1129 Amendments of Günther SIDL
Amendment 24 #
Amendment 55 #
2023/0226(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) NGTs constitute a diverse group of genomic techniques, and each of them can be used in various ways to achieve different results and products. They can result in organisms with modifications equivalent to what can be obtained by conventional breeding methods or in organisms with more complex modifications. Among NGTs, targeted mutagenesis and cisgenesis (including intragenesis) introduce genetic modifications without inserting genetic material from non-crossable species (transgenesis). They rely only on the breeders’ gene pool, i.e. the total genetic information that is available for conventional breeding including from distantly related plant species that can be crossed by advanced breeding techniques. Targeted mutagenesis techniques result in modification(s) of the DNA sequence at precise locations in the genome of an organism. Cisgenesis techniques result in the insertion, in the genome of an organism, of genetic material already present in the breeders’ gene pool. Intragenesis is a subset of cisgenesis resulting in the insertion in the genome of a rearranged copy of genetic material composed of two or more DNA sequences already present in the breeders’ gene pool.
Amendment 64 #
2023/0226(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) There is ongoing public and private research using NGTs on a wider variety of crops and traits compared to those obtained through transgenic techniques authorised in the Union or globally(33 ). This includes plants with improved tolerance or resistance to plant diseases and pests, plants with improved tolerance or resistance to climate change effects and environmental stresses, improved nutrient and water-use efficiency, plants with higher yields and resilience and improved quality characteristics. These types of new plants, coupled with the fairly easy and speedy applicability of those new techniques, could deliver benefits to farmers, consumers and to the environment. Thus, NGTs have the potential to contribute to the innovation and sustainability goals of the European Green Deal (34 ) and of the ‘Farm to Fork’ (35 ), Biodiversity (36 ) and Adaptation to Climate Change(37 ) Strategies, to global food security (38 ), the Bioeconomy Strategy (39 ) and to the Union’s strategic autonomy (40 ). _________________ 33 Insights and solutions stemming from EU-funded research and innovation projects on plant breeding strategies may contribute to address detection challenges, ensure traceability and authenticity, and promote innovation in the area of new genomic techniques. More than 1,000 projects were funded under the Seventh Framework Programme and successor Horizon 2020 programme with an investment of over 3 billion Euros. Horizon Europe support to new collaborative research projects on plant breeding strategies is also ongoing, SWD(2021) 92. 34 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, The European Green Deal, COM/2019/640 final. 35 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A Farm to Fork Strategy for a fair, healthy and environmentally friendly food system, COM/2020/381 final. 36 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, EU Biodiversity Strategy for 2030: Bringing nature back into our lives, COM/2020/380 final. 37 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions forging a Climate-Resilient Europe - The New EU Strategy on Adaptation to Climate Change, COM(2021) 82 final 38 Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final; Food and Agriculture Organisation of the United Nations (FAO), 2022, Gene editing and agrifood systems, Rome, ISBN 978-92-5- 137417-7. 39 European Commission, Directorate- General for Research and Innovation, A sustainable bioeconomy for Europe – Strengthening the connection between economy, society and the environment: updated bioeconomy strategy, Publications Office, 2018, https://data.europa.eu/doi/10.2777/792130 . 40 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021)66 final.
Amendment 77 #
2023/0226(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) The deliberate release into the environment of organisms obtained by NGTs, including products containing or consisting of such organisms, as well as the placing on the market of food and feed produced from these organisms, are subject to Directive 2001/18/EC and, Regulation (EC) No 1830/2003 (41 ) of the European Parliament and of the Council and, in the case of food and feed, also to Regulation (EC) No 1829/2003 (42 ), while the contained use of plant cells is subject to Directive 2009/1/EC, and transboundary movements of NGT plants to third countries are regulated by Regulation (EC) No 1946/2003 (‘the Union GMO legislation’) ), in line with the Cartagena Protocol on Biosafety. _________________ 41 Regulation (EC) No 1830/2003 of the European Parliament and of the Council of 22 September 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending Directive 2001/18/EC (OJ L 268, 18.10.2003, p. 24). 42 Regulation (EC) No 1829/2003 of the European Parliament and of the Council of 22 September 2003 on genetically modified food and feed (OJ L 268, 18.10.2003, p. 1).
Amendment 80 #
2023/0226(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In its judgment in case C-528/16 Confédération paysanne and Others43 the Court of Justice of the European Union held that GMOs obtained by means of new techniques/methods of mutagenesis that had appeared or had been mostly developed since Directive 2001/18/EC was adopted could not be considered excluded from the scope of that Directive, as the new mutagenesis techniques/methods have a comparable risk potential to the production of transgenic plants, in which foreign genetic material is introduced into the genome of organisms. In accordance with the precautionary principle, the regulations of the Genetic Engineering Law would therefore have to be applied (Art.2 No.2 of Directive 2001/18; fourth, eighth and 25th recitals). These organisms and all products derived from them must therefore be subjected to a comprehensive safety assessment for humans, animals and the environment before being placed on the market. Likewise, they must be traceable and labelled. _________________ 43 Judgement of the Court of Justice of 25 July 2018, Confédération paysanne and Others v Premier ministre and Ministre de l’agriculture, de l’agroalimentaire et de la forêt, C-528/16, ECLI:EU:C:2018:583.
Amendment 87 #
2023/0226(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Commission’s study on new genomic techniques (45 ) concluded that the Union GMO legislation is not fit for the purpose of regulating the deliberate release of plants obtained by certain NGTs and the placing on the market of related products including food and feed. In particular, the study concluded that the authorisation procedure and risk assessment requirements for GMOs under the Union GMO legislation are not adapted to the variety of potential organisms and products that can be obtained with some NGTs, namely targeted mutagenesis and cisgenesis (including intragenesis), and these requirements can be disproportionate or inadequate. The study showed that this is particularly the case for plants obtained by these techniques, given the amount of scientific evidence that is already available, in particular on their safety. Furthermore, the Union GMO legislation is difficult to implement and enforce for plants obtained by targeted mutagenesis and cisgenesis and related products. In certain cases, genetic modifications introduced by these techniques are indistinguishable with analytical methods from natural mutations or from genetic modifications introduced by conventional breeding techniques, whereas the distinction is generally possible for genetic modifications introduced by transgenesis. The Union GMO legislation is also not conducive to developing innovative and beneficial products that could contribute to sustainability, food security and resilience of the agri-food chain. _________________ 45 Study on the status of new genomic techniques under Union law and in light of the Court of Justice ruling in Case C- 528/16, SWD(2021) 92 final.
Amendment 117 #
2023/0226(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The legal framework for NGT plants should share the objectives of the Union GMO legislation to ensure a high level of protection of human and animal health and of the environment and the good functioning of the internal market for the concerned plants and products, while addressing the specificity of NGT plants. This legal framework should enable the development and placing on the market of plants, food and feed containing, consisting of or produced from NGT plants and o, while fully respecting ther products containing or consisting of NGT plants (‘NGT products’) so as to contribute to the innovation and sustainability objectives of the European Green Deal and the Farm to Fork, Biodiversity and Climate Adaptation strategies and to enhance the competitiveness of the Union agri-food sector at Union and world levelecautionary principle.
Amendment 129 #
2023/0226(COD)
Proposal for a regulation
Recital 12
Recital 12
Amendment 135 #
2023/0226(COD)
Proposal for a regulation
Recital 13
Recital 13
Amendment 143 #
2023/0226(COD)
Proposal for a regulation
Recital 14
Recital 14
Amendment 159 #
2023/0226(COD)
Proposal for a regulation
Recital 15
Recital 15
Amendment 164 #
2023/0226(COD)
Proposal for a regulation
Recital 16
Recital 16
Amendment 172 #
2023/0226(COD)
Proposal for a regulation
Recital 17
Recital 17
Amendment 180 #
2023/0226(COD)
Proposal for a regulation
Recital 18
Recital 18
Amendment 191 #
2023/0226(COD)
Proposal for a regulation
Recital 19
Recital 19
Amendment 201 #
2023/0226(COD)
Proposal for a regulation
Recital 20
Recital 20
Amendment 206 #
2023/0226(COD)
Proposal for a regulation
Recital 21
Recital 21
Amendment 211 #
2023/0226(COD)
Proposal for a regulation
Recital 22
Recital 22
Amendment 227 #
2023/0226(COD)
Proposal for a regulation
Recital 23
Recital 23
(23) Regulation (EU) 2018/848 of the European Parliament and the Council on organic production and labelling of organic products and repealing Council Regulation (EC) 834/2007(47 ) prohibits the use of GMOs and products from and by GMOs in organic production. It defines GMOs for the purposes of that Regulation by reference to Directive 2001/18/EC, excluding from the prohibition GMOs which have been obtained through the techniques of genetic modification listed in Annex 1.B of Directive 2001/18/EC. As a result, category 2 NGT plants willNGT should be banned in organic production. However, it is necessary to clarify the status of category 1 NGT plants for the purposes of organic production. The use of new genomic techniques is currently incompatible with the concept of organic production in the Regulation (EC) 2018/848 and with consumers’ perception of organic products. The use of category 1 NGT plants should therefore be also prohibited in organic production. _________________ 47 Regulation (EU) 2018/848 of the European Parliament and of the Council of 30 May 2018 on organic production and labelling of organic products and repealing Council Regulation (EC) No 834/2007 (OJ L 150, 14.6.2018, p. 1).
Amendment 237 #
2023/0226(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Provision should be made to ensure transparency as regards the use of category 1all in EU approved NGT plant varieties, to ensure that production chains that wish to remain free from NGTs can do so and thereby safeguard consumer trust. NGT plants that have obtained a category 1 NGT plant status declarationAll in the EU approved NGT plants should be listed in a publicly available database. To ensure traceability, transparency and choice for operators, during research and plant breeding, when selling seed to farmers or making plant reproductive material available to consumers and third parties in any other way, plant reproductive material of category 1 NGT plants should be labelled as category 1 NGTNGT plants should be labelled as GMO according to existing EU law, Directive 2001/18 and Regulation (EC) No 1830/2003. consumers and farmers NGT plants and products should be labelled according to existing EU law, Directive 2001/18 and Regulation (EC) No 1830/2003.
Amendment 249 #
2023/0226(COD)
Proposal for a regulation
Recital 25
Recital 25
(25) Category 2 NGT plants should remain subject to the requirements of the Union GMO legislation given that on the basis of current scientific and technical knowledge, their risks need to be assessed. Special rules should be provided in order to adapt the procedures and certain other rules laid down in Directive 2001/18/EC and Regulation (EC) No 1829/2003 to the specific nature of category 2 NGT plants and the differing levels of risk that they may pose. The precautionary principle may not be harmed, if differing risk levels will be chosen.
Amendment 256 #
2023/0226(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) Category 2 NGT plants and products, in order to be released into the environment or placed on the market, should remain subject to a consent or authorisation in accordance with Directive 2001/18/EC or Regulation (EC) No 1829/2003. However, given the wide variety of those NGT plants, the amount of information necessary for the risk assessment will vary on a case-by-case basis. The Authority, in its scientific opinions on plants developed through cisgenesis and intragenesis48 and on plants developed through targeted mutagenesis49 recommended flexibility in data requirements for the risk assessment of these plants. Based on the Authority’s ‘Criteria for risk assessment of plants produced by targeted mutagenesis, cisgenesis and intragenesis’ (50 ), considerations on the history of safe use, familiarity for the environment and the function and structure of the modified/inserted sequence(s) should assist in determining the type and amount of data required to perform the risk assessment of those NGT plants. It is therefore necessary to establish general principles and criteria for the risk assessment of these plants, while providing for flexibility and possibility to adapt risk assessment methodologies to scientific and technical progress. _________________ 48 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Mullins E, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Naegeli H, Nogué F, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Casacuberta, J, Fernandez Dumont A, Gennaro A, Lenzi, P, Lewandowska A, Munoz Guajardo IP, Papadopoulou N and Rostoks N, 2022. Updated scientific opinion on plants developed through cisgenesis and intragenesis. EFSA Journal 2022;20(10):7621, 33 pp. https://doi.org/10.2903/j.efsa.2022.7621. 49 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Naegeli H, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Mullins E, Nogué F, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Casacuberta J, Gennaro A, Paraskevopoulos K, Raffaello T and Rostoks N, 2020. Applicability of the EFSA Opinion on site-directed nucleases type 3 for the safety assessment of plants developed using site-directed nucleases type 1 and 2 and oligonucleotide-directed mutagenesis. EFSA Journal 2020;18(11):6299, 14 pp. https://doi. org/10.2903/j.efsa.2020.6299. 50 EFSA GMO Panel (EFSA Panel on Genetically Modified Organisms), Mullins E, Bresson J-L, Dalmay T, Dewhurst IC, Epstein MM, Firbank LG, Guerche P, Hejatko J, Moreno FJ, Naegeli H, Nogué F, Rostoks N, Sánchez Serrano JJ, Savoini G, Veromann E, Veronesi F, Fernandez A, Gennaro A, Papadopoulou N, Raffaello T and Schoonjans R, 2022. Statement on criteria for risk assessment of plants produced by targeted mutagenesis, cisgenesis and intragenesis. EFSA Journal 2022;20(10):7618, 12 pp. https://doi.org/10.2903/j.efsa.2022.7618.
Amendment 262 #
2023/0226(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) Requirements on the content of notifications for consent for the placing on the market of products containing or consisting of GMOs other than food or feed and on the content of applications for authorisation for the placing on the market of genetically modified food and feed are laid down in different pieces of legislation. To ensure consistency between the notifications for consent and applications for authorisation for category 2 NGT products, the content of such notifications and applications should be the same, except those concerning the assessment of food and feed safety assessment as these are only relevant to category 2 NGT food and feed.
Amendment 263 #
2023/0226(COD)
Proposal for a regulation
Recital 28
Recital 28
Amendment 272 #
2023/0226(COD)
Proposal for a regulation
Recital 29
Recital 29
Amendment 281 #
2023/0226(COD)
Proposal for a regulation
Recital 30
Recital 30
Amendment 291 #
2023/0226(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To increase transparency and consumers’ information, operators should be allowed to complement the labelling of category 2 NGT products as GMO with information on the trait conferred by the genetic modification. In order to avoid misleading or confusing indications, a proposal for such a labelling should be provided in the notification for consent or in the application for authorisation and should be specified in the consent or in the authorisation decisionlabel all NGT products which comply with the requirements laid down existing EU law, Directive 2001/18 and Regulation (EC) No 1830/2003.
Amendment 297 #
2023/0226(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) Regulatory incentives should be offered to potential notifiers or applicants for category 2 NGT plants and products containing traits with the potential to contribute to a sustainable agri-food system, in order to steer the development of category 2 NGT plants towards such traits. The criteria to trigger these incentives should focus on broad trait categories with the potential to contribute to sustainability (such as those linked to tolerance or resistance to biotic and abiotic stresses, improved nutritional characteristics or increased yield) and should be based on the contribution to the value for sustainable cultivation and use as defined in [Article 52(1) of the Commission’s Proposal for a Regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union52 ]. The applicability of the criteria across the EU does not allow a narrower definition of traits to focus on specific issues or address local and regional specificities. _________________ 52 COM(2023) 414 final
Amendment 318 #
2023/0226(COD)
Proposal for a regulation
Recital 37
Recital 37
(37) In order to enable NGT plants to contribute to the sustainability objectives of the Green Deal and the Farm to Fork and Biodiversity Strategies, cultivation of NGT plants in the Union should be facilitatedregulated under existing EU law, in Directive 2001/18 and Regulation (EC) No 1830/2003. This requires predictability for breeders and farmers as regards the possibility to cultivate such plants in the Union. Therefore, the possibility for Member States to adopt measures restricting or prohibiting the cultivation of category 2 NGT plants in all or part of their territory, set out in Article 26b of Directive 2001/18/EC wshould undermine those goals. remain.
Amendment 321 #
2023/0226(COD)
Proposal for a regulation
Recital 38
Recital 38
Amendment 326 #
2023/0226(COD)
Proposal for a regulation
Recital 39
Recital 39
Amendment 332 #
2023/0226(COD)
Proposal for a regulation
Recital 40
Recital 40
(40) In its judgment of 25 July 2018, in case C-528/1610 the Court of Justice of the European Union held that organisms obtained by means of techniques/methods of mutagenesis which have not conventionally been used in a number of applications and do not have a long safety record come within the scope of Directive 2001/18 and are, therefore, subject to the obligations arising from that directive. Given the novelty of the NGTs, it will be important to monitor closely the development and presence on the market of NGT plants and products and evaluate any accompanying impact on human and animal health, the environment and environmental, economic and social sustainability. Information should be collected regularly and within five years after the adoption of the first decision allowing the deliberate release or the marketing of NGT plants or NGT products in the Union, the Commission should carry out an evaluation of this Regulation to measure the progress made towards the availability of NGT plants containing such characteristics or properties on the EU market.
Amendment 349 #
2023/0226(COD)
Proposal for a regulation
Recital 45
Recital 45
Amendment 355 #
2023/0226(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The Commission should regularly collect information in order to assess the performance of the legislation in achieving the development and availability of NGT plants and NGT products in the market that can contribute to the objectives of the Green Deal and the Farm to Fork, Biodiversity and Climate Adaptation strategies and in order to inform an evaluation of the legislation. A broad set of indicators have been identified56 and should be periodically reviewed by the Commission. The indicators should support monitoring of potential risks to health or the environment of category 2 NGT plants and related NGT products, impact of NGT plants on environmental, economic and social sustainability as well as impact on organic agriculture and on consumers acceptance of NGT products. A first monitoring report should be presented three years after the first products have been notified/authorised, to ensure that enough data is available after full implementation of the new legislation, and at regular intervals thereafter. The Commission should carry out an evaluation of this Regulation two years after the first monitoring report has been published, in order to allow for the impact of the first products going through the verification or authorisation to fully materialise. _________________ 56 SWD(2023) 412
Amendment 365 #
2023/0226(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
This Regulation corresponds to the provisions of Directive 2001/18 and extends these provisions to the deliberate release of plants obtained by certain new genomic techniques (hereinafter "NGT plants"). In accordance with the precautionary principle, and with the primary objective of ensuring a high level of protection of human and animal health and the environment, this Regulation lays down specific rules for the deliberate release into the environment for any other purpose than placing on the market of plants obtained by certain new genomic techniques (‘NGT plants’) and for the placing on the market of food and feed containing, consisting of or produced from such plants, and of products, other than food or feed, containing or consisting of such plants.
Amendment 372 #
2023/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) NGT plants in their use as agricultural crops;
Amendment 379 #
2023/0226(COD)
Proposal for a regulation
Article 2 – paragraph 1 a (new)
Article 2 – paragraph 1 a (new)
This regulation does not apply to: (1) patented material or material for which a patent application is being processed; (2) Wild plants and trees.
Amendment 385 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) the definitions of ‘organism’, ‘deliberate release’ set out in Directive 2001/18/EC (1a), ‘deliberate release’ set out in Directive 2001/18/EC (1b) and ‘placing on the market’ set out in Directive 2001/18/EC, (1e) those of ‘food’ and ‘feed’ set out in Regulation (EC) No 178/2002, (1f) that of ‘traceability’ set out in Regulation (EC) No 1830/2003, (1e) that of ‘plant’ set out in Regulation (EU) 2016/2031 of the European Parliament and of the Council(58 ) and that of(1f) ‘plant reproductive material’ set out in [the Commission’s Proposal for a Regulation of the European Parliament and of the Council on the production and marketing of plant reproductive material in the Union59 ]; _________________ 58 Regulation (EU) 2016/2031 of the European Parliament and of the Council of 26 October 2016 on protective measures against pests of plants, amending Regulations (EU) No 228/2013, (EU) No 652/2014 and (EU) No 1143/2014 of the European Parliament and of the Council and repealing Council Directives 69/464/EEC, 74/647/EEC, 93/85/EEC, 98/57/EC, 2000/29/EC, 2006/91/EC and 2007/33/EC (OJ L 317, 23.11.2016, p. 4). 59 COM(2023) 414 final
Amendment 387 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 2
Article 3 – paragraph 1 – point 2
(2) ‘NGT plant’ means a genetically modified plant obtained by targeted mutagenesis or cisgenesis, or a combination thereof, on the conditions that: (a) it does not contain any genetic material originating from outside the breeders’ gene pool that temporarily may have been inserted during the development of the NGT plant, (b) it is not patented and no patent application is being processed regarding that plant;
Amendment 397 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘genetically modified organism’ or ‘GMO’ means a genetically modified organism as defined in Article 2(2) of Directive 2001/18/EC, excluding organisms obtained through the techniques of genetic modification listed in Annex I B to Directive 2001/18/EC;
Amendment 405 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
Amendment 417 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
Amendment 438 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
Amendment 441 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 9
Article 3 – paragraph 1 – point 9
(9) ‘NGT plant for food use’ means a NGT plant that may be used as food or as a source material for the production of food in line with the One Health approach;
Amendment 442 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 10
Article 3 – paragraph 1 – point 10
(10) ‘NGT plant for feed use’ means a NGT plant that may be used as feed or as a source material for the production of feed in line with the One Health approach;
Amendment 446 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 13
Article 3 – paragraph 1 – point 13
Amendment 452 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 14
Article 3 – paragraph 1 – point 14
Amendment 454 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
Amendment 457 #
2023/0226(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 15 b (new)
Article 3 – paragraph 1 – point 15 b (new)
Amendment 461 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – introductory part
Article 4 – paragraph 1 – introductory part
Without prejudice to other requirements of Union law and with strict regard to the precautionary principle, an NGT plant may only be deliberately released into the environment for any other purpose other than placing on the market, and an NGT product may only be placed on the market, if: the plant has been authorised in accordance with Chapter III.
Amendment 464 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 1
Article 4 – paragraph 1 – point 1
Amendment 473 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2
Article 4 – paragraph 1 – point 2
(2) the plant is a category 2n NGT plant and has been authorised in accordance with Chapter III and is front-labelled as “NGT food” or “NGT feed”.
Amendment 478 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 a (new)
Article 4 – paragraph 1 – point 2 a (new)
(2a) an extended producer responsibility (EPR) scheme has been established by an implementing act to ensure the financement of risks and possible future damages of human health, animal health or the environment or cross-contamination of organic food are financed in line with the polluter pays principle.
Amendment 479 #
2023/0226(COD)
Proposal for a regulation
Article 4 – paragraph 1 – point 2 b (new)
Article 4 – paragraph 1 – point 2 b (new)
(2b) a social impact assessment has been made by the Commission to ensure the affordability of food for consumers, taking into account the short-, mid- and long-term effects of patent and monopols on the price for end consumers and the freedom of choice to consume or not consume NGT products and price difference between non-NGT products and organic food in respect of affordability and social implications.
Amendment 480 #
2023/0226(COD)
Proposal for a regulation
Chapter II – title
Chapter II – title
II Category 1 NGT plants and category 1 NGT productsThe European Parliament deletes this chapter
Amendment 483 #
2023/0226(COD)
Proposal for a regulation
Article 5
Article 5
Amendment 513 #
Amendment 611 #
Amendment 656 #
2023/0226(COD)
Proposal for a regulation
Article 8
Article 8
Amendment 667 #
2023/0226(COD)
Proposal for a regulation
Article 9
Article 9
Amendment 700 #
2023/0226(COD)
Proposal for a regulation
Article 10
Article 10
Amendment 729 #
2023/0226(COD)
Proposal for a regulation
Article 11
Article 11
Amendment 743 #
2023/0226(COD)
Proposal for a regulation
Chapter III – title
Chapter III – title
III Category 2 NGT plants and category 2 NGT products
Amendment 747 #
2023/0226(COD)
Proposal for a regulation
Article 12 – title
Article 12 – title
Status of Category 2 NGT plants and category 2 NGT products
Amendment 752 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 1 – title
Chapter III – Section 1 – title
1 Deliberate release of category 2 NGT plants for any other purpose than for placing on the market
Amendment 753 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – introductory part
Article 13 – paragraph 1 – introductory part
As regards the deliberate release of a category 2n NGT plant for any other purpose than placing on the market, the notification referred to in Article 6(1) of Directive 2001/18/EC shall include:
Amendment 759 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c – point ii
Article 13 – paragraph 1 – point c – point ii
(ii) information relating to the category 2 NGT plant(s);
Amendment 761 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c – point iv
Article 13 – paragraph 1 – point c – point iv
(iv) information on the interactions between the category 2 NGT plant(s) and the environment;
Amendment 764 #
2023/0226(COD)
Proposal for a regulation
Article 13 – paragraph 1 – point c – point v
Article 13 – paragraph 1 – point c – point v
(v) a plan for monitoring in order to identify effects of the category 2 NGT plant(s) on human health or the environment;
Amendment 771 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 2 – title
Chapter III – Section 2 – title
2 Placing on the market of category 2 NGT products other than food or feed
Amendment 775 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – introductory part
Article 14 – paragraph 1 – introductory part
1. As regards the placing on the market of category 2 NGT products other than food and feed, the notification referred to in Article 13(2) of Directive 2001/18/EC, without prejudice to any additional information that may be required in accordance with Article 32b of Regulation (EC) No 178/2002, shall contain:
Amendment 776 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point b
Article 14 – paragraph 1 – point b
(b) designation and specification of the category 2 NGT plant;
Amendment 784 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point h
Article 14 – paragraph 1 – point h
(h) where appropriate, a monitoring plan for environmental effects in accordance with Annex VII to Directive 2001/18/EC, including a proposal for the time-period of the monitoring plan; this time-period may be different from the proposed period for the consent. If, based on the results of any release notified in accordance with Section 1, the findings of the environmental risk assessment, the characteristics of the NGT plant, the characteristics and scale of its expected use and the characteristics of the receiving environment, in accordance with the implementing act adopted in accordance with Article 27, point (d), the notifier considers that the NGT plant does not need a monitoring plan, the notifier may propose not to submit a monitoring plan;
Amendment 788 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point j
Article 14 – paragraph 1 – point j
(j) proposed commercial names of the products and names of category 2 NGT plants contained therein, and a proposal for a unique identifier for the category 2 NGT plant, developed in accordance with Commission Regulation (EC) No 65/2004 (60 ). After the consent any new commercial names should be provided to the competent authority; _________________ 60 Commission Regulation (EC) No 65/2004 of 14 January 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (OJ L 10, 16.1.2004, p. 5).
Amendment 795 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point l
Article 14 – paragraph 1 – point l
(l) methods for sampling (including references to existing official or standardised sampling methods), detection, identification and quantification of the NGT plant. In cases where it is not feasible to provide an analytical method that detects, identifies and quantifies, if duly justified by the notifierconcluded by the Union Reference Laboratory, the modalities to comply with analytical method requirements shall be adapted as specified in the implementing act adopted in accordance with Article 27, point (e) and the guidance referred to in Article 29(2);
Amendment 797 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 1 – point m
Article 14 – paragraph 1 – point m
(m) samples of the category 2 NGT plant and their control samples, and information as to the place where the reference material can be accessed;
Amendment 799 #
2023/0226(COD)
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. The notifier shall include in this notification information on data or results from releases of the same category 2 NGT plant or the same combination of category 2 NGT plants previously or currently notified and/or carried out by the notifier either inside or outside the Union.
Amendment 808 #
2023/0226(COD)
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
The written consent referred to in Article 19 of Directive 2001/18/EC shall either specify monitoring requirements, as described in Article 19(3) point (f) or state that monitoring is not required. Article 17(2), point (b), of Directive 2001/18/EC shall not apply if monitoring is not required by the consentf this regulation. Seeds and other reproductive material has to be subjected to monitoring. Exemption from monitoring may be granted, if duly justified, for the release of non-reproductive material.
Amendment 812 #
2023/0226(COD)
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
Amendment 817 #
2023/0226(COD)
Proposal for a regulation
Article 17 – paragraph 1
Article 17 – paragraph 1
1. The consent granted under Part C of Directive 2001/18/EC shall, after the firsteach renewal in accordance with Article 17 of Directive 2001/18/EC, be valid for an unlimited period, unless the decision referred to in Article 17(6) or (8) provides that the renewal is for a limited period, on justified grounds based on the findings of the risk assessment carried out pursuant to this Regulation and on experience with the use, including results of monitoring, if so specified in the consent10 years.
Amendment 825 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 3 – title
Chapter III – Section 3 – title
3 Placing on the market of category 2 NGT plants for food or feed use and of category 2 NGT food and feed
Amendment 827 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point a
Article 18 – paragraph 1 – point a
(a) category 2 NGT plants for food use or for feed use;
Amendment 830 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point b
Article 18 – paragraph 1 – point b
(b) food containing, consisting or produced from category 2 NGT plants or containing ingredients produced from category 2 NGT plants (‘category 2 NGT food’);
Amendment 831 #
2023/0226(COD)
Proposal for a regulation
Article 18 – paragraph 1 – point c
Article 18 – paragraph 1 – point c
(c) feed containing, consisting or produced from category 2 NGT plants (‘category 2 NGT feed’).
Amendment 835 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 1 – introductory part
Article 19 – paragraph 1 – introductory part
1. By way of derogation from Articles 5(3), point (e), and 17(3), point (e), of Regulation (EC) No 1829/2003, and without prejudice to any additional information that may be required in accordance with Article 32b of Regulation (EC) No 178/2002, an application for authorisation of a category 2 NGT plant for food or feed use, or category 2 NGT food or feed shall be accompanied by a copy of the studies, including, where available, independent, peer-reviewed studies, which have been carried out and any other available material to demonstrate that:
Amendment 842 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
Amendment 850 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 3 – introductory part
Article 19 – paragraph 3 – introductory part
3. By way of derogation from Articles 5(5) and 17(5) of Regulation (EC) No 1829/2003, in the case of category 2 NGT plants or food or feed containing or consisting of category 2 NGT plants, the application shall also be accompanied by:
Amendment 857 #
2023/0226(COD)
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 870 #
2023/0226(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Amendment 879 #
2023/0226(COD)
Proposal for a regulation
Chapter III – Section 4 – title
Chapter III – Section 4 – title
4 Common provisions for category 2 NGT plants and category 2 NGT products
Amendment 883 #
2023/0226(COD)
Proposal for a regulation
Article 22 – title
Article 22 – title
Incentives for category 2 NGT plants and category 2 NGT products containing traits relevant for sustainability
Amendment 888 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. The incentives in this Article shall apply to category 2 NGT plants and category 2 NGT products, where at least one of the intended trait(s) of the NGT plant conveyed by the genetic modification is contained in Part 1 of Annex III and it does not have any traits referred to in Part 2 of that Annex.
