Santa Fe New Mexican

United States seeks exemption from EU carbon border levy

- By Alberto Nardelli, Jorge Valero and Eric Martin

The U.S. has asked for its steel and aluminum exports to be exempt from the European Union’s carbon border levy, complicati­ng work on a broader metals accord that could lead to the allies reimposing billions of dollars in tariffs and retaliator­y measures on each other’s goods.

It’s unlikely the EU will agree to the American request since the bloc’s legislatio­n doesn’t easily provide for this kind of provision and such a move would likely run afoul of World Trade Organizati­on rules, according to people familiar with the situation.

President Joe Biden’s administra­tion and the EU are working on a global arrangemen­t on sustainabl­e steel and aluminum, called the GSA, after the two sides agreed to temporaril­y suspend tariffs that had been imposed by former President Donald Trump on national security grounds.

If an agreement isn’t found by October, tariffs could return on more than $10 billion of EU and U.S. exports each year.

European Commission spokeswoma­n Miriam Garcia Ferrer explained the carbon border adjustment mechanism is the external adjustment for the decarboniz­ation costs that are incurred internally by EU-based companies. She added no such costs are being incurred by U.S.based producers. There is no carbon price in the U.S.

“Such an exemption would also constitute a breach of WTO rules (most favored nation rule) if CBAM were not to apply to the U.S. steel and aluminum sectors covered by the GSA,” Ferrer told Bloomberg News.

The U.S. Trade Representa­tive’s office declined to comment beyond pointing to past comments from USTR Katherine Tai that the agency will work with Congress as GSA negotiatio­ns advance.

Talks between the U.S. and EU are ongoing and are expected to intensify in the coming weeks, said the people, who spoke on the condition of anonymity.

As part of its Green Deal strategy, the EU agreed to a regulation that would impose a carbon price on imports of certain goods to shield its producers from cheaper competitio­n from countries with less strict climate-protection rules. The measure effectivel­y means products including steel, aluminum, cement and fertilizer­s brought into the EU will face a levy based on their emissions footprint. Reporting requiremen­ts will start in October, as part of a gradual phase-in.

The EU is concerned an exemption for the U.S. to its carbon border adjustment mechanism wouldn’t comply with WTO rules, the people said. And the measure’s legality would depend on the details of how it is notified and implemente­d.

Nondiscrim­ination is one of the core elements of the WTO’s rule book. The organizati­on’s most favored nation principle is a commitment by its 164 members to treat other signatorie­s in an indiscrimi­nate manner or else provide compensati­on in the form of trade concession­s.

The two sides have made progress in other areas of the GSA negotiatio­ns such as working together to deploy emerging technologi­es for decarboniz­ation. However, other issues for the EU side include the possibilit­y the U.S. could retain the ability to apply tariffs on European exports and the lack of clarity over what form the agreement would take in the U.S., the people said.

The legal form of the arrangemen­ts matters as it would influence the type of ratificati­on procedure needed in the EU, the people said.

Biden and European Commission President Ursula von der Leyen said last month they were committed to achieving an ambitious outcome in the GSA by October.

“The arrangemen­t will ensure the long-term viability of our industries, encourage low-carbon intensity steel and aluminum production and trade, and restore market-oriented conditions globally and bilaterall­y,” Biden and von der Leyen said in a joint statement. “Together, we will incentiviz­e emission reductions in these carbon-intensive sectors.”

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