Storage, monitoring and liability
Article 6
1. An operator or group of operators shall demonstrate that an activity stores carbon permanently or is aimed at storing carbon over the long-term. 2. For the purposes of paragraph 1, an operator or group of operators shall be: (a) subject to monitoring rules and rules on the mitigation of any identified risks of reversal occurring during the monitoring period; (b) liable to address any reversal of the carbon captured and stored by an activity which occurs during the monitoring period for that activity through appropriate liability mechanisms in accordance with the applicable certification methodologies set out in the delegated acts adopted pursuant to Article 8. 3. The monitoring rules referred to in paragraph 2, point (a), shall: (a) for permanent carbon removals, be consistent with the rules set out in Articles 13 to 16 of Directive 2009/31/EC; (b) for permanently chemically bound carbon in products, be consistent with the rules adopted pursuant to Article 12(3b) of Directive 2003/87/EC; (c) for carbon farming and carbon storage in products, be set out and duly justified in accordance with the rules laid down in the applicable certification methodologies set out in the delegated acts adopted pursuant to Article 8. 4. The liability mechanisms referred to in paragraph 2, point (b), shall: (a) for permanent carbon removals, be consistent with the rules set out in Articles 17 and 18 of Directive 2009/31/EC; (b) for permanently chemically bound carbon in products, be consistent with the rules adopted pursuant to Article 12(3b) of Directive 2003/87/EC; (c) for carbon farming and carbon storage in products, be set out and duly justified in the applicable certification methodologies set out in the delegated acts adopted pursuant to Article 8 and may include collective buffers or up-front insurance mechanisms. 5. The carbon removed and subsequently stored by a carbon removal activity shall be considered released into the atmosphere at the end of the monitoring period, unless that monitoring period is prolonged through a new certification of the activity or the carbon is stored permanently pursuant to paragraph 3, points (a) and (b), and paragraph 4, points (a) and (b). 6. Soil emission reduction activities shall be subject to appropriate monitoring rules and liability mechanisms as set out in the delegated acts adopted pursuant to Article 8.