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Activities of Paul MURPHY related to 2012/0288(COD)

Shadow opinions (1)

OPINION on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources
2016/11/22
Committee: INTA
Dossiers: 2012/0288(COD)
Documents: PDF(253 KB) DOC(408 KB)

Amendments (53)

Amendment 12 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Citation 1 a (new)
Having regard to the Treaty on European Union (TEU) and in particular Article 21 thereof and the Treaty on the Functioning of the European Union (TFEU) and in particular Article 208 thereof in relation to Article 17 of Directive 2009/28/EC and Article 7b of Directive 98/70/EC,
2013/05/08
Committee: INTA
Amendment 13 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 16 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Recital 3 a (new)
(3a) The incentive based stimulation of biofuel production has not only led to an increase in biofuel production in the European Union but has also led to an expansion of biofuel production in third countries. Although figures relating to the exact amount of land that was used and diverted to biofuel production in third countries vary, some reports found that between 2009 and 2013, 6 million ha of land was used for biofuel production by European companies in Africa alone. In a note from April 2013, the UN Special Rapporteur on the right to food stresses the adverse impacts of the EU biofuels policy in relation to the right to food, land and water. In order to counter these negative impacts, the Commission will propose to amend and strengthen the sustainability criteria in Article 17 of Directive 2009/98/EC and Article 7 b of Directive 98/70/EC.
2013/05/08
Committee: INTA
Amendment 17 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 21 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
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 and bioliquid feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant, and couldan negate some or all of the greenhouse gas savings of individual biofuels and bioliquids. This is because almost the entire biofuel and bioliquid production in 2020 is expected to come from cropraw materials grown on land that cshould be used to satisfy the need for food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between cropraw material groups such as oil crops, cereals, sugars and other starch containing crops accordingly.
2013/05/08
Committee: INTA
Amendment 25 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 26 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
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 and bioliquids.
2013/05/08
Committee: INTA
Amendment 31 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 36 #
Paul MURPHY
Proposal for a directive
Recital 10
(10) The 53% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, the access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations.
2013/05/08
Committee: INTA
Amendment 39 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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. .
2013/05/08
Committee: INTA
Amendment 40 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 41 #
Paul MURPHY
Proposal for a directive
Recital 11 b (new)
(11 b) Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes, thereby failing to ensure they are effective in ensuring compliance with sustainability criteria and transparency. It is therefore appropriate that the Commission sets mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria.
2013/05/08
Committee: INTA
Amendment 42 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Recital 11 c (new)
(11 c) The use of land for growing biofuel feedstocks must not result in the displacement of local and indigenous communities. Special land protection measures therefore need to be introduced.
2013/05/08
Committee: INTA
Amendment 44 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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.
2013/05/08
Committee: INTA
Amendment 47 #
Paul MURPHY
Proposal for a directive
Recital 20
(20) The Commission shouldwill review the effectiveness of the measures introduced by this Directive, based on the best and latest available and publicly funded scientific evidence, in limiting indirect land-use change greenhouse gas emissions in the EU and third countries exporting to the EU and addressing ways to further minimise that impact, which could include the introduction of by including estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021soon as this Directive enters into force. The Commission will also propose further measures such as a possible import ban on biofuels and bioliquids that contribute to increased greenhouse gas emissions through indirect land use change.
2013/05/08
Committee: INTA
Amendment 53 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 5 a (new)
(ba) In Article 7 b the following paragraph 5 a is added: "5a. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw materials obtained from agricultural residues unless evidence is provided that this does not result in a degradation of agricultural land and the functioning of the ecosystem. The volume of agricultural residues that must remain on the land for ecological reasons shall be established on the basis of local bio-geographical characteristics including, but not limited to, the organic content of the soil, the fertility of the soil, water retention capacity and carbon sequestration. Raw material obtained from agricultural residues produced during off-field processing of crops into food or other products is not covered by this paragraph."
2013/05/08
Committee: INTA
Amendment 54 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
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."
