[ParlTrack]

Proposal for a regulation
–

The Committee on Fisheries calls on the Committee on the Environment, Public Health and Food Safety, as the committee with principal responsibility, to propose that the Commission proposal is rejected:

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 2

(2) The European Green Deal43 has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 203044. _________________ 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.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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 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 carbon, and to prevent and reduce the impact of natural disasters.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 8

(8) In its resolution of 9 June 202149, the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free-flowing rivers, coastal areas and marine ecosystems. _________________ 49 European Parliament resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030: Bringing nature back into our lives (2020/2273(INI)).deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 10

(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 11

(11) The EU Biodiversity Strategy for 2030 sets out a target to ensure that there is no deterioration in conservation trends or in the status of protected habitats and species and that at least 30 % of species and habitats not currently in favourable status will fall into that category or show a strong positive trend towards falling into that category by 2030. The guidance52 developed by the Commission in cooperation with Member States and stakeholders to support the achievement of these targets highlights that maintenance and restoration efforts are likely to be required for most of those habitats and species, either by halting their current negative trends by 2030 or by maintaining current stable or improving trends, or by preventing the decline of habitats and species with a favourable conservation status. The guidance further emphasises that those restoration efforts primarily need to be planned, implemented and coordinated at national or regional levels and that, in selecting and prioritising the species and habitats to be improved by 2030, synergies with other Union and international targets, in particular environmental or climate policy targets, are to be sought. _________________ 52 Available at Circabc (europa.eu) [Reference to be completed]deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 13

(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. ~~Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in goo~~Restoration measures should only be taken if the combined econdition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristicomic, social and environmental benefits outweigh the combined economic, social and environmental disadvantages.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 24

(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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~~within Natura 2000 sites.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 27

(27) Deadlines should therefore be established for putting in place restoration measures within ~~and beyond~~ Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 28

(28) ~~Similar r~~Requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 31

(31) In order to ensure that the restoration measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a ~~continuous~~n improvement until good condition is reached.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 32

(32) It is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, show a ~~continuous~~n improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 33

(33) It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, ~~until the favourable reference area for each habitat type is reached and at least 90 % at Member State level of that area is in good condition,~~ so as to allow those habitat types in the Union to achieve favourable conservation status.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 35

(35) It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are ~~directly~~ caused by climate change, or as a result of a plan or project ~~of overriding public interest~~, for which no less damaging alternative solutions are available, ~~to be determined on a case by case basis,~~ or of a plan or project authorised in accordance with Article 6(3) and 6(4) of Directive 92/43/EEC, or due to incompatibility with essential socio- economic functions of the area or of activities in the area, such as food supply.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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 Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. The CFP shall ensure that fishing and aquaculture activities are environmentally sustainable in the long-term and are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. _________________ 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).

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
–

The Committee on Agriculture and Rural Development calls on the Committee on Environment, Public Health and Food Safety, as the committee responsible, to reject the Commission proposal.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Citation 1

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(12), first subparagraph, point (b) thereof,

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 1

(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the Union territory~~. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives~~, while ensuring the food security and the economic viability of sectors concerned.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Recital 41

(41) It is important that restoration measures are also put in place for the habitats of certain marine species, such as sharks and rays, that fall within the scope of the Convention on the Conservation of Migratory Species of Wild Animals, but outside the scope of Directive 92/43/EEC, as they have an important function in the ecosystem.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 42

(42) To support the restoration and non-deterioration of terrestrial, freshwater, coastal and marine habitats, Member States have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 58

(58) Restoration targets and obligations for habitats and species protected under Directives 92/43/EEC and 2009/147/EC, for pollinators and for freshwater, urban, agricultural and forest ecosystems should be complementary and work in synergy, with a view to achieving the overarching objective of restoring ecosystems across the Union’s land and sea areas. The restoration measures required to achieve one specific target will in many cases contribute to the achievement of other targets or obligations. Member States should therefore plan restoration measures strategically with a view to maximising their effectiveness in contributing to the recovery of nature across the Union. Restoration measures ~~should also be planned in such manner that they address~~may contribute to climate change mitigation and climate change adaptation and the prevention and control of the impact of natural disasters. They should aim at optimising the ecological, economic and social functions of ~~ecosystem~~areas, including their productivity potential, taking into account their contribution to the sustainable development of the relevant regions and communities. It is important that Member States prepare detailed national restoration plans based on the best available scientific evidence, and that the public is given early and effective opportunities to participate in the preparation of the plans. Member states involve stakeholders at an early stage in developing and shaping the restoration plan. Member States should take account of the specific conditions and needs in their territory, in order for the plans to respond to the relevant pressures, threats and drivers of biodiversity loss, and should cooperate to ensure restoration and connectivity across borders.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 60

