65 Amendments of Günther SIDL related to 2021/0218(COD)
Amendment 57 #
Proposal for a directive
Recital 3
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 405% 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. _________________ 9Directive (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 10Point 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
Amendment 63 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) At COP26, the Commission together with global leaders elevated the global ambition level for the preservation and recovery of global forests, and for an accelerated transition to zero emissions transportation.
Amendment 68 #
Proposal for a directive
Recital 4
Recital 4
(4) There is a growing recognition of the need for alignment of bioenergy policies with the cascading principle ofin particular with respect to forest and agricultural biomass use11 , with a view to ensuring fair access to the biomass raw material market for the development of innovative, high value-added bio-based solutions and a sustainable circular bioeconomy. WThe cascading principle should be applied by putting the use of raw materials, for example wood, into an order of value to create resource effectiveness and promoting using biomass according to its highest economic and environmental added value for maximising the positive climate impact of bioenergy and to minimise harmful impacts on the biodiversity. Policies 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 circumstanceprimary woody biomass. 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. WOnly where no other use for woody biomass is economically viable or environmentally appropriate, energy recovery from secondary woody biomass 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, environment 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 schemes. Waste 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. _________________ 11The 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, in particular as regards the available volumes of feedstock and share of pre-existing competing industrial uses other than energy recovery. Moreover, waste prevention, reuse and recycling of waste should be the priority option. Member States should not create support schemes which would be counter to targets on treatment of waste and which would lead to the inefficient use of recyclable waste.
Amendment 110 #
Proposal for a directive
Recital 22
Recital 22
(22) Renewable fuels of non-biological origin can be used for energy purposes, but also for non-energy purposes as feedstock or raw material in industries such as steel or chemicals, where they often are the only option to decarbonise and where they reduce more greenhouse gases per unit of hydrogen than in transport or heating. The use of renewable fuels of non- biological origin for both purposes exploits their full potential to replace fossil fuels used as feedstock and to reduce greenhouse gas emissions in industry and should therefore be included in a target for the use of renewable fuels of non- biological origin. National measures to support the uptake of renewable fuels of non-biological origin in industry should not result in net pollution increases due to an increased demand for electricity generation that is satisfied by the most polluting fossil fuels, such as coal, diesel, lignite, oil peat and oil shale.
Amendment 121 #
Proposal for a directive
Recital 29
Recital 29
(29) The use of renewable fuels and renewable electricity in transport can contribute to the decarbonisation of the Union transport sector in a cost-effective manner, and improve, amongst other, energy diversification in that sector while promoting innovation, growth and jobs in the Union economy and reducing reliance on energy imports. With a view to achieving the increased target for greenhouse gas emission savings defined by the Union, the level of renewable energy supplied to all transport modes in the Union should be increased. Expressing the transport target as a greenhouse gas intensity reduction target would stimulate an increasing use of the most cost-effective and performing fuels, in terms of greenhouse gas savings, in transport. In addition, a greenhouse gas intensity reduction target would stimulate innovation and set out a clear benchmark to compare across fuel types and renewable electricity depending on their greenhouse gas intensity. Complementary to this, increasing the level of the energy-based target on advanced biofuels and biogas and introducing a target for renewable fuels of non-biological origin would ensure an increased use of the renewable fuels with smallest environmental impact in transport modes that are difficult to electrify. The achievement of those targets should be ensured by obligations on fuel suppliers as well as by other measures included in [Regulation (EU) 2021/XXX on the use of renewable and low-carbon fuels in maritime transport - FuelEU Maritime and Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport], and complemented by additional incentives set by this Directive. Dedicated obligations on aviation fuel suppliers should be set only pursuant to [Regulation (EU) 2021/XXX on ensuring a level playing field for sustainable air transport].
Amendment 124 #
Proposal for a directive
Recital 30
Recital 30
(30) Electromobility will play an essential role in decarbonising the transport sector. To foster the further development of electromobility, Member States should establish a credit mechanism enabling operators of charging points accessible to the public, as well as private charging points to contribute, by supplying renewable electricity, towards the fulfilment of the obligation set up by Member States on fuel suppliers. While supporting electricity in transport through such a mechanism, it is important that Member States continue setting a high level of ambition for the decarbonisation of their liquid fuel mix in transportmaritime transport and aviation.
