Energy Traders Europe calls for clear rules before CBAM implementation

Energy Traders Europe has sent proposals to the European Commission on how to ensure that the Carbon Border Adjustment Mechanism puts a fair price on carbon-intensive electricity imports and facilitates low-carbon flows.

On July 1, the European Commission’s Directorate-General for Taxation and Customs Union launched a public consultation on the potential downstream extension of the Carbon Border Adjustment Mechanism (CBAM), as well as additional anti-circumvention measures and rules for electricity as a CBAM good.

Energy Traders Europe participated in the call for evidence, which was open until August 26. The organization pointed out that the CBAM application to electricity imports shouldn’t start without a thorough impact assessment and a clear legislative framework.

Clarity is urgently needed for contracts for the delivery year 2026

Contracts for the delivery year 2026 are already traded on electricity markets, so clarity about how these will be treated from a customs perspective is urgently needed, the trade association stressed.

In its reaction, Energy Traders Europe argued that the inclusion of electricity imports within the scope of CBAM should respect the principle of proportionality, ensuring that European businesses face no excessive costs or administrative burdens and that a proportionate carbon price is applied.

For the calculation of the carbon price, default emission factors should reflect the actual carbon intensity of the electricity mix imported from a third country, as accurately and as close to real-time as possible.

Therefore, Energy Traders Europe insists that:

• All generation technologies are taken into account to calculate the emission factor of third countries from which electricity is imported
• The carbon intensity of electricity imports should be measured with an hourly granularity.

The association also proposes improvements for the utilization of the actual embedded emissions of imported electricity, to reflect the reality of electricity trading:

• Power purchase agreement (PPA) – The definition should recognise PPAs concluded via intermediaries, such as when a CBAM declarant is reporting via an indirect representative, as well as both physical and virtual PPAs
• Physical network congestion – Once an importer can prove the hourly matching between electricity production and capacity nomination, and that guarantees of origin (GOs) eventually issued are immediately cancelled, this criterion becomes redundant and hence should be removed
• Capacity nomination and electricity production – Imports should be reported (and accounted for) based on the hourly confirmed scheduled quantities provided by the TSOs to each market participant, to be linked back to the hourly data of the generation plant underpinning the PPA.

According to Energy Traders Europe, the listed improvements are crucial to ensure that CBAM is fit for purpose for electricity imports, leading to more efficient use of cross-border interconnections between the EU and third countries, preventing renewable curtailments, and promoting the uptake of low-carbon electricity production in third countries.