On 18 April, the European Parliament adopted the CBAM, an unprecedented carbon border adjustment charge, which takes into account the greenhouse gas emissions embedded in imported goods of emissions-intensive sectors with a high risk of so-called “carbon leakage”. Carbon leakage takes place when, for reasons of costs related to climate policies in the EU, businesses transfer their production plants to other countries outside the bloc with less costly climate policies (see our briefing from July 2021). The initiative is part of the 2030 Climate and Energy “Fit for 55” legislative package under the European Green Deal, an ambitious plan to reduce greenhouse gas emissions by at least 55% until 2030 compared to the levels of 1990.

On 19 April, the European Parliament approved the Regulation on deforestation-free products, which prohibits the placement of a number of agricultural and livestock products originating from deforested or degraded forest areas on the EU market (text will be available here). The Regulation aims to block imports associated with deforestation, particularly cattle (whether live, meat or leather), cocoa, coffee, palm oil, soy, timber and rubber (read our briefing from November 2021).

Together with the Berlin Chamber of Architects, BLOMSTEIN is promoting a more competition-friendly public procurement of architectural and planning services in Berlin.

In its ruling dated March 9, 2023, in the case C-571/21, the ECJ clarified that electricity manufacturers are entitled to exemption from electricity tax for a large number of operations that are upstream and downstream of the actual generation of electricity, in accordance with an interpretation of national law that is consistent with EU law. The ECJ thus sets limits to the hitherto prevailing view in customs administration and case law.

After a reportedly heated debate among EU leaders, the EU has adopted its long announced tenth package of sanctions at the anniversary of Russia’s aggression against Ukraine. The latest package introduces yet another set of comprehensive sanctions, including additional financial sanctions on individuals, companies, and three additional Russian banks, the expansion of export and import bans, measure aimed at strengthening enforcement and preventing circumvention, as well as further measures. No additional measures were taken with respect to Belarus. Here are the details:

BLOMSTEIN is a proud sponsor of this year’s German national rounds of the Philip C. Jessup International Law Moot Court Competition.

At the beginning of February, the European Commission (Commission) presented its Green Deal Industrial Plan, a package of measures designed to help the EU industry to make progress in the transition to climate neutrality and strengthen its position in global competition.

The 12th edition of Getting the Deal Through: Foreign Investment Review has just been published. Roland Stein and Leonard von Rummel once again contributed the chapter on the German foreign investment review regime, as in the previous years’ editions.

On 6 February, the European Commission (Commission) published a draft Implementing Regulation on detailed arrangements for the conduct of proceedings pursuant to the Foreign Subsidies Regulation (FSR) including relevant notification forms. Interested parties have the possibility to provide the Commission with feedback on the draft regulation until 6 March 2023 via an online portal.

After 6 years of a loud silence, Germany has re-established its relationship with Brazil. Chancellor Olaf Scholz paid an official visit to Brazil on 30 January 2023 with a bag of 200 million euros in investments on environmental / sustainability initiatives in Brazil, and a clear interest on fostering sustainable agriculture, the production of green hydrogen and to advance trade agreement between the Southern Common Market (Mercosur) and EU.