31 Amendments of Luke Ming FLANAGAN related to 2022/0195(COD)
Amendment 147 #
Proposal for a regulation
Recital 5
Recital 5
(5) The UN Sustainable Development Goals47 , in particular goals 14.2, 15.1, 15.2, 15.3, and 15.3,4 refer to the need to ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands. In addition SDG 15a calls for a significant increase in financial resources from all sources to conserve and sustainably use biodiversity and ecosystems. _________________ 47 United Nations Sustainable Development – 17 Goals to Transform Our World.
Amendment 150 #
Proposal for a regulation
Recital 7
Recital 7
(7) The EU Biodiversity Strategy for 2030 aims to ensure that Europe’s biodiversity will be put on the path to recovery by 2030 for the benefits of people, the planet, the climate, food sovereignty, and our economy. It sets out an ambitious EU nature restoration plan with a number of key commitments, including a commitment to put forward a proposal for legally binding EU nature restoration targets to restore degraded ecosystems, in particular those with the most potential to capture and store carbonacross all land types to achieve the greatest synergistic benefits, and to prevent and reduce the impact of natural disasters.
Amendment 155 #
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, agrassicultural lands, wetlands, peatlands, pollinators, free- flowing rivers, coastal areas and marine ecosystems. _________________ 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 167 #
Proposal for a regulation
Recital 12
Recital 12
(12) The Commission’s State of Nature Report from 202053 noted that the Union has not yet managed to stem the decline of protected habitat types and species whose conservation is of concern to the Union. That decline is caused mostly by abandonment of extensive agriculture, and intensifying management practices, the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation. Furthermore, invasive alien species and climate change represent major and growing threats to native Union flora and fauna. . Member States should in the preparation of their next National Nitrates Action Programmes (NAP) phase out the derogation to the Nitrates Directive (91/676/EEC) over the lifetime of the next programming period. In addition the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation has exacerbated biodiversity decline. Furthermore nature managed by extensive farming practices outside of protected areas is under increasing pressure across the Union, as is the knowledge of how to manage it. Some climate change mitigation programmes have had negative impacts on traditional farming practices and local communities through top down implementation and conflicting policy targets. The negative impacts of all these pressures include continued loss of subsistence and traditional livelihoods, the transmission of local knowledge, and the ability of farmers and local communities to conserve and sustainably manage, wild and domesticated biodiversity that are also relevant to broader society. _________________ 53 Report from the Commission to the European Parliament, the Council and the European Economic and Social Committee “The state of nature in the European Union Report on the status and trends in 2013 - 2018 of species and habitat types protected by the Birds and Habitats Directives”, COM/2020/635 final.
Amendment 179 #
Proposal for a regulation
Recital 15
Recital 15
(15) Securing biodiverse ecosystems and tackling climate change are intrinsically linked. Nature and nature-based solutions, including natural carbon stocks and sinks, are fundamental for fighting the climate crisis. At the same time, the climate crisis is already a driver of terrestrial and marine ecosystem change, and the Union must prepare for the increasing intensity, frequency and pervasiveness of its effects. The Special Report of the Intergovernmental Panel on Climate Change (IPCC)55 on the impacts of global warming of 1.5°C pointed out that some impacts may be long-lasting or irreversible. The Sixth IPCC Assessment Report56 states that restoring ecosystems will be fundamental in helping to combat climate change and also in reducing risks to food security. The Intergovernmental Science- Policy Platform on Biodiversity and Ecosystem Services (IPBES) in its 2019 Global Assessment Report on Biodiversity and Ecosystem Services57 considered climate change a key driver of change in nature, and it expected its impacts to increase over the coming decades, in some cases surpassing the impact of other drivers of ecosystem change such as changed land and sea ushanges in land and sea use, direct exploitation of organisms, climate change, pollution, and invasion of alien species to be the five biggest drivers biodiversity loss. Land-use change has had the largest relative negative impact on nature since 1970, followed by the direct overexploitation, of animals, plants and other organisms, mainly via harvesting, logging, hunting and fishing. Agricultural expansion is the most widespread form of land-use change, with over one third of the terrestrial land surface being used for cropping or animal husbandry. This expansion, alongside a doubling of urban area since 1992 and an unprecedented expansion of infrastructure linked to growing population and consumption, has come mostly at the expense of forests (largely old-growth tropical forests), wetlands and grasslands. In freshwater ecosystems, a series of combined threats that include water extraction, exploitation, pollution, climate change and invasive species, are prevalent. Human activities have had a large and widespread impact on the world’s oceans. These include direct overexploitation, of fish, shellfish and other organisms, land and sea-based pollution, including from river networks, and land-/sea-use change, including coastal development for infrastructure and aquaculture. _________________ 55 Intergovernmental Panel on Climate Change (IPCC): Special Report on the impacts of global warming of 1.5°C and related global greenhouse gas emission pathways, in the context of strengthening the global response to the threat of climate change, sustainable development, and efforts to eradicate poverty [Masson- Delmotte, V., P. Zhai, H.-O. Pörtner, D. Roberts, J. Skea, P.R. Shukla, A. Pirani, W. Moufouma-Okia, C. Péan, R. Pidcock, S. Connors, J.B.R. Matthews, Y. Chen, X. Zhou, M.I. Gomis, E. Lonnoy, T. Maycock, M. Tignor, and T. Waterfield (eds.)] https://www.ipcc.ch/sr15/ 56 Climate Change 2022: Impacts, Adaptation and Vulnerability | Climate Change 2022: Impacts, Adaptation and Vulnerability (ipcc.ch). 57 IPBES (2019): Global assessment report on biodiversity and ecosystem services of the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services. E. S. Brondizio, J. Settele, S. Díaz, and H. T. Ngo (editors). IPBES secretariat, Bonn, Germany. 1148 pages. https://doi.org/10.5281/zenodo.3831673.
