P9_TA(2023)0402 – Union certification framework for carbon removals – Amendments adopted by the European Parliament on 21 November 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals (COM(2022)0672 – C9-0399/2022 – 2022/0394(COD)) (Ordinary legislative procedure: first reading)
Date: 2023-11-21
Institutions: Committee on Agriculture and Rural Development, Committee on Industry, Research and Energy, Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: EU environmental policy, carbon capture and storage, climate change, economic instrument for the environment, environmental law, farming sector, greenhouse gas, joint implementation, pollution control measures, reduction of gas emissions




C_202404235EN.000101.fmx.xml












Official Journal of the European Union


EN
C series













C/2024/4235


24.7.2024






P9_TA(2023)0402

Union certification framework for carbon removals


Amendments adopted by the European Parliament on 21 November 2023 on the proposal for a regulation of the European Parliament and of the Council establishing a Union certification framework for carbon removals (COM(2022)0672 – C9-0399/2022 – 2022/0394(COD))
             (1)


(Ordinary legislative procedure: first reading)

(C/2024/4235)


Amendment 1


Proposal for a regulation


Title







 





Text proposed by the Commission




Amendment





Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals


Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a Union certification framework for carbon removals, 
carbon farming and carbon storage in products







Amendment 2


Proposal for a regulation


Recital 1







 





Text proposed by the Commission




Amendment











(1)


Under the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (22) ('the Paris Agreement'), the international community has agreed to hold the increase in the global average temperature well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels. The Union and its Member States are Parties to the Paris Agreement and arestrongly committedto its implementation by reduction of greenhouse gas emissions and increase in carbon removals.












(1)


Under the Paris Agreement adopted under the United Nations Framework Convention on Climate Change (22) ('the Paris Agreement'), the international community has agreed to hold the increase in the global average temperature well below 2°C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1.5°C above pre-industrial levels. 
That commitment has been reinforced with the adoption, under the UNFCCC, of the Glasgow Climate Pact on 13 November 2021, in which the Conference of the Parties to the UNFCCC, serving as the meeting of the Parties to the Paris Agreement, recognises that the impacts of climate change will be much lower at a temperature increase of 1,5oC, compared with 2oC, and resolves to pursue efforts to limit the temperature increase to 1,5oC.
 The Union and its Member States are Parties to the Paris Agreement and arestrongly committedto its implementation by reduction of greenhouse gas emissions and increase in carbon removals 
and carbon farming
.









Amendment 3


Proposal for a regulation


Recital 2







 





Text proposed by the Commission




Amendment











(2)


At a global scale, the latest report (23) 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, terrestrial and marine ecosystems, or products. 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 Union.












2)


At a global scale, the latest report (23) 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 
ongoing and
 forthcoming decades. The IPCC report also clearly states that ‘
while reaching net zero carbon dioxide (CO2) or net zero GHG emissions requires deep and rapid reductions in gross emissions,
 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’
and that ‘carbon dioxide removal (CDR) will be necessary to achieve net negative CO2 emissions
’. This will require the large-scale deployment of 
safe and
 sustainable activities for capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrial and marine ecosystems, or products. 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 Union.









Amendment 4


Proposal for a regulation


Recital 3







 





Text proposed by the Commission




Amendment











(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 Council (24) . 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 Council (25), 
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.














(3)


The aim of this Regulation is to develop a voluntary Union certification framework for carbon removals
, carbon farming and carbon storage in products
, with the view to incentivise the uptake of 
safe, sustainable and
 high-quality carbon removals
, carbon farming activities and carbon storage in products
, 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 Council (24)

, as a complement to the irreversible and gradual reduction of anthropogenic greenhouse gas emissions across all sectors to meet the objectives and targets laid down in that Regulation and the goals of the Paris Agreement
. 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 Council (25).









Amendment 5


Proposal for a regulation


Recital 4







 





Text proposed by the Commission




Amendment











(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.












(4)


The Union certification framework will support the development of 
activities in the Union regarding
 carbon removal
, carbon farming and carbon storage in products
 that result in an unambiguous net benefit, while avoiding greenwashing. In the case of carbon farming, such certification framework should also encourage the uptake of 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 6


Proposal for a regulation


Recital 4 a (new)







 





Text proposed by the Commission




Amendment





 










(4a)






Several Members of the European Economic Area (EEA) and other third countries bordering the Union, such as Norway or Iceland, have significant potential for geological storage of CO2. Therefore, where a legally binding agreement has been concluded between the Union and a Member of the EEA or another third country bordering the Union and that country applies the same legal requirements as those set out in Directive 2009/31/EC, the Union certification framework should also apply to atmospheric or biogenic carbon captured in the Union but geologically stored in that Member of the EEA, or in that country bordering the Union.











Amendment 7


Proposal for a regulation


Recital 4 b (new)







 





Text proposed by the Commission




Amendment





 










(4b)






The Union certification framework should also encourage research and innovation, whilst emphasising the role of Horizon Europe missions, as well as other programmes in the field of technologies with carbon removal capacity, taking into account the existing processes and possible developments with the aim of facilitating access to the market for new technologies.











Amendment 8


Proposal for a regulation


Recital 4 c (new)







 





Text proposed by the Commission




Amendment





 










(4c)






In this regard, the Commission and the Member States should engage in cross-disciplinary cooperation, involving national and regional research institutions, scientists, farmers and small and medium-sized enterprises.











Amendment 9


Proposal for a regulation


Recital 5







 





Text proposed by the Commission




Amendment











(5)


In order to 
support
 operators willing to make additional efforts to increase carbon 
removals
 in a sustainable way, the Union certification framework should 
take into account
 the different types of 
carbon removal
 activities, their specificities and related environmental impacts. Therefore, this Regulation should 
provide clear
 definitions 
of carbon removal, carbon removal
 activities, 
and other elements of
 the Union certification framework.












(5)




Activities regarding carbon removal, carbon farming and carbon storage in products have different characteristics as regards the storage process, the storage medium and the expected duration of the storage, which can vary from decades to centuries for certain carbon farming activities or storage in certain products, to permanent storage in geological formations if the site for geological storage of CO2 is appropriately selected and managed.
 In order to 
ensure the integrity of the framework while supporting
 operators willing to make additional efforts to increase carbon 
sequestration or biogenic emission reductions
 in a sustainable way, the Union certification framework should 
clearly distinguish
 the different types of activities, their specificities and related environmental impacts. Therefore, this Regulation should 
clearly separate the
 definitions
, the quality criteria and the rules on the use related to activities regarding carbon removals, carbon farming and carbon storage in products in
 the Union certification framework.









Amendment 10


Proposal for a regulation


Recital 5 a (new)







 





Text proposed by the Commission




Amendment





 










(5a)






Under the Union certification framework, activities that, under normal circumstances and using appropriate management practices, ensure the permanent storage of atmospheric or biogenic carbon for several centuries through geological storage of CO2, such as bioenergy with carbon capture and storage and direct air carbon capture and storage, or through permanently bound carbon mineralisation, should be considered permanent carbon removals. Activities related to land management in the subcategories of the land use, land use change and forestry sector covered by Article 2(1) of Regulation (EU) 2018/841 or related to coastal management, that result in carbon sequestration, or activities that result in biogenic emission reductions, such as methane reductions from feed changes or manure management, or nitrous oxide reductions from fertiliser reductions or manure management, for a minimum period of at least five years, are considered carbon farming activities. Certain carbon farming activities, in particular peatland rewetting, can result in carbon sequestration once the peatland is fully restored, while reducing carbon emissions through well-managed restoration and rewetting in an initial phase. Certain other activities, such as those based on the use of biochar, can be categorised under different types of activities depending on the specific conditions under which the activities take place. In light of the uncertainties in the measuring and monitoring methodologies related to many potential applications of carbon storage in products in early development stages, the certification of carbon storage in products should initially be limited to harvested wood products or materials for construction storing atmospheric and biogenic carbon stored for at least five decades and should be based on the report to be presented by the Commission in accordance with Article 17(3) of Regulation (EU) 2018/841, while the possible benefits and trade-offs of the inclusion of other long-lived carbon storage products should be assessed by the Commission as part of the review of this Regulation.











Amendment 11


Proposal for a regulation


Recital 5 b (new)







 





Text proposed by the Commission




Amendment





 










(5b)






The carbon removal certification framework should also provide the necessary flexibility to cater for regional, technical, structural and geophysical specificities, taking into account the variety of conditions in terms of production systems in the Member States and their regions.











Amendment 12


Proposal for a regulation


Recital 6







 





Text proposed by the Commission




Amendment











(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 or 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 Council (26) 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.












(6)


This Regulation should set out the requirements under which carbon removals, 
carbon farming or carbon storage in products
 should be eligible for certification under the Union certification framework. To this end, carbon removals
, carbon farming sequestration, carbon farming emission reductions and carbon storage in products
 should 
comply with the criteria on issuance and use;
 be quantified in an accurate and robust way; and they should be generated only by activities that generate a net benefit, are additional, ensure 
permanent or
 long-term 
carbon farming sequestration and/or the reduction of greenhouse gas emissions, and comply with the monitoring and liability requirements
, and have 
at least
 a neutral impact or co-benefit on sustainability objectives 
in accordance with the requirements set out in this Regulation
. Furthermore, 
activities
 should be subject to independent third-party auditing in order to ensure the credibility and reliability of the certification process
, and the information relating to the certificates and certification process should be publicly available through a Union registry
. Mandatory Union carbon pricing rules established through Directive 2003/87/EC of the European Parliament and of the Council (26) 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.









Amendment 13


Proposal for a regulation


Recital 7







 





Text proposed by the Commission




Amendment











(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. 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.












(7)




An
 activity should result in a net benefit showing that it delivers a positive climate impact. The 
calculation of the
 net benefit 
should be differentiated for permanent carbon removals, carbon farming sequestration, carbon farming, carbon, nitrogen or methane emission reductions and carbon storage in products, in order to take into account their fundamentally different characteristics, and
 should be computed following two steps. First, operators should quantify
, as applicable,
 the amount of additional carbon removals
, in the case of carbon removal activities, the amount of additional carbon sequestration, in the case of carbon farming sequestration activities or carbon storage in product activities, or the amount of additional biogenic emission reductions, in the case of carbon farming emission reductions,
 that 
an
 activity has generated in comparison to a baseline. A standardised baseline 
should be representative of the
 performance 
of common current practices 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 order to ensure the climate integrity of the framework, in the case of permanent carbon removals the standardised baseline should be representative of the state-of-the-art of comparable activities, and in the case of carbon farming activities, the calculation of a standardised baseline should exclude existing activities which have been identified as, in the case of carbon farming sequestration, not representing genuine sequestrations and instead resulting in net greenhouse gas emissions, and, in the case of carbon farming emission reductions, not representing genuine reductions and instead resulting in more rather than fewer emissions.
 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 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 
regularly reviewed by the Commission and
 updated 
at least every five years. However, in order to ensure a stable operational and investment environment for operators, once an activity has started, the baseline should remain constant for the operator for that activity throughout the monitoring period, and should be reviewed and updated only upon re-certification
.









Amendment 14


Proposal for a regulation


Recital 8







 





Text proposed by the Commission




Amendment











(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) can increase the value of the certified carbon removals.














(8)


The second step for quantifying the net benefit should consist of subtracting any increase in greenhouse gas emissions related to the 
entire life cycle of the
 implementation of the activity. Relevant greenhouse gas emissions that should be taken into consideration include direct emissions, such as those resulting from the use of more fertilisers, 
chemicals,
 fuel or energy, or indirect emissions, such as those resulting from 
transportation, material inputs, displacement effects due to competing demand for energy or waste heat, or direct and indirect
 land use change with consequent risks for food security due to displacement of agricultural production
, and should cover both the impacts within and outside the Union.











Amendment 15


Proposal for a regulation


Recital 9







 





Text proposed by the Commission




Amendment











(9)




A carbon removal
 activity delivers a net 
carbon removal
 benefit when the carbon removals above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the 
carbon removal
 activity. For instance, in the case of activities that deliver permanent carbon storage by injecting carbon underground, the amount of permanently stored carbon should outweigh the energy-related greenhouse gas emissions from the industrial process. In the case of carbon farming, the carbon captured by an afforestation activity or the carbon kept in the ground by a peatland re-wetting activity should outweigh the emissions from the machinery used to carry out the 
carbon removal
 activity or the indirect land use change emissions that can be caused by carbon leakage.












(9)




An
 activity delivers a net benefit when, 
respectively
, the carbon removals
, the carbon sequestration or the emission reductions
 above the baseline outweigh any increase in greenhouse gas emissions due to the implementation of the activity. For instance, in the case of activities that deliver permanent carbon storage by injecting carbon underground, the amount of permanently stored carbon should outweigh the energy-related greenhouse gas emissions from the industrial process 
during capture, transport and storage as well as the displacement effects due to competing demand for energy or waste heat
. In the case of carbon farming 
sequestration
, the carbon captured 
and sequestered
 by an afforestation activity or the carbon kept in the ground by a peatland re-wetting activity should outweigh the emissions from the machinery used to carry out the activity or the indirect land use change emissions that can be caused by carbon leakage. 
In the case of carbon farming emission reductions, the carbon emissions reduced by a peatland re-wetting activity should outweigh the emissions from the machinery used to carry out the activity or the indirect land use change emissions that can be caused by carbon leakage.











