56 Amendments of Dacian CIOLOŞ related to 2022/0394(COD)
Amendment 56 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The Union voluntary certification framework builds on and contributes to the ongoing public and private work on certification of carbon removals. This concerns the work on private standards such as Gold Standard and VERRA, initiatives such as the Greenhouse Gas Protocol and the Science-Based Targets Initiative (SBTi), and also on standards and work done by public actors such as the French Label Bas Carbone and the Australian Emission Reduction Fund (ERF).
Amendment 91 #
Proposal for a regulation
Recital -1 (new)
Recital -1 (new)
(-1) The Union voluntary certification framework builds on and contributes to the ongoing public and private work on certification of carbon removals. This concerns the work on private standards such as Gold Standard and VERRA, initiatives such as the Greenhouse Gas Protocol and the Science-Based Targets Initiative (SBTi), and also on standards and work done by public actors such as the French Label Bas Carbone and the Australian Emission Reduction Fund (ERF).
Amendment 93 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals should be eligible for certification under the Union certification framework. To this end, carbon removals should be quantified in an accurate and robust way; and they should be generated only by carbon removal activities that generate a net carbon removal benefit, are additional, aim to ensure long-term storage of carbon, and have a neutral impact ordo not do significant harm or that have a co-benefit on sustainability objectives. Furthermore, carbon removals should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero-rated in accordance with Annex IV thereto. __________________ 26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 106 #
Proposal for a regulation
Recital 7
Recital 7
(7) A carbon removal activity should result in a net carbon removal benefit showing that it delivers a positive climate impact. The net carbon removal benefit should be computed following two steps. First, operators should quantify the amount of additional carbon removals that a carbon removal activity has generated in comparison to a baseline. A 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, 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 123 #
Proposal for a regulation
Recital 12
Recital 12
(12) A standardised baseline should reflect the statutory and market conditions in which the carbon removal activity takes place. If a carbon removal activity is imposed upon operators by the applicable law, or it does not need any incentives to take place, its performance will be reflected in the baseline. In the case of carbon farming on arable mineral soils the standardised baseline can be considered to be flat taking into account that current carbon removal rates on mineral soils in the EU are on average close to zero. 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 127 #
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. Activities that store carbon in geological formations provide enough certainties on the very long-term duration of several centuries for the stored carbon and can be considered as providing permanent storage of carbon. Carbon farming or carbon storage in products are more exposed to the risk of voluntary or involuntary release of carbon into the atmosphere. To account for this risk, the validity of the certified carbon removals generated by carbon farming and carbon storage in products should be subject to an expiry date matching with the end of the relevant monitoring period or the end of post-implementation monitoring across a carbon removal portfolio. 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 or a carbon removal portfolio manager operates a proportioned liability mechanism that monitors portfolio-wide longevity performance for instance through a combination of remote-sensing and in-situ sampling technologies.
Amendment 141 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removal activities have a strong potential to deliver win-win solutions for social, environmental, and economic 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 ordo no significant harm or that they 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, agricultural productivity, product quality, and farmers income. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, build on the technical screening criteria for Do Not Significant Harm concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928 , and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council29 . Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification. __________________ 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 149 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices that remove CO2 from the atmosphere can 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, such as sustainable private finance, contractual arrangements along supply chains, voluntary carbon markets and product claims, if measuring and monitoring methodologies show ac count farming practices as referenced in the Communication on Sustainable Carbon Cycles30 ntribution to carbon removal and co- benefits or, in the absence of measuring and monitoring methodologies, a scientific ex ante assessment has proven a robust contribution of the carbon farming activity to carbon removal or co-benefits. __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
Amendment 150 #
Proposal for a regulation
Recital 6
Recital 6
(6) This Regulation should set out the requirements under which carbon removals should be eligible for certification under the Union certification framework. To this end, carbon removals should be quantified in an accurate and robust way; and they should be generated only by carbon removal activities that generate a net carbon removal benefit, are additional, aim to ensure long-term storage of carbon, and have a neutral impact ordo not do significant harm or that have a co-benefit on sustainability objectives. Furthermore, carbon removals should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council26 are in place which regulate the treatment of emissions from activities covered by that Directive. This Regulation should be without prejudice to Directive 2003/87/EC, except in relation to the certification of removals of emissions from sustainable biomass which are zero-rated in accordance with Annex IV thereto. __________________ 26 Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (OJ L 275, 25.10.2003, p. 32).
Amendment 160 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report social, environmental and economic 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 willmay give more economic value to the certified carbon removals and willmay result in higher revenues for the operators. In the light of these considerations, it is appropriate for the Commission to prioritise the development of measuring and monitoring methodologies for biodiversity and other co-benefits of carbon farming and of tailored certification methodologies on carbon farming activities that provide significant co-benefits for biodiversity or other social, environmental and economic objectives. The tailored certification methodologies will include a scientific ex ante assessment proofing a robust contribution of the carbon farming activity to the co- benefit.
Amendment 161 #
Proposal for a regulation
Recital 7
Recital 7
(7) A carbon removal activity should result in a net carbon removal benefit showing that it delivers a positive climate impact. The net carbon removal benefit should be computed following two steps. First, operators should quantify the amount of additional carbon removals that a carbon removal activity has generated in comparison to a baseline. A 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, 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 166 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities. Those methodologies should be developed in close consultation with the Expert Group on Carbon Removals and all other interested actors. The development of these methodologies should be supported by clear evidence and should include a call for feedback on the draft methodologies, providing all interested stakeholders with the possibility to contribute. 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 setting of core regulatory elements such as long- term storage, liability, additionality, and criteria for social, environmental and economic co-benefits of carbon farming, spelling out clear design features for the underlying methodologies, will follow the ordinary legislative procedure since these standards can fundamentally affect agricultural and carbon farming.
Amendment 185 #
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 the European Commission. 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 193 #
Proposal for a regulation
Recital 12
Recital 12
(12) A standardised baseline should reflect the statutory and market conditions in which the carbon removal activity takes place. If a carbon removal activity is imposed upon operators by the applicable law, or it does not need any incentives to take place, its performance will be reflected in the baseline. In the case of carbon farming on arable mineral soils, the standardised baseline can be considered to be flat taking into account that current carbon removal rates on mineral soils in the EU are on average close to zero. 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 201 #
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 201 #
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 be subject to an expiry date matching with the end of the relevant monitoring period or the end of post-implementation monitoring across a carbon removal portfolio. . 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 or a carbon removal portfolio manager operates a proportioned liability mechanism that monitors portfolio-wide longevity performance for instance through a combination of remote-sensing and in-situ sampling technologies.
Amendment 221 #
Proposal for a regulation
Recital 15
Recital 15
(15) Carbon removal activities have a strong potential to deliver win-win solutions for social, environmental, and economic 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 ordo no significant harm or that they 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, agricultural productivity, product quality, and farmersʼ income. Those sustainability requirements should, as appropriate, and taking into consideration local conditions, build on the technical screening criteria for Do Not Significant Harm concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/213928 , and on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council29 . Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification. __________________ 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 231 #
Proposal for a regulation
Recital 16
Recital 16
(16) Farming practices that remove CO2 from the atmosphere can 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 Regulati, such as sustainable private finance, contractual arrangements along should take into account farming practices as referenced in the Communication on Sustainable Carbon Cycles30 . __________________ 30 Communication from the Commission, Sustainablupply chains, voluntary carbon markets and product claims, if measuring and monitoring methodologies show a contribution to carbon removal and co- benefits or, in the absence of measuring and monitoring methodologies, a scientific ex ante assessment has proven a robust contribution of the Ccarbon Cycles, COM (20221) 800farming activity to carbon removal or co-benefits.
