The EU Carbon Border Adjustment Mechanism: Why it should matter to Asian exporters – JD Supra
In 2021, the European Union introduced a Fit for 55 package which was a part of a set of proposals that would assist the European Commission in the delivery of the European Green Deal. The Carbon Border Adjustment Mechanism (CBAM), which is a part of the package, is a proposed border tariff on imports of carbon intensive products into the European Union (EU).
The transitional phase of the implementation of the CBAM will kick in on January 2023 and will cover five industrial sectors, namely: iron and steel; cement; fertilisers; aluminium; and electricity generation. During this time, importers in these sectors will be subjected to the EUs carbon emissions calculations and reporting requirements. This will allow the European Commission to collect accurate CO2-equivalent emissions data from the importers concerned. At this point, importers need not worry about payment of the financial adjustments.
After the transition period ranging from January 2023 to December 2025, the European Commission will evaluate if the ambit of the CBAM should be expanded to include indirect emissions and to products further down the supply chain. Thereafter, from January 2026, EU importers of iron and steel; cement; fertilisers; aluminium; and electricity products will need to obtain the relevant authorisation from a CBAM authority. This authorisation will comprise purchasing carbon certificates which will be priced in correspondence to carbon prices that would have been paid to produce the same in the EU.
While the current EU Emissions Trading System (ETS) covers EU countries, the CBAM will apply to goods produced outside the EU and will indirectly impact supply chains and the manufacturing sector based in Asia that heavily imports goods to the EU. The prices of CBAM certification would be derived from the weekly average auction price of EU ETS allowances, which would be denoted in / tonne of CO2 emitted. Importers will have to register with national authorities where they can buy CBAM certificates, either individually or through a representative. The CBAM would be gradually implemented, meaning that the number of required certificates would be adjusted to reflect any free allowances still allocated under the ETS. The rationale of the law is to address carbon leakage a situation wherein companies move production of goods abroad, to countries with less rigorous emissions policies, predominantly to save costs associated with carbon pricing.
Companies in the identified sectors will have to be mindful that CBAM levies will undeniably increase the cost of exporting to the EU and place them at a relative disadvantage. South Asian and ASEAN economies export greatly to the EU market in the identified sectors, exposing them to the potential CBAM charges. In 2019, of the US$40 billion CBAM-related exports from six South Asian countries, around 14 per cent were sent to the EU. India alone accounted for just above 80 per cent of these exports, while Malaysia accounted for around 15 per cent.
Thus, in order to comply with the new law, affected companies in Asia will have to, at the very least:
Asian economies which export to the EU market will feel the brunt of the CBAM charges. Only a handful of economies in the Asia-Pacific region have a carbon pricing infrastructure in place and even ones that do are significantly lower than the EU or might not cover all the relevant sectors. For example, India has a de-facto carbon tax (levied as coal cess) of around USD 5per tonne, which is applicable only on the production of coal. On the contrary, carbon taxes in the EU range from USD 0.08 to USD 129 per tonne, depending on the country the tax is levied in.
China has ambitious targets for net-zero emissions and adopts one of the worlds most robust emissions trading schemes (a rate-based system) which targets reductions in CO2 emissions per unit of output rather than total CO2 emissions (a mass-based system). The Chinese system covers more than twice the CO2 emissions accounted for under the EU ETS. As of June 2022, Chinese carbon credits cost 8.5% the price of EU ETS credits, with a growth rate of just 10% year-on-year compared to 53% in EU ETS credit prices. This disparity will impact Chinese cement exporters, for instance, who will have to comply with Chinese law as well as the CBAM, and increase in costs anticipating the inclusion of indirect emissions which could potentially target Chinas 57% coal-powered economy.
What this means for stakeholders are rising costs, which are likely to see a year-on-year increase, especially as the carbon footprint of more products are taken into consideration after the initial phase. The cost to calculate, monitor, report, and verify emissions will be on the exporter.
1. CBAM compliance-related measures including but not limited to regulatory changes, calculation and reporting of carbon emissions, and perhaps offsetting will have to be done once the CBAM becomes operational, if companies want to continue exporting to the EU.
Whist the CBAM will be borne by the importer, market practices in the sustainability sector show that the cost for carbon compliance often gets shifted further down to counterparties by back-to-back contracts. This will add to the exporters accounting and operational costs as there will be an imminent need to plan for supply chain management and carbon accounting.
Importers and exporters alike should be mindful of other ancillary issues such as customs declarations and the origin of goods. As it stands, the customs authorities have the obligation to ensure that each importer also known as a customs declarant has been previously registered with the central CBAM authority. In addition to this, the recommendation clarifies that non-preferential rules of origin as per the Union Customs Code shall apply. In theory, this means that goods with a production line encompassing multiple countries will be deemed to originate from the country wherein the last material manufacturing was undergone. This could potentially shift the cost of compliance on manufacturers and exporters based in Asia. Compliance might also become part of the exporters contractual obligations, based on which the importer will comply with the CBAM in the EU.
2. International trade law, carbon finance, and on-going government negotiations
The Paris Agreement is the key driver behind the CBAM, and was negotiated and adopted by 196 countries at the United Nations COP 21 meeting in Paris in December 2015, and entered into force in November 2016. Jurisprudentially and historically (under the common but differentiated responsibility principle), developing countries have maintained that since industrialised nations such as the EU created the problem of global warming through their historic emissions, developing nations should not have to support the cost of mitigating impacts of climate change. In this way, the CBAM may conflict with the Paris Agreement which is based on nationally determined contributions, and by extension individual countries goals on emissions reductions. The CBAM, through its charges, is making developing countries (through their export markets) align with the EU, failing which they will bear extra charges on their exports to the EU. It is important, therefore, to follow international negotiations on the application of the CBAM to developing countries, which will ultimately impact the private sector.
3. Domestic regulations on carbon pricing, taxation, and subsidies
It is crucial to note that some Governments may intend to subsidise the impact of the CBAM on exporters by internal budgeting policies, while others may have contrasting budget policies. Further, compliance under domestic law as well as CBAM may be tricky considering different methods of calculating emissions, harmonising laws, as well as financing offsets.
The CBAM and carbon pricing in Asia in general as well, are fast-developing areas. We are closely monitoring this space to be able to assist our clients in not only compliance with carbon pricing mechanisms but also in helping them avoid legal risk in all aspects of carbon emissions and offsets management.
Dentons Rodyk thanks and acknowledges Pulara Somachandra for her contributions to this article.
More here:
The EU Carbon Border Adjustment Mechanism: Why it should matter to Asian exporters - JD Supra
- The European Union awards an additional 14.8 million in Aid to UNICEF to support the most vulnerable children and strengthen disaster preparedness in... - July 4th, 2025 [July 4th, 2025]
- Speech by President Antnio Costa at the opening ceremony of the Danish Presidency of the Council of the European Union - consilium.europa.eu - July 4th, 2025 [July 4th, 2025]
- Deepening structural reforms and reprioritising public spending can boost growth in the European Union - OECD - July 4th, 2025 [July 4th, 2025]
- Now Unfolding The Impact Of Russias Military Priorities On International Travel: Insights For US, China, European Union And CIS Markets: Here Is What... - July 4th, 2025 [July 4th, 2025]
- European Union's Butan-1-ol Market to Experience Slight Growth with +0.3% CAGR in Volume and +1.6% CAGR in Value from 2024 to 2035 - IndexBox - July 4th, 2025 [July 4th, 2025]
- China and the European Union Hold the 13th Round of High-level Strategic Dialogue - fmprc.gov.cn - July 4th, 2025 [July 4th, 2025]
- European Union's Cobalt Oxides and Hydroxides Market Expected to Grow steadily at +2.3% CAGR over the Next Decade - IndexBox - July 4th, 2025 [July 4th, 2025]
- European Union's Lubricating Oil Additives Market to Expand at a CAGR of +2.4% Through 2035, Reaching $103.1B in Market Value - IndexBox - July 2nd, 2025 [July 2nd, 2025]
- New spokesperson for the European Union Mission in Mozambique is from Minho - EEAS - July 2nd, 2025 [July 2nd, 2025]
- European Union nations call for stricter limits on sperm donation - Live Action | Pro-Life - June 29th, 2025 [June 29th, 2025]
- European Union's Cheese Market: Increasing Demand for Grated, Powdered, and Blue-Veined Cheeses to Drive Market Growth to 7M tons and $48.4B by 2035 -... - June 29th, 2025 [June 29th, 2025]
