138 Amendments of Ulrike MÜLLER related to 2022/0394(COD)
Amendment 61 #
Proposal for a regulation
Recital 3
Recital 3
(3) The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals and carbon farming, with the view to incentivise the uptake of high- quality carbon removals and, in the case of carbon farming, biogenic emissions reduction, 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. In this regard, the planned revision of the Regulation should also look how to incorporate the carbon removals achieved through carbon farming in the EU and national targets. Furthermore, in the case of biogenic emissions reduction, the Commission should consider how to include those in the ETS trading system. __________________ 24 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 25 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 72 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union certification framework will support the development of carbon removal activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage the uptake of carbon removal activities that generate co-benefits for biodiversity, therefore achievachieving biogenic emissions reduction together with carbon removals, as these two are intrinsically linked ing their nature restoration targets set out in Union law on nature restorational cycles. Biogenic emissions reduction will require their own methodology for accounting and certification, alongside carbon removals. 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 78 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) The Union voluntary certification framework builds on and contributes to the ongoing public and private work regarding the certification of carbon removals.
Amendment 80 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to support operators willing to make additional efforts to increase carbon removals in a sustainable way, the Union certification framework should take into account the different types of carbon removal and carbon farming activities, their specificities and related environmental impacts. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, and other elements of the Union certification frameworkfarming, carbon farming storage, biogenic emissions reductions, carbon removal and carbon farming activities, and other elements of the Union certification framework and specify broad range of financing possibilities, either private or public.
Amendment 87 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals and carbon farming
Amendment 89 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals and biogenic emission reduction 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. For the carbon removals and biogenic emissions reductions achieved through carbon farming, these should also be quantified in an accurate and robust way, with information provided through the LPIS database; they should also be additional and create co-benefits. Furthermore, carbon removals should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero-rated in accordance with Annex IV thereto. __________________ 26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 89 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals and carbon farming
Amendment 93 #
Proposal for a regulation
Recital 1
Recital 1
(1) Under the Paris Agreement adopted under the United Nations Framework Convention on Climate Change22 ('the Paris Agreement'), the international community has agreed to hold the increase in the global average temperature well below 2° C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5° C above pre-industrial levels. 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. __________________ 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 102 #
Proposal for a regulation
Recital 7
Recital 7
(7) A carbon removal and carbon farming 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. In the case of carbon farming, furthermore, operators should also quantify the biogenic emissions reductions set against the 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.
Amendment 109 #
Proposal for a regulation
Recital 8
Recital 8
(8) The second step for quantifying the net carbon removal benefit should consist of subtracting any increase in greenhouse gas emissions related to the implementation of the carbon removal activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, fuel 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. However, for carbon farming activities, the reduction of biogenic emissions shall be counted towards the net benefit of the activity, especially due to the interconnected nature of carbon and nitrogen cycles.
Amendment 111 #
Proposal for a regulation
Recital 9
Recital 9
(9) A carbon removal activity delivers a net carbon removal benefit when the carbon removals above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the carbon removal activity. For instance, in the case of activities that deliver permanent carbon storage by injecting carbon underground, the amount of permanently stored carbon should outweigh the energy- related greenhouse gas emissions from the industrial process. In the case of carbon farming, the carbon captured by an afforestation activity or the carbon kept in the ground by a peatland re-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. Farmers, forest owners and managers should strive to achieve biogenic emission reductions rather, which shall be quantified and accounted for as part of the net removal benefit.
Amendment 118 #
Proposal for a regulation
Recital 10
Recital 10
(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 and biogenic emissions reductions generated by carbon farming should be quantified with a high level of accuracy to assure the highest quality and minimise uncertainties. Moreover, in order to incentivise synergies between Union climate and biodiversity objectives, enhanced monitoring of land needs to be required, thereby helping to protect and enhance the resilience of nature-based carbon removals throughout the Union. The satellite and on-site monitoring and reporting of emissions and removals need to closely reflect those approaches, and make the best use of advanced technologies available under Union programmes, such as Copernicus, making full use of already existing tools, and ensure consistency with the national greenhouse gas inventories.
Amendment 121 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union certification framework channels incentives toward carbon removals and biogenic emissions reductions that go beyond the standard practice, carbon removal and carbon farming activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. Moreover, carbon removal and carbon farming 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.
Amendment 125 #
Proposal for a regulation
Recital 12
Recital 12
(12) A standardised baseline should reflect the statutory and market conditions in which the carbon removal or carbon farming 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.
Amendment 126 #
Proposal for a regulation
Recital 13
Recital 13
(13) Atmospheric and biogenic carbon that is captured and stored through a carbon removal activity risks being released back into the atmosphere (e.g. reversal) due to natural or anthropogenic causes. Therefore, operators should take all relevant preventive measures to mitigate those risks and duly monitor that carbon continues to be stored over the monitoring period laid down for the relevant carbon removal 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. Among other possibilities, 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 not be subject to an expiry date matching with the end of the relevant monitoring period. Thereafter, thebut should be further defined per carbon farming activity in the certification methodology. The risk of reversibility of carbon storage should be assumed to be released into the atmosphere, unless the economic operator proves the maintenance of the carbon stoccounted for in the discount rate set for the carbon farming activity. Moreover, in order not to discourage sequestration actions, which in the short term can account for significant amounts of carbon, short- term storage should be encouraged to stimulate farmers' transition and investments in sequestration practices. Various mechanisms exist to integragte through uninterrupted monitoring activitieshort-term storage into the carbon market and the associated risk which should be deployed such as reserve funds, insurance, rebate systems.
