218 Amendments of Henna VIRKKUNEN related to 2022/0195(COD)
Amendment 193 #
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration and development (Text with EEA relevance)
Amendment 203 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery and development to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 208 #
Proposal for a regulation
Recital 2
Recital 2
(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well- being of citizens from environment-related risks and impacts. The EU’s goals are to ensure food security in the face of climate change and biodiversity loss. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044 .source: https://commission.europa.eu/strategy- and-policy/priorities-2019- 2024/european-green-deal/agriculture- and-green-deal_en _________________ 43 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, 11.12.2019 (COM (2019) 640 final). 44 Communication from the Commission to the European Parliament, the Council the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030, Bringing nature back into our lives, 20.5.2020, COM(2020) 380 final.
Amendment 209 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) Regulation (EU) 2021/1119 affirms that the ‘triple role’ of forests, namely, as carbon sinks, storage and substitution, contributes to the reduction of greenhouse gases in the atmosphere, while ensuring that forests continue to grow and provide many other services.
Amendment 219 #
Proposal for a regulation
Recital 8
Recital 8
(8) In its resolution of 9 June 202149 , the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. Russia's unprovoked invasion of Ukraine has triggered energy and food supply challenges, exacerbating existing food systems vulnerabilities, already weakened under the effect of climate change and the COVID 19 pandemic. Therefore, all objectives must be reviewed in relation to these events, with a special role for the guarantee of food safety. (https://www.europarl.europa.eu/thinktan k/en/document/EPRS_BRI(2022)733667) _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).
Amendment 224 #
Proposal for a regulation
Recital 9 a (new)
Recital 9 a (new)
(9a) In a two-way process, climate change is one of the main drivers of biodiversity loss, but destruction of ecosystems undermines nature’s ability to regulate greenhouse gas (GHG) emissions and protects against extreme weather, thus accelerating climate change and increasing vulnerability to it. This explains why the two crises must be tackled together with holistic policies that address both issues simultaneously and not in silos.
Amendment 228 #
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 230 #
Proposal for a regulation
Recital 10
Recital 10
(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third4 % should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).
Amendment 237 #
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) At the COP 15 the nations supported the 23 targets for 2030 in the landmark biodiversity agreement and to ensure that areas under agriculture, aquaculture, fisheries and forestry are managed sustainably, in particular through the sustainable use of biodiversity, including through a substantial increase of the application of biodiversity friendly practices, such as sustainable intensification, agroecological and other innovative approaches contributing to the resilience and long- term efficiency and productivity of these production systems and to food security, conserving and restoring biodiversity and maintaining nature’s contributions to people, including ecosystem functions and services . https://ec.europa.eu/commission/presscor ner/detail/en/ip_22_7834 https://prod.drupal.www.infra.cbd.int/sites /default/files/2022-12/221219-CBD- PressRelease-COP15-Final_0.pdf
Amendment 242 #
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition and the sustainable agricultural activity and forest management in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 248 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Member States should cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders (cross border management). When ecosystems extend the borders of a Member State, national restoration and development plans should be extended to common regional restoration or development plans.
Amendment 249 #
Proposal for a regulation
Recital 14
Recital 14
(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA)54 at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. A reference to food security should be considered and included. _________________ 54 https://seea.un.org/sites/seea.un.org/files/d ocuments/EA/seea_ea_white_cover_final.p df.
Amendment 257 #
Proposal for a regulation
Recital 15 a (new)
Recital 15 a (new)
(15a) Living nature plays an important role in many climate-relevant processes (e.g. binding and release of CO2 and other greenhouse gases, water cycle, absorption of solar radiation). Changes in the biosphere therefore always have consequences for the climate system. At the same time climate change has both direct and indirect effects on nature, which should be taken into account to protect biodiversity. The geographical distribution of animal and plant species on Earth is determined to a large extent by climate. Changes in temperature and precipitation and in the frequency of extreme events have a direct influence on the annual rhythm, behaviour, reproduction, competitiveness and feeding relationships of species, competitive ability and feeding relationships of species. This can lead to major shifts in their distribution areas and in the species composition and structure of entire ecosystems. Indirect impacts on biodiversity arise from human responses to climate change, whether through adaptation of land use patterns, measures to protect populations from extreme events, or measures to reduce atmospheric greenhouse gas concentrations. The changes can be profound and affect large areas. Depending on how they are shaped, they can have positive and/or negative consequences for nature conservation.
Amendment 263 #
Proposal for a regulation
Recital 18
Recital 18
(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/199961 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals ofrom land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition, which corresponds to the climatic regions, in order to be able to effectively capture and store carbon. _________________ 61 Proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 as regards the scope, simplifying the compliance rules, setting out the targets of the Member States for 2030 and committing to the collective achievement of climate neutrality by 2035 in the land use, forestry and agriculture sector, and (EU) 2018/1999 as regards improvement in monitoring, reporting, tracking of progress and review (COM/2021/554 final).
