Changes from report parliamentary committee draft to plenary report

RemovedRecital 26: (26) By...[ insert the date five years after the date of entry into force of this Regulation], the Commission should establish and maintain a public Union registry 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. A certification scheme should provide to the Commission all information required to be stored and made publicly available in electronic form in the Union registry. Such information includes the documents resulting from the certification process of carbon removals, including certification audits and re-certification audit reports, the certificates and updated certificates and the information included therein, the current status of a certified carbon removal unit, for example whether active, retired/in use, or expired, log of transactions and, if applicable, the current holder and purpose for which a certified carbon removal unit is held and the certified carbon removal units that meet the Union quality criteria. The information should also be accessible in disaggregated form at the level of each carbon remov…

AddedRecital 20 a (new): (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.

RemovedA Union registry will ensure more transparency and comparability than separate registries, but will require some time to set up. In the interim period, certification schemes should be allowed to use their own registries.

AddedRecital 20 b (new): (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.

RemovedRecital 27: (27) Certification schemes play an important role in providing evidence of compliance with the quality criteria for carbon removals. It is therefore appropriate for the Commission to require certification schemes to report regularly on their activity. Such reports should be made public, in full or where appropriate in an aggregated format, in order to increase transparency, trust and traceability, 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.

AddedRecital 20 c (new): (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.

RemovedArticle 1 – paragraph 1 – introductory part: 1. The objective of this Regulation is to facilitate the deployment of carbon removals by operators or groups of operators while ensuring that those removals do not undermine the greenhouse gas emission reductions required pursuant to Article 4(1) of Regulation (EU) 2021/1119. To that end, this Regulation establishes a voluntary Union framework for the certification of carbon removals by laying down:

AddedRecital 21: (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 Council31, 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 a…

RemovedCarbon removal needs significant upscaling in order to achieve the 2050 climate neutrality objective, but should not substitute the significant GHG emission reductions required pursuant to the European Climate Law.

AddedRecital 22: (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 Council32 . 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.

RemovedArticle 1 – paragraph 1 – point a: (a) quality criteria for carbon removal activities that take place in the Union and for carbon removal activities that take place in the Union with geological storage in the Union or in third countries that have the same legal requirements as referred to in Directive 2009/31/EC;

AddedRecital 23: (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.

RemovedGeological storage possibilities are well explored in countries such as Norway and Iceland. Therefore, carbon captured (removed) in the Union, but geologically stored in a third country under the same legal requirements should also be certifiable.

AddedRecital 24: (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.

RemovedArticle 1 – paragraph 1 – point b a (new): (ba) rules on the monitoring, validity and expiry, and liability for carbon removals;

AddedRecital 26: (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 …

RemovedArticle 1 – paragraph 1 – point b b (new): (bb) general criteria on the issuance and use of certified carbon removal units;

AddedRecital 27: (27) Certification schemes play an important role in providing evidence of compliance with the quality criteria for carbon removals. It is therefore appropriate for the Commission to require certification schemes to report regularly on their activity. Such reports should be made public, in full or, where 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.

RemovedArticle 2 – paragraph 1 – point a: (a) ‘carbon removal’ means human activities capturing CO2 from the atmosphere and durably storing it in geological reservoirs, terrestrial and marine ecosystems, or in products;

AddedRecital 28: (28) To enable operators to apply the quality criteria set out in this Regulation in a standardised and cost-effective way, while taking into account the specific characteristics of different 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.

RemovedThe definition of carbon removal has to be consistent with international and scientific standards to ensure compatibility. The IPCC defines carbon removal as "Human activities capturing CO2 from the atmosphere and storing it durably in geological, land or ocean reservoirs, or in products."

AddedRecital 30: (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.

RemovedArticle 2 – paragraph 1 – point b: (b) ‘carbon removal activity’ means one or more practices or processes carried out by an operator resulting in permanent carbon storage, or in carbon storage in products, or the activity of carbon farming;

AddedRecital 31: (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,

RemovedThe Commission proposal creates confusion between the definitions of ‘carbon storage in products’ and ‘carbon farming’ further down, and this definition of ‘carbon removal activity’ which duplicates and differentiates how those types of activities are described. The amendment streamlines and aligns with the detailed definitions further down.

