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Document 32021R2139

Commission Delegated Regulation (EU) 2021/2139 of 4 June 2021 supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives (Text with EEA relevance)

C/2021/2800

OJ L 442, 9.12.2021, p. 1–349 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_del/2021/2139/oj

9.12.2021   

EN

Official Journal of the European Union

L 442/1


COMMISSION DELEGATED REGULATION (EU) 2021/2139

of 4 June 2021

supplementing Regulation (EU) 2020/852 of the European Parliament and of the Council by establishing the technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (1), and in particular Articles 10(3) and 11(3) thereof,

Whereas:

(1)

Regulation (EU) 2020/852 establishes the general framework for determining whether an economic activity qualifies as environmentally sustainable for the purposes of establishing the degree to which an investment is environmentally sustainable. That Regulation applies to measures adopted by the Union or by Member States that set out requirements for financial market participants or issuers in respect of financial products or corporate bonds that are made available as environmentally sustainable, to financial market participants that make available financial products, and to undertakings that are subject to the obligation to publish a non-financial statement pursuant to Article 19a of Directive 2013/34/EU of the European Parliament and of the Council (2) or a consolidated non-financial statement pursuant to Article 29a of that Directive. Economic operators or public authorities that are not covered by Regulation (EU) 2020/852 may also apply that Regulation on a voluntary basis.

(2)

Articles 10(3) and 11(3) of Regulation (EU) 2020/852 require the Commission to adopt delegated acts establishing the technical screening criteria for determining the conditions under which a specific economic activity qualifies as contributing substantially to climate change mitigation or climate change adaptation, respectively, and to establish, for each relevant environmental objective laid down in Article 9 of that Regulation, technical screening criteria for determining whether that economic activity causes no significant harm to one or more of those environmental objectives.

(3)

Pursuant to Article 19(1), point (h), of Regulation (EU) 2020/852, the technical screening criteria are to take into account the nature and the scale of the economic activity and sector that they refer to, and whether the economic activity is a transitional economic activity as referred to in Article 10(2) of Regulation (EU) 2020/852, or an enabling activity as referred to in Article 16 of that Regulation. For the technical screening criteria to meet the requirements of Article 19 of Regulation (EU) 2020/852 in an effective and balanced way they should be set as a quantitative threshold or minimum requirement, as a relative improvement, as a set of qualitative performance requirements, as process or practice-based requirements, or as a precise description of the nature of the economic activity itself where that activity by its nature can contribute substantially to climate change mitigation.

(4)

The technical screening criteria for determining whether an economic activity contributes substantially to climate change mitigation or climate change adaptation should ensure that the economic activity makes a positive impact on the climate objective or reduces negative impact on the climate objective. Those technical screening criteria should therefore refer to thresholds or performance levels that the economic activity should achieve in order to qualify as contributing substantially to one of those climate objectives. The technical screening criteria for ‘do no significant harm’ should ensure that the economic activity has no significant negative environmental impact. Consequently, those technical screening criteria should specify the minimum requirements that the economic activity should meet in order to qualify as environmentally sustainable.

(5)

The technical screening criteria for determining whether an economic activity contributes substantially to climate change mitigation or climate change adaptation and does no significant harm to any of the environmental objectives should build, where relevant, on existing Union law, best practices, standards and methodologies, as well as on well-established standards, practices and methodologies developed by internationally reputed public entities. Where objectively there are no viable alternatives for a specific policy area, the technical screening criteria could also build on well-established standards developed by internationally reputed private bodies.

(6)

In order to ensure a level playing field, the same categories of economic activities should be subject to the same technical screening criteria for each climate objective. It is therefore necessary that the technical screening criteria, where possible, follow the classification of economic activities laid down in the NACE Revision 2 classification system of economic activities established by Regulation (EC) No 1893/2006 of the European Parliament and of the Council (3). To facilitate the identification by undertakings and financial market participants of the relevant economic activities for which technical screening criteria should be established, the specific description of an economic activity should also include the references to NACE codes that can be associated with that activity. Those references should be understood as indicative and should not prevail over the specific definition of the activity provided in its description.

(7)

The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to climate change mitigation should reflect the need to avoid producing greenhouse gas emissions, to reduce such emissions or to increase greenhouse gas removals and long-term carbon storage. It is therefore appropriate to focus first on those economic activities and sectors that have the greatest potential to achieve those aims. The choice of those economic activities and sectors should be based on their share of overall greenhouse gas emissions, and on evidence regarding their potential to contribute to avoid producing greenhouse gas emissions, to reduce such emissions or to contribute to greenhouse gas removal, or to enable such avoidance, reduction, removal or long-term storage for other activities.

(8)

The methodology to calculate life-cycle greenhouse gas emissions should be robust and widely applicable and thereby promote the comparability of greenhouse gas emissions calculations within and across sectors. It is therefore appropriate to demand the same calculation methodology across activities, where such calculation is required, while providing sufficient flexibility for entities applying Regulation (EU) 2020/852. Accordingly, the Commission Recommendation 2013/179/EU is useful for the calculation of life-cycle greenhouse gas emissions, with, as an alternative, the possibility to use ISO 14067 or ISO 14064-1 standards. Where alternative well-established tools or standards are particularly suitable to provide exact and comparable information on the calculation of life-cycle greenhouse gas emission for a specific sector, such as the G-res tool for the hydropower sector and the ETSI standard ES 203 199 for the information and communication sector, it is appropriate to include such tool or standards as additional alternatives for that sector.

(9)

The methodology to calculate life-cycle greenhouse gas emissions for activities in the hydropower sector should reflect the specificities of that sector, including new modelling methodologies, scientific knowledge and empirical measurements from reservoirs worldwide. To allow accurate reporting on the net impact on greenhouse gas emissions for the hydropower sector, it is therefore appropriate to allow for the use of the G-res tool that is publicly available free of charge and has been developed by the International Hydropower Association in collaboration with the UNESCO Chair for Global Environmental Change.

(10)

The methodology to calculate life-cycle greenhouse gas emissions for activities in the information and communication sector should reflect the specificities of that sector, in particular the specialised work and guidance that has been provided by European Telecommunications Standards Institute (ETSI) for the operation of life-cycle assessments in the information and communication sector. It is therefore appropriate to allow for the use of the ETSI standard ES 203 199 as a methodology to accurately calculate greenhouse gas emissions for that sector.

(11)

The technical screening criteria for certain activities rely on elements of considerable technical complexity and the assessment whether those criteria have been complied with may require expert knowledge and may not be feasible for investors. To facilitate that assessment, the compliance with such technical screening criteria for such activities should be verified by an independent third party.

(12)

Enabling economic activities as referred to in Article 10(1), point (i), of Regulation (EU) 2020/852 do not substantially contribute to climate change mitigation through their own performance. Such activities play a crucial role in the decarbonisation of the economy by directly enabling other activities to be carried out at a low carbon level of environmental performance. Technical screening criteria should therefore be established for those economic activities which play an essential role in enabling the target activities to become low-carbon or to lead to greenhouse gas reductions. Those technical screening criteria should ensure that an activity complying with them respects the safeguards of Article 16 of Regulation (EU) 2020/852, in particular that the activity does not lead to a lock-in of assets and has a substantial positive environmental impact.

(13)

Transitional economic activities as referred to in Article 10(2) of Regulation (EU) 2020/852 cannot yet be replaced by technologically and economically feasible low-carbon alternatives but support the transition to a climate-neutral economy. Those activities can play a crucial role in mitigating climate change by substantially reducing their currently high carbon footprint, including by helping to phase out reliance on fossil fuels. Technical screening criteria should therefore be established for those economic activities, where near-zero carbon solutions are not yet viable or where near-zero carbon activities exist, but are not yet practicable at scale, that have the highest potential for significant greenhouse gas reductions. Those technical screening criteria should ensure that an activity complying with them respects the safeguards of Article 10(2) of Regulation (EU) 2020/852, in particular that the activity has the greenhouse gas emissions corresponding to the best performance in the sector or industry, does not hamper the development and deployment of low-carbon alternatives and does not lead to a lock-in of carbon-intensive assets.

(14)

In view of the ongoing negotiations underway on the Common Agricultural Policy (CAP), and in order to achieve greater coherence across the different instruments to achieve the environmental and climate ambitions of the Green Deal, the establishment of the technical screening criteria for agriculture should be delayed.

(15)

Forests are under increasing pressure as a result of climate change, which aggravates other key drivers of pressures such as pests, diseases, extreme weather events and forest fires. Other pressures come from rural abandonment, lack of management and fragmentation due to land use changes, increasing management intensity due to rising demand for wood, forest products and energy, infrastructure development, urbanisation and land take. At the same time, forests play a crucial role for reaching the Union’s objectives of reversing biodiversity loss and enhancing ambition on climate change mitigation and adaptation, reducing and controlling disaster risk due in particular to floods, droughts or wildfires and promoting a circular bioeconomy. To reach climate neutrality and a healthy environment, it is necessary to improve both the quality and the quantity of forest areas that are the largest carbon sink in the land use, land use change and forestry (‘LULUCF’) sector. Forest-related activities can contribute to climate change mitigation by increasing net removals of carbon dioxide, by preserving carbon stocks, and by providing materials and renewable energy, generating co-benefits for climate change adaptation, biodiversity, circular economy, sustainable use and protection of water and marine resources, and pollution prevention and control. Technical screening criteria should therefore be laid down for afforestation, forest restoration, forest management and forest conservation activities. Those technical screening criteria should be fully in line with Union’s climate change adaptation, biodiversity and circular economy objectives.

(16)

To measure the evolution of greenhouse gas emission savings and carbon stock in forest ecosystems, it is appropriate that forest owners should perform a climate benefit analysis. In order to reflect proportionality and minimise administrative burden for small-scale forest owners in particular, forest holdings below 13 hectares should not be required to perform a climate benefit analysis. In order to reduce administrative costs further, smaller forest owners should be allowed to perform a group assessment with other holdings to certify their calculations, performed every 10 years. Adequate free-of charge tools, such as tools provided by the Food and Agriculture Organisation of the United Nations (FAO), based on data of the Intergovernmental Panel on Climate Change (IPCC) (4), are available to estimate the magnitude of costs and minimise costs and burdens for small-scale foresters. The tool can notably be adapted to different levels of analysis, such as specific values and detailed calculation for big holdings, default values and simplified calculation for smaller owners.

(17)

In the follow-up to communications from the Commission of 11 December 2019‘The European Green Deal’ (5), of 20 May 2020 on ‘EU Biodiversity Strategy for 2030’ (6) and of 17 September 2020‘Stepping up Europe’s 2030 climate ambition – Investing in a climate-neutral future for the benefit of our people’ (7), in line with Union wider biodiversity and climate neutrality ambitions, with the communication from the Commission of 24 February 2021 ‘Forging a climate-resilient Europe – the new EU Strategy on Adaptation to Climate Change (8), and with the new Forests Strategy planned in 2021, technical screening criteria for forest activities should be complemented, reviewed and where necessary revised at the time of adoption of the delegated act referred to in Article 15(2) of Regulation (EU) 2020/852. Those technical screening criteria should be reviewed to take better into account biodiversity friendly practices that are under development such as close to nature forestry.

(18)

Given its importance for reducing greenhouse gas emissions and for strengthening land carbon sinks, wetland restoration has a potential to contribute substantially to climate change mitigation. Wetlands restoration can also deliver benefits for climate change adaptation, including through buffering climate change impacts, and help to reverse the loss of biodiversity and to preserve water quantity and quality. To ensure coherence with the ‘The European Green Deal’, with the communication ‘Stepping up Europe’s 2030 climate ambition’ and with the EU Biodiversity Strategy for 2030, technical screening criteria should also cover the restoration of wetlands.

(19)

The manufacturing sector emits approximately 21 % of direct greenhouse gas emissions in the Union (9). It is the third largest source of those emissions in the Union and thus can play a pivotal role in climate change mitigation. At the same time, manufacturing can be a key sector in enabling greenhouse gas emission avoidance and reductions in other sectors of the economy by manufacturing the products and technologies that those other sectors need in order to become or remain low-carbon. The technical screening criteria for the manufacturing sector should therefore be specified both for manufacturing activities associated with the highest levels of greenhouse gas emissions and for manufacturing of low-carbon products and technologies.

(20)

Manufacturing activities for which there are no technologically and economically feasible low-carbon alternatives but that support the transition to a climate-neutral economy should be considered transitional economic activities, as referred to in Article 10(2) of Regulation (EU) 2020/852. To encourage the reduction of greenhouse gas emissions, the thresholds of the technical screening criteria for those activities should be set at a level that will only be achievable by the best performers of each sector, in most cases based on greenhouse gas emissions per unit of output produced.

(21)

In order to ensure that transitional manufacturing activities as referred to in Article 10(2) of Regulation (EU) 2020/852 remain on a credible pathway to decarbonisation and in accordance with Article 19(5) of that Regulation, the technical screening criteria for those economic activities should be reviewed at a minimum, every three years. That review should include an analysis of whether the technical screening criteria are underpinned by the most relevant standards and whether life-cycle emissions from those activities are sufficiently taken into account. That review should also assess the potential use of captured carbon, in the light of technology development. For manufacturing of iron and steel, new data and evidences from low-carbon steel pilot production processes using hydrogen should be further considered and the use of EU emissions trading scheme and of other possible benchmarks in the technical screening criteria should be further assessed.

(22)

For manufacturing activities that are to be considered to be the enabling activities referred to in Article 10(1), point (i), of Regulation (EU) 2020/852, the technical screening criteria should be based predominantly on the nature of the manufactured products, combined, where appropriate, with additional quantitative thresholds to ensure that those products can make a substantial contribution to avoidance or reduction of greenhouse gas emissions in other sectors. In order to reflect the fact that priority is given to activities that have the greatest potential to avoid producing greenhouse gas emissions, to reduce such emissions or to increase greenhouse gas removals and long-term carbon storage, the enabling manufacturing activities should focus on the manufacturing of products that are necessary for those economic activities to be carried out.

(23)

The manufacturing of electrical equipment for electricity plays an important role for the upgrade, uptake and compensation of fluctuations of the electricity provided by the renewable sources of energy in the Union electric grids, the recharging of the zero emissions vehicles and deployment of smart, green house applications. At the same time, manufacturing of electrical equipment for electricity might enable the development of the smart housing concept with the objective of further promoting the use of renewable sources of energy and the good management of home equipment. It might therefore be necessary to complement the technical screening criteria in the manufacturing sector and to assess the potential of the manufacture of electrical equipment to make a substantial contribution to the climate change mitigation and climate change adaptation.

(24)

Energy efficiency measures and other climate change mitigation measures, such as deployment of on-site renewable energy technologies, and existing state-of-the-art technologies can lead to significant greenhouse gas emission reductions in the manufacturing sector. Therefore, those measures can play an important role to help economic activities in the manufacturing sector for which technical screening criteria should be established, to reach their respective performance standards and thresholds for substantial contribution to climate change mitigation.

(25)

The energy sector accounts for approximately 22 % of direct greenhouse gas emissions in the Union and for approximately 75 % of those emissions when taking into account the use of energy in other sectors. It thus plays a key role in climate change mitigation. The energy sector has significant potential to reduce greenhouse gas emissions, and several activities in that sector act as enabling activities that facilitate the transition of the energy sector towards renewable or low-carbon electricity or heat. It is therefore appropriate to establish technical screening criteria for a wide range of activities related to the energy supply chain, ranging from electricity or heat generation from different sources, through transmission and distribution networks to storage, as well as heat pumps and the manufacture of biogas and biofuels.

(26)

The technical screening criteria for determining whether electricity or heat generation activities, including cogeneration activities, contribute substantially to climate change mitigation should ensure that greenhouse gas emissions are reduced or avoided. Technical screening criteria based on greenhouse gas emissions should signal the decarbonisation pathway for those activities. The technical screening criteria for enabling activities that facilitate the long-term decarbonisation should predominantly be based on the nature of the activity or on the best available technologies.