2013/05/08
Committee: INTA
Amendment 55 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b c
Directive 98/70/EC
Article 7b – paragraph 7
(bc) Article 7b paragraph 7 is amended as follows: (i) first subparagraph is replaced by the following: "7. The Commission shall, every year, report to the European Parliament and the Council, in respect of both third countries and Member States that are a […] source of biofuels or of raw material for biofuels consumed within the European Union, on national measures taken to respect the sustainability criteria set out in paragraphs 2 to 5 and for soil, water and air protection. […]" (ii) introductory part of the second subparagraph is replaced by the following: "The Commission shall, every year, report to the European Parliament and the Council on the impact on social sustainability in the Community and in third countries of increased demand for biofuel, on the impact of Community biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and on wider development issues. Reports shall address the respect of land use rights. They shall state, both for third countries and Member States that are a […] source of raw material for biofuel consumed within the European Union, whether the country has ratified and implemented each of the following Conventions of the International Labour Organisation and adheres to the following United Nations' Declarations and Resolutions:" (iii) to the second subparagraph the following indents 8a, 8b, 8c and 8d are added: - Convention concerning Indigenous and Tribal Peoples (No. 169) - The right to food as recognised in the Universal Declaration of Human Rights (Article 25) as part of the right to an adequate standard of living and enshrined in the International Covenant on Economic and Cultural Rights (Article 11) - United Nations' Declaration on the Rights of Indigenous Peoples 61/295 which states that Indigenous Peoples have the right to Free, Prior and Informed Consent (FPIC) - United Nations' General Assembly Resolution 64/292 in relation to the human right to water and sanitation (iv) introductory part of the third subparagraph is replaced by the following: "Those reports shall state, both for third countries and Member States that are a […] source of raw material for biofuel consumed within the European Union, whether the country has ratified and implemented:" (v) fourth subparagraph is replaced by the following: "The first report was submitted in March 2013. The Commission shall, if appropriate, propose corrective action, in particular if evidence shows that biofuel production has a significant impact on food prices."
2013/05/08
Committee: INTA
Amendment 56 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)
Directive 98/70/EC
Article 7 c – paragraph 3 – subparagraph 1
2 a. in paragraph 3, the first subparagraph is replaced by the following: "1. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State [...] the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data."
2013/05/08
Committee: INTA
Amendment 57 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 b (new)
Directive 98/70/EC
Article 7 c – paragraph 3 – subparagraph 3
2 b. in paragraph 3, the third subparagraph is replaced by the following: "The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, notably the smaller ones."
2013/05/08
Committee: INTA
Amendment 58 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 c (new)
Directive 98/70/EC
Article 7 c – paragraph 3 – subparagraph 5
2 c. in paragraph 3, subparagraph 5 is replaced by the following: "Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC [...]."
2013/05/08
Committee: INTA
Amendment 59 #
Yannick JADOT, Paul MURPHY, Catherine BEARDER
Proposal for a directive
Article 1 – paragraph 1 – point 2 d (new)
Directive 98/70/EC
Article 7 c – paragraph 4 – first subparagraph
2 d. in paragraph 4, the first subparagraph is replaced by the following: "1. 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 7(b)7. Where the EU has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), 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 7b(7)."
2013/05/08
Committee: INTA
Amendment 60 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 e (new)
Directive 98/70/EC
Article 7 c – paragraph 5
2 e. Article 7c paragraph 5 is replaced by the following: "5. The Commission shall adopt decisions under paragraph 4 only if the agreement or scheme in question meets adequate standards of reliability, transparency and independent auditing. The agreement or scheme shall be considered to meet the standards referred to in the first subparagraph only if it meets the following minimum requirements: a. Accreditation against relevant international standards, notably the following: ISO Guide 65 : General requirements for bodies operating product certification systems ISO 17000: conformity assessment – vocabulary and general principles ISO 17011: conformity assessment - general requirements for accreditation bodies accrediting conformity assessment bodies ISO 17021 : conformity assessment – general requirements for bodies providing audits and certification of management systems ISO 19011 : guidelines for quality and/or environmental management system auditing b. Availability of reliable procedures for identifying, handling and resolving conflicts of interest. c. At least annual field audits, in accordance with clear and documented procedures. Audits shall be based on publicly available guidelines, checklists and plans. Auditor reports shall be kept for at least five years. d. Provisions to ensure stakeholders' involvement, notably including indigenous and local communities, in audits. Stakeholders' involvement shall be documented. Those documents shall be kept for at least five years and be publicly available. e. Clear and documented procedures for dealing with non-compliance situations. These procedures shall include clear terms for compliance and sanctions. Sanctions shall be defined, which shall include the exclusion of consignments from the scope of the agreement or scheme and the withdrawal of the certificate. f. Publication on a website of the list of operators covered by the agreement or scheme, including the relevant certificate as well as a summary of auditors reports. g. Publication on a website of the agreement or scheme, in a single document, and of the decision adopted under paragraph 4, including translations in the official languages of the countries or regions from which the raw materials originate. h. Adequate provisions for the purposes of Article 7c(6)(a). In the case of schemes to measure greenhouse gas emission saving, such schemes shall also comply with the methodological requirements in Annex IV. Lists of areas of high biodiversity value as referred to in Article 7b(3)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures."