Amendment 897 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point b
Article 22 – paragraph 4 – point b
(b) for potential notifications in accordance with Article 13 of Directive 2001/18/EC in conjunction with Article 14 and for potential applications under Articles 5 or 17 of Regulation (EC) No 1829/2003 in conjunction with Article 19 concerning a category 2 NGT plant to be used as seeds or other plant reproductive material, the pre-submission advice shall be provided by the Authority together, or in close collaboration with the competent authority of the Member State to which the notification or application is going to be submitted;
Amendment 898 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 4 – point c
Article 22 – paragraph 4 – point c
(c) the Authority shall make public without delay a summary of the pre- submission advice once an application or notification has been considered valid. Articles 38(1a) (enter regulation) shall apply mutatis mutandis;
Amendment 901 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 5 – point a
Article 22 – paragraph 5 – point a
(a) the information necessary to establish that the intended trait(s) conveyed by the genetic modification of the category 2 NGT plant meet the conditions referred to in paragraph 1;
Amendment 907 #
2023/0226(COD)
Proposal for a regulation
Article 22 – paragraph 8
Article 22 – paragraph 8
Amendment 915 #
2023/0226(COD)
Proposal for a regulation
Article 23 – title
Article 23 – title
Labelling of authorised category 2 NGT products
Amendment 918 #
2023/0226(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
Amendment 924 #
2023/0226(COD)
Proposal for a regulation
Article 24 – title
Article 24 – title
Measures to avoid the unintended presence of category 2 NGT plants
Amendment 930 #
2023/0226(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
Member States shall take appropriate measures to avoid the unintended presence of category 2 NGT plants in products not subject to Directive 2001/18 or Regulation 1829/2003. This includes an obligation of NGT growers to inform organic and certified non-gm growers with field plots in a distance were outcrossing is possible to those where NGT plants are grown, according to the details specified in implementing act XXX.
Amendment 942 #
2023/0226(COD)
Proposal for a regulation
Article 25
Article 25
Article 26b of Directive 2001/18/EC shall not apply to category 2 NGT plants.5 deleted Cultivation
Amendment 944 #
2023/0226(COD)
Proposal for a regulation
Article 25 – paragraph 1
Article 25 – paragraph 1
Amendment 956 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
Amendment 957 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
Amendment 960 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
Amendment 965 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
Amendment 966 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 5
Article 26 – paragraph 5
Amendment 967 #
2023/0226(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
Amendment 973 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point a
Article 27 – paragraph 1 – point a
Amendment 974 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point b
Article 27 – paragraph 1 – point b
Amendment 979 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point c
Article 27 – paragraph 1 – point c
Amendment 984 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e a (new)
Article 27 – paragraph 1 – point e a (new)
(ea) the methodology and information requirements to demonstrate that a trait can be considered to be sustainable.
Amendment 985 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e b (new)
Article 27 – paragraph 1 – point e b (new)
(eb) the methodology and information on how to define the inclusion of genetic information in the breeders gene pool.
Amendment 986 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 1 – point e c (new)
Article 27 – paragraph 1 – point e c (new)
(ec) Definitions of and methodology to define risk profiles necessary for Annex II.
Amendment 987 #
2023/0226(COD)
Proposal for a regulation
Article 27 – paragraph 2
Article 27 – paragraph 2
Before adopting the implementing acts referred to in points (a) to (d), the Commission shall consult the Authority. Before adopting the implementing act(s) referred to in point (e), the Commission shall consult the Joint Research Centre with the European Union Reference Laboratory for Genetically Modified Food and Feed. The implementing acts shall be adopted in accordance with the procedure referred to in Article 28(3).
Amendment 991 #
2023/0226(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
Amendment 996 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. No sooner than three years after the first decision is adopted in accordance with Article 6(8) or (10) or Article 7(6) or in accordance with Sections 2 or 3 of Chapter III, whichever is the earliest, and thereafter every five years, the Commission shall forward to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions a report on the implementation of this Regulation.
Amendment 1000 #
2023/0226(COD)
Proposal for a regulation
Article 30 – paragraph 2
Article 30 – paragraph 2
2. The report shall also address any ethicalsocial, ethical or economic issues that have arisen with the application of this Regulation.
Amendment 1018 #
2023/0226(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
With regard to category 2 NGT plants, references in other Union legislation to Annex II or Annex III to Directive 2001/18/EC shall be construed as references to Parts 1 and 2 of Annex II to this Regulation.
Amendment 1020 #
2023/0226(COD)
Proposal for a regulation
Article 32
Article 32
Any decision taken under, or failure to exercise, the powers vested in the Authority by this Regulation may be reviewed by the Commission on its own initiative or in response to a request from a Member State or from any person directly and individually concerned. To this effect a request shall be submitted to the Commission within two months from the day on which the party concerned became aware of the act or omission in question. The Commission shall prepare a draft decision within two months requiring, if appropriate, the Authority to withdraw its decision or to remedy its failure to act.rticle 32 deleted Administrative review
Amendment 1034 #
2023/0226(COD)
Proposal for a regulation
Article 33
Article 33
EU 2017/625
Article 23
Article 23
Amendments to Regulation (EU) Article 23 of Regulation (EU) 2017/625 is amended as follows: (1) in paragraph 2, point (a)(ii) is replaced by the following: ‘(ii) the cultivation of GMOs for food and feed production and the correct application of the plan for monitoring referred to in Article 13(2), point (e), of Directive 2001/18/EC, in Article 5(5), point (b), and Article 17(5), point (b), of Regulation (EC) No 1829/2003 and in Articles 14(1), point (h) and 19(3), point (b) of Regulation [reference to this Regulation];; ‘(b) the cultivation of GMOs for food and feed production and the correct application of the plan for monitoring referred to in Article 13(2), point (e), of Directive 2001/18/EC, in Article 5(5), point (b), and Article 17(5), point (b), of Regulation (EC) No 1829/2003 and in Articles 14(1), point (h) and 19(3), point (b) of Regulation [reference to this Regulation];.rticle 33 deleted 2017/625
Amendment 1037 #
2023/0226(COD)
Proposal for a regulation
Article 34 – paragraph 2 – subparagraph 1
Article 34 – paragraph 2 – subparagraph 1
It shall apply from [248 months from the date of entry into force of this Regulation].
Amendment 1040 #
2023/0226(COD)
Proposal for a regulation
Annex I
Annex I
Amendment 1104 #
2023/0226(COD)
Proposal for a regulation
Annex II – subheading 1
Annex II – subheading 1
Risk assessment of category 2 NGT plants and category 2 NGT food and feed
Amendment 1107 #
2023/0226(COD)
Proposal for a regulation
Annex II – paragraph 1
Annex II – paragraph 1
Part 1 of this Annex describes the general principles to be followed to perform the environmental risk assessment of category 2 NGT plants referred to in Article 13, points (c) and (d), Article 14(1), point (e), and Article 19(3), point (a), and the safety assessment of category 2 NGT food and feed referred to in Article 19(1), point (b). Part 2 describes specific information for the environmental risk assessment of category 2 NGT plants and Part 3 describes specific information for the safety assessment of category 2 NGT food and feed.
Amendment 1108 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 1
Annex II – Part 1 – paragraph 1
The environmental risk assessment shall be carried out in accordance with the precautionary principle and the principles set out in Annex II to Directive 2001/18/EC.
Amendment 1111 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 2 – introductory part
Annex II – Part 1 – paragraph 2 – introductory part
The type and amount of information necessary for the environmental risk assessment of category 2 NGT plants laid down in Annex III of Directive 2001/18/EC and for the food and feed safety assessment of category 2 NGT food and feed shall be adapted to their risk profile. Factors to be considered include:
Amendment 1113 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 2 – point a a (new)
Annex II – Part 1 – paragraph 2 – point a a (new)
(aa) characteristics of the recipient plant (i.a. allergenicity; potential for gene flow; weed potential; ecological function);
Amendment 1114 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 2 – point a b (new)
Annex II – Part 1 – paragraph 2 – point a b (new)
(ab) long safety record of the recipient plant;
Amendment 1117 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – introductory part
Annex II – Part 1 – paragraph 3 – introductory part
The environmental risk assessment of category 2 NGT plants and the risk assessment of category 2 NGT food and NGT feed shall consist of the following:
Amendment 1118 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point a
Annex II – Part 1 – paragraph 3 – point a
(a) problem formulation including hazard identification and hazard characterisation;
Amendment 1121 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point b
Annex II – Part 1 – paragraph 3 – point b
(b) exposure characterisation and assessment;
Amendment 1125 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point c a (new)
Annex II – Part 1 – paragraph 3 – point c a (new)
(ca) risk management strategies
Amendment 1129 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 3 – point c b (new)
Annex II – Part 1 – paragraph 3 – point c b (new)
(cb) overall evaluation
Amendment 1132 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point a – introductory part
Annex II – Part 1 – paragraph 4 – point a – introductory part
(a) problem formulation, hazard identification and characterisation
Amendment 1135 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point a – point i a (new)
Annex II – Part 1 – paragraph 4 – point a – point i a (new)
(ia) information relating to the genetic modification and their intended effects
Amendment 1136 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point a – point ii
Annex II – Part 1 – paragraph 4 – point a – point ii
(ii) molecular characterisation to check for intended and unintended effects. The information shall be provided by collating already available data from scientific literature or from other sources or generating scientific data where necessary by performing appropriate experimental and bioinformatic studies.
Amendment 1141 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point b – paragraph 1
Annex II – Part 1 – paragraph 4 – point b – paragraph 1
Information shall be provided on the likelihood of each identified potential adverse effect. Thisto cover all relevant exposure routes to humans, livestock, and the environment. Exposure shall be evaluated taking into consideration, as relevant, the characteristics of the receiving environment(s), the intended function, the dietary role, the expected level of use of the food and feed in the EU and the scope of the application for authorisation.
Amendment 1142 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 4 – point c – paragraph 1
Annex II – Part 1 – paragraph 4 – point c – paragraph 1
The applicant shall base its risk characterisation of NGT plants and foods and feed on information from hazard identification, hazard characterisation and exposure assessment. The risk shall for each protection goal (including specific protection goals) be characterised by combining, for each potential adverse effect, the magnitude with the likelihood of that adverse effect occurring to provide a quantitative or semi quantitative estimation of the risk. Where relevant, the uncertainty for each identified risk shall be described and the uncertainties associated with this estimate.
Amendment 1146 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 1 – paragraph 5
Annex II – Part 1 – paragraph 5
Amendment 1149 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – title
Annex II – Part 2 – title
2 Specific information for the environmental risk assessment of category 2 NGT plants concerning hazard identification and characterisation
Amendment 1150 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – point 1
Annex II – Part 2 – point 1
(1) Analysis of agronomic, phenotypic and compositional characteristics according to Annex II of Directive 2001/18/EC
Amendment 1153 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 2 – point 8
Annex II – Part 2 – point 8
(8) Effects on human and, animal health and the food and feed chain
Amendment 1158 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 3 – title
Annex II – Part 3 – title
3 Specific information for the environmental risk assessment of category 2 NGT plantssafety assessment of NGT food and feed concerning hazard identification and characterisation
Amendment 1161 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 3 – point 1 a (new)
Annex II – Part 3 – point 1 a (new)
(1a) Analysis of potential for persistence and invasiveness resulting from transport, loss, and spillage
Amendment 1163 #
2023/0226(COD)
Proposal for a regulation
Annex II – Part 3 – point 2
Annex II – Part 3 – point 2
(2) Ecotoxicology and Toxicology
Amendment 1167 #
2023/0226(COD)
Proposal for a regulation
Annex III – subheading 1
Annex III – subheading 1
Traits referred to in Article 3 and 22
Amendment 1174 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 1
Annex III – Part 1 – paragraph 1 – point 1
(1) yield, including yield stability and yield under low-input conditions can justify incentives when combined with another trait or other traits under (2)-(7);
Amendment 1185 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 1 – paragraph 1 – point 7
Annex III – Part 1 – paragraph 1 – point 7
(7) reduced need for external inputs, such as plant protection products and fertilisersfertilisers, if it does not contradict with Annex III part 2.
Amendment 1192 #
2023/0226(COD)
Proposal for a regulation
Annex III – Part 2 – paragraph 1
Annex III – Part 2 – paragraph 1
Traits excluding the application of the incentives referred to in Article 22: tolerance to herbicides, plants producing insecticides, pesticides.
Amendment 34 #
2023/0105(COD)
Proposal for a directive
Recital 2 a (new)
Recital 2 a (new)
(2a) Annex I, Point 1 of Directive 2001/110/EC considers honey as a substance. In order to define honey more precisely, as well as to highlight its characteristics and nutritional properties, and to have greater legal certainty, honey should be legally defined as a food and not as a substance, since the latter term is ambiguous and lacks a legal definition.
Amendment 45 #
2023/0105(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In light of the close link between the quality of honey and its origin and the need for the consumer not to be misled regarding the quality of the product, Directive 2001/110/EC lays down rules on the labelling of the origin where the honey has been harvested. In particular, Article 2(4) of that Directive requires the country or countries of origin where the honey has been harvested to be indicated on the label and provides that, if honey originates in more than one Member State or third country, the mandatory indication of the countries of origin may be replaced by one of the following, as appropriate: ‘blend of EU honeys’, ‘blend of non-EU honeys’, ‘blend of EU and non-EU honeys’. The different rules adopted on this basis by Member States may have misled consumers and may have hindered the functioning of the internal market. In the light of the Farm to Fork Strategy’s objective of strengthening consumers in making informed choices, including on the origin of their food, and in the interest to preserve the efficient functioning of the internal market throughout the Union through a harmonisation of the labelling rules, it is appropriate to revise the rules for honey origin labelling and provide that the country or countries of origin, should be mentioned on the packaging. In light of the reduced size of the packs containing only a single portion of honey (breakfast packs) and the resulting technical difficulties, it is therefore appropriate to exempt those packs from the obligation of listing all individual countries of origin, where the honey originates in more than one country in descending order. In the case of honey blends, the percentage of all individual countries of origin needs to be indicated.
Amendment 57 #
2023/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 58 #
2023/0105(COD)
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Honey needs to be valued as a high quality food to ensure a level playing field for Union honey producers and protection for consumers and nature. Bees, along with butterflies and beetles, are vital to our ecosystems by pollinating plants and enriching soil.
Amendment 65 #
2023/0105(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Coordinated action is needed to develop and improve highly sensitive testing methods that will enable to test the authenticity of honey and help to identify suspicious honey samples and detect fraudulent adulteration of honey with added sugar syrup. This also includes the collection of traceability information and investigations at the place of import, processing, blending, and packaging.
Amendment 66 #
2023/0105(COD)
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) Annex I, Point 2(b) of Directive 2001/110/EC lists the main types of honey according to mode of production and/or presentation, and includes the category of filtered honey. Since filtration implies a modification of the natural properties of honey, this type of honey should be categorised as "honeys for industrial use".
Amendment 73 #
2023/0105(COD)
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Since heating honey may involve modifying its natural properties, it is important to establish a threshold above which baker´s honey is considered as overheated in accordance with Annex I, Point 3 of Directive 2001/110/EC.
Amendment 82 #
2023/0105(COD)
Proposal for a directive
Recital 4 a (new)
Recital 4 a (new)
(4a) Member States and Commission should respect the results of the EFSA study on Tolerable upper intake level for dietary sugars1a, especially that free and added sugars need to be classed together in terms of the health outcomes for citizens. _________________ 1a https://efsa.onlinelibrary.wiley.com/doi/ep df/10.2903/j.efsa.2022.7074
Amendment 83 #
2023/0105(COD)
Proposal for a directive
Recital 4 b (new)
Recital 4 b (new)
(4b) Member States and Commission should take into account the One Health approach to ensure that the links of human and animal health and the environment are respected. Food needs to be healthy for humans, animals and the planet by taking into account animal welfare and planetary boundaries including GHG emissions to ensure that the binding targets as set by the European Climate Law are fully respected.
Amendment 85 #
2023/0105(COD)
Proposal for a directive
Recital 5
Recital 5
(5) In 2012, Directive 2001/112/EC was amended by Directive 2012/12/EU of the European Parliament and of the Council22 to reflect the new rules on authorised ingredients, such as those pertaining to the addition of sugars, which were no longer authorised in fruit juices. In the light of this change of compositional requirements for fruit juices, the fruit juice industry was allowed to use, for one year only, a statement indicating that no fruit juices contain added sugars, in order to inform consumers and enable them to make an immediate clear distinction between fruit juices and other certain similar products in terms of the addition of sugars in the products. This short time-span proved insufficient to inform society that, following the new rules on authorised ingredients, the addition of sugars is no longer authorised in fruit juices. As a result, for some of the consumers and health practitioners, it is still not clear that fruit juices, contrary to fruit nectars, cannot contain added sugarlthough fruit juices do not contain added sugar they are still high in sugars. As a result consuming too much sugar is linked to an increased risk of heart disease, stroke, type 2 diabetes, dental cavities and some types of cancer. This has to be made clearer to consumers and health practitioners, as this misleading information tends to encourage substitution of fruits or other nutritious food with fruit juices, particularly among children and other vulnerable groups. _________________ 22 Directive 2012/12/EU of the European Parliament and of the Council of 19 April 2012 amending Council Directive 2001/112/EC relating to fruit juices and certain similar products intended for human consumption (OJ L 115, 27.4.2012, p. 1).
Amendment 93 #
2023/0105(COD)
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
Amendment 94 #
2023/0105(COD)
Proposal for a directive
Recital 6 b (new)
Recital 6 b (new)
(6b) Changing lifestyles had an impact and changed our eating habits, which also led to increased production of processed foods. Statistics show that the consumption of foods high in energy, fat, free or/and added sugar and salt/sodium has increased significantly and that many people do not consume enough fruits, vegetables and other fiber such as whole grains. Therefore, any accelerated improvement in transparency to consumers is important, including the banning problematic and misleading labelling information on various products. Products such as juices or nectars that promote reduced sugar levels are often not a healthier option than products with natural or low added sugar and are not suitable to substitute fresh fruits or vegetables.
Amendment 95 #
2023/0105(COD)
Proposal for a directive
Recital 7
Recital 7
(7) Therefore, considering, in particular, that consumers are increasingly aware of health concerns linked to the consumption of sugar, it is appropriate to revise the rules on the use of statements on sugar for fruit juices to allow consumers to make informed choices. It is therefore appropriate to reintroduce, without a time limitation, the possibility for the industry to use the statement indicating that no fruit juices contain added sugars, accompanied by the indication contains 'naturally occurring sugars’, as listed in the Annex to Regulation (EC) No 1924/2006 of the European Parliament and of the Council1a. _________________ 1a Regulation (EC) No 1924/2006 of the European Parliament and of the Council of 20 December 2006 on nutrition and health claims made on foods (OJ L 404, 30.12.2006, p. 9).
Amendment 103 #
2023/0105(COD)
Proposal for a directive
Recital 8 a (new)
Recital 8 a (new)
(8a) Member States and the Commission should take full account of the negative health effects of aspartame as it is possibly carcinogenic to humans according to International Agency for Research on Cancer (IARC) of the World Health Organization's (WHO). EFSA should review aspartame following the WHO announcements by 31 December 2024.
Amendment 130 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
Amendment 132 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 1 a (new)
Article 1 – paragraph 1 – point 1 a (new)
Directive 2001/110/EC
Article 2 – paragraph 2
Article 2 – paragraph 2
(1a) In Article 2, paragraph 2 is replaced by the following; "2. the product names referred to in Annex I, points 2 and 3, shall apply only to the products defined therein and shall be used in trade to designate them. These names may be replaced by the simple product name "‘honey"’, except in the case of filtered honey, comb honey, chunk honey or cut comb in honey and baker's honey. However, (a) in the case of baker's honey, the words "‘intended for cooking only"’ shall appear on the label in close proximity to the product name; (b) except in the case of filtered honey and baker's honey, the product names may be supplemented by information referring to: - floral or vegetable origin, if the product comes wholly or mainly from the indicated source and possesses the organoleptic, physico-chemical and microscopic characteristics of the source, - regional, territorial or topographical origin, if the product comes entirely from the indicated source, - specific quality criteria; " Or. en (02001L0110)
Amendment 147 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2 – introductory part
Article 1 – paragraph 1 – point 2 – introductory part
(2) inIn Article 2 paragraph 4, points (a) and (b) are replaced by the following:
Amendment 165 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Directive 2001/110/EC
Article 2 – paragraph 4 – point a a (new)
Article 2 – paragraph 4 – point a a (new)
(aa) For packs containing less than 30 grams of blended honey sourced from more than one country, the label may indicate the country of origin using the ISO 3166 alpha-2 country code.
Amendment 182 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 h (new)
Article 1 – paragraph 1 h (new)
Directive 2001/110/EC
Article 3
Article 3
Article 3 In the case of filtered honey andis replaced by the following: "Article 3 In the case of baker's honey, bulk containers, packs and trade documents shall clearly indicate the full product name, as referred to in Annex I, point 2(b)(viii), and point 3. point 3." Or. en (02001L0110)
Amendment 189 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 c (new)
Article 1 – paragraph 1 c (new)
Directive 2001/110/EC
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
In Article 4, the following paragraph 1a is added: "1a. In accordance with Article 4(1), the Commission shall adopt an implementing act within 3 years from the entry into force of this Directive."
Amendment 197 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 b (new)
Article 1 – paragraph 1 b (new)
Directive 2001/110/EC
Annex I – paragraph 1
Annex I – paragraph 1
In Annex I, point 1 is replaced by the following: "1. Honey is the natural sweet substancefood produced by Apis mellifera bees from the nectar of plants or from secretions of living parts of plants or excretions of plant- sucking insects on the living parts of plants, which the bees collect, transform by combining with specific substances of their own, deposit, dehydrate, store and leave in honeycombs to ripen and mature. " Or. en (02001L0110)
Amendment 203 #
2023/0105(COD)
Proposal for a directive
Article 1 – paragraph 1 a (new)
Article 1 – paragraph 1 a (new)
Directive 2001/110/EC
Annex I – paragraph 2 – point (b) – subpoint viii
Annex I – paragraph 2 – point (b) – subpoint viii
Annex I, paragraph 2, point (b), subpoint (viii) is deleted.
Amendment 235 #
2023/0105(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 1 – point c
Article 2 – paragraph 1 – point 1 – point c
Directive 2001/112/EC
Article 3 – paragraph 4
Article 3 – paragraph 4
Without prejudice to Regulation (EC) No 1924/2006 of the European Parliament and of the Council**, the statement ‘no fruit juices contain added sugars’ may only appear together with the indication 'contains naturally occurring sugars’, as listed in the Annex to Regulation (EC) No 1924/2006 of the European Parliament and of the Council1a, on the label in the same field of vision as the name of the products referred to in Part I, point 1, of Annex I to this Directive.
Amendment 262 #
2023/0105(COD)
Proposal for a directive
Article 6 a (new)
Article 6 a (new)
Amendment 362 #
2023/0077(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1 – introductory part
Article 1 – paragraph 1 – point 1 – introductory part
(1) Energy is not a commodity like any other, but an essential basis of our economic and social system. Therefore, energy supply is classified as a service of general interest. The main task of the energy sector is a secure, affordable, and sustainable supply of energy. Consumer prices for electricity must reflect actual production costs (plus an appropriate profit mark-up). This means that the wholesale price must correspond to the average costs of all types of electricity production and not the maximum price, as is currently the case. In order to ensure an appropriate remuneration for electricity producers, investment security and the expansion of renewable energy, technology-dependent prices are necessary. Article 1 is amended as follows:
Amendment 1038 #
2023/0077(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Amendment 3 #
2022/2183(INI)
Draft opinion
Recital A
Recital A
A. whereas nature and biodiversity are the foundations of food and, without strong political action to conserve and restore nature and biodiversity, including access to clean water and good conditions for pollinators, food security and the right to food will be irreversibly endangered;
Amendment 9 #
2022/2183(INI)
Draft opinion
Recital A a (new)
Recital A a (new)
Aa. whereas the climate and biodiversity crisis is a direct threat to food production through extreme weather events (including exceptional droughts in Southern Europe), rapidly changing farming conditions and by spurring conflicts over scarce resources;
Amendment 22 #
2022/2183(INI)
Draft opinion
Recital A b (new)
Recital A b (new)
Ab. whereas Russia’s unprovoked and illegal invasion of Ukraine has resulted in severe loss of lives and livelihood as well as environmental and material damages while also disrupting food security both in Ukraine and globally;
Amendment 30 #
2022/2183(INI)
Draft opinion
Recital A c (new)
Recital A c (new)
Ac. whereas land used for livestock and animal feedstock production occupies nearly 80% of global agricultural land while producing less than 20% of the world’s supply of calories;
Amendment 34 #
2022/2183(INI)
Draft opinion
Recital A d (new)
Recital A d (new)
Ad. whereas the UN identifies the current global food system as the primary driver of the loss of biodiversity, wildlife and habitat;
Amendment 54 #
2022/2183(INI)
Draft opinion
Paragraph 1
Paragraph 1
1. Supports the just and urgent transition to agro- ecological practices and organic farming that require less or no fertilisers to enable the European Union to break the vicious circle of dependence on Russian imports of especially fertilisers and fossil fuels; reiterates its full support for the European Green Deal and the ambitions, targets and goals of the farm to fork, biodiversity and zero-pollution strategies; welcomes their published and announced legislative proposals, including those related to the reduction in the use of pesticides and their associated risks and the setting of EU food waste reduction targets which will be crucial to safeguard long- term sustainability of food production by e.g. protecting pollinators;
Amendment 73 #
2022/2183(INI)
Draft opinion
Paragraph 1 a (new)
Paragraph 1 a (new)
1a. Is convinced that by speeding up the just green transition, the European Green Deal will contribute to greater food security and reminds that any short-term or interim solutions always run the risk of switching one dependence for another in the long-term;
Amendment 97 #
2022/2183(INI)
Draft opinion
Paragraph 2
Paragraph 2
2. Calls for the strict application of the One Health principle to link human health, animal health and environmental issues in all policies that affect the availability and accessibility of food; stresses that food safety must never be jeopardised and emphasises the importance of steering policies in a just and socioeconomically fair way towards promoting nutritional, affordable and long-term sustainably produced food in line with nature-based solutions and for proper and transparent labelling to facilitate healthy choices by the consumer;
Amendment 116 #
2022/2183(INI)
Draft opinion
Paragraph 3
Paragraph 3
3. Highlights that the availability of plant proteins, if consumed directly, is more than sufficient to meet global protein needs; acknowledges the positive impact that plant-based diets have on humans, animals, the planet and food security; Calls on the commission to promote plant based diets and steer up its production; stresses that reducing the number and density of farmed animals can effectively combat the climate and biodiversity crises, decrease the risk of zoonotic diseases and contribute to food security in the short and long terms: Highlights that land used for livestock and animal feedstock production occupies nearly 80% of global agricultural land while producing less than 20% of the world’s supply of calories;
Amendment 157 #
2022/2183(INI)
Draft opinion
Paragraph 5
Paragraph 5
5. Reiterates its position on new genomic breeding techniques1 ; regrets the biased nature of the current impact assessment and calls on the Commission to restart the process in an inclusive manner; calls on the Commission to properly assess the long-term practical consequences on health, biodiversity and social inclusion of approving GMOs targeted at increasing resistance against pesticides; __________________ 1 Resolution of 20 October 2021 on a farm to fork strategy for a fair, healthy and environmentally-friendly food system. OJ C 184, 5.5.2022, p. 2.
Amendment 169 #
2022/2183(INI)
Draft opinion
Paragraph 6
Paragraph 6
6. IHighlights how conflict, the climate and biodiversity crisis and the pandemic have been turning points for a previously declining world hunger, now affecting around 10% of the world population; is concerned that the resumption of Ukrainian grain exports mainly benefits Western feed and livestock industries instead of alleviating pressures in the Global South2 ; __________________ 2 https://ruralsociologywageningen.nl/2022/1 1/11/crisis-and-capitalism-a-deep-dive- into-the-black-sea-grain-initiative-and-the- global-politics-of-food/
Amendment 171 #
2022/2183(INI)
Draft opinion
Paragraph 6 a (new)
Paragraph 6 a (new)
6a. Highlights the adverse gender impacts of rising food insecurity as women tend to cut back on their food consumption in times of food shortage and women and girls account for 60% of the undernourished; notes that 60% of women living in Africa south of Sahara work in the agricultural sector and are highly susceptible to a changing climate for its food and water security;
Amendment 178 #
2022/2183(INI)
Draft opinion
Paragraph 7
Paragraph 7
7. Calls for a strategy to regionalise the supply chain of the most important commodities, including GM-free animal feed for which Ukraine was previously a key source, in light of current geopolitical tensions, while also supporting food autonomy in third countries, and to ensure the supply of local and sustainable plant proteins;
Amendment 197 #
2022/2183(INI)
Draft opinion
Paragraph 9
Paragraph 9
9. Considers it irresponsible that the EU continues to support environmentally harmful and cruel practices under the common agricultural policy and common fisheries policy. and regrets that the €100 billion of CAP funds attributed during 2014-2020 to climate action had little impact on agricultural emissions, which have not changed significantly since 20102a; calls on the Commission to develop a roadmap to reduce methane emissions from the agricultural sector by 2030 in line with the Global Methane Pledge. __________________ 2a https://www.eca.europa.eu/en/Pages/DocI tem.aspx?did=58913
Amendment 206 #
2022/2183(INI)
Draft opinion
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Stresses that food security also includes the aspects of food safety and nutrition and should be seen in a short-, mid- and long-term perspective;
Amendment 241 #
2022/0396(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 37
Article 3 – paragraph 1 – point 37
Amendment 305 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Recyclable pPackaging shall, from 1 January 2030, comply with the design for recycling criteria as laid down in the delegated acts adopted pursuant to paragraph 4 and, from 1 January 2035, also with the recyclability at scale requirements laid down in the delegated acts adopted pursuant to paragraph 6. Where such packaging complies with those delegated acts, it shall be considered to comply with paragraph 2, points (a) and (e).
Amendment 336 #
2022/0396(COD)
Proposal for a regulation
Article 6 – paragraph 9
Article 6 – paragraph 9
Amendment 532 #
2022/0396(COD)
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. By 31 December 2025, the Commission shall adopt delegated acts in accordance with Article 58 in order to supplement the provisions laid down in point 2 of Annex V. The Commission shall consider the list of fresh fruit and vegetables laid down in part IX of Annex I of Regulation No 1308/2013 and assess where the restriction on the market of the packaging in the format and for the purposes listed in point 2 of Annex V would create water loss or turgidity loss, microbiological hazards or physical shocks.
Amendment 565 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 2 – point a
Article 26 – paragraph 2 – point a
(a) from 1 January 2030, 20at least 25 % of those beverages are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 577 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – introductory part
Article 26 – paragraph 3 – introductory part
3. A final distributor that is conducting its business activity in the HORECA sector and that is making available on the market within the territory of a Member State in sales packaging take- away ready-prepared food, intended for immediate consumption without the need of any further preparation, and typically consumed from the receptacle, shall ensure that:
Amendment 584 #
2022/0396(COD)
Proposal for a regulation
Article 26 – paragraph 3 – point a
Article 26 – paragraph 3 – point a
(a) from 1 January 2030, 10at least 15 % of those products are made available in reusable packaging within a system for re- use or by enabling refill;
Amendment 794 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point a
Article 44 – paragraph 1 – point a
(a) single use glass, metal and plastic beverage bottles with the capacity of up to three litres; and
Amendment 797 #
2022/0396(COD)
Proposal for a regulation
Article 44 – paragraph 1 – point b
Article 44 – paragraph 1 – point b
(b) single use metalglass, metal and plastic beverage containers with a capacity of up to three litres.
