15 Amendments of Catherine BEARDER related to 2012/0288(COD)
Amendment 13 #
Proposal for a directive
Recital 1
Recital 1
(1) Article 3(4) of Directive 2009/28/EC on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/777/EC and 2003/30/EC requires Member States to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor. but should not become the main contributor due to the adverse effects of indirect land use change (ILUC) in Europe and third countries, in particular developing countries. Electricity from renewable energy sources as well as energy savings and an increase in energy efficiency in the transport sector should substantially increase their contribution towards the 10% target.
Amendment 17 #
Proposal for a directive
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel or bioliquid production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringconverting non-agricultural land into production elsewhere, or by a combination of both. However, intensification of production can have adverse impacts on biodiversity, water quality and availability and can contribute to soil erosion. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can leads to significant greenhouse gas emissions as well as to a loss of biodiversity. Moreover, where intensification is increased by fossil fuel based substances, the objective of reducing the European Union's reliance on fossil fuels may be undermined. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
Amendment 25 #
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels as well as electricity from renewable energy, energy savings and an increase in energy efficiency 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, potentially provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to only 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. Fthat will not contribute to indirect land use change or any other adverse effects to the environment. On the basis of a thorough impact assessment on the positive and negative impacts of advanced biofuels on indirect land use change, further incentives should be provided by increasing the weighting of advanced biofuels towards the 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimatedrisks in relation to indirect land use change impacts and, high overall greenhouse gas savings shouldand without any risk to directly or indirectly endangering the right to food will be supported as part of the post 2020 renewable energy policy framework.
Amendment 31 #
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced and sustainable 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 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, tthose Directives. The share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil crops that can be counted towards the targets ofr receive public funding pursuant to Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. Biofuels and Bioliquids imported from third countries are counted towards this target. For the same reason and in order to avoid unequal treatment of biofuels and bioliquids from raw materials with similar impacts, it is appropriate to apply the same treatment to advanced biofuels.
Amendment 39 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimated indirect land-use change emissions caused by biofuel and bioliquid production in Europe as well as production in third countries for the European market should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. .
Amendment 40 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11 a) Voluntary schemes recognised by the European Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices.
Amendment 44 #
Proposal for a directive
Recital 12
Recital 12
(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility ofsubmit legislative proposals to the European Parliament and the Council to revisinge the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.
Amendment 54 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b b (new)
Article 1 – paragraph 1 – point 2 – point b b (new)
(bb) In Article 7b the following paragraph 5 b is added: "5b. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land the tenure of which is contested or violates the rights of third parties, notably local communities, regarding the tenure and use of land. Free, prior and informed consent of relevant third parties shall be obtained prior to starting the production or harvesting of raw material. Relevant third parties or representatives recognised by those parties shall be involved in giving free prior and informed consent."
Amendment 59 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Article 1 – paragraph 1 – point 2 d (new)
Directive 98/70/EC
Article 7 c – paragraph 4 – first subparagraph
Article 7 c – paragraph 4 – first subparagraph
Amendment 79 #
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point bb (new)
Article 2 – paragraph 1 – point 5 – point bb (new)
Directive 2009/28/EC
Article 17 – paragraph 5 b (new)
Article 17 – paragraph 5 b (new)
Amendment 87 #
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point - ad (new)
Article 2 – paragraph 1 – point 6 – point - ad (new)
Directive 2009/28/EC
Article 18 – paragraph 4 – first subparagraph
Article 18 – paragraph 4 – first subparagraph
(-ad) In Article 18 paragraph 4, the first subparagraph is replaced by the following: "4. The EU shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. The EU should also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the EU has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, indirect land- use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7)."
Amendment 105 #
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 195 #
Council position
Article 1 – paragraph 1 – point 4 – point a a (new)
Article 1 – paragraph 1 – point 4 – point a a (new)
Directive 98/70/EC
Article 7c – paragraph 9 a (new)
Article 7c – paragraph 9 a (new)
(da) the following paragraph is added: "9a. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning detailed rules governing independent verification and certification of compliance with the waste hierarchy established in Article 4 of Directive 2008/98/EC. Those delegated acts shall be adopted by 30 June 2016."
Amendment 201 #
Council position
Article 1 – point 5 – point a
Article 1 – point 5 – point a
Directive 98/70/EC
Article 7d – paragraph 4 a (new)
Article 7d – paragraph 4 a (new)
4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land- based raw material unless third parties' legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.
Amendment 403 #
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) Biomassdegradable fraction of industrial waste not fit for use in the food or feed chain, 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, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected.