Activities of Zbigniew KUŹMIUK related to 2022/0394(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals
Amendments (37)
Amendment 54 #
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 removals and carbon farming certification
Amendment 60 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) However, strengthening the role of the land sector, including agricultural land, in meeting climate policy objectives must not impede the primary task of the agricultural sector, which is to ensure food security. The promotion of climate protection objectives should not lead to a reduction in food production and availability.
Amendment 64 #
Proposal for a regulation
Recital 3
Recital 3
(3) The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals and a voluntary EU certification framework for carbon farming practices, with the view to incentivise the uptake of high- quality carbon removals and to promote carbon farming practices, in full respect of the biodiversity and the zero-pollution objectivesminimisation objectives and, in the area of agriculture, in full respect of the objective of ensuring EU food security. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24. The Union also committed to generate negative emissions after 2050. An important instrument to enhance carbon removals in terrestrial ecosystems is Regulation (EU) 2018/841 of the European Parliament and of the Council25, which is currently under review. The objective of the review is to set out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocate respective targets to each Member State. __________________ 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 68 #
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) A separate voluntary certification scheme should apply to carbon farming practices. This is due to the specific nature of the sector, its carbon sequestration capacity, the permanence of sequestration and the link to the forestry sector. It is also necessary to clearly define additionality criteria for carbon sequestration activities in the agricultural sector and to establish reference levels which take into account the specific characteristics of the sectors on the one hand, and the generally applicable rules on the other.
Amendment 70 #
Proposal for a regulation
Recital 3 b (new)
Recital 3 b (new)
(3b) Due to their specific characteristics and, inter alia, their carbon sequestration potential, agriculture and forestry will not be included in the ETS. This also applies to the voluntary certification scheme established by this Regulation.
Amendment 79 #
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 and operators applying carbon farming practices, the Union certification framework should take into account the different types of carbon removal and sequestration activities, their specificities and related environmental impacts. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, and other elements of the Union certification framework. In the area of carbon farming, definitions of carbon dioxide removal activities, the methodology for calculating the amount of carbon dioxide removed and the principles of the liability mechanism should be provided.
Amendment 92 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals and carbon farming practices should be eligible for certification under the Union certification framework. To this end, carbon removals should be quantified in an accurate 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-term storage of carbon, and have a neutral impact or co-benefit on sustainability objectives. Furthermore, carbon removals should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero-rated in accordance with Annex IV thereto. __________________ 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 119 #
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 or toward undertaking carbon farming practices, carbon removal and carbon farming activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. 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. The level of administrative burden resulting from participation in certification schemes is therefore an important aspect. The administrative burden should be such as to allow even the smallest entities to be included in certification schemes. Thus, the cost, understood as the sum of financial, time and organisational effort, of participating in certification schemes must not outweigh the perceived benefits of joining the scheme.
Amendment 151 #
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. It should also be possible to combine CAP Pillar I and Pillar II measures with the certification of carbon removal and sequestration. Certification schemes should therefore be compatible with CAP instruments. __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
Amendment 161 #
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 morthat increase 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 206 #
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 food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.
Amendment 232 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘carbon removal’ means either the storage of atmospheric or biogenic carbon within geological carbon pools, biogenic carbon pools, long-lasting products and materials, and the marine environment, or the reduction of carbon release from a biogenic carbon pool or greenhouse gas emissions from biogenic sources to the atmosphere;
Amendment 242 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
(ca) ‘biogenic source’ means above- ground biomass, below-ground biomass, litter, dead wood and soil organic carbon, as defined in Annex I, Part B(a) to (e) of Regulation 2018/841, which means greenhouse gases from land use and land management practices and enteric fermentation or manure fermentation from livestock operations;
Amendment 247 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘group of operators’ means a legal entity that represents more than one operator and is responsible for ensuring that those operators comply with this Regulation; In the case of carbon farming, ‘operators’ means a legal entity that represents more than one operator. The latter are owners and tenants producing agricultural and forestry products;
Amendment 263 #
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 atmosphere, as well as mitigation activities for agricultural and forestry production, in a way that does not compromise food production and availability;
Amendment 313 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In the case of carbon farming, CRbaseline and CRtotal shall be understood as net greenhouse gas removals or emissions in accordance with the accounting rules laid down in Regulation (EU) 2018/841, as well as greenhouse gas emissions from animal husbandry activities.
Amendment 317 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner. In case of uncertainty in the calculation, additional estimation attempts shall take into account national circumstances and legislation in force in the Member State concerned.
Amendment 342 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updatedregularly updated, taking into account the latest scientific evidence and technological developments.
Amendment 344 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 345 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
Amendment 348 #
Proposal for a regulation
Article 4 – paragraph 9 a (new)
Article 4 – paragraph 9 a (new)
9a. The calculation methodology for carbon farming shall take into account local specificities, especially soil physico- chemical conditions, crop structure, afforestation, climatic and other conditions.
Amendment 367 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2a. Carbon farming practices carried out under Pillar I and Pillar II of the CAP, in accordance with Regulation 2021/2115, shall, in principle, comply with the certification criteria set out in this Regulation.
Amendment 391 #
Proposal for a regulation
Article 7 – title
Article 7 – title
Amendment 392 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A carbon removal activity and carbon farming practices shall have at least a neutral impact on or generate co- benefits for allfood security and food availability in the common market. In addition, they shall have a neutral or positive impact on one or more of the following sustainability objectives:
Amendment 403 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
Amendment 422 #
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 environmental sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8.
Amendment 441 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission is empowered to adopt delegated acts implementing accordance with Article 16ts to establish the technical certification methodologies referred to in paragraph 1 for activities related to permanent carbon storage, carbon farming and carbon storage in products. Those certification methodologies shall include at least the elements set out in Annex I.
Amendment 450 #
Proposal for a regulation
Article 8 – paragraph 3 – introductory part
Article 8 – paragraph 3 – introductory part
3. When preparing those delegatedimplementing acts, the Commission shall take into account the following elements:
Amendment 487 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Certification schemesThe European Commission shall publish, 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 488 #
Proposal for a regulation
Article 11 – paragraph 5 a (new)
Article 11 – paragraph 5 a (new)
5a. By [OP please insert the date = 3 months after the date of entry into force of this Regulation], the European Commission shall publish guidelines for national authorities to conduct information and training campaigns to ensure that operators, in particular farmers, have access to knowledge about certification schemes.
Amendment 489 #
Proposal for a regulation
Article 11 – paragraph 5 b (new)
Article 11 – paragraph 5 b (new)
5b. Based on these guidelines and taking into account their own socio- economic conditions, Member States shall ensure the presence of advisory services and the exchange of knowledge in the form of training courses and workshops aimed at farmers and foresters, in order to promote the use of the certification schemes established by this Regulation.
Amendment 498 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. The Commission mayshall adopt implementing acts setting out the structure, format, and technical details of the public registries, and of the recording, holding or use of carbon removal units, as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 509 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The Commission is empowered to adopt delegatedimplementing acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9.
Amendment 510 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegatedimplementing acts referred to in Articles 8 and 15 shall be conferred on the Commission for an indeterminate period of time from [PO: please insert the date = the date of entry into force of this Regulation].
Amendment 513 #
Proposal for a regulation
Article 16 – paragraph 4
Article 16 – paragraph 4
Amendment 515 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
Amendment 517 #
Proposal for a regulation
Annex I – paragraph 1 – introductory part
Annex I – paragraph 1 – introductory part
When adopting delegatedimplementing acts pursuant to Article 8, the certification methodologies shall include at least the following elements: