REPORT on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals

3.11.2023 - (COM(2022)0672 – C9‑0399/2022 – 2022/0394(COD)) - ***I

Committee on the Environment, Public Health and Food Safety
Rapporteur: Lídia Pereira
Rapporteur for the opinions of associated committees pursuant to Rule 57 of the Rules of Procedure:
Martin Hlaváček, Committee on Agriculture and Rural Development


Procedure : 2022/0394(COD)
Document stages in plenary

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals

(COM(2022)0672 – C9‑0399/2022 – 2022/0394(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

 having regard to the Commission proposal to Parliament and the Council (COM(2022)0672),

 having regard to  Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0399/2022),

–– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

 having regard to the opinion of the European Economic and Social Committee of 22 March 2023[1],

 having regard to the opinion of the Committee of the Regions of 8 February 2023[2],

 having regard to Rule 59 of its Rules of Procedure,

 having regard to the opinion of the Committee on Agriculture and Rural Development,

 having regard to the letter from the Committee on Industry, Research and Energy,

 having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0329/2023),

1. Adopts its position at first reading hereinafter set out;

2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.


Amendment  1

Proposal for a regulation

Title

 

Text proposed by the Commission

Amendment

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals

Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals, carbon farming and carbon storage in products

Amendment  2

Proposal for a regulation

Recital 1

 

Text proposed by the Commission

Amendment

(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. 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.

(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 and carbon farming.

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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).

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  3

Proposal for a regulation

Recital 2

 

Text proposed by the Commission

Amendment

(2) At a global scale, the latest report23 by the International Panel on Climate Change (IPCC) points towards a decreasing likelihood of limiting global warming to 1.5 °C unless rapid and deep cuts in global greenhouse gas (GHG) emissions occur throughout the forthcoming decades. The IPCC report also clearly states that ‘the deployment of carbon dioxide removal to counterbalance hard-to-abate residual emissions is unavoidable if net-zero carbon dioxide (CO2) or GHG emissions are to be achieved’. This will require the large-scale deployment of sustainable activities for capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrial and marine ecosystems, or products. Today and with current policies, the Union is not on track to deliver the required carbon removals: carbon removals in terrestrial ecosystems have been decreasing in recent years, and no significant industrial carbon removals are currently taking place in the Union.

2) At a global scale, the latest report23 by the International Panel on Climate Change (IPCC) points towards a decreasing likelihood of limiting global warming to 1.5 °C unless rapid and deep cuts in global greenhouse gas (GHG) emissions occur throughout the ongoing and forthcoming decades. The IPCC report also clearly states that ‘while reaching net zero carbon dioxide (CO2) or net zero GHG emissions requires deep and rapid reductions in gross emissions, 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’ and that ‘carbon dioxide removal (CDR) will be necessary to achieve net negative CO2 emissions’. 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 no significant industrial carbon removals are currently taking place in the Union.

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23 IPCC Working Group III (2022). Technical Summary. In: Clmiate Change 2022: Mitigation of CLlmate Change. Sixth Assessment Report (link)

23 IPCC (2023). Sixth Assessment Report (AR 6 Synthesis Report).

Amendment  4

Proposal for a regulation

Recital 3

 

Text proposed by the Commission

Amendment

(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 high-quality carbon removals, in full respect of the biodiversity and the zero-pollution objectives. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality 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.

(3) The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals, carbon farming and carbon storage in products, with the view to incentivise the uptake of safe, sustainable and high-quality carbon removals, carbon farming activities and carbon storage in products, in full respect of the biodiversity and the zero-pollution objectives. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24, as a complement to the irreversible and gradual reduction of anthropogenic greenhouse gas emissions across all sectors to meet the objectives and targets laid down in that Regulation  and the goals of the Paris Agreement. 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.

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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).

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).

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  5

Proposal for a regulation

Recital 4

 

Text proposed by the Commission

Amendment

(4) The Union certification framework will support the development of carbon removal activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage 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.

(4) The Union certification framework will support the development of activities in the Union regarding carbon removal, carbon farming and carbon storage in products that result in an unambiguous net benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage the uptake of 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  6

Proposal for a regulation

Recital 4 a (new)

 

Text proposed by the Commission

Amendment

 

(4a) Several Members of the European Economic Area (EEA) and other third countries bordering the Union, such as Norway or Iceland, have significant potential for geological storage of CO2. Therefore, where a legally binding agreement has been concluded between the Union and a Member of the EEA or another third country bordering the Union and that country applies the same legal requirements as those set out in Directive 2009/31/EC, the Union certification framework should also apply to atmospheric or biogenic carbon captured in the Union but geologically stored in that Member of the EEA, or in that country bordering the Union.

Amendment  7

 

Proposal for a regulation

Recital 4 b (new)

 

Text proposed by the Commission

Amendment

 

(4b) The Union certification framework should also encourage research and innovation, whilst emphasising the role of Horizon Europe missions, as well as other programmes in the field of technologies with carbon removal capacity, taking into account the existing processes and possible developments with the aim of facilitating access to the market for new technologies.

Amendment  8

 

Proposal for a regulation

Recital 4 c (new)

 

Text proposed by the Commission

Amendment

 

(4c) In this regard, the Commission and the Member States should engage in cross-disciplinary cooperation, involving national and regional research institutions, scientists, farmers and small and medium-sized enterprises.

Amendment  9

Proposal for a regulation

Recital 5

 

Text proposed by the Commission

Amendment

(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 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.

(5) Activities regarding carbon removal, carbon farming and carbon storage in products have different characteristics as regards the storage process, the storage medium and the expected duration of the storage, which can vary from decades to centuries for certain carbon farming activities or storage in certain products, to permanent storage in geological formations if the site for geological storage of CO2 is appropriately selected and managed. In order to ensure the integrity of the framework while supporting operators willing to make additional efforts to increase carbon sequestration or biogenic emission reductions in a sustainable way, the Union certification framework should clearly distinguish the different types of activities, their specificities and related environmental impacts. Therefore, this Regulation should clearly separate the definitions, the quality criteria and the rules on the use related to activities regarding carbon removals, carbon farming and carbon storage in products in the Union certification framework

Amendment  10

Proposal for a regulation

Recital 5 a (new)

 

Text proposed by the Commission

Amendment

 

(5a) Under the Union certification framework, activities that, under normal circumstances and using appropriate management practices, ensure the permanent storage of atmospheric or biogenic carbon for several centuries through geological storage of CO2, such as bioenergy with carbon capture and storage and direct air carbon capture and storage, or through permanently bound carbon mineralisation, should be considered permanent carbon removals. Activities related to land management in the subcategories of the land use, land use change and forestry  sector covered by Article 2(1) of Regulation (EU) 2018/841 or related to coastal management, that result in carbon sequestration, or activities that result in biogenic emission reductions, such as methane reductions from feed changes or manure management, or nitrous oxide reductions from fertiliser reductions or manure management, for a minimum period of at least five years, are considered carbon farming activities. Certain carbon farming activities, in particular peatland rewetting, can result in carbon sequestration once the peatland is fully restored, while reducing carbon emissions through well-managed restoration and rewetting in an initial phase. Certain other activities, such as those based on the use of biochar, can be categorised under different types of activities depending on the specific conditions under which the activities take place. In light of the uncertainties in the measuring and monitoring methodologies related to many potential applications of carbon storage in products in early development stages, the certification of carbon storage in products should initially be limited to harvested wood products or materials for construction storing atmospheric and biogenic carbon stored for at least five decades and should be based on the report to be presented by the Commission in accordance with Article 17(3) of Regulation (EU) 2018/841, while the possible benefits and trade-offs of the inclusion of other long-lived carbon storage products should be assessed by the Commission as part of the review of this Regulation.

Amendment  11

 

Proposal for a regulation

Recital 5 b (new)

 

Text proposed by the Commission

Amendment

 

(5b) The carbon removal certification framework should also provide the necessary flexibility to cater for regional, technical, structural and geophysical specificities, taking into account the variety of conditions in terms of production systems in the Member States and their regions.

Amendment  12

Proposal for a regulation

Recital 6

 

Text proposed by the Commission

Amendment

(6) This Regulation should set out the requirements under which carbon removals should be eligible for certification under the Union certification framework. To this end, carbon removals should be quantified in an 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.

(6) This Regulation should set out the requirements under which carbon removals, carbon farming or carbon storage in products should be eligible for certification under the Union certification framework. To this end, carbon removals, carbon farming sequestration, carbon farming emission reductions and carbon storage in products should comply with the criteria on issuance and use; be quantified in an accurate and robust way; and they should be generated only by activities that generate a net benefit, are additional, ensure permanent or long-term carbon farming sequestration and/or the reduction of greenhouse gas emissions, and comply with the monitoring and liability requirements, and have at least a neutral impact or co-benefit on sustainability objectives in accordance with the requirements set out in this Regulation. Furthermore, activities should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process, and the information relating to the certificates and certification process should be publicly available through a Union registry. 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.

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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).

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  13

Proposal for a regulation

Recital 7

 

Text proposed by the Commission

Amendment

(7) A carbon removal activity should result in a net carbon removal benefit showing that it delivers a positive climate impact. The net carbon removal benefit should be computed following two steps. First, operators should quantify the amount of additional carbon removals that a carbon removal activity has generated in comparison to a baseline. A standardised baseline reflecting the standard performance of comparable activities in similar social, economic, environmental and technological circumstances and geographical locations should be preferred because it ensures objectivity, minimises compliance and other administrative costs, and positively recognises the action of first movers who have already engaged in carbon removal activities. In the context of carbon farming, the use of available digital technologies, including electronic databases and geographic information systems, remote sensing, artificial intelligence and machine learning, and of electronic maps should be promoted to decrease the costs of establishing baselines and of monitoring carbon removal activities. However, where it is not possible to set such a standardised baseline, a project-specific baseline based on the operator’s individual performance may be used. In order to reflect the social, economic, environmental and technological developments and to encourage ambition over time in line with the Paris Agreement, baselines should be periodically updated.

(7) An activity should result in a net benefit showing that it delivers a positive climate impact. The calculation of the net benefit should be differentiated for permanent carbon removals, carbon farming sequestration, carbon farming, carbon, nitrogen or methane emission reductions and carbon storage in products, in order to take into account their fundamentally different characteristics, and should be computed following two steps. First, operators should quantify, as applicable, the amount of additional carbon removals, in the case of carbon removal activities, the amount of additional carbon sequestration, in the case of carbon farming sequestration activities or carbon storage in product activities, or the amount of additional biogenic emission reductions, in the case of carbon farming emission reductions, that an activity has generated in comparison to a baseline. A standardised baseline should be representative of the performance of common current practices of comparable activities in similar social, economic, environmental and technological circumstances and geographical locations should be preferred because it ensures objectivity, minimises compliance and other administrative costs, and positively recognises the action of first movers who have already engaged in carbon removal activities. In order to ensure the climate integrity of the framework, in the case of permanent carbon removals the standardised baseline should be representative of the state-of-the-art of comparable activities, and in the case of carbon farming activities, the calculation of a standardised baseline should exclude existing activities which have been identified as, in the case of carbon farming sequestration, not representing genuine sequestrations and instead resulting in net greenhouse gas emissions, and, in the case of carbon farming emission reductions, not representing genuine reductions and instead resulting in more rather than fewer emissions. In the context of carbon farming, the use of available digital technologies, including electronic databases and geographic information systems, remote sensing, novel in-field carbon quantification systems, artificial intelligence and machine learning, and of electronic maps should be promoted to decrease the costs of establishing baselines and of monitoring activities. However, where it is not possible to set such a standardised baseline, a project-specific baseline based on the operator’s individual performance may be used. In order to reflect the social, economic, environmental and technological developments and to encourage ambition over time in line with the Paris Agreement, baselines should be regularly reviewed by the Commission and updated at least every five years. However, in order to ensure a stable operational and investment environment for operators, once an activity has started, the baseline should remain constant for the operator for that activity throughout the monitoring period, and should be reviewed and updated only upon re-certification.

Amendment  14

Proposal for a regulation

Recital 8

 

Text proposed by the Commission

Amendment

(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 or energy, or indirect emissions, such as those resulting from land use change, with consequent risks for food security due to displacement of agricultural production. A reduction in greenhouse gas emissions resulting from the implementation of the carbon removal activity should not be taken into account to quantify the net carbon removal benefit, but should be considered as a co-benefit towards the sustainability objective of climate change mitigation; by being reported on the certificates, decreases in greenhouse gas emissions (like the other sustainability co-benefits) can increase the value of the certified carbon removals.

(8) The second step for quantifying the net benefit should consist of subtracting any increase in greenhouse gas emissions related to the entire life cycle of the implementation of the activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, chemicals, fuel or energy, or indirect emissions, such as those resulting from transportation, material inputs, displacement effects due to competing demand for energy or waste heat, or direct and indirect land use change with consequent risks for food security due to displacement of agricultural production, and should cover both the impacts within and outside the Union.

Amendment  15

Proposal for a regulation

Recital 9

 

Text proposed by the Commission

Amendment

(9) A carbon removal activity delivers a net carbon removal benefit when the carbon removals above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the carbon removal activity. For instance, in the case of activities that deliver permanent carbon storage by injecting carbon underground, the amount of permanently stored carbon should outweigh the energy-related greenhouse gas emissions from the industrial process. In the case of carbon farming, the carbon captured by an afforestation activity or the carbon kept in the ground by a peatland re-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.

(9) An activity delivers a net benefit when, respectively, the carbon removals, the carbon sequestration or the emission reductions above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the 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 during capture, transport and storage as well as the displacement effects due to competing demand for energy or waste heat. In the case of carbon farming sequestration, the carbon captured and sequestered 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 activity or the indirect land use change emissions that can be caused by carbon leakage. In the case of carbon farming emission reductions, the carbon emissions reduced by a peatland re-wetting activity should outweigh the emissions from the machinery used to carry out the activity or the indirect land use change emissions that can be caused by carbon leakage.

Amendment  16

Proposal for a regulation

Recital 10

 

Text proposed by the Commission

Amendment

(10) Carbon removals should be quantified in a relevant, accurate, 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.

(10) Activities should be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner. Uncertainties in the quantification should be duly reported and accounted as part of the certification methodologies, in a manner that is conservative, proportionate to the level of uncertainty, and in accordance with recognised statistical approaches and with the latest available scientific evidence, in order to limit the risk of overestimating the quantity of carbon dioxide removed from the atmosphere. Carbon sequestration and emission reductions generated by carbon farming should be quantified with a high level of accuracy to assure the highest quality and minimise uncertainties, based on the use of Tier 3 methodologies in accordance with the 2006 IPCC guidelines for National Greenhouse Gas inventories. 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 sinks 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  17

Proposal for a regulation

Recital 11

 

Text proposed by the Commission

Amendment

(11) In order to ensure that the Union certification framework channels incentives toward carbon removals that go beyond the standard practice, carbon removal activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. 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.

(11) In order to ensure that the Union certification framework channels incentives toward activities that go beyond the standard practice, activities should be additional. Therefore, these activities should go beyond statutory requirements at the level of the individual operator, that is, operators should carry out activities that are not already imposed upon them by the applicable law. In the case of carbon farming, such statutory requirements include relevant statutory management requirements and good agricultural and environmental conditions standards established under Title III, Chapter I, Section 2 of Regulation (EU) 2021/2115 and relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant statutory requirements established by Union and national law, applicable at the level of the operator. Moreover, activities should take place due to the incentive effect provided by the certification making the activity financially attractive. 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 activity to achieve additional net benefits.

Amendment  18

Proposal for a regulation

Recital 12

 

Text proposed by the Commission

Amendment

(12) A standardised baseline should reflect the statutory and market conditions in which the carbon removal activity takes place. If a carbon removal activity is imposed upon operators by the applicable law, or it does not need any incentives to take place, its performance will be reflected in the baseline. For this reason, a carbon removal activity that generates carbon removals in excess of such a baseline should be presumed to be additional. Hence, the use of a standardised baseline should simplify the demonstration of additionality for operators. Therefore, it should reduce the administrative burden of the certification process, which is particularly important in the case of small-scale land managers.

(12) A standardised baseline should reflect the statutory and market conditions in which the activity takes place. If an activity is imposed upon operators by the applicable law, its performance will be reflected in the baseline. For this reason, an activity that generates net benefits in excess of such a baseline should be presumed to be additional to statutory requirements. Hence, the use of a standardised baseline should simplify the demonstration of regulatory 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.

Amendment  19

Proposal for a regulation

Recital 13

 

Text proposed by the Commission

Amendment

(13) Atmospheric and biogenic carbon that is captured and stored through a carbon removal activity risks being released back into the atmosphere (e.g. reversal) due to natural or anthropogenic causes. Therefore, operators should take all relevant preventive measures to mitigate those risks and duly monitor that carbon continues to be stored over the monitoring period laid down for the relevant carbon removal activity. The validity of the certified carbon removals should depend on the expected duration of the storage and the different risks of reversal associated with the given carbon removal activity. Activities that store carbon in geological formations provide enough certainties on the very long-term duration of several centuries for the stored carbon and can be considered as providing permanent storage of carbon. Carbon farming or carbon storage in products are more exposed to the risk of voluntary or involuntary release of carbon into the atmosphere. To account for this risk, the validity of the certified carbon removals generated by carbon farming and carbon storage in products should be subject to an expiry date matching with the end of the relevant monitoring period. Thereafter, the carbon should be assumed to be released into the atmosphere, unless the economic operator proves the maintenance of the carbon storage through uninterrupted monitoring activities.

(13) Atmospheric and biogenic carbon that is captured and stored through an activity risks being released back into the atmosphere (e.g. reversal) due to natural causes, including extreme weather and force majeure events, 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 activity. The validity of the certificate should depend on the expected duration of the storage or biogenic emission reduction and the different risks of reversal associated with the given activity. Activities that store carbon in geological formations provide enough certainties on the very long-term duration of several centuries for the stored carbon and can be considered as providing permanent storage of carbon. Therefore, the monitoring period and requirements of the certified storage generated by permanent carbon removals should be consistent with the provisions set out in Articles 13, 17 and 18 of Directive 2009/31/EC. Carbon farming or carbon storage in products are more exposed to the risk of voluntary or involuntary release of carbon into the atmosphere. To account for this risk, the monitoring period of the certified sequestration or emission reduction generated by carbon farming should cover at least the entire period during which the results of the activity are projected to be sustained as set out in the applicable certification methodology, and the monitoring period of the certified sequestration generated by carbon storage in products should cover the entire lifetime of the product until and including the end of life of the product. However, in the case of carbon farming, in order to avoid an undue administrative burden on individual operators, the operator or group of operators should be able to opt to designate a legal person or relevant authority, such as the paying agency within the meaning of Article 9 of Regulation (EU) 2021/2116 of the European Parliament and of the Council1a in the case of carbon farming activities registered in the identification system for agricultural parcels, to be responsible for the monitoring, subject to all requirements under this Regulation being met.

 

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1a Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187).

Amendment  20

Proposal for a regulation

Recital 14

 

Text proposed by the Commission

Amendment

(14) In addition to measures taken to minimise the risk of carbon release into the atmosphere during the monitoring period, appropriate liability mechanisms should be introduced to address cases of reversal. Such mechanisms could include e.g. discounting of carbon removal units, collective buffers or accounts of carbon removal units, and up-front insurance mechanisms. Since liability mechanisms in respect of geological storage and CO2 leakage, and relevant corrective measures have already been laid down by Directive 2003/87/EC and Directive 2009/31/EC of the European Parliament and of the Council27, those liability mechanisms and corrective measures should apply to avoid double regulation.

(14) In addition to measures taken to minimise the risk of carbon release into the atmosphere during the monitoring period, appropriate liability mechanisms should be introduced and a liable natural or legal person should be designated to be responsible for addressing cases of reversal. To avoid double regulation for permanent carbon removal activities, the liability mechanism should be consistent with the liability mechanism set out in Directive 2009/31/EC , while for carbon farming activities, the liability mechanism should be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon sequestration is generated as compensation for the reversal. Such mechanisms could include e.g. discounting of carbon removal units, collective buffers or accounts of carbon removal units, a percentage of credits to be put in a pool managed by the certification scheme in the case of carbon farming activities, and up-front insurance mechanisms. In order to ensure that liability mechanisms continue to be fit for purpose, certification schemes should continuously monitor and ensure the availability and readiness of the liability mechanisms throughout the monitoring period of an activity.

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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).

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  21

Proposal for a regulation

Recital 14 a (new)

 

Text proposed by the Commission

Amendment

 

(14a)  To account for the risk of reversal and ensure the climate integrity of the framework, the certified units should be suspended in the registry until the reversal has been addressed through the liability mechanism. Where a reversal has not been addressed through the liability mechanism within a reasonable timeframe, the validity of the certificate should expire and the corresponding units should be cancelled from the registry and the operator or group of operators should be subject to a corrective penalty reflecting the carbon cost of the amount of carbon released to the atmosphere. For carbon farming activities and carbon storage in products, the validity of the certified units should be subject to an expiry date that corresponds to the end of the relevant monitoring period. Thereafter, or in the event that the monitoring is discontinued before the end of the monitoring period, the net benefit generated by the activity should be assumed to be released to the atmosphere and the corresponding units should be cancelled in the registry, unless the economic operator proves the maintenance of the carbon storage through uninterrupted monitoring activities.

Amendment  22

Proposal for a regulation

Recital 15

 

Text proposed by the Commission

Amendment

(15) Carbon removal activities have a strong potential to deliver win-win solutions for sustainability, even if trade-offs cannot be excluded. Therefore, it is appropriate to establish minimum sustainability requirements to ensure that carbon removal activities have a neutral impact or generate co-benefits for the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection of water and marine resources, the transition to a circular economy, and pollution prevention and control. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, build on the technical screening criteria for Do Not Significant Harm concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928, and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council29. Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification.

(15) Carbon removal, carbon farming and carbon storage in product activities have a strong potential to deliver win-win solutions for sustainability, even if trade-offs cannot be excluded. Therefore, it is appropriate to establish minimum sustainability requirements to ensure that carbon removal activities have at least a neutral impact or generate co-benefits for the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection of water and marine resources, the transition to a circular economy, and pollution prevention and control, to ensure that carbon farming activities generate co-benefits for at least the sustainability objective of protection and restoration of biodiversity and ecosystems and have at least a neutral impact on the sustainability objectives of climate change mitigation and adaptation, the sustainable use and protection or improvement of water quality and marine resources, the transition to a circular economy, pollution prevention and control and prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota, and to ensure that carbon storage in products activities generate co-benefits for at least one, and have at least a neutral impact on the rest, of the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection or improvement of water quality and marine resources, the transition to a circular economy, pollution prevention and control and prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota. Those sustainability requirements should, as appropriate, take into account the impacts both within and outside the Union as well as local conditions, and be consistent with the technical screening criteria for the ‘do no significant harm’ principle concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928, and should promote the sustainability criteria for forest and agriculture biomass raw material in accordance with the sustainability and greenhouse gas saving criteria for biomass 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.

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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).

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).

29 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

Amendment  23

Proposal for a regulation

Recital 15 a (new)

 

Text proposed by the Commission

Amendment

 

(15a) Furthermore, carbon farming activities should not negatively affect the Union’s food security and should not lead to land grabbing or land speculation. Such activities should respect the rights of local communities and indigenous people that they affect, both within and outside the Union, as well as the balance between the environmental, economic and social impact on local communities and small-scale land managers.

Amendment  24

Proposal for a regulation

Recital 16

 

Text proposed by the Commission

Amendment

(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 .

(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. The Commission should, after consulting the Platform and within 6 months of the entry into force of this Regulation, publish guidance to inform potential carbon farming operators or groups of operators about those carbon farming activities that are to be prioritised in the preparation of the certification methodologies.

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30 Communication from the Commission, Sustainable Carbon Cycles, COM (2021) 800.

 

Amendment  25

Proposal for a regulation

Recital 17

 

Text proposed by the Commission

Amendment

(17) Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements. To this end, their reporting should comply with the certification methodologies tailored to the different carbon removal activities, developed by the Commission. Certification methodologies should, as much as possible, incentivise the generation of co-benefits for biodiversity going beyond the minimum sustainability requirements. These additional co-benefits will give more economic value to the certified carbon removals and will result in higher revenues for the operators. In the light of these considerations, it is appropriate for the Commission to prioritise the development of tailored certification methodologies on carbon farming activities that provide significant co-benefits for biodiversity.

(17) Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements and certificates should clearly indicate the positive co-benefits generated by an activity, where applicable. To this end, their reporting should comply with the certification methodologies tailored to the different activities, developed by the Commission. Certification methodologies should, as much as possible, incentivise the generation of co-benefits for biodiversity going beyond the minimum sustainability requirements and, in the case of carbon farming activities, provide for the possibility of generating a carbon farming premium for such co-benefits. These additional co-benefits will give more economic value to the certified activities and will result in higher revenues for the operators. In the light of these considerations, the Commission should prioritise the development of tailored certification methodologies on those types of activities that are the most mature, have the potential for generating the largest net benefits and  the potential to provide the largest co-benefits. In the case of carbon farming activities, such prioritisation should in addition take into account whether the activities contribute to sustainable management of agricultural land and forests.

Amendment  26

Proposal for a regulation

Recital 18

 

Text proposed by the Commission

Amendment

(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities. Those methodologies should be developed in close consultation with the Expert Group on Carbon Removals and all other interested actors. They need to be based on the best available scientific evidence, build upon existing public and private schemes and methodologies for carbon removal certification, and take into account any relevant standard and rules adopted at national and Union level.

(18) It is appropriate to develop detailed certification methodologies for the different 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 benefit generated by the activity, be easy to use and developed in a manner that facilitates the verification of their compliance, and avoid creating a disproportionate administrative and financial burden for operators or group of operators, in particular for small farmers and forest holders and for small and medium enterprises, without compromising the quality of the carbon removals or co-benefits. 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 Platform on Carbon Removals , Carbon Farming and Carbon Storage in Product Activities and all other interested actors. They need to be based on a thorough impact assessment based on the best available scientific evidence and a minimum four-week public consultation period, and build upon existing public and private schemes and methodologies for certification where those comply with the requirements and criteria set out in this Regulation, and take into account any relevant standard and rules adopted at national, Union and international level.

Amendment  27

Proposal for a regulation

Recital 19

 

Text proposed by the Commission

Amendment

(19) In order to ensure a credible and reliable certification process, carbon removal activities should be subject to independent third-party auditing. In particular, carbon removal activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net carbon removal benefit. Carbon removal 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.

(19) In order to ensure a credible and reliable certification process, activities should be subject to independent third-party auditing. In particular, all activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net benefit. All activities should also be subject to periodic re-certification audits at least every five years for carbon farming activities, and at least every 10 years for other activities, following a risk-based approach, to verify the compliance of the generated carbon removals, carbon farming sequestration, carbon farming emission reductions or carbon storage in products. 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 activity, and in the certification and re-certification audit reports.

Amendment  28

Proposal for a regulation

Recital 20

 

Text proposed by the Commission

Amendment

(20) Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of the carbon removals 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 removal 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.

(20) Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of carbon farming 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 farming 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 and, where relevant, support them with guidance and resources. The Common Agricultural Policy and national State aid, as well as other financial instruments, can support financially the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters. In cases of tenancy, the scheme should provide appropriate financial benefits or rewards for the manager of the land doing the work.

Amendment  29

Proposal for a regulation

Recital 20 a (new)

 

Text proposed by the Commission

Amendment

 

(20a)  All removals, sequestration and biogenic emission reductions generated under this Regulation should contribute to achieving the Union’s nationally determined contributions (NDCs) or climate targets and objectives. However, in order to avoid double counting, a certified unit should not be used or claimed by more than one natural or legal person, such as undertakings or public authorities other than a Member State, like city councils or other municipalities, at any point in time, and should not be counted towards more than one Member State’s greenhouse gas inventories at any point in time.

Amendment  30

 

Proposal for a regulation

Recital 20 b (new)

 

Text proposed by the Commission

Amendment

 

(20b) The existing advisory services in agriculture and forestry, such as the Agricultural Knowledge and Innovation System (AKIS), should also contribute to broader knowledge and information to support sustainable practices that enhance carbon sequestration while promoting biodiversity and nature restoration, and to ensure easy access to this information including the use of digital solutions where relevant. AKIS should also set up a knowledge-sharing digital platform, providing technical advice to land managers and providing feedback to Member States.

Amendment  31

 

Proposal for a regulation

Recital 20 c (new)

 

Text proposed by the Commission

Amendment

 

(20c) The Commission should also support capacity building in Member States through adequate investments in training and educational programmes, including to potential public and private stakeholders and their workforce. Such support should also take into account the diverging realities of Member States and regions, including by identifying the best suited activities with regard to the different specificities.

Amendment  32

Proposal for a regulation

Recital 21

 

Text proposed by the Commission

Amendment

(21) It is appropriate that carbon removal certificates underpin different end-uses, such as the compilation of national and corporate greenhouse gas inventories, including with regard to Regulation (EU) 2018/841 of the European Parliament and of the Council31, the proof of climate-related and other environmental corporate claims (including on biodiversity), or the exchange of verified carbon removal units through voluntary carbon offsetting markets. To this end, the 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.

(21) The different end-uses of certified units, such as the compilation of national and corporate greenhouse gas inventories, including with regard to Regulation (EU) 2018/841 of the European Parliament and of the Council31, the proof of climate-related and other environmental corporate claims (including on biodiversity), or the exchange of verified units through voluntary markets, should be regulated through this Regulation. The use of units certified under this Regulation by an undertaking for voluntary compensation, offset or reduction claims in its corporate greenhouse gas inventory reporting should be the same as that set in Directive (EU).../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition], which prohibits the use of certified units for claiming that, based on greenhouse gas emissions offsetting, a product or a company has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions. In addition, for the possible future use of certified units towards the compliance with the Union and national climate framework, the Commission should by...[12 months from the date of entry into force of this Regulation] assess and, where appropriate, present a legislative proposal on the establishment of Union targets for permanent carbon removals and for land-based sequestration, and should, in accordance with Directive 2003/87/EC, by 31 July 2026 assess how permanent carbon storage could be accounted for and how those negative emissions could be covered by emissions trading, and, where appropriate, present a legislative proposal in that regard. To this end, carbon removal units, carbon farming sequestration units, carbon farming emission reduction units and carbon storage in product units should remain distinct from each other and the certificate should contain accurate and transparent information on the activity, including the type of activity, the storage medium and expected duration of the results, the total removals, sequestration or biogenic emission reductions, as appropriate, the net benefit, the detailed liability mechanism and liable legal or natural person, evidence that the activity meets the sustainability objectives and the quantity of units certified 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.

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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).

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).

 

31a Directive (EU) 2022/2464 of the European Parliament and of the Council of 14 December 2022 amending Regulation (EU) No 537/2014, Directive 2004/109/EC, Directive 2006/43/EC and Directive 2013/34/EU, as regards corporate sustainability reporting (OJ L 322, 16.12.2022, p. 15).

 

31b Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).

Amendment  33

Proposal for a regulation

Recital 22

 

Text proposed by the Commission

Amendment

(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of carbon removal activities should have the required competences and skills and should be accredited by national accreditation authorities pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council32 . To avoid possible conflicts of interest, the certification bodies should also be completely independent from the operator carrying out the carbon removal activity that is subject to the certification. 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.

(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of 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 legally and financially independent from the operator carrying out the activity that is subject to the certification. In addition, Member States and, where applicable, regional authorities, 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.

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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).

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  34

Proposal for a regulation

Recital 23

 

Text proposed by the Commission

Amendment

(23) Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified carbon removal units, notably by avoiding double counting. 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.

(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 units generated 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  35

Proposal for a regulation

Recital 24

 

Text proposed by the Commission

Amendment

(24) In order to ensure a reliable and harmonised control of certification, the Commission should be able to adopt decisions recognising certification schemes that meet the requirements set out in this Regulation, including with respect to technical competence, reliability, transparency and independent auditing. Such recognition decisions should be limited in time. To this end, the Commission should be empowered to adopt implementing acts on the content and processes of Union recognition of certification schemes.

(24) In order to ensure a reliable and harmonised control of certification, the Commission should be able to adopt decisions recognising certification schemes that meet the requirements set out in this Regulation, including with respect to technical competence, reliability, transparency and independent auditing. Such recognition decisions should be limited in time and should be made publicly available. To this end, the Commission should be empowered to adopt implementing acts on the content and processes of Union recognition of certification schemes.

 

Amendment  36

Proposal for a regulation

Recital 26

 

Text proposed by the Commission

Amendment

(26) Certification schemes should establish and maintain interoperable public registries in order to ensure transparency and full traceability of carbon removal certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same carbon removal activity because the activity has been registered under two different certification schemes or has been registered twice under the same scheme. Fraud may also occur when the same certificate is used several times to make the same claim based on a carbon removal activity or a carbon removal unit. The registries should store the documents resulting from the certification process of carbon removals, including summaries of certification audits and re-certification audit reports, the certificates and updated certificates, and make them publicly available in electronic form. The registries should also record the certified carbon removal units that meet the Union quality criteria. In order to ensure a level playing field within the single market, the Commission should be empowered to adopt implementing rules setting out standards and technical rules on the functioning and the inter-operability of those registries.

(26) The Commission should establish and maintain an interoperable and public Union registry in order to ensure transparency, trustworthiness and full traceability of certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same 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 an activity or unit. 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 should include the documents resulting from the certification process, including certification audits and re-certification audit reports, the certificates and updated certificates and the information included therein, the current status of a certified unit, for example whether active, retired/in use, or expired, the log of transactions and, if applicable, the current holder and purpose for which the certificate is held and the price paid to the operator. 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 on the structure, format and technical details of the Union registry and the rules and procedures for certification schemes to provide the information to the Union registry.