(60) In order to ensure coherence between the objectives of this Regulation and ~~Directive (EU) 2018/200184,~~ Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86, in particular, during the preparation of national restoration plans, Member States should take account of the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. _________________ ~~84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82).~~ 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 61

(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy87 states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency88 and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements89, both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should ~~avoid~~, where possible, coincide these go-to areas with protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies 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. _________________ 87 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions REPowerEU: Joint European Action for more affordable, secure and sustainable energy (COM/2022/108 final). 88 Proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency, COM/2022/222 final. 89 Commission recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements, C(2022) 3219 final.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 74

(74) In line with the commitment in the 8th Environment Action Programme to 2030107, Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. _________________ 107 [Reference to be added when the 8th EAP has been published].deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 10

(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old- growth forests. The criteria and guidance for the designation of additional protected areas by Member States51 (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. _________________ 51 Commission Staff Working Document Criteria and guidance for protected areas designations (SWD(2022) 23 final).deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Recital 75

(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species to the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 77

(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish a~~dditional~~mended restoration targets, based on ~~common methods for assessing the condition of ecosystems not covered by Articles 4 and 5~~an integrated consideration of economic, social and environmental interests, taking into account the most recent scientific evidence.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 13

(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services~~, and the benefits of restoring degraded ecosystems to goo~~. Restorative measures should only be taken if the combined econ~~dition in all land and sea areas far outweigh the costs of restoration. Those services~~omic, social and environmental benefits outweigh the combined economic, social and environmental disadvantages. Those services if balanced well may contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 1 – point b

~~(b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptation;~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 13 a (new)

(13a) A socio-economic impact assessment, evaluating the effect on the economic effect on affected sectors, food security ,and infrastructure and housing developments, among others, should therefore be carried out and findings from the impact assessment be respected in the national restoration plan.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 2030, at least 210 % of the ~~Union’s land and sea areas and, by 2050, all ecosys~~Natura 2000 sitems in need of restoration.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 a (new)

Article 1a Measures taken under this Regulation shall take account of economic, social and cultural requirements and regional and local characteristics in accordance with Article 2(3) of Directive 92/43/EEC.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 1

1) ‘"ecosystem’" means ~~a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes~~the relevant habitat types, and habitats of species ~~and species populations~~;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 3

3) ‘restoration’ means the process of actively or passively assisting the recovery ~~of an ecosystem towards or to good condition,~~ of a habitat type to the highest level of condition attainable ~~and to its favourable reference area~~, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity ~~and ecosystem resilience~~;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 4

(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long- term maintenancefavourable conservation status as defined in Article 1(e) of Directive 92/43/EEC;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 5

(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region ~~at national level~~ that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and ~~all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment~~which is composed of the area of the habitat type;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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 towith the aim to jointly ensure the recovery of protected habitats and species, including wild birds, across Union areas~~, also in areas that fall outside~~ within Natura 2000.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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 achiev~~until the 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.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 1

1. Member States shall put in place in Natura 2000 sites 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~~a favourable conservation status. Such measures shall be in place on at least 310 % 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~~.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 3

3. Member States shall put in place in Natura 2000 sites the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II~~, IV~~ and IV to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 4

4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1~~, 2~~ and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. ~~Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition~~In identifying the most suitable areas, the socio-economic functions of these areas and of the activities in these areas are taken into account.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 5

5. The restoration measures referred to in paragraphs 1 ~~and 2~~ shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 6

6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1~~, 2~~ and 3 show a ~~continuous~~n improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a ~~continuous~~n improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. ~~Member States shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate.~~

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 7

~~7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate.~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 8

8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by: (a) force majeure; (b) unavoidable habitat transformations which are directly caused by climate change; or (c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – introductory part

