Activities of Ville NIINISTÖ related to 2022/0394(COD)
Shadow reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals
Amendments (143)
Amendment 86 #
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 92 #
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 96 #
Proposal for a regulation
Recital 2
Recital 2
(2) At a global scale, the latest reports23 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 forthcomon-going decades and beyond. 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-scale deployment of safe and 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. Despite significant past investment from the Union budget1a, no significant industrial carbon removals are currently taking place in the Union. __________________ 231a 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 AR6 Synthesis Report (2023), IPCC Working Group III (2022), Technical Summary. In: Climate Change 2022: Mitigation of Climate Change. Sixth Assessment Report (link).
Amendment 101 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The latest IPCC reports also stated 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 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.
Amendment 106 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) The potential for removals is nevertheless limited. Many removal activities are implemented on land, which competes for other uses such as food production, and have a saturation point for how much carbon they can absorb, such as soils saturated with organic matters.
Amendment 111 #
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 achievcomplement 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 immediate, deep and sustained reduction of GHG emissions by sources across all sectors that is needed to limit global warming terrestrial ecosystems iso 1,5°C. 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. __________________ 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)as amended by Regulation (EU) 2023/839, the proposed Nature Restoration Law and the upcoming EU Soil Health Law are other important instruments to increase the amount of carbon stored in terrestrial ecosystems.
Amendment 120 #
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 encouragesure that 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 133 #
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, the Union certification framework should take into account the different types of carbon removal and carbon farming 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, and carbon removalfarming activities, and other elements of the Union certification framework.
Amendment 149 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removal activities should be eligible for certification under the Union certification framework. To this end, carbon removal activities should be quantified in an accurate and robust robust and conservative way; and they should be generated only by carbon removal activities that generate a net carbon removal benefit, are additional, aim to ensure long-term storage of carbon over a timeframe equivalent to the time carbon stays in the atmosphere once emitted by sources, and have a neutral impact or co-benefit on sustainability objectives. Furthermore, carbon removal 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 theretotherefore not apply to emissions falling within the scope of Directive 2003/87/EC, nor to emissions falling within the scope of Regulation (EU) 2018/842. __________________ 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 160 #
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 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 preferredapply 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 farmingHowever, twhe 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. However, where it is not possible to set such a standardised baselinere it is not possible to set such a first-mover baseline because of the lack of existing comparable and representative activities, a project-specific baseline based on the operator’s individual performance may be used, as specified in the relevant certification methodology. 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 updatedreviewed every five years, and updated accordingly in case of new robust scientific evidence, always in a conservative manner.
Amendment 167 #
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, chemicals, 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. 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 certifi, that took place within or outside the Union. In case the carbon removal activity uses biomass, all emissions related to biomass should be fully accounted for, and no biomass should be deemed carbon removneutrals.
Amendment 174 #
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, including during the capture, transport and storage, as well as the average displaced emissions linked to competitive uses of renewable energy and waste heat. In the case of carbon farming, the carbon captured by an afforestation activity or the carbon kept in the ground by a peatland re- wetting activity should outweigh the emissions from the machinery used to carry out the carbon removal activity or the indirect land use change emissions that can be caused by carbon leakage.
Amendment 178 #
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 limit 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 186 #
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10a) In the case of carbon farming activities, the absence of commonly agreed carbon measurement and monitoring approaches makes the quantification and the establishment of baselines more difficult. Moreover, those activities should be supported not only for their net carbon removal benefit, but also because they generate co-benefits for other environmental objectives, in particular biodiversity protection, ecosystem resilience and climate adaptation. At least in the first three years, it is therefore proposed that certification methodologies will be limited to carbon farming activities for which the best available and most recent scientific evidence recognises they are beneficial both for the climate and biodiversity. Certification methodologies should detail the requirements under which a practice can be certified. During this period, operators or group of operators should monitor the amount of carbon removed through the activity, and the evolution of the health of the ecosystem in which the activity takes place. Tier 3 methodologies should be used to quantify the amount of carbon removals generated by carbon farming, and enhanced monitoring of land should 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. After the initial 3-year period, the Commission should assess whether the experience and information gathered during this period could be used to further quantify the net environmental benefit of those practices.