- European Union's Silver Market to See Slight Growth with +1.3% CAGR Driving Consumption Trends - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union's Grape Market to Witness Mild Growth with CAGR of +0.5% from 2024 to 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- European Union Set to Redefine Budget Air Travel with Ambitious Policy Guaranteeing Free Carry-On Luggage and Greater Passenger Freedom on All EU and... - June 29th, 2025 [June 29th, 2025]
- European Union's Iron and Steel Slabs, Billets, and Blooms Market to Exhibit Slight Growth with CAGR of +0.4% through 2035 - IndexBox - June 29th, 2025 [June 29th, 2025]
- The United States has submitted a fresh trade deal proposal to the European Union - Forexlive | Forex News, Technical Analysis & Trading Tools - June 29th, 2025 [June 29th, 2025]
- Why Apple is revamping its App Store terms in the European Union - Fast Company - June 28th, 2025 [June 28th, 2025]
- Fiala: The European Union should not terminate the association agreement with Israel - European Newsroom - June 28th, 2025 [June 28th, 2025]
- European Union's Nitric and Sulphonitric Acids Market to Reach 1.5M Tons and $586M by 2035 - IndexBox - June 28th, 2025 [June 28th, 2025]
- European Union's Aniline Derivatives Market Expected to See +1.5% CAGR Growth Over Next Decade - IndexBox - June 28th, 2025 [June 28th, 2025]
- One-sided account of Israels actions in Gaza, Bnai Brith says of European Union report - JNS.org - June 28th, 2025 [June 28th, 2025]
- Importing Conflict into the European Union Not the Way to Peace, Hungarian PMs Political Director Says - The European Conservative - June 28th, 2025 [June 28th, 2025]
- After NATO Deal, How Far Will European Union Go For Trade Peace With Donald Trump - NDTV - June 28th, 2025 [June 28th, 2025]
- European Union divided over response to suspected Israeli rights breaches - Reuters - June 24th, 2025 [June 24th, 2025]
- The European Union and Canada open a new chapter in their cooperation - European Commission - June 24th, 2025 [June 24th, 2025]
- European Union military engagement in the Western Balkans: peacekeeping or strategic containment? EUs mission EUFOR Althea case study - PubAffairs... - June 24th, 2025 [June 24th, 2025]
- Lavrov announced the manifestation of rebellion in the controlled "herd" of NATO and of the European Union - EADaily - June 24th, 2025 [June 24th, 2025]
- Spain will ask the European Union to suspend the association agreement with Israel - Pressenza - International Press Agency - June 24th, 2025 [June 24th, 2025]
- European Union divided over response to suspected Israeli rights breaches - The Japan Times - June 24th, 2025 [June 24th, 2025]
- Israels appetite for war in Gaza threatens its relationship with the European Union - The Guardian - June 24th, 2025 [June 24th, 2025]
- Hybrid launch of 'The Routledge Guide to the European Union (2nd edition)' with Ian Bond, Mark Leonard and Armida van Rij - Centre for European Reform... - June 24th, 2025 [June 24th, 2025]
- The role of services of general interest (SGI) for competitiveness, social cohesion and democracy in the European Union - EESC - June 24th, 2025 [June 24th, 2025]
- European Union's Boring or Sinking Machinery Market to Reach 44K Units and $2.2B Value by 2035 - IndexBox - June 24th, 2025 [June 24th, 2025]
- European Union: AI Partnerships and DMA Enforcement Top of the Agenda for European Regulators - Wilson Sonsini - June 22nd, 2025 [June 22nd, 2025]
- European Union's Beverage Filtration Machinery Market to Reach 1.2M Units and $612M by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- European Union's Hydraulic Press Market Expected to Grow with 289K Units and $2.4B Value by 2035 - IndexBox - June 22nd, 2025 [June 22nd, 2025]
- Statement by the Ministers of Foreign Affairs of France, Germany, and the United Kingdom, together with the High Representative of the European Union... - June 22nd, 2025 [June 22nd, 2025]
- Rare earth access is the European Union's priority at China summit - Reuters - June 20th, 2025 [June 20th, 2025]
- Germany, Italy, Netherlands, Spain, Czech Republic, Denmark and Twenty One Countries in European Union Threatening to Suspend Israel Schengen Visa... - June 20th, 2025 [June 20th, 2025]
- European Union's Lifts and Elevators Market to Grow at a CAGR of +0.9% through 2035, Expected to Reach 665K Units - IndexBox - June 20th, 2025 [June 20th, 2025]
- European Union's Packaging Machinery Market to Increase at a CAGR of +2.2% Reaching $6.3B by 2035 - IndexBox - June 20th, 2025 [June 20th, 2025]
- The European Union announced the rejection of Russian gas at the wrong time: the price is approaching $ 500 - EADaily - June 20th, 2025 [June 20th, 2025]
- The European Union Watches from the Sidelines - inss.org.il - June 20th, 2025 [June 20th, 2025]
- How is disinformation addressed in the member states of the European Union? 27 country cases - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Literature review on actors of disinformation in the European Union - EDMO.eu - June 18th, 2025 [June 18th, 2025]