Amendment 273 #
Proposal for a regulation
Recital 20
Recital 20
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability while at the same time ensuring food security.63 _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 280 #
Proposal for a regulation
Recital 22
Recital 22
(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’64 outlines the need to restore degraded soils and enhance soil biodiversity. The interests of landowners and land managers should be adequately taken into account. _________________ 64 Communication from the Commission to the European Parliament, Council, the European Economic and Social Committee and the Committee of the Regions. EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate (COM/2021/699 final).
Amendment 287 #
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligationproduction-integrated commitments should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems while at the same time guaranteeing food security. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 291 #
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.;
Amendment 292 #
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.
Amendment 293 #
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) Voluntary and participatory approaches are preferable to regulatory measures in order to increase the acceptance of all actors in the implementation of the restoration and development objectives.
Amendment 298 #
Proposal for a regulation
Recital 27
Recital 27
(27) DAppropriate deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 300 #
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.
Amendment 301 #
Proposal for a regulation
Recital 27 a (new)
Recital 27 a (new)
(27a) If the favourable conservation status is not reached, a review should be carried out to determine why the favourable conservation status could not be achieved.
Amendment 303 #
Proposal for a regulation
Recital 28
Recital 28
(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. Thereby intra-specific interactions that occur between individuals of the same species and inter-specific interactions that occur between two or more species need to be examined and taken into account.
Amendment 310 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration and development measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration and development measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. To measure the efficiency of the restoration and development measures, EU-wide common standards should apply.
Amendment 312 #
(31a) Successful habitat restoration requires understanding species life cycles and interactions, and the food, water, nutrients, space, and shelter that is necessary to sustain species populations. In some areas, restoration may not succeed in re-establishing the full assemblage of native species or the full extent of the original ecosystem’s structure and function due to environmental conditions such as climate change. In these cases, new ecosystems and habitats need to be developed.
Amendment 327 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC and on measures which are introduced to guarantee food security. Member States should provide scientific evidence for these exceptions.
Amendment 346 #
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States haveshould ensure, as far as possible, the continued, long-term and sustainable impact of the restoration and development measures, including, where appropriate, the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area- based conservation measures, and to promote private land conservation measures.
Amendment 355 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights, and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways.
Amendment 357 #
Proposal for a regulation
Recital 43 b (new)
Recital 43 b (new)
(43b) The sealing off of surfaces in cities has significant effects on factors such as biodiversity, water retention and heat stress. Gardens should be given special attention in this respect as depaving gardens can have large effects on water retention and urban heat stress at local level.
Amendment 363 #
Proposal for a regulation
Recital 44 a (new)
Recital 44 a (new)
(44a) Urban green space designated in existing land-use plans of local authorities or through other local instruments of spatial function assignment shall be considered, especially those that are indicated for networking functions within the biotope network, for example urban green spaces that are enabling the exchange between flora and fauna. Where possible, data measurement tools for a more detailed individual assessment of green spaces, where green roofs, individual trees and private gardens, for example, can also be taken into account.
Amendment 376 #
Proposal for a regulation
Recital 45 a (new)
Recital 45 a (new)
(45a) Member States should ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities based on the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 380 #
Proposal for a regulation
Recital 46
Recital 46
(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators70 . _________________ 70 Vysna, V., Maes, J., Petersen, J.E., La Notte, A., Vallecillo, S., Aizpurua, N., Ivits, E., Teller, A., Accounting for ecosystems and their services in the European Union (INCA). Final report from phase II of the INCA project aiming to develop a pilot for an integrated system of ecosystem accounts for the EU. Statistical report. Publications office of the European Union, Luxembourg, 2021.
Amendment 385 #
Proposal for a regulation
Recital 48
Recital 48
Amendment 387 #
Proposal for a regulation
Recital 48
Recital 48
(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. Agricultural and forest ecosystems that are dedicated to the production of food, fodder and renewable raw materials are of specific socio-economic importance. Their production function should not be undermined. _________________ 76 European Redlist - Environment - European Commission (europa.eu)
Amendment 396 #
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, new breeding techniques, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 398 #
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a generalthat fall within the scope of Directive 92/43/EEC. The obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on theshould basise ofn existing indicators taking into account product- integrated commitments.
Amendment 410 #
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features in rural areas should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 415 #
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, non-productive areas and land use with high diversity in rural areas, including buffer strips, rotational or non-rotational fallow land, hedgerows, organic farmland, compensation areas, intercrops, extensive farmland, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive mineral fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high- diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 104 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) is focused on social, environmental and economic goals and aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8)77 , requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non- productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met78 . That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri- environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco- schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. _________________ 77 Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 establishing rules on support for strategic plans to be drawn up by Member States under the common agricultural policy (CAP Strategic Plans) and financed by the European Agricultural Guarantee Fund (EAGF) and by the European Agricultural Fund for Rural Development (EAFRD) and repealing Regulations (EU) No 1305/2013 and (EU) No 1307/2013, OJ L 435, 6.12.2021, p. 1, 78 Where a farmer commits to devote at least 7% of his/her arable land to non- productive areas or features, including land lying fallow, under an enhanced eco- scheme or if there is a minimum share of at least 7 % of arable land at farm level that includes also catch crops or nitrogen fixing crops, cultivated without the use of plant protection products.
Amendment 420 #
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland, water level management, and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, photovoltaic systems or the establishment of peat-forming vegetation. In case where an ecosystem is so affected by human activity or its natural condition is such that it may be unfeasible or unreasonably expensive to achieve good status, less stringent environmental objectives may be set on the basis of appropriate, evident and transparent criteria, and all practicable steps should be taken to prevent any further deterioration of the status of the ecosystem. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. Member States shall draft national restoration and development plans in cooperation with relevant stakeholders, outlining voluntary measures that landowners and land managers can choose to implement in rural areas. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 426 #
Proposal for a regulation
Recital 55
Recital 55
(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. Programmes for long-term financing are to be developed for this purpose.
Amendment 435 #
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also through their multifunctional use a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. _________________ 81 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. New EU Forest Strategy for 2030 (COM/2021/572 final).
Amendment 436 #
Proposal for a regulation
Recital 56 a (new)
Recital 56 a (new)
(56a) The new EU Forest Strategy for 2030 also emphasised the multifunctional role that forests will play in the transition to a sustainable and climate neutral future.
Amendment 437 #
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need toshould be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the shThe focus should be on improving biodiversity and the resilience of forest ecosystems and, where possible, to measure on the basis of existing and new indicators, such as the share of forests with uneven-aged structure, forest connectivity, dead wood lying and standing in quantity per hectare; vertical structure richness (single layer, multi-layered, multi-layered); location and climate-related tree species composition as a share of the total forest area; nutrient sustainability in representative areas; change in percent of forest stand; share of timber construction in the construction volume and share of wood chemically valued in the volume of wood; area of forests with uneven-aged structure, forest connectivity, the commonhere effective measures have been taken to increase resilience to climate change; ecosystem service water protection; research ecosystem services health, recreation and education in the forest and tree species composition. In view of the ever- increasing risk of forest bfird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu)es caused by climate change, Member States should take into account when setting the targets of increasing the proportion of deadwood, the share of forests with uneven age structure and the networking of forests, the risk of forest fires.
Amendment 446 #
Proposal for a regulation
Recital 57 a (new)
Recital 57 a (new)
(57a) The EU Biodiversity Strategy for 2030 sets the target of planting at least three billion climate-adapted additional trees by 2030 in all habitats, while respecting ecological principles. This objective should be fully incorporated into this Regulation. This initiative counteracts the continuing trend of net decline in forest land and the loss of trees in urban areas in the Union, contributes to some of the restoration objectives set out in this Regulation and strengthens the production of wood and other by-products such as fruit and honey. Over time, it will also contribute to increasing the forest area as well as the trees in urban areas and other landscape components in the Union, thus increasing the CO2 sink and CO2 storage in the soil. The new EU Forest Strategy for 2030 sets out a roadmap for the implementation of this objective, based on the general principle of planting and maintaining the right tree in the right place and for the right purpose.
Amendment 452 #
Proposal for a regulation
Recital 59
Recital 59
(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council83 The conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC should be reviewed in light of the objectives of this regulation and adjusted if necessary. _________________ 83 Regulation (EU) 2019/1241 of the European Parliament and of the Council of 20 June 2019 on the conservation of fisheries resources and the protection of marine ecosystems through technical measures, amending Council Regulations (EC) No 1967/2006, (EC) No 1224/2009 and Regulations (EU) No 1380/2013, (EU) 2016/1139, (EU) 2018/973, (EU) 2019/472 and (EU) 2019/1022 of the European Parliament and of the Council, and repealing Council Regulations (EC) No 894/97, (EC) No 850/98, (EC) No 2549/2000, (EC) No 254/2002, (EC) No 812/2004 and (EC) No 2187/2005 (OJ L 198, 25.7.2019, p. 105).
Amendment 462 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account ofintroduce measures which do not hinder the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
Proposal for a regulation
Recital 61
Recital 61
(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity and the guarantee of food security should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89 , both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies withpriority to the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged and not be in conflict with a certain form of renewables. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.
Amendment 479 #
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration and development targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. In order to meet these restoration and development targets, monitoring systems and intermediate targets need to be established to check whether the measures are leading to changes that meet the targets.
Amendment 495 #
Proposal for a regulation
Recital 70
Recital 70
(70) The achievement of the objectives and obligations set out in this Regulation requires significant human and financial resources. Resources are needed not only for the designation, assessment and verification of habitat types, but also sufficient financial resources to compensate to the extent necessary the management restrictions or additional expenditure associated with the implementation, in particular on land used for agriculture and forestry. To ensure the achievement of the targets and obligations set out in this Regulation, it is therefore of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE)96 , the European Maritime Fisheries and Aquaculture Fund (EMFAF)97 , the European Agricultural Fund for Rural Development (EAFRD)98 , the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund99 and the Just Transition Fund100 , as well as the Union framework programme for research and innovation, Horizon Europe101 , contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework102 to biodiversity objectives. For the farmer, the demand for more extensive farming of agricultural land with higher requirements and standards will lead to lower yields, an increased effort and higher costs. The result is possible competitive disadvantages in a globalised market. At the same time, as part of the Green Deal, the requirements for farmers will continue to rise not only in the area of biodiversity protection, but also in the field of environmental, climate protection and animal welfare. The resources of the Common Agricultural Policy through the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) must therefore be deposited with corresponding additional appropriations. In addition to increased environmental, climate and animal welfare objectives and the increasing need to finance adaptation measures to climate change, the Common Agricultural Policy must continue to ensure the supply of high-quality and healthy food to the population at reasonable prices, to a sufficient extent to ensure income for family farms and to strengthen rural areas. The Recovery and Resilience Facility (RRF)103 is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. _________________ 96 Regulation (EU) 2021/783 of the European Parliament and of the Council of 29 April 2021 establishing a Programme for the Environment and Climate Action (LIFE), and repealing Regulation (EU) No 1293/2013 (OJ L 172, 17.5.2021, p. 53). 97 Regulation (EU) 2021/1139 of the European Parliament and of the Council of 7 July 2021 establishing the European Maritime, Fisheries and Aquaculture Fund and amending Regulation (EU) 2017/1004 (OJ L 247, 13.7.2021, p. 1). 98 Regulation (EU) 2020/2220 of the European Parliament and of the Council of 23 December 2020 laying down certain transitional provisions for support from the European Agricultural Fund for Rural Development (EAFRD) and from the European Agricultural Guarantee Fund (EAGF) in the years 2021 and 2022 and amending Regulations (EU) No 1305/2013, (EU) No 1306/2013 and (EU) No 1307/2013 as regards resources and application in the years 2021 and 2022 and Regulation (EU) No 1308/2013 as regards resources and the distribution of such support in respect of the years 2021 and 2022 (OJ L 437, 28.12.2020, p. 1). 99 Regulation (EU) 2021/1058 of the European Parliament and of the Council of 24 June 2021 on the European Regional Development Fund and on the Cohesion Fund (OJ L 231, 30.6.2021, p. 60). 100 Regulation (EU) 2021/1056 of the European Parliament and of the Council of 24 June 2021 establishing the Just Transition Fund (OJ L 231 30.06.2021, p. 1). 101 Regulation (EU) 2021/695 of the European Parliament and of the Council of 28 April 2021 establishing Horizon Europe – the Framework Programme for Research and Innovation, laying down its rules for participation and dissemination, and repealing Regulations (EU) No 1290/2013 and (EU) No 1291/2013(OJ L 170, 12.5.2021, p. 1). 102 Council Regulation (EU, Euratom) 2020/2093 of 17 December 2020 laying down the multiannual financial framework for the years 2021 to 2027 (OJ L 433I , 22.12.2020, p. 11). 103 Regulation (EU) 2021/241 of the European Parliament and of the Council of 12 February 2021 establishing the Recovery and Resilience Facility (OJ L 57, 18.2.2021, p. 17).
Amendment 502 #
Proposal for a regulation
Recital 70 a (new)
Recital 70 a (new)
(70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should present new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.
Amendment 507 #
Proposal for a regulation
Recital 72
Recital 72
(72) Member States should promote a fair and cross-society approachThe involvement of owners, land users and their representatives, broad public and stakeholder support for the recovery and their taking over of responsibility are necessary conditions for the successful implementation of this Regulation. Member States should promote a fair, open, transparent, inclusive, effective and cross-society approach by involving owners and land users in the preparation and, implementation and revision of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. Member States should also actively promote awareness of the importance of biodiversity and the restoration of nature, and should address young people through programmes and concrete projects, as well as through education and general information.
Amendment 516 #
Proposal for a regulation
Recital 74
Recital 74
(74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].
Amendment 526 #
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, and to specify the methods for monitoring urban green space and of urban tree canopy cover, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 530 #
Proposal for a regulation
Recital 77
Recital 77
(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.
Amendment 537 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystemsmaintenance, enhancement, restoration and development of ecosystems while guaranteeing food security;
Amendment 545 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient naturebiodiverse, resilient and productive ecosystems across the Union’s land and sea areas through the restoration of degraded ecosystems;
Amendment 548 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning climate change mitigation and, climate change adaptation and sustainable development;
Amendment 552 #
Proposal for a regulation
Article 1 – paragraph 1 – point c
Article 1 – paragraph 1 – point c
(c) meeting the Union’s international commitments, notably under the Paris Agreement, Convention on Biological Diversity, and 2030 Agenda for Sustainable Development.
Amendment 558 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration and development measures which together shall cover,maintain, enhance or restore by 2030, at least 20 % of the Union’s land and sea areas in need of restoration and, by 2050, all ecosystems in need of restoration while guaranteeing food security. All measures shall not prevent any sustainable use.
Amendment 566 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based national restoration measures which together shallith the aim to cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all degraded ecosystems in need of restoration.
Amendment 599 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an degraded ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resiliencewith the aim to make it sustainable, resilient and healthy;
Amendment 615 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3 a (new)
Article 3 – paragraph 1 – point 3 a (new)
(3a) 'development' means to create ecosystems in areas where lost species cannot be brought back due to a change of the environment and climate;
Amendment 623 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and productivity;
Amendment 626 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namelysuch as its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and regeneration;
Amendment 640 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessarynecessary and achievable to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type according to the national restoration plans;
Amendment 655 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 a (new)
Article 3 – paragraph 1 – point 7 a (new)
(7a) 'sustainable forest management' means the stewardship and use of forests and forest lands in a way, and at a rate, that maintains their biodiversity, productivity, regeneration capacity, vitality and their potential to fulfil, now and in the future, relevant ecological, economic and social functions, at local, national, and global levels, and that does not cause damage to other ecosystems;
Amendment 656 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 b (new)
Article 3 – paragraph 1 – point 7 b (new)
(7 b) 'sustainable agricultural activity' is an agricultural activity in a Member State of the European Union if it is carried out in accordance with the provisions set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council of 2 December 2021 laying down rules on support for strategic plans to be drawn up by Member States under the Common Agricultural Policy and to be financed by the European Agricultural Guarantee Fund (EAGF) and the European Agricultural Fund for Rural Development (EAFRD) (CAP Strategic Plans);
Amendment 657 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7 c (new)
Article 3 – paragraph 1 – point 7 c (new)
(7 c) 'production-integrated commitments' are measures to promote biodiversity that are integrated into agricultural or forestry production;
Amendment 671 #
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
(13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas -; green roofs, green walls and private gardens as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council110 ;and based on existing land-use plans of local authorities or other local instruments of spatial function assignment. _________________ 110 Regulation (EU) 2021/696 of the European Parliament and of the Council of 28 April 2021 establishing the Union Space Programme and the European Union Agency for the Space Programme and repealing Regulations (EU) No 912/2010, (EU) No 1285/2013 and (EU) No 377/2014 and Decision No 541/2014/EU (OJ L 170, 12.5.2021, p. 69).
Amendment 682 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: (i) the removal or the equipment of artificial structures in order to ensure the sufficient free-flowing character of water, sediment, nutrients, matter and organisms along river systems; (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.
Amendment 694 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) ‘wetting’ means any deliberate action aimed at bringing the water level of a drained peat land, i.e. the position relative to the surface, as far as possible, close to the original peat land;
Amendment 709 #
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition and is designed as a Natura site or other equivalent protected area according to national legislation, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050.
Amendment 710 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I thain the Member State and in the respective biogeographical region listed in Annex I which are not in good condition taking into account the food security. Such measures shall be in place on the area until it is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 650 % by 2040, and on at least 90 % by 2050 respecting production-integrated commitments .
Amendment 718 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Following the availability of a revised Union-wide methodology for the status survey of habitat types and species protected under the Habitats Directive, Member States shall put in place the restoration and development measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050, respecting production-integrated commitments.
Amendment 729 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 734 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Once the data on habitat types referred to in Article 19(8) are available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types, provided that climatic conditions still allow this. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 650 % of that surface by 2040, and 100 % of that surface by 2050, taking into account all areas and land uses equally for this purpose and respecting production- integrated commitments.
Amendment 750 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats within the Natura 2000 network, including by re- establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
Amendment 755 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved respecting production-integrated commitments.
Amendment 756 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
Amendment 761 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be subject to monitoring and reporting without delay and shall be considered as not being in a good condition if no such monitoring and reporting are in place after three years of this regulation coming into force.