Amendment 187 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union certification framework channels incentives toward carbon removalactivities that go beyond the standard practice, carbon removal activities should be additional. Therefore,operators or group of operators should demonstrate that theseir activities should go beyond statutory requirements, 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 inare additional, in particular that they go beyond Union or national removals targets, or statutory requirements already imposed upon them by the applicable law, and that those activities become financially attractive only because of the monetisation of the generated cenrtive 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 addificate. In the case of carbon farming activities, certification methodologies should ensure that only activities that are additional to the impact of the new national ctarbon removalsgets set out in Regulation (EU) 2023/839 are being certified.
Amendment 192 #
Proposal for a regulation
Recital 12
Recital 12
(12) A standardisedThe use of "best-in-class" baselines should reflect the statutory and market conditions in which the carbon removal activity takes place. If a carbon removal activity is imposed upon operators by the applicable law, or it does not need any incentives to take place, its performance will be reflected in the baseline. For this reason, a carbon removal activity that generatesimplify the demonstration of additionality for operators as carbon removals in excess of such a baselines 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 managers. Possible perverse incentives for baseline inflation should be considered and addressed by the certification methodologies.
Amendment 204 #
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 removaltype of 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 cactivity. Carbon removals activity. Activities that store carbon in geological formations provide enough certaintiesare expected to store carbon 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 product. They should be considered as providing permanent storage of carbon, while ensuring that a robust liability framework is in place to take account of the risks of leakages. On the other hand, carbon farming activities 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 expected storage and 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 and a re-certification audit.
Amendment 209 #
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. Such mechanisms could include e.g. discounting of carbon removal units, collective buffers or accounts of carbon removal units, and up-front insurance mechanism or leakage, in a way that there should be a liable party at any moment of time. In the case of carbon farming activities, and given the higher risk of reversal, certificates can only be generated after each re-certification audits, without prejudice to the possibility of providing advance payments to cover investment needs of the operators or group of operators. 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 carbon removal activities in order 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 214 #
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 establishonly certify activities that meet minimum sustainability requirements to ensure that carbon removal activities have a neutral impact orthose 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 providing that 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 . 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)ly harm any of those objectives. Those sustainability requirements should be based on the latest available scientific evidence. Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification.
Amendment 224 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Technologies for carbon removal activities are currently very intensive in energy, water and other materials. In order to obtain a certification under this framework, carbon removal activities should demonstrate that they have at least a neutral impact on 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. Carbon removal activities that are extensively relying on land use should demonstrate positive impacts on sustainability objectives.
Amendment 229 #
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 241 #
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 removaltypes of 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 249 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal or 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 the carbon removal or carbon farming 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 Removals and all other interested actorCarbon Farming Activities. They need to be based on the best available scientific evidence, build upon existing public and private schemes and methodologies for carbon removal certifice open for a minimum four- week public consultation, and take into account any relevant standard and rules adopted at national and Un, Union or international level.
Amendment 252 #
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 correctnservative 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 activity, and in the certification and re- certification audit reports.
Amendment 257 #
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 261 #
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 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)er 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 claim to, offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks.
Amendment 268 #
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21a) Certificates may nevertheless 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 Common Agricultural Policy, public procurements or other sources of public finance.
Amendment 269 #
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21b) In the event of leakage or reversal, the relevant ‘contribution claims’ should be amended so as to reflect the reality of the situation.
Amendment 270 #
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21c) 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 277 #
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 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 281 #
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 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 289 #
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 Union 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 storecertificate or a carbon farming activity certificate. 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 or carbon farming activities, including summaries of certification audits and re-certification audit reports, the certificates and updated certificates, and make them publicly available in electronic form. The registries should also record the certified carbon removal units that meet the Union quality criteria and the information included therein, as well as the current status of a certificate, for example whether active, retired or expired, a log of transactions, and make them publicly available in electronic form. 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 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 297 #
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 299 #
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 removals and carbon farming 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 304 #
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission should review the implementation of this Regulation 3 years following the entry into force of this Regulation, and subsequently not later than six months after the global stocktake agreed under Article 14 of the Paris Agreement.. Those reviews should take into account the relevant developments concerning the Union legislation, technological and scientific progress, market developments in the field of carbon removals and carbon farming activities, and food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.
Amendment 308 #
Proposal for a regulation
Article 1 – title
Article 1 – title
Subject matter, scope and uscope
Amendment 311 #
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 atmospheric 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 immediate, deep and irreversible reduction of GHG emissions 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 323 #
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 326 #
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 331 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(ba) rules on the monitoring, validity, expiry and liability of carbon removals and carbon farming activities;
Amendment 335 #
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 certificates and carbon farming certificates.
Amendment 346 #
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 of Regulation (EU) 2018/842.
Amendment 352 #
Proposal for a regulation
Article 1 – paragraph 2 a (new)
Article 1 – paragraph 2 a (new)
2a. Carbon removal and carbon farming activities certified under this Union framework shall not be used for or claim to offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks.
Amendment 354 #
Proposal for a regulation
Article 1 – paragraph 2 b (new)
Article 1 – paragraph 2 b (new)
2b. This Regulation may apply to CO2 emissions captured within the Union but geologically stored in another Member of the European Economic Area, or in another neighbouring country, that applies the same legal requirements as the ones set out in Directive 2009/31/EC, pursuant to a legal agreement negotiated between that third country and the Union and ratified by both Parties according to their jurisdictional systems.
Amendment 356 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
Amendment 369 #
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 relewith net-negative GHG emissions over the entire life cycle of the activity, taking into account displacement effects due to competing use for energy and waste of carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long- lasting products or materialsheat, as well as total GHG emissions arising from the transport and storage of CO2, and with minimum impact on natural resources, including water use, and which is not combined with Enhanced Hydrocarbon Recovery;
Amendment 379 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘biogenic carbon pool’ means above-ground biomass, below-ground biomass, litter, dead wood and soilliving biomass, litter, dead wood, dead organic matter, mineral soils and organic carbonsoils as set out in points (a) to (ef) of Part B of Annex I to Regulation 2018/841;
Amendment 381 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) ‘geological formation’ means as defined under Directive 2009/31/EC;
Amendment 384 #
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 cooperatives and local public authorities, or to whom decisive economic power over the technical functioning of the activity has been delegated;
Amendment 397 #
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 activitywith Article -9, over which the storage of carbon is monitored by the operator;
Amendment 405 #
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, injects and stores atmospheric or biogenic carbon for at least several centuries, including bioenergy with carbon capture and storage and direct air carbon capture and storage underground geological formations, in compliance with the rules set out in Directive 2009/31/EC;
Amendment 410 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(ga) ‘leakage’ means any release of CO2 from the storage complex, as defined under Directive 2009/31/EC, and any release during the transportation of CO2;
Amendment 416 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘carbon farming’ 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 enhancing carbon capture and/or reducing the release of carbon to the atmosphereland use activity that results in the increase of carbon storage in biogenic carbon pools for at least one hundred years, including in the case of peatland rewetting when that activity only reduces the release of carbon to the atmosphere in the short term but leads to net removals in the medium to long term, while increasing the resilience of that activity to rising climate change impacts by demonstrating an enhancement of biodiversity as elaborated in Article 8c(3);
Amendment 427 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘reversal’ means the voluntary or involuntary release of CO2 back into the atmosphere from biogenic carbon pools;
Amendment 429 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 437 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) ‘best-in-class comparable activity’ means the 5% best performing activity among a range of comparable activities in similar social, economic, environmental and technological circumstances and geographical locations, irrespective of their management practices;
Amendment 441 #
Proposal for a regulation
Article 2 – paragraph 1 – point n
Article 2 – paragraph 1 – point n
(n) ‘carbon removal certificate’ means a conformity statement issued by the certification body certifying that the carbon removal activity complies with this Regulation;
Amendment 442 #
Proposal for a regulation
Article 2 – paragraph 1 – point n a (new)
Article 2 – paragraph 1 – point n a (new)
(na) ‘carbon farming certificate’ means a conformity statement issued by the certification body certifying that the carbon farming activity complies with this Regulation;
Amendment 443 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
Amendment 469 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Carbon removals activities shall be eligible for certification under this Regulation where they meet bothall of the following conditions:
Amendment 471 #
Proposal for a regulation
Article 3 – paragraph 1 – point -a (new)
Article 3 – paragraph 1 – point -a (new)
(-a) they are not used for or claim to offset, compensate or replace the reduction of anthropogenic greenhouse gas emissions by sources, neither in regulatory nor in voluntary frameworks;
Amendment 474 #
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 478 #
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 when they meet all of the following conditions: (a) they are not used for or claim 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 Articles 8a to 8e; (c) they are independently verified in accordance with Article 9.
