Activities of Clare DALY related to 2022/0394(COD)
Plenary speeches (1)
Union certification framework for carbon removals
Amendments (75)
Amendment 95 #
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 globalclearly states that pathways that limit warming to 1.5 °C unlessinvolve rapid and deep cuts inand in most cases immediate global greenhouse gas (GHG) emissions occur throughout the forthcoming decade reductions in all sectors. 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’. but that ‘within ambitious mitigation strategies at global or national levels, carbon removals cannot serve as a substitute for deep emissions reductions.’ This will require the large-scaleimited deployment of sustainable activities for capturing CO2 from the atmosphere and durabpermanently 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 no significant industrial carbon removals are currently taking place in the Union. Carbon removals can play a role in reaching climate neutrality, but only if the carbon is sourced from the atmosphere, stored out of the atmosphere permanently and considered net of all associated greenhouse gas emissions. Carbon removals that do not result in permanent storage out of the atmosphere are delayed emissions. 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 no significant industrial carbon removals are currently taking place in the Union. Carbon removals cannot be scaled up infinitely as Union storage capacity, energy and land are limited, therefore the use and allocation of the certificates provided for by this Regulation, as well as decisions in relation to what constitute the hardest to abate emissions, should be just and equitable. __________________ 23 IPCC Working Group III (2022), Technical Summary. In: Climate Change 2022: Mitigation of Climate Change. Sixth Assessment Report (link).
Amendment 105 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The role of carbon removals is to supplement deep emission reductions, by balancing the very last, unavoidable emissions, in order to 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 of the European Parliament and of the Council1a.
Amendment 116 #
Proposal for a regulation
Recital 3
Recital 3
(3) The aim of this Regulation is to facilitate the establishment of a separate Union carbon removal target for 2035, 2040, 2045 and 2050 within the wider Union climate framework, and to develop a voluntary Union certification framework for carbon removals, with the view to incentivise the uptake of high- quality carbon removals, 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 at the latest by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24 . The Union also committed to generate net-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 sets out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocate 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 125 #
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 farming, suchremoval activities that use land or biomass, the certification framework should alsoonly encourage the uptake of carbon removal activities that generate co- benefits for biodiversity and other environmental objectives, 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 132 #
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, supplementing deep and sustained emission reductions, 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 from those countries or indirect land use changes. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, and other elements of the Union certification framework.
Amendment 140 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) To ensure a just transition to a climate-neutral society and circular economy where no one is left behind, social safeguards are of key importance. Carbon removal activities certified under this Regulation should have no negative implications or results for land managers, foresters and local communities, including land-grabbing, the financialisation of land, and land concentration, or restricted access to land due to inflated prices for new and young farmers.
Amendment 143 #
Proposal for a regulation
Recital 5 b (new)
Recital 5 b (new)
(5b) With the exclusive exemption of emission reductions caused by early phase, deliberate peatland re-wetting that also meets all of the quality criteria in this Regulation, emission reductions should not be certified according to, nor included in, this Regulation, as they are fundamentally distinct activities from carbon removals. Carbon removals decrease GHGs whereas emissions reductions prevent further increase in GHGs. Emission reductions and other non-removal activities could be better supported by separate Union legislative instruments, such as Directive 2003/87/EC of the European Parliament and of the Council, Regulation (EU) 2021/2115 of the European Parliament and of the Council and a Regulation (EU)…/... of the European Parliament and of the Council (on nature restoration);
Amendment 153 #
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 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, are additional, aim to ensure long-termmulti-century storage of carbon, respect the 'do no significant harm' principle and have a neutral impact or co- benefit on sustainability objectives. Activities that are based on land use or biomass, including imported biomass, should have positive impacts 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. __________________ 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 154 #
Proposal for a regulation
Recital 7
Recital 7
(7) A 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 standardised baseline reflecting the bestandard 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 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 de, if those activities are compatible with achieving the goals of the Paris Agreement. Standardised baselines should not be set based on the average performance of a sector, as this does not creaste the costs of establishing baselines and of monitoring carbon removal activitiesa sufficiently high incentive for improvement. 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 and always estimated in a conservative manner.