AddedArticle 1 – paragraph 1 – introductory part: 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:

RemovedArticle 2 – paragraph 1 – point g: (g) ‘permanent carbon storage’ means a carbon removal activity that captures and, under normal circumstances and using appropriate management practices, physically stores atmospheric or biogenic carbon for several centuries for example through geological storage and carbon mineralisation, including bioenergy with carbon capture and storage and direct air carbon capture and storage;

AddedArticle 1 – paragraph 1 – point a: (a) quality criteria for activities that take place in the Union;

RemovedPermanent carbon storage may consist of various types of removal (capture) and various types of storage. Carbon that is physically stored and isolated from the active carbon cycle, with reversal risk low enough such that it is expected to persist for multiple centuries, is considered to fall under the category of permanent carbon storage.

AddedArticle 1 – paragraph 1 – point b: (b) rules for the verification and certification of activities;

RemovedArticle 2 – paragraph 1 – point h: (h) ‘carbon farming’ means a carbon removal activity related to land or coastal management that results in the increase of carbon storage in living biomass, dead organic matter and soils by enhancing carbon capture and that can also reduce carbon release, for example in the case of peatland rewetting;

AddedArticle 1 – paragraph 1 – point c a (new): (ca) rules on the issuance and use of certified units;

RemovedSome carbon farming processes gradually reduce and halt carbon release and subsequently result in carbon removal, for example in the case of peatland rewetting. All stages are an integral part of this process. In addition, coastal management has been added in line with p. 60 of the impact assessment, corresponding recitals and the new LULUCF Regulation (EU) 2023/839.

AddedArticle 1 – paragraph 2: 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.

RemovedArticle 2 – paragraph 1 – point i: (i) ‘carbon storage in products’ means a carbon removal activity that either permanently chemically binds atmospheric and biogenic carbon in products or materials, or that ensures long-term storage of atmospheric and biogenic carbon in long-lasting products or materials for at least several decades in a manner consistent with 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, in particular harvested wood products;

AddedArticle 1 – paragraph 2 a (new): 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.

RemovedThe amendment ensures regulatory consistency with the revised ETS Directive on the one hand, and with the revised LULUCF Regulation (EU) 2023/839 and IPCC Guidelines in terms of wood products used in construction on the other hand.

AddedArticle 2 – paragraph 1 – point a: (a) ‘carbon removal’ means the permanent storage of atmospheric or biogenic carbon for several centuries, which is not combined with Enhanced Hydrocarbon Recovery

RemovedArticle 2 – paragraph 1 – point i a (new): (ia) ‘geological storage of CO2’ means geological storage as defined in Article 3(1) of Directive 2009/31/EC;

AddedArticle 2 – paragraph 1 – point a a (new): (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;

RemovedArticle 2 – paragraph 1 – point i b (new): (ib) ‘permanently chemically bound in a product’ means a form of storage of carbon that prevents the carbon from entering the atmosphere under normal use, including any normal activity taking place after the end of the life of the product, in accordance with Article 12(3b) of Directive 2003/87/EC;

AddedArticle 2 – paragraph 1 – point b: deleted

RemovedArticle 2 – paragraph 1 – point o a (new): (oa) ‘reversal’ means any release of the carbon removed, stored and certified occurring during the monitoring period; in the event that the monitoring is discontinued before the end of the monitoring period, the carbon shall also be considered to have been reversed.

AddedArticle 2 – paragraph 1 – point c: (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;

RemovedArticle 3 – paragraph 1 – introductory part: Carbon removals shall be eligible for certification under this Regulation where they meet all of the following conditions:

AddedArticle 2 – paragraph 1 – point d: (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;

RemovedArticle 3 – paragraph 1 – point b a (new): (ba) the minimum information on the carbon removals to be included in the Union registry referred to in Article 12 has been provided by the certification scheme to the Commission in accordance with Annex 2a.

AddedArticle 2 – paragraph 1 – point e: (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;

RemovedA Union registry should be established to ensure full, transparent and comparable information on certified carbon removal units. Certification schemes should provide the minimum information to be included in this registry to the Commission.

AddedArticle 2 – paragraph 1 – point f: (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;

RemovedArticle 4 – paragraph 1 – subparagraph 2 – point c: (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 already covered under CRtotal pursuant to Regulation (EU) 2018/841 as amended by Regulation 2023/839, which are due to the implementation of the carbon removal activity.

