37 Amendments of Patrizia TOIA related to 2012/0288(COD)
Amendment 13 #
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Points out that the vast majority of large-scale land purchase investments are taking place in developing countries. Of these, sub-Saharan Africa is a key target, in particular for cultivating biofuel feedstocks. Between 2009 and 2013 an estimated six million hectares of land were purchased by European companies for biofuel crops to be exported.
Amendment 15 #
Proposal for a directive
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant, and couldwill negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriaFurthermore, increased use of biofuels produced from food crops contributes to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordinglyfood price volatility and could have negative impacts on global food security. This has had significant negative social impacts on livelihoods and the ability to realise human rights including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impacts, it is appropriate to focus in particular on reducing the projected use of biofuels grown on land.
Amendment 16 #
Proposal for a directive
Recital 5 a (new)
Recital 5 a (new)
(5a) The indirect land use change effects are not only environmental, but also social, and are placing additional pressure on land use, particularly in developing countries, which is having a negative impact on the food security of local people, in particular women.
Amendment 17 #
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with lowno risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. IAfter prior scientific assessment about their merits and their true sustainability, it is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with lowhich meet sustainability criteria, which do not compete with food for land, water or other resources and which have no estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.
Amendment 19 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication "Innovating for Sustainable growth: A Bioeconomy for Europe"’ and the Roadmap to a Resource Efficient Europe, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels, that use waste materials for energy purposes only in accordance with the waste hierarchy, that do not compete for the use of land and water so to protect land and food rights and that do not reduce organic matter, thereby having adverse environmental repercussions on the local ecosystem.
Amendment 25 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedIn order to make sure that EU targets for greenhouse gas emission savings and biofuels are effectively met, indirect land- use change emissions should be included in the reportaken into account when calculating ofthe greenhouse gas emissions from biofuels under savings required under the sustainability criteria set out in Directive 2009/28/EC and Directives 98/70/EC and 2009/28/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a(2)of Directive 98/70/EC, in order to offer incentives for the production of biofuels with a lower indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstockand residues, should be assigned a zero emissions factor provided they meet adequate sustainability standards.
Amendment 28 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The use of uncultivated land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. To that end, only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be considered as sustainable.
Amendment 30 #
Proposal for a directive
Recital 15
Recital 15
(15) The objectives of this Directive, to must ensure a single market for fuel for roadthe transport and non-road mobile machinery and ensure respect for minimum levels of environmental protection from use of this fuel,sector and ensure that minimum levels of environmental protection are respected and adverse effects on food security and land use rights are avoided in connection with the production and use of such fuel. These objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level,; the Union may thus adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 31 #
Proposal for a directive
Recital 15 a (new)
Recital 15 a (new)
(15 a) Public incentives for biofuels inject significant additional demand into the commodities markets and, therefore, impact prices significantly, both on international markets and on the domestic markets of net-food importing countries. It is of serious concern in particular for poor people that spend a significant proportion of their household income on food. The EU biofuels policy is alleged to favour large-scale industrial models of agricultural production that appear to offer limited benefits to local populations.
Amendment 33 #
Proposal for a directive
Article 1 – point 1 – point b a (new)
Article 1 – point 1 – point b a (new)
Directive 98/70/CE
Article 7a – paragraph 2 – last subparagraph (new)
Article 7a – paragraph 2 – last subparagraph (new)
(ba) In paragraph 2 the following subparagraph is inserted after point c: "Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph shall not exceed an energy quantity corresponding to 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."
Amendment 34 #
Proposal for a directive
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 98/70/CE
Article 7 b – paragraph 5a (new)
Article 7 b – paragraph 5a (new)
(ba) The following paragraph 5a is added: The biofuels and bioliquids taken into consideration for the purposes of paragraph 1 may not be produced on land, in the Union or in third countries where the legal or common land rights have been contested or violated or no free, prior and informed consent was given with the participation of the institutions representing the local people .
Amendment 37 #
Proposal for a directive
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 98/70/CE
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) Paragraph 1 is replaced by the following: '1. For the purposes of Article 7a and Article 7b(2), the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway, including indirect land-use change values referred to in Annex V, is laid down in Part A or B of Annex IV and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of Part C of Annex IV is equal to or less than zero, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in Part C of Annex IV; or (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of Part C of Annex IV, where disaggregated default values in Part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Part C of Annex IV, for all other factors, with the exception of the eiluc value, for which the values referred to in Annex V shall be used
Amendment 39 #
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/CE
Article 3 – paragraph 1 – subparagraph 2 (new)
Article 3 – paragraph 1 – subparagraph 2 (new)
"For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d."
Amendment 44 #
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/CE
Article 3 – paragraph 4 – second subparagraph – point d (new)
Article 3 – paragraph 4 – second subparagraph – point d (new)
"(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced fprom cereal and other starch rich crops, sugars and oilduced from food crops and dedicated energy crops shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."
Amendment 50 #
Proposal for a directive
Article 2 – point 5 – point -a (new)
Article 2 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – third subparagraph (new)
Article 17 – paragraph 1 – third subparagraph (new)
(-a) at the end of paragraph 1 the following subparagraph is added: "Energy from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops taken into account for the purposes referred to in points (a), (b) and (c) shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."
