The European Commission is currently discussing a draft of a proposal for a Carbon Border Adjustment Mechanism ("CBAM") Regulation that it is expected to present on July 14, 2021. A CBAM was already announced in the European Commission's Communication for a Green Deal and is intended to protect the EU's domestic industry that is at risk of carbon leakage—to create a level playing field—and to serve as a policy tool to encourage third countries to reduce their greenhouse gas ("GHG") emissions.
The CBAM draft proposal is subject to intense negotiations among the different Directorates-General of the European Commission, and it is likely that it will be amended several times before the Commission finally presents it on July 14. Nevertheless, the draft already suggests that the CBAM proposal will require importers of covered goods into the EU to purchase and surrender a number of CBAM certificates that reflect the goods' embedded emissions.依据欧洲议会s/www.europara.eu/doceo/document/TA-9-2021-0071_EN.html>决议 ,CBAM建议可能包含以下元素:
Produce: 此外,CBAM覆盖电量欧盟委员会将拥有增减覆盖区的权力,例如,它后可能包括纸张、玻璃和化学物,因为欧洲议会s/www.europa.eu/doceo/document/TA-9-2021-0071_EN.htmlCBAM管理局将保留所有授权声明者及其持有的CBAM证书部分公开注册表。 CBAM声明和证书:>/strong>每年5月31日前,授权声明者需向CBAM管理局提交CBAM声明,反映上个日历年所进口物品所嵌入的排放量和CBAM证书数与声明者交出进口物品所嵌总排放量相对应CBAM证书匹配一吨COsub>2 或等效温室气体排放嵌入经授权声明者进口的货物中。总则是CBAM证书数必须等于输入货物总嵌入式排放量。所申报的嵌入式排放必须由经CBAM管理局认证的独立验证者验证 。 Product碳脚本法: CBAM声明必须包含日历年所输入总量,以兆瓦时表示电量,用公吨表示其他货物乘以嵌入式排放The embedded emissions include direct and indirect (electricity) emissions released during the production of a goods. They would also include the emissions of input products within the system boundaries that the Commission would define. Neither the methodology nor other elements of the CBAM seem to take into account the different levels of development of countries across the globe, particularly in the developing world. Depending on how this issue is ultimately addressed, the CBAM may raise questions of compliance with WTO law. Emission Reduction Efforts in Third Countries: The draft CBAM proposal tries to take into account the emission reduction efforts of third countries where the imported goods are manufactured.Authorized declarants may claim a reduction in the number of CBAM certificates that they must surrender corresponding to the carbon price paid in the goods' country of origin. This carbon price would be the amount paid in the third county in the form of a tax or emissions allowances under a GHG emissions trading system, which would have to be proved and certified. The EU may conclude agreements with third countries in order to take into account their carbon pricing mechanisms. The draft proposal does not seem to allow for taking into account measures other than taxes or cap-and trade systems to reduce emissions in third counties. Continuation of Free Allowances for EU Sectors at Risk of Carbon Leakage and Adjustments to the CBAM Declaration: The draft CBAM proposal foresees that during an initial period to be specified, EU installations at risk of carbon leakage would continue to receive free allowances under the EU ETS.在此期间,授权声明者必须上交的CBAM证书将减少以反映继续向欧盟国内产业分配免费津贴的程度有必要作此调整,以确保CBAM符合WTO法律。 pricesCBAM证书: CBAM证书价格将反映EUETS准值价格The CBAM Authority would be empowered to sell CBAM certificates to authorized declarants at a price reflecting the average weekly closing price of all auctions of the EU ETS allowances. Arguably, authorized declarants would be able to purchase the CBAM certificates any time before the surrendering date, but the CBAM authority would only be required to repurchase the declarant's excess certificates to a maximum of 10% of all the certificates purchased by the declarant during the prior year. All other certificates in excess of 10% would be canceled each year at the end of the reporting year. The wording of the draft proposal seems to suggest that authorized declarants would not be able to sell their CBAM certificates to other authorized declarants or third parties. Penalties: Authorized declarants that fail to surrender by May 31 of each year a number of CBAM certificates corresponding to the embedded emissions in their imported goods or that submit false information would be liable to a penalty equivalent to three times the prior year's average price of CBAM certificates that the declarant failed to surrender. Transitional Period: The draft CBAM proposal also foresees an initial transitional period of three years.During this period, customs authorities of the Member States would have to ensure that declarants of covered imported goods and electricity pay a CBAM price. This CBAM price would reflect the average weekly price of the EU ETS allowance, multiplied by the embedded emissions of the imported goods, which would be calculated on the basis of the default values that reflect the average (rather than the worst 10%) emissions of the EU-based production of similar goods, unless the third country can demonstrate that the average emission intensity of a product in the third country is lower. Not a Tax: The European Commission seems determined to ensure that the CBAM is not a tax under EU law, in order to facilitate the European Parliament's and Council's adoption of the CBAM Regulation through the ordinary legislative procedure without the need for unanimity among the Member States. The CBAM Regulation would be based on Article 192(1) of the Treaty on the Functioning of the European Union (e., the clause to adopt EU environmental legislation), which also raises a question about the extent to which Member States could create their own CBAMs to cover additional industrial sectors. Ordinary Legislative Procedure: As indicated above, once the Commission presents its proposed CBAM Regulation, the proposal would have to go through the ordinary legislative procedure in the Parliament and Council. This process is likely to take at least one year (and on overage it would take over 18 months) and will provide Member States and Members of the European Parliament with the opportunities to introduce significant changes. This procedure will also provide industry, trade associations, and third countries with opportunities to influence the wording of the CBAM Regulation that the EU finally adopts. In addition to the details of the CBAM Regulation yet to be concluded by the EU, it also remains to be seen how the EU's pending efforts to adopt the CBAM will affect other international carbon pricing and climate mitigation efforts. However, the timing of the EU's movement on the CBAM is significant in the context of the G7 Communiqué from the Cornwall meeting, which "acknowledge[s] the risk of carbon leakage" and "recognise[s] the potential of high integrity carbon markets and carbon pricing to foster cost-efficient reductions in emissions levels, drive innovation and enable a transformation to net zero." These actions provide important fodder for the prospect of a more significant international agreement on carbon pricing as momentum continues to build toward the Glasgow COP 26 in November.