AddedArticle 2 – paragraph 1 – point g: (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;

RemovedClarification: LULUCF emissions are covered under the ‘CRtotal’ variable. For example: soil emissions due to soil disturbance in the first years of an afforestation project are LULUCF emissions in the scope of carbon farming. This explains why increases in LULUCF emissions are not included under the ‘GHGincrease’ variable.

AddedArticle 2 – paragraph 1 – point h: (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;

RemovedArticle 4 – paragraph 4: 4. Carbon removals 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 in a manner that is conservative, proportionate to the level of uncertainty.

AddedArticle 2 – paragraph 1 – point h a (new): (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;

RemovedAny uncertainties in carbon removals should be determined in a conservative manner proportionate to the uncertainties, in order to limit the risk of overestimating the quantity of carbon dioxide removed from the atmosphere. All major carbon crediting programmes apply these principles.

AddedArticle 2 – paragraph 1 – point i: (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;

RemovedArticle 4 – paragraph 5: 5. The baseline shall correspond to the highly representative standard carbon removal performance of comparable activities in similar social, economic, environmental and technological circumstances and take into account the geographical context.

AddedArticle 2 – paragraph 1 – point i a (new): (ia) ‘geological storage of CO2’ means geological storage of CO2 as defined in Article 3(1) of Directive 2009/31/EC;

RemovedThe EU baselines set out in the certification methodologies should be much more precise and representative of regional and local conditions compared to the usual national standardised baselines.

AddedArticle 2 – paragraph 1 – point n: (n) ‘certificate’ means a conformity statement issued by the certification body certifying that the activity complies with this Regulation;

RemovedArticle 4 – paragraph 6: 6. By way of derogation from paragraph 5, where duly justified in the applicable certification methodology, the baseline may be based on the individual carbon removal performance of that activity.

AddedArticle 2 – paragraph 1 – point o: (o) ‘carbon removal unit’ means one tonne of certified net carbon removal benefit generated by carbon removals and registered by a certification scheme.

RemovedWhen a standardised baseline has not been set up in the certification methodology (e.g. due to the lack of data), that same methodology should define the rules for setting up activity/project specific baselines.

AddedArticle 2 – paragraph 1 – point o a (new): (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;

RemovedArticle 4 – paragraph 7: 7. The baseline shall be regularly reviewed and updated by the Commission at least every ten years.

AddedArticle 2 – paragraph 1 – point o b (new): (ob) ‘carbon farming sequestration unit’ means one tonne of certified net carbon farming sequestration benefit generated by carbon farming sequestration;

RemovedThe standardised baselines will be set out in the delegated acts establishing tailored certification methodologies, but should be regularly reviewed to reflect developments. On the other hand, a period less than 10 years may not be appropriate for several activities, e.g. DACCS or forestry activities.

AddedArticle 2 – paragraph 1 – point o c (new): (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;

RemovedArticle 5 – paragraph 1 – introductory part: 1. A carbon removal activity shall be additional. To that end, the carbon removal activity shall meet the following criterion:

AddedArticle 2 – paragraph 1 – point o d (new): (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’;

RemovedArticle 5 – paragraph 1 – point a: (a) it goes beyond Union and national statutory requirements at the level of the individual operator.

AddedArticle 3 – paragraph 1 – introductory part: 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:

RemovedIn accordance with recital 11 of the Commission proposal, regulatory additionality concerns any activities already imposed upon the operators by the applicable law, not Member State targets or requirements which are outside of the control of the individual operator and do not apply directly to the individual operator.

AddedArticle 3 – paragraph 1 – point a: (a) they comply with the quality criteria set out in Articles 4 to 7;

RemovedArticle 5 – paragraph 1 – point b: deleted

AddedArticle 3 – paragraph 1 – point a a (new): (aa) they comply with the rules on use of units set out in Article 3a;

RemovedIt is unclear how the incentive effect of certification can be demonstrated before the certification has been applied. Moreover, all major pilot projects are partially incentivised through e.g. the Innovation Fund and it is unclear how to distinguish between the incentive effect of this support and the incentive effect of certification.

AddedArticle 3 a (new): 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 …

RemovedArticle 5 – paragraph 2: 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 shall be demonstrated through specific tests.