9. For Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 6 ~~and 7,~~ is justified if it is caused by:

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point b

(b) unavoidable habitat transformations which are ~~directly~~ caused by climate change; or

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 35

(35) It is ~~important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation,~~appropriate to consider~~ing~~ the ~~current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure~~possibility of force majeure, including natural disasters, which may result in the deterioration of areas covered by those habitat types, as well as ~~unavoidable~~ habitat transformations which are ~~directly~~ caused by climate change, or as a result of a plan or project ~~of overriding public interest,~~ for which no less damaging alternative solutions are available, ~~to be determined on a case by case basis,~~ or of a plan or project authorised in accordance with Article 6(3) or (4) of Directive 92/43/EEC, or because of incompatibility with essential socio-economic functions of the area or of activities in the area, such as food supply. In addition, it should be expressly possible to create a general exception on the basis of a specific situation in a Member State.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point c

(c) a plan or project authorised in accordance with Article 6(3) and (4) of the Directive 92/43/EEC. or

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

(ca) incompatibility with essential socio-economic functions of the area or of activities in the area, such as food supply.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 42

(42) To support the restoration and non-deterioration of terrestrial, freshwater, coastal and marine habitats, Member States have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 10 a (new)

10a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 1

1. Member States shall put in place in Natura 2000 sites the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in ~~good condition~~a favourable conservation status. Such measures shall be in place on at least 310 % of the area of each group of 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~~.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 48

(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists76 classify as being threatened with extinction. _________________ 76 European Redlist - Environment - European Commission (europa.eu)deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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 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.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 3

3. Member States shall put in place in Natura 2000 sites the restoration measures for the marine habitats of species listed in Annex III and in Annex~~es II, IV and~~ IV to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are necessary in order to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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~~In identifying the most suitable areas, the socio- economic functions of these areas and of the activities in these areas are taken into account.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 5

5. The restoration measures referred to in paragraphs 1 ~~and 2~~ shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 52

(52) High-diversity landscape 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 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.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1~~, 2~~ and 3 show a ~~continuous~~n improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a ~~continuous~~n improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. ~~Member States shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate.~~

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 7

~~7. Member States shall ensure that areas where the habitat types listed in Annex II occur do not deteriorate.~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Recital 54

(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. 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).deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 8

8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by: (a) force majeure; (b) unavoidable habitat transformations which are directly caused by climate change; or (c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis.deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 9 – introductory part

9. For Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 6 ~~and 7,~~ is justified if it is caused by:

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 9 – point b

b) unavoidable habitat transformations which are ~~directly~~ caused by climate change; or

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 9 – point c

c) a plan or project authorised in accordance with Article 6, paragraphs 3 and 4 of the Directive 92/43/EEC.; or

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 9 – point c a (new)

ca) incompatibility with essential socio-economic functions of the area or of activities in the area, such as food supply.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 5 – paragraph 10 a (new)

10a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 1

1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence and compatibility with socio- economic activities.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Article 4(1) ~~and (2)~~ and Article 5(1) ~~and (2)~~ and the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii

iii) the favourable reference area ~~taking into account the documented losses over at least the last 70 years and the projected changes to environmental conditions due to climate change~~;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv

~~(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point b

b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the ~~areas most suitable for re-establishment of those habitats, and the~~ connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 1 – introductory part

1. Th~~is Regulation lays down rules~~e aim of this Directive shall be to contribute towards:

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 5 – point c

~~(c) the Union binding target for 2030 set out in Article 3 of Directive 2018/2001/EU of the European Parliament and of the Council.~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 1 – point a

(a) ~~the continuous, long-term and sustained recovery of~~ biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ~~ecosystems~~natural habitat types towards a favourable conservation status as specified in Directive 92/43/EEC, in a manner that does not threaten food production;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. Where possible, member states combine these go-to areas with Natura 2000 sites. 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.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 1 – point b

(b) achieving the Union’s overarching objectives concerning ~~climate change mitigation and climate change adaptation~~sustainable development and food security;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 7 – point g a (new)

ga) the objectives defined in Article 2 of Regulation (EU) 1380/2013.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 1 – point c

(c) meeting the Union’s legal obligations in international commitments.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 8

