EC proposes provisions for temporary suspension of CBAM for goods in certain circumstances

The European Commission has proposed a provision on the temporary suspension of the Carbon Border Adjustment Mechanism (CBAM) for goods in serious and unforeseen circumstances, a new Article 27a in the relevant regulation. This is indicated by the EC’s Directorate-General for Taxation and Customs Union (TAXUD).

Article 27a was included in the amendment to Regulation (EU) 2023/956, published by the European Commission in December last year, but has not yet been adopted by the co-legislators (the European Parliament and the Council of the EU).

Article 27a provides that if the inclusion of a product in the scope of the structural adjustment mechanism causes serious harm to the EU internal market due to serious and unforeseen circumstances related to the impact on prices, the EC has the right to exclude that product from the scope of the structural adjustment mechanism and to remove it from Annex 1 of the Regulation until such circumstances disappear.

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