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Aircraft Parts, aviation, EASA, Environment, Export

Carbon Border Adjustment Mechanism – Does It Apply to Aircraft Parts?

The European Carbon Border Adjustment Mechanism (CBAM) regulations changed as of yesterday.  Under the old provisions, EU importers were required to keep record and make reports but were not required to pay emissions taxes under the CBAM scheme.  As of January 1, European importers will be paying taxes related to certain materials under the CBAM regulations.

The philosophy behind CBAM is that EU producers are meeting stringent emissions standards.  Foreign producers may not meet the same stringent emissions standards.  Importers of foreign goods pay an emissions fee to offset the fact that the foreign producer did not have the expenses associated with meeting the stringent EU emissions standards.

Most aircraft parts are NOT subject to CBAM.  But there are several caveats to this statement:

  • CBAM applies mostly to basic materials and basic material goods, BUT it also applies to some finished products, such as:
    • Tubes and pipes (CN Headings 7303-7307, 7608-7609)
    • Tanks (CN Headings 7309-7310, 7611-7612)
    • Compressed gas tanks (CN Heading 7311, 7613)
    • Steel or iron fasteners (CN Heading 7318)
    • Aluminum wires (CN Heading 7614).
  • The EU plans to periodically examine the CBAM Regulations and has reserved the right to additional goods and sectors to the coverage of CBAM.

Wondering if your article is subject to CBAM?  Check out CBAM Annexes I and II: they have the lists of all of the CN codes that are currently subject to CBAM.

CBAM is connected to the European Union Emissions Trading System (EUETS).  Originally, aviation was exempt from the EUETS, but it appears that aviation is now being gradually incorporated into the EUETS.  Thus, aviation parts could be subject to CBAM in the future.

About Jason Dickstein

Mr. Dickstein is the President of the Washington Aviation Group, a Washington, DC-based aviation law firm. Since 1992, he has represented aviation trade associations and businesses that include aircraft and aircraft parts manufacturers, distributors, and repair stations, as well as both commercial and private operators. Blog content published by Mr. Dickstein is not legal advice; and may not reflect all possible fact patterns. Readers should exercise care when applying information from blog articles to their own fact patterns.

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