Regulatory framework for carbon farming in the EU and its member states: a comparative legal study

The development of carbon farming represents a key legal and environmental priority in the context of the European Union’s goal of achieving climate neutrality by 2050. The relevance of this research lies in the growing recognition of agricultural practices that sequester carbon and reduce greenhouse gas emissions as integral components of climate-oriented land management and rural development strategies. The purpose of the article is to examine the legal nature of carbon farming within the EU’s regulatory system and to evaluate the prospects for its integration into Ukrainian legislation as a tool for sustainable agricultural development and legal harmonisation with the European Union. The study applies theoretical, legal and comparative methodologies, analysing Union’s primary and secondary legislation, policy instruments of its member states, and strategic planning documents governing environmental protection, agriculture and climate policy. The results reveal that carbon farming in the European Union has evolved from an abstract policy concept into a regulated institution supported by legal instruments such as the Common Agricultural Policy, the European Climate Law, and the newly adopted Carbon Removal Certification Framework. These instruments establish criteria for certification, monitoring, and reporting of carbon unit’s sequestration, while allowing member states to implement tailored national normative models. France, Spain, Germany, Poland, Italy and the Netherlands offer examples of diverse regulatory strategies, including registries, voluntary certification schemes and eco-incentive programmes. The practical value of the research lies in substantiating the need for Ukraine to develop a national legal framework for carbon farming. This includes the introduction of legal definitions, certification procedures, and market infrastructure for carbon units. Such measures are essential to align Ukrainian legislation with European environmental law, unlock access to climate finance, and promote sustainable agriculture as part of broader European integration and climate policy.

carbon farming; Carbon Removal Certification Framework; Common Agricultural Policy; agricultural carbon crediting mechanisms; climate-resilient agricultural practices; decarbonisation of land use sectors; national legislation adaptation