Activities of Tiemo WÖLKEN related to 2022/0394(COD)
Plenary speeches (1)
Union certification framework for carbon removals
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals
Amendments (83)
Amendment 100 #
Proposal for a regulation
Recital 2
Recital 2
(2) At a global scale, the latest report23 by the International Panel on Climate Change (IPCC) points towards a decreasing likelihood of limiting global warming to 1.5 °C unless rapid and deep cuts in global greenhouse gas (GHG) emissions occur throughout the forthcoming decades. The IPCC report also clearly states that, while ‘CDR cannot substitute for immediate and deep emission reductions’, ‘the deployment of carbon dioxide removal to counterbalance hard-to-abate residual emissions is unavoidable if net-zero carbon dioxide (CO2) or GHG emissions are to be achieved’. This will require the large-scale deployment of sustainable activities for capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrial and marinecoastal ecosystems, or products. Today and with current policies, the Union is not on track to deliver the required carbon removals: carbon removals in terrestrial ecosystemThe Union’s natural land sinks have been decreasinggraded in recent years, and no significant industrial carbon removals are currently taking place in the Union. __________________ 23 IPCC Working Group III (2022), Technical Summary. In: Climate Change 2022: Mitigation of Climate Change. Sixth Assessment Report (link).
Amendment 118 #
Proposal for a regulation
Recital 3
Recital 3
(3) The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals and sustainable land use activities, with the view to incentivise the uptake of high- quality carbon removals, in full respecsupport of the biodiversity and the zero-pollution objectives. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24 . The Union is also committed to generate net-negative emissions after 2050. An important instrument to enhance carbon removalssequestration in terrestrial ecosystems is Regulation (EU) 2018/841 of the European Parliament and of the Council25 , which is currently under review. The objective of the review is to sets out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocates respective targets to each Member State. __________________ 24 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 25 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 126 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union certification framework will support the development of carbon removal activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farmingsustainable land use activities, such certification framework should also encourage the uptake of carbon removal activities that generate co-benefits for biodiversity, soil health and resilience to climate change outcomes, therefore achieving the nature restoration targets set out in Union law on nature restoration. The Union certification framework will be instrumental in meeting the Union climate change mitigation objectives set in international agreements and in the Union legislation.
Amendment 130 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to support operators willing to make additional efforts to increase carbon removals in a sustainable way in addition to their efforts reaching deep emission reductions, the Union certification framework should take into account the different types of carbon removal and sustainable land use activities, their specificities and related environmental impacts, including impacts occurring in third countries due to the imports of biomass or indirect land use change.. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, sustainable land use activities and other elements of the Union certification framework.
Amendment 151 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals and land use activities should be eligible for certification under the Union certification framework. To this end, carbon removals should be quantified in an accurat conservative and robust way; and they should be generated only by carbon removal activities that generate a net carbon removal benefit, comply with the Do No Significant Harm Principle, laid down in Commission Delegated Regulation (EU) 2021/213925a , are additional, and aim to ensure long-term storage of carbon, and have a neutral impact or. Activities based on Land use and Biomass should have a co- benefit on sustainability objectives. Furthermore, carbon removals should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero- rated in accordance with Annex IV thereto. __________________ __________________ 25a Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives 26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 156 #
Proposal for a regulation
Recital 7
Recital 7
(7) A cCarbon removal activity should result in a net carbon removal benefit showing that it delivers a positive climate impact. The net carbon removal benefit should be computed following two steps. First, operators should quantify the amount of additional carbon removals that a carbon removal activity has generated in comparison to a baseline. A standardised baseline reflecting the standard performance of comparable activities in similar social, economic, environmental and technological circumstances and geographical locations should be preferred because it ensures objectivity, minimises compliance and other administrative costs, and positively recognises the action of first movers who have already engaged in carbon removal and sustainable land use activities. In the context of carbon farmingsustainable land use and biomass activities, the use of available digital technologies, including electronic databases and geographic information systems, remote sensing, artificial intelligence and machine learning, and of electronic maps should be promoted to decrease the costs of establishing baselines and of monitoring carbon removalthese activities. However, where it is not possible to set such a standardised baseline, a project-specific baseline based on the operator’s individual performance may be used. In order to reflect the social, economic, environmental and technological developments and to encourage ambition over time in line with the Paris Agreement, baselines should be periodically updatedregularly reviewed and periodically updated. Baselines should be established and updated conservatively, to ensure environmental integrity of removals.
