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

Sitting

15 September 2026

This vote

Vote 18 of 72 on this subject — a vote on part of the text

This part

‘The temporary derogation referred to in the first paragraph (the ‘request’) shall be granted only where the Member State demonstrates, on the basis of verifiable evidence, 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. The request shall 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 adopt a decision authorising or refusing the request within two months of its submission. The Commission shall ensure that all temporary derogations granted under this paragraph remain necessary, proportionate, and consistent with the environmental integrity of the CBAM and the proper functioning of the internal market. The Commission shall ensure that all temporary derogations granted under this paragraph remain necessary, proportionate, and consistent with 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 six months, demonstrating how the temporary derogation remains necessary and does not impair the integrity of the CBAM nor the achievement of its goals. 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].’

Requested by

split vote: PfE · roll call: PfE

Amendments change the text; the final vote decides it.