Amendment  37

Proposal for a regulation

Recital 27

 

Text proposed by the Commission

Amendment

(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 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.

(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 necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information, in order to increase public transparency, trust, traceability and scrutiny, 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  38

Proposal for a regulation

Recital 28

 

Text proposed by the Commission

Amendment

(28) To enable operators to apply the quality criteria set out in this Regulation in a standardised and cost-effective way, while taking into account the specific characteristics of different carbon removal activities, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement this Regulation by establishing detailed certification methodologies for different types of carbon removal activities. The Commission should also be able to amend Annex II listing the minimum information to be contained in the certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making34 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

(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 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 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 through public consultations for all draft delegated acts for a period of at least four weeks, 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.

Amendment  39

Proposal for a regulation

Recital 30

 

Text proposed by the Commission

Amendment

(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.

(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, carbon farming and carbon storage in products, and food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.

Amendment  40

Proposal for a regulation

Recital 31

 

Text proposed by the Commission

Amendment

(31) The objectives of this Regulation, namely to promote the deployment of high quality carbon removals while minimising the risk of greenwashing, cannot be sufficiently achieved by the Member States alone, and by reason of the scale and effects of the proposed action, those objectives can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,

(31) The objectives of this Regulation, namely to promote the deployment of high quality carbon removals and carbon farming while minimising the risk of greenwashing, cannot be sufficiently achieved by the Member States alone, and by reason of the scale and effects of the proposed action, those objectives can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,

 

Amendment  41

Proposal for a regulation

Article 1 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. The objective of this Regulation is to facilitate the deployment of carbon removals by operators or groups of operators. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:

1. The objective of this Regulation is to facilitate and encourage the deployment and enhancement of carbon removals, carbon farming and carbon storage in products by operators or groups of operators as a complement to the irreversible and gradual reduction of anthropogenic greenhouse gas emissions across all sectors to meet the objectives and targets laid down in Regulation (EU) 2021/1119 and the goals of the Paris Agreement. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals,  carbon farming and carbon storage in products by laying down:

Amendment  42

Proposal for a regulation

Article 1 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) quality criteria for carbon removal activities that take place in the Union;

(a) quality criteria for  activities that take place in the Union;

Amendment  43

Proposal for a regulation

Article 1 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) rules for the verification and certification of carbon removals;

(b) rules for the verification and certification of activities;

 

Amendment  44

Proposal for a regulation

Article 1 – paragraph 1 – point c a (new)

 

Text proposed by the Commission

Amendment

 

(ca) rules on the issuance and use of certified units;

Amendment  45

Proposal for a regulation

Article 1 – paragraph 2

 

Text proposed by the Commission

Amendment

2. This voluntary Union framework for the certification of carbon removals 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.

2. This voluntary Union framework for the certification of carbon removals, carbon farming and carbon storage in products 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 meet the sustainability criteria and greenhouse gas emission saving criteria established under Directive (EU) 2018/2001 and are zero-rated in accordance with Annex IV of Directive 2003/87/EC.

Amendment  46

Proposal for a regulation

Article 1 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Where a legally binding agreement has been concluded between the Union and a third country concerning atmospheric or biogenic carbon captured in the Union but geologically stored in a Member of the EEA, or in a third country bordering the Union, and that Member of the EEA or that country applies the same legal requirements as those set out in Directive 2009/31/EC, this Regulation shall apply to those captured emissions.

Amendment  47

Proposal for a regulation

Article 2 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) ‘carbon removal’ means either the storage of atmospheric or biogenic carbon within geological carbon pools, biogenic carbon pools, long-lasting products and materials, and the marine environment, or the reduction of carbon release from a biogenic carbon pool to the atmosphere;

(a) ‘carbon removal’ means the permanent storage of atmospheric or biogenic carbon for several centuries, which is not combined with Enhanced Hydrocarbon Recovery

Amendment  48

Proposal for a regulation

Article 2 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) ‘carbon farming emission reduction’ means an activity consisting of one or more carbon farming practices or processes carried out by an operator that results in the reduction of carbon release from a biogenic carbon pool, the reduction of nitrous oxide release from agriculture soils or manure management, or the reduction of methane release from enteric fermentation or manure management to the atmosphere through a carbon farming activity;

Amendment  49

Proposal for a regulation

Article 2 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) ‘carbon removal activity’ means one or more practices or processes carried out by an operator resulting in permanent carbon storage, enhancing carbon capture in a biogenic carbon pool, reducing the release of carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long-lasting products or materials;

deleted

Amendment  50

Proposal for a regulation

Article 2 – paragraph 1 – point c

 

Text proposed by the Commission

Amendment

(c) ‘biogenic carbon pool’ means above-ground biomass, below-ground biomass, litter, dead wood and soil organic carbon as set out in points (a) to (e) of Part B of Annex I to Regulation 2018/841;

(c) ‘biogenic carbon pool’ means living biomass, litter, dead wood, dead organic matter, mineral soils and organic soils as set out in points (a) to (f) of Part B of Annex I to Regulation 2018/841;

Amendment  51

Proposal for a regulation

Article 2 – paragraph 1 – point d

 

Text proposed by the Commission

Amendment

(d) ‘operator’ means any legal or physical person who operates or controls a carbon removal activity, or to whom decisive economic power over the technical functioning of the activity has been delegated;

(d) ‘operator’ means any legal or natural person who operates or controls a an activity, including public entities and public authorities, or to whom decisive economic power over the technical functioning of the activity has been delegated; in the case of a carbon farming activity, an operator is a farmer as defined in Article 3(1) of Regulation (EU) 2021/2115 or a forest owner or manager as defined by national law, or a public entity or public authority;

Amendment  52

Proposal for a regulation

Article 2 – paragraph 1 – point e

 

Text proposed by the Commission

Amendment

(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;

(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 a carbon farming activity, ‘group of operators’ means a cooperative or a  legal entity that represents more than one farmer, forest owner or manager, or public entities or public authorities, or producer organisations or producer groups;

Amendment  53

Proposal for a regulation

Article 2 – paragraph 1 – point f

 

Text proposed by the Commission

Amendment

(f) ‘monitoring period’ means a period, the duration of which is determined in accordance to the type of carbon removal activity, over which the storage of carbon is monitored by the operator;

(f) ‘monitoring period’ means a period, the duration of which is determined for each type of activity in accordance with Article 6, over which the storage of carbon is monitored by the operator or group of operators and during which the operator remains liable;

Amendment  54

Proposal for a regulation

Article 2 – paragraph 1 – point g

 

Text proposed by the Commission

Amendment

(g) ‘permanent carbon storage’ means a carbon removal activity that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries, including bioenergy with carbon capture and storage and direct air carbon capture and storage;

(g) ‘permanent carbon storage’ means an activity consisting of one or more practices or processes carried out by an operator that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries through geological storage of CO2 or permanently bound carbon mineralisation;

Amendment  55

Proposal for a regulation

Article 2 – paragraph 1 – point h

 

Text proposed by the Commission

Amendment

(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;

(h) ‘carbon farming’ means  an activity related to land management,  coastal management or animal husbandry, that results in carbon farming sequestration or carbon farming emission reductions for a period of at least five years;

Amendment  56

Proposal for a regulation

Article 2 – paragraph 1 – point h a (new)

 

Text proposed by the Commission

Amendment

 

(ha) ‘carbon farming sequestration ’ means an activity related to land management in the subcategories of the land use, land use change and forestry  sector covered by Article 2(1) of Regulation (EU) 2018/841, as amended by Regulation (EU) 2023/839, or related to coastal management, consisting of one or more carbon farming practices or processes carried out by an operator that results in the increase of atmospheric or biogenic carbon stored in biogenic carbon pools by enhancing carbon capture, as defined per activity in the certification methodology;

Amendment  57

Proposal for a regulation

Article 2 – paragraph 1 – point i

 

Text proposed by the Commission

Amendment

(i) ‘carbon storage in products’ means a carbon removal activity that stores atmospheric and biogenic carbon in long-lasting products or materials;

(i) ‘carbon storage in products’ means an activity consisting of one or more practices or processes carried out by an operator which ensures long-term storage of atmospheric and biogenic carbon in long-lasting harvested wood products or materials for construction for at least five decades in a manner consistent with other Union environmental objectives, as well as Regulation (EU) 2018/841 and IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement;

Amendment  58

Proposal for a regulation

Article 2 – paragraph 1 – point i a (new)

 

Text proposed by the Commission

Amendment

 

(ia) ‘geological storage of CO2’ means geological storage of CO2 as defined in Article 3(1) of Directive 2009/31/EC;

 

Amendment  59

Proposal for a regulation

Article 2 – paragraph 1 – point n

 

Text proposed by the Commission

Amendment

(n) ‘certificate’ means a conformity statement issued by the certification body certifying that the carbon removal activity complies with this Regulation;

(n) ‘certificate’ means a conformity statement issued by the certification body certifying that the activity complies with this Regulation;

Amendment  60

Proposal for a regulation

Article 2 – paragraph 1 – point o

 

Text proposed by the Commission

Amendment

(o) ‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by a carbon removal activity and registered by a certification scheme.

(o) ‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by carbon removals and registered by a certification scheme.

Amendment  61

Proposal for a regulation

Article 2 – paragraph 1 – point o a (new)

 

Text proposed by the Commission

Amendment

 

(oa) ‘reversal’ means the voluntary or involuntary release of carbon back into the atmosphere; in the case of geological storage of CO2, ‘reversal’ has the same meaning as leakage as defined in Article 3(5) of Directive 2009/31/EC or during CO2 transportation;

Amendment  62

Proposal for a regulation

Article 2 – paragraph 1 – point o b (new)

 

Text proposed by the Commission

Amendment

 

(ob) ‘carbon farming sequestration unit’ means one tonne of certified net carbon farming sequestration benefit generated by carbon farming sequestration;

Amendment  63

Proposal for a regulation

Article 2 – paragraph 1 – point o c (new)

 

Text proposed by the Commission

Amendment

 

(oc) ‘carbon storage product unit’ means one tonne of certified net carbon product sequestration benefit generated by carbon storage in products and registered by a certification scheme;

Amendment  64

Proposal for a regulation

Article 2 – paragraph 1 – point o d (new)

 

Text proposed by the Commission

Amendment

 

(od)  ‘carbon farming emission reduction unit’ means one tonne of certified net carbon farming carbon reduction, net carbon farming nitrogen reduction or net carbon farming methane reduction benefit generated by carbon farming emission reduction and registered by a certification scheme, and separated and identified either as a ‘carbon farming emission reduction unit - carbon’, ‘carbon farming emission reduction unit - nitrogen’, or ‘carbon farming emission reduction unit - methane’;

Amendment  65

Proposal for a regulation

Article 3 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

Carbon removals shall be eligible for certification under this Regulation where they meet both of the following conditions:

Carbon removals, carbon farming or carbon storage in products shall be eligible for certification under this Regulation where they meet both of the following conditions:

Amendment  66

Proposal for a regulation

Article 3 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) they are generated from a carbon removal activity that complies with the quality criteria set out in Articles 4 to 7;

(a) they comply with the quality criteria set out in Articles 4 to 7;

Amendment  67

Proposal for a regulation

Article 3 – paragraph 1 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) they comply with the rules on use of units set out in Article 3a;

Amendment  68

Proposal for a regulation

Article 3 a (new)

 

Text proposed by the Commission

Amendment

 

Article 3a

 

Rules on the issuance and use of units

 

1.  Carbon farming sequestration and emission reduction units shall be issued by 31 December each year, provided that an annual monitoring check does not show any non-compliance with the requirements set out in this Regulation and does not show a reversal. The certification body shall be responsible for the annual monitoring check based on reliable real-world data, which may be provided by a legal person or relevant authority, such as the paying agency, with the aid of the identification system for agricultural parcels provided for in Article 68 of Regulation (EU) 2021/2116. The annual monitoring check shall be performed by 15 October each year. The certification body shall transmit data on any non-compliance or reversal to the certification scheme within one month of the monitoring check.