Amendment 172 #
Proposal for a regulation
Recital 8
Recital 8
(8) The second step for quantifying the net carbon removal benefit should consist of subtracting any increase in greenhouse gas emissions related to the implementation of the carbon removal activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, fuechemicals, fuel, material or energy, or indirect emissions, such as those resulting from land use change, with consequent risks for food security due to displacement of agricultural production. Emissions and land use changes affected outside the Union (e.g. by importing biomass) must also be accounted for. A reduction in greenhouse gas emissions resulting from the implementation of the carbon removal activity should not be taken into account to quantify the net carbon removal benefit, but should be considered as a co-benefit towards the sustainability objective of climate change mitigation; by being reported on the certificates, decreases in greenhouse gas emissions (like the other sustainability co-benefits) can increase the value of the certified carbon removals.
Amendment 177 #
Proposal for a regulation
Recital 9
Recital 9
(9) A carbon removal activity delivers a net carbon removal benefit when the carbon removals above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the carbon removal activity. For instance, in the case of activities that deliver permanent carbon storage by injecting carbon underground, the amount of permanently stored carbon should outweigh the energy- related greenhouse gas emissions from the industrial process. In the case of carbon farmingactivities based on land use, the carbon captusequestered by an af forestationry activity or the carbon kept in the ground by a peatland re-wetting activity should outweigh the emissions from the machinery used to carry out the carbon removal activity or the indirect land use change emissions that can be caused by carbon leakage.
Amendment 185 #
Proposal for a regulation
Recital 10
Recital 10
(10) Carbon removals should be quantified in a relevant, accurate, completnservative, consistent and comparable manner. Uncertainties in the quantification should be duly reported and accounted in order to limit the risk of overestimating the quantity of carbon dioxide removed from the atmosphere. Carbon removals generated by carbon farmingLand use and biomass activities should be quantified with a high level of accuracy to assure the highest quality and minimise uncertainties. Moreover, in order to incentivise synergies between Union climate and biodiversity objectives, enhanced monitoring of land needs to be required, thereby helping to protect and enhance the resilience of nature-based carbon removalactivities throughout the Union. The satellite and on-site monitoring and reporting of emissions and removals need to closely reflect those approaches, and make the best use of advanced technologies available under Union programmes, such as Copernicus, making full use of already existing tools, and ensure consistency with the national greenhouse gas inventories.
Amendment 190 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union certification framework channels incentives toward carbon removals that go beyond the standard practice, carbon removal activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. Member States should be able to count certified permanent removals against a future dedicated target for carbon removals. Moreover, carbon removal activities should take place due to the incentive effect provided by the certification. Such effect is present when the incentive created by the potential revenues, resulting from the certification, changes the behaviour of operators in such a way that they engage in the additional carbon removal activity to achieve additional carbon removals.
Amendment 197 #
Proposal for a regulation
Recital 12
Recital 12
(12) A standardised baseline should reflect the statutory and market conditions in which the carbon removal activity takes place. If a carbon removal activity is imposed upon operators by the applicable law, or it does not need any incentives to take place, its performance will be reflected in the baseline. For this reason, a carbon removal activity that generates carbon removals in excess of such a baseline should be presumed to be additional. Hence, the use of a standardised baseline should simplify the demonstration of additionality for operators. Therefore, it should reduce the administrative burden of the certification process, which is particularly important in the case of small- scale land manageoperators.
Amendment 203 #
Proposal for a regulation
Recital 13
Recital 13
(13) Atmospheric and biogenic carbon that is captured and stored through a carbon removal activity risks being released back into the atmosphere (e.g. reversal) due to natural or anthropogenic causes. Therefore, operators should take all relevant preventive measures to mitigate those risks and duly monitor that carbon continues to be stored over the monitoring period laid down for the relevant carbon removal activityseveral centuries. The validity of the certified carbon removals should depend on the expected duration of the storage and the different risks of reversal associated with the given carbon removal activity. Activities that store carbon in geological formations provide enough certainties on the very long-term duration of several centuries for the stored carbon and can be considered as providing permanent storage of carbon. Carbon farmingActivities based on land use or carbon storage in products are more exposed to the risk of voluntary or involuntary release of carbon into the atmosphere. To account for this risk, the validity of the certified carbon removals generated by carbon farming and carbon storage in products should be subject to an expiry date matching with the end of the relevant monitoring period. Thereafter, the carbon should be assumed to be releasedse activities need an alternative approach and should not be able to generate removal units. While these activities should still be closely monitored and certified, the results should directly flow into the natmosphere, unless the economic operator proves the maintenance of the carbon storage through uninterrupted monitoring activitieional GHG inventories under the Paris Agreement, without creating a certified removal unit as is the case for permanent removals.
Amendment 210 #
Proposal for a regulation
Recital 14
Recital 14
(14) In addition to measures taken to minimise the risk of carbon release into the atmosphere during the monitoring period, appropriate liability mechanisms should be introduced to address cases of reversal. Such mechanisms could include e.g. discounting of carbon removal units, collective buffers or accounts of carbon removal units, and up-front insurance mechanisms. Since liability mechanisms in respect of geological storage and CO2 leakage, and relevant corrective measures have already been laid down by Directive 2003/87/EC and Directive 2009/31/EC of the European Parliament and of the Council27 , those liability mechanisms and corrective measures should apply to avoid double regulation. In the case of land- based activities, any ongoing incentive schemes must be stopped when the activity is no longer being implemented. In this case, a reversal should be assumed, which must be recorded accordingly in the national GHG inventory. __________________ 27 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 220 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removal and activities have a strong potential tobased on land use can deliver win-win solutions for sustainability, even if trade- offs cannot be excluded. Therefore, it is appropriate to establish minimum sustainability requirements to ensure that carbon removal activities at worst have a neutral impact orand that activities based on land use generate co-benefits for the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection of water and marine resources, the transition to a circular economy, and pollution prevention and control. The sustainability requirements should also apply to impacts in third countries, for e.g. through imported biomass and direct and indirect land use change. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, as well as the Do Not Significant Harm principle in general, and specifically building on the technical screening criteria for Do Not Significant Harm, particularly concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928 , and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council29 . Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification. __________________ 28 Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1). 29 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 228 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practicSustainable land use activities that remove CO2 from the atmosphere contribute to the climate neutrality objective and should be rewarded, either via the Common Agricultural Policy (CAP) or other public or private initiatives. Specifically, this Regulation should take into account farming practices as referenced in the Communication on Sustainable Carbon Cycles30 . __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800 via voluntary contribution models.
Amendment 239 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements. To this end, their reporting should comply with the certification methodologies tailored to the different carbon removal activities, developed by the Commission. Certification methodologies should, as much as possible, incentivise the generation of co-benefits for biodiversity going beyond the minimum sustainability requirements and make them obligatory for sustainable land use activities. These additional co-benefits will give more economic value to the certified carbon removals and will result in higher revenues for the operators. In the light of these considerations, it is appropriate for the Commission to prioritise the development of tailored certification methodologies on carbon farmingsustainable land use activities that provide significant co-benefits for biodiversity.
Amendment 247 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders in the case of activities based on land use. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities. Those methodologies should be developed in close consultation with the Expert Group on Carbon Removals and all other interested actors. They need to be based on the best available scientific evidence, build upon existing public and private schemes and methodologies, where possible, for carbon removal certification, and take into account any relevant standard and rules adopted at national and Union level.