Amendment 16


Proposal for a regulation


Recital 10







 





Text proposed by the Commission




Amendment











(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 to 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.












(10)




Activities
 should be quantified in a relevant, accurate, complete, consistent
,
 comparable 
and transparent
 manner. Uncertainties in the quantification should be duly reported and accounted 
as part of the certification methodologies, in a manner that is conservative, proportionate to the level of uncertainty, and in accordance with recognised statistical approaches and with the latest available scientific evidence,
 in order to limit the risk of overestimating the quantity of carbon dioxide removed from the atmosphere. Carbon 
sequestration and emission reductions
 generated by carbon farming should be quantified with a high level of accuracy to assure the highest quality and minimise uncertainties
, based on the use of Tier 3 methodologies in accordance with the 2006 IPCC guidelines for National Greenhouse Gas inventories
. 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 
sinks
 throughout the Union. The satellite and on-site monitoring and reporting of emissions and removals need to 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 17


Proposal for a regulation


Recital 11







 





Text proposed by the Commission




Amendment











(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
.












(11)


In order to ensure that the Union certification framework channels incentives toward 
activities
 that go beyond the standard practice, activities should be additional. Therefore, these activities should go beyond statutory requirements 
at the level of the individual operator
, that is, operators should carry out activities that are not already imposed upon them by the applicable law. 
In the case of carbon farming, such statutory requirements include relevant statutory management requirements and good agricultural and environmental conditions standards established under Title III, Chapter I, Section 2 of Regulation (EU) 2021/2115 and relevant minimum requirements for the use of fertiliser and plant protection products, animal welfare, as well as other relevant statutory requirements established by Union and national law, applicable at the level of the operator.
 Moreover, activities should take place due to the incentive effect provided by the certification 
making the activity financially attractive
. 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 activity to achieve additional 
net benefits
.









Amendment 18


Proposal for a regulation


Recital 12







 





Text proposed by the Commission




Amendment











(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. 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.












(12)


A standardised baseline should reflect the statutory and market conditions in which the activity takes place. If 
an
 activity is imposed upon operators by the applicable law, its performance will be reflected in the baseline. For this reason, 
an
 activity that generates 
net benefits
 in excess of such a baseline should be presumed to be additional 
to statutory requirements
. Hence, the use of a standardised baseline should simplify the demonstration of 
regulatory
 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 19


Proposal for a regulation


Recital 13







 





Text proposed by the Commission




Amendment











(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.














(13)


Atmospheric and biogenic carbon that is captured and stored through 
an
 activity risks being released back into the atmosphere (e.g. reversal) due to natural 
causes, including extreme weather and force majeure events,
 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 activity. The validity of the 
certificate
 should depend on the expected duration of the storage 
or biogenic emission reduction
 and the different risks of reversal associated with the given 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. 
Therefore, the monitoring period and requirements of the certified storage generated by permanent carbon removals should be consistent with the provisions set out in Articles 13, 17 and 18 of Directive 2009/31/EC.
 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 
monitoring period
 of the certified 
sequestration or emission reduction
 generated by carbon farming should 
cover at least the entire period during which the results of the activity are projected to be sustained as set out in the applicable certification methodology, and the monitoring period of the certified sequestration generated by carbon storage in products should cover the entire lifetime of the product until and including the end of life of the product. However, in the case of carbon farming, in order to avoid an undue administrative burden on individual operators, the operator or group of operators should be able to opt to designate a legal person or relevant authority, such as the paying agency within the meaning of Article 9 of Regulation (EU) 2021/2116 of the European Parliament and of the Council

 (1a)

in the case of carbon farming activities registered in the identification system for agricultural parcels, to be responsible for the monitoring, subject to all requirements under this Regulation being met.











Amendment 20


Proposal for a regulation


Recital 14







 





Text proposed by the Commission




Amendment











(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 Council

 (27)

, those
 liability mechanisms 
and corrective measures should apply to avoid double regulation
.












(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 
and a liable natural or legal person should be designated to be responsible for addressing
 cases of reversal. 
To avoid double regulation
 f
or permanent carbon removal activities, the liability mechanism should be consistent with the liability mechanism set out in Directive 2009/31/EC
 (27)
, while for carbon farming activities, the liability mechanism should be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon sequestration is generated as compensation for the reversal.
 Such mechanisms could include e.g. discounting of carbon removal units, collective buffers or accounts of carbon removal units, 
a percentage of credits to be put in a pool managed by the certification scheme in the case of carbon farming activities,
 and up-front insurance mechanisms. 
In order to ensure that
 liability mechanisms 
continue to be fit for purpose, certification schemes should continuously monitor and ensure the availability and readiness of the
 liability mechanisms 
throughout the monitoring period of an activity.











Amendment 21


Proposal for a regulation


Recital 14 a (new)







 





Text proposed by the Commission




Amendment





 










(14a)






To account for the risk of reversal and ensure the climate integrity of the framework, the certified units should be suspended in the registry until the reversal has been addressed through the liability mechanism. Where a reversal has not been addressed through the liability mechanism within a reasonable timeframe, the validity of the certificate should expire and the corresponding units should be cancelled from the registry and the operator or group of operators should be subject to a corrective penalty reflecting the carbon cost of the amount of carbon released to the atmosphere. For carbon farming activities and carbon storage in products, the validity of the certified units should be subject to an expiry date that corresponds to the end of the relevant monitoring period. Thereafter, or in the event that the monitoring is discontinued before the end of the monitoring period, the net benefit generated by the activity should be assumed to be released to the atmosphere and the corresponding units should be cancelled in the registry, unless the economic operator proves the maintenance of the carbon storage through uninterrupted monitoring activities.











Amendment 22


Proposal for a regulation


Recital 15







 





Text proposed by the Commission




Amendment











(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) 2021/2139 (28), 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 Council (29). Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification.












(15)


Carbon removal
, carbon farming and carbon storage in product
 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 
at least
 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
, to ensure that carbon farming activities generate co-benefits for at least the sustainability objective of protection and restoration of biodiversity and ecosystems and have at least a neutral impact on the sustainability objectives of climate change mitigation and adaptation, the sustainable use and protection or improvement of water quality and marine resources, the transition to a circular economy, pollution prevention and control and prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota, and to ensure that carbon storage in products activities generate co-benefits for at least one, and have at least a neutral impact on the rest, of the sustainability objectives of climate change mitigation and adaptation, the protection and restoration of biodiversity and ecosystems, the sustainable use and protection or improvement of water quality and marine resources, the transition to a circular economy, pollution prevention and control and prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota.
 Those sustainability requirements should, as appropriate, 
take into account the impacts both within and outside the Union as well as
 local conditions, 
and be consistent with
 the technical screening criteria for 
the ‘do no significant harm’ principle
 concerning forestry activities and underground permanent geological storage of CO2, laid down in Commission Delegated Regulation (EU) 2021/2139 (28), and 
should promote
 the sustainability criteria for forest and agriculture biomass raw material 
in accordance with the sustainability and greenhouse gas saving criteria for biomass
 laid down in Article 29 of Directive (EU) 2018/2001 of the European Parliament and of the Council (29). Practices, such as forest monocultures, that produce harmful effects for biodiversity should not be eligible for certification.









Amendment 23


Proposal for a regulation


Recital 15 a (new)







 





Text proposed by the Commission




Amendment





 










(15a)






Furthermore, carbon farming activities should not negatively affect the Union’s food security and should not lead to land grabbing or land speculation. Such activities should respect the rights of local communities and indigenous people that they affect, both within and outside the Union, as well as the balance between the environmental, economic and social impact on local communities and small-scale land managers
.









Amendment 24


Proposal for a regulation


Recital 16







 





Text proposed by the Commission




Amendment











(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 Cycles

 (30)
.













(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. 
The Commission should, after consulting the Platform and within 6 months of the entry into force of this Regulation, publish guidance to inform potential carbon farming operators or groups of operators about those carbon farming activities that are to be prioritised in the preparation of the certification methodologies.











Amendment 25


Proposal for a regulation


Recital 17







 





Text proposed by the Commission




Amendment











(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
.












(17)


Operators or groups of operators may report co-benefits that contribute to the sustainability objectives beyond the minimum sustainability requirements 
and certificates should clearly indicate the positive co-benefits generated by an activity, where applicable
. To this end, their reporting should comply with the certification methodologies tailored to the different 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 
and, in the case of carbon farming activities, provide for the possibility of generating a carbon farming premium for such co-benefits.
 These additional co-benefits will give more economic value to the certified 
activities
 and will result in higher revenues for the operators. In the light of these considerations, the Commission 
should
 prioritise the development of tailored certification methodologies on 
those types of activities that are the most mature, have the potential for generating the largest net benefits and the potential to provide the largest co-benefits
. 
In the case of carbon farming activities, such prioritisation should in addition take into account whether the activities contribute to sustainable management of agricultural land and forests.











Amendment 26


Proposal for a regulation


Recital 18







 





Text proposed by the Commission




Amendment











(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. 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.












(18)


It is appropriate to develop detailed certification methodologies for the different 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 benefit generated by the activity, 
be easy to use and developed in a manner that facilitates the verification of their compliance, and avoid creating a
 disproportionate administrative 
and financial
 burden for operators or group of operators, in particular for small farmers and forest holders 
and for small and medium enterprises, without compromising the quality of the carbon removals or co-benefits
. 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 
Platform
 on Carbon Removals , 
Carbon Farming and Carbon Storage in Product Activities
 and all other interested actors. They need to be based on 
a thorough impact assessment based on
 the best available scientific evidence 
and a minimum four-week public consultation period, and
 build upon existing public and private schemes and methodologies for certification 
where those comply with the requirements and criteria set out in this Regulation
, and take into account any relevant standard and rules adopted at national
,
 Union 
and international
 level.









Amendment 27


Proposal for a regulation


Recital 19







 





Text proposed by the Commission




Amendment











(19)


In order to ensure a credible and reliable certification process, 
carbon removal
 activities should be subject to independent third-party auditing. In particular, 
carbon removal
 activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net carbon removal benefit. 
Carbon removal
 activities should also be subject to periodic re-certification audits to verify the compliance of the generated carbon removals. To this end, the Commission should be empowered to adopt implementing acts to set out the structure, technical details, and the minimum information to be contained in the description of the 
carbon removal
 activity, and in the certification and re-certification audit reports.












(19)


In order to ensure a credible and reliable certification process, activities should be subject to independent third-party auditing. In particular, 
all
 activities should be subject to an initial certification audit before their implementation, verifying their compliance with the quality criteria set out in this Regulation, including the correct quantification of the expected net benefit. 
All
 activities should also be subject to periodic re-certification audits 
at least every five years for carbon farming activities, and at least every 10 years for other activities, following a risk-based approach,
 to verify the compliance of the generated carbon removals
, carbon farming sequestration, carbon farming emission reductions or carbon storage in products
. To this end, the Commission should be empowered to adopt implementing acts to set out the structure, technical details, and the minimum information to be contained in the description of the activity, and in the certification and re-certification audit reports.









Amendment 28


Proposal for a regulation


Recital 20







 





Text proposed by the Commission




Amendment











(20)


Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of 
the
 carbon 
removals
 is key for cost-efficient implementation of mitigation actions and for securing their engagement in carbon farming. This is particularly relevant for Union small farmers or forest holders that often lack the know-how and the expertise required to implement carbon 
removal
 activities and to comply with the required quality criteria and related certification methodologies. Therefore, it is appropriate to require that producer organisations facilitate the provision of relevant advisory services through technical advice to their members. The Common Agricultural Policy and national State aid can support financially the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters.












(20)


Providing land managers with improved knowledge, tools and methods for a better assessment and optimisation of carbon 
farming
 is key for cost-efficient implementation of mitigation actions and for securing their engagement in carbon farming. This is particularly relevant for Union small farmers or forest holders that often lack the know-how and the expertise required to implement carbon 
farming
 activities and to comply with the required quality criteria and related certification methodologies. Therefore, it is appropriate to require that producer organisations facilitate the provision of relevant advisory services through technical advice to their members 
and, where relevant, support them with guidance and resources
. The Common Agricultural Policy and national State aid
, as well as other financial instruments,
 can support financially the provision of advisory services, knowledge exchange, training, information actions or interactive innovation projects with farmers and foresters. 
In cases of tenancy, the scheme should provide appropriate financial benefits or rewards for the manager of the land doing the work.











Amendment 29


Proposal for a regulation


Recital 20 a (new)







 





Text proposed by the Commission




Amendment





 










(20a)






All removals, sequestration and biogenic emission reductions generated under this Regulation should contribute to achieving the Union’s nationally determined contributions (NDCs) or climate targets and objectives. However, in order to avoid double counting, a certified unit should not be used or claimed by more than one natural or legal person, such as undertakings or public authorities other than a Member State, like city councils or other municipalities, at any point in time, and should not be counted towards more than one Member State’s greenhouse gas inventories at any point in time.











