Activities of Colm MARKEY related to 2022/0394(COD)
Plenary speeches (1)
Union certification framework for carbon removals
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals
Amendments (37)
Amendment 97 #
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 minimal harm to or generate co- benefit ons for 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 131 #
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 134 #
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, mutual funds, 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 143 #
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 impactdo minimal harm to 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 144 #
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 one consistent with 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 145 #
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 one consistent with 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 215 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) quality criteria for carbon removal activities that take place in the Union;
Amendment 216 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) quality criteria for carbon removal activities that take place in the Union;
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 246 #
Proposal for a regulation
Article 2 – paragraph 1 – point d – point i (new)
Article 2 – paragraph 1 – point d – point i (new)
i) Each carbon farming scheme should be linked to the specific parcels of land benefitting from the scheme on the Land Parcel Identification System (LPIS).
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 255 #
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 and direct air carbon capture and storage;
Amendment 261 #
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 or other such activities that reduce the scope 1-3 emissions or displaced use of fossil fuels including solar, anaerobic digestion and the addition of biochar to soil;
Amendment 315 #
Proposal for a regulation
Article 4 – paragraph 2 a (new)
Article 4 – paragraph 2 a (new)
2 a. A carbon farming initiative can reward farms for i. a scheme that captures carbon; or ii. a scheme that achieves emission reductions.
Amendment 319 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. All verified carbon farming certification schemes should be progressed in a timely manner, with no priority given to any particular methodology or sector.
Amendment 320 #
Proposal for a regulation
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
4 b. As part of the approval of a carbon farming certification scheme, the actor should demonstrate that they have minimised the bureaucratic burden for land managers.
Amendment 324 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The baseline shall correspond to the standard carbon removal or reduction performance of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.
Amendment 328 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. By way of derogation from paragraph 5, where duly justqualified, the baselinecarbon value of the action may be based on the individual carbon removal performance of that activity or on the verification of actual individual carbon stocks by an independent body.
Amendment 331 #
Proposal for a regulation
Article 4 – paragraph 6 a (new)
Article 4 – paragraph 6 a (new)
6 a. Additional carbon credit values can be rewarded where further benefits, such as biodiversity, can be verified by an independent body.
Amendment 332 #
Proposal for a regulation
Article 4 – paragraph 6 b (new)
Article 4 – paragraph 6 b (new)
6 b. Enhanced carbon farming premium can be achieved by further actions that show improvement in other environmental indicators, such as improved biodiversity or measures that reduce the use of fossil fuels such as the installation of solar panels.
Amendment 333 #
Proposal for a regulation
Article 4 – paragraph 6 c (new)
Article 4 – paragraph 6 c (new)
6 c. Carbon farming certification schemes should also reward farmers for actions reducing their carbon footprint in other emission target categories such as LULUCF, energy and waste.
Amendment 334 #
Proposal for a regulation
Article 4 – paragraph 6 d (new)
Article 4 – paragraph 6 d (new)
6 d. More than one carbon farming scheme can be operated on a single land parcel as long as both schemes are independently verified and avoid double counting.
Amendment 335 #
Proposal for a regulation
Article 4 – paragraph 6 e (new)
Article 4 – paragraph 6 e (new)
6 e. Where a farmer or land manager works in conjunction with a downstream food processor to offset that food processor’s scope 3 emissions, they can be rewarded for this through a carbon farming certification scheme.
Amendment 336 #
Proposal for a regulation
Article 4 – paragraph 6 f (new)
Article 4 – paragraph 6 f (new)
6 f. Early movers should not be disadvantaged if they can adequately demonstrate the MRV of the carbon farming activity.
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 397 #
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 minimal harm to or generate co- benefits for all the following sustainability objectives:
Amendment 429 #
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) and provide additional reward for such co-benefits.
Amendment 437 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
2. The Commission is empowermandated to adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for activities related to permanent carbon storage, carbon farming and carbon storage in products. Those certification methodologies shall include at least the elements set out in Annex I. Operators are entitled to seek approval for new technical certification methodologies as appropriate.
Amendment 443 #
Proposal for a regulation
Article 8 – paragraph 2 – point i (new)
Article 8 – paragraph 2 – point i (new)
(i) The Commission should regularly put out a call for proposals of new technologies and regularly review the list of approved technologies to ensure BATS are deployed at all times.
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 455 #
Proposal for a regulation
Article 8 – paragraph 3 – point d a (new)
Article 8 – paragraph 3 – point d a (new)
(d a) the Commission shall provide a framework for other international certification schemes to achieve equivalence that enables them to align with EU certification standards.
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 474 #
Proposal for a regulation
Article 9 – paragraph 5
Article 9 – paragraph 5
5. The Commission mayshall adopt implementing acts to set out the structure, format, technical details of the comprehensive description of the carbon removal activity referred to in paragraph 1, and of the certification and re-certification audit reports referred to in paragraphs 2 and 3. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.
Amendment 482 #
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. A framework will be developed ensuring consistency across Member States to enable the operation of a common certification scheme across the Union.
Amendment 483 #
Proposal for a regulation
Article 11 – paragraph 2 b (new)
Article 11 – paragraph 2 b (new)
2 b. The carbon farming model should work to establish a compatible system in countries that are willing to align with EU standards, such as Norway and Northern Ireland.