 

2. Any use of units shall ensure the highest integrity of climate mitigation and shall lead to an overall lower concentration of greenhouse gas emissions in the atmosphere. All removals, sequestration and emission reductions generated under this Regulation shall contribute to achieving the Union’s nationally determined contributions (NDCs) and climate targets and objectives as set out in Regulation (EU) 2021/1119 and shall not contribute to a third country’s NDC.

 

3. A certified unit shall not be used or claimed by more than one legal or natural person at any point in time, and shall not be counted towards more than one Member State’s greenhouse gas inventory at any point in time;

 

4. Carbon removal units, carbon farming sequestration units, carbon farming emission reduction units and carbon storage in product units shall remain distinct from each other.

 

5.  The use by an undertaking of units certified under this Regulation for voluntary compensation, offset or reduction claims in its corporate greenhouse gas inventory reporting shall be subject to the same conditions as those laid down for the use of units for corporate business-to-consumer commercial practices in Directive 2005/29/EC as amended by Directive (EU) .../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition]. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the details of this paragraph.

 

6. In accordance with the review clause set out in Article 30(5) of Directive 2003/87/EC, by 31 July 2026, the Commission shall report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal and impact assessment, on how negative emissions resulting from greenhouse gases that are removed from the atmosphere and safely and permanently stored could be accounted for and how those negative emissions could be covered by emissions trading, if appropriate, including a clear scope and strict criteria for such coverage, and safeguards to ensure that such removals do not offset necessary emission reductions in accordance with Union climate targets laid down in Regulation (EU) 2021/1119;

 

Amendment  69

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 1

 

Text proposed by the Commission

Amendment

Net carbon removal benefit = CRbaseline – CRtotalGHGincrease > 0

Net carbon removal benefit = CRbaseline – CRtotalGHGassociated > 0

Amendment  70

Proposal for a regulation

Article 4 – paragraph 1 – subparagraph 2 – point c

 

Text proposed by the Commission

Amendment

(c) GHGincrease is the increase in direct and indirect greenhouse gas emissions, other than those from biogenic carbon pools in the case of carbon farming, which are due to the implementation of the carbon removal activity.

(c) GHGassociated is the increase in direct and indirect greenhouse gas emissions, over the entire life cycle of the activity which are due to the implementation of the carbon removal activity, calculated in accordance with protocols set forth in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories. This includes, among others, emissions due to energy use, transportation, material inputs, displacement effects due to competing demand for energy or waste heat, and direct and indirect land use change, and covers both impacts within and outside the Union. The certification of a carbon removal activity based on the storage of CO2 from sustainable biomass shall not lead to an increase of the capacity of the plant beyond what is necessary for the carbon capture and storage.

Amendment  71

Proposal for a regulation

Article 4 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

2. A carbon farming activity shall provide net benefits, which shall be quantified using the following formulas:

 

Net carbon farming sequestration benefit = (CSbaseline – CStotal) – GHGassociated > 0, where:

 

(a) CSbaseline is the carbon sequestration under the baseline,

 

(b) CStotal is the total carbon sequestration of the carbon farming activity,

 

(c) GHGassociated is the direct and indirect greenhouse gas emissions over the entire life cycle of the activity, which are due to the implementation of the carbon farming activity. This includes, among others, emissions due to energy use, transportation, material inputs, and direct and indirect land use change, and covers both impacts within and outside the Union.

 

Net carbon farming carbon reduction benefit =  (RCbaseline – RCtotal – GHGassociated) > 0

 

Net carbon farming nitrogen reduction benefit = (N2Obaseline – N2Otota– GHGassociated)  > 0

 

Net carbon farming methane reduction benefit = (CH4baseline - CH4total– GHGassociated) > 0

 

where:

 

(a) RCbaseline is the carbon emissions under the baseline;

 

(b) RCtotal is the total reduction in carbon emissions achieved through the implementation of the carbon farming activity,

 

(c) GHGassociated is the direct and indirect greenhouse gas emissions over the entire life cycle of the activity, which are due to the implementation of the carbon farming activity. This includes, among others, emissions due to energy use, transportation, material inputs, and direct and indirect land use change, and covers both impacts within and outside the Union;

 

(d) N2Obaseline is the N2O emissions under the baseline due to the use of fertiliser or manure;

 

(e) N2Ototal is the total reduction in N2O emissions due to the use of fertiliser or manure management that is directly attributable to the activity;

 

(f) CH4baseline is the CH4 emissions under the baseline due to enteric fermentation or manure management;

 

(g) CH4total is the total reduction in CH4 emissions due to enteric fermentation or manure management that is directly attributable to the activity;

 

Where the activity generates both carbon farming sequestration and carbon farming emission reductions, the registry referred to in Article 12 shall ensure that a distinction is made between the corresponding carbon farming sequestration units and carbon farming emission reduction units.

 

In the case of carbon farming, the scope of the quantities referred to in CSbaseline and CStotal corresponds to the net greenhouse gas removals included in the scope of Regulation (EU) 2018/841, and the scope of the quantities referred to in RCbaseline and RCtotal corresponds to the net greenhouse gas emissions from biogenic carbon pools as set out in points (e) to (f) of Section B of Annex I to Regulation (EU) 2018/841.

 

The scope of the quantities referred to in N2Obaseline and N2Ototal corresponds to the greenhouse gas emissions from the IPCC source category 4B 10 – 12 (manure management) and 4D (agricultural soils).

 

The scope of the quantities referred to in CH4baseline and CH4total corresponds to the greenhouse gas emissions from the IPCC source categories 4A (enteric fermentation) and 4B 1 - 9 (manure management).

Amendment  72

Proposal for a regulation

Article 4 – paragraph 2a

 

Text proposed by the Commission

Amendment

 

2a. A carbon storage in products activity shall provide a net carbon storage in products benefit, which shall be quantified using the formula:

 

Net carbon product sequestration benefit = CPSbaseline – CPStotal – GHGassociated > 0

 

(a) CPSbaseline is the carbon sequestered in a product under the baseline;

 

(b) CPStotal is the total carbon sequestered in the product of the activity;

 

(c) GHGassociated is the increase in direct and indirect greenhouse gas emissions, over the entire life cycle of the activity which are due to the implementation of the carbon removal activity. This includes, among others, emissions due to energy use, transportation, material inputs, displacement effects due to competing demand for energy or waste heat, and direct and indirect land use change, and covers both impacts within and outside the Union.

Amendment  73

Proposal for a regulation

Article 4 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Quantities referred to in paragraph 1, points (a), (b) and (c), shall be designated with a negative sign (-) if they are net greenhouse gas removals and with a positive sign (+) if they are net greenhouse gas emissions ; they shall be expressed in tonnes of carbon dioxide equivalent.

3. Quantities referred to in paragraph 1 points (a), (b) and (c), in paragraph 2, points (a), (b), (c), (d),  (e), (f) and (g), and in paragraph 2a, points (a), (b) and (c), shall be designated with a negative sign (-) if they are net greenhouse gas removals or, in the case of carbon farming emission reductions, net greenhouse gas reductions, and with a positive sign (+) if they are net greenhouse gas emissions, they shall be expressed in tonnes of carbon dioxide equivalent.

Amendment  74

Proposal for a regulation

Article 4 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Carbon removals shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner.

4. Carbon removals, carbon farming and carbon storage in products shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner. Uncertainties in the quantification of carbon removals shall be duly reported and accounted as part of the certification methodologies, in a manner that is conservative, proportionate to the level of uncertainty, and in accordance with recognised statistical approaches and the latest available scientific evidence.

Amendment  75

Proposal for a regulation

Article 4 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The baseline shall correspond to the standard carbon removal performance of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.

5. In the case of carbon removals or carbon storage in products, the standardised baseline shall be representative of the state-of-the-art performance of common current practices of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.

Amendment  76

Proposal for a regulation

Article 4 – paragraph 5 a

 

Text proposed by the Commission

Amendment

 

5a. In the case of carbon farming, the standardised baseline shall be representative of the performance of common current practices of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context. In the case of carbon farming sequestration, the calculation of the standardised baseline shall not take into account those common current practices of comparable carbon farming sequestration activities that result in net greenhouse gas emissions. In the case of carbon farming emission reduction, the calculation of the standardised baseline shall not take into account those common current practices of comparable carbon farming emission reduction activities that result in increased net greenhouse gas emissions. The respective methodologies shall differentiate between static or dynamic baselines where necessary.

Amendment  77

Proposal for a regulation

Article 4 – paragraph 6

 

Text proposed by the Commission

Amendment

6. By way of derogation from paragraph 5, where duly justified, the baseline may be based on the individual carbon removal performance of that activity.

6. By way of derogation from paragraph 5, where duly justified in the applicable certification methodology by the absence of sufficient comparable activities to be able to set a representative baseline, the baseline may be based on the individual performance of that activity at the start of that activity.

Amendment  78

Proposal for a regulation

Article 4 – paragraph 7

 

Text proposed by the Commission

Amendment

7. The baseline shall be periodically updated.

7. The baseline shall be regularly reviewed and updated by the Commission at least every five years. The baseline shall remain constant for the operator throughout the monitoring period once an activity has started, but shall be reviewed and updated upon re-certification.

Amendment  79

Proposal for a regulation

Article 4 – paragraph 8

 

Text proposed by the Commission

Amendment

8. The quantification of the carbon removals shall account for uncertainties in accordance with recognised statistical approaches.

deleted

Amendment  80

Proposal for a regulation

Article 4 – paragraph 9

 

Text proposed by the Commission

Amendment

9. To support the quantification of carbon removals generated by carbon farming, the operator or group of operators shall gather data on carbon removals and greenhouse gas emissions in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999.

9. To support the quantification of carbon farming, the operator or group of operators shall gather data on carbon sequestration and greenhouse gas emissions based on the use of Tier 3 methodologies in accordance with the 2006 IPCC guidelines for National Greenhouse  Gas inventories, and in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999, taking into account the objective of minimising the administrative burden for small-scale operators in accordance with Article 8(3) of this Regulation.

Amendment  81

Proposal for a regulation

Article 5 – paragraph 1 – introductory part

 

Text proposed by the Commission

Amendment

1. A carbon removal activity shall be additional. To that end, the carbon removal activity shall meet both of the following criteria:

1. Each activity shall be additional. To that end, the activity shall meet both of the following criteria:

Amendment  82

Proposal for a regulation

Article 5 – paragraph 1 – point a

 

Text proposed by the Commission

Amendment

(a) it goes beyond Union and national statutory requirements;

(a)  it goes beyond Union and national statutory requirements at the level of the individual operator;

Amendment  83

Proposal for a regulation

Article 5 – paragraph 1 – point b

 

Text proposed by the Commission

Amendment

(b) it takes place due to the incentive effect of the certification.

(b) the incentive effect of the certification is needed for the activity to become financially attractive.