Amendment 256 #
Proposal for a regulation
Recital 20
Recital 20
(20) Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of the carbon removalsecosystem restoration is key for cost- efficient implementation of mitigation actions and for securing their engagement in restorative practices which increase resilience of the land used to climate change outcomes and also sequester carbon farming. This is particularly relevant for Union small farmers or forest holders that often lack the know-how and the expertise required to implement carbon removalsuch activities and to comply with the required quality criteria and related certification methodologies. Therefore, it is appropriate to require that producer organisations facilitate the provision of relevant advisory services through technical advice to their members. The Common Agricultural Policy and national State aid can support financially the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters.
Amendment 263 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate that carbon removal certificates underpin different end-uses, such as the compilation of national and corporate greenhouse gas inventories, including with regard to Regulation (EU) 2018/841 of the European ParliamentCarbon removals and land based activities must remain supplementary to the urgently needed emissions reductions by all actors in the economy, rather than replace them. Removals and land use certificates created under this framework should therefore not be eligible for offsetting emissions, neither through compliance nor voluntary mechanisms, including under the Effort Sharing Regulation, the EU Emissions Trading System, voluntary carbon markets and the mechanisms currently being implemented under Articles 6.2 and 6.4 of the Council31 , the proof of climate-related and other environmental corporate claims (including on biodiversity), or the exchange of verified carbon removal units through voluntary carbon offsetting marketParis Agreement. Funding must rather ensure that these activities remain economically separate from the need for immediate and deep emission reductions. Removals and sustainable land use activities should therefore be incentivised by ETS revenues, CAP funding and other public funds, as well as private funds on a contribution basis. To facilitate these financing streams, the Commission should consider establishing a dedicated Union target for carbon removals. As the removals should complement the Union efforts to reach its own climate targets, removal units and land use certificates should not be transferrable outside the Union and should not be exchangeable across the two categories. To this end, the certificates should contain accurate and transparent information on the carbon removal activity, including the total removals and net carbon removal benefit that comply with the quality criteria set out in this Regulation. The Commission should be also empowered to adopt delegated acts to further specify or amend Annex II which lists the minimum information to be contained in the certificates. __________________ 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 278 #
Proposal for a regulation
Recital 23
Recital 23
(23) Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified carbon removal units, notably by avoiding double counting and by providing an opportunity for scrutiny by national stakeholders prior to final certification of a removal. To this end, the Commission should be empowered to adopt implementing acts, including adequate standards of reliability, transparency, accounting and of independent auditing to be applied by certification schemes, so as to ensure the necessary legal certainty as regards the rules applicable to operators and to certification schemes. To ensure a cost- effective certification process, those technical harmonised rules on certification should also have the objective of reducing unnecessary administrative burden for operators, or group of operators, in particular for Small and Medium Enterprises (SMEs), including small farmers and foresters.
Amendment 285 #
Proposal for a regulation
Recital 24
Recital 24
(24) In order to ensure a reliable and harmonised control of certification, the Commission should be able to adopt decisions recognising certification schemes that meet the requirements set out in this Regulation, including with respect to technical competence, reliability, transparency and independent auditing. Such recognition decisions should be publicly available and limited in time. To this end, the Commission should be empowered to adopt implementing acts on the content and processes of Union recognition of certification schemes.
Amendment 290 #
Proposal for a regulation
Recital 26
Recital 26
(26) Certification schemesBy [insert the date 2 years after the date of entry into force of this Regulation], the Commission should establish and maintain interoperablea public Union registriesy in order to ensure transparency and full traceability of carbon removal certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same carbon removal activity because the activity has been registered under two different certification schemes or has been registered twice under the same scheme. Fraud may also occur when the same certificate is used several times to make the same claim based on a carbon removal activity or a carbon removal unit. The registries should storeCertification schemes should provide to the Commission all information required under this regulation. Such information includes the documents resulting from the certification process of carbon removals and sustainable land use activities, including summaries of certification audits and re-certification audit reports, the certificates and updated certificates, and make them publicly available in electronic form. The registries should also record the certified carbon removal units that meet the Union quality criteria and the information included therein, the current status of a certified carbon removal unit, for example whether active, retired/in use, or expired, a log of transactions and, if applicable, the current holder and purpose for which a certified carbon removal unit is held and make them publicly available in electronic form. The registries should also record the certified carbon removal units that meet the Union quality criteria. The information should also be accessible in disaggregated form at the level of each carbon removal unit, as a certificate can provide proof of certification for several carbon removal units. In order to ensure a level playing field within the single market, the Commission should be empowered to adopt implementing rules setting out standards and technical rules on the functioning and the inter-operability of those registries. y.
