Among the set of economic measures recently proposed by the European Commission to the European Council and Parliament to meet the objectives of the Paris Agreements stand the reform of the European Emission Trading System (ETS) and the contextual creation of a Carbon Border Adjustment Mechanism (CBAM). The latter is devised to extend the conditions of the European ETS to imported goods in specific carbon-intensive sectors, and to create a level-playing field between domestic and imported products that should favour the transition towards greener production methods. The CBAM has sparked harsh criticism among potentially affected States, the main argument being its contrast with the obligations stemming from the European Union’s participation in the World Trade Organization (WTO). The present article analyses the compatibility of the CBAM (as currently proposed by the European Commission) with the rules of the WTO to shed light on the criticism it has so far received and to highlight the troublesome areas that will likely need to be tackled in the upcoming European legislative process.
La Proposta di un Meccanismo Europeo di Adeguamento del Carbonio alle Frontiere (CBAM). Tra il Raggiungimento degli Obiettivi Prefigurati nell'Accordo di Parigi e Presunte Violazioni degli Obblighi OMC
niccolò zugliani
2022
Abstract
Among the set of economic measures recently proposed by the European Commission to the European Council and Parliament to meet the objectives of the Paris Agreements stand the reform of the European Emission Trading System (ETS) and the contextual creation of a Carbon Border Adjustment Mechanism (CBAM). The latter is devised to extend the conditions of the European ETS to imported goods in specific carbon-intensive sectors, and to create a level-playing field between domestic and imported products that should favour the transition towards greener production methods. The CBAM has sparked harsh criticism among potentially affected States, the main argument being its contrast with the obligations stemming from the European Union’s participation in the World Trade Organization (WTO). The present article analyses the compatibility of the CBAM (as currently proposed by the European Commission) with the rules of the WTO to shed light on the criticism it has so far received and to highlight the troublesome areas that will likely need to be tackled in the upcoming European legislative process.
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