59 Amendments of Marie Anne ISLER BÉGUIN related to 2008/0016(COD)
Amendment 75 #
Proposal for a directive
Recital 4
Recital 4
(4) The Renewable Energy Roadmap demonstrated that at least a 20% target for the overall share of energy from renewable sources and a 10% target for renewable energy in transport would be appropriate andwould be achievable as objectives, and that a framework that includes mandatory targets should provide the business community with the long term stability it needs to make rational investment decisions in the renewable energy sectorwards a renewable energies based economy.
Amendment 79 #
Proposal for a directive
Recital 6
Recital 6
Amendment 84 #
Proposal for a directive
Recital 8
Recital 8
(8) In the light of the positions taken by the Commission, the Council and the European Parliament, it is appropriate to establish mandatory targets for an overall 20% share of renewable energy and a 1minimum interim and overall 20% share of renewable energy in transport in the European Union's final consumption in 2020.
Amendment 89 #
Proposal for a directive
Recital 10
Recital 10
(10) By contrast, it is appropriate for the 10% target for renewable energy in transport to be set at the same level for each Member State in order to ensure consistency in transport fuel specifications and availability. Because transport fuels are traded easily, Member States with low endowments of the relevant resources will easily be able to obtain renewable transport fuels from elsewhere. While it would technically be possible for the Community to meet its biofuel target solely from domestic production, it is both likely and desirable that the targetWhile it is likely that the renewable energy targets will in fact be met through a combination of domestic production and imports. ToIn this endcontext, the Commission should monitor the supply of the Community market for biofuels, and should, as appropriate, propose relevant measures to achieve a balanced approach between domestic production and importsrenewable energies, including biomass for energy, taking into account the development of multilateral and bilateral trade negotiations as well as environmental, social, cost, energy security and other considerations.
Amendment 104 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to prevent unnecessary burdensome research by economic operators and in order to prevent conversion of high-carbon-stock land that in hindsight would prove to be not eligible for producing raw materials for biofuels and other bioliquids, those types of land whose carbon stock loss upon conversion could not, within a reasonable period taking into account the urgency of tackling climate change, be compensated by the greenhouse gas savings of producing biofuels and other bioliquids, should not be converted for the production of biofuels and other bioliquidcompetition for food and feed and taking into account the urgency of tackling climate change and the possible significant negative greenhouse gas impacts of indirect land use change, land used for food or feed production , should not be converted for the production of transport fuels. Transport fuels from biomass should be limited to production from idle, marginal or degraded land without high biodiversity value where the direct land use conversion results in a net carbon benefit and there are no significant negative local environmental or other impacts. Inventories of worldwide carbon stocks lead to the conclusion that wetlands and continuously forested areas should be inexcluded in this categorfrom biomass production for energy.
Amendment 108 #
Proposal for a directive
Recital 48
Recital 48
Amendment 114 #
Proposal for a directive
Recital 57
Recital 57
(57) Since the general objectives of achieving a 20% share of renewable energies in the Community's overall energy consumption and a 10% share of biofuels in each Member State's transport petrol and diesel consumption by 2020 cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale of the action, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 120 #
Proposal for a directive
Article 1
Article 1
This Directive establishes a common framework for the promotion of energy from renewable sources. It sets mandatory EU and national targets for the overall share of energy from renewable sources in energy consumption and for the share of energy from renewable sources in transport. It lays down rules relating to guarantees of origin, administrative procedures and electricity grid connections in relation to energy from renewable sources. It establishes environmental sustainability criteria for biofuels and other bioliquidenergy from biomass.