(27)

Regulation (EU) 2020/852 recognises the importance of ‘climate-neutral energy’ and requires the Commission to assess the potential contribution and feasibility of all relevant existing technologies. For nuclear energy, that assessment is still ongoing and, as soon as the dedicated process is complete, the Commission will follow up based on its results in the context of this Regulation.

(28)

The legal boundaries for transitional activities set out in Article 10(2) of Regulation (EU) 2020/852 provide constraints in respect to greenhouse gas intensive activities with large potential for emission reduction. Such transitional activities should make a substantial contribution to climate change mitigation where no technologically and economically feasible low carbon alternative exists, provided they are compatible with a pathway to limit the temperature increase to 1,5 °C above pre-industrial levels, reflect best-in-class performance, do not hamper the development and deployment of low-carbon alternatives and do not lead to lock-in of carbon-intensive assets. In addition, Article 19 of the same Regulation requires, in particular, that the technical screening criteria should be based on conclusive scientific evidence. Where natural gas activities fulfil those requirements, they will be included in a future delegated act. For these activities, the technical screening criteria for assessing substantial contribution to climate change mitigation and ‘do no significant harm’ to other environmental objectives will be specified in that future delegated act. Activities that do not meet these requirements cannot be recognised under the Regulation (EU) 2020/852. In order to acknowledge the role of natural gas as an important technology in reducing greenhouse gas emissions, the Commission will consider a specific legislation to ensure that activities contributing to emissions reductions would not be deprived of appropriate financing.

(29)

The technical screening criteria for electricity or heat generation activities as well as for transmission and distribution networks should ensure coherence with the Communication from the Commission of 14 October 2020 on an EU strategy to reduce methane emissions (10). It may therefore be necessary to review, complement, and, where necessary, revise those technical screening criteria to reflect any future metrics and requirements established as follow-up to that strategy.

(30)

The technical screening criteria for the production of heating, cooling and power from bioenergy and the production of biofuels and biogas for transport should be consistent with the comprehensive sustainability framework for those sectors laid down under Directive (EU) 2018/2001 of the European Parliament and of the Council (11), setting requirements for sustainable harvesting, carbon accounting and greenhouse gas emission savings.

(31)

In the follow-up of to the European Green Deal, the European Climate Law (12) proposal, the EU Biodiversity Strategy for 2030, and in accordance with the biodiversity and climate neutrality ambitions of the Union, technical screening criteria for bioenergy activities should be complemented, reviewed and where necessary revised to take into account the latest evidence base and policy developments at the time of adoption of the delegated act referred to in Article 15(2) of Regulation (EU) 2020/852 and taking into account relevant Union law, including Directive (EU) 2018/2001 and its future revisions.

(32)

Greenhouse gas emissions in the Union stemming from the water, sewerage, waste and remediation sector are relatively small. That sector nevertheless has a great potential to contribute to reduce greenhouse gas emissions in other sectors, particularly through the provision of secondary raw materials to replace virgin raw materials, through replacing fossil-based products, fertiliser and energy, and through the transport and permanent storage of captured carbon dioxide. Furthermore, activities involving anaerobic digestion as well as composting of separately collected bio-waste, which avoid landfilling of bio-waste are particularly important for reducing methane emissions. The technical screening criteria for waste activities should therefore recognise those activities as substantially contributing to climate change mitigation, provided that those activities apply certain best practices for that sector. Those technical screening criteria should also ensure that waste treatment options are in line with higher levels of the waste hierarchy. The technical screening criteria should recognise as substantially contributing to climate change mitigation those activities that process a uniformly set minimum share of sorted separately collected non-hazardous waste into secondary raw materials. However, it is not possible at this stage for technical screening criteria based on a uniformly set target for reprocessing waste to address fully the climate mitigation potential of individual material streams. It may therefore be necessary to further assess and review those technical screening criteria. The uniformly set target should be without prejudice to waste management targets addressed to Member States in Union legislation on waste. For activities related to water collection, treatment and supply as well as centralised waste water treatment systems, those technical screening criteria should take into account absolute performance and relative performance improvement targets in relation to energy consumption and alternative metrics, where relevant, such as leakage levels in water supply systems.

(33)

Transport operations consume one third of all energy in the Union and account for approximately 23 % of total direct greenhouse gas emissions in the Union. Decarbonising the transport fleet and infrastructure can therefore play a central role in climate change mitigation. Technical screening criteria for the transport sector should focus on reducing the main emission sources from that sector, while also considering the need to shift the transport of people and goods to lower emission modes and for the creation of an infrastructure that enables clean mobility. Technical screening criteria for the transport sector should therefore focus on the performance within one transport mode, while also taking into account the performance of that transport mode in comparison with other transport modes.

(34)

Given their potential to reduce their greenhouse gas emissions and thus contribute to greening the transport sector, maritime shipping and aviation constitute important transport modes for the transition to a low-carbon economy. According to the communication from the Commission of 9 December 2020‘Sustainable and Smart Mobility Strategy– putting European transport on track for the future’ (13), zero emission vessels are expected to become ready for market by 2030. According to that strategy, large zero-emission aircrafts are expected to become ready for market by 2035 for short distance, while for longer distance decarbonisation is expected to rely on renewable and low-carbon fuels. Separate studies have also been conducted on sustainable financing criteria for those sectors. Therefore, maritime shipping should be considered as a transitional economic activity as referred to in Article 10(2) of Regulation (EU) 2020/852. Shipping is one of the least carbon intensive ways to transport goods. To ensure equal treatment of shipping in comparison with other modes of transport, technical screening criteria for maritime transport should be established and should be applicable until the end of 2025. It will however be necessary to further assess maritime shipping and, where appropriate, to establish technical screening criteria for maritime shipping applicable as of 2026. It will also be necessary to further assess aviation and, where appropriate, to establish relevant technical screening criteria. Furthermore, the technical screening criteria should be established for low carbon transport infrastructure for certain modes of transport. However, in light of the potential of transport infrastructure to contribute to modal shift, it will be necessary to assess and where appropriate establish relevant technical screening criteria for overall infrastructure that is essential for low carbon transport modes, notably inland waterways. Depending on the outcome of the technical assessment, relevant technical screening criteria should also be established for the economic activities referred to in this recital at the time of adoption of the delegated act referred to in Articles 12(2), 13(2), 14(2) and 15(2) of Regulation (EU) 2020/852.

(35)

To ensure that the transport activities considered as sustainable do not facilitate the use of fossil fuels, the technical screening criteria for the relevant activities should exclude assets, operations and infrastructure dedicated to transport of fossil fuels. While applying this criterion, it is necessary to recognise the multiple uses, different ownership, user arrangements and fuels blending rates, in line with the relevant existing market practices. The Platform on Sustainable Finance should assess the usability of this criterion in the context of fulfilling its mandate.

(36)

Buildings across all sectors in the Union are responsible for 40 % of energy consumption and 36 % of carbon emissions. Buildings can therefore play an important role in climate change mitigation. Technical screening criteria should therefore be laid down for the construction of new buildings, for building renovation, installation of different energy efficiency equipment, on-site renewables, provision of energy services, and for the acquisition and ownership of buildings. Those technical screening criteria should be based on the potential impact of those activities, on the energy performance of buildings and on related greenhouse gas emissions and embedded carbon. For new buildings, it might be necessary to review the technical screening criteria to ensure that those criteria remain aligned with the Union climate and energy targets.

(37)

The construction of an asset or facility that is an integral part of an activity, for which technical screening criteria determining under which conditions that activity qualifies as contributing substantially to climate change mitigation should be established, may represent an important condition for that economic activity to be carried out. It is therefore appropriate to include the construction of such assets or facilities as part of the activity for which that construction is relevant, in particular for activities in the energy sector, the water, sewerage, waste and remediation sector as well as the transport sector.

(38)

The information and communication sector is a constantly growing sector representing an increasing share in greenhouse gas emissions. At the same time, information and communication technologies have the potential to contribute to climate change mitigation and to reduce greenhouse gas emissions in other sectors, such as by providing solutions that may help decision making enabling greenhouse gas emission reductions. Technical screening criteria should therefore be laid down for data processing and hosting activities that emit high volumes of greenhouse gas, and for data-driven solutions that enable reductions in greenhouse gas emissions in other sectors. The technical screening criteria for those activities should be based on the best practices and standards in that sector. They may need to be reviewed and updated in the future to take into account the greenhouse gas reduction potential from increased durability of information and communication technologies hardware solutions and the potential for digital technologies to be deployed in each sector directly to enable greenhouse gas emissions reductions. Moreover, the deployment and operation of electronic communications networks use considerable amounts of energy and have the potential to bring significant reductions of greenhouse gas emissions. It may therefore be necessary to assess those activities and establish relevant technical screening criteria, where appropriate.

(39)

Furthermore, information and communication technology solutions that are an integral part of those economic activities for which technical screening criteria for substantial contribution to climate change mitigation should be established for their own respective performance, can also be of particular importance in assisting those different activities to reach the standards and thresholds established under those criteria.

(40)

Research, development and innovation have the potential to enable other sectors to meet their respective climate change mitigation targets. The technical screening criteria for research, development and innovation activities should therefore focus on the potential of solutions, processes, technologies and other products for reducing greenhouse gas emissions. Research dedicated to enabling activities as referred to in Article 10(1), point (i) of Regulation (EU) 2020/852 can also play an important role in enabling those economic activities and their target activities to substantially reduce their greenhouse gas emissions or to improve their technological and economic feasibility and ultimately facilitate their scaling up. Research can also play an important role in further decarbonisation of transitional activities as referred to in Article 10(2) of Regulation (EU) 2020/852, by enabling those activities to be carried out with substantially lower greenhouse gas emissions levels compared to the thresholds specified in the technical screening criteria for substantial contribution to climate change mitigation for those activities.

(41)

Furthermore, research, development and innovation that are an integral part of those economic activities for which technical screening criteria for substantial contribution to climate change mitigation should be established for their own respective performance, can also be of particular importance in assisting those different activities to reach the standards and thresholds established under those criteria.

(42)

The technical screening criteria for determining under which conditions an economic activity qualifies as contributing substantially to climate change adaptation should reflect the fact that climate change is likely to affect all sectors of the economy. As a result, all sectors will need to be adapted to the adverse impact of the current climate and the expected future climate. It needs to be ensured, however, that an economic activity that contributes substantially to climate change adaptation also causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852. It is therefore appropriate to first establish technical screening criteria for climate change adaptation for those sectors and economic activities that are covered by the technical screening criteria for climate change mitigation, including the relevant ‘do no significant harm’ criteria to the environmental objectives. The descriptions of the economic activities considered as contributing substantially to climate change adaptation should correspond to the scope for which appropriate ‘do no significant harm’ criteria could be determined. In the light of the need to increase the overall climate resilience of the economy, technical screening criteria, including relevant ‘do no significant harm criteria’ should in the future be developed for additional economic activities.

(43)

Technical screening criteria should ensure that the broadest possible range of critical infrastructures, including in particular energy transmission or storage infrastructure, or transport infrastructure is adapted to adverse impact of the current climate and the expected future climate, thereby preventing serious negative impacts on the health, safety, security or economic well-being of citizens or the effective functioning of governments in Member States. It might however be necessary to review those technical screening criteria to take better account of the specificities of infrastructure for defence against floods

(44)

Furthermore, technical screening criteria should also be established for education, human health, social work, arts, entertainment and recreation activities. Those activities provide essential services and solutions towards increasing collective resilience of the whole society and they can increase climate literacy and awareness.

(45)

The technical screening criteria for determining whether an economic activity qualifies as contributing substantially to climate change adaptation by including adaptation solutions in accordance with Article 11(1), point (a) of Regulation (EU) 2020/852 should aim at increasing the resilience of the economic activities against identified climate risks that are material to those activities. The technical screening criteria should require that the economic operators concerned perform a climate change risk assessment and implement adaptation solutions that reduce the most important risks identified in that assessment. The technical screening criteria should also take into account the context- and location-specific nature of adaptation needs and solutions. Furthermore, the technical screening criteria should ensure the integrity of the environmental and climate objectives and should not be disproportionately prescriptive as to the type of solutions implemented. Those technical screening criteria should take into account the need to prevent climate- and weather related disasters and manage risk of such disasters and to ensure the resilience of critical infrastructure, in accordance with relevant Union law relating to assessing the risk and mitigating the effects of such disasters.

(46)

The technical screening criteria for determining whether an economic activity qualifies as contributing substantially to climate change adaptation by providing adaptation solutions in accordance with Article 11(1), point (b) of Regulation (EU) 2020/852 should be established for engineering activities and related technical consultancy dedicated to adaptation to climate change, research, development and innovation, non-life insurance consisting in underwriting of climate-related perils, and reinsurance. Those activities have the potential to provide adaptation solutions that contribute substantially to preventing or reducing the risk of the adverse impact of the current climate and the expected future climate on people, nature, or assets, without increasing the risk of an adverse impact.

(47)

The technical screening criteria should recognise that certain economic activities may contribute substantially to climate change adaptation by providing adaptation solutions in accordance with Article 11(1), point (b), of Regulation (EU) 2020/852, or by including adaptation solutions in accordance with the Article 11(1), point (a), of that Regulation. The technical screening criteria for the forestry activities, restoration of wetlands, programming and broadcasting, as well as for education, the creative, arts and entertainment activities should recognise that possibility. Those activities, while they should be adapted to the adverse impact of the current climate and the expected future climate, also have the potential to provide adaptation solutions that contribute substantially to preventing or reducing the risk of that adverse impact on people, nature, or assets.

(48)

The technical screening criteria for determining whether an economic activity contributes substantially to climate change adaptation should ensure that the economic activity is made climate resilient or provides solutions to other activities to become climate resilient. Where an economic activity is made climate resilient, the implementation of physical and non-physical solutions that substantially reduce the most important physical climate risks that are material to that activity represents the substantial contribution of that activity towards climate change adaptation. It is therefore appropriate that only capital expenditures incurred for all steps necessary for making the activity climate resilient should be considered as the proportion of capital and operating expenditure related to assets or processes associated with economic activities that qualify as environmentally sustainable and that turnover from that economic activity that has been made resilient should not be counted as derived from products or services associated with economic activities that qualify as environmentally sustainable. However, when the core business of economic activities enabling adaptation in accordance with Article 11(1), point (b), of Regulation (EU) 2020/852 is to provide technologies, products, services, information, or practices with the objectives of increasing the level of resilience to physical climate risks of other people, nature, cultural heritage, assets or of other economic activities, in addition to capital expenditure, the turnover derived from products or services associated with those economic activities should be considered as proportion of turnover derived from products or services associated with economic activities that qualify as environmentally sustainable.

(49)

The technical screening criteria for determining whether the economic activities that contribute substantially to climate change mitigation or climate change adaptation cause no significant harm to any of the other environmental objectives should aim at ensuring that contribution to one of the environmental objectives is not made at the expense of other environmental objectives. The ‘do no significant harm’ criteria play therefore an essential role in ensuring the environmental integrity of the classification of environmentally sustainable activities. The ‘do no significant harm’ criteria for a given environmental objective should be specified for those activities that present a risk of causing significant harm to that objective. The ‘do no significant harm’ criteria should take into account and build upon the relevant requirements of existing Union law.

(50)

The technical screening criteria for ensuring that activities that contribute substantially to climate change adaptation do not cause significant harm to climate change mitigation should be laid down for those activities that present a risk of producing significant greenhouse gas emissions while they have the potential to contribute substantially to climate change adaptation.

(51)

Climate change is likely to affect all sectors of the economy. The technical screening criteria for ensuring that economic activities that contribute substantially to climate change mitigation do not cause significant harm to climate change adaptation should therefore apply to all of those economic activities. Those criteria should ensure that existing and future risks that are material to the activity are identified and that adaptation solutions are implemented to minimise or avoid possible losses or impacts on business continuity.

