In December 2025, the European Commission presented a proposal for a Regulation (“Proposal”) to extend the scope of downstream goods subject to the EU’s Carbon Border Adjustment Mechanism (“CBAM”), and provide flexibility to the Commission to exempt specific products in order address adverse market impacts and to adopt anti-circumvention measures.    The Proposal would notably extend the scope of the CBAM requirements beyond the current limited set of categories of basic materials (aluminum, cement, electricity, fertilizers, hydrogen, iron and steel) to a defined group of steel and aluminum downstream products, including specific categories of vehicles and white goods.  If adopted, the new CBAM regime would require that importers of these additional downstream goods purchase and declare CBAM certificates as from January 1, 2028 (currently at a price of around EUR 70-80 per tonne of CO2e of embedded emissions in goods). 

The Proposal would also introduce other amendments to ensure the overall effectiveness of CBAM, such as, operational adjustments to CBAM declarations, extension of the use of default values, and increased integration of EEA and EFTA countries into CBAM.

Moreover, on December 22, 2025, the EU Official Journal also published several Commission implementing regulations intended to operationalize CBAM just before its definitive regime started to apply on January 1, 2026.  This implementing package followed the publication of a Regulation in October 2025 simplifying the CBAM rules, which introduced a de minimis exemption based on a single mass threshold of 50 tons. 

This blog post focuses on : (i) key downstream products that the Proposal would include in the CBAM regime, (ii) flexibilities that the Proposal would grant  to the Commission, and (iii) the process and usual timing of the legislative process that the Proposal must now follow.  Companies marketing downstream products that the Proposal would include within CBAM’s scope should proactively engage with relevant stakeholders within the next months

I. A Proposed Extension of the CBAM scope: Impacts for Transport, Construction and Metals, and White Goods Businesses

The Proposal mainly focuses on combined metal products.  If adopted, the Proposal would cover a large part of the downstream value chain of iron, steel, and aluminum, thereby imposing the CBAM certification mandate on imports of a variety of categories of machinery, equipment, vehicles and related products. 

For example, the Proposal would include within the scope of the CBAM requirements (see the full list in the Annex below):

  • Stranded wires, ropes, and cables, among others, and other cast articles of iron and steel.
  • Metal articles and fasteners, such as nails, tacks drawing pins, certain staples, among others.
  • Engines, machinery and white goods, such as compression-ignition internal combustion piston engines for the industrial assembly of certain vehicles and tractors, certain combined refrigerator-freezers, cooling towers, laundry and drying machines, among others.
  • Industrial, electrical and manufacturing equipment, such as several types of motors, generators, transformers, inductors, converters of metallurgy, molds and ladles, or casting, sawing, sorting, crushing, and many other industrial machines. 
  • Cables, conductors and electrical components, such as electric wires and cables, electric conductors, or winding wires for electrical purposes which contain steel or aluminum.
  • Vehicles and transport equipment, such as a wide variety of motor vehicles for both passengers and the transport of goods, related parts.
  • Medical instruments and appliances and furniture containing steel or aluminum, such as apparatuses for nerve stimulation, and general metal furniture, including prefabricated buildings.

The Commission’s Impact Assessment estimates that the proposed expansion of the CBAM’s scope would cover imports into the EU of approximately EUR 1 billion from the U.S., EUR 4 billion from China, EUR 2 billion from the United Kingdom, EUR 1 billion from Turkey, and EUR 2 billion from Japan.

II. Additional Discretion for the European Commission to Adopt Exemptions and Further Safeguards

In a significant expansion of the Commission’s power under CBAM, the Proposal would grant the Commission the authority to adopt delegated acts to temporarily remove categories of goods from the scope of CBAM.  The Commission would be empowered to adopt such delegated acts for goods whose inclusion under the CBAM “causes severe harm to the Union internal market due to serious and unforeseen circumstances related to the impact on the prices of goods.”  The Commission would be empowered to maintain the exemption “until those serious and unforeseeable circumstances have passed.”

For example, several EU Member States are calling for this provision – upon its approval – to be used to suspend the application of CBAM on specific categories of fertilizers due to high costs.  A Commission Q&A suggests that the Commission may apply the exemptions retroactively.  Taking the example of fertilizers, this would mean that a CBAM declarant purchasing CBAM certificates to import fertilizer products would recover the associated costs if the application of CBAM to these products is suspended later on.  The extent of this retroactive application, however, would have to comply with the principles of legal certainty and legitimate expectations.

The proposal would also empower the Commission to investigate and take action against complex circumventive practices consisting of artificially adjusting the supply chains of goods to benefit from lower default values.  It would also empower the Commission to adopt delegated acts to require additional evidence against any actor suspected of adopting abusive practices, where “sufficient evidence” substantiates such concerns.

III. The Ensuing Legislative Procedure and Potential Further Changes

The European Parliament and Council must now consider the Proposal for adoption through the ordinary legislative procedure, during which they may agree on the introduction of amendments. 

In the Parliament, the Committee on the Environment is expected to take the lead on the Proposal and to consider the pinions of the Committees on International Trade, Budgets and Industry.  The first deadline for the presentation of amendments in the Committee on Environment is likely to be in May.  In the Council, the proposal is likely to be discussed mainly under the Presidencies of Cyprus and Ireland (and potentially Lithuania).

Companies that could be affected by the expansion of the CBAM should consider proactively engaging with relevant stakeholders both among the EU institutions and the EU’s trading partners during the next few months.  

This blog was written with the support of Pol Revert Loosveldt.

Annex: List of Proposed Additions in CBAM’s Scope

CN CodeProduct
2601 12 00Agglomerated iron ores and concentrates, other than roasted iron pyrites
7312 10Stranded wire, ropes and cables, of iron or steel.
7314 39 00Other grill, netting and fencing, of iron or steel wire, welded at the intersection
7320 20 89Other helical springs, of iron or steel
7320 90 90Other springs and leaves for springs, of iron or steel
7323 94 00Table, kitchen or other household articles, and parts thereof, of iron other than cast iron or steel, enamelled
7323 99 00Other table, kitchen or other household articles, and parts thereof
7325Other cast articles of iron or steel
7314 31 00Other grill, netting and fencing, of iron or steel wire, welded at the intersection, plated or coated with zinc
7314 41 00Grill, netting and fencing, of iron or steel wire, not welded at the intersection, plated or coated with zinc
7314 49 00Grill, netting and fencing, of iron or steel wire, not welded at the intersection (excl. plated or coated with zinc or coated with plastics)
7317 00Nails, tacks, drawing pins, corrugated nails, staples and similar articles of iron or steel
ex-7415 10 00Nails, tacks, drawing pins, staples and similar articles, of copper or of iron or steel with heads of copper
ex-8302 42 00Other base metal mountings and fittings suitable for furniture
ex-8302 49 00Other base metal mountings, fittings and similar articles
ex-8309 90 90Other stoppers, caps and lids of base metal
8408 20 10Compression-ignition internal combustion piston engine for the industrial assembly of: pedestrian-controlled tractors of subheading 8701 10, motor vehicles of heading 8703, motor vehicles of heading 8704 with engines of a cylinder capacity of less than 2.500 cm³ and motor vehicles of heading 8705
8408 20 51Diesel engine for vehicles of chapter 87, ≤ 50 kW
8408 20 55Diesel engine for vehicles of chapter 87, > 50 kW ≤ 100 kW
8408 20 57Diesel engine for vehicles of chapter 87, > 100 kW ≤ 200 kW
8408 20 99Diesel engine for vehicles of chapter 87, > 200 kW
8408 90 65Diesel engine, new, > 200 kW ≤ 300 kW
8408 90 67Diesel engine, new, > 300 kW ≤ 500 kW
8413 30Fuel, lubricating or cooling medium pumps for internal combustion piston engine
8413 70 35Other centrifugal pumps, discharge outlet ≤ 15 mm
8416 10Furnace burners for liquid fuel
8416 20Other furnace burners
ex-8416 90 00Parts of furnace burners and similar appliances
8418 10Combined refrigerator-freezers and similar plant for direct cooling
ex-8418 99 90Parts of refrigerating or freezing equipment and heat pumps
8419 8910 Cooling towers and similar plant
8419 89 98 Other machinery, plant and equipment
ex-8419 90 85 Parts of machinery, plant or laboratory equipment containing steel or aluminium
8420 91 Cylinders for calendering or other rolling machines
ex-8421 23 00 Oil or petrol-filters for internal combustion engines containing steel or aluminium
8424 30 Steam or sand blasting machines and similar jet projecting machines
ex-8424 82 10 Agricultural or horticultural watering appliances containing steel or aluminium
ex-8424 89 Other mechanical appliances for projecting, dispersing or spraying liquids or powders
ex-8424 90 Parts of mechanical spraying and projecting appliances
8425 31 00 Winches and capstans powered by electric motor
8425 39 00 Other winches and capstans
8425 42 00 Hydraulic jacks and hoists for raising vehicles
8426 19 00 Other overhead travelling cranes and mobile lifting frames
8426 99 00 Ships’ derricks; cranes; mobile lifting frames
8427 90 00 Other works trucks fitted with lifting or handling equipment, not self-propelled
8428 20Pneumatic elevators and conveyors
8428 33 00Continuous-action elevators and conveyors, belt type
