35 Amendments of Martin HOJSÍK related to 2022/0394(COD)
Amendment 97 #
Proposal for a regulation
Recital 2
Recital 2
(2) At a global scale, the latest report23 by the International Panel on Climate Change (IPCC) points towards a decreasing likelihood of limiting global warming to 1.5 °C unless rapid and deep cuts in global greenhouse gas (GHG) emissions occur throughout the forthcoming decades. The IPCC report also clearly states that ‘the deployment of carbon dioxide removal to counterbalance hard-to-abate residual emissions is unavoidable if net-zero carbon dioxide (CO2) or GHG emissions are to be achieved’. This will require the large-scale deployment of sustainable activities for capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrialterrestrial, including in soil, and marine ecosystems, for productcenturies. Today and with current policies, the Union is not on track to deliver the required carbon removals: carbon removals in terrestrial ecosystems have been decreasing in recent years, and no significant industrial carbon removals are currently taking place in the Unionincluding for the purpose of increased harvest to substitute fossil carbon in other economic sectors, including those covered by emission trading. __________________ 23 IPCC Working Group III (2022), Technical Summary. In: Climate Change 2022: Mitigation of Climate Change. Sixth Assessment Report (link).
Amendment 102 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Soil organic carbon and carbon pool of deadwood, much of which consequently feeds in the soil carbon pool, are of particularly high relevance for both climate action and biodiversity protection. Empirical evidence suggests that deadwood in form of coarse woody debris acts as a carbon storage. It contributes further to the creation of terrestrial carbon sink of forest soil preventing mineralisation into CO2. Both of these mechanisms should be adequately factored in the certification framework, and management, which enhances these pools, including restoration, restoration by conservation, non-use and non- intervention, should be eligible for certification of carbon removals.
Amendment 104 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
Amendment 107 #
Proposal for a regulation
Recital 2 b (new)
Recital 2 b (new)
(2b) Certification of carbon removals should not apply to zero-rated emissions of biogenic carbon.
Amendment 108 #
Proposal for a regulation
Recital 2 c (new)
Recital 2 c (new)
(2c) While carbon ages in soil differ, in particular in the function of the depth of soil, the research indicates that mean age of mineral soils can reach thousands of years. Therefore, for the purpose of the legislation, the certification of enhancement of soil carbon and its building up in deeper layers by means of application of sustainable practices, inter alia by protection of old-growth and primary forests, restoration of peatlands and by benchmarking of active restoration efforts in forest ecosystems by the state of old-growth and primary forests, should be recognized in the certification framework as permanent storage.
Amendment 110 #
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. 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.../….[Nature Restoration Law] . The objective of the Proposal involves restoration of carbon-rich ecosystems. __________________ 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 122 #
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. In light of the major role played by blue carbon ecosystems in the natural absorption of carbon, the Commission should also develop within this EU certification framework a specific methodology for including these ecosystems in eligible projects under the certification scheme, in particular to encourage Member States to include blue carbon initiatives in their Nationally Determined Contributions (NDCs). 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 164 #
Proposal for a regulation
Recital 7 a (new)
Recital 7 a (new)
(7a) The Commission should put in place careful planning and robust means to collect data on blue carbon capture and storage, such as adaptation strategies in the management and development plans of all coastal and marine sectors (aquaculture, fisheries, tourism, transport, etc.) including data-collection systems related to carbon sequestration and mapping of these ecosystems.
Amendment 205 #
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 geologicasoil formations and marine ecosystems 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 in agricultural, forest land or peatland and carbon storage in productsdeadwood 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 208 #
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, collective buffers or accounts of carbon removal units, and up-front insurance mechanisms. Since liability mechanisms in respect of geological storage and CO2 leakage, and relevant corrective measures have already been laid down by Directive 2003/87/EC and Directive 2009/31/EC of the European Parliament and of the Council27 , those liability mechanisms and corrective measures should apply to avoid double regulation. __________________ 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 215 #
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. Practices, such as forest monocultures, and conversion of old- growth or primary forests and removals generated therefrom, 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 222 #
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 land- based, marine and coastal 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 349 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This voluntary Union framework for the certification of carbon removals does not apply to emissions falling within the scope of Directive 2003/87/EC, with the exception ofincluding to the storage of carbon dioxide emissions from sustainable biomass that are zero-rated in accordance with Annex IV thereto.