Amendment 127 #
Proposal for a directive
Article 2 – point (b)
Article 2 – point (b)
(b) "biomass" means the biodegradable fraction of products, waste and residues from agriculture (including vegetal and animal substances) and aquaculture, forestry and related industries, as well as the separated collected biodegradable fraction of industrial and municipal waste;
Amendment 131 #
Proposal for a directive
Article 2 – point (e)
Article 2 – point (e)
(e) "bioliquids" meansmass for energy" means solid, gaseous or liquid fuel for energy purposes produced from biomass;
Amendment 132 #
Proposal for a directive
Article 2 – point (f)
Article 2 – point (f)
(f) "biofueltransport fuels from biomass" means liquid or gaseous fuel for transport produced from biomass;
Amendment 133 #
Proposal for a directive
Article 2 – point (f a) (new)
Article 2 – point (f a) (new)
(fa) "wetland" means land that is covered with or saturated by water permanently or for a significant part of the year;
Amendment 134 #
Proposal for a directive
Article 2 – point (f b) (new)
Article 2 – point (f b) (new)
(fb) “idle, degraded, or marginal land” land that is not, and has not been, forest or wetland since 1990, that is not of High Conservation Value or in direct proximity of such land, or inside valuable nature or government protected areas, and that has not been used for agricultural purposes for at least 10 years;
Amendment 135 #
Proposal for a directive
Article 2 – point (f c) (new)
Article 2 – point (f c) (new)
(fc) "agro-fuels" are fuels from biomass which are grown on arable land and which compete for the arable land with production for food or feed;
Amendment 142 #
Proposal for a directive
Article 3 – paragraph 3
Article 3 – paragraph 3
Amendment 169 #
Proposal for a directive
Article 10 a (new)
Article 10 a (new)
Amendment 186 #
Proposal for a directive
Article 15 – paragraph 1 – point (aa) (new)
Article 15 – paragraph 1 – point (aa) (new)
(aa) measuring compliance of transport fuels with the requirements of the Fuel Quality Directive;
Amendment 187 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 1
Article 15 – paragraph 2 – subparagraph 1
2. The greenhouse gas emission saving from the use of biofuels and other bioliquidenergy from biomass taken into account for the purposes referred to in paragraph 1 shall be at least 35calculated on the basis of Article 17(1) and shall be at least 60%.
Amendment 192 #
Proposal for a directive
Article 15 – paragraph 2 – subparagraph 2
Article 15 – paragraph 2 – subparagraph 2
Amendment 198 #
Proposal for a directive
Article 15 – paragraph 2 a (new)
Article 15 – paragraph 2 a (new)
2a. Transport fuels from biomass taken into account for the purposes referred to in paragraph 1 shall be limited to fuels produced from (a) waste or residues, including biogas, (b) feedstock grown on idle, degraded or marginal land with a net carbon benefit regarding land use emissions over 10 years; (c) fuel from feedstock which does not result in direct or indirect land use change emissions.
Amendment 200 #
Proposal for a directive
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Biofuels and other bioliquidmass for energy other than transport fuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with recognised high biodiversity value, that is to say unless consisting of legal and regulated waste streams or wood residues arising from legitimate conservation management practices. This includes land that had one of the following statuses in or after January 20081990, whether or not the land still has this status:
Amendment 203 #
Proposal for a directive
Article 15 – paragraph 3 – point -a (new)
Article 15 – paragraph 3 – point -a (new)
(-a) High Conservation Value land
Amendment 205 #
Proposal for a directive
Article 15 – paragraph 3 – point a
Article 15 – paragraph 3 – point a
(a) forest undisturbed by significant human activity, that is to say, forest where there has been no known significant human intervention or where the last significant human intervention was sufficiently long ago to have allowed the natural species composition and processes to have become re-established; unless evidence is provided that any human intervention has been and will continue to be of an intensity and periodicity which allows the natural species composition and processes to be retained;
Amendment 206 #
Proposal for a directive
Article 15 – paragraph 3 – point b
Article 15 – paragraph 3 – point b
(b) areas designated for nature protection purposes, including those designated for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements, unless evidence is provided that the production of that raw material did not interfere with those purposes;
Amendment 207 #
Proposal for a directive
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) highly biodiverse grassland, that is to say grassland that is species-rich, not fertilisedmaintains the natural species composition and ecological characteristics and processes and is not degradfertilised.