Amendment 237 #
Proposal for a regulation
Recital 17
Recital 17
(17) Operators or groups of operators may report social, environmental and economic 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 willmay give more economic value to the certified carbon removals and willmay result in higher revenues for the operators. In the light of these considerations, it is appropriate for the Commission to prioritise the development of measuring and monitoring methodologies for biodiversity and other co-benefits of carbon farming and of tailored certification methodologies on carbon farming activities that provide significant co-benefits for biodiversity or other social, environmental, and economic objectives. The tailored certification methodologies will include a scientific ex ante assessment proofing a robust contribution of the carbon farming activity to the co- benefit.
Amendment 243 #
Proposal for a regulation
Recital 18
Recital 18
(18) It is appropriate to develop detailed certification methodologies for the different carbon removal activities in order to apply, in a standardised, verifiable and comparable way, the quality criteria laid down in this Regulation. Those methodologies should ensure the robust and transparent certification of the net carbon removal benefit generated by the carbon removal activity, while avoiding disproportionate administrative burden for operators or group of operators, in particular for small farmers and forest holders. To this end, the Commission should be empowered to supplement this Regulation by adopting delegated acts establishing detailed certification methodologies for the different carbon removal activities. Those methodologies should be developed in close consultation with the Expert Group on Carbon Removals and all other interested actors. The development of these methodologies should be supported by clear evidence and should include a call for evidence on the draft methodologies, providing all interested stakeholders with the possibility to contribute 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 setting of core regulatory elements such as long- term storage, liability, additionality, and criteria for social, environmental, and economic co-benefits of carbon farming, spelling out clear design features for the underlying methodologies, will follow the ordinary legislative procedure since these standards can fundamentally affect agricultural and carbon farming.
Amendment 264 #
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 greenhouse gas 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 carbongreenhouse gas to the atmosphere;
Amendment 271 #
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 the European Commission. 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)informing the certification schemes about relevant non-conformity findings.
Amendment 274 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(h a) ‘carbon farming storage’ means storages of atmospheric and biogenic carbon in living biomass, soils and dead organic matter;
Amendment 302 #
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 306 #
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 that are already covered with the combined provisions in paragraphs 1a, 1b and 2, which are due to the implementation of the carbon removal activity.
Amendment 309 #
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 326 #
Proposal for a regulation
Article 4 – paragraph 5 a (new)
Article 4 – paragraph 5 a (new)
5 a. For carbon farming on arable mineral soils the standardised baseline is flat, equalling zero removals.
Amendment 339 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated but should stay constant throughout the monitoring period once a carbon removal activity has started.
Amendment 388 #
Proposal for a regulation
Article 6 – paragraph 3 a (new)
Article 6 – paragraph 3 a (new)
3 a. 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 or a carbon removal portfolio manager takes over liability and ensures, as part of portfolio-wide monitoring, uninterrupted continuation of the monitoring after the end of the monitoring period.
Amendment 396 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A carbon removal activity shall have a neutral impact ondo no significant harm or generate co- benefits for all the following sustainability objectives:
Amendment 404 #
Proposal for a regulation
Article 7 – paragraph 1 – point f – point i (new)
Article 7 – paragraph 1 – point f – point i (new)
i) agricultural productivity, including security of agricultural production;
Amendment 405 #
Proposal for a regulation
Article 7 – paragraph 1 – point f – point ii (new)
Article 7 – paragraph 1 – point f – point ii (new)
ii) quality of agricultural produce;
Amendment 406 #
Proposal for a regulation
Article 7 – paragraph 1 – point f – point iii (new)
Article 7 – paragraph 1 – point f – point iii (new)
iii) farmers income or the economic result of the farm operation.
Amendment 414 #
Proposal for a regulation
Article 7 – paragraph 1 a (new)
Article 7 – paragraph 1 a (new)
1 a. 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) agricultural productivity including security of agricultural production; (g) quality of agricultural produce; (h) farmers income or the economic result of the farm operation.
Amendment 419 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1, a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8 or where relevant and available to those laid down in the sectoral sustainability corresponding regulation, such as the CAP for agriculture carbon farming removal activities.
Amendment 420 #
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 greenhouse gas 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 carbongreenhouse gas to the atmosphere;
Amendment 426 #
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 particular for the objective way they are reported under this regulation shall comply with the certification methodologies set out in acts referred to in paragraph 1, point (f)Article 8.
Amendment 426 #
Proposal for a regulation
Article 2 – paragraph 1 – point h a (new)
Article 2 – paragraph 1 – point h a (new)
(ha) ‘carbon farming storage’ means storages of atmospheric and biogenic carbon in living biomass, soils and dead organic matter;
Amendment 444 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. The Commission will follow the ordinary legislative procedure to establish carbon farming standards in a supporting act regarding Articles 4 to 7 which will serve as a basis for establishing the certification methodologies in paragraph 1.
Amendment 476 #
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 the Commission. __________________ 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 500 #
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 that are already covered with the combined provisions in paragraphs 1a, 1b and 2, which are due to the implementation of the carbon removal activity.
Amendment 505 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14 a When preparing the implementing acts referred to in article 9 and articles 11 to 14 the Commission shall take into account the following elements: (a) relevant Union and international certification systems of governance; (b) the outcomes of the deliberations of the expert group referred to in Article 8; (c) the outcomes of a public consultation as laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making; (d) the outcomes of a call for evidence specific to the respective acts; (e) the outcome of a call for feedback on a draft of the respective acts.
Amendment 506 #
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 523 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4a. for carbon farming on arable mineral soils the standardised baseline is flat, equalling zero removals.
Amendment 547 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. The baseline shall be periodically updated but should stay constant throughout the monitoring period once a carbon removal activity has started.
Amendment 625 #
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 or a carbon removal portfolio manager takes over liability and ensures, as part of portfolio-wide monitoring, uninterrupted continuation of the monitoring after the end of the monitoring period.
Amendment 629 #
Proposal for a regulation
Article 7 – paragraph 1 – introductory part
Article 7 – paragraph 1 – introductory part
1. A carbon removal activity shall have a neutral impact ondo no significant harm or generate co- benefits for all the following sustainability objectives:
Amendment 647 #
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) agricultural productivity, including security of agricultural production.
Amendment 649 #
Proposal for a regulation
Article 7 – paragraph 1 – point f b (new)
Article 7 – paragraph 1 – point f b (new)
(fb) quality of agricultural produce.
Amendment 650 #
Proposal for a regulation
Article 7 – paragraph 1 – point f c (new)
Article 7 – paragraph 1 – point f c (new)
(fc) farmers income or the economic result of the farm operation.
Amendment 651 #
Proposal for a regulation
Article 7 – paragraph 1 – subparagraph 1 (new)
Article 7 – paragraph 1 – subparagraph 1 (new)
Amendment 658 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. For the purposes of paragraph 1, a carbon removal activity shall comply with minimum sustainability requirements laid down in the certification methodologies, set out in the delegated acts adopted pursuant to Article 8 or where relevant and available to those laid down in the sectoral sustainability corresponding regulation, such as the CAP for agriculture carbon farming removal activities.
Amendment 668 #
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 particular for the objective referred to in paragraph 1, point (f). way they are reported under this regulation shall comply with the certification methodologies set out in delegated acts referred to in Article 8
Amendment 693 #
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2a. The Commission will follow the ordinary legislative procedure to establish carbon farming standards in a supporting act regarding Articles 4 to 7 which will serve as a basis for establishing the certification methodologies in paragraph 1.
Amendment 773 #
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 Council37the Commission. __________________ 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 850 #
Proposal for a regulation
Article 14 a (new)
Article 14 a (new)
Article 14a When preparing the implementing acts referred to in article 9 and articles 11 to 14 the Commission shall take into account the following elements: (a) relevant Union and international certification systems of governance; (b) he outcomes of the deliberations of the expert group referred to in Article 8; (c) the outcomes of a public consultation as laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making; (d) the outcomes of a call for evidence specific to the respective acts; (e) the outcome of a call for feedback on a draft of the respective acts.