Amendment 310 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The objective of this Regulation is to facilitate the deployment of carbon removals and sustainable land use activities by operators or groups of operators. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:
Amendment 341 #
Proposal for a regulation
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
1a. To facilitate the deployment of carbon removals,, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down in chapter 1: (a) quality criteria for carbon removal activities that take place in the Union; (b) rules for the verification and certification of carbon removals; (c) rules for the functioning and recognition by the Commission of certification schemes; (d) restrictions on the use of carbon removal certificates.
Amendment 343 #
Proposal for a regulation
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
1b. To incentivise the implementation of sustainable land use activities, this regulation sets up in parallel a voluntary Union framework for the monitoring, verification and certification of such activities by establishing in Chapter 2 (a) quality criteria for sustainable land use activities that take place in the Union; (b) rules for the verification and certification of sustainable land use activities and the identification of net carbon benefit of these activities; (c) rules for the functioning and recognition by the Commission of certification schemes; (d) rules for activity-based support for sustainable land use activities.
Amendment 344 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 350 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
Amendment 360 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘carbon removal’ means either the storage of atmospheric or biogenic carbon within geological carbon pools, biogenic carbon pools, long-lasting products and materials, and the marine environment, or the reduction of carbon release from a biogenic carbon pool to the atmosphere;a carbon removal activity that under anticipated circumstances provides for permanent geological storage of atmospheric or biogenic carbon.
Amendment 374 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘carbon removal activity’ means one or more practices or processes carried out by an operator resulting in permanent carbon storage, enhancing carbon capture in a biogenic carbon pool, reducing the release of carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long- lasting products or materialswith a net negative GHG emissions balance over the entire duration of the activity, taking into account displacement effects due to competing demand for renewable energy;
Amendment 375 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 391 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘monitoring period’ means a period, the duration of which is determined inover which the storage of carbon is monitored by the operator (in the case of geological storage accordanceing to the type of carbon removal activity, over which the storage of carbon is monitored by the operator;provisions set out in Articles 13, 17 and 18 of Directive 2009/31/EC); and during which the operator remains liable, according to Article 6.
Amendment 400 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 412 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 433 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 447 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘carbon removal unit’ means one tonne of permanently stored certified net carbon removal benefit generated by a carbon removal activity and registered by a certification scheme.
Amendment 486 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 489 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Net carbon removal benefit = CRbaseline – CRtotal – GHGincreaseassociated > 0
Amendment 498 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) GHGincrease is the increase in direct and indirect greenhouse gas emissions, other than those from biogenic carbon pools in the case of carbon farming, which are due to the implementation of the carbon removal activityassociated is the direct and indirect GHG emissions, which are caused by the implementation of the carbon removal activity. This includes impacts occurring both within and outside the Union (such as direct and indirect land use change), and emissions related to any inputs needed for the activity (such as energy, biomass, other materials); including inputs that are imported from third countries. For the quantification of GHGassociated biomass is not automatically considered carbon neutral but is rated on the bases of life-cycle assessments.
Amendment 505 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 519 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals shall be quantified in a relevant, accurateconservative, robust, complete, consistent, comparable and transparent manner. The degree of conservativeness shall be proportional to the amount of historical data available and the degree of uncertainty related to the specific kind of removal activity.
Amendment 548 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated, at minimum every 5 years, in line with the best available science, technologies and practices .