Amendment 763 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition.
Amendment 780 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
5. The restoration and development measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and the food security.
Amendment 785 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
Amendment 793 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall entake appropriate and effective measures that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate irreversibly by human or non- human actions.
Amendment 800 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 801 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deterioratesignificantly deteriorate in relation to the objectives of the Directive 92/43/EEC to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements and food security.
Amendment 805 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate irreversibly by human or non-human actions.
Amendment 816 #
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7a. (7a) where, due to the different requirements of the habitat types listed in paragraphs 1 and 2 of Annex I and of the species referred to in paragraph 3, the obligations referred to in paragraphs 6 and 7 are not complied with, it shall be weighed for the benefit of which habitat types or species restoration measures are taken. Non-compliance with the obligations relating to the other habitat types or species is justified by this.
Amendment 819 #
Proposal for a regulation
Article 4 – paragraph 7 b (new)
Article 4 – paragraph 7 b (new)
7b. If Member States, due to the regional specificities, cannot meet the obligations referred to in paragraphs 6 and 7 and Article 9(4), exceptions are justified.
Amendment 820 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 835 #
Proposal for a regulation
Article 4 – paragraph 8 – point a a (new)
Article 4 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 846 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations or other circumstances, which are directly caused by climate change; or
Amendment 851 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States have to provide evidence for these exceptions.
Amendment 862 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basisby the Member State in the national restoration plan.
Amendment 872 #
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to maintain food security, production of food and renewable resources.
Amendment 895 #
Proposal for a regulation
Article 4 – paragraph 9 – point a a (new)
Article 4 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 908 #
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations or other circumstances which are directly caused by climate change: or
Amendment 931 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached sufficient level is in good condition;
Amendment 934 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 935 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1007 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types and guarantee food security.
Amendment 1011 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
Amendment 1027 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 1056 #
Proposal for a regulation
Article 5 – paragraph 8 – point a a (new)
Article 5 – paragraph 8 – point a a (new)
(aa) to guarantee food security;
Amendment 1069 #
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis for which Member States are to provide evidence for these exceptions.
Amendment 1082 #
Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
Article 5 – paragraph 8 – point c a (new)
(ca) action or inaction for which the Member State concerned is not responsible.
Amendment 1108 #
Proposal for a regulation
Article 5 – paragraph 9 – point a a (new)
Article 5 – paragraph 9 – point a a (new)
(aa) to guarantee food security;
Amendment 1166 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that there is no net loss of urban green space, at aggregated national level and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs. Member States shall cooperate with local and regional authorities, as well as managing authorities for achieving this based on existing legal frameworks.
Amendment 1181 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 3 % of the total area ofwhich is not yet green space in cities and of towns and suburbs in 2021, by 2040, and at least 5 % by 2050. In addition Member States shall ensure:
Amendment 1217 #
Proposal for a regulation
Article 6 – paragraph 2 – point b b (new)
Article 6 – paragraph 2 – point b b (new)
(bb) to reduce light pollution.
Amendment 1226 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.the achievement of good ecological potential and good surface water chemical status as defined in Directive 2000/60/EC;
Amendment 1256 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer neededwithout actual or potential use for renewable energy generation, inland navigation, flood protection, water supply or other uses.
Amendment 1267 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall opt to complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.
Amendment 1282 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
Amendment 1291 #
Proposal for a regulation
Article 8 – paragraph 1 a (new)
Article 8 – paragraph 1 a (new)
1a. The Commission will evaluate the current status of pollinator populations and, based on this, establish scientific indicators and propose measures to achieve positive trends in pollinator populations.
Amendment 1292 #
Proposal for a regulation
Article 8 – paragraph 2
Article 8 – paragraph 2
Amendment 1298 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
Amendment 1309 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall take into account social and economic requirements put in place the restoration and development measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration and development measures under Article 4(1), (2) and (3) taking into account climate change, food security and securing socially and economically viable agricultural production.
Amendment 1321 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieve through sustainable agricultural activity an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1329 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1337 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1340 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1353 #
(c) share of agricultural landland in rural areas with high-diversity landscape features, non- productive areas and other land use with high biological diversity.
Amendment 1372 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 1001.01.2020, reaches the following levels:
Amendment 1376 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 1377 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
(a) 110 by 20305, 120 by 20405 and 130 by 20505, for Member States listed in Annex V with historically more depleted populations of farmland birds;
Amendment 1382 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 1383 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1390 #
Proposal for a regulation
Article 9 – paragraph 4
Article 9 – paragraph 4
Amendment 1392 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Member States are obliged to develop a strategy for the protection, restoration and sustainable use of peatlands. The strategy should be set up and implemented in cooperation with land managers and landowners. Those measures shall be in place on at least:
Amendment 1407 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 1418 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quartersixth shall be rewetted;
Amendment 1424 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1433 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least halfa quarter shall be rewetted;
Amendment 1440 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
Amendment 1461 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 240%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).
Amendment 1470 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. Member States shall take measures to maintain cover-up, deforestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in the mountain area.
Amendment 1489 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:in forest adaptation to climate change, as further set out in Annex VI.
Amendment 1495 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall select indicators in order to achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VIthose indicators, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:
Amendment 1503 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1504 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1508 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1511 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1517 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 1518 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 1520 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 1524 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 1529 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1532 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1535 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1540 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1587 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration pland development plans involving owners, land users and their representatives and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and the Union’s overarching objectives as set out in Article 1, taking into account the latest scientific evidence.
Amendment 1611 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change;
Amendment 1614 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 yearschanges since the entry into force of Council Directive 92/43/EEC and the projected changes to environmental conditions due to climate change;
Amendment 1621 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
Amendment 1623 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species;
Amendment 1630 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change and the conflicting preconditions of different habitat types and species.
Amendment 1634 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change.
Amendment 1649 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), that are identified as relevant in the national context, through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9).
Amendment 1651 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9) and taking into account the funding provided.
Amendment 1658 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 1663 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activities, are in need of enhanced connectivity and landscape diversity. The type of restoration and development measures recommended in these areas and how restrictions of use and property disadvantages are compensated shall be determined in agreement with the landowner of the area concerned. To this end, the competent authority designated by the Member State shall seek contractual arrangements with landowners or other beneficial owners in order to safeguard the implementation, restriction or omission of the management and use of land under private law.
Amendment 1687 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Member States shall ensure that in the permit-granting processes the relevant administrative bodies base their decisions on the principle that the species protection refers to the national population and not to the individual specimens of the species.
Amendment 1697 #
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6a. Member States shall ensure that Union environmental law is applied to the deployment of energy from renewable sources, the related transmission and distribution network elements as well as storage facilities on the basis of the principle that the species protection refers to the entire population and not to the individual specimens.
Amendment 1707 #
Proposal for a regulation
Article 11 – paragraph 7 – point c
Article 11 – paragraph 7 – point c
(c) measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC without prejudice to the exemptions set out in articles 4(3), 4(4), 4(5) and 4(7) thereof;
Amendment 1731 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
Amendment 1762 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration or development plan is open, inclusive and effective and that the public as well as all the stakeholders affected by restoration measures is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1772 #
Proposal for a regulation
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
11a. the food security;
Amendment 1774 #
Proposal for a regulation
Article 11 – paragraph 11 b (new)
Article 11 – paragraph 11 b (new)
11b. The paragraphs 1 to 11 also apply when regional and sub-regional restoration or development plans are prepared (cross border management).
Amendment 1779 #
Proposal for a regulation
Article 12 – paragraph 1 a (new)
Article 12 – paragraph 1 a (new)
1a. Member States shall provide the possibility of adjustment and correction measures of the national restoration and development plan.
Amendment 1780 #
Proposal for a regulation
Article 12 – paragraph 1 b (new)
Article 12 – paragraph 1 b (new)
1b. Member States shall cooperate bilaterally and within regional and sub- regional cooperation mechanisms to protect biodiverse ecosystems especially if the ecosystems extend beyond the borders. When ecosystems extend the borders of a Member State, national restoration and development plans shall be extended to common regional restoration or devlopment plans.
Amendment 1786 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the quantification of the areas to be restored to reach the restoration targets set out in Articles 4 to10and 5 based on the preparatory work undertaken in accordance with Article 11 and geographically referenced maps of those areas;
Amendment 1793 #
(b) a description of the restoration measures planned, or put in place before the entry into force of this Regulation, for achieving the targets and obligations set out in Articles 4 to 10 and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;
Amendment 1812 #
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3); without restricting the use of hydroelectric power;
Amendment 1821 #
Proposal for a regulation
Article 12 – paragraph 2 – point h
Article 12 – paragraph 2 – point h
(h) the monitoring of the areas subject to restoration or development in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration or development measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10 are met or revised;
Amendment 1829 #
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits or trade- offs for climate change mitigation associated with the restoration measures over time, as well as wider socio-economic benefits or trade-offs of those measures;
Amendment 1846 #
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders and compensation for property-related disadvantages of the landowners concerned affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1859 #
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and the landowners affected by potential restoration measures and of how the needs of local communities and stakeholders have been considered and how ownership rights have been respected;
Amendment 1872 #
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) a dedicated section explaining how to ensure that the implementation of the recovery plans does not lead to a depopulation of agricultural and forestry production in third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1896 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 2436 months after the date of entry into force of this Regulation].