Amendment 168 #
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, fuel, materials 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. Emissions in third countries, for example through the import of energy or biomass from those countries, should also be taken into account. For the purpose of calculating net carbon removal benefits, all emissions related to biomass must be fully accounted for, and no biomass should be deemed carbon neutral. 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 176 #
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 farming, the carbon captured by an afforestation activity or the carbon kept in the ground by a peatland re-wettingremoval activities that involve land use changes, the carbon captured by that 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 180 #
Proposal for a regulation
Recital 10
Recital 10
(10) Carbon removals should be quantified in a relevant, accuratconservative, complete, consistent and comparable manner. Uncertainties in the quantification should be duly reported and accounted in order to elimitnate the risk of overestimating the quantity of carbon dioxide removed from the atmosphere. Carbon removals generated by carbon farming 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 removals 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 188 #
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 in non- climate related law, that is, operators should carry out activities that are not already imposed upon them by the applicable law. 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. However, those criteria should not apply if the purpose is to reach dedicated removal targets at Union or national level. Carbon removal activities required under Union or national law should be able to be certified under this Regulation.
Amendment 194 #
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 non-climate-related 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 managersscale operators. Possible perverse incentives for baseline inflation should be considered and addressed.
Amendment 198 #
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 activitya timeframe of multiple 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 severalmultiple centuries for the stored carbon and can be considered as providing permanent storage of carbon. Carbon farming 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 released into the atmosphere, unless the economic operator proves the maintenance of the carbon storage through uninterrupted monitoring activities.
Amendment 207 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Storage of biogenic carbon in any storage medium does not in itself remove carbon from the atmosphere, but merely shifts carbon from one storage medium to another. Only the regrowth of the biomass can lead to actual net removals. Therefore any methodology covering a carbon removal activity that uses biomass in any way (e.g. burial, pyrolysis, BECCS) should ensure that the regrowth of biomass is a necessary and critical step in the quantification and certification of removals.
Amendment 219 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removal 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 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, the 'do no significant harm' principle in general, and specifically build on the technical screening criteria for Do Not Significant 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 . Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification. Activities that are based on land use or biomass should have positive impacts on sustainability objectives. Those sustainability requirements should also apply to impacts in third countries, including related to imported biomass, energy and materials from those countries, and direct and indirect land use change. __________________ 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 227 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices 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 based on contribution models.
Amendment 235 #
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. 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 253 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a credible and reliable certification process, carbon removal activities should be subject to independent third-party auditing. In particular, carbon removal 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 and conservative quantification of the expected net carbon removal benefit. Carbon removal activities should also be subject to periodic five-yearly 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 activity, and in the certification and re- certification audit reports.
Amendment 254 #
Proposal for a regulation
Recital 20
Recital 20
Amendment 262 #
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 toCarbon removal activities should not undermine or deter emission reductions, and therefore carbon removal certificates provided for under this Regulation should not be used to offset continued emissions either in compliance or voluntary mechanisms, including Regulation (EU) 2018/8412 of the European Parliament and 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 markets. To this end, the, Directive 2003/87/EC, the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), Article 6(2) and (4) of the Paris Agreement or voluntary carbon markets. Certificates should be incentivised in a manner that makes them complementary to emission reductions, rather than substitutes. Such incentives should include common agriculture policy funding, private contribution finance and public finance, for example, through reverse auctions or public procurement. To that end, the Union should establish a separate Union removal target and related policies within the Union climate framework, which should serve to separate removal policies and targets from emission reduction policies and targets, and limit the risk of mitigation deterrence. All removals certified under this scheme should be counted towards Union and Member State climate targets and respective international commitments as set out in the Union’s nationally determined contribution 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 273 #
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 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 activity that is subject to the certification, which should include no financial dependence on charges or fees levied on operators that the body certifies. 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 279 #
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 local and national stakeholders’ engagement prior to the issuance of certificates. 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 286 #
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 public 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 291 #
Proposal for a regulation
Recital 26
Recital 26
(26) Certification schemes should establish and maintain interoperable public registries 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 store the documents resulting from the certification process of carbon removals, 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. The Commission must set up a centralised Union registry that contains in a fully publicly accessible manner all the information held in those registries. All information in this central registry should be easy to navigate and search. 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. and the functioning of the centralised Union level registry.
