37 Amendments of Catherine BEARDER related to 2016/0382(COD)
Amendment 184 #
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limited role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuels. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts irrespectively of the geographical origin of the biomass, it is appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive.
Amendment 202 #
Proposal for a directive
Recital 64
Recital 64
(64) Advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, and, increasingly, renewable electricity in transport can contribute to low carbon emissions, stimulating the decarbonisation of the Union transport sector in a cost- effective manner, and improving inter alia energy diversification in the transport sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports, which will strengthen the Union's energy independence. The incorporation obligation on fuels suppliers should encourage continuous development of advanced fuels, including biofuels, and it is important to ensure that the incorporation obligation also incentivises improvements in the greenhouse gas performance of the fuels supplied to meet it. The Commission should assess the greenhouse gas performance, technical innovation and sustainability of those fuels and make determined efforts to deal with a possible negative impact on biodiversity, air, soil and water quality.
Amendment 208 #
Proposal for a directive
Recital 65
Recital 65
Amendment 226 #
Proposal for a directive
Recital 66 a (new)
Recital 66 a (new)
(66a) A circular economy requires that the value of products, materials and resources is maintained in the economy for as long as possible, and that the generation of waste is minimised, in order to achieve a high level of resource efficiency. It is essential that the promotion of energy from renewable sources is fully consistent with measures to achieve a circular economy in the EU. In this context, compliance with the requirements of Directive 2008/98/EC has to be ensured. For this reason biofuel, bioliquids and biomass fuels produced from waste and residues should only be promoted where the waste hierarchy laid down in Directive 2008/98/EC is respected. When implementing support policies Member States should take account of the principle of cascading use of resources and the need to avoid distortions in the markets for by-products, residues and waste.
Amendment 229 #
Proposal for a directive
Recital 68
Recital 68
(68) In order to exploit the full potential of biomass to contribute to the decarbonisation of the economy through its uses for materials and energy, the Union and the Member States should promote greater sustainable mobilisation of existing timber and agricultural resources and the development of new forestry and agriculture production systems, only if it the sustainability and greenhouse gas emissions saving criteria, as laid down in Article 26 of this Directive, have been met.
Amendment 236 #
Proposal for a directive
Recital 71
Recital 71
(71) The production of agricultural raw material for biofuels, bioliquids and biomass fuels, and the incentives for their use provided for in this Directive, should not have the effectbe allowed to have, ofr encouraging thee, a destruimental effecti on of biodiverse landsity within or outside the Union. Such finite resources, recognised in various international instruments to be of value to all mankind, should be preserved. It is therefore necessary to provide comprehensive sustainability and greenhouse gas emissions savings criteria ensuring that biofuels, bioliquids and biomass fuels qualify for the incentives only when it is guaranteed that the agricultural raw material does not originate in biodiverse areas or, in the case of areas designated for nature protection purposes or for the protection of rare, threatened or endangered ecosystems or species, the relevant competent authority demonstrates that the production of the agricultural raw material does not interfere with such purposes. Forests should be considered as biodiverse according to the sustainibility criteria, where they are primary forests in accordance with the definition used by the Food and Agriculture Organisation of the United Nations (FAO) in its Global Forest Resource Assessment, or where they are protected by national nature protection law. Areas where the collection of non-wood forest products occurs should be considered to be biodiverse forests, provided the human impact is small. Other types of forests as defined by the FAO, such as modified natural forests, semi- natural forests and plantations, should not be considered as primary forests. However, biodiversity, as well as the quality, health, viability and vitality of these forests should be guaranteed. Having regard, furthermore, to the highly biodiverse nature of certain grasslands, both temperate and tropical, including highly biodiverse savannahs, steppes, scrublands and prairies, biofuels, bioliquids and biomass fuels made from agricultural raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate and comprehensive criteria to define such highly biodiverse grassvalued lands in accordance with the best available scientific evidence and relevant international standards.
