MEP Susana Solís Pérez (PPE) has submitted a written parliamentary question to the European Commission seeking legal certainty on whether Carbon Border Adjustment Mechanism (CBAM) obligations apply to goods produced in 2025 but imported into the EU on or after 1 January 2026. The question, filed on 22 May 2026, targets a surge in imports from high carbon-intensity countries such as China and India in the first quarter of 2026, raising concerns about potential circumvention of the mechanism's definitive phase.
whether CBAM obligations are determined solely by the date of import, regardless of production date; whether CBAM certificates must be surrendered for all goods imported after 1 January 2026 even if produced earlier; and what measures the Commission will take to ensure legal certainty and prevent circumvention ahead of the certificate surrender deadline.
The question references Commission Implementing Regulation (EU) 2025/2547 on the calculation of embedded emissions, which importers have used to question the scope of the obligations. The MEP's intervention aims to protect the integrity of CBAM, which entered its definitive phase on 1 January 2026, by closing any potential loophole that could allow importers to avoid paying the full economic liability for embedded carbon emissions.
The question signals a push for strict enforcement of CBAM rules to prevent circumvention and ensure that the mechanism's carbon price applies uniformly to all imports from the start of the definitive phase. Solís Pérez seeks to uphold the environmental and competitive objectives of CBAM by eliminating ambiguity over transitional arrangements.
The Commission is required to respond within approximately six weeks. Its answer will clarify the legal interpretation of CBAM obligations and may signal whether further enforcement measures are planned to address the surge in high-carbon imports.