BETA

Activities of Bronis ROPĖ related to 2021/0218(COD)

Shadow opinions (1)

2022/04/22
Committee: AGRI
Dossiers: 2021/0218(COD)
Documents: PDF(330 KB) DOC(222 KB)
Authors: [{'name': 'Pina PICIERNO', 'mepid': 124846}]

Amendments (75)

Proposal for a directive
Recital 3

(3) Directive (EU) 2018/2001 of the European Parliament and of the Council9 sets a binding Union target to reach a share of at least 32 % of energy from renewable sources in the Union's gross final consumption of energy by 2030. Under the Climate Target Plan, the share of renewable energy in gross final energy consumption would need to increase to 4051% by 2030 in order to achieve the Union’s greenhouse gas emissions reduction target10 . Therefore, the target set out in Article 3 of that Directive needs to be increased. __________________ 9 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources, OJ L 328, 21.12.2018, p. 82–209 10 Point 3 of the Communication from the Commission COM(2020) 562 final of 17.9.2020, Stepping up Europe’s 2030 climate ambition Investing in a climate- neutral future for the benefit of our people

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 4

(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle of, in particular with respect to forest and agricultural biomass ~~use~~11 , with a view to ensuring ~~fair~~a sustainable access to the biomass raw material market for the development of innovative, high value- added bio-based solutions and a sustainable circular bioeconomy. WPolicies should therefore take into account these principles and further promote the re- introduction of secondary raw materials in the economy over recovery for energy purposes, as required by the waste hierarchy established in Directive 2008/98/EC. In particular, when developing support schemes for bioenergy, Member States should therefore take into consideration the available sustainable supply of biomass for energy and non- energy uses and the maintenance of the national forest carbon sinks and ecosystems as well as the principles of the circular economy and the biomass cascading use, and the waste hierarchy established in Directive 2008/98/EC of the European Parliament and of the Council12 . For this, they should grant no support to the production of energy from saw logs, veener logs, stumps and roots and avoid promoting the use of quality roundwood for energy except ~~in well-defined circumstances~~. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood- based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. Where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery helps to reduce energy generation from non- renewable sources. Member States’ support schemes for bioenergy should therefore be directed to such feedstocks for which little market competition exists with the material sectors, and whose sourcing is considered positive for both climate and biodiversity, in order to avoid negative incentives for unsustainable bioenergy pathways, as identified in the JRC report ‘The use of woody biomass for energy production in the EU’13 . On the other hand, in defining the further implications of the cascading principle, it is necessary to recognise the national specificities which guide Member States in the design of their support schemesWaste prevention, reuse and recycling of waste should be the priority option. Member States should avoid creating support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste. Moreover, in order to ensure a more efficient use of bioenergy, from 2026 on Member States should not give support anymore to electricity-only plants , unless the installations are in regions with a specific use status as regards their transition away from fossil fuels or if the installations use carbon capture and storage. __________________ 11 The cascading principle aims to achieve resource efficiency of biomass use through prioritising biomass material use to energy use wherever possible, increasing thus the amount of biomass available within the system. In line with the cascading principle, woody biomass should be used according to its highest economic and environmental added value in the following order of priorities: 1) wood-based products, 2) extending their service life, 3) re-use, 4) recycling, 5) bio-energy and 6) disposal. 12 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). 13 https://publications.jrc.ec.europa.eu/reposit ory/handle/JRC122719

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 4 a (new)

(4a) Agricultural residues for the production of biofuels, bioliquids and biomass fuels should be cultivated and harvested using practices that are consistent with the protection of soil quality and soil organic carbon.

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 5

(5) The rapid growth and increasing cost-competitiveness of renewable electricity production can be used to satisfy a growing share of energy demand, for instance using heat pumps for space heating or low-temperature industrial processes, electric vehicles for transport, or electric furnaces in certain industries. Renewable electricity can also be used to produce synthetic fuels for consumption in hard-to-decarbonise transport sectors such as aviation and maritime transport. A framework for electrification needs to enable robust and efficient coordination and expand market mechanisms to match both supply and demand in space and time, stimulate investments in flexibility, and help integrate large shares of variable renewable generation. Member States should therefore ensure that the deployment of renewable electricity continues to increase at an adequate pace to meet growing demand, including by insuring a more robust power supply to meet the demands of rural areas. For this, Member States should establish a framework that includes market- compatible mechanisms to tackle remaining barriers to have secure and adequate electricity systems fit for a high level of renewable energy, as well as storage facilities, fully integrated into the electricity system. In particular, this framework shall tackle remaining barriers, including non-financial ones such as insufficient digital and human resources of authorities to process a growing number of permitting applications.