Amendment 248 #
Proposal for a directive
Recital 76
Recital 76
(76) To ensure that, despite the growing demand for forest biomass, harvesting is carried out in a sustainable manner in forests where regeneration is ensured, that special attention is given to areas explicitly designated for the protection of biodiversity, landscapes and specific natural elements, that biodiversity resources are preserved and that carbon stocks are tracked, woody raw material should come only from forests that are harvested in accordance with the principles of sustainable forest management developed under international forest processes such as Forest Europe and are implemented through national laws or the best management practices at the forest holding level. Operators should take the appropriate steps in order to minimise the risk of using unsustainable forest biomass for the production of bioenergyensure that measures are taken to avoid and limit negative consequences of harvesting on the environment. To that end, operators should put in place a risk- based approach. In this context, it is apporopriate for the Commission to develop operational guidance on the verification of compliance with the risk based approach, following the consultation of the Energy Union Governance Committee, and the Standing Forestry Committee established by Council Decision 89/367/EEC24. __________________ 24 Council Decision 89/367/EEC of 29 May 1989 setting up a Standing Forestry Committee (OJ L 165, 15.6.1989, p. 14).
Amendment 260 #
Proposal for a directive
Recital 76 a (new)
Recital 76 a (new)
(76a) Harvesting for energy purposes has increased and is expected to continue to grow, resulting in higher imports of raw materials from outside the Union as well as an increase of the production of these materials within the Union. Operators should ensure that the harvesting is done in accordance with the sustainability criteria.
Amendment 265 #
Proposal for a directive
Recital 78
Recital 78
(78) Biomass fuels should be converted into electricity and heat in an efficient way that leads to a substantial reduction of emissions throughout the entire biomass production chain in order to maximise energy security and greenhouse gas savings, as well as to limit emissions of air pollutants and minimise the pressure on limited biomass resources. Throughout the biomass production process, biodiversity as well as air, soil and water quality should be maintained or strengthened, while indirect change of land-use and its consequences are prevented or limited. For this reason, public support to installations with a fuel capacity equal to or exceeding 20 MW, if needed, should only be given to highly efficient combined power and heat installations as defined Article 2(34) of Directive 2012/27/EU. Existing support schemes for biomass- based electricity should however be allowed until their due end date for all biomass installations. In addition electricity produced from biomass in new installations with a fuel capacity equal to or exceeding 20 MW should only count towards renewable energy targets and obligations in the case of highly efficient combined power and heat installations. In accordance with State aid rules, Member States should however be allowed to grant public support for the production of renewables to installations, and count the electricity they produce towards renewable energy targets and obligations, in order to avoid an increased reliance on fossil fuels with higher climate and environmental impacts where, after exhausting all technical and economic possibilities to install highly efficient combined heat and power biomass installations, Member States would face a substantiated risk to security of supply of electricity.
Amendment 276 #
Proposal for a directive
Recital 85
Recital 85
(85) It is necessary to lay down clear rules based on objective and non- discriminatory criteria, for the calculation of greenhouse gas emission savings from biofuels, bioliquids and biomass fuels and their fossil fuel comparators.
Amendment 277 #
Proposal for a directive
Recital 95
Recital 95
(95) Global demand for agricultural commodities is growing. Part of that increased demand will be met through an increase in the amount of land devoted to agriculture. The restoration of land that has been severely degraded and therefore cannot be used, in its present state, for agricultural purposes is a way of increasing the amount of land available for cultivation. The sustainability scheme should promote the use of restored degraded land because the promotion of biofuels, bioliquids and biomass fuels will contribute to the growth in demand for agricultural commodities, which may result in indirect land-use change emissions.
Amendment 448 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and maythey shall distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change and other unintended sustainability impacts.
Amendment 473 #
Proposal for a directive
Article 7 – paragraph 5 – subparagraph 2
Article 7 – paragraph 5 – subparagraph 2
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend the list of feedstocks in parts A and B of Annex IX in order to add feedstocks, but not to remove them. Each delegated act shall be based on an thorough analysis of the latest scientific and technical progress, taking due account of the principles of the waste hierarchy established in Directive 2008/98/EC, in compliance with the Union sustainability criteria, supporting the conclusion that the feedstock in question does not create an additional demand for land and promoting the use of wastes and residues, while avoiding significant distortive effects on markets for (by- )products, wastes or residues, delivering substantial greenhouse gas emission savings compared to fossil fuels, and not creating risk of negative impacts on the environment and biodiversity.