Amendment 128 #
Proposal for a directive
Recital 31
Recital 31
(31) The Union’s renewable energy policy aims to contribute to achieving the climate change mitigation objectives of the European Union in terms of the reduction of greenhouse gas emissions. In the pursuit of this goal, it is essential to also contribute to wider environmental objectives, and in particular the prevention of biodiversity loss, which is negatively impacted by the indirect land use change associated to the production of certain biofuels, bioliquids and biomass fuels. Contributing to these climate and environmental objectives constitutes a deep and longstanding intergenerational concern for Union citizens and the Union legislator. As a consequence, the changes in the way the transport target is calculated should not affect the limits established on how to account toward that target certain fuels produced from food and feed crops on the one hand and high indirect land-use change-risk fuels on the other handThe European Union should reduce first generation biofuels, bioliquids and biomass fuels produced from crops by 2030. Since first being promoted in 2003, an abundance of scientific evidence has demonstrated that first generation biofuels, bioliquids and biomass fuels offer few if any carbon savings and are not appropriate for use in the energy sector. The European Union should instead promote fuels in quantities which balance the necessary ambition with the need to avoid contributing to direct and indirect land-use changes. Therefore it is necessary to put an end to the use of high indirect land-use change-risk fuels, such as palm oil and soy and lower the maximum share of fuels produced from crops. In addition, in order not to create an incentive to use biofuels and biogas produced from food and feed crops in transport, Member States should continue to be able to choose whether count them or not towards the transport target. If they do not count them, they may reduce the greenhouse gas intensity reduction target accordingly, assuming that food and feed crop-based biofuels save 50% greenhouse gas emissions, which corresponds to the typical values set out in an annex to this Directive for the greenhouse gas emission savings of the most relevant production pathways of food and feed crop-based biofuels as well as the minimum savings threshold applying to most installations producing such biofuels.
Amendment 132 #
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) The current criteria for low ILUC biofuels stipulate that feedstock from which the biofuels, bioliquids and biomass fuels were produced should avoid displacement of food and feed crops through improved agricultural practices or through cultivation of areas not previously used for crop production. As the latest scientific evidence show, these criteria do not necessarily reduce displacement and ILUC impacts of biofuel feedstock and a simple interpretation of the low ILUC criteria in the RED II could allow a doubling of the amount of palm oil used in EU biofuels compared to current consumption levels without reducing ILUC impacts. Estimates show that large quantities of palm oil will be produced in the next years on low carbon stock land in that was not previously used for agriculture to meet baseline demand for food, feed, and oleochemicals. This amount could qualify as low ILUC based on the RED II definition, but diverting it from other uses will still indirectly cause further palm expansion onto high carbon stock land. It is therefore appropriate to put an end to the exemption granted for low indirect land-use change-risk biofuels, bioliquids and biomass fuels;
Amendment 133 #
Proposal for a directive
Recital 31 b (new)
Recital 31 b (new)
(31b) Over the past 15 years, biofuel policy in Europe has created an additional source of soy oil demand, with significant volumes of material imported either in raw form or processed into biodiesel. Through this biofuel demand, as well as through imports of soy meal as livestock feed, the EU has contributed to an export business that, in South America in particular, has long been identified as a major driver of deforestation. While palm oil has been clearly labelled as high ILUC-risk and soy oil was identified as the biofuel feedstock second most strongly associated with conversion of high carbon stock areas, the initial EU assessment found that it was below the threshold for action. Now that the use of palm oil biodiesel in Europe is expected to decline due to the latest policy measures, there is a risk that the gap left by the phase-out of palm oil biodiesel in the EU biofuels market will be filled up with soy. An analysis of recent data suggests that there may be a higher expansion of soy into high carbon-stock areas compared to what was previously estimated, meaning soy oil would meet the EU threshold to be considered a high-ILUC risk feedstock. In the context of the EU Green Deal, the commitments to become carbon neutral, reduce deforestation and protect and restore global biodiversity, the use of soy oil for biodiesel production should be phased out as soon as possible in line with the policy approach on palm oil.