Amendment 1901 #
Proposal for a regulation
Article 14 – paragraph 1
Article 14 – paragraph 1
1. The Commission shall assess the draft national restoration plans within sixnine months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.
Amendment 1905 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration or development plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features as well as ensuring that the implementation of the recovery plans does not lead to migration of agricultural and forestry production to third countries and that self-supply with regional, high- quality food and biogenic raw materials can be ensured.
Amendment 1913 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1916 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 104% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1926 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address observations to Member States within sixnine months of the date of receipt of the draft national restoration plan.
Amendment 1934 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall take due account ofinto consideration any observations from the Commission in its final national restoration plan.
Amendment 1941 #
Proposal for a regulation
Article 14 – paragraph 6
Article 14 – paragraph 6
6. Member States shall finalise, publish and submit to the Commission the national restoration plan within sixnine months from the date of receipt of observations from the Commission.
Amendment 1960 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. When it becomes apparent that the measures set out in the national restoration or development plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration planor development plan, revise the measures and targets and include supplementary measures.
Amendment 1965 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures provide additional measures, including a description of the funding required for this purpose . That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1968 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), and following a dialogue with the Member State concerned, if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures. That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1981 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or that maintain the impairment of a right as well as affected landowners and managers, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1988 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient in accordance with the Aarhus convention.
Amendment 2016 #
Proposal for a regulation
Article 17 – paragraph 1 – point d
Article 17 – paragraph 1 – point d
Amendment 2018 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2019 #
Proposal for a regulation
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
Amendment 2030 #
Proposal for a regulation
Article 17 – paragraph 1 – point h a (new)
Article 17 – paragraph 1 – point h a (new)
(ha) the progress towards the planting of three billion climate-adapted additional trees referred to in Article 10a.
Amendment 2039 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2046 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2047 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every threfive years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2049 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the coverage of climate-adopted trees, the forest connectivity and the stock of organic carbon, shall be carried out at least every three years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2063 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point b
Article 17 – paragraph 9 – subparagraph 1 – point b
Amendment 2077 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10, 5 and 9 and the barriers referred to in Article 7 that have been removed, on an annual basis starting from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 2112 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2113 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
Amendment 2122 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2124 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2130 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2137 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2138 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2143 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2145 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
Amendment 2151 #
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 2156 #
Proposal for a regulation
Article 19 – paragraph 7
Article 19 – paragraph 7
Amendment 2159 #
Proposal for a regulation
Article 19 – paragraph 7 a (new)
Article 19 – paragraph 7 a (new)
7a. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 concerning the development of a uniform and scientifically sound survey and evaluation methodology to ensure a Union-wide standard for the establishment of a database as referred to in Article 4. Based on this, Union-wide recovery targets will be set.
Amendment 2160 #
Proposal for a regulation
Article 19 – paragraph 7 b (new)
Article 19 – paragraph 7 b (new)
7b. The Commission shall be empowered to adopt delegated acts in accordance with Article 20 to develop a uniform and scientifically based collection and analysis methodology in order to ensure a Union-wide standard for the establishment of a data base as referred to in Article 4. Building on this, Union-wide recovery objectives will be set.
Amendment 2284 #
Proposal for a regulation
Annex IV – row 4
Annex IV – row 4
Share of agricultural Description: High-diversity landscape features are elements of land with high- permanent natural or semi-natural vegetation present in an diversity landscape agricultural context, which provide ecosystem services and support features for biodiversity. In order to do so, landscape features need to be subject to as little external disturbances as possible to provide safe habitats for various taxa, and therefore need to comply with the following conditions: a) they cannot be under productive agricultural use (including grazing or fodder production),and b) they should not receive fertilizer or pesticide treatment. Land lying fallow can be considered as high diversity landscapemust either be managed in a way that promotes biodiversity or not used for productive agriculture at all. b) they should not receive fertilizer or pesticide treatment, unless they exclusively contain active substances that may be used in accordance with Regulation 5EU) 2018/848. Land lying fallow as well as cultivated land can be considered as high diversity landscape features if it complies with criteria (a) and (b) above. Productive trees part of arable land agroforestry system (b) above. Productive trees and productive elements in non- elements in non- productive hedges can also be considered as high diversity diversity landscape features, if they comply with criterion (b) above, and if harvests take place only at moments where it would not compromise high biodiversity levels.. Unit: Percent (share of Utilised Agricultural Area). Methodology: as developed under indicator I.21, Annex I of Regulation 2021/2115,as based on LUCAS for landscape elements, Ballin M.et al., Redesign sample for Land Use/Cover Area frame Survey (LUCAS), Eurostat2018, and for land laying fallow, Farm Structure, Reference Metadatain Single Integrated Metadata Structure, online publication, Eurostat.