Activities of Pär HOLMGREN related to 2022/0394(COD)
Plenary speeches (1)
Union certification framework for carbon removals
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals
Amendments (97)
Amendment 53 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removalsafe, sustainable and high quality carbon removals and carbon farming activities
Amendment 57 #
Proposal for a regulation
Recital 1
Recital 1
(1) Under the Paris Agreement adopted under the United Nations Framework Convention on Climate Change22 ('the Paris Agreement'), the international community has agreed to hold the increase in the global average temperature well below 2° C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5° C above pre-industrial levels. That commitment has been reinforced with the adoption under the UNFCCC of the Glasgow Climate Pact on 13 November 2021, in which the Conference of the Parties to the UNFCCC, serving as the meeting of the Parties to the Paris Agreement, recognises that the impacts of climate change will be much lower at a temperature increase of 1,5 ºC, compared with 2 ºC, and resolves to pursue efforts to limit the temperature increase to 1,5 ºC. The Union and its Member States are Parties to the Paris Agreement and are strongly committed to its implementation by reduction of greenhouse gas emissions and increase in carbon removals. __________________ 22 Approved by Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).
Amendment 58 #
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 deepimmediate, deep and sustained cuts in global greenhouse gas (GHG) emissions across all sectors occur throughout the forthcomongoing decades. The IPCC report also clearly states that ‘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’, while recognising that low demand scenarios can reduce the need for carbon capture and removal technologies. This will require the large-scaleaccelerated deployment of sustainable activities for capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrial and marine ecosystems, or products. Today and with current policies, the Union is not on track to deliver the required carbon removals: carbon removals in terrestrial ecosystems have been decreasing in recent years, and or biogenic pools. The latest IPCC reports also state that ‘large-scale land-based biological CDR may not prove as effective as expected, and its large-scale deployment may result in ecological and social impacts, suggesting it may not be a viable carbon removal strategy in the next 10-20 years’. In particular, the IPCC pointed out to the large-scale deployment of BECCS, which ‘may push planetary boundaries for freshwater use, exacerbate land-system change, and significantly alter biosphere integrity and biogeochemical flows’. The IPCC report also clearly stated that overshooting 1.5°C would entail serious adverse impacts, some irreversible, and additional risks for human and natural systems, and that the larger the overshoot, the more challenging would be the return. Today and with current policies, the Union is not on track to deliver the required carbon removals: carbon removals in terrestrial ecosystems have been decreasing in recent years. European soils are currently a net source of greenhouse gas emissions and, if not addressed, this could pose a risk to the Union climate targets. The revised Regulation (EU) 2018/841 of the European Parliament and of the Council, the proposed Nature Restoration Law and the upcoming EU Soil Health Law should contribute to reverse that trend. Despite significant past investment from the Union budget1a, no significant industrial carbon removals are currently taking place in the Union at commercial stage. __________________ 1a European Court of Auditors (2018). Special Report 2018/24, Demonstrating carbon capture and storage and innovative renewables at commercial stage in the EU: intended progress not achieved in the past decade. 23 IPCC Working Group III (2022), Technical Summary. In: Climate Change 2022: Mitigation of Climate Change. Sixth Assessment Report (link).
Amendment 66 #
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, with the view to incentivise the uptake of safe, sustainable and high- quality carbon removals and carbon farming activities, in full respect 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 also committed to generate negative emissions after 2050. An important instrument to enhance carbon removals 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 set out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocate respective targets to each Member State, and to aim to achieve net-negative emissions after 2050, while ensuring that those activities do not undermine the needed immediate, deep and sustained greenhouse gas emissions reduction by sources across all sectors necessary to limit global warming to under 1,5°C . __________________ 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 71 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union certification framework will support the development of carbon removal and carbon farming activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encouragsure the uptake of carbon removal activities that generate co-benefits for biodiversity, 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 81 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to support operators willing to make additional efforts to increase carbon removals and carbon farming in a sustainable way, the Union certification framework should take into account the different types of carbon removal activities, their specificities and related environmental impacts, including impacts in third countries caused by importing biomass or indirect land-use changes. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal and carbon farming activities, and other elements of the Union certification framework.