2013/05/08
Committee: INTA
Amendment 61 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 f (new)
Directive 98/70/EC
Article 7 c – paragraph 6 a (new)
2 f. In Article 7c the following paragraph 6 a is added: "6a. When the Commission envisages that a decision under paragraph 4 may be adopted, it shall publish the agreement or scheme, in a single comprehensive document, on the transparency platform referred to in Article 24 of Directive 2009/28/EC. The Commission shall invite the stakeholders to submit observations in relation to the agreement or scheme. A notice to this end shall be published in the Official Journal. The period for observations shall not be shorter than two months as from the date of publication of the notice. After the adoption of a decision under paragraph 4, the agreement or scheme shall be published, in a single comprehensive document, on the transparency platform. Where the agreement or scheme covers the cultivation or harvest of raw materials, translations of the agreement or scheme in the official languages of the countries or regions from which the raw materials originate shall be published on the transparency platform. The Commission shall monitor the operation of the agreement or scheme; moreover, decisions under paragraph 4 shall indicate that stakeholders may submit substantiated concerns to the Commission in relation to the operation of the agreement or scheme. When the information available raises doubts about whether the recognised agreement or scheme continues to fulfil the requirements of paragraph 5, the Commission shall assess the practical operation of the agreement or scheme by reviewing any relevant document, including but not limited to auditor reports, produced or held for the purposes of the operation of the agreement or scheme. When justified by preliminary evidence of serious shortcomings in the operation of the agreement or scheme, the Commission shall immediately suspend the decision under paragraph 4 by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). The suspension shall be revoked in the same manner when the Commission's assessment concludes that the matter has been solved."
2013/05/08
Committee: INTA
Amendment 62 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 2 g (new)
Directive 98/70/EC
Article 7 c – paragraph 9 a (new)
2 g. In Article 7c the following paragraph 9 a is added: "9a. By three years [from the entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each scheme, the report shall analyse, inter alia, the following: - Independency, modality and frequency of audits; - Availability and experience in the application of methods for identifying and dealing with non-compliance; - Transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports; - Stakeholders' involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits; - Overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; - Market update of the scheme. The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council to modify the criteria listed in Article 7c(5)."
2013/05/08
Committee: INTA
Amendment 63 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 1 – paragraph 1 – point 3 – point - a
Directive 98/70/EC
Article 7 d – paragraph 1
(-a) Article 7 d paragraph 1 is replaced by the following: "1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels 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 IV and where the [...] 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, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, 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 adding the estimates for indirect land-use change emissions set out in Annex V; (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, adding the estimates for indirect land-use change emissions set out in Annex V."
2013/05/08
Committee: INTA
Amendment 66 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1
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 shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.deleted
2013/05/08
Committee: INTA
Amendment 69 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c – point i a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – second subparagraph (new)
(i a) a second subparagraph is added to Article 3, paragraph 4: Each Member State shall ensure that the share of electricity from renewable energy sources used in all forms of transport is at least 2% of the final consumption of energy in transport in that Member State by 2020.