Amendment 485 #
Proposal for a regulation
Chapter 2 – title
Chapter 2 – title
Amendment 492 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Net carbon removal benefit = CRbaseline – CRtotal – GHGincrease > 0total – GHGtotal – CRbaseline
Amendment 493 #
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 baselineaverage total amount of CO2 removed from the atmosphere over the entire life cycle of best-in-class comparable activities;
Amendment 494 #
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 496 #
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 intotal is all the 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, biomass 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. For the quantification of GHG emissions associated with the use of biomass, rigorous life-cycle assessments shall be applied to ensure that net- removals can only be accounted for once the total carbon debt payback period has expired.
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 516 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Quantities referred to in paragraph 1, points (a), (b) and (c), shall be designated with a negapositive sign (-+) if they are net greenhouse gas removals and with a positive sign (+) if they are net greenhouse gas emissions and can never be less than zero; they shall be expressed in tonnes of carbon dioxide equivalent.
Amendment 517 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals shall be quantified in a relevant, accurate, conservative, robust, 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 530 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The baseline shall correspond to the standard carbon removalaverage net greenhouse gas removals of the 5% best performance ofing comparable activities, in similar social, economic, environmental and technological circumstances and takeing into account the geographical context.
Amendment 535 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. By way of derogation from paragraph 5, where duly justified in the applicable certification methodology by the absence of enough comparable activities to be able to set a representative baseline, the baseline may be based on the individual carbon removal performance of that activity.
Amendment 544 #
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 reverse incentives for baseline inflation shall be considered and addressed.
Amendment 549 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 552 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
Amendment 560 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. A carbon removal activity shall be additional. To that end, the carbon removal activity shall meet bothall of the following criteria:
Amendment 565 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it goes beyond any binding removals target set out at Union andor national levels, or statutory requirements set out at the level of the operator or group of operators;
Amendment 569 #
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 certification.e;
Amendment 575 #
Proposal for a regulation
Article 5 – paragraph 1 – point b a (new)
Article 5 – paragraph 1 – point b a (new)
(ba) it is not generated as a result of Union or national public funding.
Amendment 581 #
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 (a) and (b), shall be demonstrated through specific testsAdditionality as referred to in paragraph 1, points (a), (b) and (c), shall be demonstrated through specific tests set out as part of the certification methodologies referred to in Article 8.
Amendment 588 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 593 #
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 aims at ensuring the long-term storage of carbonensure the long-term storage of carbon via their activity during at least several centuries.
Amendment 598 #
Proposal for a regulation
Article 6 – paragraph 2
Article 6 – paragraph 2
Amendment 615 #
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 631 #
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 alldemonstrate it does no significant harm to any of the following sustainability objectives:
Amendment 654 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Carbon removal activities that are extensively relying on land use should demonstrate positive impacts on the sustainability objectives referred to in points (a) to (f) of paragraph 1.
Amendment 655 #
Proposal for a regulation
Article 7 – paragraph 1 b (new)
Article 7 – paragraph 1 b (new)
1b. A carbon removal 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 657 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1, 1a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out inand 1b, the Commission shall set out in the relevant certification methodology minimum sustainability requirements for each type of activity, as part of the delegated acts adopted pursuant to Article 8.
Amendment 665 #
Proposal for a regulation
Article 7 – paragraph 2 a (new)
Article 7 – paragraph 2 a (new)
2a. The minimum sustainability requirements referred to in paragraph 2 shall take into account the impacts in third countries, in particular those caused by direct and indirect land use changes.
Amendment 680 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The certification methodologies shall: (a) establish the baseline corresponding to the net greenhouse gas removals of the 5% best performing activities, in similar social, economic, environmental and technological circumstances; (b) specify the minimum sustainability requirements referred to in Article 7(2), and the rules for accounting additional co-benefits as referred to in Article 7(3); (c) be based on conclusive scientific evidence and the precautionary principle enshrined in Article 191 TFEU; (d) be easy to use and be set in a manner that facilitates the verification of their compliance.
Amendment 686 #
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 produeach type of activity. Each certification methodology for each type of activity shall be subject to a separate delegated acts. Those certification methodologies shall include at least the elements set out in Annex I.
Amendment 692 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. Prior to the adoption and during the development of delegated acts, the Commission shall gather all necessary scientific expertise. For each draft delegated act, the Commission shall carry out a thorough impact assessment, and its final results shall be made public at the time of adoption of the related draft delegated act. The Commission shall ensure that stakeholders are able to provide feedback on each draft delegated act through a public consultation lasting at least four weeks.
Amendment 698 #
Proposal for a regulation
Article 8 – paragraph 2 b (new)
Article 8 – paragraph 2 b (new)
2b. The Commission shall start by establishing certification methodologies for those activities which are the most mature, have the largest potential for generating net carbon removal benefits and that have the largest potential to provide co-benefits. The list of such activities is established under Annex IIb. Annex IIb shall be reviewed as part of the reviews referred to in Article 18(2).
Amendment 709 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators;
Amendment 718 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. Prior to adopting the delegated acts referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 14a regarding the technical certification methodologies referred to in paragraph 1 of this Article.
Amendment 721 #
Proposal for a regulation
Article 8 – paragraph 3 b (new)
Article 8 – paragraph 3 b (new)
3b. When the Commission does not follow the advice of the Platform 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 722 #
Proposal for a regulation
Article 8 a (new)
Article 8 a (new)
Amendment 724 #
Proposal for a regulation
Article 8 b (new)
Article 8 b (new)
Article 8 b Additionality 1. The net carbon removal benefit generated by an activity shall be additional. To that end, the carbon removal activity shall meet all of the following criteria: (a) it goes beyond any binding removals target set out at Union or national levels, or statutory requirements set out at the level of the operator or group of operators; (b) the activity becomes financially attractive due to the monetisation of the certificate; (c) it is not generated as a result of Union or national public funding. 2. Additionality as referred to in paragraph 1, points (a),(b) and (c), shall be demonstrated through specific tests set out as part of the certification methodologies.
Amendment 725 #
Proposal for a regulation
Article 8 c (new)
Article 8 c (new)
Article 8c Sustainability 1. A carbon farming activity shall generate co-benefits for all of the following sustainability objectives: (a) climate change mitigation; (b) climate change adaptation; (c) sustainable use 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. A carbon farming activity shall not significantly harm any of the sustainability objectives referred to in points (a) to (g) 2. A carbon removal 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. 3. For the purposes of paragraphs 1 and 2, a 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 8e. 4. Where an operator or group of operators report co-benefits that contribute to the sustainability objectives referred to in paragraph 1 beyond the minimum sustainability requirements referred to in paragraph 2, they shall comply with the certification methodologies set out in delegated acts referred to in Article 8e. The certification methodologies shall incentivise as much as possible the generation of co-benefits going beyond the minimum sustainability requirements, in particular for the objective referred to in paragraph 1, point (g).
Amendment 726 #
Proposal for a regulation
Article 8 d (new)
Article 8 d (new)
Amendment 727 #
Proposal for a regulation
Article 8 e (new)
Article 8 e (new)
Amendment 728 #
Proposal for a regulation
Chapter 3 – title
Chapter 3 – title
Amendment 729 #
Proposal for a regulation
Article -9 (new)
Article -9 (new)
Article -9 Monitoring, validity and expiry, and liability 1. An operator or group of operators shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period, which shall be set as follows: (a) for a carbon removal activity, the monitoring period and requirements shall be consistent with the provisions set out in Articles 13, 17 and 18 of Directive 2009/31/EC; (b) for a carbon farming activity, the monitoring period and requirements shall cover at least the entire duration over which the operator or group of operators declare the activity will increase carbon storage in biogenic carbon pools. 2. An operator or group of operators shall be subject to appropriate liability mechanisms, and designate a liable physical or legal person to be responsible for addressing any reversal or leakage at any point in time during the activity. For carbon removal activities, the liability mechanism shall be consistent with the liability mechanism set out in Directive 2009/31/EC. For carbon farming activities, the liable person shall in principle be the operator or the group of operators, except in case of contribution claims where the liable person shall be the personal or legal person making those claims. 3. The validity of a certificate shall expire: (a) for a carbon removal activity, at any point in case of leakage, unless it has been proven that the leakage has stopped due to the impact of the corrective measures referred to in paragraph 3; (b) for a carbon farming activity, at any point in case of reversal. 4. When the validity of a certificate expires, the operator or group of operators shall pay a financial compensation to society equivalent to the total amount of carbon considered released to the atmosphere multiplied by the estimated shadow carbon price of the year at which the leak or reversal takes place. The amounts of the financial compensations to society shall be considered as revenue for the general budget of the Union. The Commission shall determine, by means of implementing acts, the means for calculating and collecting the financial compensations to society. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17. When the certificate has been monetised for the purpose of compensation claims, the physical or legal person issuing such claims shall be responsible for paying the financial compensations to society.