Amendment 98 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals should be eligible for certification under the Union certification framework. To this end, carbon removals and carbon farming should be quantified in an accurate and robust, robust and conservative way; and they should be generated only by carbon removal and carbon farming activities that generate a net carbon removal benefit, are additional, aim to ensure long-term storage of carbon, and have a neutral impact or over several centuries, and have co- benefits on other sustainability objectives, in particular biodiversity objectives. Furthermore, carbon removals and carbon farming activities 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. __________________ 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 100 #
Proposal for a regulation
Recital 7
Recital 7
(7) A certified carbon 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 standardisedfirst-mover baseline reflecting the standardbest-in-class performance of comparable activities in similar social, economic, environmental and technological circumstances and geographical locations should be preferred because it ensures objectivhigh quality, minimises compliance and other administrative costs, and positively recognises the action of first movers who have already engaged in carbon removal activities. In the context of carbon farming, 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 removal activitiesorder to reflect the social, economic, environmental and technological developments and to encourage ambition over time in line with the Paris Agreement, baselines should be reviewed every five years and updated accordingly in case of new robust scientific evidence, always in a conservative manner. 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, environmeFor carbon farming activities, it is necessary to plan a 10 year period during which the certification will be based on activities that have been proved to lead to substantial and technological developments and to encourage ambition over time in line with the Paris Agreement, baselines should be periodically updatedcarbon storage in soil based on a solid body of peer reviewed scientific studies, while the data necessary to establish solid baselines is being gathered and processed. In the context of carbon farming, 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 removal activities.
Amendment 110 #
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, chemicals, materials fuel or energy, or indirect emissions, such as those resulting from direct or indirect land use change, with consequent risks for food security due to displacement of agricultural production. 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 130 #
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 or leakage) 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 activity. The validity of the certified carbon removalcates 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 farming or carbon storage in productactivities 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 released into the atmosphere, unless the economic operator proves the maintenance of the carbon storagefarming activities through uninterrupted monitoring activities.
Amendment 133 #
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 and corrective measures should be introduced to address cases of reversal or leakage, in a way that there should be a liable party at any moment of time, taking into account extreme weather events and force majeure events that might impact land-based carbon storage. 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. __________________ 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 139 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removalfarming activities have a strong potential to 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 have a neutral impact or, in order to obtain a certification under this framework, carbon farming activities 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. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, build on the technical screening criteria for Do N, while proving they do not Ssignificant Harm 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 ly harm any of those objectives in the meaning of Regulation (EU) 2020/852. Those sustainability requirements should be based on the latest available scientific evidence and, as appropriate existing minimum sustainability criteria established under EU law, or in Guidelines adopted by the Commission. 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 155 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices that remove CO2 from the atmosphere contribute to the climate neutralitywhile generating co- benefits for other sustainability objectives contribute to the Union's environmental objectives 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.
Amendment 165 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report additional 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. 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 farming activities that provide significant co-benefits for biodiversity.
Amendment 171 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal and carbon farming 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 theor carbon removalfarming activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders. 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 GroupPlatform on Carbon Rremoval and carbon farming activities 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 for carbon removal certification, and take into account any relevant standard and rules adopted at national and Un, Union and international level.
Amendment 173 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a credible and reliable certification process, carbon removal and carbon farming activities should be subject to independent third- party auditing. In particular, carbon removal and carbon farming activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net carbon removal benefit. Carbon removal and carbon farming activities should also be subject to periodic re- certification audits to verify the compliance of the generated carbon removals. To this end, the Commission should be empowered to adopt implementing acts to set out the structure, technical details, and the minimum information to be contained in the description of the carbon removal or carbon farming activity, and in the certification and re- certification audit reports.
Amendment 176 #
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 removalfarming activities is key for cost- efficient implementation of mitigation actions and for securing their engagement in 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 removalfarming 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 180 #
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 corporateThe Union and its Member States should continue to develop, regularly update and report to the UNFCC their greenhouse gas inventories, inclu according wito the regard toules set out in Regulation (EU) 2018/841 of the European Parliament and of the Council31 , the proof of climate-rel1999. Certificates generated aund other environmental corporate claims (including on biodiversity), or the exchange of verified carbon removal units through voluntary carbon offsetting markets. To this end, the certificate 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 certificateer this framework should not be used for the purpose of developing greenhouse gas inventories. Moreover, this framework should not undermine the need for immediate, deep and sustained emissions reduction by sources across all sectors needed to limit global warming to 1.5°C. Therefore carbon removal and carbon farming activities certified under this Union framework should not be used for, or claimed to, offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks. __________________ 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 181 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) Certificates may be monetised, thereby giving a financial incentive to operators or groups of operators to carry on the carbon removal or carbon farming activities. Such financial incentives may include funding from legal or physical persons wishing to contribute to the achievement of environmental objectives (‘contribution claims’), funding from the CAP, public procurements or other sources of public finance.
