47 Amendments of Simone SCHMIEDTBAUER related to 2022/0394(COD)
Amendment 62 #
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 the view to incentivise the uptake of high- quality carbon removals, in full respect of the biodiversity and the zero-pollution objectives. It is a tool to support the achievement of the Union objectives under the Paris Agreement, notably the goal of collective climate neutrality by 2050 laid down in Regulation (EU) 2021/1119 of the European Parliament and of the Council24. The Union also committed to generate negative emissions after 2050. In accordance with Regulation (EU) 2021/1119, priority should be given to reductions in fossil emissions, which will have to be complemented by increased carbon removals in order to achieve climate neutrality. Regulation (EU) 2021/119 recognises that carbon sinks include natural and technological solutions. An important instrument to enhance carbon removals in terrestrial ecosystems is Regulation (EU) 2018/841 of the European Parliament and of the Council25, which is currently under review. The objective of the review is to set out a Union net removals target of 310 Mt CO2 eq by 2030, and to allocate respective targets to each Member State. __________________ 24 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 25 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 73 #
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 achieving the nature restoration targets set out in Union law on nature restoration. The Union certification framework will be instrumental in meeting the Union climate change mitigation objectives set in international agreements and in the Union legislation.
Amendment 83 #
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5a) The different types of carbon removal vary in terms of the removal activity, the storage medium and the storage timescales, which can vary from decades for carbon farming or storage in certain products to permanent storage in geological formations, where the carbon may be permanently isolated from the atmosphere if the geological storage site is appropriately selected and managed. Both permanent and temporary carbon removals can contribute to meeting climate goals, but under different conditions.
Amendment 103 #
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, 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. Data protection demands are high, since much of the data collected may be personal data. 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 107 #
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)Reporting co- benefits on certificates can increase the value of the certified carbon removals.
Amendment 115 #
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 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 toshould 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 120 #
Proposal for a regulation
Recital 11
Recital 11
(11) In order to ensure that the Union certification framework channels incentives toward carbon removals that go beyond the standard practice, carbon removal activities should be additional. Therefore, these activities should go beyond statutory requirements, that is, operators should carry out activities that are not already imposed upon them by the applicable law. Moreover, carbon removal activities should take place due to the incentive effect provided by the certification. Such effect is present when the incentive created by the potential revenues, resulting from the certification, changes the behaviour of operators in such a way that they engage in the additional carbon removal activity to achieve additional carbon removals.
Amendment 132 #
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. 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.
Amendment 138 #
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 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 146 #
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. More specifically, those practices are highly site-dependent land- use practices that contribute to increased carbon sequestration and ideally also lead to co-benefits for ecosystems and biodiversity. These include, in particular, afforestation and reforestation, agroforestry, the use of catch crops, cover crops, expansion of landscape features to prevent erosion, and restoration of peatlands. __________________ 30 Communication from the Commission, Sustainable Carbon Cycles, COM (20221) 800.
Amendment 157 #
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 178 #
Proposal for a regulation
Recital 21
Recital 21
(21) It is appropriate that carbon removal certificates underpin different end- uses, such as the compilation of national and corporate greenhouse gas inventories, including with regard to Regulation (EU) 2018/841 of the European Parliament and of the Council31, the proof of climate- related and other environmental corporate claims (including on biodiversity), or the exchange of verified carbon removal units through voluntary carbon offsetting markets. To this end, the certificate should contain accurate and transparent information on the carbon removal activity, including the total removals and net carbon removal benefit that comply with the quality criteria set out in this Regulation. The Commission should be also empowered to adopt delegated acts to further specify or amend Annex II which lists the minimum information to be contained in the certificates. __________________ 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 191 #
Proposal for a regulation
Recital 25
Recital 25
Amendment 195 #
Proposal for a regulation
Recital 26
Recital 26
(26) Certification schemesThe Commission should establish and maintain interoperable publica Union registriesy in order to ensure transparency and full traceability of carbon removal certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same carbon removal activity because the activity has been registered under two different certification schemes or has been registered twice under the same scheme. Fraud may also occur when the same certificate is used several times to make the same claim based on a carbon removal activity or a carbon removal unit. The Union registriesy 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. The Union registriesy 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 thosee Union registriesy.
Amendment 196 #
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. 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 199 #
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 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-Making. 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 209 #
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 by operators or groups of operators, while ensuring that those removals do not undermine the objective of reducing greenhouse gas emissions. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:
Amendment 217 #
Proposal for a regulation
Article 1 – paragraph 1 – point a a (new)
Article 1 – paragraph 1 – point a a (new)
(aa) certificate end-use rules;
Amendment 220 #
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(Does not affect the English version.)
