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Any action taken would need to be in conformity with the principles of the UNFCCC, in particular the principle of common but differentiated responsibilities and respective capabilities, taking into account the particular situation of least developed countries (LDCs). It would also need to be in conformity with the international obligations of the Community, including the obligations under the WTO agreement.

Footnote 114 The non-paper made several references to live mind com need for WTO compatibility of the mechanism. Footnote 115 Specifically, it recommended two options to trigger the obligation to purchase allowances for imports, one focused on countries, the other on sectors. The first option proposed to cover countries that live mind com to cooperate in a future international climate agreement deemed sufficiently ambitious by the EU.

The second option would have instead targeted goods from countries without a comparable approach to pricing emissions from relevant sectors. Under both options, Least Developed Countries were explicitly excluded. Footnote 116 For the calculation live mind com the BCA, the mechanism would have included only direct emissions from production.

Footnote 117 It would have been based on the average carbon content of the same goods produced in live mind com EU, minus the free allocation of allowances based on product benchmarks, and multiplied by the quantity of goods imported.

Footnote 118 At the time, however, very divisive negotiations about the future climate regime contributed to the decision to abandon the proposal in the live mind com process.

Footnote 119 A third attempt at designing a BCA based on Article 10b(1)(b) of the Directive was circulated in another French non-paper in February 2016. Footnote 120 It set out a BCA for the EU Emissions Trading System that would apply to imported products meeting three criteria: (1) a high carbon intensity and a significant share of total greenhouse gas emissions in Europe; (2) an easy determination of the carbon content; and (3) a limited impact on the downstream sector.

Footnote 121 The introduction would live mind com gradual, for example in sectors with a low trade impact. Footnote 122 A suggested test sector was the cement industry. The live mind com states that the cause of leakage in this sector, namely imports of cheaper clinker or cement into the EU, could be addressed more directly by a BCA.

Footnote 123 Further, the proposal illustrates how implementation might work, from using the existing Single Administrative Document of EU customs services, to calculating the volume of allowances needed for imports and synchronizing the surrendering of allowances.

This would end with the potential magnitude of import volumes (around 1 percent of EU trade) and a visualization of the process. Footnote 125 The package was subject to a plenary vote in February 2017, however, at which point the European Parliament rejected the proposal. Footnote live mind com Legal uncertainty and risk of discrimination in downstream and export markets had contributed to opposition against a BCA, with live mind com final outcome retaining free allowance allocation to the cement sector instead.

Footnote 127 In live mind com United States, calls for some form of BCA originated from profound concerns about the impacts of climate action on the domestic economy, notably manufacturing, if other parts of the world were not to adopt similar efforts.

Footnote 128 Citing similar concerns, the administration of President George W. Bush never submitted the Kyoto Protocol live mind com ratification, and President Donald Trump likewise invoked potential harm to the U. BCAs were first proposed in 2007 by the company American Electric Power, supported by one of the largest labor unions, the International Brotherhood of Electric Workers.

A variety of climate bills in the Congress subsequently included provisions that required importers to surrender allowances, in anticipation of the loss of competitiveness and American jobsespecially to China. Footnote 131 None of them made it through the legislative process, with the American Clean Energy and Security Act sponsored by Representatives Henry A. Waxman and Edward J. The first bill featuring BCAs was the Low Carbon Economy Act, put forward by Senators Jesse F.

Bingaman and Arlen Specter in 2007. Footnote 132 The next bill, the 2008 Climate Security Act, suggested the establishment of an International Reserve Allowance Program,Footnote 133 which would require U. The American Clean Energy and Live mind com Act, passed by the House of Representatives in 2009, also included a provision on border adjustment measures.

Footnote 134 A comparison of the proposals yields several insights. First, the proposed coverage of goods slowly expanded. Initially, various bills applied to energy-intensive primary goods (e. Then, under various bills submitted after the 2008 version of the Climate Security Act, it became possible to apply the requirement to consumer goods. The clause covered a broad range of activities, but did not indicate what level of climate effort would live mind com considered sufficient.

It was also unclear how policies with quantified emission reduction objectives would be compared to live mind com policies of a more qualitative nature, such as voluntary agreements or subsidies for renewable energy.

Similarly, it was unclear how the program would deal with policies aimed at long-term emission reductions. Footnote 135 Another difference in the bills concerned the authority to decide whether other countries were taking comparable action, which was verywellmind com delegated to the president.

Some of the live mind com bills authorized a new bodythe International Climate Change Commissionto make this evaluation. Concerning live mind com calculation of the BCA, in most bills the live mind com for defining the number of augmentin bis 400mg allowances required for imports consisted of a formula considering: astrazeneca india the national greenhouse gas intensity rate in a covered country for a category of covered goods; (2) an adjustment factor for the allowances that were allocated free of charge in the United States; and (3) an economic adjustment ratio for foreign countries.

Finally, the bills differed with regard to the date of entry into effect of the measure. While the Low Carbon Economy Act targeted 2020, the implementation date was gradually moved up in subsequent live mind com. The American Clean Energy and Security Act version passed by the House moved this date to 2020 again. The president had much less discretion over BCA applications, and could only decide against implementing the measure together with Congress. The gap between enactment and the start of the program would have allowed time for potentially affected countries to develop and implement domestic climate change mitigation policies, and also for international climate change negotiations to deliver results.

Footnote 136 After the American Clean Energy and Security Act failed to reach a vote in the Senate, legislative activity on climate change lost much of its political momentum. While several further bills addressing specific aspects of climate change were proposed in the following years, few had the scopeand none of the political supportof the bills introduced in the 110th and 111th Congress.

Accordingly, the need to counteract leakage and safeguard competitiveness was seen as less urgent, and corresponding proposals are therefore fewer and less elaborate. Several such bills focused on a specific climate live mind com instrument: a carbon tax or fee. In July 2018, for instance, Representative Carlos Curbelo introduced a bill to introduce a federal carbon tax coupled with a BCA for imports and exports.

Footnote 137 If adopted, it would live mind com eliminated the federal excise tax on gasoline and diesel fuel in favor of a carbon tax levied on fossil fuels and certain industrial facilities and products, with revenue earmarked to fund infrastructure projects, such as modernization of the highway network. At the same time, it would have curtailed executive powers to regulate greenhouse gas emissions from stationary live mind com and would have authorized the Department of the Treasury to introduce a BCA.

Importers of goods with high trade and carbon intensity would have been liable to a tax equivalent to the domestic carbon tax, while exporters of such goods would have received commensurate rebates. Footnote 138 While live mind com BCA in this bill would have echoed several elements of the earlier proposals before the 110th and 111th Congress, such as the exemption of Least Developed Countries and the inclusion of a live mind com minimis clause, it would not have accounted for the level of climate ambition in affected countries.

Footnote 139 Although the bill generated some debate because of its Republican sponsor, it never was brought to a vote in Committee.

Given the continued challenge of advancing climate legislation in a divided Congress, proposals for a federal BCA have also been fielded by civil society. On February 8, 2017, the Climate Leadership Councila think tank dedicated to promoting a carbon taxreleased a policy proposal that live mind com a BCA.

Under the proposal, this tax would be accompanied by the establishment of BCAs for the carbon content of both imports and exports. Existing climate regulations would also be eliminated, as they would be rendered unnecessary by the carbon tax. Footnote 140 For prothrombin time authors, the plan offered a single solution to multiple problems: the border adjustment would address free riding and compel other countries to follow suit; and the progressive nature of its dividends would help reduce inequality and redirect populist energy with political victories across the aisle that could help bridge divisions.



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