Amendment 182 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) In the event of leakage or reversal, the relevant ‘contribution claims’ should be amended so as to reflect the reality of the situation, taking into account extreme weather events and force majeure events that can affect land-based carbon storage.
Amendment 183 #
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21 c) Certificates should contain accurate and transparent information on the carbon removal or carbon farming activity, including the total removals and net carbon removal benefit that comply with the quality criteria set out in this Regulation, as well as provide information whether the certificate has been monetised, for which purpose and by whom. 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.
Amendment 187 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of carbon removal and carbon farming activities should have the required competences and skills and should be accredited by national accreditation authorities pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council32 . To avoid possible conflicts of interest, the certification bodies should also be completely independent from the operator carrying out the carbon removal or carbon farming activity that is subject to the certification. In addition, Member States should contribute towards ensuring the correct implementation of the certification process by supervising the operation of certification bodies that are accredited by national accreditation authorities, and by informing the certification schemes about relevant non- conformity findings. __________________ 32 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 190 #
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, where relevant, the correct accounting of the verified carbon removal unitsgenerated by a certified activity , notably by avoiding double counting. 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 192 #
Proposal for a regulation
Recital 26
Recital 26
(26) Certification schemesBy ... [insert the date 6 months after the date of entry into force of this Regulation], the Commission should establish and maintain interoperablea public registriesy in order to ensure transparency, trust and full traceability of carbon removal and carbon farming 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 storefarming activity. All information in the Union registry should be easy to navigate and search. Certification schemes should provide to the Commission all information required to be stored and made publicly available in electronic form in the Union registry. Such information includes the documents resulting from the certification process of carbon removals and carbon farming, including summaries of certification audits and re-certification audit reports, the certificates and updated certificates, and make them publicly available in electronic formthe information included therein, as well as the current status of a certificate, for example whether active, retired or expired, log of transactions. The registries should also, where relevant, record the certified carbon removal units that meet the Union quality criteria Prior to the establishment of the Union public registry, certification schemes recognised by the Commission should maintain and store all the information required to be stored and made publicly available later on in the Union registry. 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 thosethe minimum information to be made available by recognised certification schemes to the Union registriesy.
Amendment 197 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certification schemes play an important role in providing evidence of compliance with the quality criteria for carbon removals. It is therefore appropriate for the Commission to require certification schemes to report regularly on their activity. Such reports should be made public, in full or where appropriate in an aggregated format, in order to increase transparency and scrutiny by citizens and independent third parties, and to improve supervision by the Commission. Furthermore, such reporting would provide the necessary information for the Commission to report on the operation of the certification schemes with a view to identifying best practices and submitting, if appropriate, a proposal to further promote such best practices. In order to ensure comparable and consistent reporting, the Commission should be empowered to adopt implementing acts setting out the technical details on the content and format of the reports drawn up by the certification schemes.
Amendment 200 #
Proposal for a regulation
Recital 28
Recital 28
(28) To enable operators to apply the quality criteria set out in this Regulation in a standardised and cost-effective way, while taking into account the specific characteristics of different carbon removal activities, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement this Regulation by establishing detailed certification methodologies for different types of carbon removal activities. The Commission should also be able to amend Annex II listing the minimum information to be contained in the certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making34 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. Each draft delegated act should also be open for public consultation for a period of minimum four weeks. __________________ 34 OJ L 123, 12.5.2016, p. 1
Amendment 207 #
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 by operators or groups of operatorsenvironmentally sustainable, safe and secure permanent geological carbon storage on the one hand, and increased carbon sequestration in biogenic carbon pools through land-use activities in full respect of the biodiversity and zero- pollution objectives on the other hand, as a complement to the necessary immediate, deep and irreversible emissions reduction by sources across all sectors needed to limit global warming to 1.5°C. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals and carbon farming activities by laying down:
Amendment 214 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) quality criteria for carbon removal and carbon farming activities that take place in the Union;
Amendment 218 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) rules for the verification and certification of carbon removals and carbon farming activities;
Amendment 221 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) rules on the monitoring, validity, expiry and liability of carbon removals and carbon farming activities;
Amendment 223 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(c a) rules for the use of the carbon removals certificates and carbon farming certificates.
Amendment 224 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This voluntary Union framework for the certification of carbon removals and carbon farming activities does not apply to emissions falling within the scope of Directive 2003/87/EC, with the exception of the storage of carbon dioxide emissions from sustainable biomass that are zero-rated in accordance with Annex IV thereto and Regulation (EU) 2018/842, as recently amended.
Amendment 226 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2 a. Carbon removal and carbon farming activities certified under this Union framework shall not be used for, or claimed to, offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks.
Amendment 227 #
Proposal for a regulation
Article 1 – paragraph 2 c (new)
Article 1 – paragraph 2 c (new)
2 c. The purpose of carbon removals is to supplement deep emissions reduction, by prioritising swift and predictable emission reduction and balancing the very last, unavoidable emissions and help the Union achieve the goal of climate neutrality by 2050, and net-negative emissions immediately after 2050 as enshrined in Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality1a. __________________ 1a 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 243/1, 9.7.2021)
Amendment 228 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 239 #
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, with a net negative emissions balance, 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 materials;
Amendment 245 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘operator’ means any legal or physical person who operates or controls a carbon removal activityor carbon farming activity, including collectivities and cooperatives, or to whom decisive economic power over the technical functioning of the activity has been delegated; In cases of tenancy, the manager of the land doing the work shall receive the financial benefits or reward arising from the scheme, not the land owner;
Amendment 250 #
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 in accordance to the type of carbon removal activity,with Article 9a over which the storage of carbon is monitored by the operator or public entity;
Amendment 251 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘permanent carbon storage’ means a carbon removal activity that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries, including bioenergy with carbon capture and storage and direct air carbon capture and storage;
Amendment 269 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘carbon farming activity’ means a carbon removal activity related to land management that results in the increase of carbon storage in living biomass, dead organic matter and soils by enhancingland-use activity that results in the increase of carbon storage in biogenic carbon capturepools and/or reducing the release of carbon from rewetting drained peatlands to the atmosphere;
Amendment 273 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘reversal’ means the voluntary or involuntary release of CO2 back into the atmosphere from biogenic carbon pools;
Amendment 275 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 277 #
Proposal for a regulation
Article 2 – paragraph 1 – point n a (new)
Article 2 – paragraph 1 – point n a (new)
(n a) ‘contribution claim’ means a claim made by a physical or legal person related to the voluntary financing of an activity resulting in verifiable and additional removal of CO2 from the atmosphere, in view of supporting the Union’s climate targets set out in Regulation (EU) 2021/1119, without using this to offset, compensate or replace their own emissions, or claim to do so;
Amendment 278 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 289 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Carbon removal activities shall be eligible for certification under this Regulation where they meet both of the following conditions:
Amendment 291 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are generated from a carbon removal activity that compliescomply with the quality criteria set out in Articles 4 to 7;
Amendment 292 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(a a) they are not used for, or claimed to, offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks;
Amendment 294 #
Proposal for a regulation
Article 3 – paragraph 1 – point b a (new)
Article 3 – paragraph 1 – point b a (new)
(b a) principles of good accounting are followed, corresponding to stringent international and scientific principles.
Amendment 295 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
Carbon farming activities shall be eligible for certification under this Regulation where they meet both of the following conditions: (a) they are not used for, or claimed to, offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks; (b) they comply with the quality criteria set out in article 4 to 7a; (c) they are independently verified in accordance with Article 9; (d) principles of good accounting are followed, corresponding to stringent international and scientific principles.
Amendment 298 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A carbon removaln activity shall provide a net carbon removal benefit, which shall be quantified using the following formula:
Amendment 302 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – point a
Article 4 – paragraph 1 – subparagraph 2 – point a
(a) CRbaseline is the carbon removals under the baselinetotal amount of CO2 removed from the atmosphere over the entire life cycle of a best-in-class comparable activity;
Amendment 303 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – point b
Article 4 – paragraph 1 – subparagraph 2 – point b
(b) CRtotal is the total carbon removals of the carbon removalamount of CO2 removed from the atmosphere by the activity over the entire life cycle of the activity;
Amendment 305 #
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 tver the entire life cycle of the activity, including greenhouse from biogenic carbon pools in the case of carbon farmigas emissions arising from the transport and storage of CO2, the use of fertilisers, fuels, chemicals, materials or energy, the displacement of energy and waste heat from competitive uses, as well as direct and indirect land use change, which are due to the implementation of the carbon removal activity.
