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
- Hungary Becomes Net Contributor to the European Union - Hungarian Conservative - December 2nd, 2025 [December 2nd, 2025]
- European Union and Singapore reinforce digital cooperation - European Interest - December 2nd, 2025 [December 2nd, 2025]
- Morawiecki on the judgment of the Court of Justice of the European Union: a brazen interference in the order of family law - European Newsroom - December 2nd, 2025 [December 2nd, 2025]
- European Union and UNESCO launch a new initiative to strengthen literacy and economic resilience in Afghanistan - Unric - December 2nd, 2025 [December 2nd, 2025]
- Court of Justice of the European Union Strengthens the Rights of Parents With Disabled Children - JD Supra - December 2nd, 2025 [December 2nd, 2025]
- European Union moves to cut off Tanzania over rights record - ZAWYA - December 2nd, 2025 [December 2nd, 2025]
- The Baltic Edge: A Strategic Imperative for NATO and the European Union - Taylor Wessing - December 2nd, 2025 [December 2nd, 2025]
- European Union threatens Tanzania with sanctions, funding freeze over post-election abuses - Business Insider Africa - November 30th, 2025 [November 30th, 2025]
- Europes chance to change the war: How to make the most of the reparation loan - European Union Institute for Security Studies | - November 30th, 2025 [November 30th, 2025]
- Shein faces European Union scrutiny over child safety and illegal products - AP News - November 30th, 2025 [November 30th, 2025]
- European Union's Nickel Market Set for Growth to 445K Tons in Volume and $8.6B in Value by 2035 - IndexBox - November 30th, 2025 [November 30th, 2025]
- European Union-funded Food Security Response in Northern Ghana - Food and Agriculture Organization - November 30th, 2025 [November 30th, 2025]
- European Union's Sweet Biscuit Market Set for Steady Growth With a 3% CAGR in Value - IndexBox - November 30th, 2025 [November 30th, 2025]
- Paris Louvre Museum To Increase Ticket Price For Visitors From Outside The European Union - Southern Minnesota News - November 30th, 2025 [November 30th, 2025]
- European Commission Approves BRINSUPRI (brensocatib) as the First and Only Treatment To Date Approved for Non-Cystic Fibrosis Bronchiectasis in the... - November 18th, 2025 [November 18th, 2025]
- President of Slovakia before ambassadors: Slovakia co-creates the rules of the game in the European Union - European Newsroom - November 18th, 2025 [November 18th, 2025]
- Secretary-General of ASEAN meets with the European Union Heads of Missions based in Jakarta - ASEAN Main Portal - November 18th, 2025 [November 18th, 2025]
- European Union Military Assistance Mission participates in the closing Ceremony of ISEDEF 2025 Courses - EEAS - November 18th, 2025 [November 18th, 2025]
- European Union and Vietnam: A joint path to poultry farming based on immunity and prevention - Laotian Times - November 18th, 2025 [November 18th, 2025]
- Implications of Free Trade between Mercosur and the European Union - PotatoPro - November 14th, 2025 [November 14th, 2025]
- However difficult to sell, the EU must get bigger - European Union Institute for Security Studies | - November 14th, 2025 [November 14th, 2025]
- European Union's Corrugated Paper Box Market Set for Growth to 30 Million Tons in Volume and $57 Billion in Value - IndexBox - November 14th, 2025 [November 14th, 2025]
- Red Cross and the European Union call for increased and local humanitarian investment in Latin America and the Caribbean in response to rising crises... - November 14th, 2025 [November 14th, 2025]
- RUBIO: "I don't think that the European Union gets to determine what international law is. They certainly don't get to determine is how the... - November 14th, 2025 [November 14th, 2025]
- Yes, there are political refugees from the European Union - Washington Times - November 7th, 2025 [November 7th, 2025]
- Kallas: The European Union will not allow a security vacuum in Bosnia and Herzegovina - European Newsroom - November 7th, 2025 [November 7th, 2025]