Amendment 845 #
2022/0396(COD)
Proposal for a regulation
Annex V – table – row 1 and 2
Annex V – table – row 1 and 2
Packaging Illustrative Restricted use format example Plastic packaging used at retail level to Collation group goods sold in bottles, cans, tins, pots, tubs, films, shrink Single-use tubs, and packets designed as convenience wrap 1. plastic grouped packaging to enable or encourage end users packaging to purchase more than one product. This excludes grouped packaging necessary to facilitate handling in distribution. Single use Nets, bags, plastic trays, packaging, containers Single use packaging for less than 1.5 kg single use containers single use fresh fruit and vegetables, unless there is a composite 2. demonstrated need to avoid water loss or 2. packaging or turgidity loss, microbiological hazards or other single physical shocks. use packagingphysical shocks as defined in the delegated use packaging act adopted in article 22 paragraph 2a. for fresh fruit and vegetables
Amendment 55 #
2022/0345(COD)
Proposal for a directive
Recital 3
Recital 3
(3) In 2019, the Commission performed an evaluation of Council Directive 91/271/EEC under the Regulatory Fitness and Performance Programme38(the ‘evaluation’). It became apparent from that exercise that certain provisions of the Directive needed to be updated. Three important sources of remaining load of pollution from urban wastewater that could be avoided were identified, namely storm water overflows and urban runoff, potentially mal- functioning individual systems (i.e. systems treating domestic wastewater that is not entering collecting systems) and small agglomerations that are currently not completely covered by Directive 91/271/EEC. Those three sources of pollution constitute a significant pressure on surface water bodies in the Union. Moreover, the report of the evaluation also highlighted the need to improve the transparency and governance of the urban wastewater activities, to seize the opportunity offered by the urban wastewater treatment sector to use its potential for renewable energy development and make tangible steps towards energy neutrality as a contribution to climate neutrality and to harmonise urban wastewater surveillance of health parameters, such as the COVID-19 virus and its variants, as a support for public health action. The wastewater sector is one of the four main sectors responsible for methane emissions, next to agriculture, energy and waste.Therefore the Commission should propose by 2025 in line with the Methane Pledge of COP26 a roadmap on reducing methane emissions by 2030.The wastewater sector should be climate neutral by 2050 at the latest, in line with the UN Race to Zero campaign and the European Climate Law. _________________ 38 Commission Staff Working Document, Executive Summary of the Evaluation of the Council Directive 91/271/EEC of 21 May 1991, concerning urban waste-water treatment (SWD(2019) 701 final).
Amendment 93 #
2022/0345(COD)
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) It is of great importance that the Commission takes the enormous difficulties and challenges for wastewater treatment into account, such as in the revision of Regulation EC/1907/2006 on the Registration, Evaluation and Authorisation of Chemicals (the ‘REACH Regulation’) regarding the phase out of per- and polyfluoroalkyl substances (PFAS). In its communication of 14 October 2020 entitled "Chemical Strategy for Sustainability Towards a Toxic-Free Environment", the Commission pointed out that PFAS require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the Union and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs, and it set the objective to phase out PFAS in the Union, unless it is proven essential for society.
Amendment 119 #
2022/0345(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Micro and nanoplastic pollution is often caused by dyeing and washing processes of synthetic textiles as synthetic microfibers are released into wastewater. Most micro-plastics from textiles are released during the first five to ten washes, which only solidifies the link between fast fashion and micro-plastic pollution. Measures are needed to reduce the amount of micro-plastics released during industrial wet processing and washing and drying by industry and consumers.
Amendment 132 #
2022/0345(COD)
Proposal for a directive
Recital 14
Recital 14
(14) Exonerations from the extended producer responsibility obligations should nevertheless be possible where products are placed on the market in small quantities, i.e. less than 21 tonnes of products, since the additional administrative burden for the producer would in such cases be disproportionate compared to the environmental benefits. Exonerations should also be possible when the producer can demonstrate that no micro-pollutants are generated at the end of life of a product. It might be the case for instance where it can be proven that the residues from a product are rapidly biodegradable in the wastewaters and the environment or not reaching the urban wastewater treatment plants. The Commission should be empowered to adopt implementing acts to establish detailed criteria to identify the products placed on the market that do not generate micro-pollutants in wastewaters at the end of their life. When developing these criteria, the Commission should take into account scientific or other available technical information, including relevant international standards.
Amendment 159 #
2022/0345(COD)
Proposal for a directive
Recital 18
Recital 18
(18) In order to ensure the protection of the environment and human healtealth in line with the One Health approach, Member States should ensure that the collecting system and urban wastewater treatment plants built to comply with the requirements of this Directive are designed, constructed, operated, and maintained to ensure sufficient performance under all normal local climatic conditions.
Amendment 171 #
2022/0345(COD)
Proposal for a directive
Recital 21
Recital 21
(21) In order to ensure the protection of the environment, direct discharges of biodegradable non-domestic wastewater into the environment from certain industrial sectors should be subject to prior authorisation on national level and appropriate requirements. Those requirements should ensure that direct discharges from certain industrial sectors are subject to secondary, tertiary and quaternary treatment as necessary for the protection of human healtealth in line with the One Health approach and the environment.
Amendment 177 #
2022/0345(COD)
Proposal for a directive
Recital 23 a (new)
Recital 23 a (new)
(23a) This Directive acknowledges the 'One Health' approach as recognised by the World Health Organization, an integrated and unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. The 'One Health' approach recognises that the health of humans, domestic and wild animals, plants, and the wider environment, including ecosystems, are closely interlinked and interdependent. It is therefore appropriate to lay down that wastewater treatment should encompass avoiding adverse health effects including epidemics, and to respect the right to a clean, healthy and sustainable environment. In respect to the G7 commitment to acknowledge the rapid rise in Antimicrobial Resistance (AMR) at the global scale, it is necessary to promote the prudent and responsible use of antibiotics in human and veterinary medicines.
Amendment 183 #
2022/0345(COD)
Proposal for a directive
Recital 24
Recital 24
(24) In order to protect the environment and human healtealth in line with the One Health approach, Member States should identify the risks caused by urban wastewaters management. On the basis of that identification, and where necessary to comply with the requirements of the Union water legislation, Member States should take more stringent measures for the urban wastewater collection and treatment than the measures required to comply with the minimum requirements set out in this Directive. Depending on the situation, those more stringent measures can include, inter alia, the establishment of collecting systems, the development of integrated urban wastewater management plans or the application of secondary, tertiary or quaternary treatment to urban wastewater for agglomerations or urban wastewater treatment plants that do not reach the p.e. thresholds triggering the application of the standard requirements. They can also include more advanced treatment than the treatment necessary to respect the minimum requirements or disinfection of treated urban wastewaters necessary to comply with Directive 2006/7/EC of the European Parliament and of the Council55. _________________ 55 Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (OJ L 64, 4.3.2006, p. 37).
Amendment 189 #
2022/0345(COD)
Proposal for a directive
Recital 25
Recital 25
(25) Sustainable Development Goal 6 and the associated target requiring Member States to ‘achieve access to adequate and equitable sanitation and hygiene for all and end open defecation, paying special attention to the needs of women and girls and those in vulnerable situations’ by 2030.56Furthermore, Principle 20 of the European Pillar of Social Rights57states that everyone has the right to access essential services of good quality, including water and sanitation. Against that background, and in accordance with the recommendations in the WHO Guidelines for Sanitation and Health58and the provisions of the Protocol on Water and Health59Member States should tackle the issue of access to sanitation at national level. That should be done through actions aimed at improvensuringaccess to sanitation for all, for example by setting up sanitation facilities in public spaces, as well as by encouraging the availability of appropriate sanitation facilities in public administrations and public buildings free of charge and\or making them affordable to all. Sanitation facilities should allow the safe management and disposal of human urine, faeces and menstrual blood. They should be safely managed, which implies that they should be accessible to all at all times, including for people with particular needs, such as children, older persons, persons with disabilities and homeless people, that they should be placed in a location that ensures minimal risk to the safety of users, and that they should be hygienically and technically safe to use. Such facilities should also be sufficient in number to ensure that the needs of people are met and waiting times are not unreasonably long. _________________ 56 Resolution adopted by the United Nations General Assembly on 25 September 2015 (A/70/L.1) 57 Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions Establishing a European Pillar of Social Rights (COM/2017/0250 final). 58 WHO Guidelines on Sanitation and Health, 2018. 59 Protocol on Water and Health to the 1992 Convention on the Protection and Use of Transboundary Watercourses and International Lakes, 17 June 1999.
Amendment 207 #
2022/0345(COD)
Proposal for a directive
Recital 31 a (new)
Recital 31 a (new)
(31a) The financement of the quaternary treatment however should be financed fully by the polluting sectors through the national EPR schemes and not transferred onto citizens through water bills. As an additional measure in line with implementation assessment the European Commission should ensure that appropriate financial means are provided for wastewater treatment to ensure complex fulfilment of this Directive through all Member States through the investment programs of the next Multiannual Financial Framework (MFF, post-2027) such as the European Regional and Development Fund and the Cohesion Fund (ERDF-CF) and if necessary creation of the special Water industry transition fund to leave no-one behind.
Amendment 223 #
2022/0345(COD)
Proposal for a directive
Recital 38
Recital 38
(38) Pursuant to the Interinstitutional Agreement on Better Law-Making68, the Commission should carry out an evaluation of this Directive within a certain period of time from the date set for its transposition. That evaluation should be based on experience gained and data collected during the implementation of this Directive, on any available WHO recommendations, and on relevant scientific, analytical, and epidemiological data. In the evaluation, particular attention should be given to the possible necessity to adapt of the list of products to be covered by extended producer responsibility according to the evolution of the range of products placed on the market, the improvement of knowledge on the presence of micro-pollutants in the wastewaters and their impacts on public health and the environment, and data from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants. In taking the relevant measures at Union and national level to achieve the zero pollution objective for water pollution, Member States, the European Parliament, the Council and the Commission should be guided by the ‘precautionary principle’ and the ‘polluter pays principle’ established in the Treaty on the Functioning of the European Union, and the ‘do no harm’ principle of the European Green Deal. _________________ 68 Interinstitutional Agreement between the European Parliament, the Council of the European Union and the European Commission on Better Law-Making (OJ L 123, 12.5.2016, p. 1–14).
Amendment 238 #
2022/0345(COD)
Proposal for a directive
Article 1 – paragraph 1
Article 1 – paragraph 1
This Directive lays down rules on the collection, treatment, and discharge of urban wastewater , to protect the environment and human healtealth in line with the One Health approach while progressively eliminating greenhouse gas emissions and improving the energy balance of urban wastewater collection and treatment activities. It also lays down rules for the implementation of the extended producer responsibility on access to sanitation, on transparency of the urban wastewater sector and on the regular surveillance of public health relevant parameters in urban wastewaters . .
Amendment 323 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19
Article 2 – paragraph 1 – point 19
(19) '‘Producer Responsibility Organisation’ means an organisation established collectively by producers and controlled by the responsible public body for the purpose of fulfilling their obligations under Article 9;
Amendment 325 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19a) ‘polluter pays principle’ means a principle according to which polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 339 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 21 a (new)
Article 2 – paragraph 1 – point 21 a (new)
(21a) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 340 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘public concerned’ means the public affected or likely to be affected by, or having an interest in, the decision- making procedures for the implementation of the obligations laid down in this Directive, including non-governmental organisations promoting the protection of human healtealth in line with the One Health approach or the environment;
Amendment 352 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 a (new)
Article 2 – paragraph 1 – point 24 a (new)
(24a) ‘direct greenhouse gas emission’ means emission that occurs from sources that are owned or controlled by the urban wastewater treatment plant and collecting systems and include process gas emission such as nitrous oxide and methane.
Amendment 358 #
2022/0345(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 24 b (new)
Article 2 – paragraph 1 – point 24 b (new)
(24b) `indirect greenhouse gas emission´ means emission from the generation of purchased electricity brought into the urban wastewater treatment plant and collection systems and its operation.
Amendment 423 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point a
Article 5 – paragraph 2 – subparagraph 1 – point a
(a) storm water overflow or urban runoff poses a risk to the environment or human healtealth in line with the One Health approach;
Amendment 430 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 2 – subparagraph 1 – point b
Article 5 – paragraph 2 – subparagraph 1 – point b
(b) storm water overflow represents more than 1 % of the annual collected urban wastewater load in regards to the chemical oxygen demand (COD), calculated ion dry weather conditionsflow;
Amendment 460 #
2022/0345(COD)
Proposal for a directive
Article 5 – paragraph 6 a (new)
Article 5 – paragraph 6 a (new)
6a. Member States shall ensure to increase green space in urban areas in line with the EU platform for urban greening [and Article 6 on Restoration of urban ecosystems in the Regulation on nature restoration] in order to reduce storm water overflows based on natural solutions.
Amendment 542 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point a
Article 7 – paragraph 5 – point a
(a) 82,590 % for total phosphorus and 870 % for total nitrogen at a temperature of 12 °C by 31 December 2035 ;
Amendment 543 #
2022/0345(COD)
(a) 82,5 % for total phosphorus and 8075 % for total nitrogen at a temperature of 12°C by 31 December 2035;
Amendment 549 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) 90 % for total phosphorus and 850 % for total nitrogen by 31 December 2040at a temperature of 12°C by 31 December 2040. Days during which the effluent temperature falls below 12°C are not relevant for the calculation of nitrogen removal.
Amendment 550 #
2022/0345(COD)
Proposal for a directive
Article 7 – paragraph 5 – point b
Article 7 – paragraph 5 – point b
(b) 905 % for total phosphorus and 850 % for total nitrogen at a temperature of 12 °C by 31 December 2040.
Amendment 594 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
On 31 December 2030, Member States shall have established a list a list of areas on their national territory where the concentration or the accumulation of micro-pollutants and micro-plastics represents a risk for human healtealth in line with the One Health approach or the environment. Member States shall review that list every five years thereafter and update it if necessary.
Amendment 604 #
2022/0345(COD)
Proposal for a directive
Article 8 – paragraph 2 – subparagraph 2 – introductory part
Article 8 – paragraph 2 – subparagraph 2 – introductory part
The list referred to in the first subparagraph shall include the following areas, unless the absence of risk for human healtealth in line with the One Health approach or the environment in those areas can be demonstrated based on a risk assessment:
Amendment 657 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1
Article 9 – paragraph 1 – subparagraph 1
Member States shall take measures to ensure that producers who place any of the products listed in Annex III on the market have the full extended producer responsibility in line with the polluters pay principle.
Amendment 665 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 1 a (new)
Article 9 – paragraph 1 – subparagraph 1 a (new)
The realisation of the extended producer responsibility will be carried out through the establishment of extended responsibility schemes not later than 12 months after the date of entry into force of this Directive.
Amendment 673 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point a
Article 9 – paragraph 1 – subparagraph 2 – point a
(a) the full costs for complying with the requirements set out in Article 8, including the costs for the acquisition, implementation and operation of the quaternary treatment of urban wastewater to remove micro-pollutants resulting from the products and their residues they place on the market, for the monitoring of micro- pollutants referred to in Article 21(1), point (a); and
Amendment 685 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 1 – subparagraph 2 – point c a (new)
Article 9 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) other costs in connection with the risk assessments for the areas as referred to in Article 8 (2).
Amendment 712 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
(a) the quantity of the product they place on the market is below 21 tonnes at Union level per year;
Amendment 746 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
Member States shall ensure that producers referred to in paragraph 1 exercise their extended producer responsibility collectively by adhering to a producer responsibility organisation. Member States shall ensure that the producer responsibility organisations are controlled by a public body according to the rules set in Article 10 (3).
Amendment 753 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point a – introductory part
Article 9 – paragraph 4 – subparagraph 2 – point a – introductory part
(a) the producers referred to in paragraph 1 are required to once every year provide the producer responsibility organisations and their controlling public body with the following:
Amendment 792 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 2 – point d a (new)
Article 9 – paragraph 4 – subparagraph 2 – point d a (new)
(da) Member States shall ensure that the producer responsibility organisations are controlled by a public body according to the rules set in Article 10 (3).
Amendment 801 #
2022/0345(COD)
Proposal for a directive
Article 9 – paragraph 5 – point c a (new)
Article 9 – paragraph 5 – point c a (new)
(ca) the financial contribution of the producers is earmarked for the costs mentioned in paragraph 1 and the treatment plant operators can access the funds according to their investment cycles and needs.
Amendment 816 #
2022/0345(COD)
Proposal for a directive
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall establish an adequate monitoring and enforcement framework to ensure that producer responsibility organisations fulfill their obligations in a transparent manner, that the financial means of producer responsibility organisations are properly used, that any investment in the wastewater treatment plants is made independently and uninfluenced by the producer organisations and that all actors having extended producer responsibility report reliable data to the competent authorities and, when requested, to the producer responsibility organisations. The competent authorities shall communicate and exchange the necessary data with other competent authorities on a regular basis, at least every 6 months, in order to fulfil the requirements.
Amendment 824 #
2022/0345(COD)
Proposal for a directive
Article 10 – paragraph 4 – introductory part
Article 10 – paragraph 4 – introductory part
4. Member State shall ensure that the producers established on the territory of another Member State or in a third country and placing products on its market:
Amendment 840 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 1 – introductory part
Article 11 – paragraph 1 – introductory part
1. Member States shall ensure that energy audits of urban wastewater treatment plants and collecting systems are carried out every four years. Those audits shall be carried out in accordance with Article 8 of Directive 2012/27/EU and include an identification of the potential for cost-effective use or production of renewable energy, with a particular focus to identify and utilise the potential for biogassewage production, while reducing methane and nitrous oxide emissions. The first audits shall be carried out:
Amendment 874 #
2022/0345(COD)
Proposal for a directive
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member States shall ensure that the total annual electric and heat energy from renewable sources, as defined in Article 2(1) of Directive (EU) 2018/2001, produced at national level by urban wastewater treatment plants treating a load of 10 000 p.e. and above is equivalent to at least:
Amendment 926 #
2022/0345(COD)
Proposal for a directive
Article 11 a (new)
Article 11 a (new)
Article11a Climate neutrality of urban wastewater treatment plants and Union methane emission reduction target 1. Member States shall ensure that urban wastewater treatment plants achieve climate neutrality at operator level by 2050 at the latest in line with the overall objective of the European Climate Law and as part of the UN Race To Zero campaign. 2. In accordance with the long-term temperature goal set out in point (a) of Article 2(1) of the Paris agreement, with the target of net zero greenhouse gas emissions by 2050 at the latest set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’) and with the Global Methane Pledge goal of cutting global anthropogenic methane emissions by at least 30% by 2030 from 2020 levels, the Commission shall propose by 31 December 2025 and based on an impact assessment, a 2030 Union binding methane emission reduction target covering all relevant emitting sectors including energy, agriculture, waste and wastewater. 3. In accordance with paragraph 2, Member States shall collectively ensure that methane emissions from the energy sector in the Union are reduced by 2030 to a level that will capture the social benefits of methane mitigation at less than their costs. 4. Each Member State shall set national methane emissions reduction targets as referred to in paragraph 3 as part of their integrated national energy and climate plans in accordance with Articles 3 to 5 and 9 to 14 of Regulation (EU) 2018/1999. If, on the basis of the assessment of the first update of the integrated national energy and climate plans submitted pursuant to Article 14 of Regulation (EU) 2018/1999, the Commission concludes that the national contributions of the Member States are insufficient for the collective achievement of the Union target, it shall propose measures and exercise its powers at Union level in order to ensure the collective achievement of the target referred to in paragraph 3.
Amendment 953 #
2022/0345(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. By [18 months after adoption of the Directive], Member States shall establish a list of wastewater treatment plants treating a load of 100 000 p.e. and above, and 36 months after adoption of the Directive a list of wastewater treatment plants treating a load of 10 000 p.e. and above where a quantified, time- bound Water Reuse Plan must be deployed for municipal, industrial, agricultural, and environmental uses, taking into account climate change projections on the availability of water, to alleviate the pressures on the quantitative status of groundwater bodies as referred to in Directive 2000/60/EC, and surface water bodies in which treated urban waste water is discharged. Member States shall systematically promote the reuse of treated wastewater from all urban wastewater treatment plants. Where treated wastewater is reused for agricultural irrigation, it shall comply with the requirements established under Regulation (EU) 2020/741 .
Amendment 969 #
2022/0345(COD)
Proposal for a directive
Article 15 – paragraph 3 a (new)
Article 15 – paragraph 3 a (new)
3a. Member States shall establish by 31 December 2025 binding water reuse targets at Member States level accompanied with an action plan laying out a set of measures in achieving them by 1 January 2028 in line with the Energy Performance of Buildings Directive (EPBD), taking into account the One Health approach.
Amendment 972 #
2022/0345(COD)
Proposal for a directive
Article 15 – paragraph 3 b (new)
Article 15 – paragraph 3 b (new)
3b. Member States shall take all necessary measures to anticipate and adapt their urban wastewater collection and treatment infrastructures to address increased loads of domestic wastewater, including the construction of new infrastructures where necessary.All precautionary measures shall be taken to avoid deterioration of ecological and of chemical status of affected water bodies.Member States shall be considered to comply with the objectives set out in Directive 2000/60/EC if all following criteria are met: (a) alternative ways to address the increase in domestic wastewater loads and run off loads, including the consideration of alternative points of discharge, would not produce more environmental benefits or they would involve excessive cost; (b) all technically feasible mitigation measures are set out in the authorisation of a wastewater treatment plant referred to in Articles 6, 7 and 8 and effectively implemented to minimize the impacts from urban wastewater on the affected water bodies including where so required more stringent emission controls, with the aim of meeting the objectives set out in Directive 2000/60/EC and the environmental quality standards set in accordance with Directive 2008/105/EC. Compliance with these criteria shall be demonstrated in the relevant River Basin Management Plans developed under Directive 2000/60/EC.
Amendment 984 #
2022/0345(COD)
Proposal for a directive
Article 17 – paragraph 1 – point f
Article 17 – paragraph 1 – point f
(f) any other public health parameters that are considered relevant by the European Centre for Disease Prevention and Control (ECDC) or the competent authorities of the Member States for monitoring.
Amendment 1009 #
2022/0345(COD)
Proposal for a directive
Article 18 – paragraph 1 – introductory part
Article 18 – paragraph 1 – introductory part
1. By [OP please insert the date = the last day of the second year after the date of entry in force of this Directive], Member States shall identify the risks caused by urban wastewater discharges to the environment and human healtealth in line with the One health approach and at least those related to the following:
Amendment 1047 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 1
Article 19 – paragraph 1
Member States shall take all necessary measures to improvestablish by 2028 national plans with national targets that would ensure availability of the free and safe access to sanitation for all, in particular for vulnerable and marginalised groups and by respecting the gender dimension.
Amendment 1062 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – point a
Article 19 – paragraph 2 – point a
(a) identify categories of people including Roma people and homeless persons, without access, or with limited access, to sanitation facilities, including vulnerable and marginalised groups, and provide reasons for such lack of access;
Amendment 1072 #
2022/0345(COD)
Proposal for a directive
Article 19 – paragraph 2 – point c
Article 19 – paragraph 2 – point c
(c) for all agglomerations of 10 000 p.e. and above, encouragfinalise the establishment of a sufficient number of sanitation facilities in public spaces by 1 January 2030, which are freely and, in particular for women, safely accessible.
Amendment 1086 #
2022/0345(COD)
Proposal for a directive
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Member States shall take the necessary measures to ensure that sludge management routes are conform to the waste hierarchy provided for in Article 4 of Directive 2008/98/EC. Such routes shall maximize prevention, re-use and recycling of resources and minimize the adverse effects on the environment. Member States shall ensure that the phosphorus in sewage sludge is recovered and recycled to high quality products, respecting the One Health approach and the waste hierarchy.
Amendment 1090 #
2022/0345(COD)
Proposal for a directive
Article 20 – paragraph 1 a (new)
Article 20 – paragraph 1 a (new)
1a. Member States shall set a strict national quality standard of sludge with maximum level of micro-plastics, heavy metals etc. to make sure that its use is safe for health especially in case such use in agriculture is permitted.
Amendment 1097 #
2022/0345(COD)
Proposal for a directive
Article 20 – paragraph 2
Article 20 – paragraph 2
2. The Commission is empowered to adopt delegated acts in accordance with the procedure referred to in Article 27 to supplement this Directive by setting out the minimum reuse and recycling rates for phosphorus and nitrogen from sludge, in order to take into account available technologies for phosphorus and nitrogen recovery in sludgewastewater and sludge. When sewage sludge incineration is employed, a minimum recovery rate for phosphorus should be set at 80%.
Amendment 1107 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
(d) the greenhouse gases produceddirect and indirect greenhouse gases imported, produced, exported (scope 1, scope 2, scope 3) by all operational activities of the urban wastewater treatment plant, and the energy used and produced by urban wastewater treatment plants and collecting systems of above 10 000 p.e.
Amendment 1110 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 1 – point d
Article 21 – paragraph 1 – point d
(d) the greenhouse gases produceddirect and indirect greenhouse gases imported, produced, exported (scope 1, scope 2, scope 3) and the energy used and produced by urban wastewater treatment plants of above 10 000 p.e.
Amendment 1127 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
Article 21 – paragraph 3 – subparagraph 1 – point b a (new)
(ba) Per- and polyfluoroalkyl substances (PFAS) and chlorothalonil
Amendment 1128 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 – subparagraph 1 – point c a (new)
Article 21 – paragraph 3 – subparagraph 1 – point c a (new)
(ca) the specific risks of mixed chemicals.
Amendment 1141 #
2022/0345(COD)
Proposal for a directive
Article 21 – paragraph 3 a (new)
Article 21 – paragraph 3 a (new)
Amendment 1152 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point e
Article 22 – paragraph 1 – point e
(e) by 31 December 2025, set up a data set containing information on all direct and indirect green house gas emissions from all operational activities with a breakdown between different gasses, emission sources, and on the total energy used and renewable energy produced by each urban wastewater treatment plant of 10 000 p.e. and above as well as a calculation of the percentage of achievement of the targets set out in Article 11(2) and update that data set annually thereafter;
Amendment 1161 #
2022/0345(COD)
Proposal for a directive
Article 22 – paragraph 1 – point i
Article 22 – paragraph 1 – point i
(i) by 31 December 2030, set up a data set containing the list of areas identified as areas where the concentration or the accumulation of micro-pollutant represents a risk for human healtealth in line with the One Health approach or the environment in accordance with Article 8(2) and update that data set every 5 years thereafter;
Amendment 1190 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 1 a (new)
Article 24 – paragraph 1 a (new)
1a. The Member States shall establish national educational programs on the harmfulness of micro-plastics and micro- pollutants and a proper way of tackling this pollution at source.
Amendment 1201 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 2 – point a
Article 24 – paragraph 2 – point a
(a) information on the compliance of the collection and treatment of urban wastewater with Articles 3, 4, 6, 7 and 8 in the form of a percentage of compliance , including a comparison between the actual releases of pollutants in receiving waters with the limit values set out in Tables 1, 2 and 3 of Annex I;
Amendment 1209 #
2022/0345(COD)
Proposal for a directive
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. Member States shall establish by 31 December 2026 on the basis of common guidance by the Commission, inter alia on harmful and significant water contamination levels, an EU alert system based upon the Cell Broadcast technology to inform the public in case of water pollution above the threshold set by Union or national legislation.
Amendment 1222 #
2022/0345(COD)
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Article 25 – paragraph 1 – subparagraph 1 – introductory part
Member States shall ensure that, in accordance with the relevant national legal system, members of the public concerned have access to a review procedure before a court of law, or another independent and impartial body established by law to challenge the substantive or procedural legality of decisions or acts or omissions subject to Articles 5, 6, 7, 8, 11, 19 or 821 of this Directive when at least one of the following conditions is met:
Amendment 1230 #
2022/0345(COD)
Proposal for a directive
Article 25 – paragraph 2
Article 25 – paragraph 2
2. Member States shall determine what what stage the decisions, acts or omissions referred to in paragraph 1 may be challengedconstitutes a sufficient interest and impairment of a right, consistent with the objective of giving the public concerned wide access to justice. To that end, nongovernmental organisations promoting environmental protection and meeting any requirements under national law shall be deemed as having a sufficient interest or having rights capable of being impaired for the purpose of paragraph 1 of this Article.
Amendment 1241 #
2022/0345(COD)
Proposal for a directive
Article 26 – paragraph 1
Article 26 – paragraph 1
1. Member States shall ensure that, where damage to human healtealth in line with the One Health approach has occurred as a result of a violation of national measures that were adopted pursuant to this Directive, the individuals affected have the right to claim and obtain compensation for that damage from the relevant natural or legal persons and, where appropriate, from the relevant competent authorities responsible for the violation.
Amendment 1245 #
2022/0345(COD)
Proposal for a directive
Article 26 – paragraph 2
Article 26 – paragraph 2
2. Member States shall ensure that, as part of the public concerned, non- governmental organisations promoting the protection of human healtealth in line with the One Health approach or the environment and meeting any requirements under national law are allowed to represent the individuals affected and bring collective actions for compensation. Member States shall ensure that a claim for a violation leading to a damage cannot be pursued twice, by the individuals affected and by the non- governmental organisations referred to in this paragraph.
Amendment 1263 #
2022/0345(COD)
Proposal for a directive
Article 29 – paragraph 2 – point c
Article 29 – paragraph 2 – point c
(c) the population or the environment affected by the violation, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of human healtealth in line with the One Health approach and the environment.
Amendment 1274 #
2022/0345(COD)
Proposal for a directive
Article 30 – paragraph 1 – subparagraph 1 – point e
Article 30 – paragraph 1 – subparagraph 1 – point e
(e) an analyse of the possible need to adapt the list of products to be covered by extended producer responsibility, in particular per- and polyfluoroalkyl substances (PFAS) to the evolution of the range of products placed on the market, improved knowledge on the presence of micro-pollutants in wastewaters and their impacts on public health and the environment, and data resulting from the new monitoring obligations on micro- pollutants in the inlets and outlets of the urban wastewater treatment plants.
Amendment 1306 #
2022/0345(COD)
Proposal for a directive
Annex I – Part D – paragraph 8
Annex I – Part D – paragraph 8
Note 2: The percentage of removal shall be calculated on dry weather flow and for at least six substances. The number of substances in category 1 shall be twice the number of substances in category 2. If less than six substances can be measured in sufficient concentration, the competent authority shall designate other substances to calculate the minimum percentage of removal when it is necessary. The average of the percentages of removal of all substances used in the calculation shall be used in order to assess whether the required 80 % minimum percentage of removal has been reached.