Amendment 181 #
Proposal for a regulation
Recital 16
Recital 16
(16) Regulation (EU) 2021/1119 of the European Parliament and of the Council58 sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and to prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks. The restoration of ecosystems can make an important contribution to maintaining, managing and enhancing natural sinks and to increasing biodiversity while fighting climate change. Regulation (EU) 2021/1119 also requires relevant Union institutions and the Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. It also requires that Member States integrate adaptation in all policy areas and promote nature-based solutions59 and ecosystem-based adaptation. Agroforestry has potential to be a carbon sequestration strategy across mineral soil types and all agricultural enterprises. Proper design and management of agroforestry systems can make them effective carbon sinks, although this potential not been even adequately recognized, let alone exploit. The tree and shrub components of agroforestry practices contribute to carbon sequestration by using carbon dioxide for photosynthesis and storing carbon above ground in tree trunks and branches, as well as below ground in roots and the soil; an indirect benefit of agroforestry is combatting soil erosion, which can enhance carbon storage in soils. In order to exploit this vastly unrealized potential of C sequestration through agroforestry in both subsistence and commercial enterprises, innovative policies, based on rigorous research, must be put in place. _________________ 58 Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1). 59 Nature-based solutions are solutions that are inspired and supported by nature, that are cost-effective, and that simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions. Nature-based solutions must therefore benefit biodiversity and support the delivery of a range of ecosystem services.
Amendment 183 #
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 of 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 in order to be able to effectively capture and store carbon. It is nevertheless important that gains made in the LULUCF sector cannot be used as an offset to lower the ambition in other sectors. It is critical to understand the relativity-limited emissions from the LULUCF sector in relation to the emissions from other sectors. Data from the European Environmental Agency show that total emission attributed to wetland, grassland and croplands in the LULUCF sector amount to approximately 40 MT CO2e, whereas the Agri sector and the transport sector emit some 385 & 840 MT CO2e respectively. _________________ 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 190 #
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosystems has positive impactdemonstrate the need for actions oin food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committeeorder to promote sustainable farming, reduce the use of and risks associated with pesticides, protect and restore soil ecosystems, and increase landscape features on farmland that support the recovery of species and habitats protected under the nature directives, including pollinators and their habitats. Agricultural productivity and resilience is dependent ofn the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 finalsustainable management of natural resources to guarantee the long-term sustainability of our food systems.
Amendment 205 #
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 2000all agricultural, afforested and urban areas of the Union in order to achieve the highest synergistic outcomes.
Amendment 216 #
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 advance of setting arbitrary deadlines to meet targets and to ensure legal certainty for those affected Member States shall; Conduct an initial comprehensive ecological assessment to establish accurate baselines; Propose a suite of measures that have been shown to achieve the desired results; Mobilise adequate resource so that sufficient funds are in place to support measures that are proposed; Set realistic timelines for achieving results; Allow sufficient flexibility and adaptability in implementation; 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 226 #
Proposal for a regulation
Recital 29 a (new)
Recital 29 a (new)
(29a) It is critical for the success of any restoration program that sufficient funds are mobilised to underpin the economic viability of the landowners and communities affected in advance of any implementation; In light of the Commissions own estimation that for every €1 invested in nature restoration there is an economic return of €8 to €38, there is a legitimate expectation that those delivering the essential public goods will be adequately and fully remunerated for the services that they are providing for the benefit of wider society.