Amendment 30


Proposal for a regulation


Recital 20 b (new)







 





Text proposed by the Commission




Amendment





 










(20b)






The existing advisory services in agriculture and forestry, such as the Agricultural Knowledge and Innovation System (AKIS), should also contribute to broader knowledge and information to support sustainable practices that enhance carbon sequestration while promoting biodiversity and nature restoration, and to ensure easy access to this information including the use of digital solutions where relevant. AKIS should also set up a knowledge-sharing digital platform, providing technical advice to land managers and providing feedback to Member States.











Amendment 31


Proposal for a regulation


Recital 20 c (new)







 





Text proposed by the Commission




Amendment





 










(20c)






The Commission should also support capacity building in Member States through adequate investments in training and educational programmes, including to potential public and private stakeholders and their workforce. Such support should also take into account the diverging realities of Member States and regions, including by identifying the best suited activities with regard to the different specificities.











Amendment 32


Proposal for a regulation


Recital 21







 





Text proposed by the Commission




Amendment











(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 Council (31), 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.












(21)




The
 different end-uses 
of certified units
, 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 Council (31), the proof of climate-related and other environmental corporate claims (including on biodiversity), or the exchange of verified units through voluntary markets
, should be regulated through this Regulation. The use of units certified under this Regulation by an undertaking for voluntary compensation, offset or reduction claims in its corporate greenhouse gas inventory reporting should be the same as that set in Directive (EU).../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition], which prohibits the use of certified units for claiming that, based on greenhouse gas emissions offsetting, a product or a company has a neutral, reduced or positive impact on the environment in terms of greenhouse gas emissions. In addition, for the possible future use of certified units towards the compliance with the Union and national climate framework, the Commission should by...[12 months from the date of entry into force of this Regulation] assess and, where appropriate, present a legislative proposal on the establishment of Union targets for permanent carbon removals and for land-based sequestration, and should, in accordance with Directive 2003/87/EC, by 31 July 2026 assess how permanent carbon storage could be accounted for and how those negative emissions could be covered by emissions trading, and, where appropriate, present a legislative proposal in that regard.
 To this end, 
carbon removal units, carbon farming sequestration units, carbon farming emission reduction units and carbon storage in product units should remain distinct from each other and
 the certificate should contain accurate and transparent information on the activity, including 
the type of activity, the storage medium and expected duration of the results,
 the total removals
, sequestration or biogenic emission reductions, as appropriate, the
 net benefit, 
the detailed liability mechanism and liable legal or natural person, evidence that the activity meets the sustainability objectives and the quantity of units certified
 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.









Amendment 33


Proposal for a regulation


Recital 22







 





Text proposed by the Commission




Amendment











(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 Council (32) . 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.












(22)


To ensure an accurate, robust and transparent verification, certification bodies responsible for performing the certification of 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 Council (32). To avoid possible conflicts of interest, the certification bodies should also be completely 
legally and financially
 independent from the operator carrying out the activity that is subject to the certification. In addition, Member States 
and, where applicable, regional authorities,
 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.









Amendment 34


Proposal for a regulation


Recital 23







 





Text proposed by the Commission




Amendment











(23)


Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified 
carbon removal
 units, notably by avoiding double counting. To this end, the Commission should be empowered to adopt implementing acts, including adequate standards of reliability, transparency, accounting and of independent auditing to be applied by certification schemes, so as to ensure the necessary legal certainty as regards the rules applicable to operators and to certification schemes. To ensure a cost-effective certification process, those technical harmonised rules on certification should also have the objective of reducing unnecessary administrative burden for operators, or group of operators, in particular for Small and Medium Enterprises (SMEs), including small farmers and foresters.












(23)


Certification schemes should be used by operators to demonstrate compliance with this Regulation. Therefore, certification schemes should operate on the basis of reliable and transparent rules and procedures and should ensure accuracy, reliability, integrity and non-repudiation of origin, and protection against fraud of information and of data submitted by operators. They should also ensure the correct accounting of the verified units 
generated by a certified activity
, notably by avoiding double counting. To this end, the Commission should be empowered to adopt implementing acts, including adequate standards of reliability, transparency, accounting and of independent auditing to be applied by certification schemes, so as to ensure the necessary legal certainty as regards the rules applicable to operators and to certification schemes. To ensure a cost-effective certification process, those technical harmonised rules on certification should also have the objective of reducing unnecessary administrative burden for operators, or group of operators, in particular for Small and Medium Enterprises (SMEs), including small farmers and foresters.









Amendment 35


Proposal for a regulation


Recital 24







 





Text proposed by the Commission




Amendment











(24)


In order to ensure a reliable and harmonised control of certification, the Commission should be able to adopt decisions recognising certification schemes that meet the requirements set out in this Regulation, including with respect to technical competence, reliability, transparency and independent auditing. Such recognition decisions should be limited in time. To this end, the Commission should be empowered to adopt implementing acts on the content and processes of Union recognition of certification schemes.












(24)


In order to ensure a reliable and harmonised control of certification, the Commission should be able to adopt decisions recognising certification schemes that meet the requirements set out in this Regulation, including with respect to technical competence, reliability, transparency and independent auditing. Such recognition decisions should be limited in time 
and should be made publicly available
. To this end, the Commission should be empowered to adopt implementing acts on the content and processes of Union recognition of certification schemes.









Amendment 36


Proposal for a regulation


Recital 26







 





Text proposed by the Commission




Amendment











(26)




Certification schemes
 should establish and maintain interoperable public 
registries
 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 registries
 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 registries 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 those registries
.












(26)




The Commission
 should establish and maintain 
an
 interoperable 
and
 public 
Union registry
 in order to ensure transparency
, trustworthiness
 and full traceability of certificates, and to avoid the risk of fraud and double counting. Fraud may occur if more than one certificate is issued for the same 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 
an
 activity or unit. 
All information in the Union registry
 should 
be easy to navigate and search. Certification schemes should provide to the Commission all information required to be stored and made publicly available in electronic form in the Union registry. Such information should include
 the documents resulting from the certification process, including certification audits and re-certification audit reports, the certificates and updated certificates 
and the information included therein, the current status of a certified unit, for example whether active, retired/in use, or expired, the log of transactions and, if applicable, the current holder and purpose for which the certificate is held and the price paid to the operator. Prior to the establishment of
 the Union 
public registry, certification schemes recognised by the Commission should maintain and store all the information required to be stored and made publicly available later on the Union registry
. In order to ensure a level playing field within the single market, the Commission should be empowered to adopt implementing rules 
on the structure, format and technical details of the Union registry and the rules and procedures for certification schemes to provide the information to the Union registry
.









Amendment 37


Proposal for a regulation


Recital 27







 





Text proposed by the Commission




Amendment











(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.












(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 
necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information
, in order to increase 
public
 transparency
, trust, traceability and scrutiny
, 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 38


Proposal for a regulation


Recital 28







 





Text proposed by the Commission




Amendment











(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-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.












(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 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 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 through public consultations for all draft delegated acts for a period of at least four weeks
, 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.









Amendment 39


Proposal for a regulation


Recital 30







 





Text proposed by the Commission




Amendment











(30)


The Commission should review the implementation of this Regulation 3 years following the entry into force of this Regulation, and subsequently not later than six months after the global stocktake agreed under Article 14 of the Paris Agreement. Those reviews should take into account the relevant developments concerning the Union legislation, technological and scientific progress, market developments in the field of carbon removals and food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.












(30)


The Commission should review the implementation of this Regulation 3 years following the entry into force of this Regulation, and subsequently not later than six months after the global stocktake agreed under Article 14 of the Paris Agreement. Those reviews should take into account the relevant developments concerning the Union legislation, technological and scientific progress, market developments in the field of carbon removals, 
carbon farming and carbon storage in products,
 and food security including food availability and affordability, and should be informed by the results of the global stocktake of the Paris Agreement.









Amendment 40


Proposal for a regulation


Recital 31







 





Text proposed by the Commission




Amendment











(31)


The objectives of this Regulation, namely to promote the deployment of high quality carbon removals while minimising the risk of greenwashing, cannot be sufficiently achieved by the Member States alone, and by reason of the scale and effects of the proposed action, those objectives can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,












(31)


The objectives of this Regulation, namely to promote the deployment of high quality carbon removals 
and carbon farming
 while minimising the risk of greenwashing, cannot be sufficiently achieved by the Member States alone, and by reason of the scale and effects of the proposed action, those objectives can be better achieved at Union level. Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary to achieve those objectives,









Amendment 41


Proposal for a regulation


Article 1 – paragraph 1 – introductory part







 





Text proposed by the Commission




Amendment






1.   The objective of this Regulation is to facilitate the deployment of carbon removals by operators or groups of operators. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:




1.   The objective of this Regulation is to facilitate 
and encourage
 the deployment 
and enhancement
 of carbon removals, 
carbon farming and carbon storage in products
 by operators or groups of operators 
as a complement to the irreversible and gradual reduction of anthropogenic greenhouse gas emissions across all sectors to meet the objectives and targets laid down in Regulation (EU) 2021/1119 and the goals of the Paris Agreement
. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals, 
carbon farming and carbon storage in products
 by laying down:






Amendment 42


Proposal for a regulation


Article 1 – paragraph 1 – point a







 





Text proposed by the Commission




Amendment











(a)


quality criteria for 
carbon removal
 activities that take place in the Union;












(a)


quality criteria for activities that take place in the Union;









Amendment 43


Proposal for a regulation


Article 1 – paragraph 1 – point b







 





Text proposed by the Commission




Amendment











(b)


rules for the verification and certification of 
carbon removals
;












(b)


rules for the verification and certification of 
activities
;









Amendment 44


Proposal for a regulation


Article 1 – paragraph 1 – point c a (new)







 





Text proposed by the Commission




Amendment





 










(ca)






rules on the issuance and use of certified units.











Amendment 45


Proposal for a regulation


Article 1 – paragraph 2







 





Text proposed by the Commission




Amendment






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 of the storage of carbon dioxide emissions from sustainable biomass that are zero-rated in accordance with Annex IV thereto.




2.   This voluntary Union framework for the certification of carbon removals, 
carbon farming and carbon storage in products
 does not apply to emissions falling within the scope of Directive 2003/87/EC, with the exception of the storage of carbon dioxide emissions from sustainable biomass that 
meet the sustainability criteria and greenhouse gas emission saving criteria established under Directive (EU) 2018/2001 and
 are zero-rated in accordance with Annex IV 
of Directive 2003/87/EC
.






Amendment 46


Proposal for a regulation


Article 1 – paragraph 2 a (new)







 





Text proposed by the Commission




Amendment





 





2a.
   
Where a legally binding agreement has been concluded between the Union and a third country concerning atmospheric or biogenic carbon captured in the Union but geologically stored in a Member of the EEA, or in a third country bordering the Union, and that Member of the EEA or that country applies the same legal requirements as those set out in Directive 2009/31/EC, this Regulation shall apply to those captured emissions.








Amendment 47


Proposal for a regulation


Article 2 – paragraph 1 – point a







 





Text proposed by the Commission




Amendment











(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
;












(a)


‘carbon removal’ means the 
permanent
 storage of atmospheric or biogenic carbon 
for several centuries, which is not combined with Enhanced Hydrocarbon Recovery;











Amendment 48


Proposal for a regulation


Article 2 – paragraph 1 – point a a (new)







 





Text proposed by the Commission




Amendment





 










(aa)






‘carbon farming emission reduction’ means an activity consisting of one or more carbon farming practices or processes carried out by an operator that results in the reduction of carbon release from a biogenic carbon pool, the reduction of nitrous oxide release from agriculture soils or manure management, or the reduction of methane release from enteric fermentation or manure management to the atmosphere through a carbon farming activity;











Amendment 49


Proposal for a regulation


Article 2 – paragraph 1 – point b







 





Text proposed by the Commission




Amendment













(b)






‘carbon removal activity’ means one or more practices or processes carried out by an operator resulting in permanent carbon storage, enhancing carbon capture in a biogenic carbon pool, reducing the release of carbon from a biogenic carbon pool to the atmosphere, or storing atmospheric or biogenic carbon in long-lasting products or materials
;








deleted







Amendment 50


Proposal for a regulation


Article 2 – paragraph 1 – point c







 





Text proposed by the Commission




Amendment











(c)


‘biogenic carbon pool’ means 
above-ground biomass, below-ground
 biomass, 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;












(c)


‘biogenic carbon pool’ means 
living
 biomass, litter, dead wood
, dead
 organic 
matter, mineral soils and organic soils
 as set out in points (a) to 
(f)
 of Part B of Annex I to Regulation 2018/841;









Amendment 51


Proposal for a regulation


Article 2 – paragraph 1 – point d







 





Text proposed by the Commission




Amendment











(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;












(d)


‘operator’ means any legal or 
natural
 person who operates or controls a 
an
 activity
, including public entities and public authorities
, or to whom decisive economic power over the technical functioning of the activity has been delegated; 
in the case of a carbon farming activity, an operator is a farmer as defined in Article 3(1) of Regulation (EU) 2021/2115 or a forest owner or manager as defined by national law, or a public entity or public authority;