- Akriila and the European Union collaborate to give voice to Chiles clean energy future in new track The Power - EEAS - June 18th, 2025 [June 18th, 2025]
- Israel/Iran: Statement by the High Representative on behalf of the European Union - consilium.europa.eu - June 18th, 2025 [June 18th, 2025]
- Trump Drops Papers He Just Signed and Mistakenly Refers to the U.K. as The European Union - Mediaite - June 18th, 2025 [June 18th, 2025]
- In April, imports of plywood to European Union increase 5% - lesprom.com - June 18th, 2025 [June 18th, 2025]
- European Union warns of retaliation over Trumps steel tariff hike - The Indian Express - June 1st, 2025 [June 1st, 2025]
- News: NATO and the European Union unite for Ukraine at a NAC - PSC meeting, 28-May.-2025 - NATO - Homepage - June 1st, 2025 [June 1st, 2025]
- Its Time for Israel To Join the European Union - The Media Line - June 1st, 2025 [June 1st, 2025]
- Beijing-based Ambassadors of the European Political Community (EPC) met at the European Union Delegation to China - EEAS - June 1st, 2025 [June 1st, 2025]
- Tech tariffs? A brewing conflict with the European Union and within the Trump administration - Washington Examiner - June 1st, 2025 [June 1st, 2025]
- European Union on its way to reach a 54% GHG emissions reduction by 2030 - Enerdata - June 1st, 2025 [June 1st, 2025]
- Trump Advisor Jason Miller Warns of the Threat European Union Poses to Free Speech - floridianpress.com - June 1st, 2025 [June 1st, 2025]
- Trump says trade negotiations to begin soon between U.S. and European Union - MSNBC News - June 1st, 2025 [June 1st, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - AP News - May 15th, 2025 [May 15th, 2025]
- What should the European Union aim for in a trade deal with Trump? - Bruegel - May 15th, 2025 [May 15th, 2025]
- European Union accuses TikTok of breaching digital rules with lack of transparency on ads - Ottumwa Courier - May 15th, 2025 [May 15th, 2025]
- European Union election observation mission publishes its final report with 19 recommendations; genuine political will needed to reinforce democratic... - May 15th, 2025 [May 15th, 2025]
- Digital Anonymity in Danger! What is the European Union deciding? - Red Hot Cyber - May 15th, 2025 [May 15th, 2025]
- The European Union and the United States reach an agreement to enhance trade talks - - May 15th, 2025 [May 15th, 2025]
- EU and UK at loggerheads over fishing rights and youth mobility | European Union - The Guardian - May 15th, 2025 [May 15th, 2025]
- European Union agrees on 17th sanction package against Russia (VGK:NYSEARCA) - Seeking Alpha - May 14th, 2025 [May 14th, 2025]
- The European Union celebrates Europe Day 2025 with the exhibition Panama and Europe: routes that connect - EEAS - May 14th, 2025 [May 14th, 2025]
- European Union's Nails and Staples Market Expected to Grow at CAGR of +0.9% Over Next Decade - IndexBox - May 14th, 2025 [May 14th, 2025]
- Gavin Willsey reaches milestone at the Midwest Model European Union competition - Stephen F. Austin State University - May 10th, 2025 [May 10th, 2025]
- Europe Day NYC: Celebrating 75 years of the European Union, from vision to reality - EEAS - May 10th, 2025 [May 10th, 2025]
- Meet the MEP who wants to bring Canada into the European Union - Euronews.com - May 10th, 2025 [May 10th, 2025]
- European Union: The European Commission's action plan to drive innovation, sustainability and competitiveness in the automotive sector - Global... - May 10th, 2025 [May 10th, 2025]
- European Union launches $566 million drive to attract researchers scared off by Trump moves on science and universities - Fortune - May 10th, 2025 [May 10th, 2025]
- Georgians Risk Losing Their Visa-Free Travel Privileges To The European Union Amid Growing Tensions - Travel And Tour World - May 10th, 2025 [May 10th, 2025]
- The Delegation of the European Union to the Republic of Korea Marking Europe Day 2025 under the Theme "Partnering for Peace and Security" -... - May 10th, 2025 [May 10th, 2025]
- 'We call on the European Union to endorse a confederation of the states of Israel and Palestine in one homeland' - Le Monde.fr - May 3rd, 2025 [May 3rd, 2025]
- The European Union does not plan to participate in the settlement of the conflict on Ukraine - EADaily - May 3rd, 2025 [May 3rd, 2025]
- European Union's Soybean Oil Market to Grow at a CAGR of +0.8% Over the Next Decade - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Methanol Market to Exhibit Slow Growth with CAGR of +0.2% through 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Alumina Market to Reach 7.1M Tons and $4.8B by 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]
- European Union's Stranded Wire, Ropes and Cables Market to Reach 1.6M Tons and $6.6B by 2035 - IndexBox - May 3rd, 2025 [May 3rd, 2025]