The Carbon Border Adjustment Mechanism (Calculation of CBAM Rate and Determination of Carbon Price Relief) Regulations 2026
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Change 1
6 Qualifying carbon pricing schemes
(1) A qualifying carbon pricing scheme is a carbon pricing scheme— (a) which is administered by or on behalf of— (i) a city, (ii) a province, state, region or a pair or group of provinces, states or regions, howsoever composed, (iii) a national government, or (iv) a supra-national organisation, and in which the use of any revenue collected by the scheme is determined by or on behalf of such city, province, state, region, pair or group of provinces, states or regions, government or supra-national organisation, (b) which requires that either— (i) all installations that manufacture or process a CBAM good, or (ii) all installations that manufacture or process a CBAM good and produce more than a specified level of relevant emissions, participate in the scheme as a matter of law, (c) which imposes a cost on relevant emissions produced by participants of the scheme in some or all instances, either directly or indirectly (an “indirect carbon pricing scheme”), though the rules of the scheme may permit participants to fulfil their obligations by means other than payment of that cost, and (d) the rules, scope and headline carbon price of which are made publicly available by the jurisdiction or entity administering the scheme. (2) For the purposes of paragraph (1)(c)— (a) a cost on relevant emissions is imposed directly by charging a price per tonne of carbon dioxide equivalent emitted by an installation during a manufacturing or processing process; (b) a cost on relevant emissions is imposed indirectly by charging a price for the fossil fuels used at an installation during a manufacturing or processing process which is then multiplied by the applicable emissions factor taken directly from or calculated using the methodology of any of the sources identified in a notice published by the Treasury. (3) The Treasury may publish a notice specifying the time period within which the information required by paragraph 1(d) must be published by the jurisdiction or entity administering the qualifying carbon pricing scheme.
6 Qualifying carbon pricing schemes
(1) A qualifying carbon pricing scheme is a carbon pricing scheme— (a) which is administered by or on behalf of— (i) a city, (ii) a province, state, region or a pair or group of provinces, states or regions, howsoever composed, (iii) a national government, or (iv) a supra-national organisation, and in which the use of any revenue collected by the scheme is determined by or on behalf of such city, province, state, region, pair or group of provinces, states or regions, government or supra-national organisation, (b) which requires that either— (i) all installations that manufacture or process a CBAM good, or (ii) all installations that manufacture or process a CBAM good and produce more than a specified level of relevant emissions, participate in the scheme as a matter of law, (c) which imposes a cost on relevant emissions produced by participants of the scheme in some or all instances, either directly or indirectly (an “indirect carbon pricing scheme”), though the rules of the scheme may permit participants to fulfil their obligations by means other than payment of that cost, and (d) the rules, scope and headline carbon price of which are made publicly available by the jurisdiction or entity administering the scheme. (2) For the purposes of paragraph (1)(c)— (a) a cost on relevant emissions is imposed directly by charging a price per tonne of carbon dioxide equivalent emitted by an installation during a manufacturing or processing process; (b) a cost on relevant emissions is imposed indirectly by charging a price for the fossil fuels used at an installation during a manufacturing or processing process which is then multiplied by the applicable emissions factor taken directly from or calculated using the methodology of any of the sources identified in a notice published by the Treasury. (3) The Treasury may publish a notice specifying the time period within which the information required by paragraph 1(d) must be published by the jurisdiction or entity administering the qualifying carbon pricing scheme.
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