Amendment 52


Proposal for a regulation


Article 2 – paragraph 1 – point e







 





Text proposed by the Commission




Amendment











(e)


‘group of operators’ means a legal entity that represents more than one operator and is responsible for ensuring that those operators comply with this Regulation;












(e)


‘group of operators’ means a legal entity that represents more than one operator and is responsible for ensuring that those operators comply with this Regulation; 
in the case of a carbon farming activity, ‘group of operators’ means a cooperative or a legal entity that represents more than one farmer, forest owner or manager, or public entities or public authorities, or producer organisations or producer groups;











Amendment 53


Proposal for a regulation


Article 2 – paragraph 1 – point f







 





Text proposed by the Commission




Amendment











(f)


‘monitoring period’ means a period, the duration of which is determined 
in accordance to the
 type of 
carbon removal
 activity, over which the storage of carbon is monitored by the operator;












(f)


‘monitoring period’ means a period, the duration of which is determined 
for each
 type of activity 
in accordance with Article 6
, over which the storage of carbon is monitored by the operator 
or group of operators and during which the operator remains liable
;









Amendment 54


Proposal for a regulation


Article 2 – paragraph 1 – point g







 





Text proposed by the Commission




Amendment











(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 storage
;












(g)


‘permanent carbon storage’ means 
an
 activity 
consisting of one or more practices or processes carried out by an operator
 that, under normal circumstances and using appropriate management practices, stores atmospheric or biogenic carbon for several centuries 
through geological storage of CO2 or permanently bound carbon mineralisation
;









Amendment 55


Proposal for a regulation


Article 2 – paragraph 1 – point h







 





Text proposed by the Commission




Amendment











(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
;












(h)


‘carbon farming’ means 
an
 activity related to land management
, coastal management or animal husbandry
, that results in carbon 
farming sequestration or carbon farming emission reductions for a period of at least five years
;









Amendment 56


Proposal for a regulation


Article 2 – paragraph 1 – point h a (new)







 





Text proposed by the Commission




Amendment





 










(ha)






‘carbon farming sequestration’ means an activity related to land management in the subcategories of the land use, land use change and forestry sector covered by Article 2(1) of Regulation (EU) 2018/841, as amended by Regulation (EU) 2023/839, or related to coastal management, consisting of one or more carbon farming practices or processes carried out by an operator that results in the increase of atmospheric or biogenic carbon stored in biogenic carbon pools by enhancing carbon capture, as defined per activity in the certification methodology;











Amendment 57


Proposal for a regulation


Article 2 – paragraph 1 – point i







 





Text proposed by the Commission




Amendment











(i)


‘carbon storage in products’ means 
a carbon removal
 activity 
that stores
 atmospheric and biogenic carbon in long-lasting products or materials;












(i)


‘carbon storage in products’ means 
an
 activity 
consisting of one or more practices or processes carried out by an operator which ensures long-term storage of
 atmospheric and biogenic carbon in long-lasting 
harvested wood
 products or materials 
for construction for at least five decades in a manner consistent with other Union environmental objectives, as well as Regulation (EU) 2018/841 and IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement
;









Amendment 58


Proposal for a regulation


Article 2 – paragraph 1 – point i a (new)







 





Text proposed by the Commission




Amendment





 










(ia)






‘geological storage of CO2’ means geological storage of CO2 as defined in Article 3(1) of Directive 2009/31/EC;











Amendment 59


Proposal for a regulation


Article 2 – paragraph 1 – point n







 





Text proposed by the Commission




Amendment











(n)


‘certificate’ means a conformity statement issued by the certification body certifying that the 
carbon removal
 activity complies with this Regulation;












(n)


‘certificate’ means a conformity statement issued by the certification body certifying that the activity complies with this Regulation;









Amendment 60


Proposal for a regulation


Article 2 – paragraph 1 – point o







 





Text proposed by the Commission




Amendment











(o)


‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by a carbon 
removal activity
 and registered by a certification scheme.












(o)


‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by carbon 
removals
 and registered by a certification scheme.









Amendment 61


Proposal for a regulation


Article 2 – paragraph 1 – point o a (new)







 





Text proposed by the Commission




Amendment





 










(oa)






‘reversal’ means the voluntary or involuntary release of carbon back into the atmosphere; in the case of geological storage of CO2, ‘reversal’ has the same meaning as leakage as defined in Article 3(5) of Directive 2009/31/EC or during CO2 transportation;











Amendment 62


Proposal for a regulation


Article 2 – paragraph 1 – point o b (new)







 





Text proposed by the Commission




Amendment





 










(ob)






‘carbon farming sequestration unit’ means one tonne of certified net carbon farming sequestration benefit generated by carbon farming sequestration;











Amendment 63


Proposal for a regulation


Article 2 – paragraph 1 – point o c (new)







 





Text proposed by the Commission




Amendment





 










(oc)






‘carbon storage product unit’ means one tonne of certified net carbon product sequestration benefit generated by carbon storage in products and registered by a certification scheme;











Amendment 64


Proposal for a regulation


Article 2 – paragraph 1 – point o d (new)







 





Text proposed by the Commission




Amendment





 










(od)






‘carbon farming emission reduction unit’ means one tonne of certified net carbon farming carbon reduction, net carbon farming nitrogen reduction or net carbon farming methane reduction benefit generated by carbon farming emission reduction and registered by a certification scheme, and separated and identified either as a ‘carbon farming emission reduction unit - carbon’, ‘carbon farming emission reduction unit - nitrogen’, or ‘carbon farming emission reduction unit - methane’;











Amendment 65


Proposal for a regulation


Article 3 – paragraph 1 – introductory part







 





Text proposed by the Commission




Amendment





Carbon removals shall be eligible for certification under this Regulation where they meet both of the following conditions:


Carbon removals, 
carbon farming or carbon storage in products
 shall be eligible for certification under this Regulation where they meet both of the following conditions:





Amendment 66


Proposal for a regulation


Article 3 – paragraph 1 – point a







 





Text proposed by the Commission




Amendment











(a)


they 
are generated from a carbon removal activity that complies
 with the quality criteria set out in Articles 4 to 7;












(a)


they 
comply
 with the quality criteria set out in Articles 4 to 7;









Amendment 67


Proposal for a regulation


Article 3 – paragraph 1 – point a a (new)







 





Text proposed by the Commission




Amendment





 










(aa)






they comply with the rules on use of units set out in Article 3a;











Amendment 68


Proposal for a regulation


Article 3 a (new)







 





Text proposed by the Commission




Amendment





 




Article 3a






 




Rules on the issuance and use of units






 





1.
   
Carbon farming sequestration and emission reduction units shall be issued by 31 December each year, provided that an annual monitoring check does not show any non-compliance with the requirements set out in this Regulation and does not show a reversal. The certification body shall be responsible for the annual monitoring check based on reliable real-world data, which may be provided by a legal person or relevant authority, such as the paying agency, with the aid of the identification system for agricultural parcels provided for in Article 68 of Regulation (EU) 2021/2116. The annual monitoring check shall be performed by 15 October each year. The certification body shall transmit data on any non-compliance or reversal to the certification scheme within one month of the monitoring check.







 





2.
   
Any use of units shall ensure the highest integrity of climate mitigation and shall lead to an overall lower concentration of greenhouse gas emissions in the atmosphere. All removals, sequestration and emission reductions generated under this Regulation shall contribute to achieving the Union’s nationally determined contributions (NDCs) and climate targets and objectives as set out in Regulation (EU) 2021/1119 and shall not contribute to a third country’s NDC.







 





3.
   
A certified unit shall not be used or claimed by more than one legal or natural person at any point in time, and shall not be counted towards more than one Member State’s greenhouse gas inventory at any point in time.







 





4.
   
Carbon removal units, carbon farming sequestration units, carbon farming emission reduction units and carbon storage in product units shall remain distinct from each other.







 





5.
   
The use by an undertaking of units certified under this Regulation for voluntary compensation, offset or reduction claims in its corporate greenhouse gas inventory reporting shall be subject to the same conditions as those laid down for the use of units for corporate business-to-consumer commercial practices in Directive 2005/29/EC as amended by Directive (EU) .../... of the European Parliament and of the Council [Empowering Consumers for the Green Transition]. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the details of this paragraph.







 





6.
   
In accordance with the review clause set out in Article 30(5) of Directive 2003/87/EC, by 31 July 2026, the Commission shall report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal and impact assessment, on how negative emissions resulting from greenhouse gases that are removed from the atmosphere and safely and permanently stored could be accounted for and how those negative emissions could be covered by emissions trading, if appropriate, including a clear scope and strict criteria for such coverage, and safeguards to ensure that such removals do not offset necessary emission reductions in accordance with Union climate targets laid down in Regulation (EU) 2021/1119.








Amendment 69


Proposal for a regulation


Article 4 – paragraph 1 – subparagraph 1







 





Text proposed by the Commission




Amendment





Net carbon removal benefit = CRbaseline – CRtotal – 
GHGincrease

 > 0


Net carbon removal benefit = CRbaseline – CRtotal – 
GHGassociated

 > 0





Amendment 70


Proposal for a regulation


Article 4 – paragraph 1 – subparagraph 2 – point c







 





Text proposed by the Commission




Amendment











(c)


GHG

increase

 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 removal activity.












(c)


GHG

associated

 is the increase in direct and indirect greenhouse gas emissions, 
over the entire life cycle of the activity
 which are due to the implementation of the carbon removal activity
, calculated in accordance with protocols set forth in the 2006 IPCC Guidelines for National Greenhouse Gas Inventories
. 
This includes, among others, emissions due to energy use, transportation, material inputs, displacement effects due to competing demand for energy or waste heat, and direct and indirect land use change, and covers both impacts within and outside the Union. The certification of a carbon removal activity based on the storage of CO2 from sustainable biomass shall not lead to an increase of the capacity of the plant beyond what is necessary for the carbon capture and storage.











Amendment 71


Proposal for a regulation


Article 4 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   
In the case of
 carbon farming
, 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
.




2.   
A
 carbon farming 
activity shall provide net benefits, which
 shall be 
quantified using the following formulas:







 




Net carbon farming sequestration benefit = (CSbaseline – CStotal) – GHGassociated > 0, where:






 










(a)






CSbaseline is the carbon sequestration under the baseline,










 










(b)






CStotal is the total carbon sequestration of the carbon farming activity,










 










(c)






GHGassociated is the direct and indirect greenhouse gas emissions over the entire life cycle of the activity, which are due to the implementation of the carbon farming activity. This includes, among others, emissions due to energy use, transportation, material inputs, and direct and indirect land use change, and covers both impacts within and outside the Union.










 




Net carbon farming carbon reduction benefit = (RCbaseline – RCtotal – GHGassociated) > 0






 




Net carbon farming nitrogen reduction benefit = (N2Obaseline – N2Otota– GHGassociated) > 0






 




Net carbon farming methane reduction benefit = (CH4baseline - CH4total– GHGassociated

’
) > 0






 




where:






 










(a)






RCbaseline is the carbon emissions under the baseline;










 










(b)






RCtotal is the total reduction in carbon emissions achieved through the implementation of the carbon farming activity;










 










(c)






GHGassociated is the direct and indirect greenhouse gas emissions over the entire life cycle of the activity, which are due to the implementation of the carbon farming activity. This includes, among others, emissions due to energy use, transportation, material inputs, and direct and indirect land use change, and covers both impacts within and outside the Union;










 










(d)






N2Obaseline is the N2O emissions under the baseline due to the use of fertiliser or manure;










 










(e)






N2Ototal is the total reduction in N2O emissions due to the use of fertiliser or manure management that is directly attributable to the activity;










 










(f)






CH4baseline is the CH4 emissions under the baseline due to enteric fermentation or manure management;










 










(g)






CH4total is the total reduction in CH4 emissions due to enteric fermentation or manure management that is directly attributable to the activity;










 




Where the activity generates both carbon farming sequestration and carbon farming emission reductions, the registry referred to in Article 12 shall ensure that a distinction is made between the corresponding carbon farming sequestration units and carbon farming emission reduction units.






 




In the case of carbon farming, the scope of the quantities referred to in CSbaseline and CStotal corresponds to the net greenhouse gas removals included in the scope of Regulation (EU) 2018/841, and the scope of the quantities referred to in RCbaseline and RCtotal corresponds to the net greenhouse gas emissions from biogenic carbon pools as set out in points (e) to (f) of Section B of Annex I to Regulation (EU) 2018/841.






 




The scope of the quantities referred to in N2Obaseline and N2Ototal corresponds to the greenhouse gas emissions from the IPCC source category 4B 10 – 12 (manure management) and 4D (agricultural soils).






 




The scope of the quantities referred to in CH4baseline and CH4total corresponds to the greenhouse gas emissions from the IPCC source categories 4A (enteric fermentation) and 4B 1 - 9 (manure management).







Amendment 72


Proposal for a regulation


Article 4 – paragraph 2a







 





Text proposed by the Commission




Amendment





 





2a.
   
