41 Amendments of Molly SCOTT CATO related to 2016/0382(COD)
Amendment 86 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10 a) The promotion of energy from renewable sources should be based on the principles of the circular economy and be fully part of the building of a sustainable bioeconomy, in particular with respect to forest and agricultural biomass. These principles aim to achieve the utmost resource efficiency, where the value of products, biobased materials and other resources is maintained in the economy, and the generation of waste minimised. Policies should therefore take into account these principles and promote the keeping of biobased raw materials in the economy for as long as possible by supporting the production of long lived products and only support recovery for energy purposes at the end of the life cycle of these resources, as required among others by the waste hierarchy established in Directive 2008/98/EC.
Amendment 155 #
Proposal for a directive
Recital 62 a (new)
Recital 62 a (new)
(62 a) Based on estimates of indirect land-use change emissions for different biofuel feedstocks, greenhouse gas emissions linked to indirect land use change are significant, and will negate some or all of the greenhouse gas savings of individual biofuels, even when taking into account the production of co- products for the protein sector. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. Furthermore, biofuel production from food crops contributes to food price volatility. In order to reduce such emissions and mitigate such negative effects on food security, it is appropriate to lower the limit laid down in Article 7(1) to 0% in 2030.
Amendment 164 #
Proposal for a directive
Recital 63 a (new)
Recital 63 a (new)
(63 a) In view of the overcapacity in the food and feed crop-based biofuels and bioliquids on the market, and in light of the need to reduce their consumption, financial aid and other support measures, including in the form of investment and operating aid in new and existing capacity for food and feed crop-based biofuels and bioliquids, and, by extension, biomass fuels produced from food and feed crops, can no longer be justified.
Amendment 195 #
Proposal for a directive
Recital 74
Recital 74
(74) In the framework of the Common Agricultural Policy Union, farmers should comply with a comprehensive set of environmental requirements in order to receive direct support. Compliance with those requirementAgricultural and forestry residues for the production of biofuels, bioliquids cand be most effectively verified in the context of agricultural policy. Including those requirements in the sustainability scheme is not appropriate as the sustainability criteria for bioenergy should set out rules that are objective and apply globally. Verification of compliance under this Directive would also risk causing unnecessary administrative burdeiomass fuels should be cultivated and harvested using practices that are consistent with the protection of soil quality and soil organic carbon.
Amendment 208 #
Proposal for a directive
Recital 77
Recital 77
(77) In order to minimise the administrative burden, the Union sustainability and greenhouse gas saving criteria should apply only to electricity and heating from biomass fuels produced in installations with a fuel capacity equal or above to 201 MW. In its report, the Commission recommended that sustainability schemes and MS record keeping apply to energy producers of ≥1MW thermal or electrical capacity, helping to improve statistics on biomass use and to monitor the effects of biomass use on the areas of origin. Also Dir.2015/2193 defines “medium combustion plants” as those with a rated thermal input ≥1MW and less than 50MW. Also, setting the threshold as high as 20MW risks undermining the sustainability criteria and the EU’s climate objectives.Or. enJustification
Amendment 211 #
Proposal for a directive
Recital 78
Recital 78
(78) Biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. For this reason, public support, including State Aid, to installations with a fuel capacity equal to or exceeding 201 MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass- based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 201 MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity.
Amendment 212 #
Proposal for a directive
Recital 78
Recital 78
(78) Biomass fuels should be converted into electricity and heat in an efficient way in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. For this reason, public support to installations with a fuel capacity equal to or exceeding 201 MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass- based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 201 MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity.
Amendment 237 #
Proposal for a directive
Article 2 – paragraph 2 – point u
Article 2 – paragraph 2 – point u
Amendment 244 #
Proposal for a directive
Article 2 – paragraph 2 – point dd b (new)
Article 2 – paragraph 2 – point dd b (new)
Amendment 273 #
Proposal for a directive
Article 3 – paragraph 3 a (new)
Article 3 – paragraph 3 a (new)
3 a. Member States shall ensure, in meeting the objectives in paragraph 3, that their national policies are designed to conform to the principles of resource efficiency according to the objectives of the Circular Economy as well as the waste hierarchy, as set out in Directive 2008/98/EC, in particular with respect to the consumption of forest and agricultural biomass for energy purposes. To this end, Member States shall regularly review their national policies to ensure conformity with these principles and justify any deviations in the reports required under Article 18(c) of Regulation [Governance].
Amendment 300 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 70% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use changthat Member State.
Amendment 309 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. The contribution from food and feed crop- based biofuels and bioliquids produced from oil crops shall be reduced to 0% by no later than 2025. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 311 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,80% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 323 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add or remove feedstocks, but not to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting or contradicting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 326 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by-)products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels based on a life cycle assessment of emissions including emissions from the land sector and possible displacement effects, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 327 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Each delegated act shall be based on an analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, and principles of resource efficiency according to the objectives of the Circular Economy; in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by- )products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 330 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 3
Article 7 – paragraph 5 – subparagraph 3
Every 2 years, the Commission shall carry out an evaluation of the list of feedstocks in parts A and B of Annex IX in order to add or remove feedstocks, in line with the principles set out in this paragraph. The first evaluation shall be carried out no later than 6 months after [date of entry into force of this Directive]. If appropriate, the Commission shall adopt delegated acts to amend the list of feedstocks in parts A and B of Annex IX in order to add or remove feedstocks, but not to remove them.
