32 Amendments of Rob ROOKEN related to 2022/0195(COD)
Amendment 189 #
Proposal for a regulation
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–
The European Parliament rejects the Commission proposal.
Amendment 267 #
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosyTherefore, this regulation must not in any way further challenge, or in any way undermine, food security in the European Union, or in Member States. The Commission must take appropriate stemps has positive impacts on food productivity in the long-term, and that the restoration of nature actsoon as there is the slightest indication that food security, safety, or affordability is under pressure and there is also the slightest reason to believe that this ais an insurance policy to ensure the EU’s long-term sustainability and resiliencecaused by this regulation. In particular, this may involve the Commission submitting a proposal to the Council and Parliament to repeal or amend this regulation. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 272 #
(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability.63 The European Parliament underlined this need in its initiative report, stressing the wide differences between Member States, and underlined the principle of subsidiarity. _________________ 63 Conference on the Future of Europe – Report on the Final Outcome, May 2022, Proposal 2 (1, 4, 5) p. 44, Proposal 6 (6) p. 48.
Amendment 282 #
Proposal for a regulation
Recital 23
Recital 23
(23) Council Directive 92/43/EEC65 and Directive 2009/147/EC of the European Parliament and of the Council66 aim to ensure the long-term protection, conservation and survival of Europe's most valuable and threatened species and habitats as well as the ecosystems of which they are part. Natura 2000, which was established in 1992 and is the largest coordinated network of protected areas in the world, is the key instrument implementing the objectives of those two Directives. It should be noted that implementing and enforcing this directive in some Member States, especially the smaller ones, is creating very serious problems, especially in the areas of agricultural supply, and the construction of housing. This simultaneously demonstrates the democratic deficit at work in the Union. Whereas in a functioning democracy, voters have the opportunity to influence policy when the implementation and enforcement of laws and regulations is problematic, this option is not available, or only minimally, when it comes to European legislation. _________________ 65 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 66 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).
Amendment 288 #
Proposal for a regulation
Recital 25
Recital 25
(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000. However, it should be noted, that a member state cannot be asked to do the impossible. Implementing this regulation, or the aforementioned directives, should not have a disproportionate impact on infrastructure projects in a member state, or on the agricultural sector. In particular, as this regulation has been established through an ordinary legislative procedure, it should not cover those policy areas mentioned in Article 192(2) TFEU, as those areas require a special legislative procedure, with the centre of gravity of decision- making resting with the Council.
Amendment 294 #
Proposal for a regulation
Recital 26
Recital 26
(26) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achieving that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union. It is desirable to keep it like this, because each Member State has a different starting point. The Union legislator, while respecting the principles of subsidiarity and proportionality, should refrain from setting deadlines and quantified targets, partly because these targets are not achievable for every Member State, especially small Member States.
Amendment 296 #
Proposal for a regulation
Recital 27
Recital 27
Amendment 302 #
Proposal for a regulation
Recital 28
Recital 28
Amendment 304 #
Proposal for a regulation
Recital 29
Recital 29
Amendment 306 #
Proposal for a regulation
Recital 30
Recital 30
Amendment 308 #
Proposal for a regulation
Recital 31
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 restorationmaintenance measures, with a view to de maintaining and only where possible improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, and to re-establishmaintaining those habitats and to improvmaintaining their connectivity, show a continuous improvement until good condition is reachedtake effect, without this having a disproportionate effect on society. Where the latter is the case, the Commission should, together with the Member State concerned, find an appropriate solution and, where appropriate, present a legislative proposal to adapt this regulation, or Directive 92/43/EEC.
Amendment 313 #
Proposal for a regulation
Recital 32
Recital 32
Amendment 316 #
Proposal for a regulation
Recital 33
Recital 33
Amendment 322 #
Proposal for a regulation
Recital 34
Recital 34
(34) It is important to ensure a gradual increase of 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, across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species, without this having disproportionate effects on other legitimate interests of a Member State, including, for example, maintaining the agricultural sector, housing construction, or other infrastructure projects. However, it is important to note that wind turbines drastically reduce wild bird populations, including bald eagles. Additionally, solar lawns have a really dramatic effect on biodiversity. When Member States want to progressively improve 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, they would do well to look first of all at the impact of wind and solar parks on biodiversity. The recommendation is to rehabilitate wind turbines in particular in the short term, as this not only saves the lives of many wild birds, but also significantly beautifies the landscape. Should Member States be looking for a way to meet their energy needs in a clean way, they are recommended to invest in nuclear power.