Amendment 134 #
Proposal for a directive
Recital 31 c (new)
Recital 31 c (new)
(31c) Current rules and regulations lead to a non-transparent certification process of the sustainability of Used Cooking Oil (UCO). Together with the difficulty to detect adulteration of UCO with virgin oil, risks of fraud exist. Moreover, the lack of traceability of the origin of UCO and the risks of fraud create risks of displacement effects - if virgin oil is mixed with UCO and more UCO is produced artificially, it leads to increased virgin oil production, which may cause adverse environmental impacts such as indirect land use change. Weaknesses in the certification process are also applicable to other biofuel feedstocks, but due to the higher economic value of UCO fraud risks are more linked to UCO than to other feedstocks. Therefore measures to improve the monitoring and verification of the sustainability of UCO, strengthened certification process, as well as a system for detecting adulterated UCO, are urgently needed in order to maintain UCO on the list of eligible feedstocks in Annex IX.
Amendment 135 #
Proposal for a directive
Recital 31 d (new)
Recital 31 d (new)
(31d) The current Directive promotes certain types of advanced biofuels produced from a list of materials defined in its Annex IX. This list is the basis for Member States to define the different levels of support to different types of biofuels under their national framework. Whereas the list was intended to include only sustainable waste and residues for biofuels production, it actually includes some unsustainable feedstocks as certain feedstocks have significant displacement or land use change emissions. Applying the waste hierarchy and cascading use principles to the feedstocks listed would also ensure that the competing uses of the raw materials are considered, to avoid diverting a raw material, be it a product, by-product, waste or residue, from a higher value use. The existing Annex IX list includes raw materials that without any doubt have a higher value potential use within the waste hierarchy. It is therefore appropriate to remove certain problematic feedstocks from the Annex IX list;
Amendment 137 #
Proposal for a directive
Recital 32
Recital 32
(32) Expressing the transport target as a greenhouse gas intensity reduction target makes it unnecessary to use multipliers to promote certain renewable energy sources. This is because different renewable energy sources save different amounts of greenhouse gas emissions and, therefore, contribute differently to a target. Renewable electricity should be considered to have zero emissions, meaning it saves 100% emissions compared to electricity produced from fossil fuels. This will create an incentive for the use of renewable electricity since renewable fuels and recycled carbon fuels are unlikely to achieve such a high percentage of savings. Electrification relying on renewable energy sources would therefore become the most efficient way to decarbonise road transport. In addition, in order to promote the use of advanced biofuels and biogas and renewable fuels of non-biological origin in the aviation and maritime modes, which are difficult to electrify, it is appropriate to keepincrease the multiplier for those fuels supplied in those modes when counted towards the specific targets set for those fuels.
Amendment 138 #
Proposal for a directive
Recital 33
Recital 33
(33) Direct electrification of end-use sectors, including the transport sector, contributes to the efficiency and facilitates the transition to an energy system based on renewable energy. It is therefore in itself an effective means to reduce greenhouse gas emissions. However, the current provisions allow crediting of renewable electricity beyond the grid average only where electricity is obtained from a direct connection to an installation generating renewable electricity, which is not always practically feasible or even desirable from a grid management perspective. The creation of a framework on additionality applying specifically to renewable electricity supplied to electric vehicles in the transport is therefore not required. ecessary.
Amendment 147 #
Proposal for a directive
Recital 35
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 52 MW.
Amendment 155 #
Proposal for a directive
Recital 36
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 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, semi-natural forests, highly biodiverse forests, grasslands and p,peat lands and heat hlands, 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.