Amendment 567 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it goes beyond Union and national statutory requirements; that are binding at the level of the operator or group of operators.
Amendment 573 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) it takes placbecomes financially viable due to the incentive effect of the certification.
Amendment 579 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If the carbon stored in carbon removal activity originates in a biogenic medium such as biomass, the storage of that biogenic carbon shall not be deemed additional until the point that a corresponding recovery of biomass has taken place.
Amendment 583 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the baseline is established pursuant to Article 4(54), additionality as referred to in paragraph 1 is considered to be complied with. Where the baseline is established pursuant to Article 4(65), additionality as referred to in paragraph 1, points (a) and (b), shall be demonstrated through specific tests.
Amendment 589 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 591 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. An operator or group of operators of carbon removal activities shall demonstrate that a carbon removal activity aims at ensuringes the long-term storage of carbon for at least several centuries.
Amendment 604 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) they shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period, which shall last at least 50 years, and for geological storage shall be governed by Articles 13, 17 and 18 of Directive 2009/31/EC ;
Amendment 609 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) they shall be subject to appropriate liability mechanisms in order to address any release of the stored carbon occurring during the monitoring period. Under that liability, in the case of a reversal during the monitoring period, operators or groups of operators, shall be obliged to repay any funding received for their certificates from public or private sources, as well as pay to the Union budget a fine equivalent to the average annual price for allowances under Directive 2003/87/EC in the year of the release, multiplied by the number of tons of carbon that have been released.
Amendment 616 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For carbon farming and carbon storage in products, the carbon stored by aAt the end of the monitoring period and in case no re-certification has been carried out, the net carbon removal of the activity up to that point shall be considered released to the atmosphere at the end of the monitoring period.
Amendment 643 #
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) social protections, especially concerning the rights of local communities and small-scale land managers.
Amendment 660 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1, a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8. Carbon removal activities that imply land use changes shall have positive impacts on the sustainability objectives referred to in paragraph 1 a)-g).Carbon removal activities shall respect the principle of “Do No Significant Harm” under Regulation (EU) 2020/852 as well as the Technical Screening Criteria adopted therein.
Amendment 666 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. With regard to the minimum sustainability requirements in paragraph 2, impacts both within and outside the Union shall be considered.
Amendment 674 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
CHAPTER 2 a (new) SUSTAINABLE LAND USE ACTIVITIES Article 7a (new) Purpose and use of certified sustainable land use activities 1. The purpose of this Regulation concerning land use activities is to develop methodologies for certification of sustainable land use activities to facilitate the deployment of activities that equally support biodiversity, resilience and carbon sequestration in ecosystems. 2. Sustainable land use activities and related certificates shall be supported through activity-based finance mechanisms. 3. Sustainable land use activities and sequestration of carbon certified under this framework cannot be used for offsetting, compensating or replacing emissions reductions through compliance or voluntary mechanisms,
Amendment 675 #
Proposal for a regulation
Article 7 b (new)
Article 7 b (new)
Article 7b (new) Definitions 1. For the purposes of this Chapter, the following additional definitions apply: (a) ‘sustainable land use activity’ means an activity related to land management that results in the increase of long-term carbon storage in biomass and peatland, as well as nature restoration and biodiversity benefits. (b) ‘activity period’ is the period during which a land use activity is implemented by the land manager.
Amendment 676 #
Proposal for a regulation
Article 7 c (new)
Article 7 c (new)
Article 7c (new) Eligibility for certification 1. Sustainable land use activities shall be eligible for certification under this Regulation when they meet both of the following conditions: (a) they are generated from a land use activity that complies with the quality criteria set out in Articles 7c to 7d; (b) they are independently verified in accordance with Article 9.