(52)

The technical screening criteria for ‘do no significant harm’ to sustainable use and protection of water and marine resources should be specified for all activities that can pose a risk to such sustainable use and protection. Those criteria should aim at avoiding that activities are detrimental to the good status or the good ecological potential of bodies of water, including surface water and groundwater, or to the good environmental status of marine waters, by requiring that environmental degradation risks are identified and addressed, in accordance with a water use and protection management plan.

(53)

The technical screening criteria for ‘do no significant harm’ to transition to a circular economy should be tailored to the specific sectors in order to ensure that economic activities do not lead to inefficiencies in the use of resources or lock-in linear production models, that waste is avoided or reduced and, where unavoidable, managed in accordance with the waste hierarchy. Those criteria should also ensure that economic activities do not undermine the objective of transitioning to a circular economy.

(54)

The technical screening criteria for ‘do no significant harm’ to pollution prevention and control should reflect sector specificities to address the relevant sources and types of pollution into air, water or land, referring, where relevant, to best available techniques conclusions established under Directive 2010/75/EU of the European Parliament and of the Council (14).

(55)

The criteria for ‘do no significant harm’ to protection and restoration of biodiversity and ecosystems should be specified for all activities that can pose risks to the status or condition of habitats, species or ecosystems and should require that, where relevant, environmental impact assessments or appropriate assessments are undertaken and the conclusions from such assessments are implemented. Those criteria should ensure that even in the absence of a requirement to perform an environmental impact assessment or other appropriate assessment, activities do not lead to the disturbance, capture or killing of legally protected species or the deterioration of legally protected habitats.

(56)

The technical screening criteria should be without prejudice to the requirement to comply with provisions related to the environment, health, safety and social sustainability laid down in Union and national law, and to the adoption of appropriate mitigation measures in that regard where applicable.

(57)

The provisions in this Regulation are closely linked, since they deal with criteria for determining whether an economic activity contributes substantially to climate change mitigation or climate change adaptation, and whether such economic activity causes no significant harm to one or more of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852. In order to ensure coherence between those provisions, which should enter into force at the same time, to facilitate a comprehensive view of the legal framework for stakeholders and to facilitate the application of Regulation (EU) 2020/852, it is necessary to include those provisions in a single Regulation.

(58)

To ensure that the application of Regulation (EU) 2020/852 evolves with technological, market and policy developments, this Regulation should be regularly reviewed and, where appropriate, amended as regards the activities considered to be contributing substantially to climate change mitigation or climate change adaptation and the corresponding technical screening criteria.

(59)

In order to comply with Articles 10(6) and 11(6) of Regulation (EU) 2020/852, this Regulation should apply from 1 January 2022,

HAS ADOPTED THIS REGULATION:

Article 1

The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex I to this Regulation.

Article 2

The technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change adaptation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives laid down in Article 9 of Regulation (EU) 2020/852 are set out in Annex II to this Regulation.

Article 3

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from 1 January 2022.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 4 June 2021.

For the Commission,

On behalf of the President,

Mairead McGUINNESS

Member of the Commission


(1)  OJ L 198, 22.6.2020, p. 13.

(2)  Directive 2013/34/EU of the European Parliament and of the Council of 26 June 2013 on the annual financial statements, consolidated financial statements and related reports of certain types of undertakings, amending Directive 2006/43/EC of the European Parliament and of the Council and repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19).

(3)  Regulation (EC) No 1893/2006 of the European Parliament and of the Council of 20 December 2006 establishing the statistical classification of economic activities NACE Revision 2 and amending Council Regulation (EEC) No 3037/90 as well as certain EC Regulations on specific statistical domains (OJ L 393, 30.12.2006, p. 1).

(4)  The EX-Ante Carbon-balance Tool (EX-ACT) (version of 4.6.2021: http://www.fao.org/in-action/epic/ex-act-tool/suite-of-tools/ex-act/en/).

(5)  Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: The European Green Deal (COM(2019) 640 final).

(6)  Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions: EU Biodiversity Strategy for 2030 Bringing nature back into our lives (COM(2020) 380 final).

(7)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Stepping up Europe’s 2030 climate ambition Investing in a climate-neutral future for the benefit of our people (COM(2020) 562 final).

(8)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change (COM(2021) 82 final).

(9)  Shares of emissions per sector representing direct emissions and based on Eurostat data from 2018 and 2019 (NACE level 2), except for the construction sector that has no associated NACE code and therefore its emissions are considered across various sectors (version of 4.6.2021: https://ec.europa.eu/info/news/new-rules-greener-and-smarter-buildings-will-increase-quality-life-all-europeans-2019-apr-15_en).

(10)  Communication from the Commission to the European Parliament, the Council, The European Economic and Social Committee and the Committee of the Regions: EU strategy to reduce methane emissions (COM(2020) 663 final).

(11)  Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).

(12)  Amended proposal for a Regulation of the European Parliament and of the Council on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law) (COM(2020) 563 final.

(13)  Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Sustainable and Smart Mobility Strategy – putting European transport on track for the future (COM(2020) 789 final).

(14)  Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control (OJ L 334, 17.12.2010, p. 17).


ANNEX I

Technical screening criteria for determining the conditions under which an economic activity qualifies as contributing substantially to climate change mitigation and for determining whether that economic activity causes no significant harm to any of the other environmental objectives

TABLE OF CONTENTS

1.

Forestry 16

1.1.

Afforestation 16

1.2.

Rehabilitation and restoration of forests, including reforestation and natural forest regeneration after an extreme event 21

1.3.

Forest management 27

1.4.

Conservation forestry 32

2.

Environmental protection and restoration activities 37

2.1.

Restoration of wetlands 37

3.

Manufacturing 40

3.1.

Manufacture of renewable energy technologies 40

3.2.

Manufacture of equipment for the production and use of hydrogen 41

3.3.

Manufacture of low carbon technologies for transport 42

3.4.

Manufacture of batteries 45

3.5.

Manufacture of energy efficiency equipment for buildings 46

3.6.

Manufacture of other low carbon technologies 48

3.7.

Manufacture of cement 49

3.8.

Manufacture of aluminium 50

3.9.

Manufacture of iron and steel 51

3.10.

Manufacture of hydrogen 53

3.11.

Manufacture of carbon black 54

3.12.

Manufacture of soda ash 55

3.13.

Manufacture of chlorine 56

3.14.

Manufacture of organic basic chemicals 57

3.15.

Manufacture of anhydrous ammonia 59

3.16.

Manufacture of nitric acid 60

3.17.

Manufacture of plastics in primary form 61

4.

Energy 62

4.1.

Electricity generation using solar photovoltaic technology 62

4.2.

Electricity generation using concentrated solar power (CSP) technology 63

4.3.

Electricity generation from wind power 63

4.4.

Electricity generation from ocean energy technologies 64

4.5.

Electricity generation from hydropower 65

4.6.

Electricity generation from geothermal energy 68

4.7.

Electricity generation from renewable non-fossil gaseous and liquid fuels 69

4.8.

Electricity generation from bioenergy 70

4.9.

Transmission and distribution of electricity 72

4.10.

Storage of electricity 75

4.11.

Storage of thermal energy 76

4.12.

Storage of hydrogen 77

4.13.

Manufacture of biogas and biofuels for use in transport and of bioliquids 77

4.14.

Transmission and distribution networks for renewable and low-carbon gases 79

4.15.

District heating/cooling distribution 79

4.16.

Installation and operation of electric heat pumps 80

4.17.

Cogeneration of heat/cool and power from solar energy 81

4.18.

Cogeneration of heat/cool and power from geothermal energy 82

4.19.

Cogeneration of heat/cool and power from renewable non-fossil gaseous and liquid fuels 83

4.20.

Cogeneration of heat/cool and power from bioenergy 84

4.21.

Production of heat/cool from solar thermal heating 85

4.22.

Production of heat/cool from geothermal energy 86

4.23.

Production of heat/cool from renewable non-fossil gaseous and liquid fuels 87

4.24.

Production of heat/cool from bioenergy 88

4.25.

Production of heat/cool using waste heat 89

5.

Water supply, sewerage, waste management and remediation 90

5.1.

Construction, extension and operation of water collection, treatment and supply systems 90

5.2.

Renewal of water collection, treatment and supply systems 91

5.3.

Construction, extension and operation of waste water collection and treatment 92

5.4.

Renewal of waste water collection and treatment 93

5.5.

Collection and transport of non-hazardous waste in source segregated fractions 95

5.6.

Anaerobic digestion of sewage sludge 95

5.7.

Anaerobic digestion of bio-waste 96

5.8.

Composting of bio-waste 97

5.9.

Material recovery from non-hazardous waste 98

5.10.

Landfill gas capture and utilisation 99

5.11.

Transport of CO2 100

5.12.

Underground permanent geological storage of CO2 100

6.

Transport 101

6.1.

Passenger interurban rail transport 101

6.2.

Freight rail transport 102

6.3.

Urban and suburban transport, road passenger transport 103

6.4.

Operation of personal mobility devices, cycle logistics 104

6.5.

Transport by motorbikes, passenger cars and light commercial vehicles 105

6.6.

Freight transport services by road 107

6.7.

Inland passenger water transport 108

6.8.

Inland freight water transport 109

6.9.

Retrofitting of inland water passenger and freight transport 110

6.10.

Sea and coastal freight water transport, vessels for port operations and auxiliary activities 111

6.11.

Sea and coastal passenger water transport 114

6.12.

Retrofitting of sea and coastal freight and passenger water transport 116

6.13.

Infrastructure for personal mobility, cycle logistics 117

6.14.

Infrastructure for rail transport 119

6.15.

Infrastructure enabling low-carbon road transport and public transport 120

6.16.

Infrastructure enabling low carbon water transport 121

6.17.

Low carbon airport infrastructure 123

7.

Construction and real estate activities 124

7.1.

Construction of new buildings 124

7.2.

Renovation of existing buildings 126

7.3.

Installation, maintenance and repair of energy efficiency equipment 128

7.4.

Installation, maintenance and repair of charging stations for electric vehicles in buildings (and parking spaces attached to buildings) 129

7.5.

Installation, maintenance and repair of instruments and devices for measuring, regulation and controlling energy performance of buildings 130

7.6.

Installation, maintenance and repair of renewable energy technologies 131

7.7.

Acquisition and ownership of buildings 132

8.

Information and communication 132

8.1.

Data processing, hosting and related activities 132

8.2.

Data-driven solutions for GHG emissions reductions 134

9.

Professional, scientific and technical activities 135

9.1.

Close to market research, development and innovation 135

9.2.

Research, development and innovation for direct air capture of CO2 137

9.3.

Professional services related to energy performance of buildings 138

Appendix A

Generic criteria for DNSH to climate change adaptation 140

Appendix B

Generic criteria for DNSH to sustainable use and protection of water and marine resources 142

Appendix C

Generic criteria for DNSH to pollution prevention and control regarding use and presence of chemicals 143

Appendix D

Generic criteria for DNSH to protection and restoration of biodiversity and ecosystems 144

Appendix E

Technical specifications for water appliances 145

1.   FORESTRY

1.1.   Afforestation

Description of the activity

Establishment of forest through planting, deliberate seeding or natural regeneration on land that, until then, was under a different land use or not used. Afforestation implies a transformation of land use from non-forest to forest, in accordance with the Food and Agriculture Organisation of the United Nations (‘FAO’) definition of afforestation (1), where forest means a land matching the forest definition as set out in national law, or where not available, is in accordance with the FAO definition of forest (2). Afforestation may cover past afforestation as long as it takes place in the period between the planting of the trees and the time when the land use is recognised as a forest.

The economic activities in this category could be associated with NACE code A2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. The economic activities in this category are limited to NACE II 02.10, i.e. silviculture and other forestry activities, 02.20, i.e. logging, 02.30, i.e. gathering of wild growing non-wood products and 02.40, i.e. support services to forestry.

Technical screening criteria

Substantial contribution to climate change mitigation

1.   Afforestation plan and subsequent forest management plan or equivalent instrument

1.1.

The area on which the activity takes place is covered by an afforestation plan of a duration of at least five years, or the minimum period prescribed in national law, developed prior to the start of the activity and continuously updated, until this area matches the definition of forest as set out in national law or where not available, is in line with the FAO definition of forest.

The afforestation plan contains all elements required by the national law relating to environmental impact assessment of afforestation.

1.2.

Preferably through the afforestation plan, or if information is missing, through any other document, detailed information is provided on the following points:

(a)

description of the area according to its gazetting in the land registry;

(b)

site preparation and its impacts on pre-existing carbon stocks, including soils and above-ground biomass, in order to protect land with high carbon stock (3);

(c)

management goals, including major constraints;

(d)

general strategies and activities planned to reach the management goals, including expected operations over the whole forest cycle;

(e)

definition of the forest habitat context, including main existing and intended forest tree species, and their extent and distribution;

(f)

compartments, roads, rights of way and other public access, physical features including waterways, areas under legal and other restrictions;

(g)

measures deployed to establish and maintain the good condition of forest ecosystems;

(h)

consideration of societal issues (including preservation of landscape, consultation of stakeholders in accordance with the terms and conditions laid down in national law);

(i)

assessment of forest related risks, including forest fires, and pests and diseases outbreaks, with the aim of preventing, reducing and controlling the risks and measures deployed to ensure protection and adaptation against residual risks;

(j)

assessment of impact on food security;

(k)

all DNSH criteria relevant to afforestation.

1.3.

When the area becomes a forest, the afforestation plan is followed by a subsequent forest management plan or an equivalent instrument, as set out in national law or, where national law does not define a forest management plan or equivalent instrument, as referred to in the FAO definition of ‘forest area with long-term forest management plan’ (4). The forest management plan or the equivalent instrument covers a period of 10 years or more and is continuously updated.

1.4.

Information is provided on the following points that are not already documented in the forest management plan or equivalent system:

(a)

management goals, including major constraints (5);

(b)

general strategies and activities planned to reach the management goals, including expected operations over the whole forest cycle;

(c)

definition of the forest habitat context, including main existing and intended forest tree species, and their extent and distribution;

(d)

definition of the area according to its gazetting in the land registry;

(e)

compartments, roads, rights of way and other public access, physical features including waterways, areas under legal and other restrictions;

(f)

measures deployed to maintain the good condition of forest ecosystems;

(g)

consideration of societal issues (including preservation of landscape, consultation of stakeholders in accordance with the terms and conditions laid down in national law);

(h)

assessment of forest related risks, including forest fires, and pests and diseases outbreaks, with the aim of preventing, reducing and controlling the risks and measures deployed to ensure protection and adaptation against residual risks;

(i)

all DNSH criteria relevant to forest management.

1.5.

The activity follows the best afforestation practices laid down in national law, or, where no such best afforestation practices have been laid down in national law, the activity complies with one of the following criteria:

(a)

the activity complies with Commission Delegated Regulation (EU) No 807/2014 (6);

(b)

the activity follows the “Pan-European Guidelines for Afforestation and Reforestation with a special focus on the provisions of the UNFCCC” (7).

1.6.

The activity does not involve the degradation of land with high carbon stock (8).

1.7.

The management system associated with the activity in place complies with the due diligence obligation and legality requirements laid down in Regulation (EU) No 995/2010 of the European Parliament and of the Council (9).

1.8.

The afforestation plan and the subsequent forest management plan or equivalent instrument provide for monitoring that ensures the correctness of the information contained in the plan, in particular as regards the data relating to the involved area.

2.   Climate benefit analysis

2.1.

For areas that comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity;

(b)

long-term climate benefits are considered demonstrated by proof of alignment with Article 29(7), point (b), of Directive (EU) 2018/2001.

2.2.

For areas that do not comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity.