Amendment 156 #
Proposal for a directive
Recital 36 a (new)
Recital 36 a (new)
(36a) Special attention should be given towards forest science to address open questions and provide data, as they are key for understanding better the role of our trees for climate, environment, economy and society
Amendment 172 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)
Article 1 – paragraph 1 – point 1 – point -a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 23
Article 2 – paragraph 2 – point 23
Amendment 175 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point - a (new)
Article 1 – paragraph 1 – point 1 – point - a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 24
Article 2 – paragraph 2 – point 24
Amendment 183 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point - a (new)
Article 1 – paragraph 1 – point 1 – point - a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 34
Article 2 – paragraph 2 – point 34
(-a) point 34 is replaced by the following: “(34) ‘advanced biofuels’ means biofuels that are produced from thwaste and residue feedstock listed in Part A of Annex IX;” that do not have significant displacement effects based on a regional displacement analysis;" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 185 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point -a (new)
Article 1 – paragraph 1 – point 1 – point -a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 35
Article 2 – paragraph 2 – point 35
(-a) point 35 is replaced by the following: “(35) ‘recycled carbon fuels’ means liquid and gaseous fuels that are produced from liquid or solid waste streams of non- renewable origin which are not suitable for material recovery in accordance with Article 4 of Directive 2008/98/EC, or from waste processing gas and exhaust gas of non-renewable origin which are produced as an unavoidable and unintentional consequence of the production process in industrial installations;” and direct air captured carbon;” Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 191 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 37
Article 2 – paragraph 2 – point 37
(aa) point 37 is deleted
Amendment 193 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point a a (new)
Article 1 – paragraph 1 – point 1 – point a a (new)
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 40
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 as a main crop excluding residues, waste or ligno-cellulosic material and intermediate crops, such as catch crops and cover crops, provided that the use of such intermediate crops does not trigger demand for additional land; nd other crops grown primarily for energy purposes excluding residues and waste;" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 200 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 1a
Article 2 – paragraph 2 – point 1a
(1a) ‘quality roundwoodprimary woody biomass’ means roundall wood felled or otherwise harvested and removed, whose characteristics, such as species, dimensions, rectitude, and node density, make it suitable for industrial use, as defined and duly justified by Member States according to the relevant forest conditions. This does not include pre-commercial thinning operations or trees extracted from forests affected by fires, pests, diseases or damage due to abiotic factors from forests and other tree areas;
Amendment 224 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 26 a (new)
Article 2 – paragraph 2 – point 26 a (new)
“(26a) ‘secondary woody biomass’ means woody biomass resulting from a previous processing in at least one industry, e.g. black liquor, sawdust and postconsumer wood; it excludes primary woody biomass, including when it is processed into chips, briquettes or pellets;”
Amendment 233 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 36 a (new)
Article 2 – paragraph 2 – point 36 a (new)
“(36a) 'direct air carbon capture' means the process by which carbon is captured from the ambient air for the production of renewable fuels of non-biological origin;”
Amendment 240 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 – point c
Article 1 – paragraph 1 – point 1 – point c
Directive (EU) 2018/2001
Article 2 – paragraph 2 – point 44 c (new)
Article 2 – paragraph 2 – point 44 c (new)
“(44c) ‘semi-natural forest’ means a forest or other wooded land that is neither primary forest nor plantation forest and is composed predominantly of native trees and shrub species which have not been planted;”
Amendment 254 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point a
Article 1 – paragraph 1 – point 2 – point a
Directive (EU) 2018/2001
Article 3 – paragraph 1
Article 3 – paragraph 1
“1. Member States shall collectively ensure that the share of energy from renewable sources in the Union’s gross final consumption of energy in 2030 is at least 405%.;”
Amendment 270 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Member States shall take measures to ensure that energy from biomass is produced in a way that minimises undue distortive effects on the biomass raw material market and harmful impacts on biodiversity and the environment. To that end , they shall take into accountapply the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in the third subparagraph.
Amendment 292 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point a – point i
Article 3 – paragraph 3 – subparagraph 2 – point a – point i
(i) the use of saw logs, veneer logs, stumps and rootprimary woody biomass to produce energy.