8428 39 90Other continuous-action elevators and conveyors
8428 70 00Industrial robots
8428 90Other lifting, handling, loading or unloading machinery
8430 61 00Tamping or compacting machinery, not self-propelled
8430 69 00Other non-self-propelled machinery
ex-8431 10 00Parts of machinery of heading 8425
ex-8431 20 00Parts of machinery of heading 8427
ex-8431 31 00Parts of lifts, skip hoists or escalators
ex-8431 39 00Other parts of machinery of heading 8428
8431 49Other parts of machinery of heading 8426, 8429 or 8430
8432 80 00Other agricultural or forestry machinery for soil preparation
8432 90 00Parts of agricultural or forestry machinery
8450 11Fully-automatic household washing machines
8450 12 00Washing machines with built-in centrifugal drier
8450 19 00Other household washing machines ≤ 10 kg
8451 21 00Drying machines ≤ 10 kg
8454 10 00Converters used in metallurgy
8454 20 00Ingot moulds and ladles
8454 30 00Casting machines used in metallurgy
8464 10 00Sawing machines
8464 90 00Other machine tools for working mineral materials or glass
8474 10 00Sorting, screening, separating or washing machines for mineral substances
8474 20 00Crushing or grinding machines for mineral substances
8474 39 00Mixing or kneading machines for mineral substances
8479 10 00Machinery for public works or building
ex-8480 50 00Moulds for glass
8501 32 00DC motors and generators > 750 W ≤ 75 kW
8501 53 81AC motors, multi-phase, > 75 kW ≤ 375 kW
8504 31 80Transformers ≤ 1 kVA
8504 33 00Transformers > 16 kVA ≤ 500 kVA
ex-8504 50 00Inductors
8515 39 90Other machines and apparatus for arc welding of metals
ex-8544 11 10Copper winding wire, lacquered or enamelled
ex-8544 11 90Copper winding wire, insulated
ex-8544 19 00Winding wire of other materials
ex-8544 49 20Insulated conductors ≤ 80 V for telecommunications
ex-8544 49 91Electric wire and cables ≤ 1,000 V
ex-8544 49 93Other insulated electric conductors ≤ 80 V
ex-8544 49 95Insulated electric conductors > 80 V ≤ 1,000 V
ex-8544 49 99Other insulated electric conductors
ex-8544 60 10Electric conductors > 1,000 V with copper conductors
ex-8544 60 90Electric conductors > 1,000 V (other)
ex-8704 21Motor vehicles ≤ 5 tonnes
ex-8704 22Motor vehicles > 5 tonnes ≤ 20 tonnes
ex-8704 23 10Motor vehicles > 20 tonnes
ex-8704 31 00Motor vehicles with spark-ignition engine ≤ 5 tonnes
ex-8704 32 10Motor vehicles with spark-ignition engine > 5 tonnes
ex-8704 41 00Hybrid diesel-electric motor vehicles ≤ 5 tonnes
ex-8704 42 00Hybrid diesel-electric motor vehicles > 5 ≤ 20 tonnes
ex-8704 43 00Hybrid diesel-electric motor vehicles > 20 tonnes
8704 60 00Electric motor vehicles for transport of goods
8704 90 00Other motor vehicles for transport of goods
8706 00 00Chassis fitted with engines
8707 10 00Bodies for vehicles of heading 8703
8708 40 00Gear boxes and parts thereof
8708 70 00Road wheels and parts
8708 80 00Suspension systems and parts
ex-8708 91 00Radiators and parts thereof
8716 80 00Other vehicles pushed or drawn by hand
8716 90 90Other parts of trailers and semi-trailers
9018 32 10Tubular metal needles
ex-9018 9 075Apparatus for nerve stimulation containing steel or aluminium
ex-9018 90 84Other medical instruments and appliances containing steel or aluminium
ex-9027 10 90Other gas or smoke analysis apparatus containing steel or aluminium
9401 79 00Seats with metal frames
9403 10 00Metal office furniture
ex-9403 20 00Other metal furniture containing steel or aluminium
ex-9406 90 90Prefabricated buildings containing steel or aluminium

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Photo of Cándido García Molyneux Cándido García Molyneux

Cándido García Molyneux is a Spanish of counsel in the Brussels office of Covington & Burling.  His practice focuses on EU environmental law, renewable energies, and international trade law.  He advises clients on legal issues concerning environmental product regulation, emissions trading, renewable energies…

Cándido García Molyneux is a Spanish of counsel in the Brussels office of Covington & Burling.  His practice focuses on EU environmental law, renewable energies, and international trade law.  He advises clients on legal issues concerning environmental product regulation, emissions trading, renewable energies, energy efficiency, shale gas, chemical law, product safety, waste management, and international trade law and non-tariff trade barriers.  Mr. García Molyneux was very much involved in the legislative process that led to the revision and amendment of the ETS Directive and Renewable Energies Directive.  He is an external professor of environmental law and policy at the College of Europe.