The Commission's threat of climate-related trade sanctions aimed at putting EU and third country producers on a level footing appears mainly targeted at convincing governments in Washington and Beijing to adhere to a global deal on climate change. Indeed, the EU executive has confirmed that it will not decide on the introduction of any such measures before 2011.
However, the mere fact that the EU is considering such action has already caused outrage among its trade partners.
The United States has warned it would "vigorously" resist any move to introduce a tax on American products based on its position in climate change negotiations. Last week, US Trade Representative Susan Schwab accused the EU of using the climate as an excuse for protectionism.
Legal experts remain divided on whether the EU's proposed measures would be compatible with international trade regulations, as the WTO has no clear provisions on the subject. On the one hand, border adjustment measures could be considered to contravene WTO rules prohibiting discrimination between countries or between "like products". On the other, WTO law also states that countries may deviate from these rules if it is for the protection of animal, plant or human health or for the conservation of natural resources.