Amendment 305 #
Proposal for a directive
Article 1 – paragraph 1 – point 2 – point b
Article 1 – paragraph 1 – point 2 – point b
Directive (EU) 2018/2001
Article 3 – paragraph 3 – subparagraph 2 – point b
Article 3 – paragraph 3 – subparagraph 2 – point b
Amendment 621 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point b
Article 1 – paragraph 1 – point 16 – point b
Directive (EU) 2018/2001
Article 27 – paragraph 1 – subparagraph 1 – point c – point iii
Article 27 – paragraph 1 – subparagraph 1 – point c – point iii
(iii) the amount of renewable electricity supplied to the transport sector is determined by multiplying the amount of electricity supplied to that sector by the average share of renewable electricity supplied in the territory of the Member State in the two previous years. By way of exception, where electricity is obtained from a direct connection to an installation generating renewable electricity and supplied to the transport sector, that electricity shall be fully counted as renewable; By 31 December 2023, the Commission shall adopt a delegated act in accordance with Article 35 on additionality for renewable electricity supplied to the transport sector, to enable the use of up to 100% of renewable electricity, i.e. beyond the average share of renewable electricity supplied in the territory of the Member State in the two previous years;
Amendment 630 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point c
Article 1 – paragraph 1 – point 16 – point c
Directive (EU) 2018/2001
Article 27 – paragraph 1a – point c
Article 27 – paragraph 1a – point c
(c) the shares of advanced biofuels and biogas produced from the feedstock listed in Part A of Annex IX and of renewable fuels of non-biological origin supplied in the aviation and maritime modes, including for voyages to or from third countries, shall be considered to be 1,2 times their energy content.’;
Amendment 636 #
Proposal for a directive
Article 1 – paragraph 1 – point 16 – point e – point ii
Article 1 – paragraph 1 – point 16 – point e – point ii
Directive (EU) 2018/2001
Article 27 – paragraph 3 – subparagraph 4
Article 27 – paragraph 3 – subparagraph 4
Where electricity is used for the production of renewable fuels of non-biological origin, either directly or for the production of intermediate products, the average share of electricity from renewable sources in the country of production, as measured two years before the year in question, in the relevant hour as made available by transmission system operators in accordance with Article 20a(1) shall be used to determine the share of renewable energy.;
Amendment 643 #
Proposal for a directive
Article 1 – paragraph 1 – point 17 – point b a (new)
Article 1 – paragraph 1 – point 17 – point b a (new)
Directive (EU) 2018/2001
Article 28 – paragraph 6
Article 28 – paragraph 6
(ba) paragraph 6 is replaced by the following: "By 25 June 2019 and every two years thereafter, the Commission shall review the list of feedstock set out in Parts A and B of Annex IX with a view to adding and removing feedstock 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 by adding, but not or removing, feedstock. Feedstock that can be processed only with advanced technologies shall be added to Part A of Annex IX. Feedstock that canbe 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 and of the waste hierarchy established in Directive 2008/98/EC, as well as the cascading use principle referred to in Articles 3 and 29 ; (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, taking into account available volumes of feedstock and share of pre-existing competing industrial uses other than energy recovery with due regard to national specificities; (e) the need to avoid negative impacts on the environment and biodiversity; (f) the need to avoid creating an additional demand for land. " Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 652 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point i a (new)
Article 1 – paragraph 1 – point 18 – point a – point i a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
(ia) – in paragraph 1, the first subparagraph is replaced by the following: "Energy from biofuels, bioliquids and biomass fuels shall be taken into account for the purposes referred to in points (a), (b) and (c) of this subparagraph only if they fulfil the sustainability and the greenhouse gas emissions saving criteria laid down in paragraphs 2 to 7 and 10: , and if they fully respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3" ; Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 655 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point i b (new)
Article 1 – paragraph 1 – point 18 – point a – point i b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 2
Article 29 – paragraph 1 – subparagraph 2
(ib) subparagraph 2 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. 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. 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. Energy from solid biomass fuels shall not be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph if it is produced from primary woody biomass."; Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 672 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a – point ii - point a
Article 1 – paragraph 1 – point 18 – point a – point ii - point a
Directive (EU) 2018/2001
Article 29 – paragraph 1 – subparagraph 4 – point a
Article 29 – paragraph 1 – subparagraph 4 – point a
— (a) in the case of solid biomass fuels, in installations producing electricity, heating and cooling with a total rated thermal input equal to or exceeding 52 MW,