2013/05/08
Committee: INTA
Amendment 70 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c – point i b (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – point c
(i b) point c is replaced by the following: "(c) for the calculation of the contribution from electricity produced from renewable sources and consumed in all types of electric vehicles for the purpose of points (a) and (b), Member States may choose to use either the average share of electricity from renewable energy sources in the Community or the share of electricity from renewable energy sources in their own country as measured two years before the year in question. Furthermore, for the calculation of the electricity from renewable energy sources consumed by all types of electric vehicles, that consumption shall be considered to be 5 times the energy content of the input of electricity from renewable energy sources."
2013/05/08
Committee: INTA
Amendment 72 #
Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c – point ii
Directive 2009/28/EC
Article 2 – paragraph 4 – 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 shall be no more than 5%, the estimated share at the end of 2011,as well as from non-food advanced biofuels shall be no more than 3 % of the final consumption of energy in transport in 2020.
2013/05/08
Committee: INTA
Amendment 75 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – point e – point iii
(iii) renewable liquid and gaseous fuels of non-biological origin shall be considered to be four times their energy content.deleted
2013/05/08
Committee: INTA
Amendment 76 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1
(-a) The introductory part of Article 17 paragraph 1 is amended as follows: "1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7:"
2013/05/08
Committee: INTA
Amendment 78 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point ba (new)
Directive 2009/28/EC
Article 17 – paragraph 5 a (new)
(this amendment also applies to Article 7b, paragraph 5 of Directive 98/70/EC)(ba) In Article 17 the following paragraph 5 a is added: "Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw materials obtained from agricultural residues unless evidence is provided that this does not result in a degradation of agricultural land and the functioning of the ecosystem. The volume of agricultural residues that must remain on the land for ecological reasons shall be established on the basis of local bio-geographical characteristics including, but not limited to, the organic content of the soil, the fertility of the soil, water retention capacity and carbon sequestration. Raw material obtained from agricultural residues produced during off-field processing of crops into food or other products is not covered by this paragraph." Or. en
2013/05/08
Committee: INTA
Amendment 79 #
Paul MURPHY, Yannick JADOT, Catherine BEARDER
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point bb (new)
Directive 2009/28/EC
Article 17 – paragraph 5 b (new)
(this amendment also applies to Article 7b, paragraph 5 of Directive 98/70/EC)(bb) In Article 17 the following paragraph 5b is added: "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." Or. en
2013/05/08
Committee: INTA
Amendment 80 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 2 – paragraph 1 – point 5 – point bc (new)
Directive 2009/28/EC
Article 17 – paragraph 7
(This amendment also applies to Article 7b, paragraph 7 of Directive 98/70/EC)(bc) Article 17 paragraph 7 is amended as follows: (i) subparagraph 1 of paragraph 7 is amended as follows: "The Commission shall, every year, report to the European Parliament and the Council, in respect of both third countries and Member States that are a [...] source of biofuels or of raw material for biofuels consumed within the European Union, on national measures taken to respect the sustainability criteria set out in paragraphs 2 to 5 and for soil, water and air protection [...]." (ii) subparagraph 2 of paragraph 7 is amended as follows: "The Commission shall, every year, report to the European Parliament and the Council on the impact on social sustainability in the Community and in third countries of increased demand for biofuel, on the impact of Community biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and wider development issues. Reports shall address the respect of land-use rights. They shall state, both for third countries and Member States that are a [...] source of raw material for biofuel consumed within the European Union, whether the country has ratified and implemented each of the following Conventions of the International Labour Organisation and adheres to the following United Nations' Declarations and Resolutions: (iii) to the subparagraph 2 the following indents 8a, 8b, 8c and 8 d are added: - Convention concerning Indigenous and Tribal Peoples (No. 169) - The right to food as recognised in the Universal Declaration of Human Rights (Article 25) as part of the right to an adequate standard of living and enshrined in the International Covenant on Economic and Cultural Rights (Article 11) - United Nations' Declaration on the Rights of Indigenous Peoples 61/295 which states that Indigenous Peoples have the right to Free, Prior and Informed Consent (FPIC) - United Nations' General Assembly Resolution 64/292 in relation to the human right to water and sanitation (iv) Subparagraph 3 of paragraph 7 is amended as follows: "Those reports shall state, both for third countries and Member States that are a [...] source of raw material for biofuel consumed within the European Union, whether the country has ratified and implemented:" (v) Subparagraph 4 of paragraph 7 is amended as follows: "The first report was submitted in March 2013. The Commission shall, if appropriate, propose corrective action, in particular if evidence shows that biofuel production has a significant impact on food prices." Or. en
2013/05/08
Committee: INTA
Amendment 81 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 2 – paragraph 1 – point 6
Directive 2009/28/EC
Article 18 – paragraph 2 a (new)
6. In Article 18 the following paragraph 2 a is added: "Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by EU Member States. Data shall also include the country of origin or the country exporting those products into the EU. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks."
