13 Amendments of Massimo PAOLUCCI related to 2012/0288(COD)
Amendment 88 #
Council position
Recital 5
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 feedstocks, it is likely that greenhouse gas emissions linked to indirect land- use change are significant, and couldwill negate some or all of the greenhouse gas emission savings of individual biofuels. This is because land-based biofuels have received a large amount of public subsidies (EUR 10 billion a year), and therefore almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, sugars and cereals and other starch-rich crops accordingly. Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impact and mitigate such negative effects on food security, it is appropriate to focus, in particular, on reducing the projected use of biofuels grown on land as well as taking into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directives 2009/28/EC and 98/70/EC. Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land-use changes.
Amendment 103 #
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 112 #
Council position
Recital 9
Recital 9
(9) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the Commission2012 Communication of 13 February 2012 entitled '"Innovating for Sustainable growth: A Bioeconomy for Europe'" and the Commission Communication of 20 September 2011 entitled '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 other than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water.
Amendment 122 #
Council position
Recital 11 a (new)
Recital 11 a (new)
(11a) Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies – in particular wind, solar, wave and geothermal energy – that have demonstrated their renewability and sustainability.
Amendment 133 #
Council position
Recital 15
Recital 15
(15) The estimated indirect land-use change emissions should be included in the reporting by the Commission of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28counted towards the target in Article 7a(2) of Directive 98/70/EC in order to provide incentives for the biofuels with low indirect land-use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions. In order to make sure that Union targets for greenhouse gas emission savings and biofuels are meaningful and effectively met, indirect land-use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directive 2009/28/EC and Directive 98/70/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 191 #
Council position
Article 1 – point 4 – point a a (new)
Article 1 – point 4 – point a a (new)
Directive 98/70/EC
Article 7c – paragraph 4 - subparagraph 1
Article 7c – paragraph 4 - subparagraph 1
Amendment 210 #
Council position
Article 2 – point 1
Article 2 – point 1
Directive 2009/28/EC
Article 2 – paragraph 2 – point p
Article 2 – paragraph 2 – point p
(p) 'waste' shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council*; smeans any substance or object which the holder discards or intends or is required to discard, as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council and whose status is subject to independent verification and certification as to its compliance with the waste hierarchy established in Article 4 of that Directive or with a comparable waste prevention and management programme. Substances that have been intentionally modified or contaminated to meet that definition are not covered by this definitioncategory;
Amendment 287 #
Council position
Article 2 – point 2 – point d a (new)
Article 2 – point 2 – point d a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(da) the following paragraph is added: "4a. By [one year after the date of entry into force of this Directive], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point b of the second subparagraph of paragraph 4."
Amendment 306 #
Council position
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2
Article 17 – paragraph 2
2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after …+ 1 July 2014. An installation shall be considered to be is "in operation" if the physical production of biofuels or bioliquids has taken place. In the case of installations that were in operation on or before …+1 of July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35 % until 31 December 2017 and at least 50 60% from 1 January 2018. The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1)." __________________ + OJ: please insert the date of entry into force of this Directive.”
Amendment 318 #
Council position
Article 2 – point 6 – point a a (new)
Article 2 – point 6 – point a a (new)
Directive 2009/28/EC
Article 18 – paragraph 4 – subparagraph 1
Article 18 – paragraph 4 – subparagraph 1
Amendment 320 #
Council position
Article 2 – point 6 – point b a (new)
Article 2 – point 6 – point b a (new)
Directive 2009/28/EC
Article 18 – paragraph 4 a (new)
Article 18 – paragraph 4 a (new)
Amendment 342 #
Council position
Article 2 – point 10 – point d a (new)
Article 2 – point 10 – point d a (new)
Directive 2009/28/EC
Article 23 – paragraph 8 a (new)
Article 23 – paragraph 8 a (new)
(da) the following paragraph is added: “8a. By 31 December 2016 the Commission shall submit a report on the positive and negative environmental and economic impacts of biofuels produced from waste, residues, co-products or non- land using feedstocks. The environmental impacts to be assessed shall include greenhouse gas emissions, biodiversity, water, and soil fertility. The potential or forfeited benefits of using these feedstocks for other purposes, in particular the manufacture of products, shall be taken into account. The economic impacts to be assessed shall include production costs, the opportunity cost of using the feedstocks for other purposes and the life- cycle energy return on investment that may be obtained from using the feedstocks to produce advanced biofuels and bioliquids.”
Amendment 343 #
Council position
Article 3 – paragraph 1
Article 3 – paragraph 1
1. The Commission shall at the latest by …+ , before 31 December 2017, submit a report to the European Parliament and to the Council including an assessment of the availability of the necessary quantities of cost-efficient biofuels on the Union market from non- land using feedstocks and non-food crops by 2020, including the need for additional criteria to ensure their sustainability, and of the best available scientific evidence onreviewing, 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 of biofuels and bioliquids. The report shall, if appropriate, be accompanied by proposals for further measures, taking into account economic, social and environmental considerations. The report shall also set out criteria fora legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1 January 2019. The report shall also include a review of the effectiveness of the idncentification and certification of low indirect land-use change-risk biofuels and bioliquids, with a view to adjusting Annex V to Directive 98/70/EC and Annex VIII to Directive 2009/28/EC, if appropriate. __________________ + OJ: please insert the date: one year after the entry into force of this Directivves provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)(d) of Directive 2009/28/EC. It shall include an assessment of the availability of such biofuels and of their environmental, economic and social impacts. It shall inter alia assess the impact of biofuel production on the availability of wood as a resource and on sectors using biomass. The report shall, if appropriate, be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non-land using feedstocks and non-food crops. Investors shall take into account that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage.