Certification for Carbon Removals and Carbon Storage Regulations 2026.

The Certification for Carbon Removals and Carbon Storage Regulations 2026, is subsidiary legislation made under section 13 of the Treaty on Gibraltar and the European Union Act 2026 to implement Article 219(4) of the Agreement concerning Gibraltar between the European Union, Euratom and the United Kingdom in respect of Gibraltar. The Regulations provide for the domestic application in Gibraltar of functions related to Regulation (EU) 2024/3012, which establishes a Union certification framework for permanent carbon removals, carbon farming and carbon storage in products. The instrument applies to functions concerning accreditation or recognition of certification bodies and schemes, supervision of certification bodies, enforcement of obligations arising under the EU framework, and activities taking place in Gibraltar, excluding carbon farming activities. The Regulations designate the Minister responsible for the Environment as the competent authority, with power to delegate functions or designate another authority by notice in the Gibraltar Gazette. The competent authority is responsible for recognising certification bodies, supervising their operation, enforcing obligations under the EU Regulation and these Regulations, issuing guidance, liaising with European Commission-recognised certification schemes, and making arrangements with authorities or accreditation bodies in the European Union or the United Kingdom. The instrument also requires action to ensure that carbon storage in product units are cancelled in the relevant certification registry, or in the Union registry once established, at the end of the monitoring period for the relevant activity. The Regulations establish procedures for recognising certification bodies and certification schemes, including requirements concerning technical competence, compliance with EU certification rules, transparency, complaints and appeals, certification registries and renewal of recognition. They provide for fees, information requests, non-conformity findings, enforcement notices, action by the competent authority to secure compliance or mitigate harm, and information notices. Offences are created for non-compliance with enforcement or information notices, obstruction, false or misleading statements, misuse or falsification of certificates or certified units, double issuance or use of certified units, and failure to keep different categories of units distinct. Penalties include fines and, for more serious offences, imprisonment for up to two years on conviction on indictment.