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 20

(20) Recharging points ~~where electric vehicles typically park for extended periods of time, such as where people park for reasons of residence or employment~~, both in urban and rural areas, at strategic locations, such as where people park for reasons of residence or employment, or near hospitals, schools, local community centres, commercial establishments and other central community locations, are highly relevant to energy system integration, therefore smart charging functionalities need to be ensured. In this regard, the operation of non-publicly accessible normal charging infrastructure is particularly important for the integration of electric vehicles in the electricity system as it is located where electric vehicles are parked repeatedly for long periods of time, such as in buildings with restricted access, employee parking or parking facilities rented out to natural or legal persons.

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 27

(27) Waste heat and cold are underused despite their wide availability, leading to a waste of resources, lower energy efficiency in national energy systems and higher than necessary energy consumption in the Union. Requirements for closer coordination between district heating and cooling operators, industrial and tertiary sectors, and local authorities, including in rural areas, could facilitate the dialogue and cooperation necessary to harness cost- effective waste heat and cold potentials via district heating and cooling systems.

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 35

(35) To ensure higher environmental effectiveness of the Union sustainability and greenhouse emissions saving criteria for solid biomass fuels in installations producing heating, electricity and cooling, the minimum threshold for the applicability of such criteria should be lowered from the current 20 MW to 51 MW.

2022/02/02
Committee: AGRI

Proposal for a directive
Recital 36

(36) Directive (EU) 2018/2001 strengthened the bioenergy sustainability and greenhouse gas savings framework by setting criteria for all end-use sectors. It set out specific rules for biofuels, bioliquids and biomass fuels produced from ~~forest~~woody biomass, requiring the sustainability of harvesting operations and the accounting of land-use change emissions. To achieve an enhanced protection of especially biodiverse and carbon-rich habitats, such as primary forests, highly biodiverse forests, grasslands and peat lands, exclusions and limitations to source forest biomass from those areas should be introduced, in line with the approach for biofuels, bioliquids and biomass fuels produced from agricultural biomass. In addition, the greenhouse gas emission saving criteria should also apply to existing biomass-based installations to ensure that bioenergy production in all such installations leads to greenhouse gas emission reductions compared to energy produced from fossil fuels.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 23

(-a) point (23) is replaced by the following: (23) ‘waste’ means any substance or object which the holder discards or intends or is required to discard, waste as defined in Article 3(1) of Directive 2008/98/EC and subject to independent verification and certification of compliance with Article 4 of Directive 2008/98/EC or comparable programme on waste prevention and management. Substances that have been intentionally modified or contaminated in order to meet this definition are not covered by this category;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a a (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 34

(-aa) Point (34) is replaced by the following: ‘advanced biofuels’ means biofuels that are produced from waste and residues feedstocks listed in Part A of Annex IX that do not have significant displacement effects based on a regional displacement analysis;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 40

(aa) point (40) is replaced by the following: (40) ‘food and feed crops’ means starch- rich crops, sugar crops or oil crops produced on agricultural land and other crops grown primarily for energy purposes, excluding residues and waste;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c a (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 27 a (new)

(ca) the following point (27 a) is added: (27a) ‘Woody biomass’ means biomass which is, or is derived from, wood, and includes both primary and secondary woody biomass;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c b (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 27 b (new)

(cb) the following point (27 b) is added (27b) ‘Secondary woody biomass‘ means all wood waste that cannot be used for anything else than the production of energy, according to article 4 of Directive 2008/98/EC, or does not provide significant ecosystem services;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c c (new)

Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 37

(cc) point (37) is deleted

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001
Article 3 – paragraph 3

3. Member States shall take measures to ensure that energy from biomass is produced in a way that ~~minimise~~prevents undue distortive effects on the biomass raw material market and harmful impacts on biodiversity. To that end, they shall take into ~~accou~~implement the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001
Article 3 – paragraph 3 – point a – point -i a (new)