Amendment  84

Proposal for a regulation

Article 5 – paragraph 2

 

Text proposed by the Commission

Amendment

(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 tests.

(2) Where the baseline is established pursuant to Article 4(5) or (5a), additionality as referred to in paragraph 1, point (a) 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 tests set out as part of the certification methodologies referred to in Article 8.

Amendment  85

Proposal for a regulation

Article 6 – title

 

Text proposed by the Commission

Amendment

Long-term storage

Storage duration, monitoring and liability requirements

Amendment  86

Proposal for a regulation

Article 6 – paragraph 1

 

Text proposed by the Commission

Amendment

1. An operator or group of operators shall demonstrate that a carbon removal activity aims at ensuring the long-term storage of carbon.

1. An operator or group of operators shall ensure and demonstrate that a carbon removal activity results in the permanent storage of carbon.

 

 

 

 

Amendment  87

Proposal for a regulation

Article 6 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

1a. An operator or group of operators shall ensure and demonstrate that a carbon farming activity results in the long-term sequestration of carbon,  the reduction of greenhouse gas emissions, or both.

Amendment  88

Proposal for a regulation

Article 6 – paragraph 1 b (new)

 

Text proposed by the Commission

Amendment

 

1b. An operator or group of operators shall ensure and demonstrate that a carbon storage in products activity results in the long-term storage of carbon.

Amendment  89

Proposal for a regulation

Article 6 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the purposes of paragraph 1, an operator or group of operators shall comply with both of the following criteria:

2. For the purposes of paragraphs 1, 1a and 1b, an operator or group of operators shall comply with the following criteria set out in paragraphs 2a to 2e.

(a) they shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period;

 

(b) they shall be subject to appropriate liability mechanisms in order to address any release of the stored carbon occurring during the monitoring period.

 

Amendment  90

Proposal for a regulation

Article 6 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. An operator or group of operators shall monitor and mitigate any risk of a release of the stored carbon occurring during the monitoring period, which shall be set as follows:

 

(a) for carbon removal activities, the monitoring period and requirements shall be consistent with  Articles 13, 17 and 18 of Directive 2009/31/EC;

 

(b) for carbon farming activities, the monitoring period and requirements shall cover at least the entire period during which the results of the activity are projected to be sustained as set out in the applicable certification methodology;

 

(c) for carbon storage in products activities, the monitoring period shall cover the entire lifetime of the product until and including the end of life of the product.

Amendment  91

Proposal for a regulation

Article 6 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. A carbon farming operator or group of operators may designate a legal person or relevant authority, such as the paying agency within the meaning of Article 9 of Regulation (EU) 2021/2116 in the case of carbon farming activities registered in the identification system for agricultural parcels, to be responsible for the monitoring, subject to all requirements under this Regulation being met.

Amendment  92

Proposal for a regulation

Article 6 – paragraph 2 c (new)

 

Text proposed by the Commission

Amendment

 

2c. An operator or group of operators shall be subject to appropriate liability mechanisms, and designate a liable natural or legal person to be responsible for addressing any reversal, including due to force majeure, at any point in time during the activity:

 

(a) for carbon removal activities, the liability mechanism shall be consistent with the liability mechanism set out in Directive 2009/31/EC;

 

(b) for carbon farming activities, the liability mechanism shall be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon sequestration is generated as compensation for the reversal;

 

(c) for carbon storage in products activities, the liability mechanism shall be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon storage is generated as compensation for the reversal.

 

The certification scheme shall continuously monitor and ensure the availability and readiness of the liability mechanism throughout the monitoring period of an activity.

Amendment  93

Proposal for a regulation

Article 6 – paragraph 2 d (new)

 

Text proposed by the Commission

Amendment

 

2d. In case of a reversal, the corresponding units shall be suspended in the certification registry where they are registered until the reversal has been addressed by the liability mechanism in accordance with paragraph 2c.

 

Where a reversal is not addressed within a reasonable timeframe through the liability mechanism in accordance with paragraph 2c, the validity of a certificate shall expire and the corresponding units shall be cancelled in the certification registry where they are registered.

Amendment  94

Proposal for a regulation

Article 6 – paragraph 2 e (new)

 

Text proposed by the Commission

Amendment

 

2e. Where the validity of a certificate has expired in accordance with paragraph 2a, point (c), the operator or group of operators shall pay a corrective penalty reflecting the carbon cost of the amount of carbon released to the atmosphere. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the formula for the calculation of the penalties and  the arrangements for the payment of the penalties.

Amendment  95

Proposal for a regulation

Article 6 – paragraph 3

 

Text proposed by the Commission

Amendment

3. For carbon farming and carbon storage in products, the carbon stored by a carbon removal activity shall be considered released to the atmosphere at the end of the monitoring period.

3. For carbon farming and carbon storage in products, the net benefit generated by the activity during the entire lifetime of the activity shall be considered released to the atmosphere at the end of the monitoring period or, in the event that the monitoring has been discontinued, before the end of the monitoring period, and the corresponding units shall be cancelled in the certification registry where they are registered, unless the operator or the group of operators carry out a re-certification of the activity and demonstrate the continuation of the activity and monitoring period. However, a carbon farming activity shall not lead to a decreased carbon sink, as defined in Regulation (EU) 2018/841, compared to the baseline beyond the monitoring period.

Amendment  96

Proposal for a regulation

Article 7 – paragraph 1

 

Text proposed by the Commission

Amendment

1. A carbon removal activity shall have a neutral impact on or generate co-benefits for all the following sustainability objectives:

1. A carbon removal activity shall at least have a neutral impact on each of, and may generate co-benefits for one or more of, the following sustainability objectives:

(a) climate change mitigation beyond the net carbon removal benefit referred to in Article 4(1);

(a) climate change mitigation beyond the net benefit referred to in Article 4(1);

 

(aa) the avoidance of the risk of carbon leakage in third countries;

(b) climate change adaptation;

(b) climate change adaptation;

(c) sustainable use and protection of water and marine resources;

(c) sustainable use and protection of water and marine resources;

(d) transition to a circular economy;

(d) transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;

(e) pollution prevention and control;

(e) pollution prevention and control;

(f) protection and restoration of biodiversity and ecosystems.

(f) protection and restoration of biodiversity and ecosystems.

Amendment  97

Proposal for a regulation

Article 7 – paragraph 1a (new)

 

Text proposed by the Commission

Amendment

 

1a. A carbon farming activity shall at least generate co-benefits for the sustainability objective referred to in  point (f) of this paragraph, and shall at least have a neutral impact on each of the sustainability objectives listed in points (a) to (ea) or may generate co-benefits for one or more of the  sustainability objectives listed in points (a) to (ea) as follows:

 

(a) climate change mitigation beyond the net carbon farming benefit referred to in Article 4(1a);

 

(b) climate change adaptation;

 

(c) sustainable use and protection or improvement of water quality and marine resources;

 

(d) transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;

 

(e) pollution prevention and control;

 

(ea) prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota;

 

(f) protection and restoration of biodiversity and ecosystems.

Amendment  98

Proposal for a regulation

Article 7 – paragraph 1b (new)

 

Text proposed by the Commission

Amendment

 

1b. A carbon storage in product activity shall at least have a neutral impact on each of, and shall generate co-benefits for at least one of, the following sustainability objectives:

 

(a) climate change mitigation beyond the net carbon farming benefit referred to in Article 4(1a);

 

(b)  climate change adaptation;

 

(c) sustainable use and protection or improvement of water quality and marine resources;

 

(d) transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;

 

(e)  pollution prevention and control;

 

(ea)  prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota;

 

(f) protection and restoration of biodiversity and ecosystems.

Amendment  99

Proposal for a regulation

Article 7 – paragraph 1 c (new)

 

Text proposed by the Commission

Amendment

 

1c. Carbon farming activities shall not negatively affect the Union’s food security and shall not lead to land grabbing or land speculation. They shall respect the rights of local communities and indigenous people affected by those activities, both within and outside the Union, as well as the balance between the environmental, economic and social impact on local communities and small-scale land managers.

 

An activity under the scope of this Regulation shall not negatively affect other activities under the scope of this Regulation.

Amendment  100

Proposal for a regulation

Article 7 – paragraph 2

 

Text proposed by the Commission

Amendment

2. For the purposes of paragraph 1, a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8.

2. For the purposes of paragraphs 1, 1a, 1b and 1c, the Commission shall set out the minimum sustainability requirements for each type of activity in the relevant certification methodology, as part of the delegated acts adopted pursuant to Article 8. The minimum sustainability requirements shall take into account the impacts both within and outside the Union and local conditions. Those minimum sustainability requirements shall, where appropriate, be consistent with the technical screening criteria for the ‘do no significant harm’ principle concerning forestry activities and underground permanent geological storage of CO2 laid down in Delegated Regulation (EU) 2021/2139, and shall promote the sustainability of forest and agriculture biomass raw material in accordance with the sustainability and GHG saving criteria for biomass laid down in Article 29 of Directive (EU) 2018/2001.

Amendment  101

Proposal for a regulation

Article 7 – paragraph 3

 

Text proposed by the Commission

Amendment

3. 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 8. 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 (f).

3. Where an operator or group of operators report co-benefits that contribute to the sustainability objectives referred to in paragraph 1,1a or 1b beyond the minimum sustainability requirements referred to in paragraph 2, they shall comply with the certification methodologies set out in delegated acts referred to in Article 8. The certification methodologies shall incentivise the generation of co-benefits going beyond the minimum sustainability requirements for the objectives referred to in paragraph 1a and shall provide for the possibility of generating a carbon farming premium for such co-benefits, for which the Commission shall set out the methodology by delegated acts by ... [please insert the date one year from the entry into force of this Regulation]. Certificates shall indicate whether an activity has a neutral impact or generates co-benefits for the sustainability objectives.

 

Amendment  102

Proposal for a regulation

Article 8 – paragraph 2

 

Text proposed by the Commission

Amendment

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 products. Those certification methodologies shall include at least the elements set out in Annex I.

2. The Commission shall adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for each type of activity. Each certification methodology for each type of activity shall be subject to a separate delegated act. Those certification methodologies shall include at least the elements set out in Annex I. The first such delegated act shall be adopted by ... [please enter the date 12 months from the entry into force of this regulation].

 

The Commission shall prioritise the development of certification methodologies for those types of activities that are the most mature, have the potential for generating the largest net benefits and the potential to provide the largest co-benefits. In the case of carbon farming activities, the Commission shall as a part of its prioritisation take into account in addition whether the activities contribute to sustainable management of agricultural land and forests.

 

The delegated acts referred to in the first subparagraph shall be reviewed periodically to include new or innovative activities, prepared in accordance with criteria listed in paragraphs 2a and 3.

 

The technical certification methodologies for activities related to carbon storage in products shall only be developed following and on the basis of the report to be presented by the Commission in accordance with Article 17(3) of Regulation (EU) 2018/841.

Amendment  103

Proposal for a regulation

Article 8 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 8a regarding the technical certification methodologies referred to in paragraph 2 of this Article.

Amendment  104

Proposal for a regulation

Article 8 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. For each draft delegated act, the Commission shall carry out a thorough impact assessment, which shall be based on conclusive scientific evidence and a public consultation for a period of at least four weeks, and its final results shall be made public at the time of adoption of the related delegated act.

