34 Amendments of France JAMET related to 2022/0195(COD)
Amendment 79 #
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 capit, as part of which the Commission has adopted an EU Biodiversity Strategy for 203044 . In the light of recent events that have profoundly disrupted the EU’s economic, social, and to protect the health and well-being of citizens from environment-related risks and impacts. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044political situation, those strategies must be revised to make their targets more realistic and attainable. _________________ 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 80 #
(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. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044. In light of events in recent years that have profoundly changed the EU’s economic and political situation, those strategies must be revised in order to adopt more realistic and attainable targets. _________________ 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 83 #
Proposal for a regulation
Recital 9
Recital 9
(9) In its conclusions of 23 October 202050, the Council acknowledged that preventing further decline of the current state of biodiversity and nature will be essential, but not sufficient to bring nature back into our lives. The Council reaffirmed that more ambition on nature restoration is needed as proposed with the new EU Nature Restoration Plan, which includes measures to protect and restore biodiversity beyond protected areas. The Council also stated that it awaited a proposal for legally binding nature restoration targets, subject to an impact assessment. _________________ 50 Council Conclusions on Biodiversity - the need for urgent action, 12210/20.
Amendment 84 #
Proposal for a regulation
Recital 9
Recital 9
(9) In its conclusions of 23 October 50 2020 , the Council acknowledged that preventing further decline of the current state of biodiversity and nature will be essential, but not sufficient to bring nature back into our lives. The Council reaffirmed that more ambition on nature restoration is needed as proposed with the new EU Nature Restoration Plan, which includes measures to protect and restore biodiversity beyond protected areas. The Council also stated that it awaited a proposal for legally binding nature restoration targets, subject to an impact assessment. _________________ 50 Council Conclusions on Biodiversity - the need for urgent action, 12210/20.
Amendment 107 #
(27) DeadlinRestoration measures should therefore be established for putting in place restoration measuresput in place 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 110 #
Proposal for a regulation
Recital 29
Recital 29
(29) It is necessary that the restoration measures for habitat types are adequate and suitable to reach good condition and the favourable reference areas as swiftly as possible, with a view to achieving their favourable conservation status. It is important that the restoration measures are those necessary to achieve the time-bound and quantified area-based targets. It is also necessary that the restoration measures for the habitats of the species are adequate and suitable to reach their sufficient quality and quantity as swiftly as possible with a view to achieving the favourable conservation status of the species, without damaging the economic activities linked to them.
Amendment 125 #
Proposal for a regulation
Recital 36
Recital 36
(36) The EU Biodiversity Strategy for 2030 emphasises the need for stronger action to restore degraded marine ecosystems, including carbon-rich ecosystems and important fish spawning and nursery areas. The Strategy also announces that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems while also protecting the economic sustainability of the fisheries and aquaculture sector, which is one of the foundations of the Union’s food sovereignty.
Amendment 126 #
Proposal for a regulation
Recital 36
Recital 36
(36) The EU Biodiversity Strategy for 2030 emphasises the need for stronger action to restore degraded marine ecosystems, including carbon-rich ecosystems and important fish spawning and nursery areas. The Strategy also announces that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems, which must take account of the socio-economic impacts and must make provision for collaboration with all stakeholders.
Amendment 129 #
Proposal for a regulation
Recital 38
Recital 38
(38) Where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated, the common fisheries policy applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council68 provides, in particular, that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. That while ensuring the sector’s economic sustainability. While the Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment, it should be noted that land-based activities account for the vast majority of pollution (industrial activities, waste processing, discharges from oil platforms, etc.) and that such pollution should be limited more effectively before imposing heavy restrictions on economic operators in the marine environment. _________________ 68 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 132 #
Proposal for a regulation
Recital 38
Recital 38
(38) Where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated, the common fisheries policy applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council68 provides, in particular, that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. Such actions must be subject to a socio-economic impact study to ensure that the sector remains sustainable. That Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. _________________ 68 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 138 #
Proposal for a regulation
Recital 39
Recital 39
(39) In order to achieve the objective of continuous, long-term and sustained recovery of biodiverse and resilient nature, Member States should make full use of the possibilities provided under the common fisheries policy. Within the scope of the exclusive competence of the Union with regard to conservation of marine biological resources, Member States have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. In addition, Member States that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under Union law on the environment. Such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy.
Amendment 148 #
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 shave the possibility to designate additional areasll designate areas that they consider should be classified as ‘protected areas’ or ‘strictly protected areas’, toshall implement other effective area-based conservation measures, and toshall promote private land conservation measures.
Amendment 163 #
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 assess and, where possible, 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 167 #
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, including in socio-economic terms, 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. This evaluation must be made available to the public.
Amendment 181 #
Proposal for a regulation
Article premier – paragraph 2
Article premier – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, allfor land and sea ecosystems in need of restoration.
Amendment 222 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
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, 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 226 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. 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. 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 60 % of that surface by 2040, and 100% of that surface by 2050.
Amendment 247 #
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 252 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall choose and put in place the restoration measures that arethey consider necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measure. Such measures must meet marine ecosystem conservation targets sthall be in place on at least 30 % of the area of each group of habitat types listed in Annex IIt are as ambitious as possible, but must not exacerbate the dependence of Member States on importing marine products from third countries that isdo 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. comply with the high socio-environmental standards of the European Union. The planning of restoration measures for vulnerable marine environments must, therefore, not result in the disappearance of traditional marine occupations but must, instead, ensure the harmony of economic life in our coastal regions.
Amendment 256 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas ofthe habitat types listed in Annex II which arhave not in good condition. Such measures shall be in place on at least 30% of the area of each group ofbeen assessed as such on the basis of the best available knowledge. Such measures shall be in place on each area of the habitat types listed in Annex II 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.
Amendment 263 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types. 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, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 264 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas notthought not to be covered by those habitat types. 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, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050 on the basis of the best available knowledge.
Amendment 281 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, 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. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition.
Amendment 330 #
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territorys satisfactory a result as possible is reachieved;
Amendment 348 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point ii
Article 11 – paragraph 2 – point a – point ii
(ii) the habitat area evaluated as not in good condition;
Amendment 351 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point ii a (new)
Article 11 – paragraph 2 – point a – point ii a (new)
(iia) the habitat area currently not evaluated that remains in unknown condition;
Amendment 368 #
Proposal for a regulation
Article 11 – paragraph 5 – point c
Article 11 – paragraph 5 – point c
(c) the Union bindingcative target for 2030 set out in Article 3 of Directive 2018/2001/EU of the European Parliament and of the Council.
Amendment 370 #
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. As wind energy is not compatible with the nature preservation targets, offshore wind farms must not be located in protected marine areas.
Amendment 391 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effective and, that the public is given early andand those concerned are given, from the very first discussions, effective opportunities to participate in its elaboration and that their opinions are actually taken into account. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 403 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10.
Amendment 406 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a description of the restoration measures planned, or put in place, 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 437 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
Amendment 448 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
Amendment 455 #
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 deemedNon-governmental organisations shall not be deemed a priori to have rights capable of being impaired and , nor any otheir interest shall be deemed sufficientrights that would override the rules set by a state or that would permit derogation from those imposed on all citizens or institutions.