Amendment 127 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Union certification framework will support the development of carbon removal activities as well as carbon farming activities in the Union that result in an unambiguous net carbon removal benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage the uptake of carbon removal activities that generate co-benefits for biodiversity, therefore achievingat least have an overall neutral impact on biodiversity, contributing to 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 135 #
Proposal for a regulation
Recital 5
Recital 5
(5) In order to support operators willing to make additional efforts to increase carbon removals and carbon farming in a sustainable way, the Union certification framework should take into account the different types of carbon removal activities, carbon farming activities, their specificities and related environmental impacts. Therefore, this Regulation should provide clear definitions of carbon removal, carbon removal activities, carbon farming, carbon farming activities and other elements of the Union certification framework.
Amendment 140 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removal activities have a strong potential to deliver win-win solutions for sustainability, even if trade- offs cannot be excluded. Therefore, it is appropriate to establish minimum sustainability requirements to ensure that carbon removal activities have a neutral impact or generate co-benefits for the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection of water and marine resources, the transition to a circular economy, and pollution prevention and control. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, 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. Carbon farming activities should contribute to at least one additional practice set out, such as prevention and improvement of water quality, protection of biodiversity shouland not be eligible for certificationhers. __________________ 28 Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (OJ L 442, 9.12.2021, p. 1). 29 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).
Amendment 148 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals and carbon farming should be eligible for certification under the Union certification framework. To this end, carbon removals and carbon farming should be quantified in an accurate and robust way; and they should be generated only by carbon removal activities or carbon farming activities that generate a net carbon removal benefit or a net carbon farming benefit, are additional, aim to ensure long- term or permanent storage of carbon, and have an overall neutral impact or co-benefit on sustainability objectives. Furthermore, carbon removals and carbon farming should be subject to independent third- party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero-rated in accordance with Annex IV thereto. __________________ 26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 154 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices that remove CO2 from the atmosphere contribute to the climate neutrality objective and should be rewarded, either via the Common Agricultural Policy (CAP) or other public or private initiatives. Specifically, this Regulation should take into account farming practices as referenced in the Communication on Sustainable Carbon Cycles30 . __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
Amendment 155 #
Proposal for a regulation
Recital 7
Recital 7
(7) A carbon removal activity or a carbon farming activity should result in a net carbon removal benefit or a net carbon farming benefit showing that it delivers a positive climate impact. The net carbon removal benefit or net carbon farming benefit should be computed following two steps. First, operators should quantify the amount of additional carbon removals or carbon farming that a carbon removal activity or a carbon farming 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 or carbon farming activities. In the context of carbon farming, the use of national forest inventories and available digital technologies, including electronic databases and geographic information systems, remote sensing, drones, satellites, 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 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.
Amendment 162 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements. To this end, their reporting should comply with the certification methodologies tailored to the different carbon removal activities, developed by the Commission. Certification methodologies should, as much as possible, incentivise the generation of co-benefits for biodiversity going beyond the minimum sustainability requirements. These additional co-benefits will give more economic value to the certified carbon removals and will result in higher revenues for the operators. In the light of these considerations, it is appropriate for the Commission to prioritise the development of tailored certification methodologies on carbon farming activities that provide significant co-benefits for biodiversity.
Amendment 168 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal and carbon farming activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by 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. The development of these methodologies should include a call for evidence supporting the drafting of the methodologies and a call for feedback on the draft methodologies, providing all interested stakeholders the possibility to contribute.
Amendment 170 #
Proposal for a regulation
Recital 8
Recital 8
(8) The second step for quantifying the net carbon removal benefit or the net carbon farming benefit should consist of subtracting any increase in greenhouse gas emissions related to the implementation of the carbon removal activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, chemicals, fuel or energy, or indirect emissions, such as those resulting from materials or land use change, with consequent risks for food security due to displacement of agricultural production or displacement of forestry. 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 it should be taken into account when quantifying the net carbon farming benefit. A reduction in greenhouse gas emissions should be considered as a co-benefit towards the sustainability objective of climate change mitigation; by being reported on the certificates, decreases in greenhouse gas emissions (like the other sustainability co- benefits) can increase the value of the certified carbon removals.
Amendment 172 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a credible and reliable certification process, carbon removal and carbon farming activities should be subject to independent third- party auditing. In particular, carbon removal and carbon farming activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net carbon removal benefit. Carbon removal and carbon farming activities should also be subject to periodic re- certification audits to verify the compliance of the generated carbon removals. To this end, the Commission should be empowered to adopt implementing acts to set out the structure, technical details, maximum price for certification audit, and the minimum information to be contained in the description of the carbon removal activity, and in the certification and re- certification audit reports.
