Commission Proposal for an EU Carbon Removal Certification Framework - Is the proposed delegation of power in line with Article 290 of the Treaty on the Functioning of the EU?

In November 2022, the European Commission put forward a proposal for a regulation for a Carbon Removal Certification Framework (CRCF).This proposal includes various provisions that would empower the Commission to adopt delegated acts. Delegated acts are intended to specify a number of provisions of the regulation.

This report examines whether the proposed provisions on delegation are in line with Article 290 of the Treaty on the Functioning of the EU (TFEU). In this regard, the analysis focusses on the question what elements of the proposal can be referred to as “essential elements” and hence must not be regulated in delegated acts.