(-i) the use of woody biomass to produce electricity

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

(i) the use of ~~saw logs, veneer logs, stumps and root~~primary woody biomass to produce energy.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001
Article 3 – paragraph 3 – point b

(b) From 31 December 2026, and without prejudice to the obligations in the first sub-paragraph, Member States shall grant no support to the production of electricity from forest biomass in electricity-only-installations, unless such electricity meets at least one of the following conditions: (i) in a territorial just transition plan approved by the European Commission, in accordance with Regulation (EU) 2021/… of the European Parliament and the Council establishing the Just Transition Fund due to its reliance on solid fossil fuels, and meets the relevant requirements set in Article 29(11); (ii) it is produced applying Biomass CO2 Capture and Storage and meets the requirements set in Article 29(11), second subparagraph.deleted it is produced in a region identified

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 3

No later than one year after [the entry into force of this amending Directive], the Commission shall adopt a delegated act in accordance with Article 35 on how to apply the cascading principle for biomass, in ~~particular~~cluding on how to ~~minimise~~prevent the use of quality ~~roundwood~~primary woody biomass for energy production, with a focus on support schemes ~~and with due regard to national specificities~~.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b

Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 4

By 2026 the Commission shall present a report on the impact of the Member States’ support schemes for biomass, including on biodiversity and possible market distortions, and will assess the possibility for further limitations regarding support schemes to ~~forest~~woody biomass.;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b a (new)

Directive (EU) 2018/2001
Article 3 – paragraph 3a

(ba) Paragraph 3a (new) is inserted: (3a) Member States shall ensure that their national policies, including the obligations deriving from Articles 25 to 28 of this Directive, and their support schemes, are designed with due regard to the principles of the circular economy and consistent with the Circular Economy Action Plan.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 2 a (new)

Directive (EU) 2018/2001
Article 4 – paragraph 4 (new)

(2a) Article 4, paragraph 4 is amended as follow: 4a. Member States shall ensure that support for electricity from renewable sources is granted in an open, transparent, competitive, non- discriminatory and cost-effective manner, also ensuring adequate support for rural areas and remote regions.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 5 a (new)

Directive (EU) 2018/2001
Article 15 – point - a (new)

(5a) The following article is inserted: Art.15 (-a new) Integrated multilevel planning and mapping of renewable energy resources 1. In the view of achieving the targets set out by this Directive in the most cost and energy efficient way possible, Member States shall perform integrated multilevel mapping and spatial planning for renewable energy resources deployment, in order to fully exploit the domestic potential and optimise the use of local renewable energy sources and the potentially available space, while respecting and implementing the energy efficiency first principle. 2. Each Member State shall put in place a process ensuring coordination among all the relevant national, regional and local authorities in the upstream planning of the short-, medium- and long-term renewable energy deployment scenarios complementing framework of article 11 of the Governance Regulation (EU) 2018/1999. 3. In order to ensure a bottom-up approach, Member States shall require regional and local authorities to conduct integrated local renewable energy mapping and planning at least in municipalities, respectively regions, having a total population higher than 10.000 and encourage smaller municipalities to do the same on a voluntary bases. The plans shall be made public and submitted within the scope of the coordination process set out in paragraph 2. Those plans should at least: (a) include an assessment mapping out all the options to develop local sustainable renewable energy supply chains as well as identifying the renewable energy supply and optimization options which are the most conducive in application of the energy efficiency first principle and local energy system integration perspective and that contribute to long-term socio- economic development. (b) include an assessment which identifies areas available to deploy renewable energy projects respecting EU environmental legislation, such as roofs, land available for multiple uses including urban areas, agricultural land and water bodies, infrastructure constraints and protected under EU, national or local rules and legislation; (c) be based on the information and data provided in the comprehensive assessments to prepare local heating and cooling plans carried out pursuant to Article 23.6 EED [xxx]; (d) be prepared with the involvement of all relevant regional or local stakeholders and ensure participation of the general public; (e) consider the common needs of local communities and multiple local or regional administrative units or regions; (f) exploit the entire potential of involving citizens actively in the energy system as renewable self-consumers, collective self- consumers or renewable energy communities, as assessed in accordance with Article 21(3) and Article 22(4); (f) provide an assessment of synergistic effects of potential projects in order to avoid carrying out individual and fragmented evaluations in areas where multiple projects could be submitted; (g) include the methodology for monitoring the progress of implementation of policies and measures identified. 4. Each Member State shall ensure that the public is given the opportunity to participate in the preparation of the local and regional renewable energy plans and the assessments laid down in paragraph 3 as well as the resulting policies and measures. For this purpose, Member States shall develop recommendations supporting the regional and local authorities to implement policies and measures related to the development of integrated local renewable energy plans and mapping at regional and local level utilising the potential identified. 5. Member States shall support regional and local authorities to the utmost extent possible by any means including technical, human and financial support, including for the development of renewable energy-related geographic information system (GIS) and other relevant tools, such as solar atlases or heat and cooling maps. 6. In accordance with Article 17 of the Governance Regulation (EU) 2018/1999, each Member State shall cover information on the progress in establishing and implementing this Article as part of its integrated national energy and climate plan.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 7 – introductory part

