Climate change is a global problem that needs global solutions. As the EU raises its own climate ambition, and as long as less stringent climate policies prevail in many non-EU countries, there is a risk of so-called ‘carbon leakage’. Carbon leakage occurs when companies based in the EU move carbon-intensive production abroad to countries where less stringent climate policies are in place than in the EU, or when EU products get replaced by more carbon-intensive imports.
The EU’s Carbon Border Adjustment Mechanism (CBAM) is our landmark tool to put a fair price on the carbon emitted during the production of carbon intensive goods that are entering the EU, and to encourage cleaner industrial production in non-EU countries. The gradual introduction of the CBAM is aligned with the phase-out of the allocation of free allowances under the EU Emissions Trading System (ETS) to support the decarbonisation of EU industry.
By confirming that a price has been paid for the embedded carbon emissions generated in the production of certain goods imported into the EU, the CBAM will ensure the carbon price of imports is equivalent to the carbon price of domestic production, and that the EU’s climate objectives are not undermined. The CBAM is designed to be compatible with WTO-rules.
Latest developments
On 13 December 2022, the Council and the European Parliament reached a political agreement on the implementation of the new CBAM.
Key elements
The CBAM will initially apply to imports of certain goods and selected precursors whose production is carbon intensive and at most significant risk of carbon leakage: cement, iron and steel, aluminium, fertilisers, electricity and hydrogen. With this enlarged scope, CBAM will eventually – when fully phased in – capture more than 50% of the emissions in ETS covered sectors. Under the political agreement, the CBAM will enter into force in its transitional phase as of 1 October 2023.
The gradual phasing in of CBAM over time will allow for a careful, predictable and proportionate transition for EU and non-EU businesses, as well as for public authorities. During this period, importers of goods in the scope of the new rules will only have to report greenhouse gas emissions (GHG) embedded in their imports (direct and indirect emissions), without making any financial payments or adjustments. The agreement foresees that indirect emissions will be covered in the scope after the transitional period for some sectors (cement and fertilisers), on the basis of a methodology to be defined in the meantime. The objective of this transition period is to serve as a pilot and learning period for all stakeholders (importers, producers and authorities) and to collect useful information on embedded emissions to refine the methodology for the definitive period.
Once the permanent system enters into force on 1 January 2026, importers will need to declare each year the quantity of goods imported into the EU in the preceding year and their embedded GHG. They will then surrender the corresponding number of CBAM certificates. The price of the certificates will be calculated depending on the weekly average auction price of EU ETS allowances expressed in €/tonne of CO2 emitted. The phasing-out of free allocation under the EU ETS will take place in parallel with the phasing-in of CBAM in the period 2026-2034.
A review of the CBAM’s functioning during its transitional phase will be concluded before the entry into force of the definitive system. At the same time, the product scope will be reviewed to assess the feasibility of including other goods produced in sectors covered by the EU ETS in the scope of the CBAM mechanism, such as certain downstream products and those identified as suitable candidates during negotiations. The report will include a timetable setting out their inclusion by 2030.
Next steps
The European Parliament and the Council will now have to formally adopt the new Regulation. Once formally adopted by the co-legislators, the final set of rules and methodology for applying the CBAM will be further specified in an implementing act to be adopted by Commission after consulting the CBAM Committee, made up of experts from EU Member States. The CBAM will then enter into force on 1 October 2023 in its transitional phase.
Compliments of the European Commission.
The post EU Commission | Carbon Border Adjustment Mechanism first appeared on European American Chamber of Commerce New York [EACCNY] | Your Partner for Transatlantic Business Resources.
The Dutch Authority on Financial Markets (the ‘AFM’) performed an exploratory study with trading venues and traders for own risk and account (together the ‘capital market firms’). This to investigate whether the capital market firms have a resilient ICT incident management process and if they are compliant with the upcoming Digital Operational Resilience Act (‘DORA’). The results showed some gaps between the ICT management process in place and the requirements set by DORA.
The AFM performed this study after it observed an increase in ICT-related incidents occurring in the capital markets. As part of this study, the maturity of ICT incident management was assessed. The AFM found that the investigated entities had procedures and processes in place to identify, document, and manage ICT‑related events and incidents. Furthermore they saw a strong correlation between the size of the firm and the maturity of ICT incident management.
The AFM has provided an overview of controls identified in the study (by the investigated entities) that capital market firms can implement to improve their ICT incident management, including:
- use of ICT event categorisation and prioritisation.
- incorporation of a dedicated ICT security department that implements tools to identify cyber security events and a security event response plan to counter cyber threats.
- periodical review of the ICT-related risk management framework to ensure compliance with regulatory requirements and keep up to speed with technology developments.
- root cause analyses on ICT-related incidents and define action plans to prevent the recurrence of incidents by identifying and eliminating the underlying cause.
- identification and use of key performance indicators (‘KPIs’) concerning ICT events and incidents to showcase to the management whether certain goals are achieved.
- service level agreements to manage outsourced ICT functions (if any) on the basis of which these third parties report on KPIs and provide incident reports.
In 2025, DORA will come into force. By then capital market firms will have to comply with strict(er) rules regarding ICT risk management, including ICT incident management. To ensure compliance, the AFM calls on capital market firms to start with the implementation of DORA in a timely manner.
This call for action is also relevant for other financial institutions and ICT third-party service providers, as they also must comply with DORA. To support you with the implementation of DORA, we will continue to publish blog posts, in which we will address the requirements in more detail.
We are also available to assist with a deep-dive analysis of the needs of your organisation in respect of compliance with DORA and support your implementation programme.
It’s time to start exploring and get ready for action!