AddedArticle 4 – paragraph 1 – subparagraph 1: Net carbon removal benefit = CRbaseline – CRtotal – GHGassociated > 0

RemovedArticle 6 – title: Storage, monitoring, validity and expiry, and liability

AddedArticle 4 – paragraph 1 – subparagraph 2 – point c: (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, 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.

RemovedArticle 6 – paragraph 1: 1. An operator or group of operators shall demonstrate that a carbon removal activity ensures that carbon is permanently stored or is stored temporarily but on a long-term basis.

AddedArticle 4 – paragraph 2: 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…

RemovedThe verb “aim” indicates that the legislator does not establish a legal obligation and should therefore be deleted. Demonstrating permanent or long-term storage is a key component to ensure trust and transparency.

AddedArticle 4 – paragraph 2a: 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.

RemovedArticle 6 – paragraph 2 – introductory part: 2. For the purposes of paragraph 1, an operator or group of operators shall comply with the minimum requirements on monitoring, expiry and liability for carbon removals set out in paragraphs 2a to 2c:

AddedArticle 4 – paragraph 3: 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.

RemovedPermanent and temporary carbon storage can both contribute to climate policy, but under different conditions and requirements to avoid overaccounting of removals. The requirements on monitoring, rules on expiry and liability therefore need to be much stricter in case of non-permanent carbon storage.

AddedArticle 4 – paragraph 4: 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.

RemovedArticle 6 – paragraph 2 – point a: deleted

AddedArticle 4 – paragraph 5: 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.

RemovedArticle 6 – paragraph 2 – point b: deleted

AddedArticle 4 – paragraph 5 a: 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.

RemovedReplaced by following amendments.

AddedArticle 4 – paragraph 6: 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.

RemovedArticle 6 – paragraph 2 a (new): 2a. An operator or group of operators shall monitor and mitigate any risk of release of the stored carbon occurring during the monitoring period, which shall be set as follows: / (a) for permanent carbon storage, the monitoring period shall be consistent with the monitoring as set out in Articles 13 and 18 of Directive 2009/31/EC; / (b) for carbon permanently chemically bound in products, the monitoring period shall be consistent with the delegated act concerning the requirements for considering that greenhouse gases have become permanently chemically bound adopted in accordance with Article 12(3b) of Directive 2003/87/EC; / (c) for carbon storage in long-lasting products, the monitoring period shall cover the entire lifetime of the product until and including the end of life of the product; / (d) for carbon farming, the monitoring period shall cover the entire duration of the activity until and including the end of the activity;

AddedArticle 4 – paragraph 7: 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.

RemovedCarbon stored through carbon farming and storage in long-lasting products is more likely to be released back into the atmosphere at some point in time and should therefore be monitored and traced during the entire storage lifetime or activity (e.g. until and including disposal of a harvested wood product used in construction).

AddedArticle 4 – paragraph 8: deleted

RemovedArticle 6 – paragraph 2 b (new): 2b. Unless an operator or group of operators demonstrates that the carbon storage is ongoing through continuous monitoring activities, the validity of the underlying carbon removal units shall expire: / (a) for permanent carbon storage and carbon permanently chemically bound in products, in case of reversal; / (b) for carbon storage in long-lasting products and carbon farming, in case of reversal or at the end of the monitoring period, at which point the carbon stored by a carbon removal activity shall be considered released to the atmosphere.

AddedArticle 4 – paragraph 9: 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.

RemovedCertificates related to carbon farming activities and long-term carbon storage in long-lasting products should only be valid as long as there is effective storage. In case of uncertainty or the end of storage, they should expire and result in invalidation, compensation or renewal of their use (see new article 7a).

AddedArticle 5 – paragraph 1 – introductory part: 1. Each activity shall be additional. To that end, the activity shall meet both of the following criteria:

RemovedArticle 6 – paragraph 2 c (new): 2c. An operator or group of operators shall be subject to appropriate liability mechanisms and appoint a liable party to be responsible for addressing any reversal from the carbon removal activity at any time: / (a) for permanent carbon storage, the liability mechanism shall be consistent with the mechanism referred to in Directive 2009/31/EC; / (b) for carbon permanently chemically bound in products, the liability mechanism shall be consistent with the delegated act concerning the requirements for considering that greenhouse gases have become permanently chemically bound adopted in accordance with Article 12(3b) of Directive 2003/87/EC; / (c) for carbon storage in long-lasting products and carbon farming and, the liability mechanism shall be one or more of the following options, as duly justified in the applicable certification methodology: up-front insurance, collective buffers or accounts of carbon removal units, or discounting of carbon removal units.