Amendment 227 #
Proposal for a regulation
Recital 29 b (new)
Recital 29 b (new)
(29b) Stresses that in order to get public “buy in” to new measures, the food sovereignty of local and regional areas is not undermined by the implementation of this regulation; reaffirms the fundamental human right of people to food, and the right of populations who in the past, provided for themselves and their region to continue to do so into the future.
Amendment 228 #
Proposal for a regulation
Recital 29 c (new)
Recital 29 c (new)
(29c) It will be necessary when calculating the remuneration due for the services provided, that the methodology goes beyond the narrow lens of “costs incurred and income forgone” by the farmer, as the socio-economic losses to the wider community can be much greater with the loss of both upstream and downstream economic activity in the local area.
Amendment 292 #
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity lLandscape features on agricultural land, including buffer strips, rotational or non-rotational fallow land, hedgerows, 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 pastoral agroforestry systems and productive elements in non- productive hedges can also be considered as high biodiversity landscape features provided that they do not receive 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 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 298 #
Proposal for a regulation
Recital 53
Recital 53
(53) The Common Agricultural Policy (CAP) 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 300 #
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 may 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 if implemented correctly, however it can have a negative effect on biodiversity is not managed correctly through the destruction of existing habitats of ground nesting birds and small mammals. In addition the increased emissions of methane from rewetted peatland may negate partially or totally the reduction of CO2. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. In order for these far reaching measures to be accepted by the landowners it is vital that that proposed measures are “stress tested” and evaluated for their applicability and suitability in advance, through EIP pilot projects and impact assessments so the desired outcomes can be assured and to avoid the negative outcomes of the top down implementation of the past. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. 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 308 #
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; Definitive clear adequate funding streams must be in place in advance of proposed measures being implemented, this can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes.
Amendment 313 #
Proposal for a regulation
Recital 56
Recital 56
(56) The new EU Forest Strategy for 203081 outlined the need to restore forestthe biodiversity of forests, agroforests and urban woodlands. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forests and agroforestry ecosystems that host rich biodiversity are vulnerable to climate change but are also 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 454 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15 a) Agroforestry systems are “land use systems where trees are grown in combination with agriculture on the same land” (Regulation 2022/2472 Article 2.9) and are further clarified in national CAP strategic plans;
Amendment 492 #
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. A; areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good conditiona comprehensive initial ecological assessment shall be carried to establish high resolutions baselines (using IACS/ LPIS) and to ensure the suitability of proposed measures.
Amendment 733 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) share of agricultural land with high-diversity landscape features.
Amendment 767 #
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. Those measures shall be in place ; In order for these measures to achieve the desired outcomes they shall be stress tested and evaluated for their applicability and suitability in advance, through EIP pilot projects and impact assessments so as negative outcomes can be avoided; After demonstrating their suitability in advance these measures shall be in place on at least:
Amendment 782 #
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 quarter shall be rewetted; Paludiculture systems;
Amendment 793 #
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 half shall be rewettedPaludiculture systems;
Amendment 807 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetted.Paludiculture systems;
Amendment 828 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
Where applicable, in advance of imposing measures contained in this article on private property, Member States shall firstly use state owned land constituting of organic soils to contribute to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)
Amendment 873 #
Proposal for a regulation
Article 10 – paragraph 2 – point f – point 1 (new)
Article 10 – paragraph 2 – point f – point 1 (new)
1) Requirements (a) and (b) shall not apply in forests and agroforests with medium to high fire risk;
Amendment 1130 #
Proposal for a regulation
Article 16 – title
Article 16 – title
16 AEnsuring a just transition and access to justice
Amendment 1131 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member Sstates shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law,in order to guarantee a “just transition” landowners who will be impacted will be fully negotiated with in advance of implementation of proposed law and retain the right to challenge the substantive or procedural legality of the nationalproposed restoration plans and any failures to act of the competent authorities, regardless of the role members of the public havw. In addition they shall also ensure that in implementing this Regulation its terms and conditions are fully compatible and compliant with other relevant National and EU law, regulations and directives pertaining to the land. Member States shall also ensure that on the played during the process for preparing and establishing the national restoration plannd concerned an agricultural activity suitable for qualifying the land as agricultural area may be maintained pursuant to the definitions and conditions laid down in Article 4 of Regulation (EU) 2021/2115.
Amendment 1134 #
Proposal for a regulation
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1 a. Member States shall ensure that members of the public, in accordance with national law, that have a sufficient interest or that maintain the impairment of a right, 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 1271 #
Proposal for a regulation
Annex IV
Annex IV