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CBAM Approval in the European Union: What Changes for Exporters?

CBAM Approval in the European Union: What Changes for Exporters?

On May 16, 2023, the Border Carbon Adjustment Mechanism – CBAM (Regulation EU 2023/956) was published, establishing the payment of carbon tax on imports of goods in all countries of the bloc.

 

  • What is CBAM?

The CBAM aims to reduce carbon emissions by the countries in the block. To this end, it establishes rules for the importation of goods, with the objective of equalizing the treatment of products manufactured in the European Union to countries with less strict environmental policies, such as Brazil.

In practice, CBAM will result in additional costs for exporters.

 

  • How will it work?

Importers will be required to purchase Certificates on a platform established by the countries of the European Union. The prices of these certificates will be based on the average weekly closing of trading in emission allowances.

The functioning of the system and the rules for calculating carbon in products with indirect emissions (related to emissions produced by electricity consumed in the production of a certain good) will be defined in due course by the European Commission.

 

  • When will CBAM come into effect?

The mechanism will have a transition period to ensure a more effective and smooth transition to the new system. Reporting obligations on carbon emissions will begin on October 1st, 2023, but payment of carbon taxes (issuance of Certificates) will only start on January 1st, 2026.

 

  • What changes for exporters?

As of October this year, it will be necessary to report only the greenhouse gas (GHG) emissions incorporated in its imports (direct and indirect emissions), without the need to make payments or financial adjustments.

This means that exporters will have to track carbon emissions in the production chain of a given commodity and calculate these emissions, according to the European regulation.

As of 2026, importers will have to declare annually the amount of goods imported into the European Union in the previous year and the GHG emissions incorporated in them. Additionally, they will have to deliver the corresponding number of CBAM certificates.

The price of these certificates will be calculated according to the weekly average price of the ETS allowance auction, expressed in €/ton CO2 emitted.

Therefore, CBAM will imply an additional cost for exporters who wish to maintain a relevant position in the European Union. Companies aligned with the environmental compliance agenda will certainly find it easier to continue exporting to the European Union.

 

  • Which industries will be affected?

Initially, the European Union determined that the following industries are subject to CBAM:

  • Cement
  • Iron and steel
  • Aluminum
  • Fertilizers
  • Electricity
  • Hydrogen

It is believed that progressively new industries will be included in this list.

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Luna Coelho

Estudante de graduação pela Faculdade de Direito de Ribeirão Preto da Universidade de São Paulo (FDRP-USP), com conclusão prevista para dezembro de 2026. É membro ativa da rede Women Inside Trade (WIT) como WIT Starter, participando sobretudo na pesquisa, produção e edição do podcast da rede.

Bruna Atala

Attorney with a law degree from the Pontifical Catholic University of São Paulo (PUC-SP) and a postgraduate degree in Civil Procedure from Fundação Getulio Vargas (FGV LAW). During her studies, she served as a researcher and oralist on PUC-SP’s team in the Philip C. Jessup International Law Moot Court Competition (2020), and her undergraduate thesis in International Law received an honorable mention.

Bernardo Ribeiro

Mestre e bacharel pela Faculdade de Direito de Ribeirão Preto da Universidade de São Paulo (FDRP/USP). Como advogado já representou empresas e associações, nacionais e estrangeiras, em casos de Defesa Comercial, Alteração Tarifária, Regime de Origem e Direito Aduaneiro. Contribuiu para o Online Repository of Contributions to the Policy Hackathon on Model Provisions for Trade in Times of Crisis and Pandemic da ONU. Foi presidente do Núcleo de Estudos de Direito Internacional de Ribeirão Preto (NEDIRP).

Karla Borges Furlaneto

Partner at BFSA, Karla advises and counsels companies and associations in international economic law, with an emphasis on international trade issues, international contracts, investments, and other matters related to foreign trade.

Throughout her career, she has been involved in a wide variety of business and legal issues, both in Brazil and in foreign jurisdictions.

Her work as a lawyer has been recognized as Who's Who in International Trade (2022).

With an extensive professional trajectory, Karla has experience in matters such as: leading multidisciplinary teams; taking part in management committees and councils of public-private entities and groups; supervising and issuing strategic opinions in studies; analyzing and defending clients on issues related to international trade and investments, international law and governmental relations.

She graduated from the Universidade Estadual de Londrina (UEL), holds a masters’ degree in International Relations from the Fletcher School of Law and Diplomacy and a Ph.D. in International Trade Law from the Faculdade de Direito da Universidade de São Paulo (USP).

A scholar of international law and international trade, she is a law professor at ESPM, was a researcher and director of the Instituto de Direito do Comércio Internacional e Desenvolvimento - IDCID, linked to USP, a Fundação Ford scholar, and more recently a researcher at the Centro Brasileiro de Relações Internacionais - CEBRI. She has published several articles and book chapters.

Fernanda Sayeg

Partner at BFSA, Fernanda Sayeg advises and represents companies and entities in the areas of International Trade Law, Customs Law, and Economic and Competition Law.

She has worked in large Brazilian law firms representing Brazilian and foreign clients in trade defense investigations, either before the Brazilian government or abroad, in matters related to import taxes, international contracts, and customs law. She also has extensive experience in administrative proceedings and concentration acts in the Conselho Administrativo de Defesa Econômica (CADE).

She holds a Bachelor's Degree in Law, a Master's Degree in International Law, and a Ph.D. in International Law from the Universidade de São Paulo (USP), and a specialist in international trade and investments from the Facultad de Derecho - Universidad de Buenos Aires (UBA). She took part in the Complementary Training and Research Program on International Trade at the Brazilian Delegation to the World Trade Organization (WTO) and other Economic Organizations in Geneva.

She was a researcher and director of the Instituto de Direito do Comércio Internacional e Desenvolvimento - IDCID, linked to USP. She is currently a professor in MBA and post-graduate courses, with emphasis on international trade law, customs law, and taxation. She is also the author of several academic articles and book chapters.

Her work as a lawyer has been recognized in publications such as Who's Who, Chambers and Partners, Análise 500, and by the Brazilian government, which appointed her as a panelist at the Dispute Settlement Body of the World Trade Organization (WTO) (2017 to 2020).

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Fernanda Sayeg

Partner at BFSA, Fernanda Sayeg advises and represents companies and entities in the areas of International Trade Law, Customs Law, and Economic and Competition Law.

She has worked in large Brazilian law firms representing Brazilian and foreign clients in trade defense investigations, either before the Brazilian government or abroad, in matters related to import taxes, international contracts, and customs law. She also has extensive experience in administrative proceedings and concentration acts in the Conselho Administrativo de Defesa Econômica (CADE).

She holds a Bachelor's Degree in Law, a Master's Degree in International Law, and a Ph.D. in International Law from the Universidade de São Paulo (USP), and a specialist in international trade and investments from the Facultad de Derecho - Universidad de Buenos Aires (UBA). She took part in the Complementary Training and Research Program on International Trade at the Brazilian Delegation to the World Trade Organization (WTO) and other Economic Organizations in Geneva.

She was a researcher and director of the Instituto de Direito do Comércio Internacional e Desenvolvimento - IDCID, linked to USP. She is currently a professor in MBA and post-graduate courses, with emphasis on international trade law, customs law, and taxation. She is also the author of several academic articles and book chapters.

Her work as a lawyer has been recognized in publications such as Who's Who, Chambers and Partners, Análise 500, and by the Brazilian government, which appointed her as a panelist at the Dispute Settlement Body of the World Trade Organization (WTO) (2017 to 2020).