AddedArticle 5 – paragraph 1 – point a: (a) it goes beyond Union and national statutory requirements at the level of the individual operator;

RemovedIn case of expiration, there should always be a liability mechanism, including a liable party, to remediate intentional or unintentional reversals.

AddedArticle 5 – paragraph 1 – point b: (b) the incentive effect of the certification is needed for the activity to become financially attractive.

RemovedArticle 6 – paragraph 3: deleted

AddedArticle 5 – paragraph 2: (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.

RemovedMoved to the new paragraphs 2a to 2c above.

AddedArticle 6 – title: Storage duration, monitoring and liability requirements

RemovedArticle 7 – paragraph 2: 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. Those minimum sustainability requirements shall, as appropriate, and taking into consideration local conditions, build on 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 on the sustainability criteria for forest and agriculture biomass raw material laid down in Article 29 of Directive (EU) 2018/2001.

AddedArticle 6 – paragraph 2 a (new): 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.

RemovedSustainability requirements should be consistent with the relevant technical screening criteria and sustainability criteria in RED.

AddedArticle 6 – paragraph 2 b (new): 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.

RemovedArticle 7 – paragraph 3 a (new): 3a. Certificates shall clearly indicate whether the carbon removal activity has a neutral impact on or generates positive co-benefits for each of the sustainability objectives.

AddedArticle 6 – paragraph 2 c (new): 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.

RemovedActivities with positive co-benefits are expected to generate a higher value. To facilitate this, the certificates and the Union registry should clearly distinguish between activities with positive versus neutral impacts.

AddedArticle 6 – paragraph 2 d (new): 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.

RemovedArticle 8 – paragraph 2: 2. The Commission, after consulting the Expert Group on Carbon Removals, shall 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.

AddedArticle 6 – paragraph 2 e (new): 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.

RemovedArticle 8 – paragraph 2 – subparagraph 1 a (new): The Commission shall prioritise the development of technical certification methodologies for types of activities that are the most mature, have the largest potential for carbon storage and, in the case of carbon farming activities, that have the largest potential to provide positive co-benefits for biodiversity.

AddedArticle 6 – paragraph 3: 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.

RemovedArticle 8 – paragraph 2 – subparagraph 1 b (new): The technical certification methodologies for activities related to carbon permanently chemically bound in products or materials shall be consistent with the delegated act to be adopted in accordance with Article 12(3b), second subparagraph, of Directive 2003/87/EC.

AddedArticle 7 – paragraph 1: 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 benefit referred to in Article 4(1); / (aa) the avoidance of the risk of carbon leakage in third countries; / (d) transition to a circular economy, including the efficient use of sustainably sourced bio-based materials;

RemovedArticle 8 – paragraph 2 – subparagraph 1 c (new): The technical certification methodologies for activities related to carbon storage in long-lasting products or materials shall be consistent with the Commission report on the possible benefits and trade-offs of the inclusion of sustainably sourced long-lived carbon storage products that have a net-positive carbon sequestration effect in accordance with Article 17(3) of Regulation (EU) 2018/841.

AddedArticle 7 – paragraph 1a (new): 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.

RemovedNot all methodologies can be presented at the same time or in the short term. The Commission should prioritise the methodologies for the most mature and promising activities. Methodologies for carbon storage in products should await the relevant delegated acts and assessments in ETS and LULUCF to ensure consistency.

AddedArticle 7 – paragraph 1b (new): 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.

AddedArticle 7 – paragraph 1 c (new): 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.

AddedArticle 7 – paragraph 2: 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.

AddedArticle 7 – paragraph 3: 3. Where an operator or group of operators report co-benefits that contribute to the sustainability objectives referred to in paragraph 1,1a 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 objectives 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.

AddedArticle 8 – paragraph 2: 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.

AddedArticle 8 – paragraph 2 a (new): 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.

AddedArticle 8 – paragraph 2 b (new): 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.

