69 Amendments of Esther DE LANGE related to 2022/0195(COD)
Amendment 190 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 227 #
Proposal for a regulation
Recital 10
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, which applies in particular to areas with no or very low human presence and 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).
Amendment 269 #
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard food security and the resilience of food systems.62 Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, but may require more surface area and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. _________________ 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 274 #
Proposal for a regulation
Recital 20
Recital 20
(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, while safeguarding the production of sufficient safe and sustainable food in Europe .63 _________________ 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 283 #
Proposal for a regulation
Recital 24
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, although considerable differences in the use of this option seem to exist between Member States. Based on comparable data, the Commission should present an analysis of the differences in the implementation of Directives 92/43 and 2009/147 between Member States and the reasons for the failure to reach good conservation status. 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, building on the Commission’s analysis and taking a horizontal approach that protects and restores biodiversity without endangering other elements of the green transition, such as the creation of clean energy networks in Europe. _________________ 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”.
Amendment 318 #
Proposal for a regulation
Recital 33
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 levelat least 90 % of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation status.
Amendment 328 #
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 due to the creation of climate adaptation or clean energy solutions which may lead to a limited and temporary risk of deterioration but lead to a considerable net improvement in the longer term 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.
Amendment 332 #
Proposal for a regulation
Recital 35 a (new)
Recital 35 a (new)
(35a) It is furthermore appropriate to take into account the considerable differences in population density, size and scarcity of available space between Member States. In Member States or regions with limited space and high population density flexibility should be granted in the way the goals of this regulation may be addressed and attained in that Member State or region, in particular when required to reach other Green Deal objectives regarding climate change, the energy transition and water quality, as well as key responsibilities towards its citizens, such as disaster protection and the provision of affordable (social) and high quality housing.
Amendment 358 #
Proposal for a regulation
Recital 44
Recital 44
(44) Actions to ensure that urban green spaces will no longer be at risk of being degraded need to be strongly enhanced. In order to ensure that urban green spaces continue to provide the necessary ecosystem services, their loss should be stopped and they should be restored and increased, inter alia by better integrating green infrastructure and nature-based solutions into urban planning and by integrating green infrastructure, such as green roofs and green walls, in the design of buildings. Temporary exemptions should be granted to cities, towns and suburbs with a substantive expected net population growth, leading to a considerable increase in the need for adequate housing (including for special needs groups and permanent housing for refugees).
Amendment 371 #
Proposal for a regulation
Recital 45
Recital 45
(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for flood protection and safety, renewable energy generation, inland navigation, water retention and supply or other uses.
Amendment 391 #
Proposal for a regulation
Recital 49
Recital 49
(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide sufficient, safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to ensure the availability of sufficient agricultural surface and improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, organic farming, agro-ecology, agroforestry and low intensity permanent grassland.
Amendment 409 #
Proposal for a regulation
Recital 51
Recital 51
(51) Since farmland birds are well- known and widely recognised key indicators of the health of agricultural ecosystems, it is appropriate to set targets for their recovery. The obligation to achieve such targets would apply to the Union as a whole and Member States, not to individual farmers. Member States should achieve those targets by putting in place effective restoration measures on farmland, working with and supporting farmers and other stakeholders for their design and implementation on the ground.
Amendment 448 #
Proposal for a regulation
Recital 58
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 climate change mitigation and climate change adaptation and the prevention and control of the impact of natural disasters and do not hamper the achievement of other Green Deal objectives, such as the elaboration of clean energy production and infrastructure. They should aim at optimising the ecological, economic and social functions of ecosystems, 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 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.
Amendment 460 #
Proposal for a regulation
Recital 60
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 and should design their restoration plans in such a way that they do not hamper the required increase in renewable energy production and infrastructure. _________________ 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).
Amendment 467 #
Proposal for a regulation
Recital 61
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 where possible avoid protected areas and consider their national nature restoration plans. In case protected areas cannot be avoided for key cross-border clean energy projects of strategic interest for the Union, compensatory measures will have to be taken. 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.
Amendment 582 #
Proposal for a regulation
Article 1 – paragraph 2
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 shallith the aim to cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 609 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
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;
Amendment 636 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
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 of the habitat type;
Amendment 691 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) 'substantive expected net population growth' means an increase of at least [x]% over a period of 5 years as projected by the relevant national statistics agency and/or EUROSTAT.