- The Presidency of Bosnia and Herzegovina Evaluated as Very Successful with the European Union Strategy for the Danube Region - European Newsroom - November 7th, 2025 [November 7th, 2025]
- Transforming Local Economic Opportunities: The European Union-funded ILO PROSPER Project Officially Launched in Southern Belize - EEAS - November 7th, 2025 [November 7th, 2025]
- The European Union supports strengthening cooperation between Bulgaria and the Republic of North Macedonia, said Valentina Superti from the EC -... - November 7th, 2025 [November 7th, 2025]
- The European Union is forging a new strategic alliance with Latin America - Peterson Institute for International Economics - November 7th, 2025 [November 7th, 2025]
- UNDP, DPPA and European Union Renew Partnership to Build National Capacities for Conflict Prevention - Unric - November 7th, 2025 [November 7th, 2025]
- Red Hat introduces confirmed sovereign support for European Union - telecomtv.com - November 7th, 2025 [November 7th, 2025]
- Private security firm says European Union vessel reaches ship raided by pirates off Somalia, all 24 crew on board safe - Yahoo - November 7th, 2025 [November 7th, 2025]
- Progress in Implementing the European Union Coordinated Plan on Artificial Intelligence (Volume 1) - OECD - November 7th, 2025 [November 7th, 2025]
- European Union restricts visas for Russian nationals over Ukraine war - The Hindu - November 7th, 2025 [November 7th, 2025]
- Jumptuit Awarded Trademarks in the European Union (EU) - PR Newswire - November 5th, 2025 [November 5th, 2025]
- Romania welcomes the publication of the Annual Package on the Enlargement of the European Union - European Newsroom - November 5th, 2025 [November 5th, 2025]
- US partners with unexpected ally in faceoff with European Union: 'Could jeopardize existing and future investments' - Yahoo - November 5th, 2025 [November 5th, 2025]
- Exclusive: Zelenskyy says 'Ukraine's future is in the European Union' - Yahoo News UK - November 5th, 2025 [November 5th, 2025]
- Kaja Kallas: Trkiye remains a key partner of the European Union - AnewZ - November 5th, 2025 [November 5th, 2025]
- European Union's SAN and ABS Copolymers Market to Reach 1.2M Tons and $2.6B by 2035 - IndexBox - November 5th, 2025 [November 5th, 2025]
- European Union tries to forge new climate targets before the COP30 summit in Brazil starts next week - The Daily Reporter - Greenfield Indiana - November 5th, 2025 [November 5th, 2025]
- Navigating the grey zone: Readiness, solidarity and resolve - European Union Institute for Security Studies | - October 30th, 2025 [October 30th, 2025]
- European Union's Metal Permanent Magnet Market Poised for Steady Growth with a 3.1% CAGR in Value - IndexBox - October 30th, 2025 [October 30th, 2025]
- European Union's Refined Rapeseed Oil Market Poised for Steady Growth With a 2.3% CAGR in Value - IndexBox - October 30th, 2025 [October 30th, 2025]
- European Union slaps a 1,600-crore fine on luxury brands Gucci, Loewe, and Chlo - Know why - ET BrandEquity - October 30th, 2025 [October 30th, 2025]
- 30th European Union Film Festival in Europe: A Global Cinematic Showcase Promoting European Art, Culture, and Tourism for Audiences Worldwide - Travel... - October 30th, 2025 [October 30th, 2025]
- European Union helps Ukrainian community of Vysoke open its first preschool - Agenparl - October 30th, 2025 [October 30th, 2025]
- European Union's Plastic Tubes and Pipes Market Set for Steady Growth with a 2.4% CAGR in Value - IndexBox - October 28th, 2025 [October 28th, 2025]
- Bulgaria, as a member of Schengen, will continue to contribute to the overall security of the European Union, said the Bulgarian interior minister -... - October 28th, 2025 [October 28th, 2025]
- European Union's Flexible Plastic Tubes and Hoses Market Set for Steady Growth with 3.3% CAGR in Value Through 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Bridge and Tower Market Set for Steady Growth with 2.8% CAGR in Value - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Yoghurt and Fermented Milk Market Set to Reach 9.8M Tons and $21.2B by 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- Flags of China and the European Union together at some event or fair. Flags of the two countries as a symbol of cooperation between the two states.... - October 28th, 2025 [October 28th, 2025]