Amendment 175 #
Proposal for a regulation
Recital 9
Recital 9
(9) A carbon removal activity or a carbon farming activity delivers a net carbon removal benefit or a net carbon farming benefit when the carbon removals or carbon farming above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the carbon removal activity and carbon farming 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.
Amendment 179 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate that carbon removal and carbon farming 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 and, in the case of carbon farming, biogenic emission reduction, that comply with the quality criteria set out in this Regulation. The Commission should be also empowered to adopt delegated acts to further specify or amend Annex II which lists the minimum information to be contained in the certificates. __________________ 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 184 #
Proposal for a regulation
Recital 10
Recital 10
(10) Carbon removals and carbon farming 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.
Amendment 186 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of carbon removal activities should have the required competences and skills and should be accredited by national accreditation authorities pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council32 . For the purposes of the carbon farming, these national accreditation authorities should be national paying agencies. To avoid possible conflicts of interest, the certification bodies should also be completely independent from the operator carrying out the carbon removal activity that is subject to the certification. In addition, Member States should contribute towards ensuring the correct implementation of the certification process by supervising the operation of certification bodies that are accredited by national accreditation authorities, and by informing the certification schemes about relevant non-conformity findings. __________________ 32 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 188 #
Proposal for a regulation
Recital 23
Recital 23
(23) Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified carbon removal units, notably by avoiding double counting. 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. When it comes to carbon farming, for the purposes of preventing double counting, all necessary information on the carbon farming certificates should be available in the LPIS system, linked to the specific parcels benefitting from the scheme. 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 189 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union certification framework channels incentives toward carbon removals and carbon farming that go beyond the standard practice, carbon removal activities as well as carbon farming activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. Moreover, carbon removal activities shouldand carbon farming activities should at least partly 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 or carbon farming activity to achieve additional carbon removals and carbon farming.
Amendment 193 #
Proposal for a regulation
Recital 26
Recital 26
(26) Certification schemes should establish and maintain interoperable public registries in order to ensure transparency and full traceability of carbon removal certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same carbon removal activity because the activity has been registered under two different certification schemes or has been registered twice under the same scheme. For the purposes of preventing fraud when it comes to carbon farming, parcels in the LPIS system already linked to an existing carbon farming scheme not compliant with this Regulation should not be deemed eligible for certification under this Regulation. 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.
Amendment 202 #
Proposal for a regulation
Recital 13
Recital 13
(13) Atmospheric and biogenic carbon that is captured and stored through a carbon removal activity or a carbon farming 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 and carbon farming should depend on the expected duration of the storage and the different risks of reversal associated with the given carbon removal activity and carbon farming 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 productscarbon farming certification 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. A carbon farming activity shall not lead to a decreased carbon sink, as defined in regulation (EU) 2018/841, compared to a baseline beyond the monitoring period.
Amendment 203 #
Proposal for a regulation
Recital 28
Recital 28
(28) To enable operators to apply the quality criteria set out in this Regulation in a standardised and cost-effective way, while taking into account the specific characteristics of different carbon removal activities, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission to supplement this Regulation by establishing detailed certification methodologies for different types of carbon removal activities. The Commission should also be able to amend Annex II listing the minimum information to be contained in the certificates. It is of particular importance that the Commission carry out appropriate public consultations during its preparatory work, including at expert level, and including a call for evidence and feedback, 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. __________________ 34 OJ L 123, 12.5.2016, p. 1
Amendment 211 #
Proposal for a regulation
Recital 14
Recital 14
(14) In addition to measures taken to minimise the risk of carbon release into the atmosphere during the monitoring period, appropriate liability mechanisms should be introduced to address cases of reversal. Such mechanisms could include e.g. discounting of carbon removal units and carbon farming units, collective buffers or accounts of carbon removal units or carbon farming units, and up-front insurance mechanisms. Since liability mechanisms in respect of geological storage and CO2 leakage, and relevant corrective measures have already been laid down by Directive 2003/87/EC and Directive 2009/31/EC of the European Parliament and of the Council27 , those liability mechanisms and corrective measures should apply to avoid double regulation. __________________ 27 Directive 2009/31/EC of the European Parliament and of the Council of 23 April 2009 on the geological storage of carbon dioxide and amending Council Directive 85/337/EEC, European Parliament and Council Directives 2000/60/EC, 2001/80/EC, 2004/35/EC, 2006/12/EC, 2008/1/EC and Regulation (EC) No 1013/2006 (OJ L 140, 5.6.2009, p. 114).
Amendment 233 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘carbon removal’ means either the storage of atmospheric or biogenic carbon within geologicallitospheric 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;
Amendment 240 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements. To this end, their reporting should comply with the certification methodologies tailored to the different carbon removal activities or carbon farming activities, developed by the Commission. Certification methodologies should, as much as possible, incentivise the generation of at least have an overall neutral impact on co- benefits for biodiversity going beyond the minimum sustainability requirements. These additional co-benefits willmay give more economic value to the certified carbon removals and willcarbon farming and may 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 onfor active carbon farming activities that provide significant co-benefits forhave a large impact on climate mitigation and that at least have an overall neutral impact on biodiversity.