Amendment 659 #
Proposal for a directive
Article 25 – paragraph 4 – subparagraph 1
Article 25 – paragraph 4 – subparagraph 1
4. Member States shall put in place a database enabling tracing of transport fuels that are eligible for counting towards the numerator set out in paragraph 1(b), and require the relevant economic operators to enter information on the transactions made and the sustainability characteristics of the eligible fuels, including their life cycle greenhouse gas emissions, starting from the point of origin from the cultivation of raw materials, to their point of production tountil the fuel supplier that places the fuel on the market.
Amendment 677 #
Proposal for a directive
Article 25 – paragraph 7
Article 25 – paragraph 7
7. By 31 December 2025, unless the latest technological developments or scientific evidence require an earlier adjustment of the obligation laid down in paragraph 1, in the context of the biennial assessment of progress made pursuant to Regulation [Governance], the Commission shall assess whether the obligation laid down in paragraph 1 effectively stimulates innovation and promotes greenhouse gas savings in the transport sector, and whether the applicable greenhouse gas savings requirements for biofuels and biogas are appropriate. The Commission shall, if appropriate, present a proposal to modify the obligation laid down in paragraph 1.
Amendment 684 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 1 – introductory part
Article 26 – paragraph 1 – subparagraph 1 – introductory part
1. EIrrespective of whether the raw materials were cultivated inside or outside the territory of the Union, energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this paragraph only if they fulfil the sustainability criteria set out in paragraphs 2 to 6 and the greenhouse gas emissions saving criteria set out in paragraph 7:
Amendment 690 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 2
Article 26 – paragraph 1 – subparagraph 2
Amendment 717 #
Proposal for a directive
Article 26 – paragraph 2 – subparagraph 1 – introductory part
Article 26 – paragraph 2 – subparagraph 1 – introductory part
2. Biofuels, bioliquids and biomass fuels produced from forest and agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status:
Amendment 722 #
Proposal for a directive
Article 26 – paragraph 2 – point b – point ii a (new)
Article 26 – paragraph 2 – point b – point ii a (new)
(iia) as forest or area with high conservation value by voluntary international and national certification schemes;
Amendment 727 #
Proposal for a directive
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. Biofuels, bioliquids and biomass fuels produced from forest and agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely land that had one of the following statuses in January 2008 and no longer has that status:
Amendment 732 #
Proposal for a directive
Article 26 – paragraph 4
Article 26 – paragraph 4
4. Biofuels, bioliquids and biomass fuels produced from forest and agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land that was peatland in January 2008.
Amendment 793 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point i
Article 26 – paragraph 5 – point b – point i
i) the forest biomass has been harvested according to a legal permit; in line with the Union's environmental and nature legislation;
Amendment 802 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point ii
Article 26 – paragraph 5 – point b – point ii
ii) forest regeneration of harvested areas or areas that surround these areas and may indirectly be affected by the harvesting takes place;
Amendment 881 #
Proposal for a directive
Article 26 – paragraph 7 – subparagraph 1 a (new)
Article 26 – paragraph 7 – subparagraph 1 a (new)
Member States may set higher ambitions for greenhouse gas emission savings.
Amendment 893 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
8. Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 20 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [31 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [31 years after date of adoption of this Directive].
Amendment 898 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 2
Article 26 – paragraph 8 – subparagraph 2
Amendment 913 #
Proposal for a directive
Article 26 – paragraph 10
Article 26 – paragraph 10
10. For the purposes referred to in points (a), (b) and (c) of paragraph 1, Member States may place additional sustainability requirements for biomass fuels, bioliquids and biomass fuels. These requirements shall be duly substantiated, measurable and verifiable.
Amendment 921 #
Proposal for a directive
Article 27 – paragraph 1 – point d a (new)
Article 27 – paragraph 1 – point d a (new)
(da) provides information about the emissions of ambient air pollutants and impact on limit values as set in Directive 2008/50 on Ambient Air Quality.