Amendment 681 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a a (new)
Article 1 – paragraph 1 – point 18 – point a a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 2
Article 29 – paragraph 2
(aa) paragraph 2 is replaced by the following: "Biofuels, bioliquids and biomass fuels produced from waste and residues derived not from forestry but from agricultural land shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 only where operators or national authorities have monitoring or management plans in place in order to address the impacts on soil quality and soil carbon, and where the land has not been converted from forests. Information about how those impacts are monitored and managed shall be reported pursuant to Article 30(3). " Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 693 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point a b (new)
Article 1 – paragraph 1 – point 18 – point a b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 3 – subparagraph 1
Article 29 – paragraph 3 – subparagraph 1
"Biofuels, bioliquids and biomass fuels produced from agricultural and forest 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 a high biodiversity value, namely land that had one of the following statuses in or after January 2008, whether or not the land continues to have that status: (a) primary forest and other wooded land, namely forest and other wooded land of native species including semi-natural forests, where there is no clearly visible indication of human activity and the ecological processes are not significantly disturbed; (b) highly biodiverse forest and other wooded land which is species-rich and not degraded, or has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; (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), unless evidence is provided that the production of that raw material did not interfere with those nature protection purposes; (d) highly biodiverse grassland spanning more than one hectare that is: (i) natural, namely grassland that would remain grassland in the absence of human intervention and that maintains the natural species composition and ecological characteristics and processes; or (ii) non-natural, namely grassland that would cease to be grassland in the absence of human interventionand that is species-rich and not degraded and has been identified as being highly biodiverse by the relevant competent authority, unless evidence is provided that the harvesting of the raw material is n. (iii) heathland that maintains the natural speciessary to preserve its status as highly biodiverse grassland. composition and ecological characteristics and processes" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 703 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point b
Article 1 – paragraph 1 – point 18 – point b
Directive (EU) 2018/2001
Article 29 – paragraph 3 – subparagraph 1 a
Article 29 – paragraph 3 – subparagraph 1 a
This paragraph, with the exception of the first subparagraph, point (c), also applies to biofuels, bioliquids and biomass fuels produced from forestprimary woody biomass.;
Amendment 715 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c
Article 1 – paragraph 1 – point 18 – point c
Directive (EU) 2018/2001
Article 29 – paragraph 4 – subparagraph 2 a
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.;
Amendment 720 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point c a (new)
Article 1 – paragraph 1 – point 18 – point c a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 4 – subparagraph 1 and 2
Article 29 – paragraph 4 – subparagraph 1 and 2
(ca) – in paragraph 4, subparagraph 1 and 2 are replaced by the following "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 and no longer has that status: (a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year; (b) continuously forested areas, namely land spanning more than one hectare with trees higher than five metres and a canopy cover of more than 30 %, or trees able to reach those thresholds in situ; (c) land spanning more than one hectare with trees higher than five metres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is such that, when the methodology laid down in Part C of Annex V is applied, the conditions laid down in paragraph 10 of this Article would be fulfilled. This paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008. (d) heathland that maintains the natural species composition and ecological characteristics and processes" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 726 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d
Article 1 – paragraph 1 – point 18 – point d
Directive (EU) 2018/2001
Article 29 – paragraph 5
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.;.
Amendment 738 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point e b (new)
Article 1 – paragraph 1 – point 18 – point e b (new)
DIRECTIVE (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point a – point iii
Article 29 – paragraph 6 – subparagraph 1 – point a – point iii
Amendment 739 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point d a (new)
Article 1 – paragraph 1 – point 18 – point d a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1
Article 29 – paragraph 6 – subparagraph 1
