The Times Australia
Google AI
Business and Money

The European Union wants to impose carbon tariffs on Australian exports. Is that legal?

  • Written by Felicity Deane, Associate Professor, Queensland University of Technology

What Australian politicians call carbon tariffs[1], the European Union labels a carbon border adjustment mechanism[2].

While one sounds bad (the World Trade Organisation has rules that restrict tariffs) the other sounds understandable — if the European Union is imposing a carbon tax on its own products as Australia once did[3], surely it is reasonable to impose it on products from overseas.

The argument is that if a German steel manufacturer has to pay a tax of, say, $77 a tonne for the carbon it emits while making the steel, an Australian manufacturer should be charged the same when its product enters the country, unless it has already paid the same tax here.

To do otherwise would give the Australian product an unfair price advantage — it would create “carbon leakage” of the kind Australian businesses used to warn about[4] in the leadup to Australia’s carbon price.

The European Union approved the idea in principle on March 10[5].

The details are less than clear, in part because it is possible that carbon tariffs are not permitted under the rules of the World Trade Organisation to which European nations and most other nations belong.

WTO rules might help Australia…

The rules say taxes or “charges of any kind[6]” can only be imposed on imported products the same way as they are domestically.

That appears to mean that they can be imposed on importers but not on producers, which isn’t quite what the European Union has in mind.

Ideally the World Trade Organisation would be able to provide guidance, but (in part because of the actions of the US Trump administration) it isn’t really in a position to do.

…if only they were enforceable

The European Union wants to impose carbon tariffs on Australian exports. Is that legal? New World Trade Organisation director general Ngozi Okonjo-Iweala. Fabrice Coffrini/AP

The WTO has a new director general in Ngozi Okonjo-Iweala[7] who took office this month, but it will remain in an “induced coma[8]” for as long as its appellate body is unable to hear disputes[9].

Under Trump, the US kept vetoing appointments[10] to the appellate body until the expiration of terms of its existing members meant it no longer had a quorum.

Disputes can still be initiated by countries such as Australia, forcing consultations, but without final determinations.

Although the European Union says it wants to ensure that its adjustment mechanism complies with the WTO’s rules, it hasn’t ruled out the possibility of relying on provisions that allow exceptions.

Both sides could make a case

Exceptions are allowed for the protection of human, animal or plant life or health or the protection of an exhaustible natural resource[11].

The catch is these exceptions are not allowed to discriminate between countries and must not be disguised restrictions on trade.

It is arguable that an adjustment mechanism designed to protect the competitiveness of European industries will breach these provisions.

Read more: No point complaining about it, Australia will face carbon levies unless it changes course[12]

The European Union has suggested that border adjustments will be unnecessary when the rest of the world has matched it in committing to achieve net zero emissions by 2050, so long as these commitments are back up by real actions.

But that hasn’t happened yet, and despite talk by Prime Minister Scott Morrison of his “hope[13]” that Australia can get to net zero by 2050, Australia hasn’t made a commitment, and hasn’t backed it with tax-like instrument.

With any World Trade Organisation determination uncertain and perhaps impossible, apart from complaining[14] about carbon tariffs or border adjustments, there may be little Australia can do.

References

  1. ^ carbon tariffs (www.smh.com.au)
  2. ^ carbon border adjustment mechanism (www.climatetrade.com)
  3. ^ Australia once did (www.theguardian.com)
  4. ^ used to warn about (www.bca.com.au)
  5. ^ March 10 (english.sina.com)
  6. ^ charges of any kind (docs.wto.org)
  7. ^ Ngozi Okonjo-Iweala (www.wto.org)
  8. ^ induced coma (theconversation.com)
  9. ^ disputes (theconversation.com)
  10. ^ vetoing appointments (theconversation.com)
  11. ^ protection of an exhaustible natural resource (www.sciencedirect.com)
  12. ^ No point complaining about it, Australia will face carbon levies unless it changes course (theconversation.com)
  13. ^ hope (www.smh.com.au)
  14. ^ complaining (www.smh.com.au)

Authors: Felicity Deane, Associate Professor, Queensland University of Technology

Read more https://theconversation.com/the-european-union-wants-to-impose-carbon-tariffs-on-australian-exports-is-that-legal-156946

Business Times

Is Hiring a Web Developer Still Worth It?

It’s a fair question to ask in 2026. With AI tools promising to build you a website in minutes and drag-and-drop platform...

Tech companies are blaming massive layoffs on AI. What’s really g…

In the past few months, a wave of tech corporations have announced significant staff cuts and attributed them to effici...

Nectr secures solar partnership with The Panthers Group at Pullma…

Nectr expands off-field partnership with the Panthers, delivering renewable energy solutions for the group’s commercial venue...

The Times Features

South Australian Nationals to open up local oil from Great Australian Bight

Amid out-of-control inflation and impacts from the Middle East conflict, The South Australian Na...

How does your super balance compare to other people your age?

If you have ever checked your super balance and wondered whether you are “behind” for your age, ...

Why Farrer is a key test for One Nation vs the Coalition

The Farrer by-election[1] on May 9 will be a major test for new Liberal leader Angus Taylor and ...

Leader of The Nationals Senator Matt Canavan Rockhampton press conference

Well thank you ladies and gentlemen. Thank you for coming out, this morning and thank you very muc...

Chester to elevate food security issue in Canberra

Elevating the issue of food and fibre security to a matter of national importance will be the prim...

Interior Design Ideas for Open Plan Living Spaces

Open plan living has become one of the most popular layout choices in modern homes. By removing wa...

Matt Canavan is keen on income splitting. Here’s what it would mean for couples

Newly elected Nationals leader Matt Canavan has proposed[1] allowing couples with dependent chil...

Custom Homes vs Project Homes: What’s the Difference?

When building a new home, one of the first and most important decisions you’ll make is whether to ...

Tech companies are blaming massive layoffs on AI. What’s really going on?

In the past few months, a wave of tech corporations have announced significant staff cuts and ...