CBAM Definitive Phase 2026 Malaysian Manufacturers Exporting to EU Must Prepare Now

Takeaways

  • CBAM definitive phase began 1 January 2026, mandating emissions declarations and certificate surrenders by EU importers for Malaysian exports.
  • Shift from transitional reporting-only to verified annual reports, financial costs, and penalties up to €100/tCO₂e.
  • Producers must supply verified installation emissions data, update contracts, and decarbonise to support compliance.

The Carbon Border Adjustment Mechanism (CBAM) of the European Union (EU) has entered its definitive phase on 1 January 2026, bringing significant implications for Malaysian manufacturers exporting carbon-intensive goods such as iron and steel, cement, aluminium, fertilisers, electricity, and hydrogen to the EU.

Whether these exports occur directly to EU clients or indirectly through traders or representatives, Malaysian producers must now prioritise the provision of accurate, verified emissions data to maintain smooth supply chains and avoid costly disruptions. This article outlines the key requirements, changes, responsibilities, and practical steps tailored for Malaysian businesses navigating this new regulatory landscape.

Table of Contents

What You Need to Know About CBAM Starting 2026

The Carbon Border Adjustment Mechanism (CBAM) is a policy designed to place a carbon price on imports into the EU, ensuring that non-EU producers face equivalent costs to those under the EU Emissions Trading System (EU ETS). This levels the playing field by preventing carbon leakage, where production shifts to countries with laxer climate regulations. As of 2026, CBAM applies to six initial sectors: iron and steel, cement, aluminium, fertilisers, electricity, and hydrogen, with potential expansions to downstream products in future years.

For Malaysian manufacturers, this means embedded greenhouse gas emissions in exported goods must be calculated, reported, and financially accounted for upon EU entry. EU importers (or their authorised declarants) submit annual declarations by 31 May each year, covering direct (Scope 1) and, where relevant, indirect (Scope 2) emissions from production installations. These declarations require third-party verification, and importers must surrender CBAM certificates equivalent to the emissions value, minus any carbon price already paid in the country of origin (such as Malaysia) and adjusted for EU free allocations.

CBAM certificates are purchased through the EU’s CBAM Registry at prices aligned with EU ETS auction averages, currently around €80-90 per tonne of carbon dioxide equivalent (tCO₂e). Non-compliance triggers penalties, including import bans or fines up to €100 per tCO₂e. Malaysian exporters should note that even indirect shipments via traders place data provision obligations upstream, as EU buyers demand verifiable records to meet their liabilities. Early preparation is essential, given the phase-out of transitional flexibilities.

What Has Changed

The shift from the transitional to the definitive phase marks a pivotal change for CBAM compliance. Below is a comparison table highlighting key differences:

Aspect

Transitional Phase (Oct 2023–Dec 2025) ​

Definitive Phase (From Jan 2026) 

Reporting Frequency

Quarterly reports only

Annual declarations by 31 May, with quarterly certificate surrenders

Financial Obligations

None. Reporting for methodology testing

Purchase and surrender CBAM certificates matching embedded emissions

Verification

Self-certification or voluntary third-party

Mandatory independent third-party verification by accredited bodies

Emissions Coverage

Direct (Scope 1) and indirect (Scope 2), with flexibility

Direct (Scope 1) and indirect (Scope 2) where applicable; stricter EU methodologies

Free Allocations Adjustment

Not applicable

97.5% deduction in 2026, phasing linearly to 0% by 2034

Penalties

Minimal, focused on education

Up to €100/tCO₂e, import bans, default high-emission values applied

Registry Use

Limited to reporting

Full integration for declarations, certificate trading, and customs

This table underscores the move from a preparatory, no-cost regime to one with enforceable financial and verification rigours. Implementing acts adopted by the European Commission in late 2025 have codified these rules, including detailed emissions calculation methodologies and verifier accreditation standards.

Responsibilities of Importers, Customs Representatives, and Installation Operators

1. EU Importers and Customs Representatives

These entities, often EU-based traders or clients acting as authorised CBAM declarants, hold primary legal responsibility. They must secure authorisation from their EU member state’s competent authority (applications accepted until 31 March 2026 with a grace period), register in the CBAM Registry, and file verified annual emissions declarations. Importers calculate embedded emissions using specific EU formulas, purchase certificates quarterly, and surrender them by specified deadlines. They integrate CBAM data with customs declarations and face full liability for inaccuracies, including penalties.

2. Non-EU Installation Operators

While there are no direct legal obligations on producers outside the EU, practical responsibilities are substantial to support importer compliance. Malaysian manufacturers must supply precise, installation-level data on production volumes, fuel/electricity use, precursors, and resulting emissions, formatted per European Commission templates and guidance documents. This data requires third-party verification under delegated acts, with quarterly updates during the transitional period informing annual reports. Contracts with EU partners should include data-sharing clauses; failure to provide reliable information risks default emissions values (up to 2-3x actuals), inflating costs and eroding competitiveness.

In essence, while importers bear the regulatory burden, Malaysian producers are the data gatekeepers. Robust monitoring plans, akin to those under ISO 14064 or local equivalents, will prove invaluable.​

Three Practical Steps to Comply with CBAM

Step 1: Assess and Calculate Your Emissions Baseline
  • Immediately map CBAM-relevant goods and installations, identifying precursors (e.g., clinker for cement, alumina for aluminium).
  • Adopt EU methodologies from Commission guidance to compute embedded emissions: direct from combustion/processes and indirect from purchased electricity.
  • Engage accredited verifiers early (lists forthcoming via national authorities) for gap analysis and mock audits.
  • Tools like the Commission’s Excel calculators can aid initial assessments, ensuring data trails for 2026 reports.
Step 2: Strengthen Contracts and Data Processes
  • Review and amend agreements with EU traders/clients to mandate timely, verified emissions data delivery in required formats.
  • Implement internal CBAM-compliant monitoring, including automated data collection for fuels, outputs, and electricity.
  • Train staff on reporting templates and conduct sensitivity analyses to model cost impacts under varying EU ETS prices.
  • This proactive stance positions your firm as a reliable partner.
Step 3: Strategise for Cost Mitigation and Decarbonisation
  • Monitor EU ETS auctions for certificate budgeting and explore Malaysian carbon pricing mechanisms for deductions.
  • Invest in efficiency upgrades e.g., electrifying processes or low-carbon fuels to lower inherent emissions and future liabilities.
  • Collaborate with consultants for customised training, verification support, and grant applications under Malaysian sustainability funds.
  • Regular scenario planning will safeguard exports amid the free allocation phase-out.​

By acting decisively, Malaysian manufacturers can transform CBAM from a compliance hurdle into a competitive edge, showcasing decarbonisation leadership to EU markets.

For personalised guidance, reach out to us here. Our sustainability practitioners are ready to hold your hand throughout this journey.

References

  1. European Commission. (2023, August 17). Commission adopts detailed reporting rules for the Carbon Border Adjustment Mechanism’s transitional phase. Directorate-General for Taxation and Customs Union. https://taxation-customs.ec.europa.eu/news/commission-adopts-detailed-reporting-rules-carbon-border-adjustment-mechanisms-transitional-phase-2023-08-17_en
  2. European Commission. (2025, December 20). Carbon Border Adjustment Mechanismhttps://taxation-customs.ec.europa.eu/carbon-border-adjustment-mechanism_en

  3. European Commission. (2023, November 21). CBAM guidance: EU importers [PDF]. https://taxation-customs.ec.europa.eu/system/files/2023-11/CBAM%20Guidance_EU%20231121%20for%20web_0.pdf

  4. European Commission. (2023, December). Guidance document on CBAM implementation for installation operators outside the EU [PDF]. https://taxation-customs.ec.europa.eu/system/files/2023-12/Guidance%20document%20on%20CBAM%20implementation%20for%20installation%20operators%20outside%20the%20EU.pdf

Author
Jia Xin Ng
Jia Xin Ng

ESG and Sustainability Consultant
+603 - 8081 9069

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