Amendment 1324 #
2022/0345(COD)
Proposal for a directive
Annex III – point 1
Annex III – point 1
1. Medicinal products for human and veterinary use falling within the scope of Directive 2001/83/EC of the European Parliament and of the Council80. _________________ 80 Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use (OJ L 311, 28.11.2001, p. 67–128).
Amendment 1334 #
2022/0345(COD)
Proposal for a directive
Annex III – point 2 a (new)
Annex III – point 2 a (new)
2a. Products which includes per- and polyfluoroalkyl substances (PFAS).
Amendment 1346 #
2022/0345(COD)
Proposal for a directive
Annex V – point 2 – point a – paragraph 1
Annex V – point 2 – point a – paragraph 1
an indicative mandatory objective that storm water overflow, represents no more than 1 % of the annual collected urban wastewater load in regard to the chemical oxygen demand (COD), calculated ion dry weather conditionsflow;
Amendment 1408 #
2022/0345(COD)
Proposal for a directive
Annex I - Table 3 - Row 2
Annex I - Table 3 - Row 2
Indicators Minimum percentage of removal Substances that can pollute water even at 80 %low concentrations (see Note 21) low concentrations (see 80 % calculated on dry weather flow (see Note 1) 2)
Amendment 2207 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The use of all plant protection products is prohibited on all surface waters and within 310 metres of the average shoreline over the year of such waters. This 310 metre buffer zone shall not be reduced by using alternative risk- mitigation techniques. Member States shall encourage the establishment of vegetated buffer strips along water courses.
Amendment 2222 #
2022/0196(COD)
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
3. By … [OP: please insert the date of application of this Regulation], Member States shall have in place appropriate measures to avoid deterioration of surface and groundwater status as well as coastal and marine waters and allow achievement of good surface and groundwater status, to protect the aquatic environment and drinking water supplies from the impact of plant protection products and their relevant and non-relevant metabolites to achieve, at least, the objectives set out in Directives 2000/60/EC, 2006/118/EC, 2008/105/EC, 2008/56/EC and (EU) 2020/2184.
Amendment 2227 #
2022/0196(COD)
Proposal for a regulation
Article 19 a (new)
Article 19 a (new)
Amendment 2315 #
2022/0196(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23a Occupational Health and Safety Obligations arising from this Regulation for the use, storage and disposal of plant protection products shall apply without prejudice to the minimum health and safety requirements at the workplace, as laid down by, inter alia, Council Directive 89/391/EEC, Council Directive 89/656/EEC , Council Directive 98/24/EC , Directive 2004/37/EC of the European Parliament and of the Council and Directive 2009/104/EC of the European Parliament and of the Council.
Amendment 2316 #
2022/0196(COD)
Proposal for a regulation
Article 23 b (new)
Article 23 b (new)
Article 23b Monitoring of plant protection product residues 1. Member States shall put in place national measures and arrangements for carrying out appropriate health surveillance of farmers and farm workers using chemical plant protection products, assessing whether: (a) exposure to chemical plant protection product residues is within the limits established by the European Food Safety Authority in relation to non-dietary exposures and the potential impact on human health (i.e. development of diseases), in line with Article 10 of Directive 98/24/EC and the provisions of Directive 89/391/EEC; (b) examining the efficacy of mitigation measures and protection equipment. 2. Member States shall put in place measures for carrying out comprehensive environmental monitoring of plant protection product residues in water resources, groundwater, soil, air/dust and biota among others, assessing, inter alia, whether: (a) plant protection product residues exceed the predicted environmental concentrations or those that have the potential to cause harm to human health or that of other species, via environmental indicators and methods such as farmland birds index, pollinators index, Insignia- bee, LUCAS of Soil Biodiversity and Pesticides; (b) mitigation measures are properly implemented. 3. If necessary, Member States shall propose readjustments to ensure that the use of plant protection products complies with the provisions of Article 4 of Regulation (EU) 1107/2009.
Amendment 2340 #
2022/0196(COD)
Proposal for a regulation
Article 24 – paragraph 4
Article 24 – paragraph 4
4. A distributor shall sell only non- chemical plant protection products to non-professional users. Distributors shall provide general information to non- professional users on the risks to human health and the environment of the use of plant protection products, including the information on hazards, exposure, proper storage, handling, application and safe disposal in accordance with Directive 2008/98/EC of the European Parliament and of the Council86 , and shall recommend alternative low-risk plant protection products and ways in which risks can be mitigated when using plant protection products. __________________ 86 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) and shall recommend alternative to chemical plant protection products.
Amendment 2419 #
2022/0196(COD)
Proposal for a regulation
Article 25 – paragraph 10 b (new)
Article 25 – paragraph 10 b (new)
Amendment 2520 #
2022/0196(COD)
Proposal for a regulation
Article 28 a (new)
Article 28 a (new)
Amendment 2521 #
2022/0196(COD)
Proposal for a regulation
Article 28 b (new)
Article 28 b (new)
Article 28b Advertising of plant protection products 1. For the purposes of this Article, ‘advertising of plant protection products’ shall include any form of door-to-door information, canvassing activity or inducement designed to promote the supply, sale or use of plant protection products; it shall include in particular: (a) the advertising of plant protection products to the general public; (b) advertising of plant protection products to persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (c) visits by producers of plant protection product to persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (d) the supply of samples; (e) the provision of inducements to retail, use, or provide advice on plant protection products by the gift, offer or promise of any benefit or bonus, whether in money or in kind; (f) sponsorship of promotional meetings attended by persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26; (g) sponsorship of scientific congresses attended by persons qualified to retail, use plant protection products, or provide advice in accordance with Article 26, and in particular payment of their travelling and accommodation expenses in connection therewith. 2. Advertising of chemical plant protection products to the general public is prohibited. 3. Member States shall prohibit or restrict the advertising of plant protection products consisting of practices listed in paragraph 1, points (b) to (g). 4. The provisions of this Article shall apply without prejudice to labelling and other advertising requirements under Regulation (EU) No 1107/2009.
Amendment 2598 #
2022/0196(COD)
Proposal for a regulation
Article 32
Article 32
Amendment 2720 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 1 a (new)
Article 42 – paragraph 1 a (new)
1a. The Commission shall, additionally, assess the following issues: (a) whether advances in scientific data concerning uses and risks associated with spraying plant protection products using unmanned aircrafts allow to conclude whether this method may result in negative environmental and health impacts or whether the potential benefits of aerial spraying by unmanned aircraft warrants a review of this Regulation to allow for their use under certain specifications; (b) whether the report from the Commission to the European Parliament and the Council on the sustainable use of biocides pursuant to Article 18 of Regulation (EU) No 528/2012 and subsequent actions as set out in the conclusions of this report are fit for purpose to ensure a sustainable use of biocidal products and subsequently whether the scope of this Regulation should be extended to biocidal products; c. whether reduction of the use of plant protection products and full implementation of integrated pest management should become a specific objective of the post-2027 Common Agricultural Policy by evaluating, inter alia, whether Common Agricultural Policy payments should be linked to evidence on the implementation of integrated pest management and a reduction in the use of plant protection products in accordance with this Regulation.
Amendment 2724 #
2022/0196(COD)
Proposal for a regulation
Article 42 – paragraph 2 a (new)
Article 42 – paragraph 2 a (new)
Amendment 2764 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 1
Annex I – paragraph 1 – subparagraph 1 – point 1
1. The methodology shall be based on statistics on the quantities of chemical active substances placed on the market in plant protection products under Regulation (EC) No 1107/2009, provided to the Commission (Eurostat) under Annex I to Regulation (EC) No 1185/2009 of the European Parliament and of the Council91 and on reference hectare application rates calculated by Member States for each active substance on the basis of the maximum dose per hectare in each application, that is set by member states for plant protection products placed on the market containing the respective active substances, in accordance with Article 31 (3) of Regulation (EC) No 1107/2009. __________________ 91 Regulation (EC) No 1185/2009 of the European Parliament and of the Council of 25 November 2009 concerning statistics on pesticides (OJ L 324, 10.12.2009, p. 1).
Amendment 2768 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point a
Annex I – paragraph 1 – subparagraph 1 – point 2 – point a
(a) progress shall be calculated on the basis of the categorisation of chemical active substances into the 4 groups set out in the Table in this Annex and the corresponding weighting factors;
Amendment 2773 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point f a (new)
Annex I – paragraph 1 – subparagraph 1 – point 2 – point f a (new)
(fa) Reference hectare application rates for a given chemical active substance shall be calculated as follows: (i) For plants or plant products for which plant protection products containing the active substance concerned are approved, the maximum doses per hectare of the active substance shall be calculated from the maximum doses per hectare of the corresponding plant protection products that have been established for each application in accordance with Article 31(3) of Regulation (EC) No 1107/2009. (ii) For plants or plant products for which more than one plant protection product is approved, and for which therefore different maximum doses per hectares are calculated, the highest calculated value shall be used as the maximum dose per hectare of the active substance. (iii) The reference hectare application rate of an active substance shall be calculated as the weighted arithmetic mean of the maximum doses per hectare of the active substance for all plants and plant products for which plant protection products containing the active substance are authorised, with weighting factors corresponding to the number of plant protection products authorised for the plants or plant products concerned.
Amendment 2774 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 2 – point f b (new)
Annex I – paragraph 1 – subparagraph 1 – point 2 – point f b (new)
(fb) Chemical active substances that are not contained in plant protection products applied to agricultural production areas are not covered by the methodology described here.
Amendment 2777 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 1
Annex I – paragraph 1 – subparagraph 1 – point 3 – paragraph 1
Progress towards achieving reduction target 1 shall be calculated by multiplydividing the annual quantities of active substances in plant protection products placed on the market for each group in the Table in this Annex by the relevant reference hectare application rate and multiplying by the relevant hazard weighting set out in row (iii), followed by the aggregation of the results of these calculations.
Amendment 2784 #
2022/0196(COD)
Proposal for a regulation
Annex I – Section 1 – Table 1 – Row 3
Annex I – Section 1 – Table 1 – Row 3
(ii) Hazard Weightings applicable to quantities of chemical active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 standardized by the mean application rate per hectare of its representative uses evaluated in the approval procedure under Regulation (EC) No 1107/2009
Amendment 2790 #
2022/0196(COD)
Proposal for a regulation
Annex I – Section 1 – Table 1 – Row 4
Annex I – Section 1 – Table 1 – Row 4
(iii) 1 8 16 64 * *the weighing factor associated with the last group assignment before loss of approval
Amendment 2800 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 6
Annex I – paragraph 1 – subparagraph 1 – point 6
6. The CommissionMember States shall calculate the progress towards achieving reduction target 1 in accordance with Article 34(2) of this Regulation for each calendar year and at the latest 20 months after the end of the year for which progress towards the reduction target 1 is being calculated.
Amendment 2802 #
2022/0196(COD)
Proposal for a regulation
Annex I – paragraph 1 – subparagraph 1 – point 6 a (new)
Annex I – paragraph 1 – subparagraph 1 – point 6 a (new)
6a. Member States shall report the trends in progress towards achieving their 2030 reduction targets to the Commission on an annual basis.
Amendment 2906 #
2022/0196(COD)
(ii) Hazard weightings applicable to quantities of active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 standardized by the mean application rate per hectare of its representative uses evaluated in the approval procedure under Regulation (EC) No 1107/2009
Amendment 2912 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 2 – Table 1 – Row 4
Annex VI – Section 2 – Table 1 – Row 4
(iii) 1 8 16 64 * *the weighing factor associated with the last group assignment before loss of approval
Amendment 2928 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 3
Annex VI – Section 3 – Table 2 – Row 3
(ii) Hazard weightings applicable to quantities of active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 standardized by the mean application rate per hectare of its representative uses evaluated in the approval procedure under Regulation (EC) No 1107/2009
Amendment 2934 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 3 – Table 2 – Row 4
Annex VI – Section 3 – Table 2 – Row 4
(iii) 1 8 16 64 * *the weighing factor associated with the last group assignment before loss of approval
Amendment 2948 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 3
Annex VI – Section 4 – Table 3 – Row 3
(ii) Hazard weightings applicable to quantities of active substances placed on the market in products authorised under Regulation (EC) No 1107/2009 standardized by the mean application rate per hectare of its representative uses evaluated in the approval procedure under Regulation (EC) No 1107/2009
Amendment 2956 #
2022/0196(COD)
Proposal for a regulation
Annex VI – Section 4 – Table 3 – Row 4
Annex VI – Section 4 – Table 3 – Row 4
(iii) 1 8 16 16 * 64 *the weighing factor associated with the last group assignment before loss of approval l
Amendment 114 #
2022/0099(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The European Green Deal launched a new growth strategy for the Union that aims to transform the Union into a fair and prosperous society with a modern, resource-efficient and competitive economy. It reaffirms the Commission’s ambition to increase its climate targets and make Europe the first climate-neutral and zero-pollution continent by 2050 at the latest and aims to protect the health and well-being of citizens from environment- related risks and impacts. Furthermore, the EU is committed to the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. Regulation (EU) 2021/1119 of the European Parliament and of the Council (‘European Climate Law’)1a, the 8th Environmental Action Programme, and the 2030 Agenda for Sustainable Development and its Sustainable Development Goals. _________________ 1a Regulation (EU) 2021/1119 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).
Amendment 121 #
2022/0099(COD)
Proposal for a regulation
Recital 5 a (new)
Recital 5 a (new)
(5 a) Ambitions to reduce GHG emissions including the emissions of fluorinated gases should be stepped up. By 2050, the International Energy Agency (IEA) expects the number of air conditions in the world to quadruple. Air condition alone could account for half a degree of global warming. Most households in hot countries today have not yet brought their first air condition. Air-conditioning needs to be hyper efficient, pollutant-free, affordable, and well maintained
Amendment 127 #
2022/0099(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) To ensure coherence with the reporting requirements under the Protocol, global warming potentials of HFCs should be calculated in terms of the 100-year global warming potential of one kilogram of a gas relative to one kilogram of CO2 based on the Fourth Assessment Report adopted by the IPCC. For other substances, the most recent IPCC Assessment Report should be used. Where available, the 20- year global warming potential should be provided to better inform about the climate impacts of the substances covered by this Regulation. The Commission should advocate for an update of the GWP values of fluorinated greenhouse gases in line with the Sixth Assessment Report adopted by the IPCC at the international level.
Amendment 129 #
2022/0099(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Given that the production process for some fluorinated compounds can result in insignificant emissions of other fluorinated greenhouse gases produced as by-products, such by-product emissions should be destroyed or recovered for subsequent use as a condition for the placing of fluorinated greenhouse gases on the market. Producers and importers should be required to document mitigation measures adopted to prevent emissions of trifluoromethane during the production process and proof of the destruction and recovery in line with the best available techniques.
Amendment 134 #
2022/0099(COD)
Proposal for a regulation
Recital 10 a (new)
Recital 10 a (new)
(10 a) Member States should ensure that producer responsibility schemes are established for the treatment of end-of-life fluorinated greenhouse gases. The Commission should set out minimum requirements for those producer responsibility schemes,including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness-raising.
Amendment 137 #
2022/0099(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) To encourage the use of technologies with no impact or lower impact on the climate that may involve the use substances that are toxic, flammable or highly pressurized, the training of natural persons who carry out activities involving fluorinated greenhouse gases should cover technologies replacing or reducing the use of fluorinated greenhouse gases, including information on energy efficiency aspects and applicable regulations and technical standards. Certification and training programmes established under Regulation (EU) No 517/2014, which may be integrated in national vocational training systems, should be reviewed or adapted enabling technicians to handle alternative technologies safely. Member States should ensure that all of the workforce handling fluorinated greenhouse gases and alternative technologies are fully trained.
Amendment 143 #
2022/0099(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) The existing prohibitions on specific uses of sulphur hexafluoride, the most climate damaging substance known, should be retained and be complemented by additional restrictions onleading to a complete phase out of the use in the critical sector of power distribution.
Amendment 145 #
2022/0099(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12 a) The acceleration in the market of air conditioning and heat pump equipment and technological turnover in refrigeration underscores the need to plan for training in Member States with the aim of ensuring certification programmes and training are sufficient to meet the Union’s climate objectives.
Amendment 149 #
2022/0099(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) Where suitable alternatives to the use of specific fluorinated greenhouse gases are available, bans should be introduced on the placing on the market of new equipment for refrigeration, air- conditioning, foams, technical aerosols and fire protection that contains fluorinated greenhouse gases or whose functioning relies upon those gases. Where alternatives are not available or cannot be used for technical or safety reasons, or where the use of such alternatives would entail disproportionate costs, it should be possible for the Commission to authorise an exemption to allow the placing on the market of such products and equipment for a limited period.
Amendment 151 #
2022/0099(COD)
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13 a) The Commission recognises, in its communication of 14 October 2020, entitled “Chemicals Strategy for Sustainability Towards a Toxic-Free Environment” that per- and polyfluoroalkyl substances (PFAS) require special attention, considering the large number of cases of contamination of soil and water - including drinking water - in the EU and globally, the number of people affected with a full spectrum of illnesses and the related societal and economic costs. In order to ensure coherence with Union policy and a high level of protection of human health and the environment, and given the availability of non-toxic alternatives, the use of fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or otherwise decomposes into PFAS, should not be encouraged by this Regulation.
Amendment 157 #
2022/0099(COD)
Proposal for a regulation
Recital 13 b (new)
Recital 13 b (new)
(13 b) The Commission should request the European standardisation organisations to develop and update relevant harmonised standards to ensure the smooth implementation of the restrictions on placing on the market laid down in this Regulation. Member States should ensure that national standards and building codes are updated to reflect the allowable charge limits of flammable refrigerants, including IEC 60335-2-89 and IEC 60335-2-40 and should report on their efforts to that end and any exceptions to their update.
Amendment 158 #
2022/0099(COD)
Proposal for a regulation
Recital 13 c (new)
Recital 13 c (new)
(13 c) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 159 #
2022/0099(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Non-refillable containers for ozone depleting substancof fluorinated greenhouse gases, should be banned, considering that an amount of refrigerant inevitably remains in these containers when emptied, which is then released into the atmosphere. In this respect, this Regulation should prohibit their import, placing on the market, subsequent supply or making available on the market, use unless for laboratory and analytical uses, and their export. Containers of fluorinated gases should be labelled with information on arrangements for their return for refilling.
Amendment 162 #
2022/0099(COD)
(15 a) As third countries, particularly developing ones, might not have stringent recovery obligations for fluorinated greenhouse gases nor have the appropriate infrastructure to manage those gases at the end of life, exports of products and equipment containing fluorinated greenhouse gases and of containers of those gases from the Union to third countries could result in the release of those gases into the atmosphere when the products and equipment are discarded. As part of its global efforts to mitigate climate change, the Union should not permit the export of at least the most potenthy drofluorocarbons.
Amendment 166 #
2022/0099(COD)
Proposal for a regulation
Recital 20
Recital 20
(20) Considering the market value of the allocated quota, it is appropriate to claim a price for its allocation. That price should increase over time in order to provide a stable revenue stream. This avoids a further fragmentation of the market to the detriment of those undertakings that are in need of the HFC supply and already dependent on HFC trade in the declining market. It is assumed that undertakings that decide not to claim and pay any quota, for which they would be entitled in the year(s) prior to the calculation of reference values, have decided to leave the market and thus they do not get a new reference value. The revenue should be used to cover administrative costs and allow for additional investments in Member States to stimulate the training and uptake of natural refrigerants and measures to prevent illegal HFC trade.
Amendment 171 #
2022/0099(COD)
Proposal for a regulation
Recital 24 a (new)
Recital 24 a (new)
(24 a) The Commission should work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account.
Amendment 189 #
2022/0099(COD)
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39 a) In its Communication of 14 October 2020 entitled “Improving access to justice in environmental matters in the EU and its Member States”, the Commission recognised that access to justice in environmental matters is not guaranteed in all Member States and called on the Council and the European Parliament to introduce explicit access to justice provisions in new and revised EU laws concerning environmental matters. This Regulation contains provisions which create equal conditions of access across the Union to national courts for members of the public who find that their public authorities are not incompliance with the obligations arising from it, in line with the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (the “Aarhus Convention”).
Amendment 194 #
2022/0099(COD)
Proposal for a regulation
Article 2 – paragraph 1
Article 2 – paragraph 1
1. This Regulation applies to the fluorinated greenhouse gases listed in Annexes I, II and III, whether alone or in a mixture.
Amendment 203 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 5 a (new)
Article 3 – paragraph 1 – point 5 a (new)
(5 a) "PFAS" means, for the purposes of this regulation, fluorinated greenhouse gases that are also PFAS, whose production produces PFAS or decompose into PFAS
Amendment 224 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 a (new)
Article 3 – paragraph 1 – point 36 a (new)
(36 a) ‘polluter pays principle’ means that polluters shall bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 226 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 b (new)
Article 3 – paragraph 1 – point 36 b (new)
(36 b) ‘per- and polyfluoroalkyl substances’ or ‘PFAS’ means, for purposes of this Regulation, fluorinated greenhouse gases listed in Annexes I, II or III that are also per-and polyfluoroalkyl substances, as defined pursuant to Regulation (EC) No1907/2006, or that contribute to per- and polyfluoroalkyl substances in the atmosphere, water or ground through decomposition or as a by-product of production;
Amendment 229 #
2022/0099(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point 36 c (new)
Article 3 – paragraph 1 – point 36 c (new)
(36 c) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals, plants and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 235 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The intentional release into the atmosphere of fluorinated greenhouse gases listed in Annexes I and II shall be prohibited where the release is not technically necessary for the intended use or recapture is not technically feasible.
Amendment 237 #
2022/0099(COD)
2. Operators and manufacturers of equipment and installations that contain fluorinated greenhouse gases listed in Annexes I or II, as well as undertakings in possession of such equipment during its transport or storage, shall take all necessary precautions to prevent the unintentional release of any such gases. They shall take all measures that are technically and economically feasible to minimise leakage of the gases and to avoid the production of or substitution via per- and polyfluoroalkyl substances (PFAS).
Amendment 242 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 4 – subparagraph 1
Article 4 – paragraph 4 – subparagraph 1
Where a leakage of fluorinated greenhouse gases listed in Annex I or II is detected, the operators, manufacturers of equipment and installations and the undertakings in possession of the equipment during its transport, or storage, shall ensure that the equipment or installation is repaired without undue delay in line with the polluter pays principle.
Amendment 244 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 2
Article 4 – paragraph 5 – subparagraph 2
For the purpose of providing that evidence, importers and producers shall draw up a declaration of conformity and join supporting documentation with: (a) information on the production facility and the mitigation measures adopted to prevent emissions of trifluoromethane; (b) the proof of availability and operation of the best available abatement technology at the production facility; (c) the proof of mitigation measures adopted to prevent emissions of trifluoromethane, in line with best available techniques; (d) the proof of destruction or recovery of any quantity of emitted trifluoromethane, in line with best available techniques and in accordance with the requirements laid down in Article 8(7). Producers and importers shall keep the declaration of conformity and supporting documentation for a period of at least five years after the placing on the market and make them available, upon request, to national competent authorities and to the Commission.
Amendment 245 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 5 – subparagraph 3
Article 4 – paragraph 5 – subparagraph 3
The Commission mayshall, by means of implementing acts, determine the detailed arrangements relating to and the detailed elements of the declaration of conformity and supporting documentation referred to in the second subparagraph. Those implementing acts shall be adopted in accordance with Article 34(2).
Amendment 249 #
2022/0099(COD)
Proposal for a regulation
Article 4 – paragraph 6 – subparagraph 2 a (new)
Article 4 – paragraph 6 – subparagraph 2 a (new)
Operators shall ensure that sulfuryl fluoride is captured and recovered after fumigation, unless the recovery is not technically feasible or entails disproportionate costs. Operators shall ensure that the recovery is carried out by appropriately qualified natural persons, so that the gases are recycled, reclaimed or destroyed. For the purpose of providing evidence of destruction, operators shall draw up a declaration of conformity and join supporting documentation with information on the facility, the proof of availability and operation of the best available recovery technology at the facility, and proof of the measures adopted to recover emissions of sulfuryl fluoride. Where recovery of sulfuryl fluoride is not technically feasible and entails disproportionate costs, the operator shall draw up documentation providing evidence of the impossibility of the recovery of sulfuryl fluoride in that specific case. The operator shall retain the declaration of conformity and the supporting documentation for five years and shall make them available, on request, to the competent authorities of a Member State and to the Commission.
Amendment 251 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 1
Article 5 – paragraph 1 – subparagraph 1
Amendment 258 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 2
Article 5 – paragraph 1 – subparagraph 2
Amendment 265 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 1 – subparagraph 3 – point c
Article 5 – paragraph 1 – subparagraph 3 – point c
Amendment 270 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e
Article 5 – paragraph 2 – subparagraph 1 – point e
(e) refrigeration units of refrigerated vans, trucks and, trailers and ships;
Amendment 272 #
2022/0099(COD)
Proposal for a regulation
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
Article 5 – paragraph 2 – subparagraph 1 – point e a (new)
(e a) air-conditioning equipment in metros, trains, ships, planes and in road transport vehicles with the exception of those within the scope of Directive 2006/40/EC;
Amendment 281 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 1
Article 8 – paragraph 1 – subparagraph 1
Operators of stationary equipment or of refrigeration units of refrigerated vans, trucks and, trailers and ships that contain fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, not contained in foams, shall ensure that the recovery of those gases is carried out by natural persons that hold the relevant certificates provided for in Article 10, so and that those gases are recycled, reclaimed or destroyed.
Amendment 285 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 1 – subparagraph 2 – point b
Article 8 – paragraph 1 – subparagraph 2 – point b
(b) the cooling circuits of refrigeration units of refrigerated vans, trucks and, trailers and ships;
Amendment 297 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 8
Article 8 – paragraph 8
8. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing a list of products and equipment for which the recovery of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1, or destruction of products and equipment containing such gases without prior recovery of these gases shall be considered technically and economically feasible, specifying, if appropriate, the technologies to be applied.
Amendment 299 #
2022/0099(COD)
Proposal for a regulation
Article 8 – paragraph 9
Article 8 – paragraph 9
9. Member States shall promote the recovery, recycling, reclamation and destruction of fluorinated greenhouse gases listed in Annex I and Annex II, Section 1.
Amendment 302 #
Amendment 306 #
2022/0099(COD)
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
Without prejudice to existing Union legislation, Member States shall encourage the development ofrequire that by 31 December 2027 extended producer responsi bility schemes for the recoveryare established for the recovery, recycling, reclamation or destruction of fluorinated greenhouse gases listed in Annexes I and II and their recycling, reclamation or destruction.
Amendment 309 #
2022/0099(COD)
Proposal for a regulation
Article 9 – paragraph 1 a (new)
Article 9 – paragraph 1 a (new)
The Commission shall, by 31 December 2025, adopt delegated acts in accordance with Article 32 to supplement this Regulation by setting out minimum requirements for the producer responsibility schemes referred to in paragraph 1, including on collection, reclamation, recycling, disposal facilities, equipment provision to certified technicians, reporting and awareness raising.
Amendment 310 #
2022/0099(COD)
Proposal for a regulation
Article 9 – paragraph 1 b (new)
Article 9 – paragraph 1 b (new)
Member States shall ensure that producers and importers of fluorinated greenhouse gases listed in Annexes I and II cover the costs pursuant to the extended producer responsibility provisions in Directive 2008/98/EC of the European Parliament and of the Council and, insofar as not already included, cover at least the following costs: (a) the costs of collection, including the provision of accessible collection points, storage and transport; (b) the costs of recycling units for natural persons certified in accordance with Article 10 for the purposes of onsite recycling.
Amendment 312 #
2022/0099(COD)
Proposal for a regulation
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 317 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 2
Article 10 – paragraph 2
2. Member States shall ensure that training programmes for natural persons recovering fluorinated greenhouse gases listed in Annex I and Annex II, Section I and relevant alternatives from air- conditioning equipment in motor vehicles falling within the scope of Directive 2006/40/EC of the European Parliament and of the Council42 are available, pursuant to paragraph 5. _________________ 42 Directive 2006/40/EC of the European Parliament and of the Council of 17 May 2006 relating to emissions from air conditioning systems in motor vehicles and amending Council Directive 70/156/EEC (OJ L 161, 14.6.2006, p. 12).
Amendment 321 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 3 – point e a (new)
Article 10 – paragraph 3 – point e a (new)
(e a) certification for natural refrigerants (their characteristics and benefits compared to the use of fluorinated greenhouse gases, and their safe handling during installation, servicing, maintenance, repair and decommissioning).
Amendment 327 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 8 – subparagraph 1
Article 10 – paragraph 8 – subparagraph 1
By 1 January [OP, please insert the date = one year following the entry into force of this Regulation] Member States shall notify the Commission of certification and training programmes and the number of certified and trained persons for fluorinated greenhouse gases and the relevant alternatives in each sector. Member States shall accompany the notification with a plan to setting out actions to increase certification and training on the relevant alternatives during the upcoming calendar year.
Amendment 331 #
2022/0099(COD)
Proposal for a regulation
Article 10 – paragraph 9
Article 10 – paragraph 9
9. The Commission mayshall, by means of implementing acts, determine the format of the notification referred to in paragraph 8and targets of both the notification and the plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Amendment 353 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 1 – subparagraph 3
Article 11 – paragraph 1 – subparagraph 3
Amendment 360 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 3 – subparagraph 2 a (new)
Article 11 – paragraph 3 – subparagraph 2 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 to set out the evidentiary requirements to satisfy the requirements in subparagraph (b) of Article 11(3).
Amendment 371 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 4 – subparagraph 2 a (new)
Article 11 – paragraph 4 – subparagraph 2 a (new)
The import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases listed in Annex I, Section 1 with a global warming potential of 2500 or more is prohibited.
Amendment 376 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 6 a (new)
Article 11 – paragraph 6 a (new)
6 a. Only undertakings that hold a certificate or training attestation required under Article 10, or undertakings that employ persons holding such a certificate or a training attestation, shall be allowed to import or sell bulk fluorinated greenhouse gases listed in Annex I or Annex II.
Amendment 377 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 6 b (new)
Article 11 – paragraph 6 b (new)
6 b. The sale of fluorinated greenhouse gases listed in Annex I or Annex II via online marketplace trading platforms is prohibited.
Amendment 378 #
2022/0099(COD)
Proposal for a regulation
Article 11 – paragraph 6 c (new)
Article 11 – paragraph 6 c (new)
6 c. In addition to the placing on the market prohibitions set out in Annex IV, the import, placing on the market, any subsequent supply, or making available to other persons within the Union for payment or free of charge, use or export of fluorinated greenhouse gases that are PFAS is prohibited from 1 January 2025.
