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India Retains Third-Party Rights in Russia-EU CBAM WTO Dispute

India Retains Third-Party Rights in Russia-EU CBAM WTO Dispute
India reserves rights to join Russia’s CBAM dispute with EU as third party at WTO · thehindubusinessline.com

Russia has challenged a European Union climate-related trade rule at the World Trade Organization.

The rule is called the Carbon Border Adjustment Mechanism, or CBAM.

It requires importers of some carbon-intensive goods to account for emissions linked to those products.

India has reserved the right to join the case as a third party.

This means India can share its views without leading the dispute.

Indian exporters, especially steel and aluminium producers, are concerned about extra costs and paperwork.

Russia says CBAM creates unfair trade barriers and that some free emissions allowances help European companies.

The European Union says CBAM and its emissions-trading rules follow World Trade Organization rules.

A WTO panel will study both sides’ arguments.

Key facts

Dispute forum
World Trade Organization Dispute Settlement Body
Main complainant
Russia
Respondent
European Union
Challenged measure
European Union Carbon Border Adjustment Mechanism package
India’s status
Third party, not a principal party
Affected Indian exports
Carbon-intensive products including steel and aluminium
Additional issue
Allocation of emissions allowances under the European Union Emissions Trading System
Third-party participants
18 WTO members, including India, the United Kingdom, the United States, China and Brazil

Quotes

India’s representative

India’s representative at the WTO council for trade in goods

“This will allow India to voice its views on the CBAM levies, which is a big concern to the Indian industry, as third parties receive the primary parties’ first written submissions to the panel and are allowed to present their views orally to the panel during the first substantive meeting”
thehindubusinessline.com
“Well-established principles and rules of both international trade law and international environment law should have been followed in designing the CBAM, including not ignoring the principle of `common but differentiated responsibilities and respective capabilities’”
thehindubusinessline.com

WTO Dispute Settlement Body

The WTO body overseeing the dispute settlement process

“Other delegations wishing to reserve their third-party rights have to do so within the next 10 days after this meeting through a written communication”
thehindubusinessline.com

Sources

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