A carbon storage in products activity shall provide a net carbon storage in products benefit, which shall be quantified using the formula:







 




Net carbon product sequestration benefit = CPSbaseline – CPStotal – GHGassociated > 0






 










(a)






CPSbaseline is the carbon sequestered in a product under the baseline;










 










(b)






CPStotal is the total carbon sequestered in the product of the activity;










 










(c)






GHGassociated is the increase in direct and indirect greenhouse gas emissions, over the entire life cycle of the activity which are due to the implementation of the carbon removal activity. This includes, among others, emissions due to energy use, transportation, material inputs, displacement effects due to competing demand for energy or waste heat, and direct and indirect land use change, and covers both impacts within and outside the Union.











Amendment 73


Proposal for a regulation


Article 4 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   Quantities referred to in paragraph 1
,
 points (a), (b) and (c), shall be designated with a negative sign (-) if they are net greenhouse gas removals and with a positive sign (+) if they are net greenhouse gas emissions ; they shall be expressed in tonnes of carbon dioxide equivalent.




3.   Quantities referred to in paragraph 1 points (a), (b) and (c), 
in paragraph 2, points (a), (b), (c), (d), (e), (f) and (g), and in paragraph 2a, points (a), (b) and (c),
 shall be designated with a negative sign (-) if they are net greenhouse gas removals 
or, in the case of carbon farming emission reductions, net greenhouse gas reductions,
 and with a positive sign (+) if they are net greenhouse gas emissions
,
 they shall be expressed in tonnes of carbon dioxide equivalent.






Amendment 74


Proposal for a regulation


Article 4 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   Carbon removals shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner.




4.   Carbon removals, 
carbon farming and carbon storage in products
 shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner. 
Uncertainties in the quantification of carbon removals shall be duly reported and accounted as part of the certification methodologies, in a manner that is conservative, proportionate to the level of uncertainty, and in accordance with recognised statistical approaches and the latest available scientific evidence.








Amendment 75


Proposal for a regulation


Article 4 – paragraph 5







 





Text proposed by the Commission




Amendment






5.   The baseline shall 
correspond to the standard carbon removal
 performance of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.




5.   
In the case of carbon removals or carbon storage in products,
 the 
standardised
 baseline shall 
be representative of the state-of-the-art
 performance 
of common current practices
 of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.






Amendment 76


Proposal for a regulation


Article 4 – paragraph 5 a







 





Text proposed by the Commission




Amendment





 





5a.
   
In the case of carbon farming, the standardised baseline shall be representative of the performance of common current practices of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context. In the case of carbon farming sequestration, the calculation of the standardised baseline shall not take into account those common current practices of comparable carbon farming sequestration activities that result in net greenhouse gas emissions. In the case of carbon farming emission reduction, the calculation of the standardised baseline shall not take into account those common current practices of comparable carbon farming emission reduction activities that result in increased net greenhouse gas emissions. The respective methodologies shall differentiate between static or dynamic baselines where necessary.








Amendment 77


Proposal for a regulation


Article 4 – paragraph 6







 





Text proposed by the Commission




Amendment






6.   By way of derogation from paragraph 5, where duly justified, the baseline may be based on the individual 
carbon removal
 performance of that activity.




6.   By way of derogation from paragraph 5, where duly justified 
in the applicable certification methodology by the absence of sufficient comparable activities to be able to set a representative baseline
, the baseline may be based on the individual performance of that activity 
at the start of that activity
.






Amendment 78


Proposal for a regulation


Article 4 – paragraph 7







 





Text proposed by the Commission




Amendment






7.   The baseline shall be 
periodically
 updated.




7.   The baseline shall be 
regularly reviewed and
 updated 
by the Commission at least every five years. The baseline shall remain constant for the operator throughout the monitoring period once an activity has started, but shall be reviewed and updated upon re-certification
.






Amendment 79


Proposal for a regulation


Article 4 – paragraph 8







 





Text proposed by the Commission




Amendment








8.
   
The quantification of the carbon removals shall account for uncertainties in accordance with recognised statistical approaches.







deleted







Amendment 80


Proposal for a regulation


Article 4 – paragraph 9







 





Text proposed by the Commission




Amendment






9.   To support the quantification of 
carbon removals generated by
 carbon farming, the operator or group of operators shall gather data on carbon 
removals
 and greenhouse gas emissions in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999.




9.   To support the quantification of carbon farming, the operator or group of operators shall gather data on carbon 
sequestration
 and greenhouse gas emissions 
based on the use of Tier 3 methodologies in accordance with the 2006 IPCC guidelines for National Greenhouse Gas inventories, and
 in a manner compatible with national greenhouse gas inventories under Regulation (EU) 2018/841 and Part 3 of Annex V to Regulation (EU) 2018/1999
, taking into account the objective of minimising the administrative burden for small-scale operators in accordance with Article 8(3) of this Regulation
.






Amendment 81


Proposal for a regulation


Article 5 – paragraph 1 – introductory part







 





Text proposed by the Commission




Amendment






1.   
A carbon removal
 activity shall be additional. To that end, the 
carbon removal
 activity shall meet both of the following criteria:




1.   
Each
 activity shall be additional. To that end, the activity shall meet both of the following criteria:






Amendment 82


Proposal for a regulation


Article 5 – paragraph 1 – point a







 





Text proposed by the Commission




Amendment











(a)


it goes beyond Union and national statutory requirements;












(a)


it goes beyond Union and national statutory requirements 
at the level of the individual operator;











Amendment 83


Proposal for a regulation


Article 5 – paragraph 1 – point b







 





Text proposed by the Commission




Amendment











(b)




it takes place due to
 the incentive effect of the certification.












(b)


the incentive effect of the certification 
is needed for the activity to become financially attractive
.









Amendment 84


Proposal for a regulation


Article 5 – paragraph 2







 





Text proposed by the Commission




Amendment






(2)   Where the baseline is established pursuant to Article 4(5), additionality as referred to in paragraph 1 is considered to be complied with. Where the baseline is established pursuant to Article 4(6), additionality as referred to in paragraph 1, points (a) and (b), shall be demonstrated through specific tests.




(2)   Where the baseline is established pursuant to Article 4(5) 
or (5a)
, additionality as referred to in paragraph 1, 
point
 (
a)
 is considered to be complied with. Where the baseline is established pursuant to Article 4(6), additionality as referred to in paragraph 1, points (a) and (b), shall be demonstrated through specific tests 
set out as part of the certification methodologies referred to in Article 8
.






Amendment 85


Proposal for a regulation


Article 6 – title







 





Text proposed by the Commission




Amendment







Long-term
 storage


Storage 
duration, monitoring and liability requirements







Amendment 86


Proposal for a regulation


Article 6 – paragraph 1







 





Text proposed by the Commission




Amendment






1.   An operator or group of operators shall demonstrate that a carbon removal activity 
aims at ensuring the long-term
 storage of carbon.




1.   An operator or group of operators shall 
ensure and
 demonstrate that a carbon removal activity 
results in the permanent
 storage of carbon.






Amendment 87


Proposal for a regulation


Article 6 – paragraph 1 a (new)







 





Text proposed by the Commission




Amendment





 





1a.
   
An operator or group of operators shall ensure and demonstrate that a carbon farming activity results in the long-term sequestration of carbon, the reduction of greenhouse gas emissions, or both.








Amendment 88


Proposal for a regulation


Article 6 – paragraph 1 b (new)







 





Text proposed by the Commission




Amendment





 





1b.
   
An operator or group of operators shall ensure and demonstrate that a carbon storage in products activity results in the long-term storage of carbon.








Amendment 89


Proposal for a regulation


Article 6 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   For the purposes of 
paragraph
 1, an operator or group of operators shall comply with 
both of
 the following criteria:




2.   For the purposes of 
paragraphs
 1, 
1a and 1b
, an operator or group of operators shall comply with the following criteria 
set out in paragraphs 2a to 2e.















(a)






they shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period;








 












(b)






they shall be subject to appropriate liability mechanisms in order to address any release of the stored carbon occurring during the monitoring period.








 





Amendment 90


Proposal for a regulation


Article 6 – paragraph 2 a (new)







 





Text proposed by the Commission




Amendment





 





2a.
   
An operator or group of operators shall monitor and mitigate any risk of a release of the stored carbon occurring during the monitoring period, which shall be set as follows:







 










(a)






for carbon removal activities, the monitoring period and requirements shall be consistent with Articles 13, 17 and 18 of Directive 2009/31/EC;










 










(b)






for carbon farming activities, the monitoring period and requirements shall cover at least the entire period during which the results of the activity are projected to be sustained as set out in the applicable certification methodology;










 










(c)






for carbon storage in products activities, the monitoring period shall cover the entire lifetime of the product until and including the end of life of the product.











Amendment 91


Proposal for a regulation


Article 6 – paragraph 2 b (new)







 





Text proposed by the Commission




Amendment





 





2b.
   
A carbon farming operator or group of operators may designate a legal person or relevant authority, such as the paying agency within the meaning of Article 9 of Regulation (EU) 2021/2116 in the case of carbon farming activities registered in the identification system for agricultural parcels, to be responsible for the monitoring, subject to all requirements under this Regulation being met.








Amendment 92


Proposal for a regulation


Article 6 – paragraph 2 c (new)







 





Text proposed by the Commission




Amendment





 





2c.
   
An operator or group of operators shall be subject to appropriate liability mechanisms, and designate a liable natural or legal person to be responsible for addressing any reversal, including due to force majeure, at any point in time during the activity:







 










(a)






for carbon removal activities, the liability mechanism shall be consistent with the liability mechanism set out in Directive 2009/31/EC;










 










(b)






for carbon farming activities, the liability mechanism shall be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon sequestration is generated as compensation for the reversal;










 










(c)






for carbon storage in products activities, the liability mechanism shall be set out and approved as part of the applicable certification methodology and ensure that equivalent carbon storage is generated as compensation for the reversal.










 




The certification scheme shall continuously monitor and ensure the availability and readiness of the liability mechanism throughout the monitoring period of an activity.







Amendment 93


Proposal for a regulation


Article 6 – paragraph 2 d (new)







 





Text proposed by the Commission




Amendment





 





2d.
   
In case of a reversal, the corresponding units shall be suspended in the certification registry where they are registered until the reversal has been addressed by the liability mechanism in accordance with paragraph 2c.







 




Where a reversal is not addressed within a reasonable timeframe through the liability mechanism in accordance with paragraph 2c, the validity of a certificate shall expire and the corresponding units shall be cancelled in the certification registry where they are registered.







Amendment 94


Proposal for a regulation


Article 6 – paragraph 2 e (new)







 





Text proposed by the Commission




Amendment





 





2e.
   
Where the validity of a certificate has expired in accordance with paragraph 2a, point (c), the operator or group of operators shall pay a corrective penalty reflecting the carbon cost of the amount of carbon released to the atmosphere. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by establishing the formula for the calculation of the penalties and the arrangements for the payment of the penalties.








Amendment 95


Proposal for a regulation


Article 6 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   For carbon farming and carbon storage in products, 
the carbon stored by a carbon removal
 activity shall be considered released to the atmosphere at the end of the monitoring period.




3.   For carbon farming and carbon storage in products, 
the net benefit generated by the
 activity 
during the entire lifetime of the activity
 shall be considered released to the atmosphere at the end of the monitoring period 
or, in the event that the monitoring has been discontinued, before the end of the monitoring period, and the corresponding units shall be cancelled in the certification registry where they are registered, unless the operator or the group of operators carry out a re-certification of the activity and demonstrate the continuation of the activity and monitoring period
. 
However, a carbon farming activity shall not lead to a decreased carbon sink, as defined in Regulation (EU) 2018/841, compared to the baseline beyond the monitoring period.








Amendment 96


Proposal for a regulation


Article 7 – paragraph 1







 





Text proposed by the Commission




Amendment






1.   A carbon removal activity shall have a neutral impact on 
or
 generate co-benefits for 
all
 the following sustainability objectives:




1.   A carbon removal activity shall 
at least
 have a neutral impact on 
each of, and may
 generate co-benefits for 
one or more of,
 the following sustainability objectives:












(a)


climate change mitigation beyond the net 
carbon removal
 benefit referred to in Article 4(1);












(a)


climate change mitigation beyond the net benefit referred to in Article 4(1);








 










(aa)






the avoidance of the risk of carbon leakage in third countries;
















(b)


climate change adaptation;












(b)


climate change adaptation;














(c)


sustainable use and protection of water and marine resources;












(c)


sustainable use and protection of water and marine resources;














(d)


transition to a circular economy;












(d)


transition to a circular economy
, including the efficient use of sustainably sourced bio-based materials
;














(e)


pollution prevention and control;












(e)


pollution prevention and control;














(f)


protection and restoration of biodiversity and ecosystems.












(f)


protection and restoration of biodiversity and ecosystems.









Amendment 97


Proposal for a regulation


Article 7 – paragraph 1a (new)







 





Text proposed by the Commission




Amendment





 





1a.
   
