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Carbon Border Adjustment Mechanism

Carbon Border Adjustment Mechanism

The Carbon Border Adjustment Mechanism (CBAM), initiated on October 1, 2023, by the European Union (EU), stands as a critical tool in mitigating carbon emissions associated with the production of specific imported goods. Unlike targeting imports from particular nations, CBAM aims to regulate the carbon footprint of imported products, contributing to global climate action. Our Dutch attorneys in Amsterdam at MAAK Advocaten advises companies on navigating the complexities of CBAM regulations to optimize their international trade strategies

Comprehensive Understanding of the Carbon Border Adjustment Mechanism

The Carbon Border Adjustment Mechanism (CBAM) is a critical tool for addressing carbon leakage and ensuring fair competition within the European Union. As a Dutch attorney at MAAK Advocaten, understanding CBAM’s intricacies is essential for advising businesses on compliance and strategic planning. CBAM imposes a carbon price on imports of certain goods from non-EU countries, aligning with the EU’s ambitious climate goals. This mechanism incentivizes global industries to adopt greener practices, leveling the playing field for EU-based companies adhering to stringent environmental regulations.

Why is CBAM important for Dutch businesses?

CBAM impacts various sectors, including steel, aluminum, cement, and fertilizers—industries vital to the Dutch economy. For companies doing business in the Netherlands, and importing these goods, understanding CBAM is crucial to avoid financial penalties and ensure smooth operations. Dutch firms must now account for the carbon footprint of their supply chains, adapting to new compliance requirements. This adjustment may involve renegotiating contracts with foreign suppliers, investing in greener technologies, or sourcing materials from more sustainable sources.

At MAAK Advocaten, we provide comprehensive legal guidance on navigating CBAM. Our expertise helps Dutch businesses understand the legal implications and develop effective strategies to minimize risks. By staying informed about CBAM developments, companies can better prepare for future regulatory changes. This proactive approach not only ensures compliance but also positions Dutch businesses as leaders in sustainability, enhancing their reputation and competitiveness in the global market.

Phases of CBAM Implementation

CBAM’s implementation unfolds in phases to facilitate a smooth transition. The initial phase, spanning from October 2023 to December 2025, acts as a learning curve. Importers are mandated to report embedded emissions during this period without immediate taxation. From January 2026 onwards, embedded emissions face gradual taxation, culminating in full taxation by 2034. MAAK Advocaten conducts detailed assessments to help businesses align with CBAM requirements, minimizing legal risks and potential penalties.

Sectors Under CBAM Radar

Primarily focusing on sectors vulnerable to carbon leakage, CBAM encompasses cement, electricity, fertilizers, iron and steel, aluminum, and hydrogen. Importers dealing with goods falling within these sectors must adhere meticulously to CBAM regulations to navigate the evolving compliance landscape.

Reporting and Compliance Mechanisms

CBAM operates via a robust declaration and reporting system, aligning with the Union Customs Code (UCC). Importers or their authorized representatives are entrusted with submitting declarations to the Dutch Emissions Authority (NEa) to ensure CBAM compliance. The transition phase, until December 2025, emphasizes reporting obligations sans immediate taxation.

Strategic Preparedness for CBAM Compliance

As CBAM evolves, importers are urged to fortify their compliance strategies to meet reporting obligations and future levies effectively. Essential steps encompass determining the eligibility of goods for CBAM coverage, compiling requisite data for reporting purposes, and integrating robust compliance measures into organizational frameworks.

Conclusion: Navigating CBAM for Sustainable Trade Practices

CBAM heralds asignificant stride in the EU’s quest to combat climate change and attain climate neutrality by 2050. Importers play a pivotal role in this journey, tasked with aligning with evolving regulatory mandates to mitigate carbon emissions embedded in imported goods. By embracing CBAM compliance proactively, importers not only safeguard against penalties but also foster sustainable trade practices, fostering a greener, more resilient global economy.

Dutch law firm specialized in the Carbon Border Adjustment Mechanism

For any legal questions or assistance in the Netherlands, don’t hesitate to contact our proficient team at MAAK Advocaten. At MAAK Advocaten, we host workshops and seminars to educate businesses on the evolving landscape of the CBAM and its enforcement. Our dedicated Dutch lawyers deliver top-notch legal services customized to meet your unique needs. Connect with our law firm in the Netherlands via our website, email, or phone.

Our friendly and competent team at MAAK Attorneys in Amsterdam is ready to help you, setting up a consultation with one of our specialized attorneys in the Netherlands. Tailored compliance strategies developed by MAAK Advocaten enable companies to benefit from incentives under the CBAM while adhering to environmental standards. Whether you require a Dutch litigation attorney or a Dutch contract lawyer in Amsterdam, we are committed to navigating you through legal complexities and achieving optimal outcomes for your case.

Contact details

Martin Krüger | attorney-at-law (‘advocaat’)
+31 (0)20 – 210 31 38

The content of this legal blog is intended solely for educational purposes and should not be considered specific legal advice. While we strive to keep the information accurate and up-to-date, we cannot guarantee its complete applicability to your situation. For personalized legal advice, we encourage you to consult with a licensed attorney. Please be aware that the content of the blog may change without notice, and we are not responsible for any inaccuracies or omissions.

Martin Krüger

Martin Krüger

Our English-speaking Dutch attorney Martin Krüger leads MAAK Attorneys' Product Compliance & Regulation and the Dutch Product Liability Team. His team handles complex product safety and liability issues and, where necessary, assists clients with product withdrawals or recalls. Martin is also an experienced Dutch litigator in commercial disputes between companies and against market surveillance authorities. Visit Martin's profile via the website or via his LinkedIn Profile.