Regulation (EU) 2023/956 establishes the Carbon Border Adjustment Mechanism (CBAM), a landmark environmental policy designed to put a fair price on the carbon emitted during the production of carbon-intensive goods entering the EU. This mechanism ensures that the climate efforts of the EU are not undermined by production shifting to countries with less ambitious climate policies.
CBAM closely complements the EU Emissions Trading System (EU ETS) established under Directive 2003/87/EC. It is designed to mirror the EU ETS by applying an equivalent carbon pricing system to imports, thereby replacing the existing mechanisms (like the free allocation of EU ETS allowances) that previously aimed to prevent the risk of carbon leakage. It also intersects heavily with the Union Customs Code (Regulation (EU) No 952/2013) for import surveillance and enforcement.
The primary objective of CBAM is to prevent "carbon leakage"—the risk that companies move their carbon-intensive production abroad to countries with weaker climate policies. By equalizing the price of carbon between domestic products and imports, it encourages global industrial decarbonization and supports the goals of the Paris Agreement.
The regulation applies to importers or their appointed indirect customs representatives who import covered carbon-intensive goods into the customs territory of the Union. In order to import these goods, such entities must apply for and obtain the status of an "authorised CBAM declarant."
The legislation specifically targets imports in highly carbon-intensive sectors listed in Annex I: