Is the proposed delegation of power in line with Article 290 of the Treaty on the Functioning of the EU?
Commission Proposal for an EU Carbon Removal Certification Framework
In November 2022, the European Commission put forward a proposal for a regulation for a Carbon Removal Certification Framework (CRCF). The proposal includes various provisions that would empower the Commission to adopt delegated acts. Delegated acts are intended to specify a number of provisions of the regulation. This note examines whether the proposed provisions on delegation are in line with Article 290 of the Treaty on the Functioning of the EU (TFEU). We find that many of the provisions constitute essential elements of the regulation as they have the potential to modify the CRCFs scope.
The essential decisions, however, need to be made by the co-legislators.