2013/05/08
Committee: INTA
Amendment 83 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point -ab (new)
Directive 2009/28/EC
Article 18 – paragraph 3 – first subparagraph
(-ab) In Article 18 paragraph 3, the first subparagraph is replaced by the following: "3. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State [...] the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data."
2013/05/08
Committee: INTA
Amendment 84 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point -ac (new)
Directive 2009/28/EC
Article 18 – paragraph 3 – subparagraph 3
(-ac) In Article 18 paragraph 3, the third subparagraph is replaced by the following: "The Commission shall, in accordance with the advisory procedure referred to in Article 25(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, notably the smaller ones."
2013/05/08
Committee: INTA
Amendment 85 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point -ad (new)
Directive 2009/28/EC
Article 18 – paragraph 3 – subparagraph 5
(-ad) In Article 18 paragraph 3, the fifth subparagraph is replaced by the following: "Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 [...]."
2013/05/08
Committee: INTA
Amendment 87 #
Yannick JADOT, Paul MURPHY, Catherine BEARDER
Proposal for a directive
Article 2 – paragraph 1 – point 6 – point - ad (new)
Directive 2009/28/EC
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)."
2013/05/08
Committee: INTA
Amendment 89 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 6 a (new)
Directive 2009/28/EC
Article 18 – paragraph 5
6 a. Article 18 paragraph 5 is replaced by the following: "5. The Commission shall adopt decisions under paragraph 4 only if the agreement or scheme in question meets adequate standards of reliability, transparency and independent auditing. The agreement or scheme shall be considered to meet the standards referred to in the first subparagraph only if it meets the following minimum requirements: a. Accreditation against relevant international standards, notably the following: ISO Guide 65 : General requirements for bodies operating product certification systems ISO 17000: conformity assessment – vocabulary and general principles ISO 17011: conformity assessment - general requirements for accreditation bodies accrediting conformity assessment bodies ISO 17021 : conformity assessment – general requirements for bodies providing audits and certification of management systems ISO 19011 : guidelines for quality and/or environmental management system auditing b. Availability of reliable procedures for identifying, handling and resolving conflicts of interest. c. At least annual field audits, in accordance with clear and documented procedures. Audits shall be based on publicly available guidelines, checklists and plans. Auditor reports shall be kept for at least five years. d. Provisions to ensure stakeholders' involvement, notably including indigenous and local communities, in audits. Stakeholders' involvement shall be documented. Those documents shall be kept for at least five years and be publicly available. e. Clear and documented procedures for dealing with non-compliance situations. These procedures shall include clear terms for compliance and sanctions. Sanctions shall be defined, which shall include the exclusion of consignments from the scope of the agreement or scheme and the withdrawal of the certificate. f. Publication on a website of the list of operators covered by the agreement or scheme, including the relevant certificate as well as a summary of auditors reports. g. Publication on a website of the agreement or scheme, in a single document, and of the decision adopted under paragraph 4, including translations in the official languages of the countries or regions from which the raw materials originate. h. Adequate provisions for the purposes of Article 18(6)(a). In the case of schemes to measure greenhouse gas emission saving, such schemes shall also comply with the methodological requirements in Annex IV. Lists of areas of high biodiversity value as referred to in Article 17(3)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures."