8. Member States ~~shall~~may, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 9

9. Member States shall, when preparing the national restoration plans, aim at optimising the ecological, economic and social functions ~~of ecosystem~~in the areas as well as their contribution to the sustainable development of the relevant regions and communities.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 – paragraph 2

2. This Regulation establishes a framework within which Member States shall put in place~~, without delay, effective and area-based~~ plans for restoration measures w~~hich together shall~~ith the aim to jointly cover, by 20305, at least 210 % of the ~~Union’s land and sea areas and, by 2050, all ecosystem~~Natura 2000 areas in need of restoration.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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 and effective opportunities to participate in its elaboration. Member States shall involve stakeholders at an early stage in developing and shaping the restoration plan. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 1 a (new)

Article 1 a Measures taken under this Regulation shall take account of economic, social and cultural requirements and regional and local characteristics in accordance with Article 2(3) of Directive 92/43/EEC.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 1

1. The national restoration plan ~~shall~~ covers the period up to 20~~50, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 1~~30.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 1

(1) ‘ecosystem’ means a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populationhabitat types in the meaning of Article 1(c) of Directive 92/43/EEC and habitats of species;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point b

b) a description of the restoration measures planned, or ~~put in place, for achieving~~implemented to achieve and meet 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~~;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 3

(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience habitat type towards favourable conservation status;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point c

c) an indication of the measures to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point d

d~~) an indication of the measures to ensure that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7);~~eleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point e

e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 ~~and by 2050~~, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3);

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point i

i) an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10, whereby an attempt is made to balance economic, social and environmental aspects;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point j

j) the estimated ~~co-benefits for~~side effects on climate change mitigation associated with the restoration measures over time, as well as wider socio-economic ~~benefi~~effects of those measures;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point k – point i

i) the relevance of climate change scenarios for the planning of the type ~~and location~~ of restoration measures;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

(4) ‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long- term maintenancefavourable conservation status of a natural habitat as defined in Article 1(e) of Directive 92/43/EEC;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point k – point iv a (new)

iva) the compatibility of restoration measures with socio-economic activities, such as food supply;

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point m

~~(m) an indication of the subsidies which negatively affect the achievement of the targets and the fulfilment of the obligations set out in this Regulation;~~deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 5

(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at ~~national~~cross-border level that is considered the minimum necessary to ensure the long- term ~~viability~~maintainance of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishmenttypical species, and which is composed of the area of the habitat type;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 6

(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows ~~the ecological requirements of a species to be met at any stage of its biological cycle so~~ that it is maintaining itself on a long-term basis as a viable component of its natural habitat in its natural range, taking account of present and future climate realities;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 13 – paragraph 1

Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 248 months after the date of entry into force of this Regulation].

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 7

(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows ~~the ecological requirements of a species to be met at any stage of its biological cycle so~~ that it is maintaining itself on a long-term basis as a viable component of its natural habitat in its natural range, taking account of present and future climate realities;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 8

(8) ‘pollinator’ means a ~~wild~~n animal which transports pollen from the anther of a plant to the stigma of a plant, enabling fertilisation and the production of seeds;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 16 – paragraph 2

2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)

(15 a) ´high population density` means at least [X] inhabitants per km2 on average;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 19

~~1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat types. 2. The Commission is empowered to adopt~~Article 19 delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types. 3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 in accordance with the latest scientific evidence. 4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems in accordance with the latest scientific evidence. 5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States. 6. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VI in order to adapt the description, unit and methodology of indicators for forest ecosystems in accordance with the latest scientific evidence. 7. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VII in order to adapt the list of examples of restoration measures.Amendment of Annexes

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 20

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article. 2. The power to adopt delegated acts referred to in Article 19 shall be conferred on the Commission for a period of 5 years from [OP please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period. 3. The delegation of power referred to in Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force. 4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making113. 5. As soon as it adopts aArticle 20 delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council. 6. A delegated act adopted pursuant to Article 19 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council. _________________ 113 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1).Exercise of the delegation