A carbon farming activity shall at least generate co-benefits for the sustainability objective referred to in point (f) of this paragraph, and shall at least have a neutral impact on each of the sustainability objectives listed in points (a) to (ea) or may generate co-benefits for one or more of the sustainability objectives listed in points (a) to (ea) as follows:







 










(a)






climate change mitigation beyond the net carbon farming benefit referred to in Article 4(1a);










 










(b)






climate change adaptation;










 










(c)






sustainable use and protection or improvement of water quality and marine resources;










 










(d)






transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;










 










(e)






pollution prevention and control;










 










(ea)






prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota;










 










(f)






protection and restoration of biodiversity and ecosystems.











Amendment 98


Proposal for a regulation


Article 7 – paragraph 1b (new)







 





Text proposed by the Commission




Amendment





 





1b.
   
A carbon storage in product activity shall at least have a neutral impact on each of, and shall generate co-benefits for at least one of, the following sustainability objectives:







 










(a)






climate change mitigation beyond the net carbon farming benefit referred to in Article 4(1a);










 










(b)






climate change adaptation;










 










(c)






sustainable use and protection or improvement of water quality and marine resources;










 










(d)






transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;










 










(e)






pollution prevention and control;










 










(ea)






prevention of soil degradation, soil restoration, improvement of soil fertility and of nutrient management and soil biota;










 










(f)






protection and restoration of biodiversity and ecosystems.











Amendment 99


Proposal for a regulation


Article 7 – paragraph 1 c (new)







 





Text proposed by the Commission




Amendment





 





1c.
   
Carbon farming activities shall not negatively affect the Union’s food security and shall not lead to land grabbing or land speculation. They shall respect the rights of local communities and indigenous people affected by those activities, both within and outside the Union, as well as the balance between the environmental, economic and social impact on local communities and small-scale land managers.







 




An activity under the scope of this Regulation shall not negatively affect other activities under the scope of this Regulation.







Amendment 100


Proposal for a regulation


Article 7 – paragraph 2







 





Text proposed by the Commission




Amendment






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.




2.   For the purposes of 
paragraphs
 1, 
1a, 1b and 1c, the Commission
 shall 
set out the
 minimum sustainability requirements 
for each type of activity in the relevant certification methodology, as part of
 the delegated acts adopted pursuant to Article 8. 
The minimum sustainability requirements shall take into account the impacts both within and outside the Union and local conditions. Those minimum sustainability requirements shall, where appropriate, be consistent with the technical screening criteria for the ‘do no significant harm’ principle concerning forestry activities and underground permanent geological storage of CO2 laid down in Delegated Regulation (EU) 2021/2139, and shall promote the sustainability of forest and agriculture biomass raw material in accordance with the sustainability and GHG saving criteria for biomass laid down in Article 29 of Directive (EU) 2018/2001.








Amendment 101


Proposal for a regulation


Article 7 – paragraph 3







 





Text proposed by the Commission




Amendment






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)
.




3.   Where an operator or group of operators report co-benefits that contribute to the sustainability objectives referred to in paragraph 1, 
1a or 1b
 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 the generation of co-benefits going beyond the minimum sustainability requirements for the objective
s
 referred to in paragraph 
1a and shall provide for the possibility of generating a carbon farming premium for such co-benefits, for which the Commission shall set out the methodology by delegated acts by ... [please insert the date one year from the entry into force of this Regulation]
. 
Certificates shall indicate whether an activity has a neutral impact or generates co-benefits for the sustainability objectives.








Amendment 102


Proposal for a regulation


Article 8 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   The Commission 
is empowered to
 adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for 
activities related to permanent carbon storage, carbon farming and carbon storage in products
. Those certification methodologies shall include at least the elements set out in Annex I.




2.   The Commission 
shall
 adopt delegated acts in accordance with Article 16 to establish the technical certification methodologies referred to in paragraph 1 for 
each type of activity. Each certification methodology for each type of activity shall be subject to a separate delegated act
. Those certification methodologies shall include at least the elements set out in Annex I. 
The first such delegated act shall be adopted by ... [please enter the date 12 months from the entry into force of this regulation].







 




The Commission shall prioritise the development of certification methodologies for those types of activities that are the most mature, have the potential for generating the largest net benefits and the potential to provide the largest co-benefits. In the case of carbon farming activities, the Commission shall as a part of its prioritisation take into account in addition whether the activities contribute to sustainable management of agricultural land and forests.






 




The delegated acts referred to in the first subparagraph shall be reviewed periodically to include new or innovative activities, prepared in accordance with criteria listed in paragraphs 2a and 3.






 




The technical certification methodologies for activities related to carbon storage in products shall only be developed following and on the basis of the report to be presented by the Commission in accordance with Article 17(3) of Regulation (EU) 2018/841.







Amendment 103


Proposal for a regulation


Article 8 – paragraph 2 a (new)







 





Text proposed by the Commission




Amendment





 





2a.
   
Prior to adopting the delegated act referred to in paragraph 2 of this Article, the Commission shall consult the Platform referred to in Article 8a regarding the technical certification methodologies referred to in paragraph 2 of this Article.








Amendment 104


Proposal for a regulation


Article 8 – paragraph 2 b (new)







 





Text proposed by the Commission




Amendment





 





2b.
   
For each draft delegated act, the Commission shall carry out a thorough impact assessment, which shall be based on conclusive scientific evidence and a public consultation for a period of at least four weeks, and its final results shall be made public at the time of adoption of the related delegated act.







 




Within 6 months of ... [please insert the date of the entry into force of this Regulation], the Commission shall, in accordance with paragraph 2 and after consulting the Platform, publish guidance for potential carbon farming operators or groups of operators on the list of carbon farming activities that are to be prioritised in the preparation of the methodologies. That list may be periodically reviewed and extended.







Amendment 105


Proposal for a regulation


Article 8 – paragraph 3 – point a







 





Text proposed by the Commission




Amendment











(a)


the objectives of ensuring the robustness of 
carbon removals
 and recognising the protection and restoration of ecosystems;












(a)


the objectives of ensuring the robustness of 
the activities
 and recognising the protection and restoration of ecosystems;









Amendment 106


Proposal for a regulation


Article 8 – paragraph 3 – point a a (new)







 





Text proposed by the Commission




Amendment





 










(aa)






the certification methodologies shall be based on the best available scientific evidence and the precautionary principle enshrined in Article 191 of the Treaty on the Functioning of the European Union;











Amendment 107


Proposal for a regulation


Article 8 – paragraph 3 – point a b (new)







 





Text proposed by the Commission




Amendment





 










(ab)






the outcome of the public consultation and the advice of the Platform;











Amendment 108


Proposal for a regulation


Article 8 – paragraph 3 – point a c (new)







 





Text proposed by the Commission




Amendment





 










(ac)






existing standards and best practices in the certification methodologies, where they comply with the requirements and criteria set out in this Regulation;











Amendment 109


Proposal for a regulation


Article 8 – paragraph 3 – point b







 





Text proposed by the Commission




Amendment











(b)


the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators;












(b)


the objective of minimising administrative 
and financial
 burden 
and keeping the certification procedure as simple as possible
 for operators, particularly for small-scale carbon farming operators 
and for small- and medium-sized enterprises, without compromising the quality of the carbon removals or co-benefits
;









Amendment 110


Proposal for a regulation


Article 8 – paragraph 3 – point b a (new)







 





Text proposed by the Commission




Amendment





 










(ba)






the certification methodologies shall be easy to use and established in a manner that facilitates the verification of their compliance;











Amendment 111


Proposal for a regulation


Article 8 – paragraph 3 a (new)







 





Text proposed by the Commission




Amendment





 





3a.
   
The Commission shall make the certification methodologies publicly available.








Amendment 112


Proposal for a regulation


Article 8 a (new)







 





Text proposed by the Commission




Amendment





 




Article 8a






 




Platform on Carbon Removal, Carbon Farming and Carbon Storage in Product Activities






 





1.
   
The Commission shall establish a Platform on Carbon removal and Carbon farming Activities (the ‘Platform’). It shall be composed in a balanced manner of the following groups:







 










(a)






representatives of:










 










(i)






the European Environment Agency;










 










(ii)






the European Scientific Advisory Board on Climate Change established under Article 10a of Regulation (EC) No 401/2009 of the European Parliament and of the Council

 (1a);








 










(b)






experts representing relevant private stakeholders, including farmers and forest owners or managers, and business sectors, representing relevant industries, involved in the areas covered by this Regulation;










 










(ba)






representatives of certification schemes;










 










(c)






experts representing civil society with expertise in the areas covered by this Regulation;










 










(d)






experts appointed in a personal capacity who have proven knowledge and experience in the areas covered by this Regulation;










 










(e)






experts representing academia, including universities, research institutes and other scientific organisations.










 




The members of the Expert Group on carbon removals shall be integrated into the groups of representatives and experts referred to in points (a) to (e) in a way that guarantees that groups in points (a) to (e) are represented in a balanced manner.






 





2.
   
The Platform shall:







 










(a)






advise the Commission on the technical certification methodologies referred to in Article 8, including on the minimum sustainability requirements referred to in Article 7, as well as on the possible need to update those certification methodologies;










 










(b)






analyse the impact of the technical certification methodologies in terms of the potential costs and benefits of their application;










 










(c)






assist the Commission in analysing requests from stakeholders to develop or revise technical certification methodologies for a given activity;










 










(d)






monitor and regularly report to the Commission on trends at Union and Member State level regarding carbon removal and carbon farming;










 










(e)






advise the Commission on the possible need to develop further measures to improve data availability and quality.










 










(f)






advise the Commission on the usability of the technical certification methodologies, taking into account the need to avoid an undue administrative burden;










 










(g)






advise the Commission on the possible need to amend this Regulation;










 










(h)






advise the Commission on the minimum information included in the certificates referred to in Article 9, as well as on the rules and procedures related to audits and certification schemes, and on the possible need to update those rules and procedures.










 





3.
   
The Platform shall take into account the views of a wide range of stakeholders. The selection of the members shall seek to ensure varied disciplinary and sectoral expertise, as well as gender and geographical balance.







 





4.
   
The Platform shall be chaired by a member of the Platform elected by the Platform and constituted in accordance with the horizontal rules on the creation and operation of Commission expert groups. In that context, the Commission may invite experts with specific expertise on an ad hoc basis.







 





5.
   
The Platform shall carry out its tasks in accordance with the principle of transparency. The Commission shall publish the minutes of the meetings of the Platform and other relevant documents on the Commission website.







 





6.
   
Where operators or groups of operators consider that an activity which does not comply with the technical certification methodologies established pursuant to this Regulation, or for which such technical certification methodologies have not yet been established, should be eligible for certification under this Regulation, they may inform the Platform thereof.








Amendment 113


Proposal for a regulation


Article 9 – paragraph 1







 





Text proposed by the Commission




Amendment






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, in particular to small-scale 
carbon farming
 operators.




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 activity, including the certification methodology applied to assess compliance with Articles 
3a
 to 7, and the expected total net benefit. Groups of operators shall also specify how advisory services on activities are provided, in particular to small-scale operators
, and what measures are taken to limit the administrative burden for land managers. For operators or groups of operators involved in cross-border or multi-country projects, a single certification body may be appointed for all cross-border and multi-country projects.







 




For carbon farming activities, Member States may provide advice to farmers in the framework of the advisory services referred to in Article 15 of Regulation (EU) 2021/2115.






 




For carbon farming, agricultural parcels registered in the Land Parcel Identification System (LPIS) set out in Article 68 of Regulation (EU) 2021/2116 on which a carbon farming activity certified by a certification scheme is taking place cannot be certified for the same activity by a different certification scheme.






 




In order to ensure consistency with Annex I (c), for carbon farming, the following information shall be registered in the Identification system for agricultural parcels, provided for in Article 68 of Regulation (EU) 2021/2116, where applicable: management practices related to the carbon farming activity, start date and end date of the carbon removal activity, name of the certification scheme and unique certificate number or code for a particular agricultural parcel.







Amendment 114


Proposal for a regulation


Article 9 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   The certification body shall conduct a certification audit to verify the information submitted in accordance with paragraph 1 and 
to
 confirm compliance of the 
carbon removal
 activity with Articles 
4
 to 7. As a result of that certification audit, the certification body shall issue a certification audit report, that includes a summary, and a certificate containing, as a minimum, the information set out in Annex II. The certification scheme shall control the certification audit report and the certificate, and make the 
summary of the
 certification audit report and the certificate publicly available in 
a
 registry referred to in Article 12.




2.   The 
certification scheme shall appoint a
 certification body 
which
 shall conduct a certification audit to verify 
that
 the information submitted in accordance with paragraph 1 
is accurate and reliable, and
 confirm compliance of the activity with Articles 
3a
 to 7. 
When multiple different carbon farming activities take place at farm level, the certification audits may be conducted on a single occasion. When
 as a result of that certification audit 
the compliance of the information submitted in accordance with paragraph 1 has been verified
, the certification body shall issue a certification audit report, that includes a summary, and a certificate containing, as a minimum, the information set out in Annex II. The certification scheme shall control the certification audit report and the certificate, and make the certification audit report and the certificate publicly available in 
full or, where necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information, in the Union
 registry referred to in Article 12.






