Legal provisions of COM(2022)672 - Union certification framework for carbon removals - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2022)672 - Union certification framework for carbon removals. |
|---|---|
| document | COM(2022)672  |
| date | November 30, 2022 |
Chapter 1
GENERAL PROVISIONS
Contents
- Article 1 - Subject matter and scope
- Article 2 - Definitions
- Article 3 - Eligibility for certification
- Article 4 - Quantification
- Article 5 - Additionality
- Article 6 - Long-term storage
- Article 7 - Sustainability
- Article 8 - Certification methodologies
- Article 9 - Certification of compliance
- Article 10 - Certification bodies
- Article 11 - Operation of certification schemes
- Article 12 - Registries
- Article 13 - Recognition of certification schemes
- Article 14 - Reporting requirements
- Article 15 - Amendment to Annex II
- Article 16 - Exercise of delegation
- Article 17 - Committee procedure
- Article 18 - Review
- Article 19 - Entry into force
Article 1 - Subject matter and scope
(a)quality criteria for carbon removal activities that take place in the Union;
(b)rules for the verification and certification of carbon removals;
(c)rules for the functioning and recognition by the Commission of certification schemes.
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.
Article 2 - Definitions
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(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;
(i)‘carbon storage in products’ means a carbon removal activity that stores atmospheric and biogenic carbon in long-lasting products or materials;
(j)‘certification body’ means an independent, accredited or recognised conformity assessment body that has concluded an agreement with a certification scheme to carry out certification audits and issue certificates;
(k)‘certification scheme’ means a scheme managed by a private or public organisation that oversees the certification of compliance of operators or group of operators with this Regulation;
(l)‘certification audit’ means an audit carried out by a certification body;
(m)‘re-certification audit’ means an audit carried out in the process of renewing a certificate issued by a certification body;
(n)‘certificate’ means a conformity statement issued by the certification body certifying that the carbon removal activity complies with this Regulation;
(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.
Article 3 - Eligibility for certification
(a)they are generated from a carbon removal activity that complies with the quality criteria set out in Articles 4 to 7;
(b)they are independently verified in accordance with Article 9.
Chapter 2
QUALITY CRITERIA
Article 4 - Quantification
Net carbon removal benefit = CRbaseline – CRtotal – GHGincrease > 0
where:
(a)CRbaseline is the carbon removals under the baseline;
(b)CRtotal is the total carbon removals of the carbon removal activity;
(c)GHGincrease is the increase in direct and indirect greenhouse gas emissions, other than those from biogenic carbon pools in the case of carbon farming, which are due to the implementation of the carbon removal activity.
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.
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.
4. Carbon removals shall be quantified in a relevant, accurate, complete, consistent, comparable and transparent manner.
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.
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.
7. The baseline shall be periodically updated.
8. The quantification of the carbon removals shall account for uncertainties in accordance with recognised statistical approaches.
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.
Article 5 - Additionality
(a) it goes beyond Union and national statutory requirements;
(b) it takes place due to the incentive effect of the certification.
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.
Article 6 - Long-term storage
2. For the purposes of paragraph 1, an operator or group of operators shall comply with both of the following criteria:
(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.
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.
Article 7 - Sustainability
(a)climate change mitigation beyond the net carbon removal benefit referred to in Article 4(1);
(b)climate change adaptation;
(c)sustainable use and protection of water and marine resources;
(d)transition to a circular economy;
(e)pollution prevention and control;
(f)protection and restoration of biodiversity and ecosystems.
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.
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).
Article 8 - Certification methodologies
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.
3. When preparing those delegated acts, the Commission shall take into account the following elements:
(a)the objectives of ensuring the robustness of carbon removals and recognising the protection and restoration of ecosystems;
(b)the objective of minimising administrative burden for operators, particularly for small-scale carbon farming operators;
(c)relevant Union and national law;
(d)relevant Union and international certification methodologies and standards.
Chapter 3
CERTIFICATION
Article 9 - Certification of compliance
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.
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.
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.
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.
Article 10 - Certification bodies
2. Certification bodies shall be:
(a)competent to carry out the certification and re-certification audits referred to in Article 9;
(b)independent from the operators or from a group of operators, and carry out the activities required under this Regulation in the public interest.
3. For the purpose of paragraph 2, point (b), certification bodies or any part thereof shall not:
(a)be an operator or a group of operators, the owner of an operator or of a group of operators, or be owned by them;
(b)have relations with operators or with a group of operators, that could affect their independence and impartiality.
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.
Chapter 4
CERTIFICATION SCHEMES
Article 11 - Operation of certification schemes
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.
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.
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.
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.
Article 12 - Registries
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.
Article 13 - Recognition of certification schemes
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.
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.
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.
Article 14 - Reporting requirements
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.
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.
Chapter 5
FINAL PROVISIONS
Article 15 - Amendment to Annex II
Article 16 - Exercise of delegation
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].
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.
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.
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.
Article 17 - Committee procedure
2. Where reference is made to this Article, Article 5 of Regulation (EU) No 182/2011 shall apply.
Article 18 - Review
2. Three years after the entry into force of this Regulation and not later than by the end of 2028, and subsequently within six months after the outcome of each global stocktake agreed under Article 14 of the Paris Agreement, the Commission shall report to the European Parliament and to the Council on the implementation of this Regulation.
Article 19 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.