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ARTICLE · 03 JANUARY 2023

Regulation: EU Reaches Agreement On Carbon Border Tax

Hogan Lovells Cadwalader
Hogan Lovells Cadwalader
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Hogan Lovells Cadwalader

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Environmental regulators and ministers from across the EU member states provisionally approved the introduction of the world's first major carbon border tax, the Carbon Border Adjustment Mechanism (CBAM)...

European UnionEnvironment

Environmental regulators and ministers from across the EU member states provisionally approved the introduction of the world's first major carbon border tax, the Carbon Border Adjustment Mechanism (CBAM), which will require foreign exporters to the EU to pay for the cost of their carbon emissions. Imports into the EU of iron, steel, cement, aluminum, fertilizer, electricity generation, hydrogen and certain iron and steel products will be subject to the tax. The costs of carbon emissions for purposes of the tax would be calculated based on the actual Scope 1 and Scope 2 emissions that occur in the production of goods—defined as "embedded emissions." If actual emissions cannot be verified, the embedded emissions will be determined by the "default value," which is "based on the average emission intensity of the 10 per cent worst performing EU installations for that type of goods."

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