Amendment 208 #
Proposal for a directive
Article 15 – paragraph 3 – subparagraph 2
Article 15 – paragraph 3 – subparagraph 2
The Commission shall establish the criteria and geographic ranges to determine which grasslandareas shall be covered by points (-a) to (c). Such a measure designed to amend non- essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).
Amendment 209 #
Proposal for a directive
Article 15 – paragraph 4 – introductory part
Article 15 – paragraph 4 – introductory part
4. Biofuels and other bioliquidmass for energy other than for transport fuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, that is to say land that had one of the following statuses in January 20081990 and no longer has this status:
Amendment 213 #
Proposal for a directive
Article 15 – paragraph 4 – point a
Article 15 – paragraph 4 – point a
(a) wetlands, that is to say land that is covered with or saturated by water permanently or for a significant part of the year, including pristine peatland;(aa) peatlands,
Amendment 216 #
Proposal for a directive
Article 15 – paragraph 4 – point b
Article 15 – paragraph 4 – point b
(b) continuously forested areas, that is to say land spanning more than 10.5 hectare with trees higher than 5 metres and a canopy cover of more than 310%, or trees able to reach these thresholds in situ; (ba) Savannah and scrubland, that is to say areas of mixed tree, shrub and grassland that hold high carbon stock; (bb) Permanent grassland, that is to say rangelands and pasture land which have been under grassland vegetation and pasture use for at least 20 years.
Amendment 217 #
Proposal for a directive
Article 15 – paragraph 4 –subparagraph 2
Article 15 – paragraph 4 –subparagraph 2
Amendment 219 #
Proposal for a directive
Article 15 – paragraph 4 a (new)
Article 15 – paragraph 4 a (new)
Amendment 221 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
Amendment 225 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
Amendment 227 #
Proposal for a directive
Article 15 – paragraph 7
Article 15 – paragraph 7
Amendment 229 #
Proposal for a directive
Article 15 - paragraph 7 a (new)
Article 15 - paragraph 7 a (new)
7a. Energy from biomass shall not be taken into account for the purposes referred to in paragraph 1 unless effective measures have been taken to prevent: (a) deterioration of surface and groundwater quality by inputs of pollutants and excessive amounts of nutrients; (b) excessive water consumption in areas where water is scarce; (c) air pollution; (d) deterioration of soil quality In the production of raw materials for biomass for compliance under paragraph 1, both in the community and in third countries, no genetically modified plants and products thereof shall be used.
Amendment 232 #
Proposal for a directive
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 234 #
Proposal for a directive
Article 16 – paragraph 4
Article 16 – paragraph 4
4. The Commission may decide that bilateral and multilateral agreements between the Community and third countries demonstrate that biofuels and other bioliquids produced from raw materials cultivated in those countries comply with the environmental sustainability criteria in paragraphs 3 or 4 of Article 15. The Commission may decidshall encourage that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 15(2) or demonstrate that consignments of biofuelmass for energy comply with the environmental sustainability criteria in paragraphs 3 or 4 of Article 15. The Commission may decide that national, multinational or international schemes to measure greenhouse gas savings contain accurate data for the purposes of Article 15(2 under regulatory procedure with scrutiny refereed to in Article 21 (3).
Amendment 238 #
Proposal for a directive
Article 16 – paragraph 6
Article 16 – paragraph 6
6. Decisions pursuant to paragraph 4 shall be adopted in accordance with the procedureregulatory procedure with scrutiny referred to in Article 21(23). Such decisions shall be valid for a period of no more than 5 years and can be revoked at the initiative of the Commission, the Committee provided for in Art 21 (2) or the European Parliament at any time when there is significant concern over a scheme’s reliability.