Amendment 695 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
(15 b) high population density means at least [x] inhabitants per km2.
Amendment 708 #
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 %. On the basis of the Commission analysis report and impact assessment the percentages of measures in place by 2040, and on at least 90 % by 2050by 2050 shall be set by 2028 at the latest.
Amendment 730 #
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 765 #
Proposal for a regulation
Article 4 – paragraph 4
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.
Amendment 776 #
Proposal for a regulation
Article 4 – paragraph 5
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. In case of habitats and species present in border regions of different Member States, the determination of the most suitable areas for restoration and of the measures shall be done in a cross-border fashion by the Member States concerned.
Amendment 794 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall take measures with the aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous net improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous 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 deteriorate.
Amendment 806 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall take measures with the aim to ensure that areas where the habitat types listed in Annex I occur do not deteriorate over time.
Amendment 847 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations which are directly caused by climate change; or
Amendment 863 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(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.;
Amendment 870 #
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) a key cross-border clean energy project of strategic interest for the Union, necessary to decrease energy dependency on third countries;
Amendment 876 #
Proposal for a regulation
Article 4 – paragraph 8 – point c b (new)
Article 4 – paragraph 8 – point c b (new)
(cb) measures needed to achieve the objectives set out in Regulation (EU)2021/1119 (European Climate Law); or
Amendment 877 #
(cc) flexibility granted to a Member State or region due to very high population density in combination with scarcity of available space or a substantive expected net population growth.
Amendment 909 #
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by climate change: or
Amendment 921 #
Proposal for a regulation
Article 4 – paragraph 9 – point c a (new)
Article 4 – paragraph 9 – point c a (new)
(ca) a key cross-border clean energy project of strategic interest for the Union, necessary to decrease energy dependency on third countries; or
Amendment 926 #
Proposal for a regulation
Article 4 – paragraph 9 – point c b (new)
Article 4 – paragraph 9 – point c b (new)
Amendment 930 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 943 #
Proposal for a regulation
Article 4 – paragraph 10 – point b
Article 4 – paragraph 10 – point b
(b) an increasing net 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.
Amendment 947 #
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 %. On the basis of the Commission analysis report and impact assessment the percentages of measures in place by 2040, and on at least 90 % by 2050by 2050 shall be set by 2028 at the latest.
Amendment 973 #
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 997 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition.
Amendment 1018 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall take measures with the aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous net improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous 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 deteriorate.
Amendment 1031 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall take measures with the aim to ensure that areas where the habitat types listed in Annex II occur do not deteriorate over time.
Amendment 1075 #
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(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.
Amendment 1081 #
Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
Article 5 – paragraph 8 – point c a (new)
(ca) a key cross-border clean energy project of strategic interest for the Union, necessary to decrease energy dependency on third countries;
Amendment 1083 #
Proposal for a regulation
Article 5 – paragraph 8 – point c b (new)
Article 5 – paragraph 8 – point c b (new)
(cb) measures needed to achieve the objectives set out in Regulation (EU)2021/1119 (European Climate Law); or
Amendment 1085 #
Proposal for a regulation
Article 5 – paragraph 8 – point c c (new)
Article 5 – paragraph 8 – point c c (new)
(cc) flexibility granted to a Member State or region due to very high population density in combination with scarcity of available space or a substantive expected net population growth;
Amendment 1126 #
Proposal for a regulation
Article 5 – paragraph 9 – point c a (new)
Article 5 – paragraph 9 – point c a (new)
(ca) a key cross-border clean energy project of strategic interest for the Union, necessary to decrease energy dependency on third countries.
Amendment 1127 #
Proposal for a regulation
Article 5 – paragraph 9 – point c b (new)
Article 5 – paragraph 9 – point c b (new)
(cb) measures needed to achieve the objectives set out in Regulation (EU)2021/1119 (European Climate Law); or
Amendment 1137 #
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;
Amendment 1149 #
Proposal for a regulation
Article 5 – paragraph 10 – point b
Article 5 – paragraph 10 – point b
(b) a positive net trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.