- European Union's Fruit and Berry Market Set for Steady Growth with 2.5% CAGR in Value - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Frozen Fish and Seafood Market Poised for Steady Growth with a 3.2% CAGR in Value Through 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Lithium-Ion Battery Market Set for Growth to 944 Million Units and $32 Billion by 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Frozen Dried and Smoked Fish Market Set for Steady Growth With a 1.6% CAGR - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Paper and Paperboard Market Set to Reach 80 Million Tons and $96 Billion by 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Jewelry Market Forecast to Expand With a 1.6% CAGR Through 2035 - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union's Meat Market Set for Modest Growth to 30 Million Tons in Volume and $132 Billion in Value - IndexBox - October 28th, 2025 [October 28th, 2025]
- European Union finally approves 19th package of sanctions against Russia: what it entails - - October 26th, 2025 [October 26th, 2025]
- European Union's Coated Arc-Welding Electrode Market to See Modest Growth With a +0.6% CAGR Through 2035 - IndexBox - October 26th, 2025 [October 26th, 2025]
- European Union considers banning ethanol used in hand sanitizers over cancerous fears: What this means - Times of India - October 26th, 2025 [October 26th, 2025]
- Jordanian Exports to the European Union Register Notable Growth - - October 26th, 2025 [October 26th, 2025]
- European Union's Dry Bean Market Set for Growth to 1.2 Million Tons in Volume and $1.3 Billion in Value - IndexBox - October 26th, 2025 [October 26th, 2025]
- European Union's Narrow Woven Fabric Market Poised for Steady Growth with a 2.3% CAGR in Value Through 2035 - IndexBox - October 26th, 2025 [October 26th, 2025]
- European Union among top three trade partners of Russia - Report.az - October 26th, 2025 [October 26th, 2025]
- European Union's Woven Carpet Market Set for Growth to $1.7B and 145M Square Meters by 2035 - IndexBox - October 26th, 2025 [October 26th, 2025]
- European Union Shatters Tourism Ties with Russia by Imposing Total Ban on Travel, Striking a Powerful Blow to Operators and Shaping New Travel... - October 24th, 2025 [October 24th, 2025]
- Kazakhstan and European Union continue to strengthen co-operation, marking the 10th anniversary of strategic partnership - EU Reporter - October 24th, 2025 [October 24th, 2025]
- "We have noted the recent restrictions announced by the European Union, United Kingdom and the United States on crude oil imports from Russia and... - October 24th, 2025 [October 24th, 2025]
- European Union to support Ukraine financially over next two years Zelensky - Ukrinform - October 24th, 2025 [October 24th, 2025]
- European Union agrees on new sanctions against Russia targeting its shadow oil fleet and LNG imports - Newsday - October 23rd, 2025 [October 23rd, 2025]
- Uzbekistan Deepens Partnership With European Union Turning Tourism Into A Powerful Engine For Economic Growth And Cross-Cultural Dialogue - Travel And... - October 23rd, 2025 [October 23rd, 2025]
- The European Union agrees on new sanctions against Russia targeting its shadow fleet and banning LNG imports - Yahoo - October 23rd, 2025 [October 23rd, 2025]
- The European Union agrees on new sanctions against Russia targeting its shadow fleet and banning LNG imports - Citizen Tribune - October 23rd, 2025 [October 23rd, 2025]
- European Union's Household Hand Tools Market Set to Reach 87K Tons and $1.1B by 2035 - IndexBox - October 23rd, 2025 [October 23rd, 2025]
- 2025 UNODC and European Union Launch Regional Program to Strengthen Criminal Justice Responses to Terrorism in West Africas Coastal States - United... - October 23rd, 2025 [October 23rd, 2025]
- European Union's Rusks and Toasted Bread Market Set for Steady Growth with 2.7% CAGR in Value - IndexBox - October 23rd, 2025 [October 23rd, 2025]