20 Amendments of Jérémy DECERLE related to 2022/0394(COD)
Amendment 67 #
Proposal for a regulation
Recital 3
Recital 3
(3) "The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals, with notably the view to incentivise the uptake of high- quality carbon removals, in full respect of the biodiversity and the zero- pollution objectives. It is, which also contributes to sustainably reduce emission. It is thereby 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.The voluntary nature of the Union certification framework means that existing and new public and private certification schemes do not have to be recognised by the Commission under this regulation to operate in the EU." __________________ 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 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 84 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) With specific regard to carbon farming activities, the regulation should value the carbon removals and greenhouse gas emission reductions generated by mitigation projects, as long as the latter are not subject to the application of a binding polluter-pays principle at the European level. The aim is to ensure broad support for the certification framework among land managers, while seeking to meet the ambitious greenhouse gas emission reduction targets for 2030, which remain a priority.
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 147 #
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, at least, take into account farming practices as referenced in the Communication on Sustainable Carbon Cycles30 . , as well as other practices which reduce greenhouse gas emissions. When developing certification methodologies in the context of carbon farming, the Commission should take into account the need to minimize negative impacts on food security and to avoid that land is acquired for speculative purposes resulting in negative effects on rural communities. It should also promote those activities that have the largest potential to provide positive co-benefits for biodiversity and climate change adaptation. __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
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 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 202 #
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, including calls for evidence and calls for feedback on draft proposals, 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 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 256 #
Proposal for a regulation
Article 2 – paragraph 1 – point g
Article 2 – paragraph 1 – point g
(g) ‘permanent'industrial 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;
Amendment 258 #
Proposal for a regulation
Article 2 – paragraph 1 – point g a (new)
Article 2 – paragraph 1 – point g a (new)
(g a) 'carbon emission reduction activity' means one or more practices or processes carried out by an operator resulting in a net-greenhouse gas emission reduction benefit in sectors not covered by the annex I or the annex III of the ETS Directive;
Amendment 262 #
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” can be defined as a green business model that rewards land managers for taking up improved land management thatpractices. This results in the increase of carbon storageequestration in living biomass, dead organic matter and soils by enhancing carbon capture and/or the reducing the release of carbon totion of greenhouse gas emissions, in respect of ecological principles favourable to biodiversity and the natmosphere; ural capital overall;
Amendment 297 #
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
1. A carbon removal activity shall provide a net carbon removal benefit, which shall be quantified using the following formula:
Amendment 300 #
Proposal for a regulation
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
Net carbon removal benefit = CRbaseline – CRtotal – GHGincrease > 0
Amendment 311 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 340 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated but stays constant throughout the monitoring period once a carbon removal activity has started.
Amendment 398 #
Proposal for a regulation
Article 7 – paragraph 1 – point a
Article 7 – paragraph 1 – point a
(a) For industrial carbon storage and carbon storage in products only, climate change mitigation beyond the net carbon removal benefit referred to in Article 4(1);
Amendment 440 #
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 permanentindustrial carbon storage, carbon farming and carbon storage in products. Those certification methodologies shall include at least the elements set out in Annex I.
Amendment 452 #
Proposal for a regulation
Article 8 – paragraph 3 – point a
Article 8 – paragraph 3 – point a
(a) the objectives of ensuring the robustness of carbon removals and GHG reductions and recognising the protection and restoration of ecosystems;