 

Within 6 months of ... [please insert the date of the entry into force of this Regulation], the Commission shall, in accordance with paragraph 2 and after consulting the Platform, publish guidance for potential carbon farming operators or groups of operators on the list of carbon farming activities that are to be prioritised in the preparation of the methodologies. That list may be periodically reviewed and extended.

Amendment  105

Proposal for a regulation

Article 8 – paragraph 3 – point a

 

Text proposed by the Commission

Amendment

(a) the objectives of ensuring the robustness of carbon removals and recognising the protection and restoration of ecosystems;

(a) the objectives of ensuring the robustness of the activities and recognising the protection and restoration of ecosystems;

Amendment  106

Proposal for a regulation

Article 8 – paragraph 3 – point a a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the certification methodologies shall be based on the best available scientific evidence and the precautionary principle enshrined in Article 191 of the Treaty on the Functioning of the European Union;

Amendment  107

Proposal for a regulation

Article 8 – paragraph 3 – point a b (new)

 

Text proposed by the Commission

Amendment

 

(ab) the outcome of the public consultation and the advice of the Platform;

Amendment  108

Proposal for a regulation

Article 8 – paragraph 3 – point a c (new)

 

Text proposed by the Commission

Amendment

 

(ac) existing standards and best practices in the certification methodologies, where they comply with the requirements and criteria set out in this Regulation;

Amendment  109

Proposal for a regulation

Article 8 – paragraph 3 – point b

 

Text proposed by the Commission

Amendment

(b) the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators;

(b) the objective of minimising administrative and financial burden and keeping the certification procedure as simple as possible for operators, particularly for small-scale carbon farming operators and for small- and medium-sized enterprises, without compromising the quality of the carbon removals or co-benefits;

Amendment  110

Proposal for a regulation

Article 8 – paragraph 3 – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the certification methodologies shall be easy to use and established in a manner that facilitates the verification of their compliance;

Amendment  111

Proposal for a regulation

Article 8 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

3a. The Commission shall make the certification methodologies publicly available.

Amendment  112

Proposal for a regulation

Article 8 a (new)

 

Text proposed by the Commission

Amendment

 

Article 8a

 

Platform on Carbon Removal, Carbon Farming and Carbon Storage in Product Activities

 

1. The Commission shall establish a Platform on Carbon removal and Carbon farming Activities (the ‘Platform’). It shall be composed in a balanced manner of the following groups:

 

(a) representatives of:

 

(i) the European Environment Agency;

 

(ii) the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council1a;

 

(b) experts representing relevant private stakeholders, including farmers and forest owners or managers, and business sectors, representing relevant industries, involved in the areas covered by this Regulation;

 

(ba) representatives of certification schemes;

 

(c) experts representing civil society with expertise in the areas covered by this Regulation;

 

(d) experts appointed in a personal capacity who have proven knowledge and experience in the areas covered by this Regulation;

 

(e) experts representing academia, including universities, research institutes and other scientific organisations.

 

The members of the Expert Group on carbon removals shall be integrated into the groups of representatives and experts referred to in points (a) to (e) in a way that guarantees that groups in points (a) to (e) are represented in a balanced manner.

 

2. The Platform shall:

 

(a) advise the Commission on the technical certification methodologies referred to in Article 8, including on the minimum sustainability requirements referred to in Article 7, as well as on the possible need to update those certification methodologies;

 

(b) analyse the impact of the technical certification methodologies in terms of the potential costs and benefits of their application;

 

(c) assist the Commission in analysing requests from stakeholders to develop or revise technical certification methodologies for a given activity;

 

(d) monitor and regularly report to the Commission on trends at Union and Member State level regarding carbon removal and carbon farming;

 

(e) advise the Commission on the possible need to develop further measures to improve data availability and quality.

 

(f) advise the Commission on the usability of the technical certification methodologies, taking into account the need to avoid an undue administrative burden;

 

(g) advise the Commission on the possible need to amend this Regulation;

 

(h) advise the Commission on the minimum information included in the certificates referred to in Article 9, as well as on the rules and procedures related to audits and certification schemes, and on the possible need to update those rules and procedures;

 

3. The Platform shall take into account the views of a wide range of stakeholders. The selection of the members shall seek to ensure varied disciplinary and sectoral expertise, as well as gender and geographical balance.

 

4. The Platform shall be chaired by a member of the Platform elected by the Platform and constituted in accordance with the horizontal rules on the creation and operation of Commission expert groups. In that context, the Commission may invite experts with specific expertise on an ad hoc basis.

 

5. The Platform shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Platform and other relevant documents on the Commission website.

 

6. Where operators or groups of operators consider that an activity which does not comply with the technical certification methodologies established pursuant to this Regulation, or for which such technical certification methodologies have not yet been established, should be eligible for certification under this Regulation, they may inform the Platform thereof.

 

_____________

 

1a Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).

Amendment  113

Proposal for a regulation

Article 9 – paragraph 1

 

Text proposed by the Commission

Amendment

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 body a comprehensive description of the carbon removal activity, including the certification methodology applied to assess compliance with Articles 4 to 7, the expected total carbon removals and net carbon removal benefit. Groups of operators shall also specify how advisory services on carbon removal activities are provided, in particular to small-scale carbon farming operators.

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 body a comprehensive description of the activity, including the certification methodology applied to assess compliance with Articles 3a to 7, and the expected total net benefit. Groups of operators shall also specify how advisory services on activities are provided, in particular to small-scale operators, and what measures are taken to limit the administrative burden for land managers. For operators or groups of operators involved in cross-border or multi-country projects, a single certification body may be appointed for all cross-border and multi-country projects.

 

For carbon farming activities, Member States may provide advice to farmers in the framework of the advisory services referred to in Article 15  of Regulation (EU) 2021/2115.

 

For carbon farming, agricultural parcels registered in the Land Parcel Identification System (LPIS) set out in Article 68 of Regulation (EU) 2021/2116 on which a carbon farming activity certified by a certification scheme is taking place cannot be certified for the same activity by a different certification scheme.

 

In order to ensure consistency with Annex I (ba), for carbon farming, the following information shall be registered in the Identification system for agricultural parcels, provided for in Article 68 of Regulation (EU) 2021/2116, where applicable: management practices related to the carbon farming activity, start date and end date of the carbon removal activity, name of the certification scheme and unique certificate number or code for a particular agricultural parcel.

Amendment  114

Proposal for a regulation

Article 9 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The certification body shall conduct a certification audit to verify the information submitted in accordance with paragraph 1 and to confirm compliance of the carbon removal activity with Articles 4 to 7. As a result of that certification audit, the certification body shall issue a certification audit report, that includes a summary, and a certificate containing, as a minimum, the information set out in Annex II. The certification scheme shall control the certification audit report and the certificate, and make the summary of the certification audit report and the certificate publicly available in a registry referred to in Article 12.

2. The certification scheme shall appoint a certification body which shall conduct a certification audit to verify that the information submitted in accordance with paragraph 1 is accurate and reliable, and confirm compliance of the activity with Articles 3a to 7. When multiple different carbon farming activities take place at farm level, the certification audits may be conducted on a single occasion. When as a result of that certification audit the compliance of the information submitted in accordance with paragraph 1 has been verified, 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 certification audit report and the certificate publicly available in full or, where necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information, in the Union registry referred to in Article 12.

Amendment  115

Proposal for a regulation

Article 9 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The certification body shall carry out periodic re-certification audits to reconfirm compliance of the carbon removal activity with Articles 4 to 7 and verify the generated carbon benefit. 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 units publicly available in a registry referred to in Article 12.

3. The certification body shall carry out periodic re-certification audits to reconfirm compliance of the activity with Articles 3a to 7 and verify the generated net benefit.  Re-certification audits shall take place at least every 5 years for carbon farming activities, and at least every 10 years for other activities, following a risk-based approach. 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 re-certification audit report, the updated certificate and the certified carbon removal units publicly available in full or, where necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information, in the Union registry referred to in Article 12.

Amendment  116

Proposal for a regulation

Article 9 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The operator or a group of operators shall support the certification body during certification and re-certification audits, notably by giving access to the activity premises and providing relevant data and documentation.

4. The operator or a group of operators shall support the certification body during certification and re-certification audits, notably by giving access to the activity premises and providing any data and documentation required.

Amendment  117

Proposal for a regulation

Article 9 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

4a. Certification bodies shall be remunerated by the certification scheme in order to ensure the independence of the certification or re-certification audits.

Amendment  118

Proposal for a regulation

Article 9 – paragraph 5

 

Text proposed by the Commission

Amendment

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.

5. The Commission shall no later than ... [please insert the date 12 months from the entry into force of this Regulation] adopt implementing acts to set out the structure, format, technical details of the comprehensive description of the 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  119

Proposal for a regulation

Article 10 – paragraph 1

 

Text proposed by the Commission

Amendment

1. Certification bodies appointed by certification schemes shall be accredited by a national accreditation authority pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council37.

1. Certification bodies appointed by certification schemes shall be accredited by a national accreditation authority pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council37. The list of accredited certification bodies shall be made publicly available in the Union registry referred to in Article 12.

__________________

__________________

37 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

37 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).

Amendment  120

Proposal for a regulation

Article 10 – paragraph 2 – point b

 

Text proposed by the Commission

Amendment

(b) independent from the operators or from a group of operators, and carry out the activities required under this Regulation in the public interest.

(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  121

Proposal for a regulation

Article 10 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Member States shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national competent authorities, all relevant information necessary to supervise their operation, including date, time and location of the audits referred to in Article 9. Where Member States find issues of non-conformity, they shall inform the certification body and the relevant certification scheme thereof without delay.

4. Member States and, where applicable, regional authorities shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national and, where applicable, regional 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, and when applicable, regional authorities, find issues of non-conformity, they shall inform the certification body and the relevant certification scheme thereof without delay and publish that notice in the Union registry referred to in Article 12.

Amendment  122

Proposal for a regulation

Article 11 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

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 and addressing non-conformity issues. For the purpose of handling complaints and appeals, certification schemes shall put in place easily accessible complaint and appeal procedures. Those procedures shall be made publicly available in the Union registry referred to in Article 12.

Amendment  123

Proposal for a regulation

Article 11 – paragraph 3

 

Text proposed by the Commission

Amendment

3. Certification schemes shall verify if the information and data submitted by the operator or a group of operators for the certification of compliance pursuant to Article 9 were subject to independent auditing and if the certification of compliance was carried out in an accurate, reliable, and cost-effective manner.

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 and the re-certification audit reports were carried out in an accurate, reliable, and cost-effective manner.

Amendment  124

Proposal for a regulation

Article 11 – paragraph 4

 

Text proposed by the Commission

Amendment

4. Certification schemes 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.

4. Certification schemes shall publish, at least annually, a list of the appointed certification bodies in the Union registry referred to in Article 12, stating for each certification body by which entity or national or, where applicable, regional public authority it was recognised and which entity or national or, where applicable, regional public authority is monitoring it.

Amendment  125

Proposal for a regulation

Article 11 – paragraph 5

 

Text proposed by the Commission

Amendment

5. The Commission shall adopt implementing acts setting out the structure, format, technical details and process referred to in paragraphs 2, 3 and 4, which shall apply to all certification schemes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

5. The Commission shall no later than ... [please insert the date 12 months from the date of entry into force of this Regulation] adopt implementing acts setting out the structure, format, technical details and process referred to in paragraphs 2, 3 and 4, which shall apply to all certification schemes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

Amendment  126

Proposal for a regulation

Article 12 – title

 

Text proposed by the Commission

Amendment

Registries

Union registry

Amendment  127

Proposal for a regulation

Article 12 – paragraph 1

 

Text proposed by the Commission

Amendment

1. A certification scheme shall establish and duly maintain a public registry to make publicly accessible the information related to the certification process, including the certificates and updated certificates, and the quantity of carbon removal units certified in accordance with Article 9. Those registries shall use automated systems, including electronic templates, and shall be interoperable.