Amendment 927 #
Proposal for a directive
Article 27 – paragraph 3 – subparagraph 2
Article 27 – paragraph 3 – subparagraph 2
The obligations laid down in this paragraph shall apply whether the biofuels, bioliquids, and biomass fuels are produced within the Union or imported. When the biofuels, bioliquids and biomass fuels are produced outside of the Union or imported, their geographic origin shall be made available.
Amendment 942 #
Proposal for a directive
Article 27 – paragraph 5 – subparagraph 3
Article 27 – paragraph 5 – subparagraph 3
In order to ensure that compliance with the sustainability and greenhouse gas emissions saving criteria is verified in an efficient and harmonised manner and in particular to prevent fraud, the Commission may, after the consultation of experts, specify detailed implementing rules, including adequate standards of reliability, transparency and independent auditing and require all voluntary schemes to apply those standards. When specifying these standards, the Commission shall pay special attention to the need to minimize administrative burden. This shall be done by means of implementing acts adopted in accordance with the examination procedure referred to in Article 31 (3). Such acts shall set a time frame by which voluntary schemes need to implement the standards. The Commission may repeal decisions recognising voluntary schemes in the event that those schemes fail to implement such standards in the time frame provided for.
Amendment 949 #
Proposal for a directive
Article 28 – paragraph 1 – point a
Article 28 – paragraph 1 – point a
(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 for biofuels and bioliquids and in part A of Annex VI for biomass fuels where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V and, including indirect land-use change values as referred to in part B of Annex VIII, and where the e(I) value for those biomass fuels calculated in accordance with point 7 of part B of Annex VI is equal to or less than zero, by using that default value;
Amendment 954 #
Proposal for a directive
Article 28 – paragraph 1 – point c
Article 28 – paragraph 1 – point c
(c) by using a value calculated as the sum of the factors of the formulas 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 e(iluc) value, for which the values referred to in Annex VIII shall be used; or
Amendment 958 #
Proposal for a directive
Article 28 – paragraph 1 – point d
Article 28 – paragraph 1 – point d
(d) by using a value calculated as the sum of the factors of the formulas referred to in point 1 of part B of Annex VI, where disaggregated default values in part C of Annex VI may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part B of Annex VI, for all other factors, with the exception of the e(iluc) value, for which the values referred to in Annex VIII shall be used.
Amendment 965 #
Proposal for a directive
Article 28 – paragraph 5 – subparagraph 1
Article 28 – paragraph 5 – subparagraph 1
5. The Commission shall keep Annex V and Annex VI under review, with a view, where justified, to adding or revising values for biofuel, bioliquid and biomass fuel production pathways based on the latest technological developments and scientific evidence. That review shall also consider the modification of the methodology laid down in part C of Annex V and in part B of Annex VI.
Amendment 969 #
Proposal for a directive
Article 30 – paragraph 1
Article 30 – paragraph 1
1. The Commission shall monitor the origin of biofuels, bioliquids and biomass fuels consumed in the Union and the impact of their production, including impact as a result of displacement, on land use in the Union and the main third countries of supply. Such monitoring shall be based on Member States’ integrated national energy and climate plans and corresponding progress reports required in Articles 3, 15 and 18 of Regulation [Governance], and those of relevant third countries, intergovernmental organisations, scientific studies, satellite based data and any other relevant pieces of information. The Commission shall also monitor the commodity price changes associated with the use of biomass for energy and any associated positive and negative effects on food security.
Amendment 970 #
Proposal for a directive
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The Commission shall maintain a dialogue and exchange information with third countries and biofuel, bioliquid and biomass fuel producers, consumer organisations and civil society concerning the general implementation of the measures in this Directive relating to biofuels, bioliquids and biomass fuels. It shall, within that framework, pay particular attention to the impact that biofuel and, bioliquid and biomass production may have on food prices.
Amendment 972 #
Proposal for a directive
Article 30 – paragraph 3 – subparagraph 2
Article 30 – paragraph 3 – subparagraph 2
This proposal shall take into account the experience of the implementation of this Directive, including its sustainability and greenhouse gas saving criteria, and technological and scientific developments in energy from renewable sources.