Amendment 245 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities and carbon farming activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity and of the net carbon farming benefit generated by the carbon farming activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities and different carbon farming 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 carbon farming certification, and take into account any relevant standard and rules adopted at national and Union level.
Amendment 250 #
Proposal for a regulation
Recital 19
Recital 19
(19) In order to ensure a credible and reliable certification process, carbon removal activities should be subject to independent third-party auditing. In particular, carbon removal activities and carbon farming activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net carbon removal benefit and net carbon farming benefit. Carbon removal activities and carbon farming activities should also be subject to periodic re- certification audits to verify the compliance of the generated carbon removals. To this end, the Commission should be empowered to adopt implementing acts to set out the structure, technical details, and the minimum information to be contained in the description of the carbon removal activity and carbon farming activity, and in the certification and re- certification audit reports.
Amendment 253 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘permanent carbon storage’ means a carbon removal activity that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries, including bioenergy with carbon capture and storage, biochar carbon removal and direct air carbon capture and storage;
Amendment 258 #
Proposal for a regulation
Recital 20
Recital 20
(20) Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of the carbon removalsfarming is key for cost- efficient implementation of mitigation actions and for securing their engagement in carbon farming. This is particularly relevant for Union small farmers or forest holders that often lack the know-how and the expertise required to implement carbon removalfarming activities and to comply with the required quality criteria and related certification methodologies. Therefore, it is appropriate to require that producer organisations facilitate the provision of relevant advisory services through technical advice to their members. The Common Agricultural Policy and national State aid can support financially the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters.
Amendment 266 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘carbon farming’ means a carbon removal activity related to landnd biogenic emission reduction activity related to land management, agriculture or forestry 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;
Amendment 274 #
Proposal for a regulation
Recital 22
Recital 22
(22) To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of carbon removal activities and carbon farming activities should have the required competences and skills and should be accredited by national accreditation authorities pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council32 . To avoid possible conflicts of interest, the certification bodies should also be completely independent from the operator carrying out the carbon removal activity or carbon farming activity that is subject to the certification. In addition, Member States should contribute towards ensuring the correct implementation of the certification process by supervising the operation of certification bodies that are accredited by national accreditation authorities, and by informing the certification schemes about relevant non- conformity findings. __________________ 32 Regulation (EC) No 765/2008 of the European Parliament and of the Council of 9 July 2008 setting out the requirements for accreditation and market surveillance relating to the marketing of products and repealing Regulation (EEC) No 339/93 (OJ L 218, 13.8.2008, p. 30).
Amendment 280 #
Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(o a) ‘biochar carbon removal’ means a process, where rather labile organic molecules are thermo-chemically transformed into an inert form, collectively called biochar, and safely stored in a permanent manner.
Amendment 280 #
Proposal for a regulation
Recital 23
Recital 23
(23) Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified carbon removal units or verified carbon farming 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.
Amendment 285 #
Proposal for a regulation
Article 2 – paragraph 1 – point o b (new)
Article 2 – paragraph 1 – point o b (new)
(o b) ‘biochar’ means a stable, porous, carbonaceous material produced through the pyrolytic treatment of organic feedstocks
Amendment 298 #
Proposal for a regulation
Recital 27
Recital 27
(27) Certification schemes play an important role in providing evidence of compliance with the quality criteria for carbon removals and carbon farming. 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.
Amendment 301 #
Proposal for a regulation
Recital 28
Recital 28
(28) To enable operators to apply the quality criteria set out in this Regulation in a standardised and cost-effective way, while taking into account the specific characteristics of different carbon removal activities and different carbon farming 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 and for different types of carbon farming activities. The Commission should also be able to amend Annex II listing the minimum information to be contained in the certificates. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making34 . In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States' experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. __________________ 34 OJ L 123, 12.5.2016, p. 1
Amendment 305 #
Proposal for a regulation
Recital 30
Recital 30
(30) The Commission should review the implementation of this Regulation 3 years following the entry into force of this Regulation, and subsequently not later than six months after the global stocktake agreed under Article 14 of the Paris Agreement.. Those reviews should take into account the relevant developments concerning the Union legislation, technological and scientific progress, market developments in the field of carbon removals and carbon farming and food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.
Amendment 307 #
Proposal for a regulation
Recital 31
Recital 31
(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 310 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. 2. In the case of carbon farming, the net carbon removal benefit shall be quantified by the following formula: Net carbon removal benefit = CRbaseline – CRtotal – GHGreduction - GHGincrease > 0where: (a) CRbaseline is the carbon removals under the baseline; (b) CRtotal is the total carbon removals of the carbon farming activity; (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 farming activity; (d) GHGreduction is the emission reduction of GHG emissions accounted for in CO2 or CO2 equivalent, achieved through the implementation of the carbon farming activity. In this case, 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.