Amendment 677 #
Proposal for a regulation
Article 7 d (new)
Article 7 d (new)
Article 7d (new) Monitoring 1. In the case of sustainable land use activities involving carbon sequestration, the carbon removal benefit achieved through a certified land use activity shall be understood as net greenhouse gas removals or emission reductions in accordance with the accounting rules laid down in Regulation (EU) 2018/841. Land- based activities shall contribute to the sustainability and biodiversity criteria, as laid out in Article 7d. There shall be no carbon removal units or credits issued for sustainable land use activities.
Amendment 678 #
Proposal for a regulation
Article 7 e (new)
Article 7 e (new)
Article 7 e (new) Sustainability 1. A land use activity shall generate benefits the following sustainability objectives: (a) climate change mitigation beyond the net carbon removal benefit; (b) climate change adaptation; (c) sustainable use and protection of water and marine resources; (d) transition to a circular economy; (e) pollution prevention and control; (f) protection and restoration of biodiversity and ecosystems; (g) social protection, especially concerning the rights of local communities and indigenous people. 2. For the purposes of paragraph 1, the Commission shall set out in the relevant certification methodology minimum sustainability requirements for each type of land use activity in the delegated acts adopted pursuant to Article 8 the requirement should also cover impacts both within the Union and in third countries. 3. Where an operator or group of operators report benefits that contribute to the sustainability objectives referred to in paragraph 1 beyond the minimum sustainability requirements referred to in paragraph 2, they shall comply with the certification methodologies set out in delegated acts referred to in Article 8. The certification methodologies shall incentivise as much as possible the generation of benefits going beyond the minimum sustainability requirements, in particular for the objective referred to in paragraph 1, point (f). 4. A sustainable land use activity shall aim to mitigate negative social impacts. The majority of proceeds from the activity should reach small-scale land managers.
Amendment 679 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. An operator or a group of operators shall apply the relevant certification methodologies to comply with the criteria laid down in Articles 4 to 7 for carbon removals, and 7a to 7d for sustainable land use activities .
Amendment 685 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for activities related to permanent carbon storage, carbon farming and carbon storage in productremoval and sustainable land use activities. Those certification methodologies shall include at least the elements set out in Annex I, and shall be subject to public consultation.
Amendment 708 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators;
Amendment 714 #
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(da) the special nature of land-based activities in particular with regard to the indicators listed in Art. 7d, in addition to the potential for carbon sequestration.
Amendment 717 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Prior to adopting the delegated acts referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 14a regarding the technical certification methodologies referred to in paragraph 1 of this Article.
Amendment 720 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. When the Commission does not follow the advice of the Platform in adopting the delegated acts referred to in paragraph 2 of this Article, it shall include a detailed justification of its choice in an Annex to the relevant delegated act.
Amendment 742 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. To apply for a certification of compliance with this Regulation, an operator or a group of operators shall submit an application to a certification scheme. This application shall be made publicly available in the Union registry. Upon acceptance of that application, the operator or a group of operators shall submit to a certification body a comprehensive description of the carbon removal activity, including the certification methodology applied to assess compliance with Articles 4 to 7, the expected total carbon removals and net carbon removal benefit. Groups of operators shall also specify how advisory services on carbon removal and sustainable land use activities are provided, in particular to small-scale carbon farming operators.
Amendment 749 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The certification body shall conduct a certification audit to verify the information submitted in accordance with paragraph 1 and to confirm compliance of the carbon removal or sustainable land use activity with Articles 4 to 7d . As a result of that certification audit, the certification body shall issue a certification audit report, that includes a summary, and a certificate containing, as a minimum, the information set out in Annex II. The certification scheme shall control the certification audit report and the certificate, and make the summary of the certification audit report and the certificate publicly available in athe Union registry referred to in Article 12.
Amendment 752 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The certification body shall carry out periodic re-certification audits to reconfirm compliance of the carbon removal or sustainable land use activity with Articles 4 to 7 and verify either the generated carbon benefit. As a or the implementation of land use activities. These re-certification audits shall take place at least every 5 years As a result of that re-certification audit, the certification body shall issue a re- certification audit report, that includes a summary, and an updated certificate. The certification scheme shall control the re- certification audit report and the updated certificate, and make the summary of the re-certification audit report, the updated certificate and, in the case of carbon removal activities, the certified carbon removal units publicly available in a registry referred to in Article 12.