AddedArticle 8 – paragraph 3 – point a: (a) the objectives of ensuring the robustness of the activities and recognising the protection and restoration of ecosystems;

AddedArticle 8 – paragraph 3 – point a a (new): (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;

AddedArticle 8 – paragraph 3 – point a b (new): (ab) the outcome of the public consultation and the advice of the Platform;

AddedArticle 8 – paragraph 3 – point a c (new): (ac) existing standards and best practices in the certification methodologies, where they comply with the requirements and criteria set out in this Regulation;

AddedArticle 8 – paragraph 3 – point b: (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;

AddedArticle 8 – paragraph 3 – point b a (new): (ba) the certification methodologies shall be easy to use and established in a manner that facilitates the verification of their compliance;

RemovedArticle 9 – paragraph 4: 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 required data and documentation.

RemovedArticle 11 – paragraph 4: 4. The Commission 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 public authority it was recognised and which entity or national public authority is monitoring it. The certification schemes shall provide the list of the appointed certification bodies to the Commission.

AddedArticle 11 – paragraph 5: 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.

RemovedIn order to ensure trust, transparency and traceability of certified activities and certified carbon units, it is important to ensure transparency on the appointed certification bodies.

RemovedSustainability requirements should be consistent with the relevant technical screening criteria and sustainability criteria in RED.

AddedArticle 13 – paragraph 2: 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.

RemovedAnnex 2 – paragraph 1 – point n: (n) storage medium, expected storage duration and corresponding duration of the monitoring period of the carbon removal activity, and concerning the liability mechanism in accordance with Article 6;

AddedArticle 13 – paragraph 3: 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.

RemovedAnnex 2 – paragraph 1 – point n a (new): (na) quantity of carbon removal units certified by the certificate in accordance with Article 9;

AddedArticle 13 – paragraph 4: 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.

RemovedAnnex 2 – paragraph 1 – point o: (o) whether the carbon removal activity generates co-benefits for any of the sustainability objectives referred to in Article 7;

AddedArticle 14 – paragraph 2: 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.

RemovedAnnex 2 a (new): ANNEX 2a / Minimum information to be included in the Union registry referred to in Article 12 / The Union registry shall include the following minimum information: / (a) the certification methodology for each carbon removal activity, in accordance with Article 8; / (b) information on the certificates and updated certificates, including disaggregated for each carbon removal unit, in accordance with Article 9; / (c) the current status of the carbon removal unit (active, retired/in use, expired), log of transactions of the unit and, if applicable, the current holder and purpose for which a unit is held; / (d) the certification audit report and, where applicable, updated audit report, in accordance with Article 9; / (e) the list of certification bodies accredited in accordance with Article 10(1), the applicable certification body for a certificate, and any notification of non-conformity of a certification body, in accordance with Article 10(4); / (f) the rules and procedures of certification schemes, in accordance with Article 11(2); / (g) the annual report about the operations of certification schemes, in accordance with Article 14;

AddedArticle 14 – paragraph 3: 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.

AddedArticle 14 a (new): 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).

AddedArticle 15 – paragraph 1: 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.

AddedArticle 16 – paragraph 2: 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].

AddedArticle 16 – paragraph 3: 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.

AddedArticle 16 – paragraph 4: 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.

AddedArticle 16 – paragraph 5: 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.

AddedArticle 18 – paragraph 2 – subparagraph 1 a (new): As part of the report in paragraph 2, 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.

AddedArticle 18 – paragraph 2 a (new): 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.

AddedArticle 18 – paragraph 2 b (new): 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.

AddedAnnex I: (-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) detailed description of the activity covered, including the projected durability of its results and its monitoring period; / (b) for carbon removal activities: / (i) rules for identifying all carbon removal sinks and GHG emission sources referred to in Article 4(1); / (ii) rules for calculating the carbon removals under the baseline referred to in Article 4(1), point (a); / (iii) rules for calculating the total carbon removals referred to in Article 4(1), point (b); / (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) …

AddedAnnex II: (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 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 expected end date of the activity; / (i) for carbon removal activities: / (ii) carbon removals under the baseline referred to in Article 4(1), point (a); / (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); / (iv) for carbon farming sequestration, increase in direct and indirect gr…

AddedAnnex II a (new): 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 minimuminformation: / (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 bodie…