CBAM: history, objectives, scope, and its compatibility with international law (I)

Carbon border adjustment mechanism (CBAM)

Michael Lux
Michael Lux
Attorney at Michael Lux BV, former Head of Unit ‘Customs Legislation’ and ‘Customs Procedures’, EU Commission, Michael Lux BV, Belgium
Published 05 Nov 2023
CBAM: history, objectives, scope, and its compatibility with international law (I)
Adobe Stock
Topic spotlight
Sustainability
Note from the CCRM editors: This first part of the article provides an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the EU. It also examines the issue of whether the Paris Agreement on climate change foresees border adjustment measures by countries with high climate ambitions, and poses the following question: Is the CBAM fair towards developing countries? In the second part, the author will provide an overview of the provisions of the General Agreement on Tariffs and Trade (GATT) which could justify the CBAM, his assessment of the CBAM Regulation, and share a practical list of questions that companies can use in order to find out whether they are affected, and if so, how they can prepare to meet the CBAM requirements, in particular for the transitional period.

Related content

CBAM: History, objectives, scope, and its compatibility with international law (II)

CBAM: History, objectives, scope, and its compatibility with international law (II)

Michael Lux
Michael Lux
03 Jan 2024

Note from the CCRM editors: The first part of the article provided an overview of the history, objectives and scope of the Carbon Border Adjustment Mechanism (CBAM) introduced by the…

Sustainability
Topic spotlight
CBAM liability of importers and ‘other persons’

CBAM liability of importers and ‘other persons’

Michael Lux
Michael Lux
21 Dec 2025

The CBAM Regulation distinguishes as of 1 January 2026 between importers or their customs representatives who are ‘authorised CBAM declarants’ declaring CBAM goods for release for free circulation, and 'other…

Sustainability
Topic spotlight
EU Packaging and Packaging Waste Regulation: a practical guide to packaging, market access and producer responsibility

EU Packaging and Packaging Waste Regulation: a practical guide to packaging, market access and producer responsibility

Janina Bary
Janina Bary
23 Aug 2026

Who is responsible for packaging compliance under the EU Packaging and Packaging Waste Regulation (PPWR) applied from 12 August 2026 - the brand owner, manufacturer, importer, distributor or another operator?…

Sustainability
Topic spotlight
UK CBAM explained: 2027 rules, compliance & practical guidance for importers

UK CBAM explained: 2027 rules, compliance & practical guidance for importers

Arne Mielken
Arne Mielken
29 Jun 2026

A concise briefing from Arne Mielken (Customs Manager Ltd) on the UK's forthcoming Carbon Border Adjustment Mechanism (CBAM), relevant to customs and trade compliance professionals preparing for the UK's own…

Sustainability
EU & UK CBAM explained: key developments and practical implications for traders

EU & UK CBAM explained: key developments and practical implications for traders

Jan-Joost den Brinker
Jan-Joost den Brinker
29 Jun 2026

A practical, technically detailed session on EU CBAM (Carbon Border Adjustment Mechanism) and the forthcoming UK CBAM, comparing how the two regimes are structured and where importers, suppliers and customs…

Sustainability
CBAM as seen by the customs representative

CBAM as seen by the customs representative

Evguenia Dereviankine
Evguenia Dereviankine
03 Mar 2026

Customs representatives navigating the Carbon Border Adjustment Mechanism (CBAM) face responsibilities that vary significantly depending on the type of representation they provide. This article examines how liability is allocated under…

Sustainability
Explainer