Opinion: EU’s CBAM may be necessary break with globalisation

International Tax Review is part of Legal Benchmarking Limited, 1-2 Paris Garden, London, SE1 8ND

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Opinion: EU’s CBAM may be necessary break with globalisation

Concept: price tag for co2 emissions. Carbon tax. Composite image of a pricetag with a Euro sign attached to funnel of thermal power plant. Fumes emitted. Weed in the foreground, sun flares.

The European Parliament may have only just approved the carbon border adjustment mechanism, but the next step could see EU member states argue for watering down this historic reform.

European leaders will be thinking about the possibilities of an EU-wide carbon border after the European Parliament vote last week cleared the plan for the next stage. If the carbon border adjustment mechanism goes ahead, it will come into force on October 1.

Governments must decide whether they will support the carbon border tax regime. Carbon borders represent a break with the free trade ideals of globalisation, but this may be necessary to address the most pressing issue of our time – climate change.

Carbon taxes and pricing regimes have become the norm in many countries. The EU’s Emissions Trading Scheme saw rates rise to €100 ($110) per tonne this February, from €20 per tonne in 2021.

A carbon border mechanism would build on this foundation and raise barriers to carbon-intensive industry outside the EU from trading with the bloc. Naturally, critics of the CBAM outside the EU see it as another form of protectionism.

The US government may just add the CBAM to its list of complaints with the European Commission. US companies have long felt discriminated against by EU state aid law and European countries levying digital taxes.

There may be more than a grain of truth in this claim, but the accusations of protectionism go both ways. French and German politicians have raised concerns about the US tax credits for electric vehicle production.

Nevertheless, a world of carbon borders is better than the alternative and such barriers could complement green tax credits. Free trade at the expense of our future is hardly a wise policy.

Fault lines

The CBAM has come a long way since it was drafted in 2021 with the aim of carbon neutrality by 2050. It would raise the costs of carbon-intensive imports, such as cement, hydrogen, iron and steel, to reduce carbon emissions by 55%.

Although the border mechanism is planned to come into effect in October 2023, this would be a transitional period lasting until the system becomes permanent on January 1 2026. Companies can expect more reporting requirements and higher costs just for compliance.

This border regime will raise the cost of carbon-intensive imports, putting a lot of countries outside the EU at a disadvantage. These include fossil fuel export nations such as Russia and Saudi Arabia, but also emerging economies like China.

However, it’s a difficult time to be passing on the cost of pollution to consumers. This is a hard sell for governments at a time of high inflation even though such inflation means carbon taxes raise more revenue.

The main opposition to the CBAM in the European Parliament came from French Greens, who were concerned about the fallout for working-class households. France has seen major protests over its attempts to implement a fuel tax – and now faces even greater opposition over pension reform.

At the same time, French politicians might be more likely to support a CBAM because nuclear power makes up 75% of its energy mix and the country is far less dependent on oil and coal than other EU member states.

Many EU governments will be torn over the increased cost of high-carbon imports. The Netherlands has seen the rise of the Farmer Citizen Movement, which opposes measures to curtail the use of certain chemicals in agriculture.

Some EU member states such as Hungary and Poland tend to oppose fiscal reform across the economic union, but this time even the biggest European economy has reasons to doubt a carbon border tax.

Unlike France, Germany has turned away from nuclear power and returned to coal. The country depends on Russian imports of natural gas and coal as part of its energy strategy. This has put Germany in a very difficult spot since Russia invaded Ukraine in February 2022.

Meanwhile, the UK might end up with a carbon border of its own just for the sake of aligning its standards with the world’s biggest trade bloc. Even after Brexit, the UK government has to consider its position with the EU.

So, EU leaders may be likely to try and find a compromise on a carbon border. This is a turning point for Europe and the rest of the world.

more across site & shared bottom lb ros

More from across our site

The climbdowns pave the way for a side-by-side deal to be concluded this week, as per the US Treasury secretary’s expectation; in other news, Taft added a 10-partner tax team
A vote to be held in 2026 could create Hogan Lovells Cadwalader, a $3.6bn giant with 3,100 lawyers across the Americas, EMEA and Asia Pacific
Foreign companies operating in Libya face source-based taxation even without a local presence. Multinationals must understand compliance obligations, withholding risks, and treaty relief to avoid costly surprises
Hotel La Tour had argued that VAT should be recoverable as a result of proceeds being used for a taxable business activity
Tax professionals are still going to be needed, but AI will make it easier than starting from zero, EY’s global tax disputes leader Luis Coronado tells ITR
AI and assisting clients with navigating global tax reform contributed to the uptick in turnover, the firm said
In a post on X, Scott Bessent urged dissenting countries to the US/OECD side-by-side arrangement to ‘join the consensus’ to get a deal over the line
A new transatlantic firm under the name of Winston Taylor is expected to go live in May 2026 with more than 1,400 lawyers and 20 offices
As ITR’s exclusive data uncovers in-house dissatisfaction with case management, advisers cite Italy’s arcane tax rules
The new guidance is not meant to reflect a substantial change to UK law, but the requirement that tax advice is ‘likely to be correct’ imposes unrealistic expectations
Gift this article