Amendment 115


Proposal for a regulation


Article 9 – paragraph 3







 





Text proposed by the Commission




Amendment






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 make the 
summary of the
 re-certification audit report, the updated certificate and the certified carbon removal units publicly available in 
a
 registry referred to in Article 12.




3.   The certification body shall carry out periodic re-certification audits to reconfirm compliance of the activity with Articles 
3a
 to 7 and verify the generated 
net
 benefit. 
Re-certification audits shall take place at least every 5 years for carbon farming activities, and at least every 10 years for other activities, following a risk-based approach
. 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 make the re-certification audit report, the updated certificate and the certified carbon removal units publicly available in 
full or, where necessary to preserve the confidentiality of commercially sensitive information in conformity with the relevant Union and national law, excluding that commercially sensitive information, in the Union
 registry referred to in Article 12.






Amendment 116


Proposal for a regulation


Article 9 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   The operator or a group of operators shall support the certification body during certification and re-certification audits, notably by giving access to the activity premises and providing 
relevant
 data and documentation.




4.   The operator or a group of operators shall support the certification body during certification and re-certification audits, notably by giving access to the activity premises and providing 
any
 data and documentation 
required
.






Amendment 117


Proposal for a regulation


Article 9 – paragraph 4 a (new)







 





Text proposed by the Commission




Amendment





 





4a.
   
Certification bodies shall be remunerated by the certification scheme in order to ensure the independence of the certification or re-certification audits.








Amendment 118


Proposal for a regulation


Article 9 – paragraph 5







 





Text proposed by the Commission




Amendment






5.   The Commission 
may
 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.




5.   The Commission 
shall no later than ... [please insert the date 12 months from the entry into force of this Regulation]
 adopt implementing acts to set out the structure, format, technical details of the comprehensive description of the 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 119


Proposal for a regulation


Article 10 – paragraph 1







 





Text proposed by the Commission




Amendment






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 Council (37).




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 Council (37). 
The list of accredited certification bodies shall be made publicly available in the Union registry referred to in Article 12.








Amendment 120


Proposal for a regulation


Article 10 – paragraph 2 – point b







 





Text proposed by the Commission




Amendment











(b)


independent from the operators or from a group of operators, and carry out the activities required under this Regulation in the public interest.












(b)




legally and financially
 independent from the operators or from a group of operators, and carry out the activities required under this Regulation in the public interest.









Amendment 121


Proposal for a regulation


Article 10 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   Member States shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national competent authorities, all relevant information necessary to supervise their operation, including date, time and location of the audits referred to in Article 9. Where Member States find issues of non-conformity, they shall inform the certification body and the relevant certification scheme thereof without delay.




4.   Member States 
and, where applicable, regional authorities
 shall supervise the operation of certification bodies. Certification bodies shall submit, upon request by the national 
and, where applicable, regional
 competent authorities, all relevant information necessary to supervise their operation, including date, time and location of the audits referred to in Article 9. Where Member States
, and when applicable, regional authorities,
 find issues of non-conformity, they shall inform the certification body and the relevant certification scheme thereof without delay 
and publish that notice in the Union registry referred to in Article 12
.






Amendment 122


Proposal for a regulation


Article 11 – paragraph 2







 





Text proposed by the Commission




Amendment






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, addressing non-conformity issues
, development and management of registries
.




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. 
For the purpose of handling complaints and appeals, certification schemes shall put in place easily accessible complaint and appeal procedures. Those procedures shall be made publicly available in the Union registry referred to in Article 12.








Amendment 123


Proposal for a regulation


Article 11 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   Certification schemes shall verify if the information and data submitted by the operator or a group of operators for the certification of compliance pursuant to Article 9 were subject to independent auditing and if the certification of compliance 
was
 carried out in an accurate
,
 reliable, and cost-effective manner.




3.   Certification schemes shall verify if the information and data submitted by the operator or a group of operators for the certification of compliance pursuant to Article 9 were subject to independent auditing and if the certification of compliance 
and the re-certification audit reports were
 carried out in an accurate, reliable, and cost-effective manner.






Amendment 124


Proposal for a regulation


Article 11 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   Certification schemes shall publish, at least annually, a list of the appointed certification bodies, stating for each certification body by which entity or national public authority it was recognised and which entity or national public authority is monitoring it.




4.   Certification schemes shall publish, at least annually, a list of the appointed certification bodies 
in the Union registry referred to in Article 12
, stating for each certification body by which entity or national 
or, where applicable, regional
 public authority it was recognised and which entity or national 
or, where applicable, regional
 public authority is monitoring it.






Amendment 125


Proposal for a regulation


Article 11 – paragraph 5







 





Text proposed by the Commission




Amendment






5.   The Commission shall adopt implementing acts setting out the structure, format, technical details and process referred to in paragraphs 2, 3 and 4, which shall apply to all certification schemes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.




5.   The Commission shall 
no later than ... [please insert the date 12 months from the date of entry into force of this Regulation]
 adopt implementing acts setting out the structure, format, technical details and process referred to in paragraphs 2, 3 and 4, which shall apply to all certification schemes. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.






Amendment 126


Proposal for a regulation


Article 12 – title







 





Text proposed by the Commission




Amendment







Registries






Union registry







Amendment 127


Proposal for a regulation


Article 12 – paragraph 1







 





Text proposed by the Commission




Amendment






1.   
A certification scheme
 shall establish and duly maintain a public registry to make publicly 
accessible
 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
.




1.   
The Commission
 shall establish and duly maintain a public registry 
(‘Union registry’)
 to make publicly 
available
 the information related to the certification process 
in an accessible way, containing, as a minimum, the information set out in Annex IIa
. 
The Union registry
 shall use automated systems, including electronic templates.






 




A certification scheme shall submit all relevant data and reporting that are required to be included in the Union registry in accordance with Annex IIa and that are necessary to verify compliance with the requirements laid down in this Regulation
.





Amendment 128


Proposal for a regulation


Article 12 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   The Commission 
may
 adopt implementing acts setting out the structure, format, and technical details of the 
public registries, 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.




2.   The Commission 
shall by...[12 months from the date of entry into force of this Regulation]
 adopt implementing acts setting out the structure, format, and technical details of the 
Union registry and the rules and procedures for providing all the information
 as referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.






Amendment 129


Proposal for a regulation


Article 12 – paragraph 2 a (new)







 





Text proposed by the Commission




Amendment





 





2a.
   
The Commission shall ensure that certification schemes report the average share of the revenues related to the sale of certified units for each activity which it passed on to the operator. The Commission shall assess the submitted reports and annually report its findings to the European Parliament and to the Council.








Amendment 130


Proposal for a regulation


Article 13 – paragraph 1







 





Text proposed by the Commission




Amendment






1.   Only a certification scheme recognised by the Commission by means of a decision may be used by operators or group of operators to demonstrate compliance with this Regulation. Such decision shall be valid for a period of no more than 5 years.




1.   Only a certification scheme recognised by the Commission by means of a decision may be used by operators or group of operators to demonstrate compliance with this Regulation. Such decision shall be valid for a period of no more than 5 years 
and shall be made public in the Union registry referred to in Article 12. The Commission shall inform the certification scheme about its decision for recognition no later than one month after the notification was provided.








Amendment 131


Proposal for a regulation


Article 13 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   A Member State shall notify to the Commission the application for recognition of the public certification scheme. The legal representative of a private certification scheme shall notify to the Commission the application for recognition of the private certification scheme.




2.   A Member State
, or where relevant, the regional authorities,
 shall notify to the Commission the application for recognition of the public certification scheme. The legal representative of a private certification scheme shall notify to the Commission the application for recognition of the private certification scheme.






Amendment 132


Proposal for a regulation


Article 13 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   The Commission may repeal a decision recognising a certification scheme pursuant to paragraph 1 where the certification scheme fails to implement the standards and rules set out in the implementing acts referred to in Article 11(5). Where a Member State raises concerns that a certification scheme does not operate in accordance with the standards and rules set out in the implementing acts referred to in Article 11(5) that constitute the basis for decisions under paragraph 1, the Commission shall investigate the matter and take appropriate action, including repealing the relevant decision.




3.   The Commission may
, after appropriate consultation with the certification scheme,
 repeal a decision recognising a certification scheme pursuant to paragraph 1 where the certification scheme fails to implement the standards and rules set out in the implementing acts referred to in Article 11(5). Where a Member State 
or, where applicable, a regional authority
 raises concerns
, or where a legal person, operator or group of operators raises duly substantiated concerns,
 that a certification scheme does not operate in accordance with the standards and rules set out in the implementing acts referred to in Article 11(5) that constitute the basis for decisions under paragraph 1, the Commission shall investigate the matter and take appropriate action, including repealing the relevant decision.






Amendment 133


Proposal for a regulation


Article 13 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   The Commission 
may
 adopt implementing acts setting out the structure, format, and technical details of the notification and recognition processes referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.




4.   The Commission 
shall by...[12 months from the date of entry into force of this Regulation]
 adopt implementing acts setting out the structure, format, and technical details of the notification and recognition processes referred to in paragraphs 1 and 2. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.






Amendment 134


Proposal for a regulation


Article 14 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   The Commission shall make those reports publicly available, in full or, where necessary to preserve the confidentiality of commercially sensitive information
, in an aggregated form
.




2.   The Commission shall make those reports publicly available 
in the Union registry referred to in Article 12
, in full or, where necessary to preserve the confidentiality of commercially sensitive information 
in conformity with the relevant Union and national law
, 
excluding this commercially sensitive information.








Amendment 135


Proposal for a regulation


Article 14 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   The Commission 
may
 adopt implementing acts setting out he structure, format, and technical details of the reports referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.




3.   The Commission 
shall by...[12 months from the date of entry into force of this Regulation]
 adopt implementing acts setting out he structure, format, and technical details of the reports referred to in paragraph 1. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 17.






Amendment 136


Proposal for a regulation


Article 14 a (new)







 





Text proposed by the Commission




Amendment





 




Article 14a






 




The Commission shall provide technical guidance to the Member States on the implementation of Article 9(4) and Article 13(2) and (3).







Amendment 137


Proposal for a regulation


Article 15 – paragraph 1







 





Text proposed by the Commission




Amendment





The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9.


The Commission
, after consulting the Platform referred to in Article 8a,
 is empowered to adopt delegated acts in accordance with Article 16 to amend Annex II in order to adapt the list of minimum information included in the certificates referred to in Article 9.





Amendment 138


Proposal for a regulation


Article 16 – paragraph 2







 





Text proposed by the Commission




Amendment






2.   The power to adopt delegated acts referred to in Articles 8 and 15 shall be conferred on the Commission for an indeterminate period of time from [PO: please insert the date = the date of entry into force of this Regulation].




2.   The power to adopt delegated acts referred to in Articles 
3a,
 8 and 15 shall be conferred on the Commission for an indeterminate period of time from [PO: please insert the date = the date of entry into force of this Regulation].






Amendment 139


Proposal for a regulation


Article 16 – paragraph 3







 





Text proposed by the Commission




Amendment






3.   The delegation of power referred to in Articles 8 and 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.




3.   The delegation of power referred to in Articles 
3a,
 8 and 15 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.






Amendment 140


Proposal for a regulation


Article 16 – paragraph 4







 





Text proposed by the Commission




Amendment






4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.




4.   Before adopting a delegated act, the Commission shall 
conduct a four-week public consultation and shall
 consult experts designated by each Member State in accordance with the principles laid down in the Inter-institutional Agreement of 13 April 2016 on Better Law-Making.






Amendment 141


Proposal for a regulation


Article 16 – paragraph 5







 





Text proposed by the Commission




Amendment






5.   Delegated acts adopted pursuant to Articles 8 and 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.




5.   Delegated acts adopted pursuant to Articles 
3a,
 8 and 15 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or of the Council.






Amendment 142


Proposal for a regulation


Article 18 – paragraph 2 – subparagraph 1 a (new)







 





Text proposed by the Commission




Amendment





 




As part of this reporting, the Commission shall assess the possible benefits and trade-offs of the inclusion of other long-lived carbon storage products based on the latest scientific evidence and may, where appropriate, present a legislative proposal to the Parliament and to the Council.







Amendment 143


Proposal for a regulation


Article 18 – paragraph 2 a (new)







 





Text proposed by the Commission




Amendment





 





2a.
   
By ... [12 months from the date of entry into force of this Regulation], the Commission shall report to the European Parliament and to the Council, accompanied, where appropriate, by a legislative proposal and impact assessment, on the establishment of Union targets for permanent carbon removals and for land-based sequestration as an integral part of the post-2030 Union climate framework.








Amendment 144


Proposal for a regulation


Article 18 – paragraph 2 b (new)







 





Text proposed by the Commission




Amendment





 





2b.
   
The Commission shall examine options to increase emission reductions within the food supply chain, including options related to the use of carbon farming units, and shall, where appropriate, by ... [12 months from the date of entry into force of this Regulation] present a legislative proposal accompanied by an impact assessment to that end.