(b)

the projected long-term average net GHG balance of the activity is lower than the long-term average GHG balance projected for the baseline, referred to in point 2.2, where long term corresponds to the longer duration between 100 years and the duration of an entire forest cycle.

2.3.

The calculation of climate benefit complies with all of the following criteria:

(a)

the analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (10). The climate benefit analysis is based on transparent, accurate, consistent, complete and comparable information, covers all carbon pools impacted by the activity, including above-ground biomass, below-ground biomass, deadwood, litter and soil, relies on the most conservative assumptions for calculations and includes appropriate considerations about the risks of non-permanence and reversals of carbon sequestration, the risk of saturation and the risk of leakage.

(b)

the business as-usual practices, including harvesting practices, are ones of the following:

(i)

the management practices as documented in the latest version of the forest management plan or equivalent instrument before the start of the activity, if any;

(ii)

the most recent business-as-usual practices prior to the start of the activity;

(iii)

the practices corresponding to a management system ensuring that carbon stocks and sinks levels in the forest area are maintained or strengthened over the long term as set out in Article 29(7), point (b), of Directive (EU) 2018/2001.

(c)

the resolution of the analysis is proportionate to the size of the area concerned and values specific to the area concerned are used.

(d)

emissions and removals that occur due to natural disturbances, such as pests and diseases infestations, forest fires, wind, storm damages, that impact the area and cause underperformance do not result in non-compliance with Regulation (EU) 2020/852, provided that the climate benefit analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories regarding emissions and removals due to natural disturbances.

2.4.

Forest holdings under 13ha are not required to perform a climate benefit analysis.

3.   Guarantee of permanence

3.1.

In accordance with national law, the forest status of the area in which the activity takes place is guaranteed by one of the following measures:

(a)

the area is classified in the permanent forest estate as defined by the FAO (11);

(b)

the area is classified as a protected area;

(c)

the area is the subject of any legal or contractual guarantee ensuring that it will remain a forest.

3.2.

In accordance with national law, the operator of the activity commits that future updates to the afforestation plan and the subsequent forest management plan or equivalent instrument, beyond the activity that is financed, will continue to seek the climate benefits as determined in point 2. Besides, the operator of the activity commits to compensate any reduction in the climate benefit determined in point 2 with an equivalent climate benefit resulting from the conduct of an activity that corresponds to one of the forestry activities defined in this Regulation.

4.   Audit

Within two years after the beginning of the activity and every 10 years thereafter, the compliance of the activity with the substantial contribution to climate change mitigation criteria and the DNSH criteria are verified by either of the following:

(a)

the relevant national competent authorities;

(b)

an independent third-party certifier, at the request of national authorities or the operator of the activity.

In order to reduce costs, audits may be performed together with any forest certification, climate certification or other audit.

The independent third-party certifier may not have any conflict of interest with the owner or the funder, and may not be involved in the development or operation of the activity.

5.   Group assessment

The compliance with the criteria for substantial contribution to climate change mitigation and with DNSH criteria may be checked:

(a)

at the level of the forest sourcing area (12) as defined in Article 2, point (30), of Directive (EU) 2018/2001;

(b)

at the level of a group of holdings sufficiently homogeneous to evaluate the risk of the sustainability of the forest activity, provided that all those holdings have a durable relationship between them and participate in the activity and the group of those holdings remains the same for all subsequent audits.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Detailed information referred to in point 1.2. (k) includes provisions to comply with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The use of pesticides is reduced and alternative approaches or techniques, which may include non-chemical alternatives to pesticides, are favoured, in accordance with Directive 2009/128/EC of the European Parliament and of the Council (13), with exception of occasions where the use of pesticides is needed to control outbreaks of pests and of diseases.

The activity minimises the use of fertilisers and does not use manure. The activity complies with Regulation (EU) 2019/1009 of the European Parliament and of the Council (14) or national rules on fertilisers or soil improvers for agricultural use.

Well documented and verifiable measures are taken to avoid the use of active ingredients that are listed in Annex I, part A, of Regulation (EU) 2019/1021 (15) of the European Parliament and of the Council (16), the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade (17), the Minamata Convention on Mercury (18), the Montreal Protocol on Substances that Deplete the Ozone Layer (19), and of active ingredients that are listed as classification Ia (‘extremely hazardous’) or Ib (‘highly hazardous’) in the WHO Recommended Classification of Pesticides by Hazard (20). The activity complies with the relevant national law on active ingredients.

Pollution of water and soil is prevented and cleaning up measures are undertaken when pollution occurs.

(6)

Protection and restoration of biodiversity and ecosystems

In areas designated by the national competent authority for conservation or in habitats that are protected, the activity is in accordance with the conservation objectives for those areas.

There is no conversion of habitats specifically sensitive to biodiversity loss or with high conservation value, or of areas set aside for the restoration of such habitats in accordance with national law.

Detailed information referred to in points 1.2(k) (Afforestation plan) and 1.4(i) (Forest management plan or equivalent system) include provisions for maintaining and possibly enhancing biodiversity in accordance with national and local provisions, including the following:

(a)

ensuring the good conservation status of habitat and species, maintenance of typical habitat species;

(b)

excluding the use or release of invasive alien species;

(c)

excluding the use of non-native species unless it can be demonstrated that:

(i)

the use of the forest reproductive material leads to favourable and appropriate ecosystem conditions (such as climate, soil criteria and vegetation zone, forest fire resilience);

(ii)

the native species currently present on the site are not anymore adapted to projected climatic and pedo-hydrological conditions.

(d)

ensuring the maintenance and improvement of physical, chemical and biological quality of the soil;

(e)

promoting biodiversity-friendly practices that enhance forests’ natural processes;

(f)

excluding the conversion of high-biodiverse ecosystems into less biodiverse ones;

(g)

ensuring the diversity of associated habitats and species linked to the forest;

(h)

ensuring the diversity of stand structures and maintenance or enhancing of mature stage stands and dead wood.

1.2.   Rehabilitation and restoration of forests, including reforestation and natural forest regeneration after an extreme event

Description of the activity

Rehabilitation and restoration of forests as defined by national law. Where national law does not contain such a definition, rehabilitation and restoration corresponds to a definition with broad agreement in the peer-reviewed scientific literature for specific countries or a definition in line with the FAO concept of forest restoration (21) or a definition in line with one of the definitions of ecological restoration (22) applied to forest, or forest rehabilitation (23) under the Convention on Biological Diversity (24). The economic activities in this category also include forest activities in line with the FAO definition of ‘reforestation’ (25) and ‘naturally regenerating forest’ (26) after an extreme event, where extreme event is defined by national law, and where national law does not contain such a definition, is in line with the IPCC definition of extreme weather event (27); or after a wildfire, where wildfire is defined by national law, and where national law does not contain such a definition, as defined in the European Glossary for wildfires and forest fires (28).

The economic activities in this category imply no change of land use and occurs on degraded land matching the forest definition as set out in national law, or where not available, in accordance with the FAO definition of forest (29).

The economic activities in this category could be associated with NACE code A2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. The economic activities in this category are limited to NACE II 02.10, i.e. silviculture and other forestry activities, 02.20, i.e. logging, 02.30, i.e. gathering of wild growing non-wood products and 02.40, i.e. support services to forestry.

Technical screening criteria

Substantial contribution to climate change mitigation

1.   Forest management plan or equivalent instrument

1.1.

The activity takes place on area that is subject to a forest management plan or an equivalent instrument, as set out in national law or, where national law does not define a forest management plan or equivalent instrument, as referred to in the FAO definition of ‘forest area with long-term forest management plan’ (30).

The forest management plan or the equivalent instrument covers a period of 10 years or more, and is continuously updated.

1.2.

Information is provided on the following points that are not already documented in the forest management plan or equivalent system:

(a)

management goals, including major constraints (31);

(b)

general strategies and activities planned to reach the management goals, including expected operations over the whole forest cycle;

(c)

definition of the forest habitat context, including main existing and intended forest tree species, and their extent and distribution;

(d)

definition of the area according to its gazetting in the land registry;

(e)

compartments, roads, rights of way and other public access, physical features including waterways, areas under legal and other restrictions;

(f)

measures deployed to maintain the good condition of forest ecosystems;

(g)

consideration of societal issues (including preservation of landscape, consultation of stakeholders in accordance with the terms and conditions laid down in national law);

(h)

assessment of forest related risks, including forest fires, and pests and diseases outbreaks, with the aim of preventing, reducing and controlling the risks and measures deployed to ensure protection and adaptation against residual risks;

(i)

all DNSH criteria relevant to forest management.

1.3.

The sustainability of the forest management systems, as documented in the plan referred to in point 1.1, is ensured by choosing the most ambitious of the following approaches:

(a)

the forest management matches the applicable national definition of sustainable forest management;

(b)

the forest management matches the Forest Europe definition (32) of sustainable forest management, and complies with the Pan-European Operational Level Guidelines for Sustainable Forest Management (33);

(c)

the management system in place complies with the forest sustainability criteria laid down in Article 29(6) of Directive (EU) 2018/2001, and as of the date of its application with the implementing act on operational guidance for energy from forest biomass adopted under Article 29(8) of that Directive.

1.4.

The activity does not involve the degradation of land with high carbon stock (34).

1.5.

The management system associated with the activity in place complies with the due diligence obligation and legality requirements laid down in Regulation (EU) No 995/2010.

1.6.

The forest management plan or equivalent instrument provides for monitoring which ensures the correctness of the information contained in the plan, in particular as regards the data relating to the involved area.

2.   Climate benefit analysis

2.1.

For areas that comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity;

(b)

long-term climate benefits are considered demonstrated by proof of alignment with Article 29(7), point (b), of Directive (EU) 2018/2001.

2.2.

For areas that do not comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity.

(b)

the projected long-term average net GHG balance of the activity is lower than the long-term average GHG balance projected for the baseline, referred to in point 2.2, where long term corresponds to the longer duration between 100 years and the duration of an entire forest cycle.

2.3.

The calculation of climate benefit complies with all of the following criteria:

(a)

the analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (35). The climate benefit analysis is based on transparent, accurate, consistent, complete and comparable information, covers all carbon pools impacted by the activity, including above-ground biomass, below-ground biomass, deadwood, litter and soil, relies on the most conservative assumptions for calculations and includes appropriate considerations about the risks of non-permanence and reversals of carbon sequestration, the risk of saturation and the risk of leakage.

(b)

the business-as-usual practices, including harvesting practices, are one of the following:

(i)

the management practices as documented in the latest version of the forest management plan or equivalent instrument before the start of the activity, if any;

(ii)

the most recent business-as-usual practices prior to the start of the activity;

(iii)

the practices corresponding to a management system ensuring that carbon stocks and sinks levels in the forest area are maintained or strengthened over the long term as set out in Article 29(7), point (b), of Directive (EU) 2018/2001.

(c)

the resolution of the analysis is proportionate to the size of the area concerned and values specific to the area concerned are used.

(d)

emissions and removals that occur due to natural disturbances, such as pests and diseases infestations, forest fires, wind, storm damages, that impact the area and cause underperformance do not result in non-compliance with Regulation (EU) 2020/852, provided that the climate benefit analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories regarding emissions and removals due to natural disturbances.

2.4.

Forest holdings under 13ha are not required to perform a climate benefit analysis.

3.   Guarantee of permanence

3.1.

In accordance with national law, the forest status of the area in which the activity takes place is guaranteed by one of the following measures:

(a)

the area is classified in the permanent forest estate as defined by the FAO (36);

(b)

the area is classified as a protected area;

(c)

the area is the subject of any legal or contractual guarantee ensuring that it will remain a forest.

3.2.

In accordance with national law, the operator of the activity commits that future updates to the forest management plan or equivalent instrument, beyond the activity that is financed, will continue to seek the climate benefits as determined in point 2. Besides, the operator of the activity commits to compensate any reduction in the climate benefit determined in point 2 with an equivalent climate benefit resulting from the conduct of an activity that corresponds to one of the forestry activities defined in this Regulation.

4.   Audit

Within two years after the beginning of the activity and every 10 years thereafter, the compliance of the activity with the substantial contribution to climate change mitigation criteria and the DNSH criteria are verified by either of the following:

(a)

the relevant national competent authorities;

(b)

an independent third-party certifier, at the request of national authorities or the operator of the activity.

In order to reduce costs, audits may be performed together with any forest certification, climate certification or other audit.

The independent third-party certifier may not have any conflict of interest with the owner or the funder, and may not be involved in the development or operation of the activity.

5.   Group assessment

The compliance with the criteria for substantial contribution to climate change mitigation and with DNSH criteria may be checked:

(a)

at the level of the forest sourcing area (37) as defined in Article 2, point (30), of Directive (EU) 2018/2001;

(b)

at the level of a group of holdings sufficiently homogeneous to evaluate the risk of the sustainability of the forest activity, provided that all those holdings have a durable relationship between them and participate in the activity and the group of those holdings remains the same for all subsequent audits.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Detailed information referred to in point 1.2. (i) includes provisions to comply with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The silvicultural change induced by the activity on the area covered by the activity is not likely to result in a significant reduction of sustainable supply of primary forest biomass suitable for the manufacturing of wood-based products with long-term circularity potential. This criterion may be demonstrated through the climate benefits analysis referred to in point (2).

(5)

Pollution prevention and control

The use of pesticides is reduced and alternative approaches or techniques, which may include non-chemical alternatives to pesticides, are favoured, in accordance with Directive 2009/128/EC, with exception of occasions where the use of pesticides is needed to control outbreaks of pests and of diseases.

The activity minimises the use of fertilisers and does not use manure. The activity complies with Regulation (EU) 2019/1009 or national rules on fertilisers or soil improvers for agricultural use.

Well documented and verifiable measures are taken to avoid the use of active ingredients that are listed in the Annex I, part A, of Regulation (EU) 2019/1021 (38), the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, the Minamata Convention on Mercury, the Montreal Protocol on Substances that Deplete the Ozone Layer, and of active ingredients that are listed as classification Ia (‘extremely hazardous’) or Ib (‘highly hazardous’) in the WHO Recommended Classification of Pesticides by Hazard. The activity complies with the relevant national law on active ingredients.

Pollution of water and soil is prevented and cleaning up measures are undertaken when pollution occurs.

(6)

Protection and restoration of biodiversity and ecosystems

In areas designated by the national competent authority for conservation or in habitats that are protected, the activity is in accordance with the conservation objectives for those areas.

There is no conversion of habitats specifically sensitive to biodiversity loss or with high conservation value, or of areas set aside for the restoration of such habitats in accordance with national law.

Detailed information referred to in point 1.2.(i) includes provisions for maintaining and possibly enhancing biodiversity in accordance with national and local provisions, including the following:

(a)

ensuring the good conservation status of habitat and species, maintenance of typical habitat species;

(b)

excluding the use or release of invasive alien species;

(c)

excluding the use of non-native species unless it can be demonstrated that:

(i)

the use of the forest reproductive material leads to favourable and appropriate ecosystem conditions (such as climate, soil criteria and vegetation zone, forest fire resilience);

(ii)

the native species currently present on the site are not anymore adapted to projected climatic and pedo-hydrological conditions.

(d)

ensuring the maintenance and improvement of physical, chemical and biological quality of the soil;

(e)

promoting biodiversity-friendly practices that enhance forests’ natural processes;

(f)

excluding the conversion of high-biodiverse ecosystems into less biodiverse ones;

(g)

ensuring the diversity of associated habitats and species linked to the forest;

(h)

ensuring the diversity of stand structures and maintenance or enhancing of mature stage stands and dead wood.

1.3.   Forest management

Description of the activity

Forest management as defined by national law. Where national law does not contain such a definition, forest management corresponds to any economic activity resulting from a system applicable to a forest that influences the ecological, economic or social functions of the forest. Forest management assumes no change in land use and occurs on land matching the definition of forest as set out in national law, or where not available, in accordance with the FAO definition of forest (39).