Amendment 244 #
Proposal for a directive
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
Amendment 251 #
Proposal for a directive
Article 17 – paragraph 2
Article 17 – paragraph 2
2. By 31 MarchDecember 20109 at the latest, Member States shall submit to the Commission a report including a list of those entities of their territory classified as NUTS 2 level in Regulation (EC) No 1059/2003 of the European Parliament and of the Council1 where the typical greenhouse gas emissions from cultivation of agricultural raw materials can be expected to be lower than or equal to the emissions reported under the heading "cultivation" in part D of Annex VII to this Directivelist of idle, degraded or marginal land where energy crop production could produce a net carbon benefit, accompanied by a description of the method and data used to establish that list. The method shall take into account soil characteristics, climate and expected raw material yields. ___________OJ L 154, 21.6.2003, p. 1.
Amendment 252 #
Proposal for a directive
Article 17 – paragraph 3 – introductory part
Article 17 – paragraph 3 – introductory part
3. The default values in Part A of Annex VII for biofuels, and the disaggregated default values for cultivation in Part D of Annex VII for biofuels and other bioliquids, shalltransport and liquid fuels from biomass may apply only when their raw materials are cultivated:
Amendment 253 #
Proposal for a directive
Article 17 – paragraph 3 a (new)
Article 17 – paragraph 3 a (new)
3a. Emissions caused by indirect land use change shall be added to all transport fuels from biomass where direct land use change does not apply, unless the production is based upon raw materials that do not require the use of arable, pasture or permanent crop land, including waste.
Amendment 255 #
Proposal for a directive
Article 17 – paragraph 5 – point a
Article 17 – paragraph 5 – point a
(a) where the contribution of a factor to overall emissions is smallless than 5%, or where there is limited variation, or where the cost or difficulty of establishing actual values is highpractically no variation, default values shall be typical of normal production processes;
Amendment 256 #
Proposal for a directive
Article 17 – paragraph 5 – point b
Article 17 – paragraph 5 – point b
(b) in all other cases default values shall be conservative compared to normalrepresent the 90% percentile of values for production processes.
Amendment 262 #
Proposal for a directive
Article 18 – paragraph 4
Article 18 – paragraph 4
4. For the purposes of demonstrating compliance with national renewable energy obligations placed on operators,ensuring achievement of the share of energy from renewable sources under Article 3 and Annex I the contribution made by biotransport fuels produced from wastes, residues, non-food cellulosic material, and ligno-cellulosic material shall be considered to be twice that made by other biofuelmay receive support from Member States.
Amendment 266 #
Proposal for a directive
Article 19 – paragraph 2 – point k
Article 19 – paragraph 2 – point k
(k) the estimated net greenhouse gas savings due to the use of energy from renewable sources including the impact on carbon stocks linked to direct or indirect land use change.
Amendment 267 #
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission shall maintain a dialogue and exchange information with third countries, environmental and social non-governmental organisations and biofuel producer and consumer organisations concerning the general implementation of the measures in this Directive relating to biofuels and other bioliquidsmass for energy.
Amendment 270 #
Proposal for a directive
Article 20 – paragraph 5 – point c a (new)
Article 20 – paragraph 5 – point c a (new)
(ca) the impact of EU biofuel policy on direct and indirect land use change and an estimate of the associated carbon emissions, and
Amendment 276 #
Proposal for a directive
Article 20 – paragraph 5 – subparagraph 2
Article 20 – paragraph 5 – subparagraph 2
Amendment 279 #
Proposal for a directive
Annex I – point B – title and introductory part
Annex I – point B – title and introductory part
B. Indicative trajectory The indicativeMandatory interim target trajectory Mandatory interim target trajectory referred to in Article 3(2) shall respect the following shares of energy from renewable sources:
Amendment 282 #
Proposal for a directive
Annex VII – part A
Annex VII – part A
Annex VII part A deleted
Amendment 283 #
Proposal for a directive
Annex VII – part B
Annex VII – part B
Annex VII part B deleted
Amendment 284 #
Proposal for a directive
Annex VII – part C – paragraph 1 – subparagraph 1
Annex VII – part C – paragraph 1 – subparagraph 1
1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and other bioliquids shall be calculated as: E = eec + el + ep + etd + eu – eccs - eccriluc + esca+ ep + etd + eu – eee, where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el = annualised emissions from carbon stock changes caused by land use change; ep = emissions from processing; etd = emissions from transport and distribution;eiluc = annualised emissions from carbon stock changes caused by indirect land use change; esca = emission savings from soil carbon accumulation via improved agricultural management eup = emissions from the fuel in use; eccs = emission savings from carbon capture and sequestraprocessing; etd = emissions from transport and distribution; eccru = emission savings from carbon capture and replacement; ands from the fuel in use; eee = emission savings from excess electricity from cogeneration.