Amendment 52 #
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
"(5a) The biofuels and bioliquids considered for the purposes of points a, b and c of paragraph 1 may not be produced on land, in the Union or in third countries where the legal or common land rights have been contested or violated or no free, prior and informed consent was given with the participation of the institutions representing the local people."
Amendment 56 #
Proposal for a directive
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/CE
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway, including indirect land-use change values as referred to in Annex VIII, is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V; or (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, with the exception of the eiluc value, for which the values referred to in Annex VIII shall be used."
Amendment 67 #
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with lowno risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. IAfter prior scientific assessment about their merits and their true sustainability, it is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with lowhich meet sustainability criteria, which do not compete with food for land, water or other resources and which have no estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.
Amendment 76 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication ‘Innovating for Sustainable growth: A Bioeconomy for Europe’11 and the Roadmap to a Resource Efficient Europe12 , promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels.biofuels that use waste materials for energy purposes only in accordance with the waste hierarchy, that do not compete for the use of land and water so to protect land and food rights and that do not reduce soil organic matter resulting in a negative environmental impact for the local ecosystem
Amendment 92 #
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food crops and from dedicated energy crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, t and Directive 98/70/EC. The share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops as well as from dedicated energy crops that can be counted towards the targets of Directive 2009/28/EC and Directive 98/70/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. After 2020 the share of energy from biofuels produced on land shall be phased out
Amendment 112 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedIn order to make sure that EU targets for greenhouse gas emission savings and biofuels are effectively met, indirect land- use change emissions should be included in the reportaken into account when calculating ofthe greenhouse gas emissions from biofuels under savings required under the sustainability criteria set out in Directive 2009/28/EC and Directives 98/70/EC and 2009/28/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a(2), in order to offer incentives for the production of biofuels with a low indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstockand residues, should be assigned a zero emissions factor provided they meet adequate sustainability standards.
Amendment 113 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. To this end, only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be considered as sustainable.
Amendment 141 #
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which cshould include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021sustainability criteria to be met for promoting advanced biofuels.
Amendment 147 #
Proposal for a directive
Article 1 – point 1 – point -a (new)
Article 1 – point 1 – point -a (new)
2008/70/EC
Article 7a – paragraph 2 – last subparagraph (new)
Article 7a – paragraph 2 – last subparagraph (new)
(-a) In paragraph 2 the following subparagraph is inserted after point c: "Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph shall not exceed an energy quantity corresponding to 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."
Amendment 202 #
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3–paragraph 1 – subparagraph 2
Article 3–paragraph 1 – subparagraph 2
For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.
Amendment 221 #
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – point d
Article 3 – paragraph 4 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced fprom cereal and other starch rich crops, sugars and oilduced from food crops and dedicated energy crops shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 238 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e
Article 3 – paragraph 4 – point e
Amendment 256 #
Proposal for a directive
Article 2 – point 5 – point -a (new)
Article 2 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – last subparagraph
Article 17 – paragraph 1 – last subparagraph
(-a) at the end of paragraph 1 the following subparagraph is added: "Energy from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops taken into account for the purposes referred to in points (a), (b) and (c) shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."
Amendment 297 #
Proposal for a directive
Article 3
Article 3
The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land- use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided forsustainability criteria to be applied for incentivizing biofuels from non- land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC.
Amendment 301 #
Proposal for a directive
Annex I – point 1 – point -a (new)
Annex I – point 1 – point -a (new)
Directive 98/70/EC
Annex IV – Part C – point 1
Annex IV – Part C – point 1
Amendment 305 #
Proposal for a directive
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(ba) The following point 19a is inserted: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex V."
Amendment 317 #
Proposal for a directive
Annex II – point 1 – point -a (new)
Annex II – point 1 – point -a (new)
Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
(-a) Point 1 is replaced by the following: "1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: E = eec + el + eiluc + ep + etd + eu – esca – eccs – eccr – eee where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el = annualised emissions from carbon stock changes caused by direct land-use change; eiluc= annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission savings from soil carbon accumulation via improved agricultural management; eccs = emission savings from carbon capture and geological storage; eccr = emission savings from carbon capture and replacement; and eee = emission savings from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account."
Amendment 321 #
Proposal for a directive
Annex II – point 1 – point b a (new)
Annex II – point 1 – point b a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(ba) The following point 19a is inserted: "19a. The following point is added: Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII."
Amendment 334 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX (new)– Part A – title
Annex IX (new)– Part A – title
Part A. Feedstocks whose contribution towards the target referred to in Article 3(4) shallcould be considered to be two or four times their energy content in 2018 after prior scientific assessment of their environemtal and social sustainbility as well as the respect of the hierarchy principle and the most efficient use of resources
Amendment 352 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX (new) – Part B – title
Annex IX (new) – Part B – title
Amendment 355 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX (new) – Part B – point c
Annex IX (new) – Part B – point c
Amendment 357 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX (new) – Part B – point d
Annex IX (new) – Part B – point d