Amendment 318 #
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
1. The objective of this Regulation is to facilitate the deployment of carbon removals and carbon farming 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:and carbon farming by laying down: (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout.)
Amendment 322 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) quality criteria for carbon removal and carbon farming activities that take place in the Union;
Amendment 327 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) rules for the verification and certification of carbon removals and carbon farming;
Amendment 347 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This voluntary Union framework for the certification of carbon removals and carbon farming 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.
Amendment 348 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This voluntary Union framework for the certification of carbon removals and carbon farming 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.
Amendment 359 #
Proposal for a regulation
Article 2 – paragraph 1 – point a
Article 2 – paragraph 1 – point a
(a) ‘carbon removal’ means either the storage of atmospheric or biogenic carbon within geological carbon pools, biogenic carbon pools, long-lasting products and materials, and the marine environment, or the reduction of carbon release from a biogenic carbon pool to the atmosphere;
Amendment 373 #
Proposal for a regulation
Article 2 – paragraph 1 – point b
Article 2 – paragraph 1 – point b
(b) ‘carbon removal activity’ means one or more practices or processes carried out by an operator resulting in permanent carbon storage, enhancing carbon capture in a biogenic carbon pool, reducing the release of carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long- lasting products or materials;
Amendment 374 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) they shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period. For biochar carbon removal, they shall provide sound scientific evidence, that a reversal of a solid form (e.g. carbonates or biochar) of carbon to CO2 is prevented;
Amendment 380 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
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. For biochar carbon removal, this provision does not apply if the carbon is bound permanently in a mineral matrix (concrete) or in soil from which it cannot be separated or released For carbon farming, the carbon stored shall be considered released to the atmosphere at the end of the permanence assessment period included in the certification methodology, provided the minimum monitoring period is respected, unless the operator or the group of operators renew the period by proving the continued and uninterrupted maintenance of carbon farming activity and monitoring.
Amendment 380 #
Proposal for a regulation
Article 2 – paragraph 1 – point c a (new)
Article 2 – paragraph 1 – point c a (new)
Amendment 383 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘operator’ means any legal or physical person who operates or controls a carbon removal activity, or to whom decisive economic power over the technical functioning of the activity has been delegated; for the purposes of carbon farming activities, an operator is a farmer as defined in Article 3(1) of Regulation 22215/2021 or a forest owner or manager as defined by national legislation;
Amendment 394 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘monitoring period’ means a period, the duration of which is determined in accordance to the type of carbon removal activity, over which the storage of carbon is monitored by the operator or the groups of operators;
Amendment 395 #
Proposal for a regulation
Article 2 – paragraph 1 – point f
Article 2 – paragraph 1 – point f
(f) ‘monitoring period’ means a period, the duration of which is determined in accordance to the type of carbon removal or carbon farming activity, over which the storage of carbon is monitored by the operator;
Amendment 404 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘permanent carbon storage’ means a carbon removal activity that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries, including bioenergy with carbon capture and storage, biochar carbon removal and direct air carbon capture and storage;
Amendment 418 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘carbon farming’ means a carbon removalstorage or reduction activity related to land managementor coastal management, agriculture or forestry 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, while at the same time achieving biogenic emission reduction, such as methane and nitrous oxide reduction;
Amendment 425 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘carbon farming activity’ means one or more practices or processes carried out by an operator resulting in carbon storage or emission reductions from carbon farming;
Amendment 428 #
Proposal for a regulation
Article 2 – paragraph 1 – point h b (new)
Article 2 – paragraph 1 – point h b (new)
(hb) ‘carbon farming storage’ means a carbon farming activity that stores atmospheric and biogenic carbon in living biomass, soils and dead organic matter as defined per carbon farming activity in the certification methodology;
Amendment 433 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission is empowered to adopt, within the period of 6 months after the entry into force of this Regulation, 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. For carbon farming, the methodologies shall take into account the diversity of the soil, climate and other relevant contexts of the different Member States. Furthermore for carbon farming, any activity that sequesters carbon and achieves biogenic emission reduction on farm level can be certified. When multiple different carbon farming activities take place on farm level, a single farm certification may be done. In the delegated act, the Commission shall present carbon farming certification methodologies for at least the activities listed in Annex III. This Annex and delegated act shall be reviewed periodically to include new or innovative carbon farming activities.
Amendment 435 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
(i) ‘carbon storage in products’ means a carbon removal or carbon farming activity that stores atmospheric and biogenic carbon in long- lasting products or materials;
Amendment 449 #
Proposal for a regulation
Article 2 – paragraph 1 – point o
Article 2 – paragraph 1 – point o
(o) ‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by a carbon removal or carbon farming activity and registered by a certification scheme.
Amendment 450 #
Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) “biogenic emission reduction unit” means one tonne of CO2 or CO2 equivalent certified GHG emission reduction generated by carbon farming activity and registered by a certification scheme.
Amendment 452 #
Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) ‘carbon farming storage unit’ means one tonne of certified net carbon farming storage benefit generated by a carbon farming activity and registered by a certification scheme.