Amendment 222 #
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(bb) criteria for the issuance and use of certificates;
Amendment 230 #
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 236 #
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, enhancor ing carbon capture in a biogenic carbon pool, reducing the releasestorage in products, ofr carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long- lasting products or materialarming activities;
Amendment 244 #
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. In order to receive a carbon farming payment an operator is a farmer as defined under Article 3(1) of Reg 22215/2021 or a forest owner or manager as defined by national legislation, who can demonstrate a long term control of the land for the duration of the scheme and is located in proximity to the land to enable appropriate management;
Amendment 252 #
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 centuriesa significant period of time, including bioenergy with carbon capture and storage, biochar carbon removal and direct air carbon capture and storage;
Amendment 265 #
Proposal for a regulation
Article 2 – paragraph 1 – point h
Article 2 – paragraph 1 – point h
(h) ‘carbon farming’ means a carbon removal activity related to land management that results in the increase of carbon storage in living biomass, dead organic matter and soils by enhancing carbon capture and/or reducing the release of carbon to the atmosphere that can also reduce carbon release, for example in the case of bogland and peatland rewetting;
Amendment 283 #
Proposal for a regulation
Article 2 – paragraph 1 – point o a (new)
Article 2 – paragraph 1 – point o a (new)
(oa) ‘reversal’ means any release of removed, stored and certified carbon that occurs during the monitoring period.
Amendment 352 #
Proposal for a regulation
Article 5 – paragraph 1 – introductory part
Article 5 – paragraph 1 – introductory part
(1) A carbon removal activity shall be additional. To that end, the carbon removal activity shall meet both of the following criteria:go beyond Union and national statutory requirements.
Amendment 356 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
Amendment 360 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
Amendment 366 #
Proposal for a regulation
Article 5 – paragraph 2 a (new)
Article 5 – paragraph 2 a (new)
2 a. The Commission shall provide funding for the establishment of carbon baselines and MRV as a public service, in recognition of the public good that is achieved through the locking of carbon in soils.
Amendment 377 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) they shall be subject to appropriate liability mechanisms in order to address any release of the stored carbon occurring during the monitoring period with the exception of where force majeure applies. Such circumstances may be protected through a mutual fund or insurance mechanism.
Amendment 379 #
Proposal for a regulation
Article 6 – paragraph 2 – point b – point i (new)
Article 6 – paragraph 2 – point b – point i (new)
i) Where public policy, in the public interest, mandates farmers to conduct an activity that reduces their carbon stocks, the farmer will not be held liable for the impact on carbon stocks of such required activities.
Amendment 386 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
(3) For carbon farming and carbon storage in products, tThe carbon stored by a carbon removal activity shall be considered released to the atmosphere at the end of the monitoring period.
Amendment 395 #
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 on orand may generate co- benefits for all the following sustainability objectives:
Amendment 408 #
Proposal for a regulation
Article 7 – paragraph 1 – point f a (new)
Article 7 – paragraph 1 – point f a (new)
(fa) food security.
Amendment 424 #
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).
Amendment 453 #
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; In developing a carbon certification scheme, operators should ensure that the administrative burden on land managers is minimal, to enable greater uptake.
Amendment 463 #
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 and shall specify how they propose to minimise the administrative burden for land managers, in particular to small-scale carbon farming operators.
Amendment 467 #
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 469 #
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 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 makstore the summary of the re-certification audit report, the updated certificate and the certified carbon removal units publicly available in ain the Union registry referred to in Article 12.
Amendment 470 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 481 #
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
(2) Certification schemes shall operate on the basis of reliable and transparent rules and procedures, in particular with regard to internal management and monitoring, handling of complaints and appeals, stakeholder consultation, transparency and publication of information, appointment and training of certification bodies, and addressing non- conformity issues, development and management of registries.
Amendment 490 #
Proposal for a regulation
Article 12 – title
Article 12 – title
Amendment 494 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
(1) A certification schemeThe Commission shall establish and duly maintain a public registry to make publicly accessibleregistry (‘Union registry’) so as to be able to verify the information related to the certification process, including the certificates and updated certificates, and the quantity of carbon removal units certified in accordance with Article 9. Those registries shall use automated systems, including electronic templates, and shall be interoperable.
Amendment 499 #
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
(2) The Commission may adopt implementing acts setting out the structure, format, and technical details of the publicUnion registriesy, and of the recording, holding or use of carbon removal units, as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 504 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
(2) The Commission shall make those reports publicly available, in full or, where necessary to preserve the confidentiality of commercially sensitive information,available in an aggregated form.
Amendment 519 #
Proposal for a regulation
Annex II – paragraph 1 – point b
Annex II – paragraph 1 – point b
(b) the location of the carbon removal activity, including geographically explicit location of the activity boundaries, respecting 1:5000 mapping scale requirements for the Member State;