Changes from report parliamentary committee draft to plenary report

AddedArticle 11 – paragraph 4: 4. Certification schemes shall publish, at least annually, a list of the appointed certification bodies in the Union registry referred to in Article 12, stating for each certification body by which entity or national or, where applicable, regional public authority it was recognised and which entity or national or, where applicable, regional public authority is monitoring it.

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.

Article 12 – title: Union registry

Change 23

ChangedArticle 12 – paragraph 1: 1. The Commission shall establish and duly maintain a public registry (‘Union registry’) to make publicly accessibleavailable the information related to the certification process in an accessible way, containing, as a minimum, the information set out in Annex 2a , including the certificates and updated certificates and the information included therein, and the quantity of carbon removal units certified in accordance with Article 9.IIa. The Union registry shall use automated systems, including electronic templates. Certification schemes shall require the/ relevantA operatorcertification toscheme entershall intosubmit theall Unionrelevant registrydata alland informationreporting that isare required to be included in the Union registry in accordance with Annex IIa and that isare necessary to verify compliance with the requirements laid down in this Regulation.

Change 24

RemovedA Union registry will avoid concerns on interoperability and facilitate the monitoring, verification and comparability of the information contained. The Regulation should furthermore provide clear guidance in a new Annex on the minimum information to be included in the registry.

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

RemovedArticle 12 – paragraph 2: 2. The Commission may adopt implementing acts setting out the structure, format, and technical details of the Union registry, the information to be provided to the Union registry and the procedure for providing such information and the technical details 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.

AddedArticle 12 – paragraph 2 a (new): 2a. The Commission shall ensure that certification schemes report the average share of the revenues related to the sale of certified units for each activity which it passed on to the operator. The Commission shall assess the submitted reports and annually report its findings to the European Parliament and to the Council.

RemovedAnnex 1 – paragraph 1 – point j: (j) rules on the minimum sustainability requirements referred to in Article 7(2) 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 the sustainability criteria for forest and agricultural biomass raw material laid down in Article 29 of Directive (EU) 2018/2001;

AddedArticle 13 – paragraph 1: 1. Only a certification scheme recognised by the Commission by means of a decision may be used by operators or group of operators to demonstrate compliance with this Regulation. Such decision shall be valid for a period of no more than 5 years and shall be made public in the Union registry referred to in Article 12. The Commission shall inform the certification scheme about its decision for recognition no later than one month after the notification was provided.

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…