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 1

1. ~~Member States shall put in place th~~Following the development of a revised Union-wide methodology for the assessment of the state of the habitat types and species protected under Directive 92/43/EEC, Member States shall put in place in designated Natura 2000 sites reasonable restoration measures that are necessary to improve to good condition ~~areas of~~ habitat types listed in Annex I which are not ~~in good condition~~at favourable conservation status. Such measures shall be in place on at least 310 % of the area ~~of each group~~inside Natura 2000 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 203~~0, on at least 60 % by 2040, and on at least 90 % by 2050~~5.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 22 – paragraph 1

1. The Commission shall evaluate the application of this Regulation by 31 December 2035. This considers ecological, economic and social interests and examines whether the targets set for restoration are feasible and reasonable.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 22 – paragraph 2

2. The Commission shall present a report on the main findings of the evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of Regions. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this Regulation, taking into account the need to establish a~~dditional~~mended restoration targets, based on ~~common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, and the most recent~~the most recent scientific evidence and an integrated balance between economic, soci~~entific evidence~~al and ecological interests.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
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.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Annex III

MARINE SPECIES REFERRED TO IN ARTICLE 5(3) (1) narrow sawfish (Anoxypristis cuspidata); (2) dwarf sawfish (Pristis clavata); (3) smalltooth sawfish (Pristis pectinata); (4) largetooth sawfish (Pristis pristis); (5) green sawfish (Pristis zijsron); (6) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias); (7) smooth lantern shark (Etmopterus pusillus); (8) reef manta ray (Manta alfredi); (9) giant manta ray (Manta birostris); (10) devil fish (Mobula mobular); (11) lesser Guinean devil ray (Mobula rochebrunei); (12) spinetail mobula (Mobula japanica); (13) smoothtail mobula (Mobula thurstoni); (14) longhorned mobula (Mobula eregoodootenkee); (15) Munk’s devil ray (Mobula munkiana); (16) Chilean devil ray (Mobula tarapacana); (17) shortfin devil ray (Mobula kuhlii); (18) lesser devil ray (Mobula hypostoma); (19) Norwegian skate (Raja (Dipturus) nidarosiensis); (20) white skate (Raja alba); (21) guitarfishes (Rhinobatidae); (22) angel shark (Squatina squatina); (23) salmon (Salmo salar); (24) sea trout (Salmo trutta); (25) houting (Coregonus oxyrhynchus).deleted

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 3

3. Member States shall put in place in designated Natura 2000 sites the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV ~~and V~~ to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and/or quantity of those habitats, ~~including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity~~until favourable conservation status of those habitat types is achieved.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 4

4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1~~, 2~~ and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. ~~Areas where the habitat types listed in Annex I are in unknown condi~~In identifying the most suitable areas within the Natura 2000 sites, the socio-economic functions of these areas and of the activities in these areas shall be duly taken into account. Areas with predominant food production functions shall be considered ~~as not being in good condition~~least suitable for the purposes of this Article.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 5

5. The restoration measures referred to in paragraphs 1 ~~and 2 shall~~shall where relevant consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that typically occur in those habitat types.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 6

6. Member States shall ~~ensure~~aim that the ~~areas that are subject to~~ restoration measures in accordance with paragraphs 1~~, 2~~ and 3 ~~show a continuous~~at national level contribute to an overall net improvement in the condition of the habitat types listed in Annex I until ~~good condition~~favourable conservation status of the habitat type is reached, and a ~~continuous~~n overall net improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deterioratefavourable conservation status of the species is reached.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 7

~~7. Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate.~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Annex VII – point 24

(24) Minimise negative impacts of fishing activities on the marine ecosystem, ~~for example by using gear with less impact on seabed~~as provided for in Regulation (EU) 1380/2013.

2023/01/09
Committee: PECH

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – introductory part

9. For Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 6 ~~and 7~~, is justified if it is caused by:

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point a

(a) force majeure, including natural disasters;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point b

(b) ~~unavoidable~~ habitat transformations ~~which are directly~~or other circumstances caused by climate change, third countries, natural disasters, storms and abiotic factors, or such transformations necessary to prevent major damage from these causes: or

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point c

(c) a plan or projects authorised in accordance with Article 6(3) and (4) of the Directive 92/43/EEC.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 – point c a (new)

(c a) incompatibility with essential socio-economic functions of the area or of activities in the area, such as food supply;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 9 a (new)

9 a. measures needed to achieve the objectives of conflicting environmental legislation.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 10