Amendment 380 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. Products or equipment subject to an exemption as referred to in Article 11 (4) shall be labelled accordingly, mentioning the validity period of the exemption, and shall include a reference that those products or equipment may only be used for the purpose for which an exemption under that Article was granted.
Amendment 381 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1 – point c
Article 12 – paragraph 3 – subparagraph 1 – point c
(c) from 1 January 2017, the quantity expressed in weight and in CO2 equivalent of fluorinated greenhouse gases contained in the product or equipment, or the quantity of fluorinated greenhouse gases for which the equipment is designed, and the global warming potential of those gases, both on a 100- and 20-year timescale.
Amendment 383 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
Where relevant, retrofitted products or equipment containing fluorinated greenhouse gases shall be relabelled with updated information referred to in this paragraph.
Amendment 384 #
2022/0099(COD)
Proposal for a regulation
Article 12 – paragraph 5 a (new)
Article 12 – paragraph 5 a (new)
5 a. Where relevant, refilled containers of fluorinated greenhouse gases shall be relabelled with updated information as referred to in the first subparagraph.
Amendment 398 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 1
From 1 January 2024, the use of fluorinated greenhouse gases listed in Annex I, with a global warming potential of 2 500 or more, for the servicing or maintenance of refrigeration equipment is prohibited.
Amendment 400 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 2
Article 13 – paragraph 3 – subparagraph 2
This paragraph shall not apply to military equipment or equipment intended for applications designed to coocool pharmaceutical products to temperatures below - 50 °C.
Amendment 404 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – introductory part
Article 13 – paragraph 3 – subparagraph 3 – introductory part
The prohibition referred to in the first subparagraph shall not apply to the following categories of fluorinated greenhouse gases until 1 January 203027:
Amendment 407 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point a
Article 13 – paragraph 3 – subparagraph 3 – point a
(a) reclaimed fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment, provided that they have been labelled in accordance with Article 12(6);
Amendment 410 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – point b
Article 13 – paragraph 3 – subparagraph 3 – point b
(b) recycled fluorinated greenhouse gases listed in Annex I with a global warming potential of 2 500 or more used for the maintenance or servicing of existing refrigeration equipment provided they have been recovered from such equipment. Such recycled gases may only be used by the undertaking which carried out their recovery as part of maintenance or servicing or the undertaking for which the recovery was carried out as part of maintenance or servicing.
Amendment 412 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 3 – subparagraph 3 – subparagraph 1
Article 13 – paragraph 3 – subparagraph 3 – subparagraph 1
The prohibition referred to in the first subparagraph shall not apply to refrigeration equipment for which an exemption has been authorised in accordance with Article 11(4).
Amendment 413 #
2022/0099(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. The use of desflurane as inhalation anaesthetic is prohibited as from 1 January 2026, except when such use is strictly required and no other anaesthetic can be used on medical grounds. The ushealth provider shall provide evidence, upon request, on the medical justification to the competent authority of the Member State and the Commission. The Commission shall work in close cooperation with the European Medicines Agency to coordinate a smooth approval process in respect of fluorinated substances and alternatives for medical use, so that all environmental and health aspects are taken into account in line with the One Health approach.
Amendment 419 #
2022/0099(COD)
Proposal for a regulation
Chapter IV – title
Chapter IV – title
IV PRODUCTION SCHEDULE AND, REDUCTION OF THE QUANTITY OF HYDROFLUOROCARBONS PLACED ON THE MARKET AND RESTRICTION ON EXPORT OF HYDROFLUOROCARBONS
Amendment 420 #
2022/0099(COD)
Proposal for a regulation
Article 14 – paragraph 4 a (new)
Article 14 – paragraph 4 a (new)
4 a. The production of 1,1,1,3,3- pentafluorobutane shall be prohibited.
Amendment 426 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point d
Article 16 – paragraph 2 – point d
Amendment 429 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 2 – point e
Article 16 – paragraph 2 – point e
Amendment 443 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Article 16 – paragraph 4 – subparagraph 1 – introductory part
Following a substantiated request by a competent authority of a Member State or an Agency of the EU and taking into account the objectives of this Regulation, the Commission may, exceptionally by means of implementing acts, authorise an exemption for up to four years to exclude from the quota requirement laid down in paragraph 1 hydrofluorocarbons for use in specific applications, or specific categories of products or equipment, where it is demonstrated in the request that:
Amendment 445 #
2022/0099(COD)
Proposal for a regulation
Article 16 – paragraph 4 – subparagraph 1 – point a
Article 16 – paragraph 4 – subparagraph 1 – point a
(a) for those particular applications, products or equipment, alternatives are not available, or cannot be used for technical or safety reasons or risks to public health; and
Amendment 458 #
2022/0099(COD)
Proposal for a regulation
Article 16 a (new)
Article 16 a (new)
Article 16 a Restriction on the export of certain hydrofluorocarbons and of products and equipment containing those hydrofluorocarbons The export of fluorinated greenhouse gases listed in Annex I, Section 1, with a GWP of 2 500 or more, and of products and equipment containing those gases, shall be prohibited.
Amendment 461 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1
Article 17 – paragraph 5 – subparagraph 1
The allocation of quotas is subject to the payment of the amount due which equals to three euro for each tonne of CO2 equivalent of quota to be allocatedin accordance with Annex VII. Importers and producers shall be notified via the F-gas Portal of the total amount due for its calculated maximum quota allocation for the following calendar year and of the deadline for completing the payment. The Commission may, by means of implementing acts, determine the modalities and the detailed arrangements for the payment of the amount due. Those implementing acts shall be adopted in accordance with the examination procedure referred to in 34(2).
Amendment 472 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
6. The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend paragraph 5 as regards the amounts due for the allocation of quota and the mechanism to allocate remaining quotas, where necessary to prevent major disruptions of the market of hydrofluorocarbons, or where the mechanism is not fulfilling its purpose and is having undesirable or unintended effects on public health and on the users of metered dose inhalers in particular.
Amendment 474 #
2022/0099(COD)
Proposal for a regulation
Article 17 – paragraph 7
Article 17 – paragraph 7
7. The revenue generated from the quota allocation amount shall constitute external assigned revenue in accordance with Article 21(5) of Regulation (EU, Euratom) No 2018/1046. That revenue shall be assigned to the LIFE programme and to Heading 7 of the multiannual financial framework (European Public Administration),: (a) to cover the costs of external staff working on the management of the quota allocation, IT services, and licensing systems for the purpose of implementation of this Regulation and for ensuring compliance with the Protocol. Any revenue remaining after covering , including Article 24; (b) to cover the costs for ensuring compliance with the Protocol; (c) to support implementation of Articles 10, 23, 27, 28 and 29 in Member States;and (d) to accelerate the deployment of heat pumps containing, or whose functioning relies upon, alternatives to fluorinated greenhouse gases, including increasing production of necessary equipment, facilitating access to finance, reducing prices for consumers, training and certifying natural persons under Article 10 and reskilling gas boiler installers. Any revenue remaining after covering these costs shall be entered into the general budget of the Union.
Amendment 486 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 1
Article 19 – paragraph 2 – subparagraph 1
When placing pre-charged equipment or products as referred to in paragraph 1 on the market, manufacturers and importers of equipment or products shall ensure that compliance with paragraph 1 is fully documented and shall draw up a declaration of conformity in this respect..
Amendment 487 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 2
Article 19 – paragraph 2 – subparagraph 2
By drawing up the declaration of conformity, manufacturers and importers of equipment or products shall assume responsibility for compliance with this paragraph and paragraph 1.
Amendment 488 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 2 – subparagraph 3
Article 19 – paragraph 2 – subparagraph 3
Manufacturers and importers of equipment or products shall keep this documentation and the declaration of conformity for a period of at least five years after the placing on the market of that equipment or products and shall make it available, on request, to the competent authorities of Member States and the Commission.
Amendment 489 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 3 – subparagraph 1
Article 19 – paragraph 3 – subparagraph 1
Where hydrofluorocarbons contained in the equipment or products referred to in paragraph 1 have not been placed on the market prior to the charging of the equipment, importers of that equipment or products shall ensure that, by 30 April [OP: Please insert the year of application of this Regulation] and every year thereafter, the accuracy of the documentation, the declaration of conformity and the veracity of their report pursuant to Article 26 is confirmed, for the preceding calendar year, at a reasonable level of assurance by an independent auditor registered in the F-gas Portal.
Amendment 490 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5
5. Importers of equipment or products referred to in paragraph 1, which has no establishment in the Union, shall mandate an only representative with an establishment within the Union that assumes the full responsibility of complying with this Regulation. The only representative may be the same as the one mandated pursuant to Article 8 of Regulation (EC) No 1907/2006.
Amendment 491 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 6
Article 19 – paragraph 6
6. This Article shall not apply to undertakings that placed on the market less than 100 tonnes of CO2 equivalent of hydrofluorocarbons, per year, contained in the equipment or products referred to in paragraph 1.
Amendment 492 #
2022/0099(COD)
Proposal for a regulation
Article 19 – paragraph 6 a (new)
Article 19 – paragraph 6 a (new)
6 a. The export of used equipment charged with fluorinated greenhouse gases shall be prohibited unless the fluorinated greenhouse gases charged within such equipment have been recovered prior to export.
Amendment 494 #
2022/0099(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Article 20 – paragraph 4 – subparagraph 1 – introductory part
Undertakings shall have a valid registration in the F-gas Portal prior to the import or export of fluorinated greenhouse gases and products and equipment containing fluorinated greenhouse gases or whose functioning relies upon those gases except in cases of temporary storage and for the following activities:
Amendment 496 #
2022/0099(COD)
Proposal for a regulation
Article 20 – paragraph 4 – subparagraph 1 – point c
Article 20 – paragraph 4 – subparagraph 1 – point c
(c) supplying, or receiving hydrofluorocarbons for the purposes listed in points (a) to (ec) of Article 16(2);
Amendment 499 #
2022/0099(COD)
Proposal for a regulation
Article 20 – paragraph 7 – subparagraph 2
Article 20 – paragraph 7 – subparagraph 2
The Commission and competent authorities of the Member States shall ensure the confidentiality of the data included in the F-gas Portalat the following data included in the F-gas Portal is publicly available: (i) regularly updated quota allocation; (ii) information on undertakings receiving a quota transfer and the amount received; (iii) a list of registered suppliers; (iv) detailed trade data on each import, including point of entry and type of HFC; (v) transhipment data; (vi) domestic HFC production data including production for feedstock and facilities that produce HFC-23;and (vii) facility-level chemical destruction data.
Amendment 500 #
2022/0099(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
The import and export of fluorinated greenhouse gases and products and equipment containing those gases or whose functioning relies upon those gases except in cases of temporary storage, is subject tto the presentation of a valid licence to customs authorities pursuant to Article 20(4).
Amendment 501 #
2022/0099(COD)
Proposal for a regulation
Article 23 – paragraph 1
Article 23 – paragraph 1
1. Customs authorities and market surveillance authorities shall enforce the prohibitions and other restrictions set out in this Regulation with regards to imports and exports and in line with the [Environment Crime Directive] and the [Corporate Sustainability Due Diligence Directive].
Amendment 505 #
2022/0099(COD)
For other substances and products and equipment covered by this Regulation, alternative measures may be takencustoms authorities shall seize and confiscate fluorinated greenhouse gases imported or exported in violation of the provisions of this regulation and in line with the [Environmental Crime Directive] to prevent unlawful import, further supply, or export, in particular in cases of hydrofluorocarbons placed on the market in bulk or charged in products and equipment in violation of the quota and authorisation requirements set out in this Regulation.
Amendment 507 #
2022/0099(COD)
Proposal for a regulation
Article 23 – paragraph 13 – subparagraph 2 a (new)
Article 23 – paragraph 13 – subparagraph 2 a (new)
Amendment 508 #
2022/0099(COD)
Proposal for a regulation
Article 24 – paragraph 1
Article 24 – paragraph 1
1.By 30 June 2025, the Commission shall submit a report evaluating the potential risks of illegal trade and identifying additional measures to reduce those risks linked to movements of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases when placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, including tracing methodologies for gases placed on the market, such as quick response (QR) codes. 2. The Commission is empowered to adopt delegated acts in accordance with Article 32 to supplement this Regulation by establishing additional measures to those set out in this Regulation for the monitoring of fluorinated greenhouse gases and of products and equipment containing those gases or whose functioning relies upon those gases placed under temporary storage, or a customs procedure including customs warehousing or free zone procedure or in transit through the customs territory of the Union, on the basis of an evaluation of the potential risks of illegal trade linked to such movements, including tracing methodologies for gases placed on the market, taking into account the environmental benefits and socio-economic impacts of such measures. Such measures may include a QR-code based system to track and trace fluorinated greenhouse gases and products and equipment containing those gases.
Amendment 512 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 1 – subparagraph 1
Article 26 – paragraph 1 – subparagraph 1
By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer, importer and exporter that produced, imported or exported hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year. This paragraph shall also apply to all undertakings receiving quotas pursuant to Article 21(1).
Amendment 514 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that destroyed hydrofluorocarbons or quantities exceeding one metric tonne or 100 tonnes of CO2 equivalent of other fluorinated greenhouse gases during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 516 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. By 31 March [[OP: Please insert the year of application of this Regulation], each undertaking that used 1 000 tonnes of CO2 equivalent or more of fluorinated greenhouse gases listed in Annex I as feedstock during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 518 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 4
Article 26 – paragraph 4
4. By 31 March [OP: Please insert the year of application of this Regulation], each undertaking that placed 100 tonnes of CO2 equivalent or more of hydrofluorocarbons, or 500 tonnes of CO2 equivalent or more of other fluorinated greenhouse gases, contained in products or equipment on the market during the preceding calendar year shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 519 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 6
Article 26 – paragraph 6
6. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each undertaking that reclaimed quantities exceeding 1 metric tonne or 100 tonnes of CO2 equivalent of fluorinated greenhouse gases shall report to the Commission the data specified in Annex IX on each of those substances for that calendar year.
Amendment 522 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 7
Article 26 – paragraph 7
7. By 30 April [OP: Please insert the year of application of this Regulation], each importer of equipment that placed on the market pre-charged equipment as referred to in Article 19 containing at least 1 000 tonnes of CO2 equivalent hydrofluorocarbons, and where those hydrofluorocarbons have not been placed on the market prior to the charging of the equipment, shall submit to the Commission a verification report issued pursuant to Article 19(3).
Amendment 524 #
2022/0099(COD)
Proposal for a regulation
Article 26 – paragraph 8 a (new)
Article 26 – paragraph 8 a (new)
8 a. By 31 March [OP: Please insert the year of application of this Regulation], and every year thereafter, each producer and importer of fluorinated greenhouse gases shall report to the Commission on by-product, inadvertent and coincidental emissions of fluorinated greenhouse gases or controlled substances under the Protocol that result from industrial processes to produce those fluorinated greenhouse gases, including emissions from feedstocks and process agents.
Amendment 526 #
2022/0099(COD)
Proposal for a regulation
Article 28 – paragraph 4 a (new)
Article 28 – paragraph 4 a (new)
4 a. The Commission shall ensure transparency and promote compliance by sharing relevant information to the public.This information shall include: (a) quota holders and their allocations under Article 17, licenses of exports and imports under Article 20 and any subsequent transfer and authorisations under Article 21; (b) reporting by undertakings under Article 26;and (c) facility-level, substance-specific data on fluorinated greenhouse gases produced in the Union, including fluorinated greenhouse gases produced for use as feedstock or as by-product and inadvertent emissions. The Commission shall, by means of implementing acts, determine the format and modalities for the reporting of facility-level production data referred to in subparagraph (c). Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 34(2).
Amendment 529 #
2022/0099(COD)
Proposal for a regulation
Article 29 a (new)
Article 29 a (new)
Article 29 a Access to justice Member States shall ensure that, in accordance with their national law, members of the public concerned who meet the conditions set out in paragraph 2, including natural or legal persons or their associations, organisations or groups, have access to a review procedure before a court of law, or another independent and impartial body established by law, to challenge the substantive or procedural legality of decisions, acts and omissions that fail to comply with the legal obligations provided for in this Regulation. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations provided for in this Regulation includes an act or omission with respect to a measure adopted for the purposes of implementing those obligations, where that measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned shall be deemed to meet the conditions referred to in paragraph 1 where: (a) they have sufficient interest; or (b) they maintain impairment of a right, where administrative procedural law of a Member State requires that as a precondition. What constitutes a sufficient interest shall be determined by Member States consistently with the objective of giving the members of the public concerned wide access to justice and in conformity with the Aarhus Convention. To that end, the interest of any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have sufficient interest for the purposes of this paragraph. 3. Paragraphs 1 and 2 shall not exclude the possibility of being able to have recourse to a preliminary review procedure before an administrative authority and shall not affect the requirement to exhaust administrative review procedures prior to having recourse to judicial review procedures, where such a requirement exists under national law. Any such procedure shall be fair, equitable, timely and not prohibitively expensive.
Amendment 531 #
2022/0099(COD)
Proposal for a regulation
Article 31 – paragraph 1
Article 31 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The minimum and maximum penalties provided for shall be effective, proportionate and dissuasive in line with the [Environment Crime Directive] including the polluter pays principle. Member States shall, by 1 January [OP: please insert the year = 1 year following the date of entry into force of this Regulation] notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.
Amendment 534 #
2022/0099(COD)
Proposal for a regulation
Article 31 – paragraph 5 – subparagraph 1
Article 31 – paragraph 5 – subparagraph 1
In cases of unlawful production, import, export, placing on the market, or use of fluorinated greenhouse gases or of products and equipment containing those gases or whose functioning relies on those gases, Member States shall envisageset out minimum administrative fines of at least three times the market value of the concerned gases or products and equipment concerned and maximum administrative fines of at least fivesix times the market value of the concerned gases or products and equipment concerned. In case of a repeated infringement within a five- year period, the Member States shall envisage maxinimum administrative fines of at least eightseven times the value of the gases or products and equipment concerned and with full respect of the polluter pays principle.
Amendment 547 #
2022/0099(COD)
Proposal for a regulation
Article 35 – paragraph 1 a (new)
Article 35 – paragraph 1 a (new)
The Commission shall continuously monitor technological and market developments in relation to the use of fluorinated greenhouse gases and their natural alternatives in the Union. Where the Commission finds evidence of the emergence or acceleration of the use of low GWP fluorinated greenhouse gases or of natural alternatives in products and equipment placed on the Union market, it shall, where appropriate, propose to amend this Regulation by strengthening the prohibitions on the placing on the market of high GWP fluorinated greenhouse gases in the products or equipment concerned.
Amendment 549 #
2022/0099(COD)
Proposal for a regulation
Article 35 – paragraph 1 b (new)
Article 35 – paragraph 1 b (new)
The Commission is empowered to adopt delegated acts in accordance with Article 32 to amend Annexes I, II and III by moving fluorinated greenhouse gases from Annex III to Annexes I or II or by introducing fluorinated greenhouse gases in Annexes I or II, where it has evidence of the placing on the market of fluorinated greenhouse gases listed in Annex III or of fluorinated greenhouse gases not listed in Annexes I, II or III to this Regulation.
Amendment 580 #
2022/0099(COD)
Proposal for a regulation
Annex I – section 3
Annex I – section 3
Section 3: Other (per)fluorinated compounds and fluorinated ketones sulphur hexafluoride SF6 25 200 25 200 18 300 1,1,1,3,4,4,4-Heptafluoro- 3-(trifluoromethyl)butan-2- CF3C(O)CF(CF3)2 0,29(1) (*) one Heptafluoroisobutyronitrile (2,3,3,3-tetrafluoro-2- Iso-C3F7CN 2 750 4 580 (trifluoromethyl)- propanenitrile) __________________ 1 Ren et al. (2019). Atmospheric Fate and Impact of Perfluorinated Butanone and Pentanone. Environ. Sci. Technol. 2019, 53, 15, 8862–8871
Amendment 597 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 10 a (new)
Annex IV – point 10 a (new)
(10a) Domestic refrigerators and freezers that contain fluorinated 1 January greenhouse gases 2025
Amendment 599 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 11
Annex IV – point 11
1 January -that contain HFCs with GWP of 2 500 or more. (11) Refrigerators and 2020 freezers for commercial use 1 January (self-contained -that contain HFCs with GWP of 150 or more. 2022 equipment) 1 January -that contain other fluorinated greenhouse gases with 1 January. GWP of 150 or more. 2024
Amendment 605 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 12
Annex IV – point 12
(12) Any self-contained refrigeration equipment that contains fluorinated 1 January greenhouse gases with GWP of 150 or more.. 2025
Amendment 613 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 14
Annex IV – point 14
(14) Stationary refrigeration equipment, that contains, or whose functioning 1 January relies upon, fluorinated greenhouse gases with GWP of 2 500 or more 1 January except equipment intended for application designed to cool products 2024 to temperatures below – 50 °C. . 2024
Amendment 622 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 17
Annex IV – point 17
(17) Plug-in room and other self-contained air-conditioning and heat pump 1 January equipment that contain fluorinated greenhouse gases with GWP of 150 or 1 January more. . 2025
Amendment 633 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 18
Annex IV – point 18
(18) Stationary split air-conditioning and split heat pump equipment : (a) Single split systems containing less than 3 kg of fluorinated 1 January greenhouse gases listed in Annex I, that contain, or whose 1 January 2025 functioning relies upon, fluorinated greenhouse gases listed in 2025 Annex I with GWP of 750 or more; (b) Split systems of a rated capacity of up to and including 12 kW containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 150 or more, except when required to meet safety standards; 1 J, except when required to meet safety standards; (c) Split systems of a rated capacity of more than 12 kW and up to 200 kW containing, or whose functioning relies upon, fluorinated 1 January greenhouse gases with GWP of 750 or more, except when 2027 required to meet safety stanudaryds. (ca) Split systems of a rated capacity of more than 1200 kW containing, 2027 containing, or whose functioning relies upon, fluorinated greenhouse gases with GWP of 750 or more, except when required to meet safety standardgreenhouse gases.
Amendment 643 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 19 a (new)
Annex IV – point 19 a (new)
Amendment 645 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 20 a (new)
Annex IV – point 20 a (new)
Amendment 647 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23
Annex IV – point 23
Amendment 657 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23 b (new)
Annex IV – point 23 b (new)
(23b) Mobile air conditioning in passenger and cargo ships, buses, trams, 1 January metros and trains that contains, or whose functioning relies upon, 2027 fluorinated greenhouse gases.
Amendment 658 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23 c (new)
Annex IV – point 23 c (new)
(23c) Mini chillers that contain, or whose functioning relies upon, 1 January fluorinated greenhouse gases. 2027
Amendment 659 #
2022/0099(COD)
Proposal for a regulation
Annex IV – point 23 d (new)
Annex IV – point 23 d (new)
(23d) Displacement and centrifugal chillers that contain, or whose 1 January functioning relies upon, fluorinated greenhouse gases. 2027
Amendment 673 #
2022/0099(COD)
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Years Maximum Quantity in tonnes CO2 equivalent 2024 – 2026 41 701 077 039 167 2027 – 2029 17 688 360 15 963 275 2030 – 2032 6 9 132 097 16 849 2033 – 2035 8 445 713 5 794 785 2036 – 2038 6 782 265 5 467 823 2039 – 2041 6 136 732 5 006 355 2042 – 2044 4 5 491 199 44 888 2045 – 2047 4 845 666 4 083 420 2048 - 2049 3 621 953 204850 - onwards 4 200 133 0
Amendment 674 #
2022/0099(COD)
Proposal for a regulation
Annex VII – point 1
Annex VII – point 1
Years Maximum Quantity Price of quotas for each tonne of CO2 equivalent in tonnes CO2 equivalent (EUR) 2024 – 2026 41 701 077 9 2027 – 2029 17 688 360 18 2030 – 2032 9 132 097 35 2033 – 2035 8 445 713 48 2036 – 2038 6 782 265 62 2039 – 2041 6 136 732 68 2042 – 2044 5 491 199 75 2045 – 2047 4 845 666 85 2048 - onwards 4 200 133 96
Amendment 402 #
2022/0051(COD)
Proposal for a directive
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure that companies take appropriate measures to identify actual and potential adverse human rights impacts, adverse animal welfare impact and adverse environmental impacts arising from their own operations or those of their subsidiaries and, where related to their value chains, from their established business relationships, in accordance with paragraph 2, 3 and 4.
Amendment 629 #
2022/0051(COD)
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall ensure that companies referred to in Article 2(1), point (a), and Article 2(2), point (a), shall adopt a plan to ensure that the business model and strategy of the company are compatible with the transition to a sustainable economy and with the limiting of global warming to 1.5 °C in line with the Paris Agreement. This plan shall, in particular, identify, on the basis of information reasonably available to the company, the extent to which climate change is a risk for, or an impact of, the company’s operations. Special attention shall be given to methane emissions and full respect of Chapter 5 of the methane emissions reductions in the energy sector regulation regarding the importer requirements along the value chain in all relevant sectors, such as energy, agriculture, waste and waste water.
Amendment 45 #
2021/0423(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) Methane (CH4), the main component of naturafossil gas, is second only to carbon dioxide in its overall contribution to climate change and is responsible for approximately a third of current warming. The Intergovernmental Panel on Climate Change (IPCC) published in its Sixth Assessment Report (AR6) the finding that deep reductions in anthropogenic methane emissions are needed by 2030 to stay below 1.5 degrees Celsius.
Amendment 46 #
2021/0423(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 47 #
2021/0423(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1 b) Methane emissions come from a wide range of sectors, namely agriculture, waste and energy, and that, once in the atmosphere, methane blends well with other gases, making it difficult to measure and report it; whereas uncertainty about methane emissions data is typically much greater compared to CO2 emissions when excluding forest and other land-use- related emissions; whereas recent studies have estimated that global anthropogenic fossil methane emissions are underestimated by about25 to 40 % 3a _________________ 3a Hmiel, B., Petrenko, V.V., Dyonisius, M.N. et al, ‘Preindustrial14CH4 indicates greater anthropogenic fossil CH4 emissions’, Nature, Vol. 578,2020, pp. 409-412, among others.)
Amendment 48 #
2021/0423(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) On a molecular level, although methane remains in the atmosphere for a shorter period (10 to 12 years) than carbon dioxide (hundreds of years), its greenhouse effect on the climate is more significant and it contributes to ozone formation which is a potent air pollutant that causes serious health problems. The amount of methane in the atmosphere globally has risen sharply over the last decade. On a100-year timescale, methane has 29,8 times greater global warming potential than carbon dioxide and is 82,5 times more potent on a 20-year timescale. Methane emissions are therefore highly relevant to 2050 climate objectives. Therefore, in order to adequately capture the short-term climate forcing effects of methane, and thus accurately account for the climate impact, the use of a Global Warming Potential (GWP) value of methane over a 20-year time horizon(GWP20) is considered more appropriate than over a 100-year time. The amount of methane in the atmosphere globally has risen sharply over the last decade4a . _________________ 4a IPCC Sixth Assessment Report (AR6, Table 7.15 at https://www.ipcc.ch/report/ar6/wg1/downl oads/report/IPCC_AR6_WGI_FullReport. pdf.
Amendment 70 #
2021/0423(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) In this context, this Regulation should apply to the reduction of methane emissions in oil and fossil gas upstream exploration and production, fossil gas gathering and processing, gas transmission, distribution, underground storage and liquid fossil gas (LNG) ships and terminals, as well as to operating underground and surface coalmines, closed and abandoned underground coal mines.
Amendment 72 #
2021/0423(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Rules for accurate measurement, reporting and verification of methane emissions in the oil, gas and coal sectors, as well as for the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring, should be addressed by an appropriate Union legal framework. Such a framework should contain rules to enhance transparency with regard to fossil energy imports into the Union, thus improving the incentives for a wider uptake of methane mitigation solutions across the globe. According to latest studies, not 98 % but only 91,1 % of methane is converted to carbon dioxide during flaring, .
Amendment 73 #
2021/0423(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) Rules for accurate measurement, reporting and verification of methane emissions in the oil, gas and coal sectors, as well as for the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring and the protection of workers, including possible rules as regards, occupational exposure limits for methane gas, should be addressed by an appropriate Union legal framework. Such a framework should contain rules to enhance transparency with regard to fossil energy imports into the Union, thus improving the incentives for a wider uptake of methane mitigation solutions across the globe.
Amendment 76 #
2021/0423(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the costs associated with such investments should be taken into account in tariff setting, subject to efficiency principles. Investments should support and speed-up the environmental goals according to the Green Deal and are as well part of energy security to safeguard critical infrastructure. The required costs should not result in a disproportionate financial burden on end users and consumers. Vulnerable households should be protected from disproportionate financial burdens of the regulation. The application of the regulation should not lead to unproportional financial burden for consumers.
Amendment 78 #
2021/0423(COD)
Proposal for a regulation
Recital 9
Recital 9
(9) Compliance with the obligations under this Regulation is likely to require investments by regulated operators and the costs associated with such investments should be taken into account in tariff setting, subject to efficiency principles. The required costs should not result in a disproportionate financial burden on end users and consumers. The measures set should take into account the principle of cost efficiency. Vulnerable households should be protected from disproportionate financial burdens of the regulation.
Amendment 80 #
2021/0423(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should appoint at least one competent authority to oversee that operators effectively comply with the obligations laid down in this Regulation and should notify the Commission about such appointment and any changes thereof. The competent authorities appointed should take all the necessary measures to ensure compliance with the requirements set out in this Regulation. Taking into account the cross-border character of energy sector operations and methane emissions, competent authorities should cooperate with each other and the Commission. In this context, the Commission and the competent authorities of the Member States should form together a network of public authorities applying this Regulation to foster close cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations. They should coordinate and publish at the website of the European Commission by 30 April of each year a consolidated activity report including recommendations for the previous calendar year.
Amendment 81 #
2021/0423(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) Each Member State should appoint at least one competent authority to oversee that operators effectively comply with the obligations laid down in this Regulation and should notify the Commission about such appointment and any changes thereof. The competent authorities appointed should be provided with sufficient financial and human resources by the Member States and should take all the necessary measures to ensure compliance with the requirements set out in this Regulation. The competent authority should establish a contact point. Taking into account the cross-border character of energy sector operations and methane emissions, competent authorities should cooperate with each other and the Commission. In this context, the Commission and the competent authorities of the Member States should form together a network of public authorities applying this Regulation to foster close cooperation, with the necessary arrangements for exchanging information and best practices and allow for consultations.
Amendment 82 #
2021/0423(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) In order to ensure the performance of their tasks, operators should provide the competent authorities with all assistance necessary. In addition, operators should take all the necessary actions identified by the competent authorities within the period determined by the competent authorities or any other period agreed with the competent authorities. Member States should implement an early warning system to detect any possible delay of the implementation of the measures of this directive due to a shortage of skilled workers. To improve the necessary skills of the workforce a fund could be set up by the Member states. Any such delay should be counted as exemption with regard to the application of possible penalties for delays of the non-application of the measurements of the Regulation.
