33 Amendments of Lynn BOYLAN related to 2012/0288(COD)
Amendment 78 #
Council position
Recital 3 a (new)
Recital 3 a (new)
(3a) The incentive-based stimulation of biofuel production has not only led to an increase in biofuel production in the 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 hectares of land were used for biofuel production by European companies in Africa alone. In a note from April 2013, the United Nations Special Rapporteur on the right to food stressed the adverse impacts of the Union biofuels policy in relation to the right to food, land and water. In order to counter these negative impacts, the Commission should propose to amend and strengthen the sustainability criteria in Article 17 of Directive 2009/98/EC and Article 7b of Directive 98/70/EC.
Amendment 89 #
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 6 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.
Amendment 93 #
Council position
Recital 5 a (new)
Recital 5 a (new)
(5a) The indirect land use change effects are not only environmental, but also social, and are placing additional pressure on land use, particularly in developing countries, which is having a negative impact on the food security of local people, in particular women.
Amendment 134 #
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 undercount toward the targets in Directives 98/70/EC and 2009/28/EC to provide incentives for 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. Indirect land-use change emissions should also be taken into account when calculating the greenhouse gas emissions savings required as set out in 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 142 #
Council position
Recital 15 a (new)
Recital 15 a (new)
(15a) The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. Special measures to protect indigenous communities' land therefore need to be introduced.
Amendment 151 #
Council position
Recital 20 a (new)
Recital 20 a (new)
(20a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on Transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems.
Amendment 157 #
Council position
Recital 28
Recital 28
(28) Since tThe objectives of this Directive, namely to should ensure a single market for fuel for roadthe transport and non-road mobile machinerysector and ensure respect forthat minimum levels of environmental protection in the use of that fuel,are respected and adverse effects on food security and land-use rights are avoided in connection with the production and use of that fuel. Since these objectives cannot be sufficiently achieved by the Member States but can rather, by reason of their scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.
Amendment 158 #
Council position
Recital 28 a (new)
Recital 28 a (new)
(28 a) Public incentives for biofuels inject significant additional demand into the commodities markets and, therefore, impact prices significantly, both on international markets and on the domestic markets of net-food importing countries. This is of serious concern in particular for poor people who spend a significant proportion of their household income on food. The Union's biofuels policy is alleged to favour large-scale industrial models of agricultural production that appear to offer limited benefits to local populations.
Amendment 185 #
Council position
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4 a (new)
Article 7b – paragraph 4 a (new)
(ba) the following paragraph is inserted: "4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from 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 197 #
Council position
Article 1 – point 5 – point -a (new)
Article 1 – point 5 – point -a (new)
Directive 98/70/EC
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) 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 savings for the biofuel production pathway is laid down in Ppart A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of Ppart 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 Ppart C of Annex IV; or 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 Ppart C of Annex IV, where disaggregated default values in Ppart D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in Ppart C of Annex IV, for all other factors., adding the estimates for indirect land-use change emissions set out in Annex V." For the purposes of Article 7a, from 2017 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph."
Amendment 239 #
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops and other energy crops grown on land, sugars and oil crops shall be no more than 74 % of the final consumption of energy in transport in the Member States in 2020;
Amendment 286 #
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 290 #
Council position
Article 2 – point 2 – point b – point d a (new)
Article 2 – point 2 – point b – 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. With a view to meeting the target set in paragraph 4, Member States shall reduce overall energy consumption in the transport sector so as to increase energy efficiency in that sector by at least 12% with respect to their current projections for overall energy consumption in the transport sector by 2020."
Amendment 292 #
Council position
Article 2 – point 2 – point d a (new)
Article 2 – point 2 – point d a (new)
Directive 2009/28/EC
Article 4 – paragraph 4 b (new)
Article 4 – paragraph 4 b (new)
(db) the following paragraph is added: "4b. With a view to meeting the target set in paragraph 4, Member States shall ensure that electricity generated from renewable sources accounts for at least 2% of overall energy consumption in the transport sector by 2020."
Amendment 297 #
Council position
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(2a) In Article 4, the following paragraph is inserted: "3a. Each Member State shall publish and notify to the Commission by [one year after the date of entry into force of this Directive] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)."
Amendment 310 #
Council position
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
(ba) the following paragraph is inserted: "4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from 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 317 #
Council position
Article 2 – point 6 – point –a (new)
Article 2 – point 6 – point –a (new)
Directive 2009/28/EC
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
(-a) the following paragraph is inserted: "2a. 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 Member States. Data shall also include the country of origin or the country exporting those products into the Union. 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."
Amendment 324 #
Council position
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: “ 1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V; or adding the estimates for indirect land-use change emissions set out in Annex VIII; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors., adding the estimates for indirect land-use change emissions set out in Annex VIII."
Amendment 353 #
Council position
Annex I – point -1 (new)
Annex I – point -1 (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
(-1) point 1 of Part C of Annex IV is replaced by the following: “1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: EB = eec + eldl + eiluc + ep + etd + eu – esca – eccs – eccr – eee ,ee; where EB = total emissions from the use of the biofuel; eec = emissions from the extraction or cultivation of raw materials; edl = annualised emissions from carbon stock changes caused by direct land-use change; eiluc = annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account.”
Amendment 357 #
Annex I – point 1 a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(1a) The following point is added to part C of Annex IV: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex V."
Amendment 365 #
Council position
Annex II – point -1 (new)
Annex II – point -1 (new)
Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
Amendment 372 #
Council position
Annex II – point 1 a (new)
Annex II – point 1 a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(1a) The following point is added in part C of Annex V: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII."
Amendment 387 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – title
Annex IX – part A – title
Part A. Feedstocks and fuels, thfrom waste and residues whose contribution of which towards the target(s) referred to in Article 3(4) shall be considered to be twice their energy content and which contribute towards the 2,5% target referred to in Article 3(d)(i)
Amendment 392 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point a
Annex IX – part A – point a
Amendment 395 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point b
Annex IX – part A – point b
(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) ofor separate collection under Article 11(2) (a) of Directive 2008/98/EC. of 19 November 2008 on waste and repealing certain Directives; derogations may be granted by Member States for separate biowaste when processes allow the production of both compost and biofuels.
Amendment 397 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point c
Annex IX – part A – point c
Amendment 399 #
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., retail and wholesale waste, 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
Amendment 412 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point i
Annex IX – part A – point i
Amendment 415 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n
Annex IX – part A – point n
(n) Cobs cleaned of kernels of corn.
Amendment 417 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point o
Annex IX – part A – point o
(o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre- commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oilark, branches, leaves, saw dust and cutter shavings. Only sustainable quantities of these feedstocks, which do not undermine soil fertility and ecosystem services, can be removed.
Amendment 424 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point p
Annex IX – part A – point p
Amendment 426 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point q
Annex IX – part A – point q
Amendment 448 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annexe IX – part B a (new)
Annexe IX – part B a (new)
Part Ba. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2,5% target referred to in Article 3(d)(i) (a) Algae (autotrophic) (b) Renewable liquids and gaseous fuels of non-biological origin (c) Bacteria