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Report (COM(2025)0989 – C10-0352/2025 – 2025/0419(COD))

Carbon Border Adjustment Mechanism: extension of its scope to downstream goods and anti-circumvention measures

A-10-2026-0201-AM-109-109

9.9.2026 A10-0201/109

Amendment 109

Younous Omarjee, Nora Mebarek, Pascal Canfin, François-Xavier Bellamy, Gabriel Mato, Paulo do Nascimento Cabral, Juan Fernando López Aguilar, Sérgio Gonçalves, André Franqueira Rodrigues, Valérie Hayer, Esteban González Pons, Fabienne Keller, Aurore Lalucq, Isabelle Le Callennec, Thomas Pellerin-Carlin, João Oliveira, Ioan-Rareş Bogdan, Flavio Tosi, Isabel Benjumea Benjumea, Jean-Marc Germain, Raphaël Glucksmann, Christophe Clergeau, Esther Herranz García, Nadine Morano, Dolors Montserrat, Nathalie Loiseau, Chloé Ridel, Rosa Estaràs Ferragut, Murielle Laurent, Sandro Gozi, Nicolás Pascual de la Parte, Emma Rafowicz, Valérie Devaux, Céline Imart, Eric Sargiacomo, Stéphanie Yon-Courtin, Sven Simon, Claire Fita, Gilles Boyer, Christophe Gomart, François Kalfon, Laurence Farreng, Grégory Allione, Pierre Jouvet, Christophe Grudler, Jérémy Decerle

Report A10-0201/2026

Mohammed Chahim

(COM(2025)0989 – C10-0352/2025 – 2025/0419(COD))

Proposal for a regulation

Article 1 – paragraph 1 – point 1 – point e a (new)

Text proposed by the CommissionAmendment
(ea) the following paragraph 12a is added:
'12a. A Member State may notify a temporary derogation from the application of this Regulation for goods listed in Annex I imported into such outermost regions referred to in Article 349 TFEU and destined exclusively for local consumption or local processing.
The temporary derogation referred to in the first paragraph (the ‘request’) shall be granted for a period of four years upon the notification by the Member State concerned on the basis of a complete dossier containing verifiable elements and demonstrating that :
(a) application of this Regulation would entail disproportionate socio-economic impacts in the outermost region concerned;
(b) no viable alternative supply from within the customs territory of the Union or domestic sources is available in the short term; and
(c) neither the goods nor the products concerned can subsequently be introduced into the customs territory of the Union.
If relevant the request may be accompanied by a binding transition plan setting out a phased timetable for progressively reducing dependence on the imports concerned, with measurable indicators, in line with the environmental objectives of this Regulation.
The Member State shall notify the Commission and the other Member States of the request sufficiently in advance specifying the products, territories, justification, and measures aimed at preserving the integrity of the CBAM and preventing any form of circumvention.
The Commission shall monitor the temporary derogations applied under this paragraph remain necessary, proportionate, in full respect of Article 349 TFEU, while preserving the environmental integrity of the CBAM and the proper functioning of the internal market.
The Member State concerned shall submit to the Commission a regular monitoring report, at least every two years, demonstrating how the temporary derogation remains necessary and does not impair the integrity of the CBAM nor the achievement of its goals.
At the end of the four-year period, the Member State may request to the Commission to renew the temporary derogation for a further period of four years. The request shall be granted upon the notification by the Member States on the basis of verifiable information demonstrating that conditions laid down in the second subparagraph, points (a), (b) and (c), continue to be met. The renewal shall be based on the most recent monitoring report submitted by the Member State concerned and any additional verifiable evidence provided by it.
The Commission is empowered to adopt delegated acts in accordance with Article 28 in order to supplement this Regulation by laying down requirements, procedures and deadlines for the submission of such requests for temporary derogation, including the list of admissible evidence and indicators, to ensure the application of this Regulation. The first of these delegated acts shall be adopted five months prior to the entry into force of Regulation …./…. [this amending Regulation].

Or. en