Amendment 290 #
Proposal for a directive
Annex VII – part C – paragraph 7
Annex VII – part C – paragraph 7
7. Annualised emissions from carbon stock changes caused by land use change, el, shall be calculated by dividing total emissions equally over 210 years. For the calculation of these emissions the following rule shall be applied: el = (CSR – CSA) x MWCO2/MWC x 1/210 x 1/P, where el = annualised greenhouse gas emissions from carbon stock change due to land use change (measured as mass of CO2- equivalent per unit biofueltransport fuel from biomass energy); CSR = the carbon stock per unit area associated with the reference land use (measured as mass of carbon per unit area, including aboth soil and vegetation). The reference land use shall be the land use in January 2008 or 20 years before the raw material was obtained, whichever was the latest;ve and below ground biomass, litter, soils, deadwood and harvested wood products, following the "2006 IPCC guidelines for national greenhouse gases inventories - volume 4"). The reference land use shall be the land use in January 2008 CSA = the carbon stock per unit area associated with the actual land use (measured as mass of carbon per unit area, including aboth soil and vegetationve and below ground biomass, litter, soils, deadwood and harvested wood products, following the "2006 IPCC guidelines for national greenhouse gases inventories - volume 4"); MWCO2 = molecular weight of CO2 = 44.010 g/mol; MWC = molecular weight of carbon = 12.011 g/mol; and P = the productivity of the crop (measured as biofuel ortransport fuels and other bioliquid fuels from biomass energy per unit area per year).
Amendment 292 #
Proposal for a directive
Annex VII – part C – paragraph 8 a (new)
Annex VII – part C – paragraph 8 a (new)
8a. Emissions caused by indirect land use change, eiluc, shall have a value of 0 where production is based upon raw materials that do not require the use of arable, pasture or permanent crop land, including waste. eiluc shall have a value of 120g CO2/MJ in all other cases.
Amendment 295 #
Proposal for a directive
Annex VII – part C – paragraph 12
Annex VII – part C – paragraph 12
Amendment 296 #
Proposal for a directive
Annex VII – part C – paragraph 13
Annex VII – part C – paragraph 13
Amendment 297 #
Proposal for a directive
Annex VII – part C – paragraph 15
Annex VII – part C – paragraph 15
15. Where a fuel production process produces, in combination, the fuel for which emissions are being calculated and one or more other products ("co- products"), greenhouse gas emissions shall be divided between the fuel or its intermediate product and the co-products in proportion to their energy content (determined by lower heating value in the case of co-products other than electricity)based on substitution method. Member States shall provide for regularly reviewed default values for typical co-products.
Amendment 301 #
Proposal for a directive
Annex VII – part C – paragraph 17 – subparagraph 1
Annex VII – part C – paragraph 17 – subparagraph 1
17. For biofueltransport fuels from biomass, for the purposes of the calculation referred to in paragraph 4, the fossil fuel comparator EF shall be the latest available actual average emissions from petrol and diesel consumed in the Community as reported under [Directive 98/70/EC]. If no such data are available, the value used shall be 83.8 gCO2eq/MJ or 83.8 gCO2eq/MJ, whichever is the lowest.