10. Member States shall ensure that there is: (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; (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 10 a (new)

10 a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 4 – paragraph 10 b (new)

10 b. Member States shall ensure that the measures referred to in this Article respect food production and do not entail expropriation of land used for food production.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 6 – paragraph 1

1. Member States shall en~~sure that there is no net loss of~~deavour, in their town planning, to encourage urban green space, and of urban tree canopy cover by 2030, compared to 2021~~, in all cities and in towns and suburbs~~.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 6 – paragraph 2

2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 3 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 5 % by 2050. In addition Member States shall ensure: (a) a minimum of 10 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and (b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and renewals, in all cities and in towns and suburbs.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 7 – paragraph 1

1. Member States ~~shall~~may make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation ~~and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030~~, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 7 – paragraph 2

2. Member States ~~shall~~may remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall ~~primarily~~ address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection or other uses.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 7 – paragraph 3

3. Member States ~~shall~~may complement the removal of the barriers referred to in paragraph 2 by the measures ~~necessary~~ to improve the natural functions of the related floodplains.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 8 – paragraph 1

1. Member States shall ~~reverse the decline of pollinator populations by 2030 and achieve thereafter an increasing trend of pollinator popul~~put in place appropriate support measures for promoting pollinators in agricultural ecosystems, in addition to the areas that are subject to restorations, measure~~d every three years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3)~~s under Article 4(1) and (3), taking into account impacts on agricultural production and factors such as climate change.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 1

1. Member States shall put in place ~~the restoration~~appropriate support measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account social and economic requirements and impacts on agricultural production.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 2

2. Member States shall achieve an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached: (a) grassland butterfly index; (b) stock of organic carbon in cropland mineral soils; (c) share of agricultural land with high- diversity landscape features.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 3 – introductory part

3. Member States shall put in place ~~restoration measures~~appropriate support measures with the aim to ensure that the abundance of common farmland birds in~~dex~~creases at national level based on the species specified in Annex V~~, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 100, reaches the following levels:~~

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 3 – point a

~~(a) 110 by 2030, 120 by 2040 and 130 by 2050, for Member States listed in Annex V with historically more depleted populations of farmland birds;~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 3 – point b

~~(b) 105 by 2030, 110 by 2040 and 115 by 2050, for Member States listed in Annex IV with historically less depleted populations of farmland birds.~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 9 – paragraph 4

4. For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures. Those measures shall be in place on at least: (a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted; (b) 50 % of such areas by 2040, of which at least half shall be rewetted; (c) 70 % of such areas by 2050, of which at least half shall be rewetted. Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c). In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 1

1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary ~~to meet~~with the aim of contributing to the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, compatibility with socio-economic activities, feasibility and cost- effectiveness.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – introductory part

2. Member states shall quantify the area that needs to be restored to ~~reach~~contribute to the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), ~~4(2),~~ 5(1) and ~~5(2)~~ and the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based on a comprehensive socio-economic impact assessment and, amongst others, on the following information:

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point i

(i) the total habitat area a~~nd a map of its current distribution~~t Union-wide level;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point ii

(ii) the habitat area not in good condition within Natura 2000 sites;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii

(iii) the favourable reference area ~~taking into account the documented losses over at least the last 70 years~~ and the projected changes to its natural range due to environmental conditions ~~due to~~and climate change;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv

~~(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point b

(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, ~~taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive,~~ as well as ongoing and projected changes to their natural range due to environmental conditions ~~due to~~and climate change.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point b a (new)

(b a) feasibility of restoration and cost- effectiveness and conflicting socio- economic interests;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 2 – point b b (new)

(b b) population densities and scarcity of space in the Member State;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 3

3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9).deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 4

4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversity.deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 5 – introductory part

5. Member States shall identify synergies ~~with~~and potential conflicts with food production, climate change mitigation, climate change adaptation and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 7 – point a

(a) the conservation measures established for Natura 2000 sites in accordance with Directive 92/43/EEC; and adaptations to measures in light of the development of a revised Union-wide methodology for the assessement of the state of habitat types and species concerned; adaptations in light of scientific and technical progress;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 7 – point a a (new)