Amendment 84 #
2021/0423(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The main mechanism available to the competent authorities should be inspections, including examination of documentation and records, emissions measurements and site checks. Inspections should take place regularly, on the basis of an appraisal of the environmental risk conducted by the competent authorities. Already established controlling mechanisms with the authorities should be taken into account. Best practice examples should be identified. In addition, inspections should be carried out to investigate substantiated complaints and occurrences of non-compliance and to ensure that repairs or replacements of components are carried out in accordance with this Regulation. Where they identify a serious breach of the requirements of this Regulation, competent authorities should issue a notice of remedial actions to be taken by the operator. Competent authorities should keep digital and non digital records of the inspections and the relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council19 . _________________ 19 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003).
Amendment 86 #
2021/0423(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The main mechanism available to the competent authorities should be inspections, including examination of documentation and records, emissions measurements and site checks. Inspections should take place regularly, on the basis of an appraisal of the environmental risk conducted by the competent authorities. In addition, inspections should be carried out to investigate substantiated complaints and occurrences of non-compliance and to ensure that repairs or replacements of components are carried out in accordance with this Regulation. Where they identify a serious breach of the requirements of this Regulation, competent authorities should issue a notice of remedial actions to be taken by the operator. Competent authorities should keep records of the inspections and the relevant information should be made available in accordance with Directive 2003/4/EC of the European Parliament and of the Council19 . _________________ 19 Directive 2003/4/EC of the European Parliament and of the Council of 28 January 2003 on public access to environmental information and repealing Council Directive 90/313/EEC (OJ L 41, 14.2.2003).
Amendment 87 #
2021/0423(COD)
(14) In light of the proximity of some methane emission sources to urban or residential areas, natural or legal persons harmed by breaches of this Regulation should be able to lodge duly substantiated complaints with the competent authorities. In this context, the European Justice Portal should enable the submission of complaints and provide access to national authorities as well as information. Complainants should be kept informed of the procedure and decisions taken and should receive a final decision within a reasonable time of lodging the complaint.
Amendment 88 #
2021/0423(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In light of the proximity of some methane emission sources to urban or residential areas, natural or legal persons harmed by breaches of this Regulation should be able to lodge duly substantiated complaints with the competent authorities. In this context, the European Justice Portal should enable the submission of complaints and provide access and information to national authorities. Complainants should be kept informed of the procedure and decisions taken and should receive a final decision within a reasonable time of lodging the complaint.
Amendment 101 #
2021/0423(COD)
Proposal for a regulation
Recital 24
Recital 24
(24) Against this background, it is necessary to improve the measurement and quality of reported data of methane emissions, including on the main sources of methane emissions associated with energy produced and consumed within the Union. Moreover, the availability of source-level data and robust quantification of emissions should be ensured, thereby increasing the reliability of reporting as well as the scope for appropriate measures for mitigation. Research activity to improve measurement technology should be promoted in EU's funding programmes such as Horizon Europe.
Amendment 125 #
2021/0423(COD)
Proposal for a regulation
Recital 44
Recital 44
(44) Once production is halted and a mine is closed or abandoned, it continues to release methane, referred to as abandoned mine methane (AMM). These emissions typically occur at well-defined point sources, such as ventilation shafts or pressure-relief vents. With increased climate ambition and shifting energy production to less carbon-intensive energy sources, AMM emissions are likely to increase in the Union. It is estimated that even 10 years after mining is ceased, methane from non-flooded mines continues to be emitted at levels attaining approximately 40% of emissions recorded at the time of closure25 . Moreover, treatment of AMM remains fragmented due to different ownership and exploitation rights across the EU. Member States should thus establish inventories of closed and abandoned coal assets and, either them or the identified responsible party, should be required to install devices for measurement of methane emissions. Best practice examples should be identified and integrated in possible guidelines for the treating of AAM. _________________ 25 (2020) N. Kholod et al Global methane emissions from coal mining to continue growing even with declining coal production, Journal of Cleaner Production, Volume 256, 120489
Amendment 134 #
2021/0423(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) As announced in the Communication on the EU Methane Strategy34 , the Union is committed to working in cooperation with its energy partners and other key fossil energy importing countries to tackle methane emissions globally and at European, national, regional and local level. Energy diplomacy on methane emissions has already yielded important outcomes. In September 2021, the Union and the United States announced the Global Methane Pledge, which represents a political commitment to reduce global methane emissions by 30% by 2030 (from 2020 levels), launched at the UN Climate Change Conference (COP 26) in November 2021 in Glasgow. Over one hundred countries have committed their support, representing nearly half of global anthropogenic methane emissions. The Global Methane Pledge includes a commitment to move towards using best available inventory methodologies to quantify methane emissions, with a particular focus on high emission sources. The European Commission should establish by 31 December 2025 a European Methane Reduction Roadmap including an impact assessment in order to reduce methane emissions by30 % by 2030 at EU and Member States level and to achieve methane neutrality by2050 at the latest for the EU energy, agriculture, waste and waste water sectorin line with the European Climate Law _________________ 34 COM(2020) 663 final
Amendment 136 #
2021/0423(COD)
Proposal for a regulation
Recital 57
Recital 57
(57) In parallel to continuing its successful diplomatic work to achieve such global commitments, the Union is further encouraging significant methane emissions abatement globally, and in particular in the countries supplying fossil energy to the Union. As 75 to 90% of the methane emissions associated with the EU energy consumption are emitted outside of the EU borders, European Commission should make allfossil fuel imports into the Union conditional on their compliance with EU regulations on MRV and LDAR and the rules on venting and flaring, applicable to the entire fossil fuels supply chain, up to and including production. This should be taken into account when developing and discussing new energy import contracts.
Amendment 155 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation lays down rules for the accurate measurement, reporting and verification of methane emissions in the energy sector for all the fossil energy consumed in the Union, as well as the abatement of those emissions, including through leak detection and repair surveys and restrictions on venting and flaring. This Regulation also lays down rules on tools ensuring reductions and transparency of methane emissions from imports of fossil energy into the Union.
Amendment 161 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point b
Article 1 – paragraph 2 – point b
(b) gas transmission, distribution, underground storage and liquified gas (LNG) ships and terminals operating with fossil and/or renewable (bio-or synthetic) methane;
Amendment 166 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) petrochemicals.
Amendment 167 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c a (new)
Article 1 – paragraph 2 – point c a (new)
(c a) production of petrochemicals , steel and cement;
Amendment 171 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 2 – point c b (new)
Article 1 – paragraph 2 – point c b (new)
(c b) energy from waste production insofar methane emissions are involved;
Amendment 175 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 3
Article 1 – paragraph 3
3. This Regulation applies to methane emissions occurring outside the Union across the value chain and up to the point of production in line with the [corporate sustainability due diligence] in what relates to importer information requirements, to the methane transparency database and to the methane emitters monitoring tool.
Amendment 176 #
2021/0423(COD)
Proposal for a regulation
Article 1 – paragraph 3 a (new)
Article 1 – paragraph 3 a (new)
3 a. 4 new This Regulation shall aim as part of the Global Methane Pledge, which represents a political commitment to reduce global methane emissions by 30% by 2030 (from 2020 levels), to reduce methane emissions. Therefore, the European Commission shall provide by 31 December 2025a European Methane Reduction Roadmap including an impact assessment in order to reduce methane emissions by a binding target of 30% by 2030 as well at EU and Member States level and to achieve methane neutrality by 2050 at the latest for the EU energy, agriculture, waste and waste water sector in line with the European Climate Law.
Amendment 182 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘methane emissions’ means all direct emissions occurring from all components that are potential sources of methane emissions, whether as a result of intentional or unintentional venting, incomplete combustion in flares or from other components and unintentional leaks;
Amendment 186 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41 a (new)
Article 2 – paragraph 1 – point 41 a (new)
(41 a) ‘leak’ means the release of gas from a compoment thatis abnormal or out of the limits of its design.
Amendment 190 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41 b (new)
Article 2 – paragraph 1 – point 41 b (new)
(41 b) ‘component’ means a piece of equipment that has the potential to emit fugitive emissions of methane or volatile organic compounds (VOC)including but not limited to a valve, fitting, flange, threaded-connection, process drain, stuffing box, pressure-vacuum, valve, pipe, seal fluid system, diaphragm, hatch, sight-glass, meter, open-ended line, continuous bleed and intermittent-vent fossil gas powered pneumatic device, fossil gas powered pneumatic pump, centrifugal compressor wet seal, or reciprocating compressor rod packing or seal, combustion devices and vapor recovery systems.
Amendment 208 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 10
Article 2 – paragraph 1 – point 10
(10) ‘emission factor’ means a coefficient that quantifies the emissions or removals of a gas per unit activity, which is often based on a sample of measurement data, averaged to develop a representative rate of emission for a given activity level under a given set of operating conditions;
Amendment 209 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 11
Article 2 – paragraph 1 – point 11
(11) ‘generic emission factor’ means a standardised emission factor for each type of emission source which is typically derived from inventories or databases, but in any case not verified through direct measurementsdirect measurement and used in inventories or databases, but based on direct measurements of a specific operator or facility;
Amendment 213 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 12
Article 2 – paragraph 1 – point 12
(12) ‘specific emission factor’ means an emission factor derived from direct measurements from a specific operator or facility;
Amendment 225 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘leak detection and repair survey’ means a survey with the whole spectrum of suitable advanced technology and in the future developed innovative technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting;
Amendment 227 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 17
Article 2 – paragraph 1 – point 17
(17) ‘leak detection and repair survey’ means a survey with an instrument, such as an optical gas imaging camera or other advanced technology and with a quantified minimum detection limit and confidence bound, to identify sources of methane emissions, including leaks and unintentional ventingmalfunction;
Amendment 232 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘venting’ means the release of uncombusted methane into the atmosphere either intentionally from processes, activities or devices designed for such a purpose, or unintentionally in the case of a malfunction or geological constraints;
Amendment 236 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 22
Article 2 – paragraph 1 – point 22
(22) ‘routine flaring’ means flaring during the normal production of oil or fossil gas and in the absence of sufficient facilities or amenable geology to re-inject methane, utilise it on-site, process the gas, or dispatch it to a market;
Amendment 266 #
2021/0423(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 41 c (new)
Article 2 – paragraph 1 – point 41 c (new)
(41 c) ‘polluter pays principle’ means as defined in Article 2 2 [amended Protection of the environment through criminal law
Amendment 268 #
2021/0423(COD)
Proposal for a regulation
Article 3 – paragraph 1
Article 3 – paragraph 1
1. When fixing or approving transmission or distribution tariffs or the methodologies to be used by transmission system operators, distribution system operators, LNG terminal operators or other regulated companies including where applicable underground gas storage operators, regulatory authorities shall take into account the costs incurred and investments made to comply with the obligations under this Regulation including the polluter pays principle, insofar as they correspond to those of an efficient and structurally comparable regulated operator.
Amendment 279 #
2021/0423(COD)
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall ensure that the competent authorities have adequate powers and reestablish a contact point, have adequate powers and resources including human ressources to perform the obligations set out in this Regulation.
Amendment 298 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [18 months after the date of entry into force of this Regulation]. Already established controlling mechanisms with the authorities and best practice examples should be identified and taken into account when carrying out the inspection.
Amendment 299 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. The competent authorities shall carry out periodic inspections to check the compliance of operators or mine operators with the requirements set out in this Regulation. The first inspection shall be completed by … [18 months after the date of entry into force of this Regulation]. Already established controlling mechanisms with the authorities should be taken into account. Best practice examples should be identified.
Amendment 301 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 2 – subparagraph 2
Article 6 – paragraph 2 – subparagraph 2
Where an inspection has identified a serious breach of the requirements of this Regulation, the competent authorities shall issue a notice of remedial actions to be undertaken by the operator or mine operator, with clear deadlines for these actions, as part of the report referred to in paragraph 5.
Amendment 304 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. AfteWithin one month after the due date for the first inspection referred to in paragraph 1, theeach competent authoritiesy shall draw up a programmes for routine inspections. The period between inspections shall be based on an appraisal of the environmental risk, taking into account the cumulative climate impact of all methane emissions, and shall not exceed two years. Where an inspection has identified a serious breach of the requirements of this Regulation, the subsequent inspection shall take place within one6 months. Otherwise, each subsequent inspection shall take place within 2 years..
Amendment 312 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 4 – point a
Article 6 – paragraph 4 – point a
(a) to investigate substantiated complaints referred to in Article 7 and occurrences of non-compliance as soon as possible after the date the competent authorities become aware of such complaints or non-compliance and no later than 6 months after such date;
Amendment 318 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 6
Article 6 – paragraph 6
6. Operators and mine operators shall take without delay all the necessary actions set out in the report referred to in paragraph 5 within the period determined by the competent authorities or any other period agreed with the competent authorities.
Amendment 319 #
2021/0423(COD)
Proposal for a regulation
Article 6 – paragraph 6 a (new)
Article 6 – paragraph 6 a (new)
6 a. Operators and mine operators shall take all the necessary actions to ensure a high level of actions and reporting regarding the health and safety of workers.
Amendment 320 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities. In this context, the European Justice Portal should next to the competent authorities enable the submission of complaints and provide access to national authorities as well as information.
Amendment 321 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operators, may lodge a written complaint with the competent authorities. In this context, the European Justice Portal shall together with the competent authorities enable the submission of complaints and provide access and information to national authorities.
Amendment 325 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Any natural or legal person which considers that it has suffered injury as a result of a breach of the requirements of this Regulation by operators or mine operatorsholds provisional evidence, may lodge a written complaint with the competent authorities.
Amendment 332 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. The complaints shall be duly substantiated and contain sufficient evidence of the alleged breach and of the injury resulting therefrom.
Amendment 336 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Where it becomes apparent that the complaint does not provide sufficient evidence to justify pursuing an investigation, the competent authorities shall inform the complainant ofwithin a reasonable time but no later than one month. the reasons for their decision not to pursue an investigation.
Amendment 338 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Without prejudice to the rules applicable pursuant to national law, the competent authorities shall keep the complainant informed of the steps taken in the procedure and, where applicable, inform them of appropriate alternative forms of redress, such as recourse to national courts or any other national or international complaints procedure. A progress report should be accessible at the European Justice Portal.
Amendment 339 #
2021/0423(COD)
Proposal for a regulation
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Without prejudice to the rules applicable pursuant to national law, the competent authorities shall keep the complainant informed of the steps taken in the procedure and, where applicable, inform them of appropriate alternative forms of redress, such as recourse to national courts or any other national or international complaints procedure. A progress report shall be accessible at the European Justice Portal.
Amendment 347 #
2021/0423(COD)
1. Verifiers shall assess the conformity of the emissions reports submitted to them by operators or, mine operators or importers in accordance with this Regulation. They shall assess the conformity of the reports with the requirements laid down this Regulation and review all data sources and methodologies used in order to assess their reliability, credibility and accuracy, in particular the following points:
Amendment 348 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 1 – point d
Article 8 – paragraph 1 – point d
(d) any quality control or quality assurance systems applied by the operators or, mine operators or importers.
Amendment 349 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 1
Article 8 – paragraph 2 – subparagraph 1
In carrying out the verification activities referred to in paragraph 1, verifiers shall use free and publicly available European or international standards for methane emissions quantification as made applicable by the Commission in accordance with paragraph 5. Until such date where the applicability of those standards is determined by the Commission, verifiers shall use existing European or international standards for quantification and verification of greenhouse gas emissions. Where no international or European standards are available, operators, mine operators and importers shall provide information to the verifiers on the standards or methodologies used by the operators, mine operators and importers, for the purpose of verification activities.
Amendment 359 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 2 – subparagraph 2
Article 8 – paragraph 2 – subparagraph 2
Verifiers may conduct announced site checks to determine the reliability, credibility and accuracy of the data sources and methodologies used.
Amendment 364 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 3 – subparagraph 3
Article 8 – paragraph 3 – subparagraph 3
Where the assessment concludes that the emissions report does not comply with the requirements of this Regulation, the verifiers shall inform the operator or the, mine operator or importer thereof and the operator or the, mine operator or importer shall submit a revised emissions report to the verifier without delay and no later than within a week. .
Amendment 370 #
2021/0423(COD)
Proposal for a regulation
Article 8 – paragraph 4
Article 8 – paragraph 4
4. Operators and, mine operators and importers shall provide the verifiers with all the assistance necessary to enable or facilitate the performance of the verification activities, notably as regards access to the premises and the presentation of documentation or records.
Amendment 376 #
2021/0423(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point a
Article 10 – paragraph 1 – point a
(a) aggregation of methane emissions data in accordance with appropriate statistical methods, notably on specific fossil gas supply chains into the Union to identify those where leakage potentially exceeds 3%;
Amendment 377 #
2021/0423(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e
Article 10 – paragraph 1 – point e
(e) reporting of findings on major discrepancies between data sources, contributing to build more robust scientific methodologies.
Amendment 378 #
2021/0423(COD)
Proposal for a regulation
Article 10 – paragraph 1 – point e a (new)
Article 10 – paragraph 1 – point e a (new)
(e a) assistance to Member States with the identification andmonitoring of methane emissions from inactive wells and closed and abandoned underground coal mines
Amendment 392 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. By … [12 months from the date of entry into force of this Regulation], ] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing direct measurements of source- level methane emissions estimated using generic but source-specific emission factors for all sourcesfor operated and non-operated assets, complemented by measurements of site-level methane emissions, thereby allowing assessment and verification of the source-level estimates aggregated by site.
Amendment 401 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 2
Article 12 – paragraph 2
2. By … [24 months from the date of entry into force of this Regulation], operators shall also submit a report to the competent authorities containing direct measurements of source-level methane emissions for operated assets. Reporting at such level may involve the use of source- level measurement and sampling as the basis for establishing specific emission factors used for emissions estimation. Measurement must include appropriate quantification of episodic or periodic emission sources to allow accurate calculation of annual emission from these sources.
Amendment 417 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 1
Article 12 – paragraph 3 – subparagraph 1
By … [3624 months from the date of entry into force of this Regulation] and by 30 March every year thereafter, operators shall submit a report to the competent authorities containing updated direct measurements of source-level methane emissions for operated and non-operated assets referred to in paragraph 2, complemented by measurements of site- level methane emissions of every site within their operation, thereby allowing assessment and verification of the source- level estimates aggregated by site.
Amendment 426 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 a (new)
Article 12 – paragraph 3 – subparagraph 2 a (new)
The samples used under paragraphs 2 and 3 shall be of adequate size and representative, including adequate representation of episodic or periodic emissions events. By the 31 December 2023, the Commission shall adopt a delegated act in accordance with Article 31 to supplement this Regulation by setting out the requirement for sampling methodology.
Amendment 429 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 3 – subparagraph 2 b (new)
Article 12 – paragraph 3 – subparagraph 2 b (new)
The site-level measurement under paragraphs 2 and 3 shall take place every 6 months in the 2 years following the date of entry into force of this Regulation and every 3 months after that.
Amendment 437 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
Amendment 441 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5
Article 12 – paragraph 5
Amendment 446 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 1
Article 12 – paragraph 5 – subparagraph 1
Amendment 455 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 5 – subparagraph 2
Article 12 – paragraph 5 – subparagraph 2
Amendment 464 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point d
Article 12 – paragraph 6 – subparagraph 1 – point d
(d) all methane emissions for operated and non-operated assets;
Amendment 465 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point e
Article 12 – paragraph 6 – subparagraph 1 – point e
Amendment 470 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 6 – subparagraph 1 – point f
Article 12 – paragraph 6 – subparagraph 1 – point f
Amendment 486 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 7 a (new)
Article 12 – paragraph 7 a (new)
7 a. In the case that the site-level measurement is higher than the source- level inventory to a statistically significant degree, the operator must provide documentation to reconcile the source- level inventory and site-level measurements, and update its source-level inventory to reflect higher site-level measurements.
Amendment 487 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 7 b (new)
Article 12 – paragraph 7 b (new)
7 b. In the case that the site-level measurement is lower than the source- level inventory to a statistically significant degree, the operator must review the minimum detection limit (MDL)of the site-level measurement devices to confirm that it is sufficiently low to detect expected levels of emissions from individual equipment. If the MDL is not sufficiently low, the operator must remeasure with a device with a sufficiently low MDL within the same calendar year, and compare that result to the source-level inventory. If the MDL is determined to be adequate, the operator must provide documentation to justify the discrepancy.
Amendment 507 #
2021/0423(COD)
Proposal for a regulation
Article 12 – paragraph 11 a (new)
Article 12 – paragraph 11 a (new)
11 a. Monitoring and reporting shall refer to the global warming potential (GWP), which is on a 100-year time scale 29,8 times greater than carbon dioxide and 82,5 times more potent on a 20-year time scale.
Amendment 508 #
2021/0423(COD)
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Operators shall take all measures available to them to prevent and minimise methane emissions in their operations. in order to reach, for oil and gas assets, a performance standard of 0.2% methane emissions intensity (ofoverall quantities of oil and gas imported into or extracted within the EU)within three years of the date of entry into force of this Regulation and in full respect of the European Climate Law.
Amendment 524 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 1 – subparagraph 1
Article 14 – paragraph 1 – subparagraph 1
By … [3 months from the date of entry into force of this Regulation], operators shall submit a leak detection and repair programme to the competent authorities which shall detail the contents of the surveys to be carried out in accordance with the requirements in this Article to ensure environmental, economic and security benefits including for critical infrastructure.
Amendment 549 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2
Article 14 – paragraph 2 – subparagraph 2
Thereafter, leak detection and repair surveys shall be repeated every three monthsmonth. Depending on the leakage susceptibility of the material the pipelines are made of, leak detection and repair surveys may be repeated every three months for lower risk infrastructure, as specified by the Commission. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by specifying the characteristics and standards for lower risk infrastructure.
Amendment 561 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 2 a (new)
Article 14 – paragraph 2 – subparagraph 2 a (new)
Alternative methodology which is demonstrated to the competent authority to reduce emissions at least as muchas the methodologies in point (a) and (b) at their prescribed frequencies. The alternative methodology may be applied ata different frequency than the default methodologies or may be effectively continuous..[---1] [-- -1]Note: In the alternative, this could be the subject of a delegated act and, in this way, ensure that the regulation is not stuck on particular technologies and otherwise allow for technical progress.
Amendment 571 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. In carrying out the surveys, operators shall use devices that allow detectiat least one of loss of methane from components of 500 partthe following methodologies as sper million or more.cified:
Amendment 574 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3 – point b (new)
Article 14 – paragraph 3 – point b (new)
(b) devices with the whole spectrum of suitable advanced technology and in the future developed innovative technology with a quantified minimum detection limit and confidence bound. such as optical permanent or non-permanent gas imaging, satellite technology, sensor, technology, trucks drones or engineers calculation;
Amendment 576 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Monthly Optical Gas Imagining(OGI) inspections. By 31 December 2023 the Commission shall adopt a Delegated Act in accordance with Article 31 to establish the modalities of the OGI monthly inspections. Operators shall repair all components found to be emitting by OGI inspections, besides for the exceptions defined in paragraph 4.
Amendment 577 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3 a (new)
Article 14 – paragraph 3 a (new)
3 a. Research capacities to develop more precise technology to detect methane leakage and to reduce deployment of human ressources and costs for the operators or the third party service provider shall be encouraged with financial incentives and the emphasis of current EU-research programmes such as Horizon Europe.
Amendment 578 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 3 b (new)
Article 14 – paragraph 3 b (new)
3 b. If OGI inspections cannot be performed, monthly inspections with a volatile organic compound (VOC) instrument detector capable of detecting a concentration of 50 ppmv. For VOC instrument detector, any emissions causing readings over 500 ppmv must be repaired.
Amendment 591 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 1
Article 14 – paragraph 4 – subparagraph 1
Operators shall repair or replace all components found to be emitting 500 parts per million or more of methane.
Amendment 605 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 4 – subparagraph 2
Article 14 – paragraph 4 – subparagraph 2
The repair or replacement of the components referred to in the firstis subparagraph shall take place immediately after detection, or as soon as possible thereafter but no later than five days after detection, provided operators can demonstrate that safety or technical considerations do not allow immediate action and provided operators establish a repair and monitoring schedule.
Amendment 635 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 1
Article 14 – paragraph 5 – subparagraph 1
Notwithstanding paragraph 2, operators shall re-survey components that were found to be emitting 500 parts per million or more ofleaking methane during any of the previous surveys as soon as possible after the repair carried out pursuant to paragraph 4, and no later than 15 days thereafter to ensure that the repair was successful. Competent authorities can consider the leaks repaired when an infra-red camera does not detect emissions or when an instrument does not detect a concentration of hydrocarbons above 500 ppm.
Amendment 648 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 5 – subparagraph 2
Article 14 – paragraph 5 – subparagraph 2
Notwithstanding paragraph 2, operators shall survey components that were found to be emitting below 500 parts per million of methane17 gram per hour of methane, and were not repaired due to application of an exception listed in paragraph 4, no later than three months after the emissions were detected, to check whether the size of loss of methane has changed.
Amendment 662 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 7 – subparagraph 1
Article 14 – paragraph 7 – subparagraph 1
Within one month after each survey, operators shall submit a report with the results of the survey and asummarising the leaks that could not be repaired and the corresponding repair and monitoring schedule to the competent authorities of the Member State where the relevant assets are located. The report shall include at least the elements set out in Annex I.
Amendment 670 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Member States shall ensure that certification, accreditation schemes or equivalent qualification schemes, including suitable training programmes, and qualified instructors are available for service providers with respect to the surveys.
Amendment 673 #
2021/0423(COD)
Proposal for a regulation
Article 14 – paragraph 9 a (new)
Article 14 – paragraph 9 a (new)
9 a. Member States may consider non- compliance with this Article as an offence according to the Protection of the environment through criminal law.
Amendment 678 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 2 – introductory part
Article 15 – paragraph 2 – introductory part
2. Venting and flaring shall only be allowed in the following situations:
Amendment 705 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – introductory part
Article 15 – paragraph 3 – introductory part
3. Venting and flaring under point (b) of paragraph 2 shall includebe limited to the following specific situations only where venting and flaring cannot be completely eliminated:
Amendment 717 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 3 – point c
Article 15 – paragraph 3 – point c
(c) during gauging or sampling a storage tank or other low-pressure vessel, provided that the tank or vessel meets the standards set out in accordance with paragraph 7;
Amendment 782 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 a (new)
Article 15 – paragraph 5 a (new)
5 a. Where any site is built, replaced or refurbished, in whole or in part, operators shall utilise only zero-emitting pneumatic controllers and pumps.
Amendment 790 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 c (new)
Article 15 – paragraph 5 c (new)
5 c. Equipment that vents, for which there is an alternative that does not vent, shall be replaced by 31 December 2025 at the latest. The Commission may adopt a delegated act to implement the replacement by the 31 December 2023.
Amendment 793 #
2021/0423(COD)
Proposal for a regulation
Article 15 – paragraph 5 b (new)
Article 15 – paragraph 5 b (new)
5 b. The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by defining and setting out the applicability of standards for pneumatic devices and pumps, compressors, storage vessels, or other components designed to vent for the purposes of this Regulation.
Amendment 830 #
2021/0423(COD)
Proposal for a regulation
Article 17 – paragraph 3
Article 17 – paragraph 3
3. Operators shall conduct continuous monitoring and at least weekly inspections of flare stacks in accordance with the elements set out in Annex III.
Amendment 847 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 3
Article 18 – paragraph 3
3. Reports containing the measurements referred to in paragraph 2 shall be submitted to the competent authorities by … [2418 months of the date of entry into force of this Regulation] and by 30 March every year thereafter and cover the last available calendar year. Before submission to the competent authorities, the reports set out in this paragraph shall be assessed by a verifier and include a verification statement issued in accordance with Articles 8 and 9.
Amendment 856 #
2021/0423(COD)
Proposal for a regulation
Article 18 – paragraph 6 – subparagraph 1
Article 18 – paragraph 6 – subparagraph 1
By [12 months from the date of entry into force of this Regulation] Member States shall develop and implement a mitigation plan to remediate, reclaim and permanently plug inactive wells located in their territory, and implement it by [24 months from the date of entry into force of this Regulation].
Amendment 970 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 1
Article 27 – paragraph 1 – subparagraph 1
By … [912 months from the date of entry into force of the Regulation] and by 31 December every year thereafter, importers shall provide the information set out in Annex VIII to the competent authorities of the impin Article 12(2) of this Regulation and by [24 months from the date of entry into force of the Regulation] the information required in Article 12(3) to the competent authoritinges of any Member State importing fossil gas.
Amendment 973 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 1 – subparagraph 2
Article 27 – paragraph 1 – subparagraph 2
The Commission shall be empowered to adopt delegated acts in accordance with Article 31 to supplement this Regulation by amending or adding to the information to be provided by importers, to get a complete overview of the methane pollution levels of the imported gas, oil and coal and in line with the obligations regarding the value chain as set out in [corporate sustainability due diligence].
Amendment 987 #
2021/0423(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
By 31 December 2025, or earlier if the Commission considers that sufficient evidence is available, the Commission shall examine the application of this Articleissue a proposal for a legislative instrument establishing a performance standard of 0.2 % methane emissions intensity on allfossil gas and oil imports and a commensurate standard for coal imports, considering in particular:
Amendment 998 #
2021/0423(COD)
Proposal for a regulation
Article 27 a (new)
Article 27 a (new)
Amendment 1005 #
2021/0423(COD)
Proposal for a regulation
Article 28 – paragraph 2 – point b – point ii a (new)
Article 28 – paragraph 2 – point b – point ii a (new)
(ii a) whether it has signed the Global Methane Pledge;
Amendment 1008 #
2021/0423(COD)
Proposal for a regulation
Article 29 – paragraph 1 – subparagraph 1
Article 29 – paragraph 1 – subparagraph 1
By … [two years after the date of entry into force of the Regulation], the Commission shall establish a global methane monitoring tool based on satellite data and input from several certified data providers and services, including the Copernicus component of the EU Space Programme and the European Environment Agency.
Amendment 1009 #
2021/0423(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The tool shall inform the Commission’s bilateral dialogues with respect to methane emissions policies and measures. Where the tool identifies a new major emission source, the Commission shall alert the relevant country with a view to promoting awareness and remedial actions. , if needed, shall offer technical support to ensure fast remedial actions. The alert shall be published and linked with follow-up actions on the European Commission website.
Amendment 1010 #
2021/0423(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. The tool shall inform the Commission’s bilateral dialogues with respect to methane emissions policies and measures. Where the tool identifies a new major emission source, the Commission shall alert the relevant country with a view to promoting awareness and remedial actions. It shall offer technical support to ensure fast remedial actions when needed.
Amendment 1013 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 1
Article 30 – paragraph 1
1. Member States shall lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented including the polluter pays principle.