Amendment 730 #
Proposal for a regulation
Article 9 – title
Article 9 – title
Certification of compliance and re- certification audits
Amendment 743 #
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 publicly available, and include a comprehensive description of the carbon removal activity, including the certification methodology applied to assess compliance with Articles 4 to 7 or with Articles 8a to 8d, 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 747 #
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. A or with Articles 8a result of that certification auditto 8d. When all the information provided by the operator or group of operators comply with the provisions set out in Articles 4 to 7 or in Articles 8a to 8d, 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 the certificate publicly available in athe Union registry referred to in Article 12.
Amendment 753 #
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 andor with Articles 8a to 8d, and in particular verify the generated net carbon removal benefit. Re-certification audits shall take place at least every 5 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 the certified carbon removal unitsm publicly available in athe Union registry referred to in Article 12.
Amendment 759 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. 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 765 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission may adopt implementing acts to set out the structure, format, technical details of the comprehensive description of the carbon removal activity referred to in paragraph 1, and of the certification and re-certification audit reports referred to in paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 776 #
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 778 #
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 immediately be made publicly available through the Union registry referred to in Article 12.
Amendment 784 #
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 793 #
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 799 #
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 809 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 811 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. A certification schemeThe Commission shall establish and duly maintain a public registry ('Union registry') to make publicly accessible, in an easily accessible and searchable way, the information related to the certification process, including the certificates and updated certificates, and the information included therein, containing as a minimum the information set out in Annex IIA, the name of the certification body, the quantity of net carbon removal unbenefits certified in accordance with Article 9. Those registries shall use automated systems, including electronic templates, and shall be interoperable, and in case the certificate has been monetised, the reason it has been monetised, the price at which it has been monetised, and the final price paid to the operator or group of operators. The Union registry shall use automated systems, including electronic templates. Certification schemes shall be responsible for entering all the required information in the Union registry.
Amendment 822 #
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 830 #
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 835 #
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 or 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 842 #
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 aggregated form in the Union registry referred to in Article 12, in full or, only where absolutely necessary to preserve the confidentiality of commercially sensitive information, without those commercially sensitive information. The rest of the reports shall be made publicly available in full.
Amendment 847 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Amendment 854 #
Proposal for a regulation
Article 15 – paragraph 1 a (new)
Article 15 – paragraph 1 a (new)
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 861 #
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.
Amendment 872 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. In the context of the first report referred to in paragraph 2, the Commission shall, where relevant, assess the possible benefits and risks of enlarging the scope of permanent carbon storage as defined under this Regulation to in-situ mineralisation.
Amendment 878 #
Proposal for a regulation
Annex I – paragraph 1 – point a
Annex I – paragraph 1 – point a
(a) description of the carbon removal activity covered, including its monitoring period;
Amendment 880 #
Proposal for a regulation
Annex I – paragraph 1 – point g
Annex I – paragraph 1 – point g
(g) rules to carry out the specific additionality tests referred to in Article 5(2) and in Article 8b(2);
Amendment 881 #
Proposal for a regulation
Annex I – paragraph 1 – point h
Annex I – paragraph 1 – point h
(h) rules on monitoring and mitigation of any risk of release or leakage of the stored carbon referred to in Article 6(2), point (a-9(1);
Amendment 883 #
Proposal for a regulation
Annex I – paragraph 1 – point i
Annex I – paragraph 1 – point i
(i) rules on appropriate liability mechanisms referred to in Article 6(2), point (b-9(2);
Amendment 884 #
Proposal for a regulation
Annex I – paragraph 1 – point j
Annex I – paragraph 1 – point j
(j) rules on the minimum sustainability requirements referred to in Article 7(2) and in Article 8c(3);
Amendment 885 #
Proposal for a regulation
Annex I – paragraph 1 – point k
Annex I – paragraph 1 – point k
(k) rules on the monitoring and reporting of co-benefits referred to in Article 7(3) and in Article 8c(4).