Amendment 309 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter and scoppurpose
Amendment 314 #
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 establishment of a separate Union carbon removal target for 2035, 2040, 2045 and 2050 as part of the Union climate framework, and the deployment of carbon removals 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 336 #
Proposal for a regulation
Article 1 – paragraph 1 – point c a (new)
Article 1 – paragraph 1 – point c a (new)
(ca) rules for the use of the carbon removals certifications.
Amendment 345 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
Amendment 355 #
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Article 1a Scope and prohibition Carbon removal units certified under this framework shall not be used for offsetting, compensating or replacing emissions reductions throughout compliance or voluntary mechanisms, including Regulation (EU) 2018/842, Directive 2003/87/EC of the European Parliament and of the Council, the Carbon Offsetting and Reduction Scheme for International Aviation (CORSIA), Article 6(2) and (4) of the Paris Agreement or voluntary carbon markets. Certificates and units shall be incentivised in a manner that makes them complementary to emission reductions, rather than substitutes. This regulation shall not be used to establish any false equivalences between emissions, avoided emissions, emission reductions and/or carbon removals to avoid greenwashing and mitigation deterrence. The only emissions reductions that shall be certified by this Regulation shall be emission reductions caused by early phase, deliberate peatland re-wetting that also meet all of the quality criteria provided for in Chapter 2 of this Regulation. The results of the emission reduction phase will not be certified as carbon removals. To that end, by 31 December 2025, the Commission shall propose binding Union removal targets for 2035, 2040, 2045 and 2050 within the wider Union climate framework. Those targets shall be separate and distinct from the emission reductions targets provided for by Regulation (EU) 2021/1119.
Amendment 362 #
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-lasta carbon removal activity that, under normal circumstances and using approducts and materials, and the marine environment, or the reduction of carbon release from a biogenic carbon pool to the atmospherepriate management practices, stores atmospheric or biogenic carbon for multiple centuries;
Amendment 370 #
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 materials with a net negative emissions balance;
Amendment 376 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
Amendment 392 #
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, over which the storage of carbon is monitored by the operator;
Amendment 399 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
Amendment 411 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
Amendment 430 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 448 #
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 490 #
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 497 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) GHGincreaseassociated 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 activity. which are due to the implementation of the carbon removal activity. This includes both national and international impacts (such as direct and indirect land use change), and emissions related to any energy, land, biomass, and materials etc used, including causes by energy, biomass and materials that are imported from third countries. For the quantification of GHGassociated , biomass shall not be considered as carbon neutral but shall be subject to rigorous life-cycle assessments in order to assess the impact on total GHG emissions from any biomass used.
Amendment 502 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 520 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals shall be quantified in a relevant, accurateconservative, relevant, complete, consistent, comparable and transparent manner. The degree of conservativeness shall be proportional to the level of uncertainty in the quantification of carbon removals.
Amendment 526 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The baseline shall correspond to the standard carbon removalbe set in a conservative and robust manner, and take into account the geographical context. The baseline shall be aligned with achieving the 1,5°C goal of the Paris Agreement. If standardised baselines are used, they shall reflect the best performance of comparable activities ion similar social, economic, environmental and technological circumstances and take into account the geographical contexthe market, if those activities are compatible with achieving the goals of the Paris Agreement.
Amendment 545 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated, at least every five years, in line with best available science, technologies and practices. Possible perverse incentives for baseline inflation shall be considered and addressed.
Amendment 551 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
Amendment 564 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it goes beyond Union and national statutory requiremennon-climate related requirements. This criterion shall not apply if the purpose is to reach dedicated Union or national removal targets;
Amendment 577 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. If a carbon removal activity uses biogenic carbon in any way, the storage of that biogenic carbon shall not be considered additional, and therefore the carbon removal activity shall not be eligible for certification until the regrowth or full recovery of the related biomass is completed.
Amendment 590 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 595 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. An operator or group of operators shall demonstratensure that a carbon removal activity aims at ensuring the long-termleads to multiple centuries storage of carbon.;
Amendment 606 #
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;
Amendment 608 #
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. An appropriate liability mechanism shall be at least as stringent as the relevant mechanisms in Directive 2009/31/EC. This would make operators liable to compensate for any re-emission through the surrender of EU ETS emissions allowances. Another alternative is to centre liability around the mandated creation of new and additional removals to compensate for reversals. An appropriate liability mechanism does not automatically lever liability to wider society, especially if operators, intermediaries or purchasers of units benefited financially from the removal activity.