1. The Commission shall establish and duly maintain a public registry (‘Union registry’) to make publicly available the information related to the certification process in an accessible way, containing, as a minimum, the information set out in Annex IIa. The Union registry shall use automated systems, including electronic templates.

 

A certification scheme shall submit all relevant data and reporting that are required to be included in the Union registry in accordance with Annex IIa and that are necessary to verify compliance with the requirements laid down in this Regulation.

Amendment  128

Proposal for a regulation

Article 12 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The Commission may 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.

2. The Commission shall by...[12 months from the date ofentry into force of this Regulation] adopt implementing acts setting out the structure, format, and technical details of the Union registry and the rules and procedures for providing all the information as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

Amendment  129

Proposal for a regulation

Article 12 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. The Commission shall ensure that certification schemes report the average share of the revenues related to the sale of certified units for each activity which it passed on to the operator. The Commission shall assess the submitted reports and annually report its findings to the European Parliament and to the Council.

Amendment  130

Proposal for a regulation

Article 13 – paragraph 1

 

Text proposed by the Commission

Amendment

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.

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 and shall be made public in the Union registry referred to in Article 12. The Commission shall inform the certification scheme about its decision for recognition no later than one month after the notification was provided.

Amendment  131

Proposal for a regulation

Article 13 – paragraph 2

 

Text proposed by the Commission

Amendment

2. A Member State shall notify to the Commission the application for recognition of the public certification scheme. The legal representative of a private certification scheme shall notify to the Commission the application for recognition of the private certification scheme.

2. A Member State, or where relevant, the regional authorities, shall notify to the Commission the application for recognition of the public certification scheme. The legal representative of a private certification scheme shall notify to the Commission the application for recognition of the private certification scheme.

Amendment  132

Proposal for a regulation

Article 13 – paragraph 3

 

Text proposed by the Commission

Amendment

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 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 investigate the matter and take appropriate action, including repealing the relevant decision.

3. The Commission may, after appropriate consultation with the certification scheme, 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, where applicable, a regional authority raises concerns, or where a legal person, operator or group of operators raises duly substantiated 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 investigate the matter and take appropriate action, including repealing the relevant decision.

Amendment  133

Proposal for a regulation

Article 13 – paragraph 4

 

Text proposed by the Commission

Amendment

4. The Commission may adopt implementing acts setting out the structure, format, and technical details of the notification and recognition processes referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

4. The Commission shall by...[12 months from the date of entry into force of this Regulation]  adopt implementing acts setting out the structure, format, and technical details of the notification and recognition processes referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

Amendment  134

Proposal for a regulation

Article 14 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

2. The Commission shall make those reports publicly available in the Union registry referred to in Article 12, in full or, where necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding this commercially sensitive information.

Amendment  135

Proposal for a regulation

Article 14 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The Commission may adopt implementing acts setting out he structure, format, and technical details of the reports referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

3. The Commission shall by...[12 months from the date of entry into force of this Regulation]  adopt implementing acts setting out he structure, format, and technical details of the reports referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.

Amendment  136

Proposal for a regulation

Article 14 a (new)

 

Text proposed by the Commission

Amendment

 

Article 14a

 

The Commission shall provide technical guidance to the Member States on the implementation of Article 9(4) and Article 13 (2) and (3).

Amendment  137

Proposal for a regulation

Article 15 – paragraph 1

 

Text proposed by the Commission

Amendment

The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9.

The Commission, after consulting the Platform referred to in Article 8a,  is empowered to adopt delegated acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9.

Amendment  138

Proposal for a regulation

Article 16 – paragraph 2

 

Text proposed by the Commission

Amendment

2. The power to adopt delegated 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].

2. The power to adopt delegated acts referred to in Articles 3a, 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  139

Proposal for a regulation

Article 16 – paragraph 3

 

Text proposed by the Commission

Amendment

3. The delegation of power referred to in Articles 8 and 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Articles 3a, 8 and 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

Amendment  140

Proposal for a regulation

Article 16 – paragraph 4

 

Text proposed by the Commission

Amendment

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.

4. Before adopting a delegated act, the Commission shall conduct a four-week public consultation and 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.

Amendment  141

Proposal for a regulation

Article 16 – paragraph 5

 

Text proposed by the Commission

Amendment

5. Delegated acts adopted pursuant to Articles 8 and 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

5. Delegated acts adopted pursuant to Articles 3a, 8 and 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.

Amendment  142

Proposal for a regulation

Article 18 – paragraph 2 – subparagraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

As part of the report in  paragraph 2, the Commission shall assess the possible benefits and trade-offs of the inclusion of other long-lived carbon storage products based on the latest scientific evidence and may, where appropriate, present a legislative proposal to the Parliament and to the Council.

Amendment  143

Proposal for a regulation

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

2a. By ... [12 months from the date of entry into force of this Regulation], the Commission shall report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal and impact assessment, on the establishment of Union targets for permanent carbon removals and for land-based sequestration as an integral part of the post-2030 Union climate framework.

Amendment  144

Proposal for a regulation

Article 18 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

2b. The Commission shall examine options to increase emission reductions within the food supply chain, including options related to the use of carbon farming units, and shall, where appropriate, by ... [12 months from the date of entry into force of this Regulation] present a legislative proposal accompanied by an impact assessment to that end.

Amendment  145

Proposal for a regulation

Annex I

 

Text proposed by the Commission

Amendment

Elements of the certification methodologies referred to in Article 8

Elements of the certification methodologies referred to in Article 8

When adopting delegated acts pursuant to Article 8, the certification methodologies shall include at least the following elements:

When adopting delegated acts pursuant to Article 8, the certification methodologies shall include at least the following elements:

 

(-a) description of the type of activity covered (carbon removal, carbon farming sequestration, carbon farming carbon, nitrogen or methane emission reduction, or carbon storage in products);

(a) description of the carbon removal activity covered, including its monitoring period;

(a) detailed description of the activity covered, including the projected durability of its results and its monitoring period;

 

(b) for carbon removal activities:

(b) rules for identifying all carbon removal sinks and GHG emission sources referred to in Article 4(1);

(i) rules for identifying all carbon removal sinks and GHG emission sources referred to in Article 4(1);

(c) rules for calculating the carbon removals under the baseline referred to in Article 4(1), point (a);

(ii) rules for calculating the carbon removals under the baseline referred to in Article 4(1), point (a);

(d) rules for calculating the total carbon removals referred to in Article 4(1), point (b);

(iii) rules for calculating the total carbon removals referred to in Article 4(1), point (b);

(e) rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c);

(iv) rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c);

 

(c) for carbon farming activities:

 

(i) rules for identifying all carbon sequestration sinks and reductions and greenhouse gas emission reductions and sources referred to in Article 4(2);

 

(ii) for carbon farming sequestration, rules for calculating the carbon sequestration under the baseline referred to in Article 4(2), first subparagraph, point (a);

 

(iii) for carbon farming sequestration, rules for calculating the total carbon sequestration referred to in Article 4(2), first subparagraph, point (b);

 

(iv) for carbon farming sequestration, rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2) first subparagraph, point (c);

 

(v) for carbon farming emission reductions, rules for calculating the carbon emissions under the baseline referred to in Article 4(2) second subparagraph, point (a);

 

(vi) for carbon farming reductions, rules for calculating the total carbon reduction referred to in Article 4(2) second subparagraph), point (b);

 

(vii) for carbon farming emission reductions, rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2)second subparagraph, point (c);

 

(viii) for carbon farming emission reductions, rules for calculating the N2O emissions under the baseline referred to in Article 4(2) second subparagraph, point (d);

 

(ix)  for carbon farming emission reductions, rules for calculating the total N2O emission reductions referred to in Article 4(2) second subparagraph, point (e);

 

(x) for carbon farming emission reductions, rules for calculating the CH4 emissions under the baseline referred to in Article 4(2) second subparagraph, point (f);

 

(xi) for carbon farming emission reductions, rules for calculating the total CH4 emissions referred to in Article 4(2) second subparagraph, point (g);

 

(d) for carbon storage in product activities:

(i) rules for identifying all carbon sequestration sinks and GHG emission sources referred to in Article 4(2a);

 

(ii) rules for calculating the carbon sequestration under the baseline referred to in Article 4(2a), point (a);

 

(iii) rules for calculating the total carbon sequestration referred to in Article 4(2a), point (b);

 

(iv) rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2a), point (c);

(f) rules to address uncertainties in the quantification of carbon removals referred to in Article 4(8);

(e) rules to address uncertainties in the quantification of carbon removals referred to in Article 4(4);

 

(f) the baseline referred to in Article 4(5), 4(5a) or 4(6), including the rules and justification for the established baseline;

(g) rules to carry out the specific additionality tests referred to in Article 5(2);

(g) rules to carry out the specific additionality tests referred to in Article 5(2);

(h) rules on monitoring and mitigation of any risk of release of the stored carbon referred to in Article 6(2), point (a);

(h) rules on monitoring and mitigation of any risk of release of the stored carbon referred to in Article 6(2a);

(i) rules on appropriate liability mechanisms referred to in Article 6(2), point (b);

(i) rules on appropriate liability mechanisms referred to in Article 6(2c);

 

(ia) rules on the validity and penalties referred to in Article 6(2d) and 6(2e);

(j) rules on the minimum sustainability requirements referred to in Article 7(2);

(j) specification of the minimum sustainability requirements referred to in Article 7(2);

(k) rules on the monitoring and reporting of co-benefits referred to in Article 7(3).

(k) rules on the monitoring and reporting of co-benefits referred to in Article 7(3).

Amendment  146

Proposal for a regulation

Annex II

 

Text proposed by the Commission

Amendment

Minimum information included in the certificate referred to in Article 9

Minimum information included in the certificate referred to in Article 9

The certificate shall include the following minimum information:

The certificate shall include the following minimum information:

(a) name and type of the carbon removal activity, including the name and contact details of the operator or group of operators;

(a) name and type of the activity, including whether the activity constitutes a carbon removal, carbon farming sequestration, carbon farming carbon, nitrogen or methane emission reduction, or carbon storage in products activity, including the name and contact details of the operator or group of operators;

(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;

(b) the location of the activity, including geographically explicit location of the activity boundaries, respecting 1:5000 mapping scale requirements for the Member State;

 

(ba) for carbon farming activities, where applicable, a unique identification of the agricultural parcel as registered in the identification system for agricultural parcels provided for in Article 68 of Regulation (EU) 2021/2116 on which carbon farming activity is taking place;

(c) start date and end date of the carbon removal activity;

(c) start date and expected end date of the activity;

(d) name of the certification scheme;

(d) name of the certification scheme;

(e) name and address of the certification body and logo;

(e) name and address of the certification body and logo;

(f) (unique) certificate number or code;

(f) (unique) certificate number or code;

(g) place and date of issuance of the certificate;

(g) place and date of issuance of the certificate;

(h) reference to the applicable certification methodology referred to in Article 8;

(h) reference to the applicable certification methodology referred to in Article 8;