The economic activities in this category could be associated with NACE code A2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. The economic activities in this category are limited to NACE II 02.10, i.e. silviculture and other forestry activities, 02.20, i.e. logging, 02.30, i.e. gathering of wild growing non-wood products and 02.40, i.e. support services to forestry.

Technical screening criteria

Substantial contribution to climate change mitigation

1.   Forest management plan or equivalent instrument

1.1.

The activity takes place on area that is subject to a forest management plan or an equivalent instrument, as set out in national law or, where national law does not define a forest management plan or equivalent instrument, as referred to in the FAO definition of ‘forest area with long-term forest management plan’ (40).

The forest management plan or equivalent instrument covers a period of 10 years or more and is continuously updated.

1.2.

Information is provided on the following points that are not already documented in the forest management plan or equivalent system:

(a)

management goals, including major constraints (41);

(b)

general strategies and activities planned to reach the management goals, including expected operations over the whole forest cycle;

(c)

definition of the forest habitat context, including main existing and intended forest tree species, and their extent and distribution;

(d)

definition of the area according to its gazetting in the land registry;

(e)

compartments, roads, rights of way and other public access, physical features including waterways, areas under legal and other restrictions;

(f)

measures deployed to maintain the good condition of forest ecosystems;

(g)

consideration of societal issues (including preservation of landscape, consultation of stakeholders in accordance with the terms and conditions laid down in national law);

(h)

assessment of forest related risks, including forest fires, and pests and diseases outbreaks, with the aim of preventing, reducing and controlling the risks and measures deployed to ensure protection and adaptation against residual risks;

(i)

all DNSH criteria relevant for forest management.

1.3.

The sustainability of the forest management systems, as documented in the plan referred to in point 1.1, is ensured by choosing the most ambitious of the following approaches:

(a)

the forest management matches the applicable national definition of sustainable forest management;

(b)

the forest management matches the Forest Europe definition (42) of sustainable forest management, and complies with the Pan-European Operational Level Guidelines for Sustainable Forest Management (43);

(c)

the management system in place shows compliance with the forest sustainability criteria set out in Article 29(6) of Directive (EU) 2018/2001, and as of the date of its application with the implementing act on operational guidance for energy from forest biomass adopted under Article 29(8) of that Directive.

1.4.

The activity does not involve the degradation of land with high carbon stock (44).

1.5.

The management system associated with the activity in place complies with the due diligence obligation and legality requirements laid down in Regulation (EU) No 995/2010.

1.6.

The forest management plan or equivalent instrument provides for monitoring which ensures the correctness of the information contained in the plan, in particular as regards the data relating to the involved area.

2.   Climate benefit analysis

2.1.

For areas that comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity;

(b)

long-term climate benefits are considered demonstrated by proof of alignment with Article 29(7), point (b), of Directive (EU) 2018/2001.

2.2.

For areas that do not comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity.

(b)

the projected long-term average net GHG balance of the activity is lower than the long-term average GHG balance projected for the baseline, referred to in point 2.2, where long term corresponds to the longer duration between 100 years and the duration of an entire forest cycle.

2.3.

The calculation of climate benefit complies with all of the following criteria:

(a)

the analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (45). The climate benefit analysis is based on transparent, accurate, consistent, complete and comparable information, covers all carbon pools impacted by the activity, including above-ground biomass, below-ground biomass, deadwood, litter and soil, relies on the most conservative assumptions for calculations and includes appropriate considerations about the risks of non-permanence and reversals of carbon sequestration, the risk of saturation and the risk of leakage.

(b)

the business-as-usual practices, including harvesting practices, are one of the following:

(i)

the management practices as documented in the latest version of the forest management plan or equivalent instrument before the start of the activity, if any;

(ii)

the most recent business-as-usual practices prior to the start of the activity;

(iii)

the practices corresponding to a management system ensuring that carbon stocks and sinks levels in the forest area are maintained or strengthened over the long term as set out in Article 29(7), point (b), of Directive (EU) 2018/2001.

(c)

the resolution of the analysis is proportionate to the size of the area concerned and values specific to the area concerned are used.

(d)

emissions and removals that occur due to natural disturbances, such as pests and diseases infestations, forest fires, wind, storm damages, that impact the area and cause underperformance do not result in non-compliance with Regulation (EU) 2020/852, provided that the climate benefit analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories regarding emissions and removals due to natural disturbances.

2.4.

Forest holdings under 13ha are not required to perform a climate benefit analysis.

3.   Guarantee of permanence

3.1.

In accordance with national law, the forest status of the area in which the activity takes place is guaranteed by one of the following measures:

(a)

the area is classified in the permanent forest estate as defined by the FAO (46);

(b)

the area is classified as a protected area;

(c)

the area is the subject of any legal or contractual guarantee ensuring that it will remain a forest.

3.2.

In accordance with national law, the operator of the activity commits that future updates to the forest management plan or equivalent instrument, beyond the activity that is financed, will continue to seek the climate benefits as determined in point 2. Besides, the operator of the activity commits to compensate any reduction in the climate benefit determined in point 2 with an equivalent climate benefit resulting from the conduct of an activity that corresponds to one of the forestry activities defined in this Regulation.

4.   Audit

Within two years after the beginning of the activity and every 10 years thereafter, the compliance of the activity the substantial contribution to climate change mitigation criteria and the DNSH criteria is verified by either of the following:

(a)

the relevant national competent authorities;

(b)

an independent third-party certifier, at the request of national authorities or the operator of the activity.

In order to reduce costs, audits may be performed together with any forest certification, climate certification or other audit.

The independent third-party certifier may not have any conflict of interest with the owner or the funder, and may not be involved in the development or operation of the activity.

5.   Group assessment

The compliance with the criteria for substantial contribution to climate change mitigation and with DNSH criteria may be checked:

(a)

at the level of the forest sourcing area (47) as defined in Article 2, point (30), of Directive (EU) 2018/2001;

(b)

at the level of a group of holdings sufficiently homogeneous to evaluate the risk of the sustainability of the forest activity, provided that all those holdings have a durable relationship between them and participate in the activity and the group of those holdings remains the same for all subsequent audits.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Detailed information referred to in point 1.2. (i) includes provisions to comply with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The silvicultural change induced by the activity on the area covered by the activity is not likely to result in a significant reduction of sustainable supply of primary forest biomass suitable for the manufacturing of wood-based products with long-term circularity potential. This criterion may be demonstrated through the climate benefits analysis referred to in point (2).

(5)

Pollution prevention and control

The use of pesticides is reduced and alternative approaches or techniques, which may include non-chemical alternatives to pesticides, are favoured, in accordance with Directive 2009/128/EC, with exception of occasions where the use of pesticides is needed to control outbreaks of pests and of diseases.

The activity minimised the use of fertilisers and does not use manure. The activity complies with Regulation (EU) 2019/1009 or national rules on fertilisers or soil improvers for agricultural use.

Well documented and verifiable measures are taken to avoid the use of active ingredients that are listed in Annex I, part A, of Regulation (EU) 2019/1021 of the European Parliament and of the Council (48), the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, the Minamata Convention on Mercury, the Montreal Protocol on Substances that Deplete the Ozone Layer, and of active ingredients that are listed as classification Ia (‘extremely hazardous’) or Ib (‘highly hazardous’) in the WHO Recommended Classification of Pesticides by Hazard (49). The activity complies with the relevant national law on active ingredients.

Pollution of water and soil is prevented and cleaning up measures are undertaken when pollution occurs.

(6)

Protection and restoration of biodiversity and ecosystems

In areas designated by the national competent authority for conservation or in habitats that are protected, the activity is in accordance with the conservation objectives for those areas.

There is no conversion of habitats specifically sensitive to biodiversity loss or with high conservation value, or of areas set aside for the restoration of such habitats in accordance with national law.

Detailed information referred to in point 1.2.(i) includes provisions for maintaining and possibly enhancing biodiversity in accordance with national and local provisions, including the following:

(a)

ensuring the good conservation status of habitat and species, maintenance of typical habitat species;

(b)

excluding the use or release of invasive alien species;

(c)

excluding the use of non-native species unless it can be demonstrated that:

(i)

the use of the forest reproductive material leads to favourable and appropriate ecosystem condition (such as climate, soil criteria, and vegetation zone, forest fire resilience);

(ii)

the native species currently present on the site are not anymore adapted to projected climatic and pedo-hydrological conditions;

(d)

ensuring the maintenance and improvement of physical, chemical and biological quality of the soil;

(e)

promoting biodiversity-friendly practices that enhance forests’ natural processes;

(f)

excluding the conversion of high-biodiverse ecosystems into less biodiverse ones;

(g)

ensuring the diversity of associated habitats and species linked to the forest;

(h)

ensuring the diversity of stand structures and maintenance or enhancing of mature stage stands and dead wood.

1.4.   Conservation forestry

Description of the activity

Forest management activities with the objective of preserving one or more habitats or species. Conservation forestry assumes no change in land category and occurs on land matching the forest definition as set out in national law, or where not available, in accordance with the FAO definition of forest (50).

The economic activities in this category could be associated with NACE code A2 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006. The economic activities in this category are limited to NACE II 02.10, i.e. silviculture and other forestry activities, 02.20, i.e. logging, 02.30, i.e. gathering of wild growing non-wood products, and 02.40, i.e. support services to forestry.

Technical screening criteria

Substantial contribution to climate change mitigation

1.   Forest management plan or equivalent instrument

1.1.

The activity takes place on area that is subject to a forest management plan or an equivalent instrument, as set out in national law or, where national regulation dos not define a forest management plan, as referred to in the FAO definition of ‘forest area with long-term forest management plan’ (51).

The forest management plan or the equivalent instrument covers a period of 10 years or more and is continuously updated.

1.2.

Information is provided on the following points that are not already documented in the forest management plan or equivalent system:

(a)

management goals, including major constraints;

(b)

general strategies and activities planned to reach the management goals, including expected operations over the whole forest cycle;

(c)

definition of the forest habitat context, main forest tree species and those intended and their extent and distribution, in accordance to the local forest ecosystem context;

(d)

definition of the area according to its gazetting in the land registry;

(e)

compartments, roads, rights of way and other public access, physical features including waterways, areas under legal and other restrictions;

(f)

measures deployed to maintain the good condition of forest ecosystems;

(g)

consideration of societal issues (including preservation of landscape, consultation of stakeholders in accordance with the terms and conditions laid down in national law);

(h)

assessment of forest related risks, including forest fires, and pests and diseases outbreaks, with the aim of preventing, reducing and controlling the risks and measures deployed to ensure protection and adaptation against residual risks;

(i)

all DNSH relevant to forest management.

1.3.

The forest management plan or the equivalent instrument:

(a)

shows a primary designated management objective (52) that consists in protection of soil and water (53), conservation of biodiversity (54) or social services (55) based on the FAO definitions;

(b)

promotes biodiversity-friendly practices that enhance forests’ natural processes;

(c)

includes an analysis of:

(i)

impacts and pressures on habitat conservation and diversity of associated habitats;

(ii)

condition of harvesting minimizing soil impacts;

(iii)

other activities that have an impact on conservation objectives, such as hunting and fishing, agricultural, pastoral and forestry activities, industrial, mining, and commercial activities.

1.4.

The sustainability of the forest management systems as documented in the plan referred to in point 1.1 is ensured by choosing the most ambitious of the following approaches:

(a)

the forest management matches the national definition of sustainable forest management, if any;

(b)

the forest management matches the Forest Europe definition (56) of sustainable forest management and complies with the Pan-European Operational Level Guidelines for Sustainable Forest Management (57);

(c)

the management system in place shows compliance with the forest sustainability criteria as defined in Article 29(6) of Directive (EU) 2018/2001, and as of the date of its application with the implementing act on operational guidance for energy from forest biomass adopted under Article 29(8) of that Directive.

1.5.

The activity does not involve the degradation of land with high carbon stock (58).

1.6.

The management system associated with the activity in place complies with the due diligence obligation and legality requirements laid down in Regulation (EU) No 995/2010.

1.7.

The forest management plan or equivalent instrument provides for monitoring which ensures the correctness of the information contained in the plan, in particular as regards the data relating to the involved area.

2.   Climate benefit analysis

2.1.

For areas that comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity;

(b)

long-term climate benefits are considered demonstrated by proof of alignment with Article 29(7), point (b), of Directive (EU) 2018/2001.

2.2.

For areas that do not comply with the requirements at forest sourcing area level to ensure that carbon stocks and sinks levels in the forest are maintained or strengthened over the long term in accordance with Article 29(7), point (b), of Directive (EU) 2018/2001 the activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity.

(b)

the projected long-term average net GHG balance of the activity is lower than the long-term average GHG balance projected for the baseline, referred to in point 2.2, where long term corresponds to the longer duration between 100 years and the duration of an entire forest cycle.

2.3.

The calculation of climate benefit complies with all of the following criteria:

(a)

the analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (59). The climate benefit analysis is based on transparent, accurate, consistent, complete and comparable information, covers all carbon pools impacted by the activity, including above-ground biomass, below-ground biomass, deadwood, litter and soil, relies on the most conservative assumptions for calculations and includes appropriate considerations about the risks of non-permanence and reversals of carbon sequestration, the risk of saturation and the risk of leakage.

(b)

the business as-usual practices, including harvesting practices, are one of the following:

(i)

the management practices as documented in the latest version of the forest management plan or equivalent instrument before the start of the activity, if any;

(ii)

the most recent business-as-usual practices prior to the start of the activity;

(iii)

the practices corresponding to a management system ensuring that carbon stocks and sinks levels in the forest area are maintained or strengthened over the long term as set out in Article 29(7), point (b), of Directive (EU) 2018/2001.

(c)

the resolution of the analysis is proportionate to the size of the area concerned and values specific to the area concerned are used.

(d)

emissions and removals that occur due to natural disturbances, such as pests and diseases infestations, forest fires, wind, storm damages, that impact the area and cause underperformance do not result in non-compliance with the criteria of Regulation (EU) 2020/852, provided that the climate benefit analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories regarding emissions and removals due to natural disturbances.

2.4.

Forest holdings under 13ha are not required to perform a climate benefit analysis.

3.   Guarantee of permanence

3.1.

In accordance with national law, the forest status of the area in which the activity takes place is guaranteed by one of the following measures:

(a)

the area is classified in the permanent forest estate as defined by the FAO (60);

(b)

the area is classified as a protected area;

(c)

the area is the subject of any legal or contractual guarantee ensuring that it will remain a forest.

3.2.

In accordance with national law, the operator of the activity commits that future updates to the forest management plan or equivalent instrument, beyond the activity that is financed, will continue to seek the climate benefits as determined in point 2. Besides, the operator of the activity commits to compensate any reduction in the climate benefit determined in point 2 with an equivalent climate benefit resulting from the conduct of an activity that corresponds to one of the forestry activities defined in this Regulation.

4.   Audit

Within two years after the beginning of the activity and every 10 years thereafter, the compliance of the activity with the substantial contribution to climate change mitigation criteria and the DNSH criteria are verified by either of the following:

(a)

the relevant national competent authorities;

(b)

an independent third-party certifier, at the request of national authorities or the operator of the activity.

In order to reduce costs, audits may be performed together with any forest certification, climate certification or other audit.

The independent third-party certifier may not have any conflict of interest with the owner or the funder, and may not be involved in the development or operation of the activity.

5.   Group assessment

The compliance with the criteria for substantial contribution to climate change mitigation and with DNSH criteria may be checked:

(a)

at the level of the forest sourcing area (61) as defined in Article 2, point (30), of Directive (EU) 2018/2001;

(b)

at the level of a group of forest holdings sufficiently homogeneous to evaluate the risk of the sustainability of the forest activity, provided that all those holdings have a durable relationship between them and participate in the activity and the group of those holdings remains the same for all subsequent audits.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

Detailed information referred to in point 1.2.(i) includes provisions to comply with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The silvicultural change induced by the activity on the area covered by the activity is not likely to result in a significant reduction of sustainable supply of primary forest biomass suitable for the manufacturing of wood-based products with long-term circularity potential. This criterion may be demonstrated through the climate benefits analysis referred to in point (2).