Amendment 892 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 898 #
Proposal for a regulation
Annex II – paragraph 1 – point a
Annex II – paragraph 1 – point a
(a) name and type of the carbon removal activity, including whether the activity constitutes a carbon removal or a carbon farming activity, the name and contact details of the operator or group of operators;
Amendment 901 #
Proposal for a regulation
Annex II – paragraph 1 – point b
Annex II – paragraph 1 – point b
(b) the location of the carbon removal activity, including geographically explicit location of the activity boundaries, respecting 1:5000 mapping scale requirements for the Member State;
Amendment 902 #
Proposal for a regulation
Annex II – paragraph 1 – point c
Annex II – paragraph 1 – point c
(c) start date and expected end date of the carbon removal activity;
Amendment 913 #
Proposal for a regulation
Annex II – paragraph 1 – point n
Annex II – paragraph 1 – point n
(n) duration of the monitoring perstorage medium and expected storage duratiodn of the carbon removal activity;
Amendment 914 #
Proposal for a regulation
Annex II – paragraph 1 – point n a (new)
Annex II – paragraph 1 – point n a (new)
(na) the monitoring period and requirement, the detailed liability mechanism and the liable legal of physical person, the amount of financial compensation to society in case of reversal or leakage as well as the possible agreement for the payment of the financial compensation to society between the operator or group of operator and the physical or legal personal making a contribution claim, as referred to in Article -9;
Amendment 919 #
Proposal for a regulation
Annex II – paragraph 1 – point o
Annex II – paragraph 1 – point o
(o) anyevidence that the activity meets the sustainability co-benefitobjectives referred to in Article 7(3) or in Article 8c ;
Amendment 920 #
Proposal for a regulation
Annex II – paragraph 1 – point o a (new)
Annex II – paragraph 1 – point o a (new)
(oa) disclosure of potential risks to any of the sustainability objectives referred to in Article 7(1) or in Article 8c(1);
Amendment 921 #
Proposal for a regulation
Annex II – paragraph 1 – point o b (new)
Annex II – paragraph 1 – point o b (new)
(ob) in case of reversal or leakage, the amount of total carbon released in the atmosphere from geological or biogenic carbon pools;
Amendment 922 #
Proposal for a regulation
Annex II – paragraph 1 – point o c (new)
Annex II – paragraph 1 – point o c (new)
(oc) any potential case of fraud or miscalculation revealed during re- certification audits;
Amendment 924 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)
ANNEX IIa Minimum information to be included in the Union registry referred to in Article 12 For each certified activity, the Union registry referred to in Article 12 shall include at least the following minimum information: (a) name and type of the activity, including whether the activity constitutes a carbon removal or a carbon farming activity, the name and contact details of the operator or group of operators; (b) effective start date and expected end date of the activity; (c) name of the certification scheme; (d) the Member State where the activity takes place; (e) the certification methodology for each carbon removal activity, in accordance with Article 8; (f) the expected net carbon removal benefit; (g) the current status of the certificate (active, withdrawn, expired); (h) in case the certificate has been monetised, for which reason has it been monetised, the price at which it has been monetised, and the final price paid to the operator: (i) in case the certificate has been monetised in the context of a contribution claim, the physical or legal person who has generated this claim; (j) for each activity, a link to all the other information included in the certification and audit re-certification reports. The Union registry referred to in Article 12 shall also include a list of all recognised certification schemes, their rules and procedures in accordance with Article 11(2), their annual activity reports in accordance with Article 14, the list of their 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, in accordance with Article 11(4).
Amendment 926 #
Proposal for a regulation
Annex II b (new)
Annex II b (new)
ANNEX IIb First practices for which certification methodologies should be developed according to Article 8(2) - Highly efficient Direct Air Carbon Capture and Storage using additional wind, solar or geothermal renewable energy capacities and minimising the use of natural resources, such as freshwater use, chemicals and materials.