Amendment 772 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Certification bodies appointed by certification schemes shall be accredited by a national accreditation authority pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council37 and should be made public in the relevant Member State section of the Union registry referred to article 12. __________________ 37 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 774 #
Proposal for a regulation
Article 10 – paragraph 2 – point a a (new)
Article 10 – paragraph 2 – point a a (new)
(aa) financially independent from the removal or sustainable land use activities
Amendment 782 #
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Member States shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national competent authorities, all relevant information necessary to supervise their operation, including date, time and location of the audits referred to in Article 9. Where Member States find issues of non- conformity, they shall inform the certification body and the relevant certification scheme thereof without delay and publish this notice in the Union registry referred to in Article 12.
Amendment 786 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Certification schemes shall operate on the basis of reliable and transparent rules and procedures, in particular with regard to internal management and monitoring, handling of complaints and appeals, stakeholder consultation, transparency and publication of information, appointment and training of certification bodies, addressing non- conformity issues, development and management of registries. These rules and procedures shall be made publicly available in the Union referred to in Article 12.
Amendment 792 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Certification schemes shall verify if the information and data submitted by the operator or a group of operators for the certification of compliance pursuant to Article 9 were subject to independent auditing and if the certification of compliance was carried out in an accurate, reliable, and cost-effective manner. For sustainable land use activities, the certification scheme shall verify whether the operator has implemented the activity and complies with the relevant activity- based methodology.
Amendment 801 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Certification schemes shall publish, at least annually, in the Union registry a list of the appointed certification bodies, stating for each certification body by which entity or national public authority it was recognised and which entity or national public authority is monitoring it.
Amendment 810 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 812 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A certification schemeThe Commission shall establish and duly maintain a public registry (‘Union registry’) to make publicly accessible the information related to the certification process, including the certificates and updated certificatescontaining, as a minimum, the information set out in Annex 2a including the certificates and updated certificates, as well as the information related therein, the reports provided for in Articles 8-11, and the quantity of carbon removal units certified in accordance with Article 9. Thosee Union registriesy shall use automated systems, including electronic templates, and shall be interoperable. Certification schemes shall require the relevant operator to enter into the Union registry all information that is required to be included in the Union registry and that is necessary to verify compliance with the requirements laid down in this Regulation.
Amendment 820 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission may adopt implementing acts setting out the structure, format, and technical details of the public registries, andUnion registry, the information to be provided to the Union registry and the procedure for providing such information and the technical details of the recording, holding or use of carbon removal units, as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 840 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. Each certification scheme recognised by the Commission shall submit to the Commission an annual report about its operations, including a description of any cases of fraud and related remediation measures. The report shall be submitted annually by 30 April, covering the preceding calendar year. The requirement to submit a report shall apply only to certification schemes that have operated for at least 12 months. These decisions shall be made public in the Union registry referred to in Article 12.
Amendment 848 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 876 #
Proposal for a regulation
Annex I – subheading 1
Annex I – subheading 1
Elements of the certification methodologies for carbon removals referred to in Article 8
Amendment 877 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
When adopting delegated acts pursuant to Article 8, the certification methodologies for carbon removal activities shall include at least the following elements:
Amendment 893 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Elements of the certification methodologies for sustainable land use activities referred to in Article 8 1. When adopting delegated acts pursuant to Article 8, the certification methodologies for sustainable land use activities shall include at least the following elements: (a) description of the activity covered, including its monitoring period; (b) rules for establishing a net-carbon removal benefit as identified in Art. 7c in accordance with the carbon accounting rules of (c) rules establishing the contributions to the sustainability indicators listed in Art. 7d.
Amendment 894 #
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
Minimum information included in the certificates for carbon removal activities referred to in Article 9
Amendment 895 #
Proposal for a regulation
Annex II – subheading 1 a (new)
Annex II – subheading 1 a (new)