2013/05/08
Committee: INTA
Amendment 91 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 6 c (new)
Directive 2009/28/EC
Article 18 – paragraph 9 a (new)
6 c. In Article 18 the following paragraph 9 a is added: "9 a. By three years [from the entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each scheme, the report shall analyse, inter alia, the following: - Independency, modality and frequency of audits; - Availability and experience in the application of methods for identifying and dealing with non-compliance; - Transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports; - Stakeholders' involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits; - Overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; - Market update of the scheme. The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council to modify the criteria listed in Article 18(5)."
2013/05/08
Committee: INTA
Amendment 92 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Article 2 – paragraph 1 – point 7 – point -a
Directive 2009/28/EC
Article 19 – paragraph 1
(-a) Article 19 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 is laid down in part A or B of Annex V and where the [...] 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 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."
2013/05/08
Committee: INTA
Amendment 95 #
Paul MURPHY, Yannick JADOT
Proposal for a directive
Article 3 – paragraph 1
The Commission shall, before 31 December 2017, include indirect land-use change emission factors in the sustainability scheme as soon as this Directive enters into force. By [no later than one year after the entering into force of this Directive], the Commission shall 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 ofenvironmental, social and economic impacts of conventional and advanced biofuels and bioliquids. The report shall be based on the best available and publicly funded scientific information. In assessing the environmental, social and economic impacts of biofuels and bioliquids, the report shall consider the technical and economical availability of sustainable raw materials and the benefits foregone from diverting them from other uses, notably in food and feed production, in products or as natural fertilisers. The whole life cycle of conventional and advanced biofuels 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 sustaina shall be considered. The use of fossil fuels at each step of the life cycle, notably for the production of fertilisers, process and transport energy, shall be analysed with a view to evaluating the energy return on energy invested of both conventional and advanced biofuels and bioliquids and to verifying the energy security impact of biofuels and biolity criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non- land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC. quids. The report shall be accompanied by additional legislative proposals to further decrease greenhouse gas emissions resulting directly or indirectly from conventional or advanced biofuel and bioliquid production and to stimulate the production of electricity from renewable energy and come forward with a proposal to move towards a sustainable public transport system across Europe.
2013/05/08
Committee: INTA
Amendment 98 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 1 – paragraph 1 – point 2
Directive 98/70/EC
Annex V – Part B – point b
(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the followingnot taken place on cropland, perennial cropland or land in any other IPCC land cover categories; y (forest land, grassland, wetlands, settlements, or o) used for food production, whether lmand, to cropland or perennial cropland . Inaged or unmanaged, such a case a “direct land use change emission value (el)” should have been calculated in accordance to Part C, paragraph 7 of Annex IVgricultural and silvipastoral systems.
2013/05/08
Committee: INTA
Amendment 103 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 2
Directive 2009/28/EC
Annex VIII – Part B – point b
(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the followingnot taken place on cropland, perennial cropland or land in any other IPCC land cover categories; y (forest land, grassland, wetlands, settlements, or o) used for food production, whether lmand, to cropland or perennial cropland. Inaged or unmanaged, such a case a “direct land use change emission value (el)” should have been calculated in accordance to Part C, paragraph 7 of Annex Vgricultural and silvipastoral systems.
2013/05/08
Committee: INTA
Amendment 104 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part A – point a
(a) Algae.deleted
2013/05/08
Committee: INTA
Amendment 105 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part A – point d
(d) Straw.deleted
2013/05/08
Committee: INTA
Amendment 106 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part A – point f
(f) Palm oil mill effluent and empty palm fruit bunches.deleted
2013/05/08
Committee: INTA
Amendment 107 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part A – point i
(i) Bagasse.deleted
2013/05/08
Committee: INTA
Amendment 108 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part A – point n
(n) Bark, branches, leaves, saw dust and cutter shavings.deleted
2013/05/08
Committee: INTA
Amendment 110 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part B – point c
(c) Non-food cellulosic material.deleted
2013/05/08
Committee: INTA
Amendment 111 #
Yannick JADOT, Paul MURPHY
Proposal for a directive
Annex 2 – paragraph 1 – point 3
Directive 2009/28/EC
Annex IX – Part B – point d
(d) Ligno-cellulosic material except saw logs and veneer logs.deleted
2013/05/08
Committee: INTA
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