Directive (EU) 2018/2001
Article 18 – introductory part

(7) in Article 18, paragraphs 1, 3 and 4 are replaced by the following:

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 7

Directive (EU) 2018/2001
Article 18 – paragraph 1 a (new)

(-1a) Member States shall ensure that information on support measures is made available to all relevant actors, such as consumers, including low-income, vulnerable consumers including from rural, remote areas, renewables self- consumers and renewable energy communities, builders, installers, architects, and suppliers of heating, cooling and electricity equipment and systems and suppliers of vehicles compatible with the use of renewable energy and of intelligent transport systems.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 10 a (new)

Directive (EU) 2018/2001
Article 21 – paragraph 2 – point (a) – introductory part

(10a) In Article 21, paragraph 2, point (a), introductory part is replaced by the following: (a) to generate renewable energy, including for their own consumption, store and sell all their excess production of renewable electricity at market price, including through renewables power purchase agreements, electricity suppliers and peer-to-peer trading arrangements, without being subject:

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i

Directive (EU) 2018/2001
Article 26 – paragraph 1 – subparagraph 1

For the calculation of a Member State's gross final consumption of energy from renewable sources referred to in Article 7 and of the greenhouse gas intensity reduction target referred to in Article 25(1), first subparagraph, point (a), the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from ~~food and feed~~ crops, shall be no more than one percentage point higher than the share of such fuels in the final consumption of energy in the road and rail transport sectors in 2020 in that Member State, with a maximum of 7 % of final consumption of energy in the road and rail transport sectors in that Member State. This limit shall be reduced to 0% for crop- based biodiesel by no later than 31 December 2025, and shall be reduced to 0% for all crop-based biofuels by no later than 31 December 2030.;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point a – point i a (new)

Directive (EU) 2018/2001
Article 26 – paragraph 1 – subparagraph 3

(ia) The third subparagraph is deleted;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b

Directive (EU) 2018/2001
Article 26 – paragraph 2

(b) in paragraph 2, first and fifth subparagraphs, ‘the minimum share referred to in the first subparagraph of Article 25(1)’ is replaced by ‘the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a)’; is amended as follows:

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b – point i (new)

Directive (EU) 2018/2001
Article 26 – paragraph 2 – subparagraph 1

i) the first subparagraph is replaced as follows: For the calculation of a Member State’s gross final consumption of energy from renewable sources referred to in Article 7 and the greenhouse gas emission reduction target referred to in Article 25(1), first subparagraph, point (a) the share of high indirect land-use change risk biofuels, bioliquids or biomass fuels produced from food and feed crops for which a significant expansion of the production area into land with high- carbon stock is observed shall not exceed the level of consumption of such fuels in that Member State in 2019.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b – point ii (new)

ii) the second subparagraph is replaced as follows: That limit shall gradually decrease to 0 % by 31 December 2025.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 15 – point b – point iii (new)

Directive (EU) 2018/2001
Article 26 – paragraph 2

iii) A new subparagraph is inserted between the fourth and the fifth: By 31 June 2022, the Commission shall submit to the European Parliament and to the Council an update of the report on the status of worldwide production expansion of the relevant food and feed crops. This update must include the most recent data from the last two years with regards to deforestation, particularly in South America, and must address other high risk commodities in the category of high indirect land use change risk feedstocks (in particular palm and soy and their by- products).

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c

Directive (EU) 2018/2001
Article 27 – paragraph 1a – point d (new)

(ca) (d) (new) the shares of biofuels and biogas for transport produced from grape marcs and wine lees may be considered to be twice its energy content during a 6-years transitional period starting from the entry into force of this Directive.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b a (new)

Directive (EU) 2018/2001
Article 28 – paragraph 6

(ba) Paragraph 6 is replaced by the following: By … [OJ: six months after the date of entry into force of this Directive] and every two years thereafter, the Commission shall review the list of feedstock set out in Parts A and B of Annex IX in accordance with the principles set out in the third subparagraph. The Commission is empowered to adopt delegated acts in accordance with Article 35 to amend the list of feedstock set out in Parts A and B of Annex IX . Feedstock that can be processed only with advanced technologies shall be added to Part A of Annex IX. Feedstock that can be processed into biofuels, or biogas for transport, with mature technologies shall be added to Part B of Annex IX. Such delegated acts shall be based on an analysis of the potential of the raw material as feedstock for the production of biofuels and biogas for transport taking into account all of the following: (a) the principles of the circular economy, of the waste hierarchy and the cascading use principle established in Directive 2008/98/EC; (b) the Union sustainability criteria laid down in Article 29(2) to (7); (c) the need to avoid significant distortive effects on markets for (by-)products, wastes or residues; (d) the potential for delivering substantial greenhouse gas emissions savings compared to fossil fuels based on a life- cycle assessment of emissions including emissions from the land sector and possible displacement effects ; (e) the need to avoid negative impacts on the environment and biodiversity; (f) the need to avoid creating an additional demand for land.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point i a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 1 – point c

(i a) in the fourth subparagraph of para (1), point (c) is replaced by the following : (c) eligibility for financial support, including fiscal incentives, for the consumption of biofuels, bioliquids and biomass fuels.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point iii a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 5

(iii a) (i b) The fifth subparagraph of para (1) is replaced by the following : However, biofuels, bioliquids and biomass fuels produced from waste and residues, other than agricultural, aquaculture, fisheries and forestry residues, are required to fulfil only the greenhouse gas emissions saving criteria laid down in paragraph 10 in order to be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph. *However, their production shall be in line with the resource/waste hierarchy as laid down in Directive 2008/98/EC and shall avoid significant distortive effects on markets for by-products, wastes or residues. In the case of the use of mixed wastes, however, the operators are required to apply mixed waste sorting systems of defined quality aimed at removing fossil materials such as plastics and synthetic textiles to ensure only non- recyclable biogenic waste is used as feedstock.* This subparagraph shall also apply to waste and residues that are first processed into a product before being further processed into biofuels, bioliquids and biomass fuels.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point iii b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 7 – point a (new)

(iii b) in the seventh subparagraph of para (1), the new point (a) reads : (a) In the case of woody biomass fuels, in all installations producing electricity, heating and cooling;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 1a (new)

(a a) A new paragraph (1a) is added after para (1) : "(1 a) The cascading principle, in accordance with the resource-waste hierarchy set out in Article 4 of Directive 2008/98/EC, states that biomass should be used according to its highest environmental added value in the following order of priorities: i) wood-based products; ii) extending their service life; iii) re-use; iv) recycling; v) bioenergy; vi) disposal. Energy from biofuels, bioliquids and biomass fuels shall not be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 if the use of those fuels do not respect the cascading principle as set down in this paragraph."

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 3 – point b

(b a) in paragraph 3, point (a) is replaced with the following : " (a) primary forest, old-growth forests, and all wooded land, namely forest and other wooded land of native species; "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 3 – point b

(b b) in paragraph 3, point (b) is replaced with the following : " (b) highly biodiverse forest and other wooded land which is species-rich and not degraded, or has been identified as being highly biodiverse; "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b c (new)

Directive (EU) 2018/2001
Article 29 – paragraph 3 – point c

(b c) paragraph (3) point (c) is replaced with the following: "(c) areas designated: (i) by law or by the relevant competent authority for nature protection purposes; or (ii) for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature, subject to their recognition in accordance with the first subparagraph of Article 30(4). "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b d (new)

Directive (EU) 2018/2001
Article 29 – paragraph 3 – point d

(b d) in paragraph (3), point (d) reads is replaced with the following: " (d) highly biodiverse grassland, including wooded meadows and pastures that is : (i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and (ii) non-natural, namely grassland that would cease to be grassland in the absence of human intervention and that is species-rich or has been identified as being highly biodiverse. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b e (new)

Directive (EU) 2018/2001
Article 29 – paragraph 4 – introductory part

(b e) Paragraph four, Introductory part is replaced with the following: " 4. Biofuels, bioliquids and biomass fuels produced from agricultural biomass taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph 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. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c

Directive (EU) 2018/2001
Article 29 – paragraph 4 – subparagraph 2 a

The first subparagraph~~, with the exception of points (b) and (c),~~ and the second subparagraph also apply to biofuels, bioliquids and biomass fuels produced from forest biomass.;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 4 – last subparagraph

(c a) The last subparagraph of paragraph 4 is deleted.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 4 – point c

(c b) article 29 paragraph 4, point (c) reads : " (c) land with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c c (new)

Directive (EU) 2018/2001
Article 29 – paragraph 4 – point b

(c c) Article 29 paragraph 4, point (b) reads : " (b) continuously forested areas, namely land with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ; "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d

Directive (EU) 2018/2001
Article 29 – paragraph 5

5. Biofuels, bioliquids and biomass fuels produced from agricultural or forest biomass taken into account for the purposes referred to in paragraph 1, first subparagraph, points (a), (b) and (c), shall not be made from raw material obtained from land that was peatland in January 2008~~, unless evidence is provided that the cultivation and harvesting of that raw material does not involve drainage of previously undrained soil~~.;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e

Directive (EU) 2018/2001
Article 29 – paragraph 6 – point a – point iv

(iv) that harvesting is carried out following ecosystem-based and close-to- nature principles that include considering maintenance of soil quality and biodiversity with the aim of minimising negative impacts, in a way that avoids harvesting of stumps and roots, degradation of primary forests or their conversion into plantation forests, and harvesting on vulnerable soils; delays harvesting to allow associated biodiversity to survive longer; minimises large clear- cuts and ensures enough deadwood to sustain biodiversity according to locally appropriate thresholds ~~for deadwood extraction~~ and requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 6 – point a a (new)

(e a) In Article 29, paragraph (6), a new point (a a) is inserted after point (a) : " ( a a ) woody biomass from local sources is prioritised; "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 6 – point b

(e b) Article 29, paragraph (6), point (b), subpoints (i-v) is deleted

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 7 – point b

(f a) In Article 29, Paragraph 7, point (b) is deleted

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 7 a (new)

(f b) In article 29, a new paragraph (7a) is added after paragraph 7 : "(7a.) Agricultural raw materials cultivated and harvested in the Union for the production of biofuels, bioliquids and biomass fuels taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall be obtained in accordance with the requirements and standards in Article 94 of Regulation (EU) No 1306/2013 of the European Parliament and of the Council of 17 December 2013 on the financing, management and monitoring of the common agricultural policy, including those in Annex II under the heading ‘Environment, climate change, good agricultural condition of land’."

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f c (new)

Directive (EU) 2018/2001
Article 29 – paragraph 7 b (new)

(f c) In article 27, a new paragraph (7b) is added after paragraph (7) : " (7b ) Where biofuels, bioliquids and biomass fuels produced from agricultural residues are to be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1, those residues shall comply with the conditions in this paragraph and in Annex IXa, regardless whether produced within or outside the Union. Economic operators supplying biofuels, bioliquids and biomass fuels produced from agricultural residues before [date of entry into force] are not required to meet the conditions in Annex IXa until 1 January 2024. By 31 December 2023, the Commission shall assess whether the criteria set out in Annex IXa are effective in minimising the risk of negative impacts on soil quality and soil carbon from using agricultural residues for biofuels, bioliquids and biomass fuels on the basis of available data. This assessment shall be accompanied, where appropriate, by proposals to modify the requirements set out in Annex IXa.The Commission is empowered to adopt delegated acts in accordance with Article 32 to establish binding guidelines for demonstrating compliance with the conditions in Annex IXa.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f d (new)

Directive (EU) 2018/2001
Article 29 – paragraph 7 d (new)

(f d) In article 29, a new paragraph (7d) is added after paragraph 7 : " (7d) Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non-Biologicial Origin taken into account for the purposes referred to in points (a), (b) and (c) of the first sub- paragraph of paragraph 1 shall meet the following requirements: (a) raw material is obtained from lands or forests for which third parties’ rights concerning use and tenure of the land or forest are respected by obtaining free, prior and informed consent of these third parties, with the participation by representative institutions and organisations; (b) human and labour rights of third parties are respected; and (c) the availability of food and feed for third parties is not at risk. For the purposes of this paragraph, “third parties” refers to local and indigenous communities or any other persons involved in the production or harvesting of raw materials or affected by the operations to produce or extract raw material."

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f e (new)

Directive (EU) 2018/2001
Article 29 – paragraph 10 – point a

(f e) In article 29 paragraph 10, point (a) is replaced by the following : "(a) at least 70 % for biofuels, biogas consumed in the transport sector, and bioliquids."

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f f (new)

Directive (EU) 2018/2001
Article 29 – paragraph 10 – point b

(f f) In article 29 paragraph 10, point (b) is deleted.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f g (new)

Directive (EU) 2018/2001
Article 29 – paragraph 10 – point c

(f g) In article 29 paragraph 10, point (c) is deleted.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g

Directive (EU) 2018/2001
Article 29 – paragraph 10 – point d

(d) at least 7085 % for electricity, heating and cooling production from biomass fuels used in installations ~~until 31 December 2025, and at least 80 %~~starting operation from 1 January 2009 until 31 December 2025, and 90 % for installations starting operation from 1 January 2026.;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 a (new)

Directive (EU) 2018/2001
Article 29 – paragraph 11

(18 a) In article 29, paragraph 11 is replaced by : "(11) Electricity from biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 only if the feedstocks do not include woody biomass and it is produced in installations applying high-efficiency cogeneration technology and, achieving an net- electrical efficiency of at least 70%. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 b (new)

Directive (EU) 2018/2001
Article 29 – paragraph 12

(18 b) In article 29, paragraph 12 is replaced by : " 12. For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 of this Article, and without prejudice to Articles 25 and 26, Member States may refuse to take into account, on other sustainability grounds, biofuels and bioliquids obtained in compliance with this Article. This paragraph shall be without prejudice to public support granted under support schemes approved before 24 December 2018. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 18 c (new)

Directive (EU) 2018/2001
Article 29 – paragraph 14

(18 c) In article 29, paragraph 14 is replaced by : " 14. For the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1, Member States may establish additional sustainability criteria for biofuels, bioliquids and biomass fuels. "

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point c – introductory part

Directive (EU) 2018/2001
Article 30 – paragraph 4

(c) ~~in p~~Paragraph 4~~, the first subparagraph~~ is replaced by the following:

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 20 – point c

Directive (EU) 2018/2001
Article 30 – paragraph 4

The Commission may decide that those schemes contain accurate information on measures taken for soil, water and air protection, for the restoration of degraded land and for the avoidance of excessive water consumption in areas where water is scarce.

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 21

Directive (EU) 2018/2001
Article 31

(21) in Article 31~~, paragraphs 2, 3 and 4 are deleted~~ is amended as follows:

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point a (new)

Directive (EU) 2018/2001
Article 31 – paragraph 1 – point a

a) in paragraph 1, point (a) is replaced by the following: (a) where a default value for greenhouse gas emissions 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 is equal to or less than zero and estimated indirect land- use change emissions are zero in accordance with part B of Annex VIII, and where the el 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;

2022/02/02
Committee: AGRI

Proposal for a directive
Article 1 – paragraph 1 – point 21 – point b (new)

Directive (EU) 2018/2001
Article 31

b) Paragraphs 2, 3 and 4 are deleted:

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 5 – point –a (new) – introductory part

Directive (EU) 2018/2001
Annex V – Part C – point 1 – point - a (new)

(-a)(new) Point 1, item (a) is replaced by the following: (a) greenhouse gas emissions from the production and use of biofuels shall be calculated as: ec l p td u sca ccs ccr E=e +e +e +e +e +e –e –e –e , ec l iluc p td u sca ccs ccr Where [table] Emissions from the manufacture of machinery and equipment shall not be taken into account.

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 5 – point –a (new) – introductory part

Directive (EU) 2018/2001
Annex V – Part C – point 1 – point a – table

E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el = annualised emissions from carbon stock changes caused by land-use change; eil = annualised emissions from carbon stock changes caused by indirect land- uc use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission savings from soil carbon accumulation via improved agricultural management; eccs = emission savings from CO capture and geological storage; and 2 eccr = emission savings from CO capture and replacement. 2

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 1 – point 5 – point c a (new)

Directive (EU) 2018/2001
Annex V – part C – point 19 (new)

c a) in Annex V, part C, the two following paragraphs are added: 19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII. 19b. Emissions from extraction or cultivation (eec), direct land-use change (el) and indirect land-use change (eiluc), shall be apportioned to co-products on the basis of their energy content. Emissions apportioned to co-products shall be additional to the emissions apportioned to the principal product.

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 1 – point 8 – point a – introductory partDirective (EU) 2018/2001

Annex IX – part A

(a) in Part A~~, the introductory phrase is replaced by the~~ is amended as follow~~ing~~s:

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 1 – point 8 – point a

Directive (EU) 2018/2001
Annex IX – part A – introductory part

a) the introductory phrase is replaced by the following: ’Feedstocks for the production of biogas for transport and advanced biofuels:’

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 1 – point 8 – point a

Directive (EU) 2018/2001
Annex IX – part A

b) Points g, h, i, j, o, p and q are deleted;

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 1 – point 8 a (new)

Directive (EU) 2018/2001
Annex IX a (new)

(8 a) A new Annex IXa is added: Annex IX a (new) Conditions for Cultivation and Harvest of Agricultural Residues The following conditions shall apply to the cultivation and harvest of agricultural residues for the purposes of biofuel, bioliquid and biomass fuel production referred to in Article 26(6b): a) Agricultural residues shall be cultivated and harvested in accordance with the following requirements from the Good Agricultural and Environmental Conditions (GAEC) as defined in Annex II of Council Regulation (EC) No 1306/2013: i. Minimum soil cover; ii. Minimum land management reflecting site specific conditions to limit erosion; and iii. Maintenance of soil organic matter level through appropriate practices including ban on burning arable stubble, except for plant health reasons. b) Economic operators shall develop and implement residue management plans indicating agricultural management practices, including tillage practices and other practices to limit erosion, and the determination of sustainable agricultural residue removal rates. Sustainable agricultural residue removal rates shall be determined at the holding level based on local conditions in consideration of the following factors to minimize soil carbon loss: i. The rate of crop residue generation; ii. Slope; iii. Soil erodibility, including soil texture and depth to impervious layers; and iv. Local climate, including precipitation amount, intensity, and seasonal distribution. c) Annual monitoring to ensure that the residue management plan has been implemented as planned. d) The residue management plan in paragraph (b) shall be reported by the operator to the competent authority in the Member State by the end of the calendar year during which its implementation begins. Member States shall report residue management plans to the Commission within 3 months of receipt. Residue management plans for projects outside the EU shall be reported directly to the Commission. The Commission should approve or request improvements within 6 months of receiving the residue management plan. The Commission may allow the competent authority in countries outside the Union to review and approve residue management plans if those authorities demonstrate review and approval processes that meet the conditions in this Annex and in Article 26(6b). e) Soil carbon analysis shall be performed at minimum every three years i. If the soil carbon analyses indicate a significant loss of soil carbon levels over three or more years, a re-evaluation of the residue management plan and its implementation shall be conducted. ii. The results shall be reported to the Commission by the end of the calendar year during which the measurements are taken. f) The Commission shall, in consultation with Member States, synthesise the information collected in paragraphs d and e of this Annex in a report to be published by 31 December 2023 and every 3 years thereafter, if sufficient data and aggregation methods are available to avoid publishing sensitive information pertaining to economic operators. Economic operators may report on their adherence to the requirements listed in paragraph b if they can be demonstrated through compliance with the requirements in Article 27(1e).

2022/02/02
Committee: AGRI

Proposal for a directive
Annex I – paragraph 7 a (new)

Directive (EU) 2018/2001
Annex VIII – Part A – table

PART A. PROVISIONAL ESTIMATED INDIRECT LAND-USE CHANGE EMISSIONS FROM BIOFUEL, BIOLIQUID AND BIOMASS FUEL FEEDSTOCK (g CO2eq/MJ)[81] Feedstock group Value Deleted [82] Cereals and other starch-rich 29 Deleted crops Sugars 11 Deleted Oil crops 101 Deleted

2022/02/02
Committee: AGRI