(5)

Pollution prevention and control

The activity does not use pesticides or fertilisers.

Well documented and verifiable measures are taken to avoid the use of active ingredients that are listed in Annex I, part A, of Regulation (EU) 2019/1021 (62), the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, the Minamata Convention on Mercury, the Montreal Protocol on Substances that Deplete the Ozone Layer, and of active ingredients that are listed as classification Ia (‘extremely hazardous’) or Ib (‘highly hazardous’) in the WHO Recommended Classification of Pesticides by Hazard (63). The activity complies with the relevant national law on active ingredients.

Pollution of water and soil is prevented and cleaning up measures are undertaken when pollution occurs.

(6)

Protection and restoration of biodiversity and ecosystems

In areas designated by the national competent authority for conservation or in habitats that are protected, the activity is in accordance with the conservation objectives for those areas.

There is no conversion of habitats specifically sensitive to biodiversity loss or with high conservation value, or of areas set aside for the restoration of such habitats in accordance with national law.

Detailed information referred to in in point 1.2.(i) includes provisions for maintaining and possibly enhancing biodiversity in accordance with national and local provisions, including the following:

(a)

ensuring the good conservation status of habitat and species, maintenance of typical habitat species;

(b)

excluding the use or release of invasive alien species;

(c)

excluding the use of non-native species unless it can be demonstrated that:

(i)

the use of the forest reproductive material leads to favourable and appropriate ecosystem conditions (such as climate, soil criteria, and vegetation zone, forest fire resilience);

(ii)

the native species currently present on the site are not anymore adapted to projected climatic and pedo-hydrological conditions;

(d)

ensuring the maintenance and improvement of physical, chemical and biological quality of the soil;

(e)

promoting biodiversity-friendly practices that enhance forests’ natural processes;

(f)

excluding the conversion of high-biodiverse ecosystems into less biodiverse ones;

(g)

ensuring the diversity of associated habitats and species linked to the forest;

(h)

ensuring the diversity of stand structures and maintenance or enhancing of mature stage stands and dead wood.

2.   ENVIRONMENTAL PROTECTION AND RESTORATION ACTIVITIES

2.1.   Restoration of wetlands

Description of the activity

Restoration of wetlands refers to economic activities that promote a return to original conditions of wetlands and economic activities that improve wetland functions without necessarily promoting a return to pre-disturbance conditions, with wetlands meaning land matching the international definition of wetland (64) or of peatland (65) as set out in the Convention on Wetlands of International Importance especially as Waterfowl Habitat (Ramsar Convention) (66). The concerned area matches the Union definition of wetlands, as provided in the Commission Communication on the wise use and conservation of wetlands (67).

The economic activities in this category have no dedicated NACE code as referred to in the statistical classification of economic activities established by Regulation (EC) No 1893/2006, but relate to class 6 of the statistical classification of environmental protection activities (CEPA) established by Regulation (EU) No 691/2011 of the European Parliament and of the Council (68).

Technical screening criteria

Substantial contribution to climate change mitigation

1.   Restoration plan

1.1.

The area is covered by a restoration plan, which is consistent with the Ramsar Convention’s principles and guidelines on wetland restoration (69), until the area is classified as a wetland and is covered by a wetland management plan, consistent with the Ramsar Convention’s guidelines for management planning for Ramsar sites and other wetlands (70). For peatlands, the restoration plan follows the recommendations contained in relevant resolutions of the Ramsar Convention, including the resolution XIII/13.

1.2.

The restoration plan contains careful consideration of local hydrological and pedological conditions, including the dynamics of soil saturation and the change of aerobic and anaerobic conditions.

1.3.

All wetland management relevant DNSH criteria are addressed in the restoration plan.

1.4.

The restoration plan provides for monitoring which ensures the correctness of the information contained in the plan, in particular as regards the data relating to the involved area.

2.   Climate benefit analysis

2.1.

The activity complies with the following criteria:

(a)

the climate benefit analysis demonstrates that the net balance of GHG emissions and removals generated by the activity over a period of 30 years after the beginning of the activity is lower than a baseline, corresponding to the balance of GHG emissions and removals over a period of 30 years starting at the beginning of the activity, associated to the business-as-usual practices that would have occurred on the involved area in the absence of the activity;

(b)

the projected long-term average net GHG balance of the activity is lower than the long-term average GHG balance projected for the baseline, referred to in point 2.2, where long term corresponds to 100 years.

2.2.

The calculation of climate benefit complies with all of the following criteria:

(a)

the analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories (71). In particular, if the wetland definition used in that analysis differs from the wetland definition used in the national GHG inventory, the analysis includes an identification of the different land categories covered by the involved area. The climate benefit analysis is based on transparent, accurate, consistent, complete and comparable information, covers all carbon pools impacted by the activity, including above-ground biomass, below-ground biomass, deadwood, litter and soil, relies on the most conservative assumptions for calculations and includes appropriate considerations about the risks of non-permanence and reversals of carbon sequestration, the risk of saturation and the risk of leakage. For coastal wetlands, climate benefit analysis considers projections of expected relative sea level rise and the potential that the wetlands will migrate;

(b)

the business-as-usual practices, including harvesting practices, are one of the following:

(i)

the management practices as documented before the start of the activity, if any;

(ii)

the most recent business-as-usual practices prior to the start of the activity.

(c)

the resolution of the analysis is proportionate to the size of the area concerned and values specific to the area concerned are used;

(d)

emissions and removals that occur due to natural disturbances, such as pests and diseases infestations, fires, wind, storm damages, that impact the area and cause underperformance do not result in non-compliance with the criteria of Regulation (EU) 2020/852, provided that the climate benefit analysis is consistent with the 2019 Refinement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories regarding emissions and removals due to natural disturbances.

4.   Guarantee of permanence

4.1.

In accordance with national law, the wetland status of the area in which the activity takes place is guaranteed by one of the following measures:

(a)

the area is designated to be retained as wetland and may not be converted to other land use;

(b)

the area is classified as a protected area;

(c)

the area is the subject of any legal or contractual guarantee ensuring that it will remain a wetland.

4.2.

In accordance with the national law, the operator of the activity commits that future updates to the restoration plan, beyond the activity that is financed, will continue to seek the climate benefits as determined in point 2. Besides, the operator of the activity commits to compensate any reduction in the climate benefit determined in point 2 with an equivalent climate benefit resulting from the conduct of an activity that corresponds to one of the environmental protection and restoration activities defined in this Regulation.

5.   Audit

Within two years after the beginning of the activity and every 10 years thereafter, the compliance of the activity with the substantial contribution to climate change mitigation criteria and with the DNSH criteria are verified by either of the following:

(a)

the relevant national competent authorities;

(b)

an independent third-party certifier, at the request of national authorities or the operator of the activity.

In order to reduce costs, audits may be performed together with any forest certification, climate certification or other audit.

The independent third-party certifier may not have any conflict of interest with the owner or the funder, and may not be involved in the development or operation of the activity.

6.   Group assessment

The compliance with the criteria for substantial contribution to climate change mitigation and with DNSH criteria may be checked at the level of a group of holdings sufficiently homogeneous to evaluate the risk of the sustainability of the forest activity, provided that all those holdings have a durable relationship between them and participate in the activity and the group of those holdings remains the same for all subsequent audits.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

Peat extraction is minimised.

(5)

Pollution prevention and control

The use of pesticides is minimised and alternative approaches or techniques, which may include non-chemical alternatives to pesticides are favoured, in accordance with Directive 2009/128/EC, with exception of occasions where the use of pesticides is needed to control outbreaks of pests and diseases.

The activity minimises the use of fertilisers and does not use manure. The activity complies with Regulation (EU) 2019/1009 or national rules on fertilisers or soil improvers for agricultural use.

Well documented and verifiable measures are taken to avoid the use of active ingredients that are listed in Annex I, part A, of Regulation (EU) 2019/1021 (72), the Rotterdam Convention on the prior informed consent procedure for certain hazardous chemicals and pesticides in international trade, the Minamata Convention on Mercury, the Montreal Protocol on Substances that Deplete the Ozone Layer, and of active ingredients that are listed as classification Ia (‘extremely hazardous’) or Ib (‘highly hazardous’) in the WHO recommended Classification of Pesticides by Hazard (73). The activity complies with the relevant national implementing law on active ingredients.

Pollution of water and soil is prevented and cleaning up measures are undertaken when pollution occurs.

(6)

Protection and restoration of biodiversity and ecosystems

In areas designated by the national competent authority for conservation or in habitats that are protected, the activity is in accordance with the conservation objectives for those areas.

There is no conversion of habitats specifically sensitive to biodiversity loss or with high conservation value, or of areas set aside for the restoration of such habitats in accordance with national law.

The plan referred to in point 1 (Restoration plan) of this Section includes provisions for maintaining and possibly enhancing biodiversity in accordance with national and local provisions, including the following:

(a)

ensuring the good conservation status of habitat and species, maintenance of typical habitat species;

(b)

excluding the use or release of invasive species.

3.   MANUFACTURING

3.1.   Manufacture of renewable energy technologies

Description of the activity

Manufacture of renewable energy technologies, where renewable energy is defined in Article 2(1) of Directive (EU) 2018/2001.

The economic activities in this category could be associated with several NACE codes, in particular C25, C27, C28 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures renewable energy technologies.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and re-used components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

waste management that prioritises recycling over disposal, in the manufacturing process;

(d)

information on and traceability of substances of concern throughout the lifecycle of the manufactured products.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.2.   Manufacture of equipment for the production and use of hydrogen

Description of the activity

Manufacture of equipment for the production and use of hydrogen.

The economic activities in this category could be associated with several NACE codes, in particular C25, C27, C28, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures equipment for the production of hydrogen compliant with the Technical Screening Criteria set out in Section 3.10 of this Annex and equipment for the use of hydrogen.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and re-used components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

waste management that prioritises recycling over disposal, in the manufacturing process;

(d)

information on and traceability of substances of concern throughout the life cycle of the manufactured products.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.3.   Manufacture of low carbon technologies for transport

Description of the activity

Manufacture, repair, maintenance, retrofitting, repurposing and upgrade of low carbon transport vehicles, rolling stock and vessels.

The economic activities in this category could be associated with several NACE codes, in particular C29.1, C30.1, C30.2, C30.9, C33.15, C33.17 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures, repairs, maintains, retrofits (74), repurposes or upgrades:

(a)

trains, passenger coaches and wagons that have zero direct (tailpipe) CO2 emissions;

(b)

trains, passenger coaches and wagons that have zero direct tailpipe CO2 emission when operated on a track with necessary infrastructure, and use a conventional engine where such infrastructure is not available (bimode);

(c)

urban, suburban and road passenger transport devices, where the direct (tailpipe) CO2 emissions of the vehicles are zero;

(d)

until 31 December 2025, vehicles designated as categories M2 and M3 (75) that have a type of bodywork classified as ‘CA’ (single-deck vehicle), ‘CB’ (double-deck vehicle), ‘CC’ (single-deck articulated vehicle) or ‘CD’ (double-deck articulated vehicle) (76), and comply with the latest EURO VI standard, i.e. both with the requirements of Regulation (EC) No 595/2009 of the European Parliament and of the Council (77) and, from the time of the entry into force of amendments to that Regulation, in those amending acts, even before they become applicable, and with the latest step of the Euro VI standard set out in Table 1 of Appendix 9 to Annex I to Commission Regulation (EU) No 582/2011 (78) where the provisions governing that step have entered into force but have not yet become applicable for this type of vehicle (79). Where such standard is not available, the direct CO2 emissions of the vehicles are zero;

(e)

personal mobility devices with a propulsion that comes from the physical activity of the user, from a zero-emissions motor, or a mix of zero-emissions motor and physical activity;

(f)

vehicles of category M1 and N1 classified as light-duty vehicles (80) with:

(i)

until 31 December 2025: specific emissions of CO2, as defined in Article 3(1), point (h), of Regulation (EU) 2019/631 of the European Parliament and of the Council (81), lower than 50 g CO2/km (low- and zero-emission light-duty vehicles);

(ii)

from 1 January 2026: specific emissions of CO2, as defined in Article 3(1), point (h), of Regulation (EU) 2019/631, are zero;

(g)

vehicles of category L (82) with tailpipe CO2 emissions equal to 0 g CO2e/km calculated in accordance with the emission test laid down in Regulation (EU) 168/2013 of the European Parliament and of the Council (83);

(h)

vehicles of categories N2 and N3, and N1 classified as heavy-duty vehicles, not dedicated to transporting fossil fuels with a technically permissible maximum laden mass not exceeding 7,5 tonnes that are ‘zero-emission heavy-duty vehicles’ as defined in Article 3, point (11), of Regulation (EU) 2019/1242 of the European Parliament and of the Council (84);

(i)

vehicles of categories N2 and N3 not dedicated to transporting fossil fuels with a technically permissible maximum laden mass exceeding 7,5 tonnes that are zero-emission heavy-duty vehicles’, as defined in Article 3, point (11), of Regulation (EU) 2019/1242 or ‘low-emission heavy-duty vehicles’ as defined in Article 3, point (12) of that Regulation;

(j)

inland passenger water transport vessels that:

(i)

have zero direct (tailpipe) CO2 emissions;

(ii)

until 31 December 2025, are hybrid and dual fuel vessels using at least 50 % of their energy from zero direct (tailpipe) CO2 emission fuels or plug-in power for their normal operation;

(k)

inland freight water transport vessels, not dedicated to transporting fossil fuels, that:

(i)

have zero direct (tailpipe) CO2 emission;

(ii)

until 31 December 2025, have direct (tailpipe) emissions of CO2 per tonne kilometre (g CO2/tkm), calculated (or estimated in case of new vessels) using the Energy Efficiency Operational Indicator (85), 50 % lower than the average reference value for emissions of CO2 defined for heavy duty vehicles (vehicle subgroup 5-LH) in accordance with Article 11 of Regulation (EU) 2019/1242;

(l)

sea and coastal freight water transport vessels, vessels for port operations and auxiliary activities, that are not dedicated to transporting fossil fuels, that:

(i)

have zero direct (tailpipe) CO2 emissions;

(ii)

until 31 December 2025, are hybrid and dual fuel vessels that derive at least 25 % of their energy from zero direct (tailpipe) CO2 emission fuels or plug-in power for their normal operation at sea and in ports;

(iii)

until 31 December 2025, and only where it can be proved that the vessels are used exclusively for operating coastal and short sea services designed to enable modal shift of freight currently transported by land to sea, the vessels that have direct (tailpipe) CO2 emissions, calculated using the International Maritime Organization (IMO) Energy Efficiency Design Index (EEDI) (86), 50 % lower than the average reference CO2 emissions value defined for heavy duty vehicles (vehicle subgroup 5-LH) in accordance with Article 11 of Regulation (EU) 2019/1242;

(iv)

until 31 December 2025, the vessels have an attained Energy Efficiency Design Index (EEDI) value 10 % below the EEDI requirements applicable on 1 April 2022 (87) if the vessels are able to run on zero direct (tailpipe) CO2 emission fuels or on fuels from renewable sources (88);

(m)

sea and coastal passenger water transport vessels, not dedicated to transporting fossil fuels, that:

(i)

have zero direct (tailpipe) CO2 emissions;

(ii)

until 31 December 2025, hybrid and dual fuel vessels derive at least 25 % of their energy from zero direct (tailpipe) CO2 emission fuels or plug-in power for their normal operation at sea and in ports;

(iii)

until 31 December 2025, the vessels have an attained Energy Efficiency Design Index (EEDI) value 10 % below the EEDI requirements applicable on 1 April 2022 if the vessels are able to run on zero direct (tailpipe) CO2 emission fuels or on fuels from renewable sources (89).

