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Legal Admissibility and Consequences of Regulating a Carbon Border Adjustment Mechanism in the EU-ETS

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Legal Admissibility and Consequences of Regulating a Carbon Border Adjustment Mechanism in the EU-ETS

Project
Duration
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In the course of the "European Green Deal", the greenhouse gas emission allowances cap in the European Emissions Trading Scheme (EU-ETS) was tightened in order to achieve the set target of reducing greenhouse gas emissions by 55% compared to 1990 levels by 2030. This leads to a higher risk of relocation of production sites to locations outside the EU ETS (so-called carbon leakage) by energy-intensive industries. The European Green Deal therefore considers a Carbon Border Adjustment Mechanism (CBAM). This mechanism is intended both to counteract the relocation of production sites and to promote the decarbonisation of CO2-intensive industry. The EU Commission presented a regulatory proposal for the introduction of such a mechanism on 14 July 2021. Within the framework of the research project, the possibilities of a CO2 compensation mechanism (CBAM) that is permissible under international, trade and European law is investigated, evaluated and presented. The work was carried out jointly by a consortium consisting of Ecologic Institute, Oeko-Institut and Prof. Dr. Michael Mehling.

The consortium's main areas of focus in the project included:

  • Short assessment of the European Commission's proposal on the CBAM: A brief assessment of the Commission's proposal was made and its compatibility with WTO and European law was examined.
  • The consideration of carbon footprints in WTO law and the "Process and Production Methods" doctrine:  An examination is made of the extent to which the WTO legal position on production processes (process and production methods (PPM)) can contribute to climate protection or should be further developed.

Contact

Funding
Partner
Team
Dr. Michael Jakob
Duration
-
Project ID
Keywords
Energy, Green Deal, Emissions Reduction Target, EU ETS, Carbon Leakage, Industry, CBAM, Commission Proposal
Europe