Amendment 316 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals shall be quantified in a relevanconservative, robust, accurate, complete, consistent, comparable and transparent manner. Uncertainties in the quantification of the net carbon removal benefit shall be duly reported and accounted for as part of the certification methodologies, in a manner that is conservative and proportionate, and in accordance with recognised statistical approaches. The degree of conservativeness shall be proportional to the level of uncertainty in the quantification of the net carbon removal benefit recognised by the latest available internationally recognised scientific evidence.
Amendment 323 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The baseline shall correspond to the standard carbon removal performancenet greenhouse gas removals, or net greenhouse gas emissions in case of the rewetting of peatlands, of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.
Amendment 327 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. By way of derogation from paragraph 5, where duly justified, the baseline may be based on the individual carbon removal performance of that activity where duly justified, in the applicable certification methodology by the absence of enough comparable activities to be able to set a representative baseline.
Amendment 330 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. By way of derogation from paragraph 5, for carbon farming activities and until [10 years after the date of entry into force of this Regulation], the carbon removal benefit achieved through a certified activity shall be understood as net greenhouse gas removals or emissions in accordance with the accounting rules laid down in Regulation (EU) 2018/841, and comply with the conditions laid out in Article 7a.
Amendment 337 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. TheEach baseline shall be periodically updatupdated at least every five years after it has been adopted. Possible perverse incentives for baseline inflation shall be considered and addressed.
Amendment 343 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 347 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. To support the quantification of the net carbon removals benefit generated by carbon farming, the activities, the public entity, operator or group of operators shall gather data on carbon removals and greenhouse gas emissions in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999.
Amendment 353 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. AThe net carbon removal benefit generated by an activity shall be additional. To that end, the carbon removal activity shall meet bothall of the following criteria:
Amendment 357 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it goes beyond any binding removals or net removals targets set out at Union and national levels, or statutory requirements set out at the level of the operator or group of operators;
Amendment 362 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) it takes place due to the incentive effectthe activity becomes financially attractive due to the monetisation of the certificatione.
Amendment 363 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the baseline is established pursuant to Article 4(5), additionality as referred to in paragraph 1 is considered to be complied with. Where the baseline is established pursuant to Article 4(6), additionality as referred to in paragraph 1, points (aAdditionality as referred to in paragraph 1, points (a), (b) and (b),c) shall be demonstrated through specific tests.
Amendment 364 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. For the purpose of demonstrating point (a) of paragraph 1, the baseline shall take into account the anticipated impact of any binding removals or net removals targets set out at Union and national levels, in particular those set out in the amended Regulation (EU) 2018/841.
Amendment 368 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 369 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. An operator or group of operators shall demonstrate that a carbon removal activity or a carbon farming activity aims at ensuring the long-term storage of carbon. during the following minimum storage durations: (a) in the case of carbon storage activities, for at least several centuries; (b) in the case of carbon farming activities, for at least one hundred years.
Amendment 373 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 385 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For carbon farming and carbon storage in productsAt the end of the monitoring period, and if no re-certification audits have been carried, the net carbon stored by a carbon removalremoval benefit generated by an activity during the entire life of that activity shall be considered released to the atmosphere at the end of the monitoring period.
Amendment 393 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A permanent carbon removal activity shall have a neutral impact on or generate co- benefits for all the following sustainability objectives:
Amendment 413 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. A carbon farming activity shall generate co-benefits for all of the following sustainability objectives: (a) climate change mitigation, including reduction of greenhouse gas emissions from agricultural practices, as well as maintenance of existing carbon stores and enhancement of carbon sequestration; (b) climate change adaptation, including actions to improve resilience of food production systems and animal and plant diversity; (c) protection or improvement of water quality and reduction of pressure on water resources and protection of water and marine resources; (d) transition to a circular economy, notably the closing of nutrients cycle; (e) prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota; (f) pollution prevention and control; (g) protection and restoration of biodiversity and ecosystems, conservation or restoration of habitats or species, including maintenance and creation of landscape features or non-productive areas; (h) actions for a reduced use of pesticides and synthetic fertilizers; (i) social protection, especially concerning the rights of local communities and indigenous people.
Amendment 417 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1 b. A carbon removal or carbon farming activity shall not lead to land grabbing and land speculation, and respect the rights of local communities and indigenous people affected by those activities, both within and outside the Union
Amendment 421 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1 and 2, a carbon removal or carbon farming activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8.
