(Under forberedelse) Delegert5 kommisjonsforordning om endring av vedlegg IV til europaparlaments- og rådsforordning (EU) 2018/841 med hensyn til referansenivåer for skog som skal benyttes av medlemsstatene for perioden 2021-2025
(In preparation) Commission Delegated Regulation amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025
Kommisjonsforordning under forberedelse lagt ut på høring av Kommisjonen 17.8.2020
BAKGRUNN (fra kommisjonsutkastet, engelsk utgave)
CONTEXT OF THE DELEGATED ACT
Regulation (EU) 2018/841 of the European Parliament and of the Council on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU, adopted on 30 May 2018, is a vital part of the Union’s efforts to reduce overall greenhouse gas (GHG) emissions by at least 40% by 2030. Regulation (EU) 2018/841 integrates, for the first time, the emissions and removals from forestry and other land use sectors into the Union climate policy for the period from 2021 to 2030. This means that the Member States have to ensure that accounted GHG emissions from land use, land use change and forestry are balanced by at least an equivalent accounted removal of CO₂ from the atmosphere.
Regulation (EU) 2018/841 establishes rules for the accounting of emissions and removals that occur in the land accounting categories referred to in Article 2 of Regulation (EU) 2018/841 on the Member States territories. In particular, Article 8 of Regulation (EU) 2018/841 lays down the rules for accounting of the emissions and removals for the land accounting category managed forest land. First, it establishes the rules for determining forest reference levels (FRLs), and, second, it defines the process for the inclusion of the FRLs for the periods from 2021 to 2025 and from 2026 to 2030, in Annex IV to Regulation (EU) 2018/841.
For the first accounting period (from 2021 to 2025), Article 8(3) of Regulation (EU) 2018/841 requires that the Member States determine their forest reference level (FRL) and submit it to the Commission as part of a national forestry accounting plan by 31 December 2018.
Article 8(6) of Regulation (EU) 2018/841 requires that the Commission conducts a technical assessment of national forestry accounting plans, with a view to assessing whether the proposed forest reference levels are in accordance with the principles and requirements set out in paragraphs 4 and 5 of Article 8 and in Article 5(1) of Regulation (EU) 2018/841. It also requires the Commission to consult experts appointed by the Member States, civil society and stakeholders. Moreover, according to recital 18 of Regulation (EU) 2018/841, the technical assessment should build on the good practice and experience of the expert reviews under the United Nations Framework Convention on Climate Change (UNFCCC). The Standing Forestry Committee was informed about the results of the technical assessment in its 154th meeting on 20 of September 2019.
During the negotiations of Regulation (EU) 2018/841, the Commission has undertaken, in the Statement addressed to the European Parliament on the involvement of experts, to ensure that Article 8(6) of Regulation (EU) 2018/841 is implemented properly through the establishment of the Commission expert group tasked with the technical assessment. In particular, the Commission stated that the expert group should include individuals appointed in personal capacity, acting independently and in the public interest.
In addition, Article 8 provides a clear timeline and describes other steps that the Member States and the Commission have to take before the establishment of the forest reference levels by means of delegated act(s), such as the issuing and publication of technical recommendations and revision of the proposed reference levels.
Articles 8(8) and 8(9) empower the Commission to adopt delegated act(s) amending Annex IV to Regulation (EU) 2018/841, with a view to laying down the forest reference levels to be applied by the Member States for the period from 2021 to 2025. Article 8(10) requires the Commission to adopt the delegated act(s) for the period from 2021 to 2025 by 31 October 2020.
Klima- og miljødepartementet