Amendment 457 #
Proposal for a regulation
Article 2 – paragraph 1 – point o b (new)
Article 2 – paragraph 1 – point o b (new)
(ob) ‘biochar carbon removal’ means a process, where rather labile organic molecules are thermo-chemically transformed into an inert form, collectively called biochar, and safely stored in a permanent manner.
Amendment 458 #
Proposal for a regulation
Article 2 – paragraph 1 – point o b (new)
Article 2 – paragraph 1 – point o b (new)
(ob) ‘carbon farming greenhouse gas reduction unit’ means one tonne of certified net greenhouse gas reduction benefit generated by a carbon farming activity and registered by a certification scheme;
Amendment 461 #
Proposal for a regulation
Article 2 – paragraph 1 – point o c (new)
Article 2 – paragraph 1 – point o c (new)
(oc) ‘biochar’ means a stable, porous, carbonaceous material produced through the pyrolytic treatment of organic feedstocks;
Amendment 466 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Carbon removals shall be eligible for certificationand carbon farming shall respectively be eligible for certification under separate certification frameworks under this Regulation where they meet both of the following conditions:
Amendment 472 #
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are generated from a carbon removal activity or carbon farming activity that complies with the quality criteria set out in Articles 4 to 7;
Amendment 479 #
Proposal for a regulation
Article 3 – paragraph 1 a (new)
Article 3 – paragraph 1 a (new)
For carbon farming, Annex III provides a non-exhaustive list of examples of measures that might be eligible for certification, if managed correctly. The Commission shall review the list periodically and is empowered to adopt delegated acts in accordance with Article 16 to include further examples to the list in order to ensure that new and innovative practices are promoted.
Amendment 501 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 2 – point c
Article 4 – paragraph 1 – subparagraph 2 – point c
(c) GHGincrease is the increase in direct and indirect greenhouse gas emissions, other than those from biogenic carbon pools in the case of carbon farming, which are due to the implementation of the carbon removal activity.
Amendment 508 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. In the case of carbon farming, the net carbon removal benefit shall be quantified by the following formula: Net carbon removal benefit = CRbaseline – CRtotal – GHGreduction - GHGincrease > 0, where: (a) CRbaseline is the carbon removals under the baseline; (b) CRtotal is the total carbon removals of the carbon farming activity; (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 farming activity, (d) GHGreduction is the emission reduction of GHG emissions accounted for in CO2 or CO2 equivalent, achieved through the implementation of the carbon farming activity. In this case, 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.
Amendment 513 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. In the case of carbon farming, an operator or a group of operators may submit as part of their application an alternative formula for quantifying the net carbon farming benefit based on collected data on nutrient cycles at farm level.
Amendment 515 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Quantities referred to in paragraph 1, points (a), (b) and (c) and referred to in paragraph 2 points (a), (b), (c) and (cd), shall be designated with a negative sign (-) if they are net greenhouse gas removals, or in the case of carbon farming, storage or reductions, and with a positive sign (+) if they are net greenhouse gas emissions ;, they shall be expressed in tonnes of carbon dioxide equivalent.
Amendment 518 #
Proposal for a regulation
Annex I a (new)
Annex I a (new)
Amendment 518 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. Carbon removals and carbon farming shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner. Uncertainties in the quantification of carbon removals and carbon farming shall be duly reported and taken into account in a manner that is conservative and proportionate to the level of uncertainty.
Amendment 528 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The standardised baseline shall correspond to the standbe highly representative of the state-of-the- ardt carbon removal or carbon farming performance of comparable activities in similar social, economic, environmental, natural and technological circumstances and take into account the geographical context.
Amendment 537 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. By way of derogation from paragraph 5, where duly justified, the baseline may be based on the individual carbon removal or carbon farming performance of that activity.
Amendment 546 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated, but for legal clarity stay constant throughout the monitoring period once a carbon removal activity or carbon farming activity has started.
Amendment 550 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
8. The quantification of the carbon removals and carbon farming shall account for uncertainties in accordance with recognised statistical approaches.
Amendment 554 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
9. To support the quantification of carbon removals generated by carbon farming, the operator or group of operators shall gather data on carbon removalsfarming and greenhouse gas emissions in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999.
Amendment 556 #
Proposal for a regulation
Article 4 – paragraph 9
Article 4 – paragraph 9
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 with simplified methods for small scale operators, as provided for in Article 8.3.
Amendment 559 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
1. A carbon removal activity and a carbon farming activity shall be additional. To that end, the carbon removal activity shall meet both of the following criteria:
Amendment 568 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) it goes beyond Union and national statutory requirements placed on the operator;
Amendment 572 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) it takes place at least partly due to the incentive effect of the certification.
Amendment 576 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Carbon farming activity shall be additional. To that end, the carbon farming activity shall meet both of the following criteria : (a) go beyond the relevant statutory management requirements and GAEC standards established under Chapter I, Section 2 of Regulation (EU) 2021/2115; (b) go beyond the relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant mandatory requirements established by national and Union law.
Amendment 582 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Where the baseline is established pursuant to Article 4(5), additionality as referred to in paragraph 1 and 1(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.