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and re-used components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

waste management that prioritises recycling over disposal, in the manufacturing process;

(d)

information on and traceability of substances of concern throughout the life cycle of the manufactured products.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Where applicable, vehicles do not contain lead, mercury, hexavalent chromium and cadmium, in accordance with Directive 2000/53/EC of the European Parliament and of the Council (90).

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.4.   Manufacture of batteries

Description of the activity

Manufacture of rechargeable batteries, battery packs and accumulators for transport, stationary and off-grid energy storage and other industrial applications. Manufacture of respective components (battery active materials, battery cells, casings and electronic components).

Recycling of end-of-life batteries.

The economic activities in this category could be associated with NACE code C27.2 and E38.32 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures rechargeable batteries, battery packs and accumulators (and their respective components), including from secondary raw materials, that result in substantial GHG emission reductions in transport, stationary and off-grid energy storage and other industrial applications.

The economic activity recycles end-of-life batteries.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

For manufacturing of new batteries, components and materials, the activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and reused components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

information on and traceability of substances of concern throughout the life cycle of the manufactured products.

Recycling processes meet the conditions set out in Article 12 of Directive 2006/66/EC of the European Parliament and of the Council (91) and in Annex III, Part B, to that Directive, including the use of the latest relevant Best Available Techniques, the achievement of the efficiencies specified for lead-acid batteries, nickel-cadmium batteries and for other chemistries. These processes ensure the recycling of the metal content to the highest degree that is technically feasible while avoiding excessive costs.

Where applicable, facilities carrying out recycling processes meet the requirements laid down in Directive 2010/75/EU of the European Parliament and of the Council (92).

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Batteries comply with the applicable sustainability rules on the placing on the market of batteries in the Union, including restrictions on the use of hazardous substances in batteries, including Regulation (EC) No 1907/2006 of the European Parliament and of the Council (93) and Directive 2006/66/EC.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.5.   Manufacture of energy efficiency equipment for buildings

Description of the activity

Manufacture of energy efficiency equipment for buildings.

The economic activities in this category could be associated with several NACE codes, in particular C16.23, C23.11, C23.20, C23.31, C23.32, C23.43, C.23.61, C25.11, C25.12, C25.21, C25.29, C25.93, C27.31, C27.32, C27.33, C27.40, C27.51, C28.11, C28.12, C28.13, C28.14, in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures one or more of the following products and their key components (94):

(a)

windows with U-value lower or equal to 1,0 W/m2K;

(b)

doors with U-value lower or equal to 1,2 W/m2K;

(c)

external wall systems with U-value lower or equal to 0,5 W/m2K;

(d)

roofing systems with U-value lower or equal to 0,3 W/m2K;

(e)

insulating products with a lambda value lower or equal to 0,06 W/mK;

(f)

household appliances falling into the highest two populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 of the European Parliament and of the Council (95) and delegated acts adopted under that Regulation;

(g)

light sources rated in the highest two populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 and delegated acts adopted under that Regulation;

(h)

space heating and domestic hot water systems rated in the highest two populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 and delegated acts adopted under that Regulation;

(i)

cooling and ventilation systems rated in the highest two populated classes of energy efficiency in accordance with Regulation (EU) 2017/1369 and delegated acts adopted under that Regulation;

(j)

presence and daylight controls for lighting systems;

(k)

heat pumps compliant with the technical screening criteria set out in Section 4.16 of this Annex;

(l)

façade and roofing elements with a solar shading or solar control function, including those that support the growing of vegetation;

(m)

energy-efficient building automation and control systems for residential and non-residential buildings;

(n)

zoned thermostats and devices for the smart monitoring of the main electricity loads or heat loads for buildings, and sensoring equipment;

(o)

products for heat metering and thermostatic controls for individual homes connected to district heating systems, for individual flats connected to central heating systems serving a whole building, and for central heating systems;

(p)

district heating exchangers and substations compliant with the district heating/cooling distribution activity set out in Section 4.15 of this Annex;

(q)

products for smart monitoring and regulating of heating system, and sensoring equipment.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and reused components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

waste management that prioritises recycling over disposal, in the manufacturing process;

(d)

information on and traceability of substances of concern throughout the life cycle of the manufactured products.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.6.   Manufacture of other low carbon technologies

Description of the activity

Manufacture of technologies aimed at substantial GHG emission reductions in other sectors of the economy, where those technologies are not covered in Sections 3.1 to 3.5 of this Annex.

The economic activities in this category could be associated with several NACE codes, in particular from C22, C25, C26, C27 and C28 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is an enabling activity in accordance with Article 10(1), point (i), of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The economic activity manufactures technologies that are aimed at and demonstrate substantial life-cycle GHG emission savings compared to the best performing alternative technology/product/solution available on the market.

Life-cycle GHG emission savings are calculated using Commission Recommendation 2013/179/EU (96) or, alternatively, ISO 14067:2018 (97) or ISO 14064-1:2018 (98).

Quantified life-cycle GHG emission savings are verified by an independent third party.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses the availability of and, where feasible, adopts techniques that support:

(a)

reuse and use of secondary raw materials and reused components in products manufactured;

(b)

design for high durability, recyclability, easy disassembly and adaptability of products manufactured;

(c)

waste management that prioritises recycling over disposal, in the manufacturing process;

(d)

information on and traceability of substances of concern throughout the life cycle of the manufactured products.

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.7.   Manufacture of cement

Description of the activity

Manufacture of cement clinker, cement or alternative binder.

The economic activities in this category could be associated with NACE code C23.51 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity manufactures one of the following:

(a)

grey cement clinker where the specific GHG emissions (99) are lower than 0,722 (100) tCO2e per tonne of grey cement clinker;

(b)

cement from grey clinker or alternative hydraulic binder, where the specific GHG emissions (101) from the clinker and cement or alternative binder production are lower than 0,469 (102) tCO2e per tonne of cement or alternative binder manufactured.

Where CO2 that would otherwise be emitted from the manufacturing process is captured for the purpose of underground storage, the CO2 is transported and stored underground, in accordance with the technical screening criteria set out in Sections 5.11 and 5.12 of this Annex.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for the production of cement, lime and magnesium oxide (103).

No significant cross-media effects occur (104).

For manufacture of cement employing hazardous wastes as alternative fuels, measures are in place to ensure the safe handling of waste.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.8.   Manufacture of aluminium

Description of the activity

Manufacture of aluminium through primary alumina (bauxite) process or secondary aluminium recycling.

The economic activities in this category could be associated with NACE code C24.42, C24.53 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity manufactures one of the following:

(a)

primary aluminium where the economic activity complies with two of the following criteria until 2025 and with all of the following criteria (105) after 2025:

(i)

the GHG emissions (106) do not exceed 1,484 (107) tCO2e per ton of aluminium manufactured (108):

(ii)

the average carbon intensity for the indirect GHG emissions (109) does not exceed 100 g CO2e/kWh;

(iii)

the electricity consumption for the manufacturing process does not exceed 15,5 MWh/t Al.

(b)

secondary aluminium.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for the non-ferrous metals industries (110). No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.9.   Manufacture of iron and steel

Description of the activity

Manufacture of iron and steel.

The economic activities in this category could be associated with several NACE codes, in particular C24.10, C24.20, C24.31, C24.32, C24.33, C24.34, C24.51 and C24.52 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity manufactures one of the following:

(a)

iron and steel where GHG emissions (111), reduced by the amount of emissions assigned to the production of waste gases in accordance with point 10.1.5(a) of Annex VII to Regulation (EU) 2019/331 do not exceed the following values applied to the different manufacturing process steps:

(i)

hot metal = 1,331 (112) tCO2e/t product;

(ii)

sintered ore = 0,163 (113) tCO2e/t product;

(iii)

coke (excluding lignite coke) = 0,144 (114) tCO2e/t product;

(iv)

iron casting = 0,299 (115) tCO2e/t product;

(v)

electric Arc Furnace (EAF) high alloy steel = 0,266 (116) tCO2e/t product;

(vi)

electric Arc Furnace (EAF) carbon steel = 0,209 (117) tCO2e/t product.

(b)

steel in electric arc furnaces (EAFs) producing EAF carbon steel or EAF high alloy steel, as defined in Commission Delegated Regulation (EU) 2019/331 and where the steel scrap input relative to product output is not lower than:

(i)

70 % for the production of high alloy steel;

(ii)

90 % for the production of carbon steel.

Where the CO2 that would otherwise be emitted from the manufacturing process is captured for the purpose of underground storage, the CO2 is transported and stored underground, in accordance with the technical screening criteria set out in Sections 5.11 and 5.12 of this Annex.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for iron and steel production (118).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.10.   Manufacture of hydrogen

Description of the activity

Manufacture of hydrogen and hydrogen-based synthetic fuels.

The economic activities in this category could be associated with NACE code C20.11 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity complies with the life-cycle GHG emissions savings requirement of 73,4 % for hydrogen [resulting in life-cycle GHG emissions lower than 3tCO2e/tH2] and 70 % for hydrogen-based synthetic fuels relative to a fossil fuel comparator of 94 g CO2e/MJ in analogy to the approach set out in Article 25(2) of and Annex V to Directive (EU) 2018/2001.

Life-cycle GHG emissions savings are calculated using the methodology referred to in Article 28(5) of Directive (EU) 2018/2001 or, alternatively, using ISO 14067:2018 (119) or ISO 14064-1:2018 (120).

Quantified life-cycle GHG emission savings are verified in line with Article 30 of Directive (EU) 2018/2001 where applicable, or by an independent third party.

Where the CO2 that would otherwise be emitted from the manufacturing process is captured for the purpose of underground storage, the CO2 is transported and stored underground, in accordance with the technical screening criteria set out in Sections 5.11 and 5.12, respectively, of this Annex.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the relevant best available techniques (BAT) conclusions, including:

(a)

the best available techniques (BAT) conclusions for the production of chlor-alkali (121) and the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (122);

(b)

the best available techniques (BAT) conclusions for the refining of mineral oil and gas (123).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.11.   Manufacture of carbon black

Description of the activity

Manufacture of carbon black.

The economic activities in this category could be associated with NACE code C20.13 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

GHG emissions (124) from the carbon black production processes are lower than 1,141 (125) tCO2e per tonne of product.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including:

(a)

the Best Available Techniques Reference Document (BREF) for the Large Volume Inorganic Chemicals – Solids and Others industry (126);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (127).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.12.   Manufacture of soda ash

Description of the activity

Manufacture of disodium carbonate (soda ash, sodium carbonate, carbonic acid disodium salt).

The economic activities in this category could be associated with NACE code C20.13 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

GHG emissions (128) from the soda ash production processes are lower than 0,789 (129) tCO2e per tonne of product.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including:

(a)

the Best Available Techniques Reference Document (BREF) for the Large Volume Inorganic Chemicals – Solids and Others industry (130);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (131).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.13.   Manufacture of chlorine

Description of the activity

Manufacture of chlorine.

The economic activities in this category could be associated with NACE code C20.13 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

Electricity consumption for electrolysis and chlorine treatment is equal or lower than 2.45 MWh per tonne of chlorine.

Average life-cycle GHG emissions of the electricity used for chlorine production is at or lower than 100 g CO2e/kWh.

Life-cycle GHG emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (132) or ISO 14064-1:2018 (133).

Quantified life-cycle GHG emissions are verified by an independent third party.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including:

(a)

the best available techniques (BAT) conclusions for the production of chlor-alkali (134);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (135).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.14.   Manufacture of organic basic chemicals

Description of the activity

Manufacture of:

(a)

high value chemicals (HVC):

(i)

acetylene;

(ii)

ethylene;

(iii)

propylene;

(iv)

butadiene.

(b)

Aromatics:

(i)

mixed alkylbenzenes, mixed alkylnaphthalenes other than HS 2707 or 2902;

(ii)

cyclohexane;

(iii)

benzene;

(iv)

toluene;

(v)

o-Xylene;

(vi)

p-Xylene;

(vii)

m-Xylene and mixed xylene isomers;

(viii)

ethylbenzene;

(ix)

cumene;

(x)

biphenyl, terphenyls, vinyltoluenes, other cyclic hydrocarbons excluding cyclanes, cyclenes, cycloterpenes, benzene, toluene, xylenes, styrene, ethylbenzene, cumene, naphthalene, anthracene;

(xi)

benzol (benzene), toluol (toluene) and xylol (xylenes)

(xii)

naphthalene and other aromatic hydrocarbon mixtures (excluding benzole, toluole, xylole).

(c)

vinyl chloride;

(d)

styrene;

(e)

ethylene oxide;

(f)

monoethylene glycol;

(g)

adipic acid.

The economic activities in this category could be associated with NACE code C20.14 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

GHG emissions (136) from the organic basic chemicals production processes are lower than:

(a)

for HVC: 0,693 (137) tCO2e/t of HVC;

(b)

for aromatics: 0,0072 (138) tCO2e/t of complex weighted throughput;

(c)

for vinyl chloride: 0,171 (139) tCO2e/t of vinyl chloride;

(d)

for styrene: 0,419 (140) tCO2e/t of styrene;

(e)

for ethylene oxide/ethylene glycols: 0,314 (141) tCO2e/t of ethylene oxide/glycol;

(f)

for adipic acid: 0,32 (142) tCO2e /t of adipic acid.

Where the organic chemicals in scope are produced wholly or partially from renewable feedstock, the life-cycle GHG emissions of the manufactured chemical, manufactured wholly or partially from renewable feedstock, are lower than the life-cycle GHG emissions of the equivalent chemical manufactured from fossil fuel feedstock.

Life-cycle GHG emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (143) or ISO 14064-1:2018 (144).

Quantified life-cycle GHG emissions are verified by an independent third party.

Agricultural biomass used for the manufacture of organic basic chemicals complies with the criteria laid down in Article 29, paragraphs 2 to 5 of Directive (EU) 2018/2001. Forest biomass used for the manufacture of organic basic chemicals complies with the criteria laid down in Article 29, paragraphs 6 and 7 of that Directive.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in relevant best available techniques (BAT) conclusions, including:

(a)

the best available techniques (BAT) conclusions for the production of large volumes organic chemicals (145);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (146).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.15.   Manufacture of anhydrous ammonia

Description of the activity

Manufacture of anhydrous ammonia.

The economic activities in this category could be associated with NACE code C20.15 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity complies with one of the following criteria:

(a)

ammonia is produced from hydrogen that complies with the technical screening criteria set out in Section 3.10 of this Annex (Manufacturing of hydrogen);

(b)

ammonia is recovered from waste water.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including:

(a)

the Best Available Techniques Reference Document (BREF) for the manufacture of Large Volume Inorganic Chemicals - Ammonia, Acids and Fertilisers (147);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (148).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.16.   Manufacture of nitric acid

Description of the activity

Manufacture of nitric acid.

The economic activities in this category could be associated with NACE code C20.15 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

GHG emissions (149) from the manufacture of nitric acid are lower than 0,038 (150) tCO2e per tonne of nitric acid.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including:

(a)

the Best Available Techniques Reference Document (BREF) for the manufacture of Large Volume Inorganic Chemicals - Ammonia, Acids and Fertilisers (151);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (152).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

3.17.   Manufacture of plastics in primary form

Description of the activity

Manufacture resins, plastics materials and non-vulcanisable thermoplastic elastomers, the mixing and blending of resins on a custom basis, as well as the manufacture of non-customised synthetic resins.

