13 Amendments of Sirpa PIETIKÄINEN related to 2012/0288(COD)
Amendment 104 #
Council position
Recital 7 a (new)
Recital 7 a (new)
(7a) Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC of the European Parliament and of the Council1a. The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC1b in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitate this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC. 1a Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3). 1b Commission Decision of 3 May 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste (notified under document number C(2000) 1147) (OJ L 226, 6.9.2000, p. 3).
Amendment 182 #
Council position
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4 a (new)
Article 7b – paragraph 4 a (new)
Amendment 242 #
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops and other energy crops grown on land shall be no more than 75,5 % of the final consumption of energy in transport in the Member States in 2020;
Amendment 259 #
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
(e) Member States shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, being consumed on their territory. To that effect, each Member State shall set a national target, which it shall endeavour to achieve. A reference value for this target is 0,5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph, to be met with biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, and which shall be considered to be twice their energy content in accordance with point (f) of this subparagraph and part A of Annex IX. In addition, biofuels made from feedstocks not listed in Annex IX that were determined to be wastes, residues, non-food cellulosic material or ligno-cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of Directive 2014/…/EU+ of the European Parliament and of the Council*, may be counted towards the national target. Member States may set a national target lower than the reference value of 0,5 percentage points, based on one or more of the following grounds: (i) objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, or the limited availability of such biofuels at cost efficient prices on the market, taking into account the assessment contained in the Commission report referred to in Article 3(1) of Directive 2014/…/EU. (ii) the specific technical or climatic characteristics of the national market for transport fuels, such as the composition and condition of the road vehicle fleet; or (iii) national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport. The Commission shall publish: – the national targets of the Member States and, where applicable, the grounds for differentiation of their national target as compared to the reference value, notified in accordance with Article 4(2) of Directive 2014/…/EU+; – a synthesis report on Member States' achievements towards their national targets.; __________________ +OJ: please insert the number of this Directivehe share of energy from advanced biofuels listed in part A of Annex IX shall be no less than 2% of the final consumption of energy in transport in 2020.
Amendment 308 #
Council position
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
(ba) the following paragraph is inserted: "4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from waste or residues unless evidence is provided that their use conforms to the waste hierarchy, namely prevention, preparation for re-use and recycling before recovery for energy purposes, as outlined in Directive 2008/98/EC, and to a cascade of use. In particular, biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from waste or residues which are subject to re-use and recycling targets in accordance with Article 11(2) of Directive 2008/98/EC. The waste management plans and the waste prevention programmes established by Member States in accordance with the provisions of Chapter V of Directive 2008/98/EC shall take into account the use of waste and residues for the production of biofuels and bioliquids."
Amendment 325 #
Council position
Article 2 – point 7 – point –a (new)
Article 2 – point 7 – point –a (new)
Directive 2009/28/EC
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 biofuels and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway 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, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, 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 adding the estimates for indirect land-use change emissions set out in Annex VIII; (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., adding the estimates for indirect land-use change emissions set out in Annex VIII."
Amendment 347 #
Council position
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
The report referred to in the first subparagraph shall, if appropriate, be accompanied by a legislative proposal, based on the best available scientific evidence, for introducing adjusted estimated indirect land-use change emissions factors into the appropriate sustainability criteria anIt shall also be accompanied by a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4) of Directive 2009/28/EC. As part of that report, the Commission shall, in light of Member States' reports pursuant to Article 3(5) of Directive 2009/28/EC, assess the effectiveness of measures taken to prevent and fight fraud, and shall, if appropriate, submit proposals for further measures, including on additional measures to be taken at Union level. and, if appropriate, by a technology-neutral legislative proposal for promoting sustainable advanced biofuels after 2020. In this regard, the Commission is invited to consider the important role of Directive 98/70/EC in promoting sustainable biofuels in a 2030 framework for climate and energy policies and review the targets under Directive 98/70/EC. One option in this regards is for the Commission to consider that a percentage of the greenhouse gas emission reduction to be achieved under the target set out in Directive 98/70/EC should be allocated to advanced biofuels post-2020 that comply with the sustainability criteria of Directive 98/70/EC. The Commission should also study and propose new sustainability criteria for non-land based advanced biofuels.
Amendment 367 #
Council position
Annex II – point -1 (new)
Annex II – point -1 (new)
Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
(-1) point 1 of Part C of Annex V is replaced by the following: "1. Greenhouse gas emissions from the production and use of transport fuels, biofuels and bioliquidbiofuels 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 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 saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account.”
Amendment 373 #
Council position
Annex II – point 1 a (new)
Annex II – point 1 a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(1a) the following point is added in part C of Annex V: “19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII.”
Amendment 388 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – title
Annex IX – part A – title
Part A. Feedstocks and fuels, the contribution of which towards the target(s) referred to in Article 3(4) shall be considered to be twice their energy content and which contribute towards the 2% target referred to in Article 3(d)(i)
Amendment 404 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point d
Annex IX – part A – point d
(d) Biomass fraction of industrial waste and residues not fit for use in the food or feed chain, provided that the waste hierarchy and the principle of cascading use are respected, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex.
Amendment 419 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point o
Annex IX – part A – point o
(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil and lignin.
Amendment 428 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point q
Annex IX – part A – point q
(q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2 except saw logs and, veneer logs and pulpwood.