Amendment 1014 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point a (new)
Article 30 – paragraph 1 – point a (new)
(a) lay down the rules on penalties applicable to infringements of the provisions of this Regulation and shall take all measures necessary to ensure that they are implemented.
Amendment 1015 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 1 – point b (new)
Article 30 – paragraph 1 – point b (new)
(b) guarantee that national regulatory authorities (NRAs) have adequate access to methane emissions data, preferably direct unlimited access to all data reported to the IMEO or at least to all data referring to entities operating in their legal domain of responsibility. In providing such access, data must be traceable, trustworthy, attributable to pathways, flows, and entities, internationally consistent and timely.
Amendment 1033 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 3 – point l a (new)
Article 30 – paragraph 3 – point l a (new)
(l a) failure of importers to ensure monitoring and reporting, leak detection and repair, and limits on venting and flaring, in accordance with Article 27 (new).
Amendment 1040 #
2021/0423(COD)
Proposal for a regulation
Article 30 – paragraph 5
Article 30 – paragraph 5
5. Member States shall publish annually information on the type and the size of the penalties imposed under this Regulation and in line with the penalties as set out in the [amended Protection of the environment through criminal law], the infringements and the operators upon which penalties have been imposed.
Amendment 1054 #
2021/0423(COD)
Proposal for a regulation
Article 33 – paragraph 2 a (new)
Article 33 – paragraph 2 a (new)
2 a. A database with the the whole range of suitable advanced technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting should be created by the Commission until the 31. December 2024. This Database should basis and be extended to in the future developed innovative technology and updated and published annually.
Amendment 1055 #
2021/0423(COD)
Proposal for a regulation
Article 33 a (new)
Article 33 a (new)
Article 33 a 2a. A database with the the whole range of suitable advanced technology with a quantified minimum detection limit and confidence bound to identify sources of methane emissions, including leaks and unintentional venting should be created by the Commission until the 31. December 2024. This Database shall be extended to upcoming developed innovative technology and it shall be updated and published annually.
Amendment 1062 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iii
Annex I – paragraph 2 – point iii
(iii) For components found to be emitting 500 parts per million17 gram per hour or more of methane, indication of whether repair was undertaken during the LDAR survey and if not why, taking into account the requirements as regards what elements can be taken into account for a delayed repair, as per Article 14, paragraph 4.
Amendment 1069 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point iv
Annex I – paragraph 2 – point iv
(iv) For components found to be emitting 500 parts per million17 gram per hour or more of methane, planned repair schedule indicating planned date of repair,
Amendment 1076 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 2 – point v
Annex I – paragraph 2 – point v
(v) For components found to be emitting less than 500 parts per million in previous LDAR survey, but found to be emitting 500 parts per million17 gram per hour or more of methane during post LDAR monitoring to check whether the size of loss of methane has evolved, indication whether repair was undertaken immediately and if not, why not (as per iii), and planned repair schedule indicating planned date of repair.
Amendment 1081 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iii
Annex I – paragraph 5 – point iii
(iii) For components found to be emitting 500 parts per million17 gram per hour or more of methane, results of monitoring after repair to check if repair was successful
Amendment 1087 #
2021/0423(COD)
Proposal for a regulation
Annex I – paragraph 5 – point iv
Annex I – paragraph 5 – point iv
(iv) For components found to be emitting less than 500 parts per million17 gram per hour of methane, results of post LDAR monitoring to check whether the size of loss of methane has evolved and recommendation on the basis of finding.
Amendment 1148 #
2021/0423(COD)
Proposal for a regulation
Annex VIII – paragraph 2 – point vii a (new)
Annex VIII – paragraph 2 – point vii a (new)
(vii a) a reference to its own methane reduction action plan according to Article 15 of [corporate sustainability due diligence]
Amendment 130 #
2021/0422(COD)
Proposal for a directive
Recital 2
Recital 2
(2) The Union continues to be concerned with the rise in environmental criminal offences and their effects, which undermine the effectiveness of Union environmental legislation. These offences are moreover increasingly extending beyond the borders of the Member States in which the offences are committed. Such offences pose a threat to the environment and therefore call for an appropriate and effective response. A better cross-border cooperation between competent authorities should be established in order to fight environmental crime.
Amendment 158 #
2021/0422(COD)
Proposal for a directive
Recital 10
Recital 10
(10) The acceleration of climate change, biodiversity loss and environmental degradation, paired with tangible examples of their devastating effects, have led to the recognition of the green transition as the defining objective of our time and a matter of intergenerational equity. Therefore, when Union legislation covered by this Directive evolves, this Directive should also cover any updated or amended Union legislation falling within the scope of criminal offences defined under this Directive, when the obligations under Union law remain unchanged in substance. However, when new legal instruments prohibit new conduct harmful to the environment, this Directive should be amended in order to add to the categories of criminal offences also the new serious breaches of Union environmental law. In order to quickly incorporate new criminal offences, any amendment of this Directive should only concern Article 3, and not include a complete amendment of the Directive.
Amendment 162 #
2021/0422(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Environmental criminal offences need 'to pay full regard to the welfare requirements of animals' as enshrined in Article 13 of Title II TFEU “since animals are sentient beings”. Member States may adopt more stringent rules provided they are compatible with the provisions of the Treaty but EU legislation concerning the welfare conditions of farm animals lays down minimum standards. The European Convention for the Protection of Animals kept for Farming Purposes and the Council Directive 98/58/EC are based on the so-called “Five Freedoms” to ensure EU minimum standards for wild, farm, laboratory and companion animal welfare: freedom from hunger and thirst, freedom from discomfort, freedom from pain, injury and disease, freedom to express normal behaviour and freedom from fear and distress. This includes as well the unjustified and systematic prescription of antibiotics with its negative impact regarding antimicrobial resistance (AMR) for human and animal health and for the ecosystem. Cruelty or causing avoidable pain, distress and suffering to animals should also be taken into consideration as an aggravating circumstance.
Amendment 165 #
2021/0422(COD)
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) The "One Health" approach recognises the interconnection between people, animals, plants, and their shared environment and is an integrated, unifying approach that aims to sustainably balance and optimise the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment (including ecosystems) are closely interlinked and inter-dependent.
Amendment 168 #
2021/0422(COD)
Proposal for a directive
Recital 12 a (new)
Recital 12 a (new)
(12a) Forests are an essential ally in the fight against climate change and biodiversity loss. They function as carbon sinks, and help to reduce the impacts of climate change, for example by cooling down cities, protecting them from heavy flooding, and reducing drought impact. Especially with regards to offences that create a spiral of severe environmental damages falling within the scope of the EU Biodiversity Strategy for 2030, presenting irreversible danger to the balance of whole ecosystems, such as illegal logging, committing forest fires and destruction of wildlife habitats or other offences against forests, should be taken into account as possible aggravating circumstances.
Amendment 171 #
2021/0422(COD)
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) Ecocide refers to the process of environmental or ecological destruction and means unlawful or wanton acts committed with knowledge that there is a substantial likelihood of severe and either widespread or long-term damage to the environment being caused by those acts. It can be linked to unlawful economic activity, unsocial behaviour, disrespect of human rights, war crimes, excessive pollution, destruction of biodiversity or wilful and severe actions aggravating climate change beyond the enshrined limits according to the Paris agreement.
Amendment 202 #
2021/0422(COD)
Proposal for a directive
Recital 24
Recital 24
(24) Environmental criminal offences harm nature and society. By reporting breaches of Union environmental law, peopleindividuals or organisations from the civil society perform a service of public interest and play a key role in exposing and preventing such breaches, and thus safeguarding the welfare of society. Individuals in contact with an organisation in the context of their work-related activities are often the first to know about threats or harm to the public interest and the environment. Persons who report irregularities are known as whistleblowers. Potential whistleblowers are often discouraged from reporting their concerns or suspicions for fear of retaliation. Such persons should benefit from balanced and effective whistleblowers protection set out under Directive (EU) 2019/1937of the European Parliament and of the Council25 . _________________ 25 Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305/17).
Amendment 218 #
2021/0422(COD)
Proposal for a directive
Recital 30
Recital 30
(30) To ensure an effective, integrated and coherent enforcement system that includes administrative, civil and criminal law measures, Member States should organise internal cooperation and communication between all actors along the administrative and criminal enforcement chains and between punitive and remedial sanctioning actors. Following the applicable rules, Member States should also cooperate through EU agencies, in particular Eurojust and Europol, as well as with EU bodies, including the European Public Prosecutor’s Office (EPPO) and the European Anti-Fraud Office (OLAF), in their respective areas of competence. The mandate of EPPO should be extended to also cover serious environmental crimes with a cross-border dimension. In order to fulfil this new and broader task, EPPO needs adequate resources and funding.
Amendment 257 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "severe" means damage which involves very serious adverse changes, disruption or harm to any element of the environment, including grave impacts on human life or natural, cultural or economic resources;
Amendment 258 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) ‘environment’ means everything living including humans, animals and plants, and everything non-living including the atmosphere, the hydrosphere and the litosphere;
Amendment 260 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5a) "wanton" means with reckless disregard for damage which would be clearly excessive in relation to the social and economic benefits anticipated;
Amendment 261 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
(5b) ‘polluter pays principle’ means that polluters should bear the costs of their pollution or environmental damage, including the cost of measures taken to prevent, control and remedy pollution, as well as the costs the polluters impose on society;
Amendment 263 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 b (new)
Article 2 – paragraph 1 – point 5 b (new)
Amendment 265 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) "long-term" means damage which is irreversible or which cannot be redressed through natural recovery within a reasonable period of time;
Amendment 266 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 c (new)
Article 2 – paragraph 1 – point 5 c (new)
(5c) ‘ecocide’ means unlawful or wanton acts committed with the knowledge that there is a substantial likelihood that those acts cause a severe and either wide-spread or long-term damage to the environment.
Amendment 269 #
2021/0422(COD)
Proposal for a directive
Article 2 – paragraph 1 – point 5 d (new)
Article 2 – paragraph 1 – point 5 d (new)
(5d) ‘One Health Approach’ means an integrated, unifying approach that aims to sustainably balance and optimize the health of people, animals and ecosystems. It recognises that the health of humans, domestic and wild animals, plants, and the wider environment including ecosystems are closely interlinked and inter-dependent;
Amendment 328 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point k a (new)
Article 3 – paragraph 1 – point k a (new)
(ka) committing serious infringements of the EU Fisheries Control System, as defined in Article 90 of Council Regulation (EC) 1224/2009;
Amendment 332 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point l a (new)
Article 3 – paragraph 1 – point l a (new)
Amendment 359 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r a (new)
Article 3 – paragraph 1 – point r a (new)
(ra) ecocide as severe disrespect of the European Climate Law, the biodiversity and the pollution legislation;
Amendment 360 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r b (new)
Article 3 – paragraph 1 – point r b (new)
(rb) the significant harm of the environment in case of public or private investments when severely disrespecting the "do no significant harm" principle within the meaning of Article 17 of the Taxonomy regulation;
Amendment 361 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r c (new)
Article 3 – paragraph 1 – point r c (new)
(rc) the environmental damage to forests, including through committing forest fires intentionally or due to a lack of due diligence and the disrespect of the sustainability and greenhouse gas emissions saving criteria for biofuels, bioliquids and biomass fuels in Article 29 of (RED III - recast);
Amendment 362 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r d (new)
Article 3 – paragraph 1 – point r d (new)
(rd) the violation of standards as set in the Corporate Sustainability Due Diligence (COD2022/0051);
Amendment 363 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 1 – point r e (new)
Article 3 – paragraph 1 – point r e (new)
(re) the damage of the environment as defined in Directive 2004/35/CE on environmental liability with regard to the prevention and remedying of environmental damage;
Amendment 405 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 – point d a (new)
Article 3 – paragraph 5 – point d a (new)
(da) the polluter pays principle.
Amendment 410 #
2021/0422(COD)
Proposal for a directive
Article 3 – paragraph 5 a (new)
Article 3 – paragraph 5 a (new)
5a. 6. For the offences mentioned in this Article and in line with Article 25(3), Member states shall continuously ensure that new and updated legislation at EU, national and regional level regarding these offences is duly taken into account.
Amendment 494 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 4
Article 7 – paragraph 4
4. Member States shall take the necessary measures to ensure that offences referred to in Article 3(1) points (a) to (j), (n), (q), (r) are punishable by fines, the maximum limit of which shall be in line with competition law rules, i.e. not less than 510% of the total worldwide turnover of the legal person [/undertaking] in the business year preceding the fining decision.
Amendment 501 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5
Article 7 – paragraph 5
Amendment 508 #
2021/0422(COD)
Proposal for a directive
Article 7 – paragraph 5 a (new)
Article 7 – paragraph 5 a (new)
5a. The maximum limit of fines shall be extended to 15% in cases of offences with aggravating circumstances as referred to in Article 8, and in the case of ecocide.
Amendment 537 #
2021/0422(COD)
Proposal for a directive
Article 8 – paragraph 1 – point j a (new)
Article 8 – paragraph 1 – point j a (new)
(ja) cruelty or causing avoidable pain, distress and suffering to animals;
Amendment 598 #
2021/0422(COD)
Proposal for a directive
Article 13 – paragraph 1
Article 13 – paragraph 1
1. Member States shall take the necessary measures to ensure that protection granted under Directive (EU) 2019/1937, is applicable to both individual and legal persons reporting criminal offences referred to in Articles 3 and 4 of this Directive.
Amendment 632 #
2021/0422(COD)
Proposal for a directive
Article 19 – paragraph 1 a (new)
Article 19 – paragraph 1 a (new)
Article 19(a) Extension of EPPO mandate The mandate of the European Public Prosecutor's Office (EPPO) shall be extended to cover serious environmental crimes with a cross-border dimension. EPPO shall support Member States, but also intervene in cases where the actions of Member States regarding environmental crimes are not sufficient.
Amendment 649 #
2021/0422(COD)
Proposal for a directive
Article 21 – paragraph 3
Article 21 – paragraph 3
3. Member States shall ensure that the statistical data as well as a consolidated review of their statistics isare regularly published.
Amendment 666 #
2021/0422(COD)
Proposal for a directive
Article 25 – paragraph 3
Article 25 – paragraph 3
3. By [OP – please insert the date - five years after the transposition period is over], the Commission shall carry out an evaluation of the impact of this Directive and submit a report to the European Parliament and to the Council. Member States shall provide the Commission with necessary information for the preparation of that report. The Commission shall ensure that a regular update of criminal offences as outlined in Article 3 is secured.
Amendment 1767 #
2021/0420(COD)
Proposal for a regulation
Annex 2 - table - section AT
Annex 2 - table - section AT
Node Name: Klagenfurt Rail road terminals: comprehensivre (Villach -Fürnitz)
Amendment 883 #
2021/0366(COD)
Amendment 891 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 2
Annex II – paragraph 1 – point 2
2. Harmonised System code, free-text description, including the trade name as well as , where applicable, the full scientific name, and quantity70 of the relevant commodity or product that is intended to be placed on or exported from the Union market by the operator; __________________ 70 The quantity must be expressed in kilograms of net mass and, when applicable, also in the supplementary unit set out in Annex I to Council Regulation (EEC) No 2658/87 against the indicated Harmonised System code. A supplementary unit is applicable when it is defined consistently for all possible subheadings under the Harmonised System code mentioned in the due diligence statement.
Amendment 894 #
2021/0366(COD)
Proposal for a regulation
Annex II – paragraph 1 – point 3
Annex II – paragraph 1 – point 3
3. Country of production and all plots of land of production, including geo- localisation coordinates, latitude and longitude or polygon, and date or time range of production. Where a product or commodity contains materials, ingredients or components produced in different plots of land, the geo-location coordinates of all different plots of land shall be included;
Amendment 899 #
2021/0366(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on the making available on the Union market as well as export from the Union of certain commodities and products associated with deforestation and forest degradation, ecosystem conversion, ecosystem and forest degradation and human rights violations and repealing Regulation (EU) No 995/2010 (Text with EEA relevance)
Amendment 900 #
2021/0366(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) Deforestation, natural ecosystem conversion, ecosystem and forest degradation contribute to the global climate crisis in multiple ways. Most importantly, they increase greenhouse gas emissions through associated forest fires, permanently removing carbon sink capacities, decreasing climate change resilience of the affected area and substantially reducing its biodiversity. Deforestation alone accounts for 11 % of greenhouse gas emissions20 . __________________ 20 IPCC, Climate Change and Land: an IPCC special report on climate change, desertification, land degradation, sustainable land management, food security, and greenhouse gas fluxes in terrestrial ecosystems, https://www.ipcc.ch/srccl/.
Amendment 901 #
2021/0366(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) Climate breakdown induces the loss of biodiversity globally and biodiversity loss aggravates climate change, they are inextricably linked, as recent studies have confirmed. Biodiversity helps mitigate climate change. Insects, birds and mammals act as pollinators, seed dispersers and can help store carbon more efficiently, directly or indirectly. Forests also ensure a continuous replenishment of water resources and prevention of droughts and their deleterious effects to local communities, including indigenous peoples. Drastically reducing deforestation, natural ecosystem conversion, natural ecosystem and forest degradation and systemically restoring forests and other ecosystems is the single largest nature- based opportunity for climate mitigation.
Amendment 902 #
2021/0366(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) Union consumption is a considerable driver of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation on a global scale. The initiative’s Impact Assessment estimated that without an appropriate regulatory intervention EU consumption and production of the six commodities included in the scope (wood, cattle, soy, palm oil, cocoa and coffee) will rise to approximately 248,000 hectares of deforestation annually by 2030.
Amendment 903 #
2021/0366(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) The European Parliament highlighted that ongoing destruction and degradation of the world’s forests isand natural ecosystems, as well as human rights violations, are linked, to a large extent, to the expansion of agricultural production — in particular by converting forests to agricultural land dedicated to producing a number of high-demand products and commodities. The Parliament adopted on 22 October 2020 a resolution32 in accordance with Article 225 of the Treaty on the Functioning of the European Union (TFEU) requesting the Commission to submit, on the basis of Article 192(1) TFEU, a proposal for an “EU legal framework to halt and reverse EU-driven global deforestation” based on mandatory due diligence. __________________ 32 European Parliament resolution of 22 October 2020 with recommendations to the Commission on an EU legal framework to halt and reverse EU-driven global deforestation (2020/2006(INL) Available at https://www.europarl.europa.eu/doceo/doc ument/TA-9-2020-0285_EN.html.
Amendment 904 #
2021/0366(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Combatting deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and to comply with the Union's commitment under the European Green Deal as well as with the 2015 Paris Agreement on Climate Change33 , and with the legally binding commitment under the EU Climate Law to reach climate neutrality by 2050 at the latest and reduce greenhouse gas emissions by at least 55 % below 1990 levels by 2030. __________________ 33 Ratified by the EU on 5 October 2016, and entered into force on 4 November 2016.
Amendment 905 #
2021/0366(COD)
Proposal for a regulation
Recital 19
Recital 19
(19) This Regulation also follows the CommExisting free trade agreement’s Trade and Sustainable Development chapters with provission’s Communication on “An Open, Sustainable and Assertivon environmental protection, climate change, biodiversity and forests do not provide for sufficiently implementable obligations and are not enforceable. Regional free Ttrade Policy”38 which stated that wagreements often contribute to agricultural land expansion and net deforestation. With new internal and external challenges and more particularly a new, more sustainable growthdevelopment model as defined by the European Green Deal and the European Digital Strategy, the EU needs a new trade policy strategy –one that will support achieving its domestic and external policy objectives and promote greater sustainability in line with its commitment of fully implementing the UN Sustainable Development Goals. Trade policy must play its full role in the recovery from the COVID-19 pandemic and in the green and digital transformations of the economy and towards building a more resilient Europe in the world. __________________ 38 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Trade Policy Review - An Open, Sustainable and Assertive Trade Policy, COM(2021) 66 final, 18 February 2021.
Amendment 906 #
2021/0366(COD)
Proposal for a regulation
Recital 21
Recital 21
(21) The Commission should continue to work in partnership with producer countries, and more generally in cooperation with international organisations and bodies, and should be reinforcing its support and incentives with regard to protecting forests and transition to deforestation-free production, acknowledging the roleand strengthening the role and rights of indigenous people, improving governance and land tenure, including the right to free, prior and informed consent, increasing law enforcement and promoting sustainable forest management, climate-resilient agriculture, sustainable intensification and diversification, agro- ecology and agroforestry. In doing so it should acknowledge the role of indigenous people in protecting forests. Building upon the experience and lessons learned in the context of the already existing initiatives, the Union and the Member States should work in partnership with producer countries, upon their request, to exploit the multi-functionalities of forest, support them in the transition to sustainable forest management, and address global challenges while meeting local needs and paying attention to the challenges faced by smallholders in line with the Communication to Stepping up Action to Protect and Restore the World’s Forests. The partnership approach should help producer countries in protecting, restoring and sustainably using forest, hence contributing to the objective of this Regulation to reduce deforestation and forest degradation.
Amendment 907 #
2021/0366(COD)
Proposal for a regulation
Recital 21 a (new)
Recital 21 a (new)
(21 a) This Regulation recognises the economic importance of commodity exports for third countries as well as the specific challenges that smallholders, especially women, may face. Given that the share of smallholders in the production of the commodities concerned can be very high, special attention needs to be paid to the challenges that smallholders will face with the implementation of this Regulation. It is crucial that the operators buying from smallholders provide timely financial and technical support to help smallholders meet the new Union market access requirements. To support sustainable practices, such as agro-ecology and community forest management, the EU should tackle direct and indirect drivers of deforestation, including poverty, by promoting a living income for smallholders producing goods exported to the EU and securing sufficient resources to specifically support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market. At the same time, the setting up of a credible traceability system can empower smallholder farmers as it can avoid the non-payment of promised sustainability premiums, allow for electronic payments to producers by using the national traceability system thus combatting fraud and enable local authorities to collect knowledge on the number of producer plots and control the number of farmers.
Amendment 908 #
2021/0366(COD)
Proposal for a regulation
Recital 21 b (new)
Recital 21 b (new)
(21 b) In line with the UN Guiding Principles on Business and Human Rights (UNGP) and the OECD Guidelines for Multinational Enterprises, this Regulation should recognise that in carrying out their due diligence, companies must pay particular attention to the actual and potential negative impacts of their activities on marginalised or vulnerable groups. Businesses should also have to take into account the different risks that women and men may face, as women and people with different gender identities face gender-specific impacts.
Amendment 909 #
2021/0366(COD)
Proposal for a regulation
Recital 21 c (new)
Recital 21 c (new)
(21 c) This Regulation takes into account the UN Guiding Principles on Business and Human Rights, according to which all companies, regardless of their size, have a responsibility to respect human rights, while the policies and procedures for meeting these obligations must be commensurate with their size.
Amendment 910 #
2021/0366(COD)
Proposal for a regulation
Recital 21 d (new)
Recital 21 d (new)
(21 d) In order to provide support to operators and traders and to Competent Authorities, the Commission, in consultation with Member States, non- governmental organisations and other stakeholders should issue guidelines, including for specific sectors, to facilitate compliance with the information, risk assessment and risk mitigation requirements of this Regulation.
Amendment 911 #
2021/0366(COD)
Proposal for a regulation
Recital 22
Recital 22
(22) Another important action announced in the Communication is the establishment of the EU Observatory on deforestation, forest degradation, changes in the world’s forest cover and associated drivers (“EU Observatory”) launched by the Commission in order to better monitor changes in the world’s forest cover and related drivers. Moreover, building on already existing monitoring tools, including Copernicus products, the EU Observatory will facilitate access to information on supply chains for public entities, consumers and business, providing easy-to-understand data and information linking deforestation, forest degradation, and changes in the world’s forest cover to EU demand/trade for commodities and products. The EU Observatory will thus directly support the implementation of this Regulation by providing scientific evidence in regard to global deforestation and forest degradation and related trade. The Commission should also examine how land rights can be integrated into monitoring under the EU Observatory. The EU Observatory will cooperate closely with relevant international organisations, research institutes, non-governmental organisations and third countries.
Amendment 912 #
2021/0366(COD)
Proposal for a regulation
Recital 26
Recital 26
(26) The definition of “deforestation, conversion and degradation- free” should be sufficiently broad to cover both deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation, it should provide legal clarity, and it should be measurable based on quantitative, objective and internationally recognised data.
Amendment 913 #
2021/0366(COD)
Proposal for a regulation
Recital 27
Recital 27
(27) The Regulation should cover those commodities whose Union consumption is the most relevant in terms of driving global deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation and for which a Union policy intervention could bring highest benefits per unit value of tradebenefits. An extensive review of scientific literature, namely of primary sources estimating the impact of EU consumption on global deforestation and linking that footprint to specific commodities, was carried out as a part of the study supporting the Impact Assessment and cross-checked via extensive consultation with stakeholders. That process delivered a first list of eight commodities. Wood was directly included in the scope as it was already covered by the EUTR. The list of the commodities was then further reduced via an efficiency analysis in the Impact Assessment. This efficiency analysis compared the hectares of deforestation linked to EU consumption, as estimated in a recent research paper44 , for each of those commodities with their average value of EU imports. According to the research paper used for the efficiency analysis, six commodities represent the largest share of EU-driven deforestation among the total of eight commodities analysed in that research paper: palm oil (33,95%), soy (32,83%), wood (8,62%), cocoa (7,54%), coffee (7,01%) and beef (5,01%). Other commodities, such as maize, rubber, poultry, swine, sheep and goats are also contributing to EU-driven global deforestation, natural ecosystem conversion, natural ecosystem and forest degradation. All these commodities, as well as all goods that contain, have been fed with or have been made using these, or products deriving from them, should be within the scope of this Regulation from the beginning. The Commission should be empowered to add additional commodities and products to Annex I by delegated acts. __________________ 44 Pendrill F., Persson U. M., Kastner, T. 2020.
Amendment 914 #
2021/0366(COD)
Proposal for a regulation
Recital 29
Recital 29
(29) Obligations concerning relevant commodities and products should be laid down by this Regulation in order to effectively combat deforestation, natural ecosystem conversion, as well as natural ecosystem and forest degradation, and to promote deforestation, conversion and degradation- free supply chains.
Amendment 915 #
2021/0366(COD)
Proposal for a regulation
Recital 31
Recital 31
(31) A cut-off date should be set to provide a basis for the evaluation of whether concerned land has been subject to deforestation or forest degradation, meaning that no commodities and products in the scope of this Regulation would be allowed to enter the Union market or be exported if they were produced on land subject to deforestation, natural ecosystem conversion, or natural ecosystem or forest degradation after that date. It should allow for the appropriate verification and monitoring, correspond to existing international commitments, such as the SDGs and the New York Declaration on Forests, thusand minimisinge sudden disruption to supply chains while removing any incentive to accelerate activities leading to deforestation and forest degradation in view of the entry into force of this Regulation.
Amendment 916 #
2021/0366(COD)
Proposal for a regulation
Recital 32
Recital 32
(32) To strengthen the Union’s contribution to halting deforestation and forest degradation, and to ensure that commodities and products from supply chains related to deforestation, natural ecosystem conversion and natural ecosystem and forest degradation are not placed on the Union market, relevant commodities and products should not be placed or made available on the Union market, nor exported from the Union market unless they are deforestation, conversion and degradation-free and have been produced in accordance with the relevant legislation of the country of productionaw. To confirm that this is the case, they should always be accompanied by a due diligence statement.
Amendment 917 #
2021/0366(COD)
Proposal for a regulation
Recital 33
Recital 33
(33) On the basis of a systemic approach, operators should take the appropriate steps in order to ascertain that the relevant commodities and products that they intend to place on the Union market comply with the deforestation, conversion and degradation-free and legality requirements of this Regulation. To that end, operators should establish and implement due diligence procedures. The due diligence procedure required by this Regulation should include threefour elements: information requirements, risk assessment and risk mitigation measures and reporting obligations. The due diligence procedures should be designed to provide access to information about the sources and suppliers of the commodities and products being placed on the Union market, including information demonstrating that the absence of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and legality requirements are fulfilled, inter alia by identifying the country and area of production, including geo-location coordinates or polygons of relevant plots of land. These geo-location coordinates or polygons that rely on timing, positioning and/or Earth observation could make use of space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). Polygon mapping, by providing information on the accurate location and the accurate size of the plot of land, in combination with information on the accurate yield quantity allows for better estimates about the production potential of a farm and to detect volumes of commodities and products that are beyond the potential production of that farm and might indicate attempts of commodity- or product-laundry. On the basis of this information, operators should carry out a risk assessment. Where a risk is identified, operators should mitigate such risk to achieve no or negligible risk. Only after completing the required steps of the due diligence procedure and concluding that no or negligible risk exists that the relevant commodity or product is not compliant with this Regulation, should the operator be allowed to place the relevant commodity or product on the Union market or to export it. In order to foster transparency and facilitate enforcement, operators should, on an annual basis, publicly report on their due diligence system, including on the steps taken to implement their obligations.
Amendment 918 #
2021/0366(COD)
Proposal for a regulation
Recital 33 a (new)
Recital 33 a (new)
(33 a) Operators should undertake reasonable efforts to ensure a fair price is paid to the producers they source from, in particular smallholders, so as to enable a living income and effectively address poverty as a root cause of deforestation.
Amendment 919 #
2021/0366(COD)
Proposal for a regulation
Recital 35
Recital 35
(35) In order to recognise good practice, certification or other third party verified schemes could be used in the risk assessment procedure, however, they should notby no means substitute the operator’s responsibility as regards due diligence.
Amendment 920 #
2021/0366(COD)
Proposal for a regulation
Recital 37
Recital 37
Amendment 921 #
2021/0366(COD)
Proposal for a regulation
Recital 38
Recital 38
(38) Other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts should apply in so far as there are no specific provisions with the same objective, nature and effect in this Regulation which may be adapted in the light of future legislative amendments. This Regulation aims at checking the conformity of commodities and products with sustainability and legality requirements. It applies ex-ante, before commodities or products are placed on or exported from the EU market. The existence of this Regulation should not exclude the application of other EU legislative instruments that lay down requirements regarding value chain due diligence. Where such other EU legislative instruments provide for more specific provisions or add requirements to the provisions laid down in this Regulation, such provisions should be applied in conjunction with those of this Regulation. Furthermore, where this Regulation contains more specific provisions, they should not be interpreted in a way that undermines the effective application of other EU legislative instruments on due diligence or the achievement of their general aim.
Amendment 922 #
2021/0366(COD)
Proposal for a regulation
Recital 42
Recital 42
(42) For the relevant commodities and products entering or leaving the Union market, competent authorities are tasked with the verification of the compliance of relevant commodities and products with the obligations under this Regulation, whereas the role of customs is to ensure that the reference of a due diligence statement is made available in the customs declaration where applicable and, in addition as from the moment the electronic interface will be in place to exchange information between customs authorities and competent authorities, to check the status of the due diligence statement after an initial risk analysis carried out by competent authorities in the Information System and act accordingly (i.e. suspend or refuse a commodity or product if requested to do so through the status in the Information System). This specific organisation of controls discards the application of Chapter VII of Regulation (EU) 2019/1020 in so far as the application and enforcement of this Regulation is concerned.