Amendment 613 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
Amendment 632 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A carbon removal activity shall have a neutral impact on or generate co- benefits for all the following sustainability objectives:
Amendment 644 #
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) social protection, especially concerning the rights of local communities and indigenous people.
Amendment 662 #
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. Activities that are based on land use or biomass shall have a positive impact on the sustainability objectives referred to in paragraph 1 of this Article, including, where relevant, in third countries.
Amendment 672 #
Proposal for a regulation
Article 7 – paragraph 3 a (new)
Article 7 – paragraph 3 a (new)
3a. A carbon removal activity shall not have negative social impacts, especially with regards to land grabbing or land speculation, nor on Union or international food prices due to significant direct or indirect land use changes.
Amendment 690 #
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 productscarbon removal. Those certification methodologies shall include at least the elements set out in Annex I and shall be open for robust public consultation.
Amendment 736 #
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. That application shall be made publicly available for scrutiny, including for local communities, researchers and civil society groups. 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. That description shall be made publicly available for scrutiny, including for local communities, researchers and civil society groups. Groups of operators shall also specify how advisory services on carbon removal activities are provided, in particular to small-scale carbon farming operators.
Amendment 750 #
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 activity with Articles 4 to 7. 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 thefull certification audit report and the certificate publicly available in athe central Union registry referred to in Article 12.
Amendment 754 #
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 activity with Articles 4 to 7 and verify the generated carbon benefit. Those re-certification audits shall take place as a minimum every five 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 thefull re-certification audit report, the updated certificate and the certified carbon removal units publicly available in athe central Union registry referred to in Article 12.
Amendment 758 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
4. The operator or a group of operators shall support the certification body during certification and re- certification audits, notably by giving access to the activity premises and providing relevantas much data and documentation as possible related to the removal process.
Amendment 771 #
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 shall be listed in the relevant Member State section of the central 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 775 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) independent from the operators or from a group of operators, including financially independent, and carry out the activities required under this Regulation in the public interest.
Amendment 781 #
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 central Union registry referred to in Article 12.
Amendment 785 #
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. Those rules and procedures shall be made publicly available in the central Union registry referred to in Article 12.
Amendment 797 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Certification schemes shall publish, at least annually, in the Union registry referred to in Article 12, 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 818 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. The Commission shall establish a central Union registry that contains in a fully publicly available manner all the information held in the registries referred to in paragraph 1. All information in this central registry shall be easy to navigate and search.
Amendment 829 #
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. Those decisions shall be made publicly available in the central Union registry referred to in Article 12.
Amendment 844 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The Commission shall make those reports publicly available, in full or, where necessary to preserve the confidentiality of commercially sensitive information, in an ag, redact commercially sensitive information to preserve the confidentiality. The extent of any such redaction shall be limited to the gregated formst extent possible.
Amendment 879 #
Proposal for a regulation
Annex I – paragraph 1 – point f
Annex I – paragraph 1 – point f
(f) rules to address conservativeness and uncertainties in the quantification of carbon removals referred to in Article 4(8);
Amendment 882 #
Proposal for a regulation
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
(i) rules on appropriate liability mechanisms referred tofollowing the principles included in Article 6(2), point (b);
Amendment 912 #
Proposal for a regulation
Annex II – paragraph 1 – point n
Annex II – paragraph 1 – point n
(n) duration of the monitoring period of the carbon removal activity in compliance with the requirements referred to in Article 6(2), point (a);
Amendment 915 #
Proposal for a regulation
Annex II – paragraph 1 – point n a (new)
Annex II – paragraph 1 – point n a (new)
(na) any evidence of improper accounting in violation of Article 3, point (c);
Amendment 917 #
Proposal for a regulation
Annex II – paragraph 1 – point n b (new)
Annex II – paragraph 1 – point n b (new)
(nb) any activity-related effects which could negatively impact the sustainability criteria referred to in Article 7(1);