Amendment 431 #
Proposal for a regulation
Article 7 a (new)
Article 7 a (new)
Amendment 456 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3 a. 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 458 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3 b. When the Commission does not follow the advice of the Platform when 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 459 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Amendment 460 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Certification of compliance and re- certification audits
Amendment 465 #
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. Upon acceptance of that application, the operator or a group of operators shall submit to a certification bodyThis application shall be made publically available. This application shall include a comprehensive description of the carbon removal activity, including the certification methodology applied to assess compliance with Articles 4 to 7, and, where applicable the expected total carbon removals and net carbon removal benefit. Groups of operators shall also specify how advisory services on carbon removal activities are provided, in particular to small-scale carbon farming operators.
Amendment 466 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The certification bodyscheme shall conduct a certification audit toappoint an independent certification body which shall verify that the information submitted in accordance with paragraph 1 is accurate, reliable and protected against fraud, and to confirm compliance of the carbon removal activity with Articles 4 to 7. As a result of that certification auditWhen all the information provided by the operator or group of operators comply with the provisions set out in Articles 4 to 7, 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 ofall the information included in the certification audit report and make the certificate publicly available in athe Union registry referred to in Article 12.
Amendment 468 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The same certification body shall carry out periodic re-certification audits to reconfirm compliance of the carbon removal activity with Articles 4 to 7 and verify the generated net carbon removal benefit. Re-certification audits shall take place at least every five years for carbon farming activities, and at least every 10 years for carbon removal activities. 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, where relevant, the certified carbon removal units, and make them publicly available in athe Union registry referred to in Article 12.
Amendment 472 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4 a. Certification bodies shall be remunerated by the certification scheme. Certification schemes may require a fee to be paid by the operator or group of operators to cover the remuneration of certification bodies.
Amendment 475 #
Proposal for a regulation
Article 9 a (new)
Article 9 a (new)
Amendment 478 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) legally and financially independent from the operators or from a group of operators, and carry out the activities required under this Regulation in the public interest.
Amendment 479 #
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 concerned certification body and the relevant certification scheme thereof without delay, and the corresponding information shall be made publicly available through the Union registry referred to in Article 12 without delay.
Amendment 480 #
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. Certificate schemes shall put in place easily accessible and free-of-charge complaint and appeal procedures, including allowing the possibility for third parties and civil society organisations to submit cases of suspicion of fraud or independent assessment of the rules and procedures of the certification schemes. Certification schemes shall provide the information on those rules and procedures to the Commission to be made publicly available in the Union registry referred to in Article 12.
Amendment 484 #
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 wasand the re-certification audit reports were carried out in an accurate, and reliable, and cost-effective manner manner, and are protected against fraud.
Amendment 486 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Certification schemes shall publish in the Union registry referred to in Article 12, at least annually, 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 491 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Union Registriesy
Amendment 493 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
Amendment 497 #
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 publicUnion registriy, and the rules, and ofprocedures for the recording, and holding or use of carbon removal unitf all the information contained in the certificates, as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 500 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Only a certification scheme recognised by the Commission by means of a decision may be used by operators or group of operators to demonstrate compliance with this Regulation. Such decision shall be valid for a period of no more than 5 years. Such decision shall be made public in the central Union registry referred to in Article 12.
Amendment 501 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may repeal a decision recognising a certification scheme pursuant to paragraph 1 where the certification scheme fails to implement the standards and rules set out in the implementing acts referred to in Article 11(5). Where a Member State a third party, including civil society organisations, raises concerns that a certification scheme does not operate in accordance with the standards and rules set out in the implementing acts referred to in Article 11(5) that constitute the basis for decisions under paragraph 1, the Commission shall immediately investigate the matter and take appropriate action, including repealing the relevant decision.
Amendment 503 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall make those reports publicly available in the Union registry referred to in Article 12 , in full or, only where absolutely necessary to preserve the confidentiality of commercially sensitive information, in an aggregated formwithout those commercially sensitive information. The rest of the reports shall be made publicly available in full.
Amendment 507 #
Proposal for a regulation
Article -15 (new)
Article -15 (new)
Amendment 508 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9. Prior to adopting the delegated acts referred to in the first sub-paragraph, the Commission shall consult the Platform referred to in Article 14a. When the Commission does not follow the advice of the Platform when adopting the delegated acts referred to in the first sub-paragraph, it shall include a detailed justification of its choice in an Annex to the relevant delegated act.
Amendment 514 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making. Any draft delegated act shall be open for public consultation for a period of minimum four weeks.