Amendment 358 #
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 atmospherebiogenic carbon pools and the marine environment;
Amendment 368 #
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 operato land manager resulting in permanent carbon storage, enhancing carbon capture in a biogenic carbon pools, reducing the release of carbon from a biogenic carbon pool to the atmosphere, inter alia by responsible peatland management by means of use, conservation and non-use, by choice of non-intervention management of for estoring atmospheric or biogenics, contributing to creation of strong terrestrial carbon sin long- lasting products or materialsk of forest soil, enhancing the pools of deadwood , its feeding into forest soil and contributing to the climate adaptation action and improved local hydrological cycle;
Amendment 377 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘biogenic carbon pool’ means above-ground biomass, below-ground biomass, coastal and marine ecosystems, such as mangroves, salt marshes and seagrasses (blue carbon), litter, dead wood and soil organic carbon as set out in points (a) to (e) of Part B of Annex I to Regulation 2018/841;
Amendment 378 #
Proposal for a regulation
Article 2 – paragraph 1 – point c
Article 2 – paragraph 1 – point c
(c) ‘biogenic carbon pool’ means above-ground biomass, below-ground biomass, litter, dead wood and soil organic carbon of mineral and organic soils as set out in points (a) to (e) of Part B of Annex I to Regulation 2018/841;
Amendment 386 #
Proposal for a regulation
Article 2 – paragraph 1 – point d
Article 2 – paragraph 1 – point d
(d) ‘operator’ means lanyd manager, 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;
Amendment 388 #
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 on land or marine, or to whom decisive economic power over the technical functioning of the activity has been delegated;
Amendment 390 #
Proposal for a regulation
Article 2 – paragraph 1 – point e
Article 2 – paragraph 1 – point e
(e) ‘group of operators’ means a legal entity that represents more than one operatoland manager and is responsible for ensuring that those operatoland managers comply with this Regulation;
Amendment 409 #
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 and direct air carbon capture and storagestoring carbon in deadwood and in soil;
Amendment 431 #
Proposal for a regulation
Article 2 – paragraph 1 – point i
Article 2 – paragraph 1 – point i
Amendment 438 #
Proposal for a regulation
Article 2 – paragraph 1 – point i a (new)
Article 2 – paragraph 1 – point i a (new)
(ia) 'carbon storage in marine and coastal ecosystems' means a carbon removal activity related to coastal and marine ecosystems management, that increases carbon storage in living biomass.
Amendment 470 #
Proposal for a regulation
Article 3 – paragraph 1 – introductory part
Article 3 – paragraph 1 – introductory part
Carbon removals shall be eligible for certification under this Regulation where they meet bothall of the following conditions:
Amendment 475 #
Proposal for a regulation
Article 3 – paragraph 1 – point a a (new)
Article 3 – paragraph 1 – point a a (new)
(aa) they are generated from the activity that has not led to decrease in the pools of carbon in Annex I to Regulation (EU) 2018/841;
Amendment 476 #
Proposal for a regulation
Article 3 – paragraph 1 – point a b (new)
Article 3 – paragraph 1 – point a b (new)
(ab) they are not generated from the conversion of old-growth or primary forests or from an activity which led to a land use change of highly biodiverse ecosystem;
Amendment 514 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2a. A specific quantification must be established for carbon removal activities resulting from blue carbon ecosystems.
Amendment 531 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The baseline shall correspond to the standard carbon removal performance of comparable activities in similar social, economic, environmental and technologicenvironmental circumstances and take into account the geographical context.
Amendment 566 #
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 and good agricultural and environmental conditions pursuant the Common Agricultural Policy;
Amendment 570 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) it takes place due to the incentive effect of the certificaeffect of creation of synergies between biodiversity conservation and/or restoration and climate change adaptation and mitigation action.
Amendment 578 #
Proposal for a regulation
Article 5 – paragraph 1 a (new)
Article 5 – paragraph 1 a (new)
1a. Storage of carbon in wood products is not considered additional for the purpose of this Regulation as harvested wood products are products for which a well-functioning market has existed for centuries for an entirely different purpose.
Amendment 580 #
Proposal for a regulation
Article 5 – paragraph 1 b (new)
Article 5 – paragraph 1 b (new)
1b. Due to the pressure posed on old- growth and primary forests by logging and conversion of theirs, the strict protection of these forests is considered additional for the purpose of this Regulation.
Amendment 624 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. For carbon farming and carbon storage in productsdeadwood, the carbon stored by a carbon removal activity shall be considered released to the atmosphere at the end of the monitoring period.
Amendment 637 #
Proposal for a regulation
Article 7 – paragraph 1 – point d
Article 7 – paragraph 1 – point d
Amendment 642 #
Proposal for a regulation
Article 7 – paragraph 1 – point f
Article 7 – paragraph 1 – point f
(f) protection and restoration of biodiversity and land-based, marine and coastal ecosystems.