Amendment 329 #
Proposal for a regulation
Recital 35
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(4) of Directive 92/43/EEC. Additionally, there should be an explicit possibility to create a general exception based on a specific situation in a Member State.
Amendment 532 #
Proposal for a regulation
Recital 78 a (new)
Recital 78 a (new)
(78a) According to Article 241 TFEU, the Council, acting by simple majority, may request the Commission to undertake any studies the Council considers desirable for the attainment of the common objectives, and to submit to it any appropriate proposals. The Council may, on the basis of the report referred to in Article 22 of this Regulation or for economic and social reasons, request the Commission to amend or repeal this Regulation. If the Commission does not submit a proposal, it must inform the Council and Parliament.
Amendment 533 #
Proposal for a regulation
Recital 78 b (new)
Recital 78 b (new)
(78b) It is desirable that the Council and Parliament are able to regularly express their views on the desirability of this Regulation. In this way, the people of the Union continue to have a means – including through Parliament – of expressing their views on the desirability of this Regulation. Therefore, this Regulation should lapse by operation of law. However, the Commission must have the power to postpone this automatic expiry date by five years by adopting a delegated act. The Commission may adopt such a delegated act postponing the automatic expiry of this Regulation only once for each five-year application period.
Amendment 720 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050.
Amendment 739 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 798 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 938 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 960 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 954 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050.
Amendment 975 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 1140 #
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 960 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1306 #
Proposal for a regulation
Article 9
Article 9
Amendment 1575 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Indicative targets 1. The targets described in this chapter are indicative targets. Under no circumstance do they have a binding character. 2. If significant changes in the environmental, economic or social situation make it impossible to achieve the targets in a Member State, the Member State shall inform the Commission accordingly. 3. Notwithstanding paragraph 1, the Commission must have the power to adopt delegated acts to reduce the indicative targets set out in this Chapter for a specific Member State at its request.
Amendment 1917 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing 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 105% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1936 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall take due account of any observations from the Commission in its final national restoration plan.
Amendment 2171 #
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The Commission shall evaluate the application of this Regulation by 31 December 2035is Regulation by 31 December 2030 and every two years thereafter to assess the impact of this Regulation, in particular on the agricultural sector and the supply of safe and secure food.
Amendment 2178 #
Proposal for a regulation
Article 22 – paragraph 2
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. WThe re the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment ofport shall address in particular the position of the agricultural sector, the supply of safe and reliable food, especially protein from animal products. The report must also specifically address the situation in individual Member States. Where the implementation of this Regulation places an exceptionally heavy burden on a Member State, the report shall explicitly mention this. In such a case, the Commission shall not omit any opportunity to come to the aid of that Member State, including by presenting a legislative proposal amending this Regulation, in order to assist that Member State. The report shall further, if there is the slightest reason to do so, in order to safeguard food security or the position of the agricultural sector, be accompanied by a legislative proposal amending relevant provisions of this Regulation, taking into account the need to establishset additional restorationcovery targets, on the basedis onf common methods for assessing the conditionstate of ecosystems not covered by Articles 4 and 5, and the most recenlatest scientific evidence. data.
Amendment 2186 #
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Automatic disapplication 1. This Regulation shall cease to apply on 31 December 2027. 2. Power is delegated to the Commission to adopt a delegated act to postpone disapplication for a five-year period by 31 October 2027, and every five years thereafter.
Amendment 2187 #
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23 b Council request to repeal this Regulation On the basis of the report referred to in Article 22, or major changes in the environmental, economic or social situation within the Union, the Council, acting by simple majority, may request the Commission to submit to the European Parliament a legislative proposal to amend or repeal this Regulation. If the Commission does not submit such a legislative proposal, or does not do so in time, it shall inform the Council and Parliament.