(da) in in paragraph 6, subparagraph 1, the introductory part is replaced by the following: "Biofuels, bioliquids and biomass fuels produced from forest 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 derived from primary woody biomass, shall fully respect the waste hierarchy as set out in Article 4 of Directive 2008/98/EC and the cascading principle referred to in Article 3, and shall meet the following criteria to minimise the risk of using forest biomass derived from unsustainable production: " Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 755 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f
Article 1 – paragraph 1 – point 18 – point f
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point b – point iv
Article 29 – paragraph 6 – subparagraph 1 – point b – point iv
Amendment 759 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f
Article 1 – paragraph 1 – point 18 – point f
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point b – point iv
Article 29 – paragraph 6 – subparagraph 1 – point b – point iv
(iv) that harvesting is carried out consideensuring maintenance of soil quality and biodiversity with the aim of minimispreventing negative impacts, in a way that avoidprevents harvesting of stumps and roots not suitable for material use, degradation of primary forests or seminatural forests or their conversion into plantation forests, and harvesting on vulnerable soils; minimises large clear-cuts and ensures locally appropriate thresholds for deadwood extraction andprevents clear-cuts, unless they are necessary for the health of the forest, applies deadwood extraction only when it is beneficial for climate and biodiversity, and ensures requirements to use logging systems that minimise impacts on soil quality, including soil compaction, and on biodiversity features and habitats:;
Amendment 767 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f a (new)
Article 1 – paragraph 1 – point 18 – point f a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 7
Article 29 – paragraph 7
Amendment 770 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f b (new)
Article 1 – paragraph 1 – point 18 – point f b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 7 a (new)
Article 29 – paragraph 7 a (new)
(fb) the following paragraph 7a is inserted: “Biofuels, bioliquids and biomass fuels produced from agricultural and forest biomass and Renewable Fuels of Non- Biological 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 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.”;
Amendment 771 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f a (new)
Article 1 – paragraph 1 – point 18 – point f a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 6 – subparagraph 1 – point b
Article 29 – paragraph 6 – subparagraph 1 – point b
(b) when evidence referred to in point (a) of this paragraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of the first subparagraph of paragraph 1 if management systems are in place at forest sourcing area level ensuring: (i) the legality of harvesting operations; (ii) forest regeneration of harvested areas; (iii) that areas designated by international or national law or by the relevant competent authority for nature protection purposes, including in wetlands and peatlands, are protected unless evidence is provided that the harvesting of that raw material does not interfere with those nature protection purposes; fa) paragraph 6, - subparagraph 1, - point (b) is deleted; Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 776 #
Amendment 777 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point f c (new)
Article 1 – paragraph 1 – point 18 – point f c (new)
Directive (EU) 2018/2001
Article 29 – paragraph 9
Article 29 – paragraph 9
(fc) paragraph 9 is replaced by the following: "By 31 December 2026, the Commission shall assess whether the criteria laid down in paragraphs 6 and 7 effectively minimise the risk of using forest biomass derived from unsustainable production and address LULUCF criteria, on the basis of the available data. The Commission shall, if appropriate, submit a legislative proposal to amend the criteria laid down in paragraphs 6 and 7 for the period after 2030. " Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 794 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point – g a (new)
Article 1 – paragraph 1 – point 18 – point – g a (new)
Directive (EU) 2018/2001
Article 29 – paragraph 10 –subparagraph 1 – point a
Article 29 – paragraph 10 –subparagraph 1 – point a
(ga) in paragraph 10, subparagraph 1, point a,is replaced by the following: "(a) at least 570 % for biofuels, biogas consumed in the transport sector, and bioliquids produced in installations in operation on or before 5 October 2015; ;" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 795 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point - g b (new)
Article 1 – paragraph 1 – point 18 – point - g b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 10 – subparagraph 1 – points b and c
Article 29 – paragraph 10 – subparagraph 1 – points b and c
Amendment 800 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g b (new)
Article 1 – paragraph 1 – point 18 – point g b (new)
Directive (EU) 2018/2001
Article 29 – paragraph 11 – subparagraph 1 – introductory part
Article 29 – paragraph 11 – subparagraph 1 – introductory part
(gb) paragraph 11, subparagraph 1 is replaced by the following : "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 fuels in use do not include primary woody biomass and it meets one or more of the following requirements: Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 803 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g c (new)
Article 1 – paragraph 1 – point 18 – point g c (new)