Amendment 391 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 2
Article 25 – paragraph 1 – subparagraph 2
The minimum share shall be at least equal to 1.5% in 2021, increasing up to at least 6.8% in 2030, following the trajectory set out in part B of Annex X. Within this total share, the contribution of advanced biofuels and biogas produced from feedstock listed in part A of Annex IX shall be at least 0.5% of the transport fuels supplied for consumption or use on the market as of 1 January 2021, increasing up to at least 3.62.3% by 2030, following the trajectory set out in part C of Annex X.
Amendment 420 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2 a (new)
Article 26 – paragraph 1 – subparagraph 2 a (new)
Biofuels, bioliquids and biomass fuels produced from food and feed crops and other crops grown primarily for energy purposes shall not be eligible for financial support.
Amendment 424 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and cooling or fuels with a fuel capacity equal to or exceeding 201 MW in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0.5 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Amendment 431 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1 – introductory part
Article 26 – paragraph 2 – subparagraph 1 – introductory part
Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:
Amendment 434 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1 – point b – paragraph 1 – point ii a (new)
Article 26 – paragraph 2 – subparagraph 1 – point b – paragraph 1 – point ii a (new)
(ii a) as forest or area with high or exceptional conversation value by international and national certification schemes;
Amendment 439 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1 – point c – point ii
Article 26 – paragraph 2 – subparagraph 1 – point c – point ii
(ii) non-natural, namely grassland that would cease to be grassland in the absence of human intervention and which is species-rich and not degraded andor has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is necessary to preserve its status as highly biodiverse grassland.
Amendment 443 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland or permanently or intermittently flooded wetland in January 2008.
Amendment 447 #
Proposal for a directive
Article 26 – paragraph 5 – introductory part
Article 26 – paragraph 5 – introductory part
5. Biofuels, bioliquids and biomass fuels produced from forestry biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall only be made from the biomass fraction of wastes and residues from forestry and forest-based industries, namely bark, branches, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge and lignin., and shall meet the following requirements to minimise the risk of using unsustainable forest biomass production:
Amendment 479 #
Proposal for a directive
Article 26 – paragraph 6 a (new)
Article 26 – paragraph 6 a (new)
6a. Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall meet the following requirements: (a) raw material is obtained from lands or forests for which third parties’ rights concerning use and tenure of the land or forest are respected by obtaining free, prior and informed consent of these third parties, with the participation by representative institutions and organisations; (b) human and labour rights of third parties are respected; and (c) the availability of food and feed for third parties is not at risk. For purposes of this paragraph, third parties refers to local and indigenous communities or any other persons involved in the production or harvesting of raw materials or affected by the operations to produce or extract raw material.
Amendment 480 #
Proposal for a directive
Article 26 – paragraph 6 b (new)
Article 26 – paragraph 6 b (new)
6b. Agricultural and forestry raw materials including residues produced in the Union and used for the production of biofuels, bioliquids and biomass fuels taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall be collected without impacting soil fertility and long term productivity of the producing ecosystems. Economic operators are required to implement residue management plans to ensure collection rates are sustainable. The provisions of this paragraph shall apply equally to crop and forestry raw materials and residues produced in countries within and outside the Union.
Amendment 486 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EUwith a minimum net total fuel utilisation of 85% and is produced in installations that exclusively use biomass fuels. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation and exclusive use of biomass fuels after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive]. Or. en (Directive 2009/28/EC is the existing Renewable Energy Directive (RED))
Amendment 487 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]1 January 2021. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive]1 January 2021.
Amendment 489 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 201 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive]. (“Report on Sustainability Requirements for the Use of Solid and Gaseous Biomass Sources in Electricity, Heating and Cooling” (2010), European Commission. Also Directive (EU) Or. en 2015/2193 on the limitation of emissions of certain pollutants from medium combustion plants)
Amendment 492 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 2
Article 26 – paragraph 8 – subparagraph 2
Amendment 495 #
Proposal for a directive
Article 26 – paragraph 9
Article 26 – paragraph 9
Amendment 500 #
Proposal for a directive
Article 26 – paragraph 10
Article 26 – paragraph 10
10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biofuels, bioliquids and biomass fuels.
Amendment 544 #
Proposal for a directive
Annex IX – part Part A – point h
Annex IX – part Part A – point h
Amendment 549 #
Proposal for a directive
Annex IX – part Part A – point o
Annex IX – part Part A – point o
(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre- commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin .
Amendment 552 #
Proposal for a directive
Annex IX – part Part A – point p
Annex IX – part Part A – point p
Amendment 554 #
Proposal for a directive
Annex IX – part Part A – point q
Annex IX – part Part A – point q
Amendment 558 #
Proposal for a directive
Annex IX – part Part B – point c
Annex IX – part Part B – point c
Amendment 570 #
Proposal for a directive
Annex X – part 1
Annex X – part 1
Amendment 572 #
Proposal for a directive
Annex X – part 1 – title
Annex X – part 1 – title
2021 7.0% 2022 6.73% 2023 6.45.6% 2024 6.14.9% 2025 5.84.2% 2026 5.43.5% 2027 5.02.8% 2028 4.62.1% 2029 4.21.4% 2030 3.80.0%
Amendment 575 #
Proposal for a directive
Annex X – part 3 – title
Annex X – part 3 – title
Part C: Calendar year Minimum share 2021 0.5 % 2022 0.76% 2023 0.97% 2024 1.10.8% 2025 1.30.9% 2026 1.75% 2027 2.21.3% 2028 21.65% % 2029 3.11.9% 2030 3.62.3%