(a a) the results of a comprehensive socio-economic impact assessment

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 8

8. Member States ~~shall~~may, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 9

9. Member States shall, when preparing the national restoration plans, aim at optimising the ecological, economic and social functions ~~of ecosystems~~in the areas, in full respect of ownership rights, as well as their contribution to the sustainable development of the relevant regions and communities.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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 directly concerned is given early and effective opportunities to participate in its elaboration. Member States shall duly involve the stakeholders for whom the plans could have socio-economic effects. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 11 – paragraph 11 a (new)

11 a. Member States shall ensure that the preparation of the restoration plan complies with the principle of prior and informed consent of the owner.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 1

1. The national restoration plan shall cover the period up to 2035~~0, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10~~.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
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;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point c

(c) an indication of the measures to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point d

~~(d) an indication of the measures to ensure that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7);~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point i

(i) an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10, whereby balancing economic, social and environmental aspects;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point j

(j) the estimated co-benefits and adverse effects for climate change mitigation associated with the restoration measures over time, as well as wider socio- economic benefits and adverse effects of those measures;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point k – point iv a (new)

(iv a) the compatibility of restoration measures with socio-economic activities, such as food supply;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point k – point iv b (new)

(iv b) land and tenure rights in relation to restoration measures

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 12 – paragraph 2 – point m

~~(m) an indication of the subsidies which negatively affect the achievement of the targets and the fulfilment of the obligations set out in this Regulation;~~deleted

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 13 – paragraph 1

Member States shall submit ~~a draft of~~ the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 248 months after the date of entry into force of this Regulation].

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 14 – paragraph 2

2. When a~~sses~~nalysing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 15 – paragraph 2

2. When it becomes apparent that the measures set out in the national restoration plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration plan and include supplementary measures. or a refocus of targets and measures towards the most suitable areas;

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 15 – paragraph 2 a (new)

2 a. When it becomes apparent that despite restoration measures a good condition cannot be attained, Member States may decide to revise the designation from these areas and instead focus efforts on obtaining restoration in the most suitable Natura 2000 areas.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 16 – paragraph 2

2. Member States shall determine what constitutes a ~~sufficient~~legitimate interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 16 a (new)

Article 16 a Member States shall ensure full compensation of costs and socio- economic losses of farmers. State aid rules shall not apply to the purchase of land by farmers who relocate their agricultural holding or part thereof.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 16 b (new)

Article 16 b Member States shall send to the Commisson their estimates relating to the funding which they consider necessary to allow them to meet their obligations pursuant to Article 4 - 10. The Commission, in agreement with the Member State concerned, shall assess the financing, including co-financing, required for the operation of measures pursuant to this Regulation taking into account among other things, the concentration natural habitat types of Community interest and the relative burdens the measures entail. In case no adequate funding is made available, the measures shall be revised in correspondence to the level of funding available for compensation.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 18 a (new)

Article 18 a Member States shall apply this Regulation in a manner consistent with the principles of a level playing field, simplification and the least regulatory burden.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 19

~~1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat types. 2. The Commission is empowered to adopt~~Article 19 delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types. 3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 in accordance with the latest scientific evidence. 4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems in accordance with the latest scientific evidence. 5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States. 6. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VI in order to adapt the description, unit and methodology of indicators for forest ecosystems in accordance with the latest scientific evidence. 7. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VII in order to adapt the list of examples of restoration measures.Amendment of Annexes

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Article 20 a (new)

Article 20 a The Commission acting in accordance with the procedure laid down in Article 21 shall periodically and at least every two years review the conservation status of the natural habitats and species covered by this Regulation, based on surveillance by Member States provided for in Article 11 of Directive 92/43/EEC and the latest scientific data. The conservation measures under this Regulation and under Directive 92/43/EEC shall automatically cease to apply for natural habitat types and species having attained favourable conservation status. In case the Commission does not carry out a periodic review of the conservation status, the conservation status of the natural habitats and species concerned shall be considered to have moved to a favourable conservation status.

2023/02/10
Committee: AGRI

Bert-Jan RUISSEN

Proposal for a regulation
Annex IV

~~[...]~~deleted

2023/02/10
Committee: AGRI

180 Amendments of Bert-Jan RUISSEN related to 2022/0195(COD)

ParlTrack - 2011-2024