(1)

Directive 2003/87/EC was amended by Directive (EU) 2023/959 of the European Parliament and of the Council (2) in order to align it with Regulation (EU) 2021/1119 of the European Parliament and of the Council (3), which sets a target of at least 55 % net emission reductions by 2030 compared to 1990.

(2)

The criteria and requirements necessary for greenhouse gases to be considered permanently chemically bound in a product should be established.

(3)

Current capture and utilisation processes for permanent storage apply only to CO2 emissions, as other greenhouse gases, such as CH4 or N2O, do not require permanent storage for the mitigation of such emissions. As the chemical reactions during the utilisation process may lead to the chemical transformation of the CO2 molecule, carbon atoms that have become chemically bound should also be considered.

(4)

It is necessary to ensure that CO2 emissions that have become permanently chemically bound in a product provide a similar climate benefit as geological storage, while taking into account the different nature of these different approaches. Therefore, that CO2 should remain permanently chemically bound in a product for at least a period of several centuries or longer, based on the type of chemical bond and the normal use and the likely end-of-life treatment of the respective product.

(5)

Different normal use and end-of-life pathways for products made from captured CO2 will result in different likelihoods that the stored carbon embedded in a product is released. Releases can occur due to combustion, either as an integral part of product use, as is the case for synthetic fuels, or upon disposal, such as through waste incineration. In order to ensure that the carbon stored in a product remains permanently chemically bound and does not enter the atmosphere for a period of at least several centuries, the CO2 should be bound in products that are long-lived under any normal use and, under any normal end-of-life activity, are disposed of in a manner other than incineration, which would release the stored carbon in the atmosphere.

(6)

The chemical properties of mineral carbonates, such as calcium carbonate or magnesium carbonate, ensure strong chemical bonds that, unless exposed to elevated temperatures or strong acids, provide the possibility for the carbon to be considered permanently chemically bound. Therefore, mineral carbonation would result in the retention of carbon for exceptionally long times in carbonate rock, which would not be released to the atmosphere under normal conditions (4).

(7)

The conditions present in waste incinerators are sufficient for the decarbonation reaction to start. Therefore, carbon captured and utilised in products that have a significant share of end-of-life treatment through incineration should not be considered as permanently chemically bound.

(8)

Products based on mineral carbonates and used for construction products, such as aggregates, cement, concrete, bricks or tiles, are long-lived and may remain in use for decades to centuries. At the end-of-life stage, such products fall into the category of construction and demolition waste, in accordance with the List of Waste (5). According to the latest assessment by the Joint Research Centre of the European Commission (6), the Union average end-of-life treatment for the mineral fraction of construction and demolition waste consists of recycling (79 %), backfilling (10 %) and landfilling (11 %). Therefore, the captured CO2 that is utilised in the manufacture of mineral carbonates and used in construction products should be considered as permanently chemically bound in a product.

(9)

The list of products considered to meet the criteria laid out in Article 12(3b) of Directive 2003/87/EC should be reviewed and, if necessary, updated as necessary based on any relevant technological developments and innovation in the field of permanent carbon storage in products, improvements in monitoring, reporting and verification practices able to certify the permanence of storage, as well as the experience in implementing this Regulation,

(1)

‘capture’ means any technological process or procedure required to capture, and, if necessary, process or purify prior to utilisation, CO2 resulting from activities within the scope of Directive 2003/87/EC;

(2)

‘utilisation’ means any technological process or practice that makes use of captured CO2 as a feedstock for the manufacture of products;

(3)

‘chemically bound’ means that CO2 is chemically transformed so that the carbon atom is chemically fixated by strong bonds in a manner that prevents its global warming impact from occurring;

(4)

‘product’ means goods or materials, including intermediates and derivatives thereof, that utilise by chemically binding CO2 or carbon atoms derived from CO2;

(5)

‘construction product’ means any formed or formless physical item placed on the market for incorporation in a permanent manner into construction works or parts thereof;

(6)

‘normal use’ means any manner in which a product is expected to be typically utilised by the end user based on the characteristics of the product;

(7)

‘normal activity taking place after the end of the life of the product’ means any prevailing treatment of a product after it is discarded by the end user based on the relevant waste management practices and legislation in force.