Amendment 1161 #
Proposal for a regulation
Article 5 a (new)
Article 5 a (new)
Article 5 a Analysis report and impact assessment 1. Based on comparable data, the Commission will present by 2026 at the latest an analysis of: (a) the differences in the implementation of Directives 92/43 and 2009/147 between Member States, covering inter alia habitats and species protected, measures taken and indicators used, impact on socio-economic activities; (b) where applicable the restoration measures already undertaken in the context of Directives 92/43 and 2009/147 in Member States; (c) and the reasons for the failure to reach good conservation status. 2. The Commission will present by 2026 at the latest an indepth socio-economic impact assessment for the EU and each Member State individually of additional obligations on areas of habitat types listed in Annex I which are not in good condition beyond 30 % and on restoration measures that are necessary to re- establish the habitat types listed in Annex I in areas not covered by those habitat types. 3. On the basis of the Commission analysis report and impact assessment the percentages of measures in place by 2040 and by 2050 shall be set by 2028 at the latest.
Amendment 1222 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. Temporary exemptions from points 1 and 2 shall be granted to cities, towns and suburbs with a substantive expected net population growth in the next five years.
Amendment 1236 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and identify the barriers already removed and those 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.
Amendment 1253 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall 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 flood protection and safety, energy generation, inland navigation, water retention or supply or other uses.
Amendment 1399 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures, including increased ground water levels or rewetting. Those measures shall be in place on at least:
Amendment 1410 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted;
Amendment 1430 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least half shall be rewetted;
Amendment 1443 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetted.;
Amendment 1572 #
Proposal for a regulation
Article 10 a (new)
Article 10 a (new)
Article 10 a Statistical transfers between Member States 1. Member States may on a voluntary basis agree on the statistical transfer of a specified percentage of restoration measures from one Member State to another Member State. The transferred measure(s) shall be: (a) deducted from the share of the Member State making the transfer for the purposes of this Regulation; and (b) added to the share of the Member State accepting the transfer for the purposes of this Regulation. 2. The price of those transfers shall be set on a case-by-case basis between the Member States involved. 3. The Commission is empowered to adopt delegated acts in accordance with Article [XX] to supplement this Regulation by setting the conditions for the transfers as referred to in paragraph 1 of this Article. 4. The arrangements referred to in paragraphs 1 and 2 may have a duration of one or more calendar years. Such arrangements shall be notified to the Commission not later than 12 months after the end of each year in which they have effect. The information sent to the Commission shall include the percentage and price involved. The parties involved and the information on the particular transfer shall be disclosed to the public.
Amendment 1592 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the existing and new 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.
Amendment 1608 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
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;
Amendment 1677 #
5. Member States shall identify synergies and potential conflicts with climate change mitigation, climate change adaptation, renewable energy production and energy security, food security and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 1683 #
Proposal for a regulation
Article 11 – paragraph 5 – point c a (new)
Article 11 – paragraph 5 – point c a (new)
(ca) measures needed to achieve the objectives set out in Regulation (EU)2021/1119 (European Climate Law).
Amendment 1691 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged.
Amendment 1703 #
Proposal for a regulation
Article 11 – paragraph 7 – point a
Article 11 – paragraph 7 – point a
(a) the conservation, and where applicable, restoration measures established for Natura 2000 sites in accordance with Directive 92/43/EEC;
Amendment 1746 #
Proposal for a regulation
Article 11 – paragraph 10
Article 11 – paragraph 10
10. Member States shall, where possible, foster synergies with the national restoration plans of other Member States, in particular for ecosystems that span across borders, ensuring a joint approach or at least similar management approaches in case of cross-border ecosystems and avoiding conflicting measures.
Amendment 1764 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration, in particular those directly affected by the plan. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1784 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the quantification of the areas already restored and to be restored to reach the restoration targets set out in Articles 4 to10 based on the preparatory work undertaken in accordance with Article 11 and geographically referenced maps of those areas;
Amendment 1811 #
Proposal for a regulation
Article 12 – paragraph 2 – point e
Article 12 – paragraph 2 – point e
(e) the inventory of barriers, including those already removed and 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 already achieved and those to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures already undertaken and those to be untertaken to re- establish the natural functions of floodplains in accordance with Article 7(3);
Amendment 2172 #
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 2035, including a cost-benefit analysis per Member State and a socio- economic impact assessment.