Directive (EU) 2018/2001
Article 29 – paragraph 12
Article 29 – paragraph 12
Amendment 807 #
Proposal for a directive
Article 1 – paragraph 1 – point 18 – point g d (new)
Article 1 – paragraph 1 – point 18 – point g d (new)
Directive (EU) 2018/2001
Article 29 – paragraph 14
Article 29 – paragraph 14
(gd) paragraph 14 is replaced by the following: "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 biomass fuels fuels, bioliquids and biomass fuels" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 815 #
Proposal for a directive
Article 1 – paragraph 1 – point 19
Article 1 – paragraph 1 – point 19
Directive (EU) 2018/2001
Article 29a – paragraph 3
Article 29a – paragraph 3
3. The Commission is empowered to adopt delegated acts in accordance with Article 35 to supplement this Directive by specifying the methodology for assessing greenhouse gas emissions savings from renewable fuels of non-biological origin and from recycled carbon fuels. The methodology for calculating emission savings from renewable fuels of non- biological origin shall ensure, as appropriate, that hydrogen production does occur in hours with maximum renewable energies in the electricity mix. The methodology shall ensure that credit for avoided emissions is not given for CO2 the capture of which has already received an emission credit under other provisions of law. The carbon content of the wastes and their release to the atmosphere shall be included in the methodology.;
Amendment 839 #
Proposal for a directive
Article 1 – paragraph 1 – point 20 – point c a (new)
Article 1 – paragraph 1 – point 20 – point c a (new)
Directive (EU) 2018/2001
Article 30 – paragraph 4 – subparagraph 2
Article 30 – paragraph 4 – subparagraph 2
(ca) in paragraph 4, subparagraph 2 is replaced by the following: "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, and for certification of biofuels, bioliquids and biomass fuels with low indirect land-use change-risk. ." Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 868 #
Proposal for a directive
Article 1 – paragraph 1 – point 21 a (new)
Article 1 – paragraph 1 – point 21 a (new)
Directive (EU) 2018/2001
Article 31 – paragraph 1 – subparagraph 1 – point a
Article 31 – paragraph 1 – subparagraph 1 – point a
(21a) in paragraph 1, subparagraph 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 Aor 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 andis 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 evalue 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 ;" Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 880 #
Proposal for a directive
Article 1 – paragraph 1 – point - 1 (new)
Article 1 – paragraph 1 – point - 1 (new)
Directive (EU) 2018/2001
Article 1
Article 1
(-1) Article 1 is replaced by the following: "This Directive establishes a common framework for the promotion of energy from renewable sources. It sets a binding Union target for the overall share of energy from renewable sources in the Union's gross final consumption of energy in 2030. It also lays down rules on financial support for electricity from renewable sources, on self-consumption of such electricity, on the use of energy from renewable sources in the heating and cooling sector and in the transport sector, on regional cooperation between Member States, and between Member States and third countries, on guarantees of origin, on administrative procedures and on information and training. It also establishes sustainability and greenhouse gas emissions saving criteria in accordance with principle of cascade use for biofuels, bioliquids and biomass fuels. " Or. en (DIRECTIVE (EU) 2018/2001)
Amendment 913 #
Proposal for a directive
Annex I – paragraph 1 – point 5 – point c a (new)
Annex I – paragraph 1 – point 5 – point c a (new)
Directive (EU) 2018/2001
Annex V – Part C – points 19 a (new) and 19 b (new)
Annex V – Part C – points 19 a (new) and 19 b (new)
ca) The following points 19 a and 19 b 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.”;
Amendment 930 #
Proposal for a Directive
Annex I – paragraph 1 – point 7 (a)
Annex I – paragraph 1 – point 7 (a)
Directive (EU) 2018/2001
Annex VIII
Annex VIII
Amendment 934 #
Proposal for a Directive
ANNEX I – paragraph 1 – point 8 – point a
ANNEX I – paragraph 1 – point 8 – point a
Directive (EU) 2018/2001
Annex IX – part A
Annex IX – part A
(ab) municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2) of collectionin Part A, point (b) is replaced by the following: Biomass fraction of mixed “(b) Biowaste as defined in point (114) of Article 3 of Directive 2008/98/EC; (g) Palm oil mill effluent and empty palm fru it bunches; (h) Tall oil pitch; from private households subject to separate Article 3 of that Directive;” (ad) in Part A, point (g) is deleted; (ad) in Part A, point (h) is replaced by the following: (h) Tall oil waste, excluding tall oil pitch, tall oil fatty acid and rosin; (ae) in Part A, point (o) is replaced by the following: “(o) Biomass fraction of wastes and residues from forestry and forestbased industries, namely, bark, branches, pre commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil;”;” (af) in Part A, points (p) and (q) are deleted.
Amendment 956 #
Proposal for a Directive
Annex I paragraph 5 - point 5 a (new)
Annex I paragraph 5 - point 5 a (new)
Directive (EU) 2018/2001
Annex V– Part C – point 1 – point (a)
Annex V– Part C – point 1 – point (a)
-a) In the table, the following line is inserted after the third line : ”annualised emissions from carbon stock changes caused by indirect land-use change;”