Amendment 145


Proposal for a regulation


Annex I







 





Text proposed by the Commission




Amendment





Elements of the certification methodologies referred to in Article 8


Elements of the certification methodologies referred to in Article 8




When adopting delegated acts pursuant to Article 8, the certification methodologies shall include at least the following elements:


When adopting delegated acts pursuant to Article 8, the certification methodologies shall include at least the following elements:




 










(-a)






description of the type of activity covered (carbon removal, carbon farming sequestration, carbon farming carbon, nitrogen or methane emission reduction, or carbon storage in products);
















(a)


description of the 
carbon removal
 activity covered, including its monitoring period;












(a)




detailed
 description of the activity covered, including 
the projected durability of its results and
 its monitoring period;








 










(b)






for carbon removal activities:


















(b)




rules for identifying all carbon removal sinks and GHG emission sources referred to in Article 4(1);














(i)




rules for identifying all carbon removal sinks and GHG emission sources referred to in Article 4(1);
















(c)




rules for calculating the carbon removals under the baseline referred to in Article 4(1), point (a);














(ii)




rules for calculating the carbon removals under the baseline referred to in Article 4(1), point (a);
















(d)




rules for calculating the total carbon removals referred to in Article 4(1), point (b);














(iii)




rules for calculating the total carbon removals referred to in Article 4(1), point (b);
















(e)




rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c);














(iv)




rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c);








 










(c)






for carbon farming activities:










 










(i)






rules for identifying all carbon sequestration sinks and reductions and greenhouse gas emission reductions and sources referred to in Article 4(2);










 










(ii)






for carbon farming sequestration, rules for calculating the carbon sequestration under the baseline referred to in Article 4(2), first subparagraph, point (a);










 










(iii)






for carbon farming sequestration, rules for calculating the total carbon sequestration referred to in Article 4(2), first subparagraph, point (b);










 










(iv)






for carbon farming sequestration, rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2) first subparagraph, point (c);










 










(v)






for carbon farming emission reductions, rules for calculating the carbon emissions under the baseline referred to in Article 4(2) second subparagraph, point (a);










 










(vi)






for carbon farming reductions, rules for calculating the total carbon reduction referred to in Article 4(2) second subparagraph), point (b);










 










(vii)






for carbon farming emission reductions, rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2)second subparagraph, point (c);










 










(viii)






for carbon farming emission reductions, rules for calculating the N2O emissions under the baseline referred to in Article 4(2) second subparagraph, point (d);










 










(ix)






for carbon farming emission reductions, rules for calculating the total N2O emission reductions referred to in Article 4(2) second subparagraph, point (e);










 










(x)






for carbon farming emission reductions, rules for calculating the CH4 emissions under the baseline referred to in Article 4(2) second subparagraph, point (f);










 










(xi)






for carbon farming emission reductions, rules for calculating the total CH4 emissions referred to in Article 4(2) second subparagraph, point (g);










 










(d)






for carbon storage in product activities:










(i)






rules for identifying all carbon sequestration sinks and GHG emission sources referred to in Article 4(2a);














 










(ii)






rules for calculating the carbon sequestration under the baseline referred to in Article 4(2a), point (a);










 










(iii)






rules for calculating the total carbon sequestration referred to in Article 4(2a), point (b);










 










(iv)






rules for calculating the increase in direct and indirect greenhouse gas emissions referred to in Article 4(2a), point (c);


















(f)




rules to address uncertainties in the quantification of carbon removals referred to in Article 
4(8)
;














(e)




rules to address uncertainties in the quantification of carbon removals referred to in Article 
4(4)
;








 










(f)






the baseline referred to in Article 4(5), 4(5a) or 4(6), including the rules and justification for the established baseline;
















(g)


rules to carry out the specific additionality tests referred to in Article 5(2);












(g)


rules to carry out the specific additionality tests referred to in Article 5(2);














(h)


rules on monitoring and mitigation of any risk of release of the stored carbon referred to in Article 
6(2), point (a)
;












(h)


rules on monitoring and mitigation of any risk of release of the stored carbon referred to in Article 
6(2a)
;














(i)


rules on appropriate liability mechanisms referred to in Article 
6(2)
, 
point (b)
;












(i)


rules on appropriate liability mechanisms referred to in Article 
6(2c)
;








 










(ia)






rules on the validity and penalties referred to in Article 6(2d) and 6(2e);
















(j)




rules on
 the minimum sustainability requirements referred to in Article 7(2);












(j)




specification of
 the minimum sustainability requirements referred to in Article 7(2);














(k)


rules on the monitoring and reporting of co-benefits referred to in Article 7(3).












(k)


rules on the monitoring and reporting of co-benefits referred to in Article 7(3).









Amendment 146


Proposal for a regulation


Annex II







 





Text proposed by the Commission




Amendment





Minimum information included in the certificate referred to in Article 9


Minimum information included in the certificate referred to in Article 9




The certificate shall include the following minimum information:


The certificate shall include the following minimum information:










(a)


name and type of the 
carbon removal
 activity, including the name and contact details of the operator or group of operators;












(a)


name and type of the activity, 
including whether the activity constitutes a carbon removal, carbon farming sequestration, carbon farming carbon, nitrogen or methane emission reduction, or carbon storage in products activity,
 including the name and contact details of the operator or group of operators;














(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;












(b)


the location of the activity, including geographically explicit location of the activity boundaries, respecting 1:5000 mapping scale requirements for the Member State;








 










(ba)






for carbon farming activities, where applicable, a unique identification of the agricultural parcel as registered in the identification system for agricultural parcels provided for in Article 68 of Regulation (EU) 2021/2116 on which carbon farming activity is taking place;
















(c)


start date and end date of the 
carbon removal
 activity;












(c)


start date and 
expected
 end date of the activity;














(d)


name of the certification scheme;












(d)


name of the certification scheme;














(e)


name and address of the certification body and logo;












(e)


name and address of the certification body and logo;














(f)


(unique) certificate number or code;












(f)


(unique) certificate number or code;














(g)


place and date of issuance of the certificate;












(g)


place and date of issuance of the certificate;














(h)


reference to the applicable certification methodology referred to in Article 8;












(h)


reference to the applicable certification methodology referred to in Article 8;








 








(i)




for carbon removal activities:
















(
i
)


net carbon removal benefit referred to in Article 4(1);














(i)




net carbon removal benefit referred to in Article 4(1);
















(j)




carbon removals under the baseline referred to in Article 4(1), point (a);














(ii)




carbon removals under the baseline referred to in Article 4(1), point (a);
















(k)




total carbon removals referred to in Article 4(1), point (b);














(iii)




total carbon removals referred to in Article 4(1), point (b);








 










(ia)






for carbon farming activities:










 










(i)






for carbon farming sequestration, net carbon farming sequestration benefit referred to in Article 4(2);










 










(ii)






for carbon farming sequestration, carbon sequestration under the baseline referred to in Article 4(2) first subparagraph, point (a);










 










(iii)






for carbon farming sequestration, total carbon sequestration referred to in Article 4(2) first subparagraph, point (b);


















(l)




increase in direct and indirect greenhouse gas emissions referred to in Article 4(1), point (c);














(iv)






for carbon farming sequestration,
 increase in direct and indirect greenhouse gas emissions referred to in Article 4(2) 
first subparagraph
, point (c);








 










(v)






for carbon farming emission reductions, net carbon farming emission reduction benefit referred to in Article 4(2) second subparagraph;










 










(vi)






for carbon farming emission reductions, carbon emissions under the baseline referred to in Article 4(2) second subparagraph, point (a);










 










(vii)






for carbon farming emission reductions, total carbon reduction referred to in Article 4(2) second subparagraph, point (b);










 










(viii)






for carbon farming emission reductions, increase in direct and indirect greenhouse gas emissions referred to in Article 4(2) second subparagraph, point (c);










 










(ix)






for carbon farming emission reductions, N2O emissions under the baseline referred to in Article 4(2) second subparagraph, point (d);










 










(x)






for carbon farming emission reductions, total N2O emission reductions referred to in Article 4(2) second subparagraph, point (e);










 










(xi)






for carbon farming emission reductions, CH4 emissions under the baseline referred to in Article 4(2) second subparagraph, point (f);










 










(xii)






for carbon farming emission reductions, total CH4 emissions referred to in Article 4(2) second subparagraph, point (g);










 










(ib)






for carbon storage in product activities:










 










(i)






net carbon product sequestration benefit referred to in Article 4(2a);










 










(ii)






carbon sequestration under the baseline referred to in Article 4(2a), point (a);










 










(iii)






total carbon sequestration referred to in Article 4(2a), point (b);










 










(iv)






increase in direct and indirect greenhouse gas emissions referred to in Article 4(2a), point (c);
















(m)


breakdown by gases, sources, carbon sinks and stocks with regard to the information referred to in points (j), (k) and (l) of this Annex;












(m)


breakdown by gases, sources, carbon sinks and stocks with regard to the information referred to in points (
i
), (
ia
) and (
ib
) of this Annex;














(n)


duration of the monitoring period of the 
carbon removal
 activity;












(n)




storage medium, expected
 duration of the 
results and duration of
 the monitoring period of the activity 
in accordance with Article 6(2a);










 










(na)






detailed liability mechanism and liable legal or natural person in accordance with Article 6(2b)
;








 










(nb)






in case of reversal, the amount of total carbon released in the atmosphere from geological or biogenic carbon pools;
















(o)




any
 sustainability 
co-benefits
 referred to in Article 
7(3)
;












(o)




for a carbon removal activity, evidence that the activity meets the
 sustainability 
objectives
 referred to in 
Article 7(1) or that the activity generates co-benefits
;








 










(oa)






for a carbon farming activity, evidence that the activity meets the sustainability objectives referred to in Article 7(1a) and that the activity also generates positive co-benefits in relation to the objective in point (f);










 










(ob)






for a carbon storage in product activity, evidence that the activity meets the sustainability objectives referred to in Article 7(1b) and that the activity also generates positive co-benefits in relation to at least one of those objectives;










 










(oc)






quantity of units certified by the certificate in accordance with Article 9;
















(p)


reference to any other carbon removal certification.












(p)


reference to any other carbon removal 
or carbon farming or carbon storage in product
 certification.









Amendment 147


Proposal for a regulation


Annex II a (new)







 





Text proposed by the Commission




Amendment





 




ANNEX IIa






 




Minimum information to be included in the Union registry referred to in Article 12






 




For each certified activity, the Union registry referred to in Article 12 shall include at least the following minimum information:






 










(a)






name and type of the activity, including whether the activity constitutes a carbon removal activity, a carbon farming sequestration activity, a carbon farming emissions reduction activity for carbon, nitrogen or methane, or a carbon storage in products activity, the name and contact details of the operator or group of operators;










 










(b)






effective start date and expected end date of the activity;










 










(c)






name of the certification scheme;










 










(d)






the Member State where the activity takes place;










 










(e)






the certification methodology for each activity, in accordance with Article 8;










 










(f)






the expected net benefit;










 










(g)






the current status of the certificate (active, withdrawn, expired);










 










(h)






where applicable, the natural or legal holder of a certified unit, the purpose for which that certified unit is held and the price paid to the operator;










 










(i)






for each activity, a link to the certification audit report and, where applicable, updated audit report, in accordance with Article 9;










 




The Union registry referred to in Article 12 shall also include a list of all recognised certification schemes, their rules and procedures in accordance with Article 11(2), their annual activity reports in accordance with Article 14, the list of their appointed certification bodies, stating for each certification body by which entity or national public authority it was recognised and which entity or national public authority is monitoring it, in accordance with Article 11(4).








(1)  The matter was referred back for interinstitutional negotiations to the committee responsible, pursuant to Rule 59(4), fourth subparagraph (A9-0329/2023).

(22)  Approved by Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).

(22)  Approved by Council Decision (EU) 2016/1841 of 5 October 2016 on the conclusion, on behalf of the European Union, of the Paris Agreement adopted under the United Framework Convention on Climate Change (OJ L 282, 19.10.2016, p. 1).

(23)  
            
IPCC Working Group III (2022). Technical Summary. In: Clmiate Change 2022: Mitigation of CLlmate Change. Sixth Assessment Report (link)



(23)  
            
IPCC (2023). Sixth Assessment Report (AR 6 Synthesis Report).



(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).

(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).

(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).

(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).

(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).

(1a)  
            
Regulation (EU) 2021/2116 of the European Parliament and of the Council of 2 December 2021 on the financing, management and monitoring of the common agricultural policy and repealing Regulation (EU) No 1306/2013 (OJ L 435, 6.12.2021, p. 187).



(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).

(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).

(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).

(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).

(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).

(30)  
            
Communication from the Commission, Sustainable Carbon Cycles, COM (2021) 800.



(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).

(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).

(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).

(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).

(1a)  
            
Regulation (EC) No 401/2009 of the European Parliament and of the Council of 23 April 2009 on the European Environment Agency and the European Environment Information and Observation Network (OJ L 126, 21.5.2009, p. 13).



(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).

(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).


ELI: http://data.europa.eu/eli/C/2024/4235/oj
ISSN 1977-091X (electronic edition)