The economic activities in this category could be associated with NACE code C20.16 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

An economic activity in this category is a transitional activity as referred to in Article 10(2) of Regulation (EU) 2020/852 where it complies with the technical screening criteria set out in this Section.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity complies with one of the following criteria:

(a)

the plastic in primary form is fully manufactured by mechanical recycling of plastic waste;

(b)

where mechanical recycling is not technically feasible or economically viable, the plastic in primary form is fully manufactured by chemical recycling of plastic waste and the life-cycle GHG emissions of the manufactured plastic, excluding any calculated credits from the production of fuels, are lower than the life-cycle GHG emissions of the equivalent plastic in primary form manufactured from fossil fuel feedstock. Life-cycle GHG emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (153) or ISO 14064-1:2018 (154). Quantified life-cycle GHG emissions are verified by an independent third party.

(c)

derived wholly or partially from renewable feedstock (155) and its life-cycle GHG emissions are lower than the life-cycle GHG emissions of the equivalent plastics in primary form manufactured from fossil fuel feedstock. Life-cycle GHG emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018. Quantified life-cycle GHG emissions are verified by an independent third party.

Agricultural biomass used for the manufacture of plastics in its primary form complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used for the manufacture of plastics in its primary form complies with the criteria laid down in Article 29, paragraphs 6 and 7, of that Directive.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

The activity complies with the criteria set out in Appendix C to this Annex.

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in relevant best available techniques (BAT) conclusions, including:

(a)

the Best Available Techniques Reference Document (BREF) for the Production of Polymers (156);

(b)

the best available techniques (BAT) conclusions for common waste water and waste gas treatment/management systems in the chemical sector (157).

No significant cross-media effects occur.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.   ENERGY

4.1.   Electricity generation using solar photovoltaic technology

Description of the activity

Construction or operation of electricity generation facilities that produce electricity using solar photovoltaic (PV) technology.

Where an economic activity is an integral element of the ‘Installation, maintenance and repair of renewable energy technologies’ as referred to in Section 7.6 of this Annex, the technical screening criteria specified in Section 7.6 apply.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity generates electricity using solar PV technology.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

N/A

(4)

Transition to a circular economy

The activity assesses availability of and, where feasible, uses equipment and components of high durability and recyclability and that are easy to dismantle and refurbish.

(5)

Pollution prevention and control

N/A

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.2.   Electricity generation using concentrated solar power (CSP) technology

Description of the activity

Construction or operation of electricity generation facilities that produce electricity using concentrated solar power (CSP) technology.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity generates electricity using CSP technology.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

The activity assesses availability of and, where feasible, uses equipment and components of high durability and recyclability and that are easy to dismantle and refurbish.

(5)

Pollution prevention and control

N/A

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.3.   Electricity generation from wind power

Description of the activity

Construction or operation of electricity generation facilities that produce electricity from wind power.

Where an economic activity is an integral element of the ‘Installation, maintenance and repair of renewable energy technologies’ as referred to in Section 7.6 of this Annex, the technical screening criteria specified in Section 7.6 apply.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity generates electricity from wind power.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

In case of construction of offshore wind, the activity does not hamper the achievement of good environmental status as set out in Directive 2008/56/EC of the European Parliament and of the Council (158), requiring that the appropriate measures are taken to prevent or mitigate impacts in relation to that Directive’s Descriptor 11 (Noise/Energy), laid down in Annex I to that Directive, and as set out in Commission Decision (EU) 2017/848 (159) in relation to the relevant criteria and methodological standards for that descriptor.

(4)

Transition to a circular economy

The activity assesses availability of and, where feasible, uses equipment and components of high durability and recyclability and that are easy to dismantle and refurbish.

(5)

Pollution prevention and control

N/A

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex (160).

In case of offshore wind, the activity does not hamper the achievement of good environmental status as set out in Directive 2008/56/EC, requiring that the appropriate measures are taken to prevent or mitigate impacts in relation to that Directive’s Descriptors 1 (biodiversity) and 6 (seabed integrity), laid down in Annex I to that Directive, and as set out in Decision (EU) 2017/848 in relation to the relevant criteria and methodological standards for those descriptors.

4.4.   Electricity generation from ocean energy technologies

Description of the activity

Construction or operation of electricity generation facilities that produce electricity from ocean energy.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity generates electricity from ocean energy.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity does not hamper the achievement of good environmental status, as set out in Directive 2008/56/EC, requiring that the appropriate measures are taken to prevent or mitigate impacts in relation to that Directive’s Descriptor 11 (Noise/Energy), laid down in Annex I to that Directive, and as set out in Decision (EU) 2017/848 in relation to the relevant criteria and methodological standards for that descriptor.

(4)

Transition to a circular economy

The activity assesses availability of and, where feasible, uses equipment and components of high durability and recyclability and that are easy to dismantle and refurbish.

(5)

Pollution prevention and control

Measures are in place to minimise toxicity of anti-fouling paint and biocides as laid down in Regulation (EU) No 528/2012 of the European Parliament and of the Council (161), which implements in Union law the International Convention on the Control of Harmful Anti-fouling Systems on Ships adopted on 5 October 2001.

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

The activity does not hamper the achievement of good environmental status, as set out in Directive 2008/56/EC, requiring that the appropriate measures are taken to prevent or mitigate impacts in relation to that Directive’s Descriptor 1 (biodiversity), laid down in Annex I to that Directive, and as set out in Decision (EU) 2017/848 in relation to the relevant criteria and methodological standards for that descriptor.

4.5.   Electricity generation from hydropower

Description of the activity

Construction or operation of electricity generation facilities that produce electricity from hydropower.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

The activity complies with either of the following criteria:

(a)

the electricity generation facility is a run-of-river plant and does not have an artificial reservoir;

(b)

the power density of the electricity generation facility is above 5 W/m2;

(c)

the life-cycle GHG emissions from the generation of electricity from hydropower, are lower than 100 g CO2e/kWh. The life-cycle GHG emissions are calculated using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (162), ISO 14064-1:2018 (163) or the G-res tool (164). Quantified life-cycle GHG emissions are verified by an independent third party.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

1.

The activity complies with the provisions of Directive 2000/60/EC, in particular with all the requirements laid down in Article 4 of the Directive.

2.

For operation of existing hydropower plants, including refurbishment activities to enhance renewable energy or energy storage potential, the activity complies with the following criteria:

2.1.

In accordance with Directive 2000/60/EC and in particular Articles 4 and 11 of that Directive, all technically feasible and ecologically relevant mitigation measures have been implemented to reduce adverse impacts on water as well as on protected habitats and species directly dependent on water.

2.2.

Measures include, where relevant and depending on the ecosystems naturally present in the affected water bodies:

(a)

measures to ensure downstream and upstream fish migration (such as fish friendly turbines, fish guidance structures, state-of-the-art fully functional fish passes, measures to stop or minimise operation and discharges during migration or spawning);

(b)

measures to ensure minimum ecological flow (including mitigation of rapid, short-term variations in flow or hydro-peaking operations) and sediment flow;

(c)

measures to protect or enhance habitats.

2.3.

The effectiveness of those measures is monitored in the context of the authorisation or permit setting out the conditions aimed at achieving good status or potential of the affected water body.

3.

For construction of new hydropower plants, the activity complies with the following criteria:

3.1.

In accordance with Article 4 of Directive 2000/60/EC and in particular paragraph 7 of that Article, prior to construction, an impact assessment of the project is carried out to assess all its potential impacts on the status of water bodies within the same river basin and on protected habitats and species directly dependent on water, considering in particular migration corridors, free-flowing rivers or ecosystems close to undisturbed conditions.

The assessment is based on recent, comprehensive and accurate data, including monitoring data on biological quality elements that are specifically sensitive to hydromorphological alterations, and on the expected status of the water body as a result of the new activities, as compared to its current one.

It assesses in particular the cumulated impacts of this new project with other existing or planned infrastructure in the river basin.

3.2.

On the basis of that impact assessment, it has been established that the plant is conceived, by design and location and by mitigation measures, so that it complies with one of the following requirements:

(a)

the plant does not entail any deterioration nor compromises the achievement of good status or potential of the specific water body it relates to;

(b)

where the plant risks to deteriorate or compromise the achievement of good status/potential of the specific water body it relates to, such deterioration is not significant, and is justified by a detailed cost-benefit assessment demonstrating both of the following:

(i)

the reasons of overriding public interest or the fact that benefits expected from the planned hydropower plant outweigh the costs from deteriorating the status of water that are accruing to the environment and to society;

(ii)

the fact that the overriding public interest or the benefits expected from the plant cannot, for reasons of technical feasibility or disproportionate cost, be achieved by alternative means that would lead to a better environmental outcome (such as refurbishing of existing hydropower plants or use of technologies not disrupting river continuity).

3.3.

All technically feasible and ecologically relevant mitigation measures are implemented to reduce adverse impacts on water as well as on protected habitats and species directly dependent on water.

Mitigation measures include, where relevant and depending on the ecosystems naturally present in the affected water bodies:

(a)

measures to ensure downstream and upstream fish migration (such as fish friendly turbines, fish guidance structures, state-of the-art fully functional fish passes, measures to stop or minimise operation and discharges during migration or spawning);

(b)

measures to ensure minimum ecological flow (including mitigation of rapid, short-term variations in flow or hydro-peaking operations) and sediment flow;

(c)

measures to protect or enhance habitats.

The effectiveness of those measures is monitored in the context of the authorisation or permit setting out the conditions aimed at achieving good status or potential of the affected water body.

3.4.

The plant does not permanently compromise the achievement of good status/potential in any of the water bodies in the same river basin district.

3.5.

In addition to the mitigation measures referred to above, and where relevant, compensatory measures are implemented to ensure that the project does not increase the fragmentation of water bodies in the same river basin district. This is achieved by restoring continuity within the same river basin district to an extent that compensates the disruption of continuity, which the planned hydropower plant may cause. Compensation starts prior to the execution of the project.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

N/A

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex (165).

4.6.   Electricity generation from geothermal energy

Description of the activity

Construction or operation of electricity generation facilities that produce electricity from geothermal energy.

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

Life-cycle GHG emissions from the generation of electricity from geothermal energy are lower than 100 g CO2e/kWh. Life-cycle GHG emission savings are calculated using Commission Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 or ISO 14064-1:2018. Quantified life-cycle GHG emissions are verified by an independent third party.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

For the operation of high-enthalpy geothermal energy systems, adequate abatement systems are in place to reduce emission levels in order not to hamper the achievement of air quality limit values set out in Directive 2004/107/EC of the European Parliament and of the Council (166) and Directive 2008/50/EC of the European Parliament and of the Council (167).

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.7.   Electricity generation from renewable non-fossil gaseous and liquid fuels

Description of the activity

Construction or operation of electricity generation facilities that produce electricity using gaseous and liquid fuels of renewable origin. This activity does not include electricity generation from the exclusive use of biogas and bio-liquid fuels (see Section 4.8 of this Annex).

The economic activities in this category could be associated with several NACE codes, in particular D35.11 and F42.22 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

1.

Life-cycle GHG emissions from the generation of electricity using renewable gaseous and liquid fuels are lower than 100 g CO2e/kWh.

Life-cycle GHG emissions are calculated based on project-specific data, where available, using Recommendation 2013/179/EU or, alternatively, using ISO 14067:2018 (168) or ISO 14064-1:2018 (169).

Quantified life-cycle GHG emissions are verified by an independent third party.

2.

Where facilities incorporate any form of abatement (including carbon capture or use of decarbonised fuels), that abatement activity complies with the criteria set out in the relevant Section of this Annex, where applicable.

Where the CO2 that would otherwise be emitted from the electricity generation process is captured for the purpose of underground storage, the CO2 is transported and stored underground, in accordance with the technical screening criteria set out in Sections 5.11 and 5.12 of this Annex.

3.

The activity meets either of the following criteria:

(a)

at construction, measurement equipment for monitoring of physical emissions, such as methane leakage is installed or a leak detection and repair program is introduced;

(b)

at operation, physical measurement of methane emissions are reported and leak is eliminated.

4.

Where the activity blends renewable gaseous or liquid fuels with biogas or bioliquids, the agricultural biomass used for the production of the biogas or bioliquids complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001 while forest biomass complies with the criteria laid down in Article 29, paragraphs 6 and 7, of that Directive.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

Emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants (170). No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193 of the European Parliament and of the Council (171).

(6)

Protection and restoration of biodiversity and ecosystems

The activity complies with the criteria set out in Appendix D to this Annex.

4.8.   Electricity generation from bioenergy

Description of the activity

Construction and operation of electricity generation installations that produce electricity exclusively from biomass, biogas or bioliquids, excluding electricity generation from blending of renewable fuels with biogas or bioliquids (see Section 4.7 of this Annex).

The economic activities in this category could be associated with NACE code D35.11 in accordance with the statistical classification of economic activities established by Regulation (EC) No 1893/2006.

Technical screening criteria

Substantial contribution to climate change mitigation

1.

Agricultural biomass used in the activity complies with the criteria laid down in Article 29, paragraphs 2 to 5, of Directive (EU) 2018/2001. Forest biomass used in the activity complies with the criteria laid down in Article 29, paragraphs 6 and 7, of that Directive.

2.

The greenhouse gas emission savings from the use of biomass are at least 80 % in relation to the GHG saving methodology and the relative fossil fuel comparator set out in Annex VI to Directive (EU) 2018/2001.

3.

Where the installations rely on anaerobic digestion of organic material, the production of the digestate meets the criteria in Sections 5.6 and criteria 1 and 2 of Section 5.7 of this Annex, as applicable.

4.

Points 1 and 2 do not apply to electricity generation installations with a total rated thermal input below 2 MW and using gaseous biomass fuels.

5.

For electricity generation installations with a total rated thermal input from 50 to 100 MW, the activity applies high-efficiency cogeneration technology, or, for electricity-only installations, the activity meets an energy efficiency level associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants (172).

6.

For electricity generation installations with a total rated thermal input above 100 MW, the activity complies with one or more of the following criteria:

(a)

attains electrical efficiency of at least 36 %;

(b)

applies highly efficient CHP (combined heat and power) technology as referred to in Directive 2012/27/EU of the European Parliament and of the Council (173);

(c)

uses carbon capture and storage technology. Where the CO2 that would otherwise be emitted from the electricity generation process is captured for the purpose of underground storage, the CO2 is transported and stored underground in accordance with the technical screening criteria set out in Sections 5.11 and 5.12, respectively, of this Annex.

Do no significant harm (‘DNSH’)

(2)

Climate change adaptation

The activity complies with the criteria set out in Appendix A to this Annex.

(3)

Sustainable use and protection of water and marine resources

The activity complies with the criteria set out in Appendix B to this Annex.

(4)

Transition to a circular economy

N/A

(5)

Pollution prevention and control

For installations falling within the scope of Directive 2010/75/EU of the European Parliament and of the Council (174), emissions are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set out in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for large combustion plants (175). No significant cross-media effects occur.

For combustion plants with thermal input greater than 1 MW but below the thresholds for the BAT conclusions for large combustion plants to apply, emissions are below the emission limit values set out in Annex II, part 2, to Directive (EU) 2015/2193.

For plants in zones or parts of zones not complying with the air quality limit values laid down in Directive 2008/50/EC, measures are implemented to reduce emission levels taking into account the results of the information exchange (176) which are published by the Commission in accordance with Article 6, paragraphs 9 and 10, of Directive (EU) 2015/2193.

For anaerobic digestion of organic material, where the produced digestate is used as fertiliser or soil improver, either directly or after composting or any other treatment, it meets the requirements for fertilising materials set out in Component Material Categories (CMC) 4 and 5 in Annex II to Regulation (EU) 2019/1009 or national rules on fertilisers or soil improvers for agricultural use.

For anaerobic digestion plants treating over 100 tonnes per day, emissions to air and water are within or lower than the emission levels associated with the best available techniques (BAT-AEL) ranges set for anaerobic treatment of waste in the latest relevant best available techniques (BAT) conclusions, including the best available techniques (BAT) conclusions for waste treatment (177). No significant cross-media effects occur.