Amendment 587 #
Proposal for a regulation
Article 6 – title
Article 6 – title
Amendment 600 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) they shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period. For biochar carbon removal, they shall provide sound scientific evidence, that a reversal of a solid form (e.g. carbonates or biochar) of carbon to CO2 is prevented;
Amendment 619 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
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. For biochar carbon removal, this provision does not apply if the carbon is bound permanently in a mineral matrix (concrete) or in soil from which it cannot be separated or released.
Amendment 626 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3a. For carbon farming, the carbon stored shall be considered released to the atmosphere at the end of the permanence assessment period included in the certification methodology, provided the minimum monitoring period is respected, unless the operator or the group of operators renew the period by proving the continued and uninterrupted maintenance of carbon farming activity and monitoring.
Amendment 627 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A carbon removal activity shall have aor a carbon farming activity shall at least have an overall neutral impact on or generate co- benefits for all the following sustainability objectives:
Amendment 633 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) climate change mitigation beyond the net carbon removal benefit referred to in Article 4(1) or the net carbon farming benefit referred to in 4(2), (b) other carbon removal activities or carbon farming activities, in particular permanent removals, (c) the avoidance of the risk for carbon leakage or land use changes in third countries;
Amendment 638 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
(d) transition to a circular economyand bio- based economy, such as replacement of fossil-based products with bio-based products;
Amendment 641 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) protection and restoration of biodiversity and ecosystems, as defined in the national restoration plans.
Amendment 652 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1a. Carbon farming activities shall benefit at least one of the actions below: (a) climate change mitigation, including reduction of greenhouse gas emissions from agricultural practices, as well as maintenance of existing carbon stores and enhancement of carbon sequestration; (b) climate change adaptation, including actions to improve resilience of food production systems and animal and plant diversity for stronger resistance to diseases and climate change; (c) protection or improvement of water quality and reduction of pressure on water resources; (d) prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota; (e) protection of biodiversity, conservation or restoration of habitats or species, including maintenance and creation of landscape features or non-productive areas; (f) actions for a sustainable and reduced use of pesticides and synthetic fertilizers, in particular those that present a risk for human health or environment; Carbon farming activity shall also have a neutral impact or generate co-benefits in terms of social and economic sustainability and food security.
Amendment 670 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
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 particularprioritise climate mitigation, incentivise active management of forest and agricultural land and aim to generate co-benefits for the objectives referred to in paragraph 1, point (f).
Amendment 682 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for activities related to permanent carbon storage, carbon farming and carbon storage in products. Those certification methodologies shall include at least the elements set out in Annex Icarbon removal and carbon farming. Those certification methodologies shall include at least the elements set out in Annex I. The first such delegated act shall be adopted no later than 12 months after the entry into force of this regulation. The delegated acts shall, based on consultation with market actors and the expert group on carbon removals, include the technical certification methodologies for, at least but not only, the activities listed in annex III. The Commission should for carbon farming prioritise activities that results in active and sustainable management of agricultural land and forests.
Amendment 703 #
Proposal for a regulation
Article 8 – paragraph 3 – point a a (new)
Article 8 – paragraph 3 – point a a (new)
(aa) For carbon farming: (i) the diversity of the soil, climate and other relevant contexts of the different Member States; (ii) the option of farm-level certification, where multiple different carbon farming activities are carried out;
Amendment 705 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the objective of minimising administrative burden and keeping the certification procedure as simple as possible for operators, particularly for small-scale carbon farming operators;
Amendment 706 #
Proposal for a regulation
Article 8 – paragraph 3 – point b
Article 8 – paragraph 3 – point b
(b) the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators, particularly with regard to Article 4(9);
Amendment 715 #
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(da) existing standards and best practices in the certification methodologies.
Amendment 716 #
Proposal for a regulation
Article 8 – paragraph 3 – point d b (new)
Article 8 – paragraph 3 – point d b (new)
(db) the outcomes of the deliberations of an expert group consisting of experts of member states and other experts, the outcomes of a public consultation as laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, the outcomes of a call for evidence specific to the respective acts, the outcome of a call for feedback on a draft of the respective acts;
Amendment 719 #
Proposal for a regulation
Article 8 – paragraph 3 a (new)
Article 8 – paragraph 3 a (new)
3a. For carbon farming, when preparing those delegated acts the Commission shall also consult experts involved in the carbon farming projects currently in place and farmers representatives.
Amendment 735 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. To apply for a certification of compliance with this Regulation, an operator or a group of operators shall submit an application to a certification scheme. Upon acceptance of that application, the operator or a group of operators shall submit to a certification body a comprehensive description of the carbon removal or carbon farming activity, including the certification methodology applied to assess compliance with Articles 4 to 7, the expected total carbon removals and net carbon removalcarbon farming storage and emissions reductions and the net carbon removal benefit and carbon farming benefit. Groups of operators shall also specify how advisory services on carbon removal activities and carbon farming activities are provided, in particular to small-scale carbon farming operatoroperators. For operators or groups of operators involved in cross-border and/or multi-country carbon removal and carbon farming projects is it possible to appoint a single certification body for all cross-border and multi-country carbon removal and carbon farming projects.
Amendment 739 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. To apply for a certification of compliance with this Regulation, an operator or a group of operators shall submit an application to a certification scheme. Upon acceptance of that application, the operator or a group of operators shall submit to a certification 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. For carbon farming activities, Member States may provide advice to farmers in the framework of the advisory services referred to in Article 15 or Regulation (EU) 2021/2115.
Amendment 746 #
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
1a. For carbon farming, agricultural parcels registered in the Identification system for agriculture parcels set out in article 68 of Regulation (EU) 2116/2021 that are already certified in a different carbon removal or carbon farming scheme not compliant with this Regulation shall not be eligible to apply for the certification.
Amendment 755 #
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The certification body shall carry out periodic re-certification audits to reconfirm compliance of the carbon removal activity or the carbon farming 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 aor the carbon farming units publicly available in the EU Negative Carbon registry referred to in Article 12.
Amendment 762 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission mayshall no later than 12 months after the entry into force of this Regulation adopt implementing acts to set out the structure, format, technical details of the comprehensive description of the carbon removal activity or the carbon farming 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 768 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Certification bodies appointed by certification schemes shall be accredited by a national accreditation authority pursuant to Regulation (EC) No 765/2008 of the European Parliament and of the Council37 . For the purposes of carbon farming, the national accreditation authority shall be national paying agencies within the meaning of Article 9 of Regulation (EU) 2021/2116. __________________ 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 804 #
Proposal for a regulation
Article 11 – paragraph 5
Article 11 – paragraph 5
5. The Commission shall no later than 12 months after this regulation entering into force 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 817 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. For the purposes of carbon farming, 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 on a particular agricultural parcel shall be included in the Identification system for agricultural parcels, set out in Article 68 of Regulation (EU) 2116/2021.
Amendment 836 #
Proposal for a regulation
Article 13 – paragraph 3
Article 13 – paragraph 3
3. The Commission may, after extensive correspondence 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 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.
Amendment 839 #
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The Commission mayshall no later than 12 months after this regulation entering into force 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 845 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. The Commission mayshall no later than 12 months after this regulation entering into force 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 857 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. The power to adopt delegated acts referred to in Articles 3, 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 859 #
Proposal for a regulation
Article 16 – paragraph 3
Article 16 – paragraph 3
3. The delegation of power referred to in Articles 3, 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 863 #
Proposal for a regulation
Article 16 – paragraph 5
Article 16 – paragraph 5
5. Delegated acts adopted pursuant to Articles 3, 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 870 #
Proposal for a regulation
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
2a. Further to the Report to be submitted to the European Parliament and to the Council by 31 July 2026 as referred to in Directive 2003/87/EC, the Commission shall consider how biogenic emissions reduction resulting from carbon farming activity shall be accounted towards the Union 2040 climate target and how they shall be covered by the EU-ETS.
Amendment 874 #
Proposal for a regulation
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
2b. Further to the Report to be submitted to the European Parliament and to the Council within 12 months of the entry into force of this Regulation as referred to in Regulation 2018/841, the Commission shall consider how the carbon removals resulting from carbon farming shall be accounted for towards the 2030 Union target for net greenhouse gas removals.
Amendment 886 #
Proposal for a regulation
Annex I – paragraph 1 – point k a (new)
Annex I – paragraph 1 – point k a (new)
(ka) quality criteria for biogenic emission reductions in scope of carbon farming;
Amendment 889 #
Proposal for a regulation
Annex I – paragraph 1 – point k b (new)
Annex I – paragraph 1 – point k b (new)
(kb) rules for the verification and certification of biogenic emission reductions;
Amendment 890 #
Proposal for a regulation
Annex I – paragraph 1 – point k c (new)
Annex I – paragraph 1 – point k c (new)
(kc) assessment of carbon storage permanence per carbon farming activity, discount rate applicable and minimum monitoring period required;
Amendment 904 #
Proposal for a regulation
Annex II – paragraph 1 – point i
Annex II – paragraph 1 – point i
(i) net carbon removal benefit referred to in Article 4(1) or 4(2);
Amendment 906 #
Proposal for a regulation
Annex II – paragraph 1 – point j
Annex II – paragraph 1 – point j
(j) carbon removals under the baseline referred to in Article 4(1), point (a) or Article 4(2) point (a);
Amendment 908 #
Proposal for a regulation
Annex II – paragraph 1 – point k
Annex II – paragraph 1 – point k
(k) total carbon removals referred to in Article 4(1), point (b) or Article 4(2) point (b);
Amendment 910 #
Proposal for a regulation
Annex II – paragraph 1 – point l
Annex II – paragraph 1 – point l
(l) increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c) or Article 4(2) point (c);
Amendment 911 #
Proposal for a regulation
Annex II – paragraph 1 – point l a (new)
Annex II – paragraph 1 – point l a (new)
(la) biogenic emission reduction, as referred to in Article 4(2) point (d);
Amendment 923 #
Proposal for a regulation
Annex II a (new)
Annex II a (new)