Amendment 923 #
2021/0366(COD)
Proposal for a regulation
Recital 46
Recital 46
(46) The risk of non-compliant commodities and products being placed on the Union market variescan vary depending on the commodity and product as well as on its country of origin and production. Operators sourcing commodities and products from countries or parts thereof that present a low risk of growing, harvesting or producing relevant commodities in violation of this Regulation should be subject to fewer obligations, thereby reducing compliance costs and administrative burden. Commodities and products from high-risk countries or parts thereof should be subject to enhanced scrutiny by the competent authorities.
Amendment 924 #
2021/0366(COD)
Proposal for a regulation
Recital 47
Recital 47
(47) For this reason, the Commission should assess the deforestation, natural ecosystem conversion, and natural ecosystem and forest degradation risk at a level of a country or parts thereof based on a range of criteria that reflect both quantitative, objective and internationally recognised data, and indications that the countries are actively engaged in fighting deforestation and forest degradation, natural ecosystem conversion, forest and natural ecosystem degradation and the rights of indigenous peoples and local communities. This benchmarking information should make it easier for operators in the Union to exercise due diligence and for competent authorities to monitor and enforce compliance, while also providing an incentive for producer countries to increase the sustainability of their agricultural production systems and reduce their deforestation impact. This should help making supply chains more transparent and sustainable. This benchmarking system should be based on a threewo-tier classification of countries to be regarded as low, standard or high risk. In order to ensure appropriate transparency and clarity, the Commission should in particular make publicly available the data being used for benchmarking, the reasons for the proposed change of classification and the reply of the country concerned. For relevant commodities and products from low risk countries or parts of countries identified as low-risk, operators should be allowed to apply a simplified due diligence, whilst cCompetent authorities should be required to apply enhanced scrutiny on relevant commodities and products from high risk countries or parts of countries identified as high-risk. The Commission should be empowered to adopt implementing measures to establish the countries or parts thereof that present a low or high risk of producing relevant commodities and products that are not compliant with this Regulation.
Amendment 925 #
2021/0366(COD)
Proposal for a regulation
Recital 49
Recital 49
(49) The checks of operators and traders by competent authorities should cover the due diligence systems and the compliance of the relevant commodities and products with the provisions of this Regulation. The checks should be based on a risk-based plan of checks. The plan should contain risk criteria that enable competent authorities to carry out a risk analysis of the due diligence statements submitted by operators and traders. The risk criteria should take into account the risk of deforestation, natural ecosystem conversion, natural ecosystem and forest degradation and human rights violations associated to relevant commodities and products in the country of production or part thereof, the history of compliance of operators and traders with the obligations of this Regulation and any other relevant information available to competent authorities. The risk analysis of due diligence statements should allow competent authorities the identification of operators, traders and relevant commodities and products to be checked, and should be carried out using electronic data processing techniques in the information system which collects the due diligence statements. Where necessary, competent authorities, in close cooperation with authorities in third countries, should also conduct controls in situ.
Amendment 926 #
2021/0366(COD)
Proposal for a regulation
Recital 50 a (new)
Recital 50 a (new)
(50 a) Operators should support the compliance of their suppliers that are smallholders, with this regulation, including through investments and capacity-building, as well as pricing mechanisms that enable a living income for the producers they source from.
Amendment 927 #
2021/0366(COD)
Proposal for a regulation
Recital 51
Recital 51
(51) The plan for checks should be regularly updated on the basis of the results of its implementation. Those operators showing a consistent track record of compliance shouldmight be subject to a reduced frequency of checks.
Amendment 928 #
2021/0366(COD)
Proposal for a regulation
Recital 52
Recital 52
(52) In order to ensure implementation and effective enforcement of this Regulation, Member States should have the power to withdraw and recall non- compliant relevant commodities and products and take appropriate corrective actions. They should also ensure that infringements of this Regulation by operators and traders are sanctioned by effective, proportionate and dissuasive penalties and that operators failing to comply with the duties of this Regulation are liable and obliged to compensate for the harm that the exercise of due diligence would have avoided.
Amendment 929 #
2021/0366(COD)
Proposal for a regulation
Recital 53
Recital 53
(53) Taking into account the international character of deforestation, natural ecosystem conversion and natural ecosystem and forest degradation and related trade, competent authorities should cooperate with each other, with customs authorities of the Member States, with the Commission, as well as with the administrative authorities of third countries. Competent authorities should also cooperate with the competent authorities for the supervision and enforcement of other EU legislative instruments that set out due diligence requirements in the value chain with regard to adverse human rights or environmental impacts.
Amendment 930 #
2021/0366(COD)
Proposal for a regulation
Recital 54
Recital 54
(54) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, protecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. To address this, the Commission should assess the need and feasibility of extending the scope to other ecosystems and to further commodities two years after the entry into force. At the same time, the Commission should also undertake a review of the relevant products as listed in Annex I of this Regulation by way of a delegated actEcosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. They as well are increasingly under pressure of conversion and degradation due to commodity production for the EU market. To address this, these ecosystems should also be covered by this Regulation.
Amendment 931 #
2021/0366(COD)
Proposal for a regulation
Recital 58
Recital 58
(58) While this Regulation addresses deforestation and forest degradation, as envisaged in the 2019 Communication ’Stepping up EU Action to Protect and Restore the World’s Forests, pProtecting forests should not lead to the conversion or degradation of other natural ecosystems. Ecosystems such as wetlands, savannahs and peatlands are highly significant to global efforts to combat climate change, as well as other sustainable development goals and their conversion or degradation require particular urgent attention. An evaluation of the need and the feasibility of extending the scope of this Regulation to other ecosystems than forests should therefore be undertaken within 2 years of the entry into force of this Regulation.
Amendment 932 #
2021/0366(COD)
Proposal for a regulation
Recital 60
Recital 60
(60) Since the objective of this Regulation, fighting against deforestation, natural ecosystem conversion and natural ecosystem and forest degradation by reducing the contribution of consumption in the Union and by incentivising deforestation, ecosystem conversion and ecosystem and forest degradation reduction in producer countries, cannot be achieved by the Member States individually and can therefore, by reason of its scale, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
Amendment 933 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – introductory part
Article 1 – paragraph 1 – introductory part
This Regulation lays down rules regarding the placing and making available on the Union market, as well as the export from the Union market, of cattle, cocoa, coffee, oil palm, soya and wood (“relevant commodities”) and products, as listed in Annex Iertain commodities, listed in Annex I (“relevant commodities”), that contain, have been fed with or have been made using relevant commodities or products deriving from them (“relevant products”), with a view to
Amendment 934 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) minimising the Union’s contribution to deforestation and forest, forest degradation, ecosystem conversion and ecosystem degradation worldwide
Amendment 935 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b a (new)
Article 1 – paragraph 1 – point b a (new)
(b a) preventing the violation of human rights linked to the production of relevant commodities and products
Amendment 936 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point b b (new)
Article 1 – paragraph 1 – point b b (new)
(b b) contributing to a reduction in global deforestation, natural ecosystem conversion, forest and natural ecosystem degradation and the violation of human rights linked to the production of relevant commodities and products.
Amendment 937 #
2021/0366(COD)
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
The Regulation shall not apply to relevant commodities and products placed on the Union market that were produced before the date established in Article 36(1).
Amendment 938 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 1
Article 2 – paragraph 1 – point 1
(1) ‘deforestation’ means the conversion of forests to another land use, including agricultural use, whether human- induced or not. This definition also applies to the conversion of forests that are not plantation forests into plantation forests;
Amendment 939 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 a (new)
Article 2 – paragraph 1 – point 2 a (new)
(2 a) ‘agricultural use’ means the use of land for any one or more of the following: cultivation of temporary or annual crops that have a growing cycle of one year or less; cultivation of permanent or perennial crops that have a growing cycle of more than one year, including tree crops; cultivation of permanent or temporary meadows or pastures; and temporarily fallow land.
Amendment 940 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2 b (new)
Article 2 – paragraph 1 – point 2 b (new)
(2 b) ‘ecosystem conversion’ means the change of a natural ecosystem to another land use or change in a natural ecosystem’s species composition, structure, or function. This includes the introduction of management practices that result in a substantial and sustained change in the ecosystem’s species composition, structure, or function.
Amendment 941 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 4
Article 2 – paragraph 1 – point 4
(4) ‘plantation forest’ means a planted forest that is intensively managed and meets, at planting and stand maturity, all the following criteria: one or two species, even age class, and regular spacing. It specifically includes all short rotation plantations for wood, fibre and energy, and. It specifically excludes all forests planted for protection or ecosystem restoration, as well as forests established through planting or seeding which at stand maturity resemble or will resemble naturally regenerating forests;
Amendment 942 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 5 a (new)
Article 2 – paragraph 1 – point 5 a (new)
(5 a) ‘natural ecosystem’ means an ecosystem, including human-managed ecosystems, that substantially resembles, in terms of species composition, structure, and ecological function, an ecosystem that is or would be found in a given area in the absence of major human impacts. These include, in particular, land with high carbon stocks and land with a high biodiversity value such as savannahs, grasslands, peatlands and wetlands, such as mangroves.
Amendment 943 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 6
Article 2 – paragraph 1 – point 6
(6) ‘forest degradation’ means charvesting operations that are not sustainable and cause a reduction or loss of the biological or economic productivity and complexity of forest ecosystems, resulting in the long-term reduction of the overall supply of benefits from forest, which includes wood, biodiversity and other pronges within a forest that negatively affect its species composition, structure, or function and reduce the forest’s capacity to support biodiversity or deliver ecosystem services, whether human inductsed or servicesnot;
Amendment 944 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7
Article 2 – paragraph 1 – point 7
Amendment 945 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 7 a (new)
Article 2 – paragraph 1 – point 7 a (new)
(7 a) ‘ecosystem degradation’ means changes within a natural ecosystem that negatively affect its species composition, structure, or function and reduce the ecosystem’s capacity to support biodiversity, or deliver ecosystem services.
Amendment 946 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – introductory part
Article 2 – paragraph 1 – point 8 – introductory part
(8) ‘deforestation, conversion and degradation-free’ means
Amendment 947 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point a
Article 2 – paragraph 1 – point 8 – point a
(a) that the relevant commodities and products, including those used for or contained in relevant products, were produced on land that has not been subject to deforestation or natural ecosystem conversion after December 31, 20207, and
Amendment 948 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 8 – point b
Article 2 – paragraph 1 – point 8 – point b
(b) that the woodrelevant commodities hasve been harvested from the forest without inducing forestproduced without inducing or contributing to forest or ecosystem degradation after December 31, 20207;
Amendment 949 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16
Article 2 – paragraph 1 – point 16
(16) ‘negligible risk’ means the level of risk that applies to relevant commodities and products to be placed on, or exported from, the Union market when, following a full assessment of both the product-specific and the general information on compliance with Articles 3(a) and 3(b) by relevantand the application of the appropriate mitigation measures, these commodities or products showing no cause for concern;
Amendment 950 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 16 a (new)
Article 2 – paragraph 1 – point 16 a (new)
(16 a) ‘meaningful engagement with stakeholders’ means understanding the concerns and interests of relevant stakeholders, in particular the most vulnerable groups such as smallholders and indigenous peoples, as well as local communities, including women, by consulting them directly in a manner that takes into account potential barriers to effective engagement.
Amendment 951 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 18
Article 2 – paragraph 1 – point 18
(18) ‘non-compliant products’ means relevant commodities and products that were not produced in a ‘deforestation, conversion and degradation-free’ manner, or were not produced in accordance with the relevant legislationaw of the country of production, or both;
Amendment 952 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 19 a (new)
Article 2 – paragraph 1 – point 19 a (new)
(19 a) ‘polygon’ means a geographic boundary that encloses a continuous area of land representing a plot of land.
Amendment 953 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 21
Article 2 – paragraph 1 – point 21
(21) ‘substantiated concern' means well- foundeda claim based on objective and verifiable information regarding non- compliance with the present Regulation and which may require the intervention of competent authorities;
Amendment 954 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28
Article 2 – paragraph 1 – point 28
(28) ‘relevant legislation of the country of production’ means the rules applicable in the country of production concerning the legal status of the area of production in terms of land use rights, environmental protection, third parties’ rights and relevant trade and customs regulations under legislation framework applicable in the country of production;aw' means:
Amendment 955 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point a (new)
Article 2 – paragraph 1 – point 28 – point a (new)
a) the rules applicable in the country of production concerning the legal status of the area of production, land use rights, environmental protection, third parties’ rights, labour rights, as well as relevant, tax, anti-corruption, trade, customs, payment and contract regulations under the legal framework applicable in the country of production;
Amendment 956 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 – point b (new)
Article 2 – paragraph 1 – point 28 – point b (new)
b) human rights protected under international law, in particular under any treaties and other instruments ratified or endorsed by the country of production. These include instruments protecting: The Universal Declaration of Human Rights, customary tenure rights and the right to free, prior and informed consent (FPIC), as set out among others by the UN Declaration on the Rights of Indigenous Peoples, the UN Permanent Forum on Indigenous Issues and UN and regional treaty bodies, FAO Guidelines on the Responsible Governance of Tenure of Land, Fisheries and Forests, United Nations Declaration on the Rights of Peasants, the right to water, the right to environmental protection and sustainable development, the right to defend human rights and the environment, free from any form of persecution and harassment, United Nations Convention against Transnational Organised Crime and the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime, labour rights as enshrined in ILO fundamental conventions, such as the Freedom of Association and Protection of the Right to Organise Convention (No. 87), the Right to Organise and Collective Bargaining Convention (No.98), the Forced Labour Convention (NO. 2)) and its 2014 Protocol, Abolition of Forced Labour Convention (No. 105), Minimum Age Convention (No. 138), Worst Forms of Child Labour Convention (No. 182), Equal Remuneration Convention (No. 100), Discrimination(Employment and Occupation) Convention (No 111), Protection of the Rights of Indigenous Peoples Convention (No. 169), women’s rights as enshrined in the UN Convention on the Elimination of All Forms of Discrimination Against Women, the International Covenant on Economic, Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and the ILO Harassment and Violence Convention and other internationally recognised human rights related to land use, access or ownership, as well as the human right to a healthy environment, as defined in the Framework Principles on Human Rights and the Environment and the standards and good practices identified by the UN Special Rapporteur on human rights and the environment. Where national laws fall short of international standards, operators must ensure that the above-mentioned rights are complied with.
Amendment 957 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 a (new)
Article 2 – paragraph 1 – point 28 a (new)
(28 a) ‘free, prior and informed consent (FPIC)’ means a collective human right of indigenous peoples and local communities to give and withhold their consent prior to the commencement of any activity that may affect their rights, land, resources, territories,livelihoods, and food security. It is a right exercised through representatives of their own choosing and in a manner consistent with their own customs, values, and norms;
Amendment 958 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 b (new)
Article 2 – paragraph 1 – point 28 b (new)
(28 b) ‘human rights defenders’ means individuals, groups and organs of society that promote and protect universally recognised human rights and fundamental freedoms. Human rights defenders seek the promotion and protection of civil and political rights as well as the promotion, protection and realisation of economic, social and cultural rights. Human rights defenders also promote and protect the rights of members of groups such as indigenous communities;
Amendment 959 #
2021/0366(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 28 c (new)
Article 2 – paragraph 1 – point 28 c (new)
(28 c) ‘environmental human rights defenders’ means individuals and groups who, in their personal or professional capacity and in a peaceful manner, strive to protect and promote human rights relating to the environment, including water, air, land, flora and fauna.
Amendment 960 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) they are deforestation, conversion and degradation-free;
Amendment 961 #
2021/0366(COD)
Proposal for a regulation
Article 3 – paragraph 1 – point b
Article 3 – paragraph 1 – point b
(b) they have been produced in accordance with the relevant legislation of the country of productionaw, as defined in Article 2(28); and
Amendment 962 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Operators that have received new information, including substantiated concerns, that indicate a non-negligible risk that the relevant commodity or product that they have already placed on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they placed the relevant commodity or product on the market, as well as traders to whom they have supplied the relevant commodity or product in view of preventing further circulation on, or export from, the internal market. In the case of exports from the Union market, the operators shall inform the competent authority of Member State which is the country of production.
Amendment 963 #
2021/0366(COD)
Proposal for a regulation
Article 4 – paragraph 7 a (new)
Article 4 – paragraph 7 a (new)
7 a. Operators shall engage with stakeholders prior to taking any decisions that may impact them. This involves the timely provision of all information needed by potentially impacted stakeholders to be able to make an informed decision as to how the decision could affect their interests. It also means there is follow- through on implementation of agreed commitments, ensuring that adverse impacts to impacted and potentially impacted stakeholders are addressed.
Amendment 964 #
2021/0366(COD)
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Traders which are SMEs that have received new information, including substantiated concerns, that indicates a non-negligible risk that the relevant commodity or product that they have already made available on the market is not in conformity with the requirements of this Regulation shall immediately inform the competent authorities of the Member States in which they made available the relevant commodity or product on the market.
Amendment 965 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 – point c a (new)
Article 8 – paragraph 2 – point c a (new)
(c a) reporting obligations as referred to in Article 11.
Amendment 966 #
2021/0366(COD)
Proposal for a regulation
Article 8 – paragraph 2 a (new)
Article 8 – paragraph 2 a (new)
2 a. Operators shall ensure meaningful engagement and participation of all relevant stakeholder groups, in particular indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products, at all stages of the due diligence process. They shall engage with stakeholders prior to taking any decisions that may impact them.
Amendment 967 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point a
Article 9 – paragraph 1 – point a
(a) description, including the trade name and type of relevant commodities and products as well as, where applicable, the common name of the species and its full scientific name; for relevant products, the description shall include mention of the relevant commodities, or products derived from them, that are contained as components or ingredients, used as feed or used in the production process;
Amendment 968 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point c
Article 9 – paragraph 1 – point c
(c) identification of the country and part thereof of production;
Amendment 969 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point d
Article 9 – paragraph 1 – point d
(d) geo-localisation coordinates, latitude and longitude of all plots of land, and/or the polygon map of the boundaries of all plots of land, where the relevant commodities and products were produced, as well as date or time range of production;
Amendment 970 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point e
Article 9 – paragraph 1 – point e
(e) name, email and address of any business or person from whom they have been supplied with the relevant commodities or products and of all the other suppliers included upstream in the supply chain;
Amendment 971 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h
Article 9 – paragraph 1 – point h
(h) adequate and verifiable information that the production has been conducted in accordance with relevant legislation of the country of productionaw, including any arrangement conferring the right to use the respective area for the purposes of the production of the relevant commodity and that the arrangement was made based on free, prior and informed consent (FPIC);
Amendment 972 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h a (new)
Article 9 – paragraph 1 – point h a (new)
(h a) adequate and verifiable information, obtained via independent audits and appropriate consultation processes, that the area used for the purpose of producing the relevant commodities and products is not subject to any claims on the basis of indigenous, customary or other legitimate tenure rights or subject to any dispute regarding their use, ownership or occupation;
Amendment 973 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 1 – point h b (new)
Article 9 – paragraph 1 – point h b (new)
(h b) adequate and verifiable information disclosing the views of any indigenous peoples, local communities and other groups that claim tenure rights in respect of the area used for the purpose of producing the relevant commodities and products regarding the production of the relevant commodities and products;
Amendment 974 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3
Article 9 – paragraph 3
3. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1 concerning further relevant information to be obtained and evidence to be provided that may be necessary to ensure the effectiveness of the due diligence system.
Amendment 975 #
2021/0366(COD)
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraph 1(d) specifying for which relevant commodities and products the operator shall provide geolocalisation points or geolocalisation polygons, or both, to ensure the effectiveness of the due diligence system,
Amendment 976 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
(a) the assignment of riska high-risk level to the relevant country or parts thereof in accordance with Article 27;
Amendment 977 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) the presence of forests or of other natural ecosystems in the country and area of production of the relevant commodity or product;
Amendment 978 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b a (new)
Article 10 – paragraph 2 – point b a (new)
(b a) the existence of claims to or disputes regarding the use of, ownership of, or exercise of customary tenure rights on the area used for the purpose of producing the relevant commodities and products, whether formally registered or not;
Amendment 979 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point b b (new)
Article 10 – paragraph 2 – point b b (new)
(b b) the presence of indigenous peoples, local communities and other customary tenure rights holders in the country and area of production of the relevant commodity or products;
Amendment 980 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) prevalence of deforestation or forest, natural ecosystem conversion or forest and ecosystem degradation in the country, region and area of production of the relevant commodity or product;
Amendment 981 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
(e) concerns in relation to the country of production and origin or part thereof, such as level of corruption, prevalence of document and data falsification, lack of law enforcement, absence, lack of enforcement or violation of rights of, or violence against, indigenous peoples, local communities or other customary tenure rights holders, as well as human rights and environmental human rights defenders, weak governance, armed conflict or presence of sanctions imposed by the United Nations Security Council or the Council of the European Union;
Amendment 982 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 2 – point g
Article 10 – paragraph 2 – point g
(g) the risk of mixing with products of unknown origin or produced in areas where deforestation or forest degradation has, ecosystem conversion or forest and ecosystem degradation, as well as violations of the relevant law have occurred or isare occurring;
Amendment 983 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 3
Article 10 – paragraph 3
3. Wood products which are in scope of Council Regulation (EC) No 2173/2005 that are covered by a valid FLEGT license from an operational licensing scheme shall be deemed to be in compliance with the rules applicable in the country of production, as defined in Article 3(b2(28)(a) of this Regulation.
Amendment 984 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 4
Article 10 – paragraph 4
4. Except where the analysis undertaken in accordance with paragraph 1 allows the operator to ascertain that there is no or negligible risk that the relevant commodities or products are not compliant with the requirements of this Regulation, the operator shall adopt prior to placing the relevant commodities and products on the Union market or to their export risk mitigation procedures and measures that are adequate to reach no or negligible risk. This may include requiring additional information, data or documents, undertaking independent surveys or audits, capacity-building and financial investments for smallholders or other measures pertaining to information requirements set out in Article 9.
Amendment 985 #
2021/0366(COD)
Proposal for a regulation
Article 10 – paragraph 8
Article 10 – paragraph 8
8. The Commission may adopt delegated acts in accordance with Article 33 to supplement paragraphs 2, 4, 6 and 67a as regards relevant information to be obtained, risk assessment criteria and risk mitigation measures that may be necessary to supplement those referred to in this Article to ensure the effectiveness of the due diligence system.
Amendment 986 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. In order to exercise due diligence in accordance with Article 8, operators shall establish and keep up to date a due diligence system to ensure that they can guarantee compliance with the requirements set out in Article 3(a),(b) and (bc). The due diligence system shall be reviewed at least once a year and if necessary adapted to and accounting for new developments which may influence the exercise of due diligence when operators become aware of them. Operators shall keep record of updates in the due diligence system(s) for 5 years.
Amendment 987 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2
Article 11 – paragraph 2
2. Unless otherwise provided by other EU legislative instruments that lay down requirements regarding sustainability value chain due diligence, operators which are not SMEOperators shall, on an annual basis, publicly report as widely as possible, including on the internet, on their due diligence system including on the steps taken by them to implement their obligations as set out in Article 8, 9 and 10, as well as the implementation and outcomes of their due diligence, and measures they have taken to support the compliance of smallholders, including through investments and capacity building. Operators falling also within the scope of other EU legislative instruments that lay down requirements regarding value chain due diligence may fulfil their reporting obligations under this paragraph by including the required information when reporting in the context of other EU legislative instruments.
Amendment 988 #
2021/0366(COD)
Proposal for a regulation
Article 11 – paragraph 2 a (new)
Article 11 – paragraph 2 a (new)
2 a. Reports shall, in respect of relevant commodities and products supplied by each supplier: (a) include the information described in Articles 9(1)(a) to (e); (b) describe the information and evidence obtained and used to assess the compliance of the relevant commodities and products with Articles 3(a), (b) and (c); (c) state the conclusions of the risk assessment conducted under Article 10(1) and describe any risk mitigation procedures or measures undertaken pursuant to Article 10(4); (d) the date and place where relevant commodities and products were placed on or exported from the Union market; and (e) provide evidence of consultation of indigenous peoples, local communities, and other customary tenure rights holders that are present in the area of production of the relevant commodities and products.
Amendment 989 #
2021/0366(COD)
Proposal for a regulation
Article 11 a (new)
Article 11 a (new)
Article 11 a Guidelines for Operators and Traders Without prejudice to the obligations of operators and traders to exercise due diligence as set out in Article 8, the Commission shall provide guidance in the form of non-exhaustive lists of relevant rules applicable to the production of relevant commodities and products in the countries of origin and of production or parts thereof in order to facilitate compliance with the requirements of this Regulation. Such guidance shall be developed in consultation with the countries concerned and all relevant stakeholders, including civil society, indigenous peoples, local communities and smallholders, and take into account the aims of this Regulation stated in Article 1 and measures and existing processes considered to be best practice, which may form part of a structured dialogue conducted pursuant to Article 28.
Amendment 990 #
2021/0366(COD)
Proposal for a regulation
Article 12
Article 12
Amendment 991 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 4
Article 13 – paragraph 4
4. Member States shall ensure that the competent authorities have adequate powers, functional independence and resources to perform the obligations set out in Chapter 3 of this Regulation.
Amendment 992 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 5
Article 13 – paragraph 5
5. Without prejudice to the operators’ obligation to exercise due diligence as set out in Article 8, Member States may provide technical and other assistance and guidance to operators, taking into account the situation of SMEs, in order to facilitate compliance with the requirements of this Regulation. Such assistance shall be without prejudice to the powers of competent authorities to enforce this regulation.
Amendment 993 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 6
Article 13 – paragraph 6
6. Member States, mayshall facilitate the exchange and dissemination of relevant information, in particular with a view to assisting operators in assessing risk as set out in Article 9, and on best practices regarding the implementation of this Regulation.
Amendment 994 #
2021/0366(COD)
Proposal for a regulation
Article 13 – paragraph 7
Article 13 – paragraph 7
7. Assistance shall be provided by entities that are functionally and structurally separated from competent authorities, in a manner which does not compromise the independence, legal obligations and responsibilities of competent authorities in enforcing this Regulation.
Amendment 995 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. To carry out the checks referred to in paragraph 1, the competent authorities shall establish a plan based on a risk-based approach. The plan, which shall be made public, shall contain at least risk criteria to carry out the risk analysis under paragraph 4 and thereby inform the decisions on checks. In establishing and reviewing the risk criteria, the competent authorities shall take into account in particular the assignment of risk to countries or parts thereof in accordance with Article 27, the history of complianceprevious failures of an operator or trader with this Regulation and any other relevant information. Based on the results of the checks andto ensure compliance with this Regulation, the quantity of relevant commodities and products being placed or made available on the market by the operator or trader, the experience on implementation of the plans, theod of time since the risk assessment for the relevant commodities or products was completent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness. When reviewing the plans, the competent authorities shall establish a reduced frequency of checks for those operators and traders who have shown a consistent record of full compliance with the requirements under this Regulation. d, the proximity of the plots of land on which the relevant commodities and products were produced to forests and other natural ecosystems, and any other relevant information. Based on the results of the checks and the experience on implementation of the plans, the competent authorities shall review those plans and risk criteria on a regular basis in order to improve their effectiveness.
Amendment 996 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 7
Article 14 – paragraph 7
7. The suspensions referred to in paragraph 6 shall end within 37 working days unless the competent authorities, based on the result of the checks conducted within that period, conclude that they require additional time to establish whether the relevant commodities and products comply with the requirements of this Regulation. In such case, the competent authorities shall extend the period of suspension by means of additional interim measures taken under Article 21 or, in the case of relevant commodities or products entering or leaving the Union market, by notifying the customs authorities of the need to maintain the suspension under Article 24(6).
Amendment 997 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 9
Article 14 – paragraph 9
9. Each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 510% of the operators placing, making available on or exporting from the Union market each of the relevant commodities on their market as well as 5at least 10% of the quantity of each of the relevant commodities placed or made available on or exported from their market.
Amendment 998 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 11
Article 14 – paragraph 11
11. Without prejudice to the checks under paragraphs 5 and 6, competent authorities shall, without undue delay, conduct checks referred to in paragraph 1 when they are in possession of evidence or other relevant information, including based on substantiated concerns provided by third parties under Article 29, concerning potential non-compliance with this Regulation.
Amendment 999 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 12
Article 14 – paragraph 12
12. Checks shall be carried out without prior warning of the operator or trader, except where prior notification of the operator or trader is necessary in order to ensure the effectiveness of the checks.
Amendment 1000 #
2021/0366(COD)
Proposal for a regulation
Article 14 – paragraph 13 a (new)
Article 14 – paragraph 13 a (new)
13 a. Records of checks carried out under this regulation and reports of their results and outcomes shall constitute environmental information for the purpose of Directive 2003/4/EC and shall be made available upon request.
Amendment 1001 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Competent authorities shall cooperate with each other, with customs and other relevant authorities from other Member States, with the Commission, with civil society organisations and trade unions, and if necessary, with administrative authorities of third countries in order to ensure compliance with this Regulation.
Amendment 1002 #
2021/0366(COD)
Proposal for a regulation
Article 18 – paragraph 4
Article 18 – paragraph 4
4. Competent authorities shall immediately alert competent authorities of other Member States and the Commission when they detect an actual or potential infringement of this Regulation and serious shortcomings that may affect more than one Member State. Competent authorities shall, in particular, inform competent authorities of other Member States when they detect a relevant commodity or product on the market that is, or may be, not compliant with this Regulation, to enable the withdrawal or recall of such commodity or product from sales in all Member States or to support enforcement action by these competent authorities.
Amendment 1003 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. Member States shall make available to the public and the Commission, at the latest by 30 April of each year, information on the application of this Regulation during the previous calendar year. This information shall include their plans for checks and the risk criteria on which they are based, the number and the results of the controlhecks carried out on operators and traders, including the contents of these checkresults of these checks, the number and the result of the controls carried out on relevant commodities and products including the results of these controls, the volume of relevant commodities and products checked in relation to the total quantity of relevant commodities and products placed on the market, the countries of origin and of production of relevant commodities and products as well as the measures taken in case of non-compliance and the costs of controls recoveredoperators and traders against whom such measures were taken as well as the trading name of the non-compliant products, the costs of enforcement activities recovered in each instance, and operators and traders who failed to fulfil their obligations under this regulation and against whom an administrative authority or court has imposed penalties in line with Article 23 which are final within the proceeding four years, including the trading name of the relevant non-compliant products.
Amendment 1004 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
2. The Commission services shall make publicly available, on an annual basis, a Union-wide overview of the application of this Regulation based on the data submitted by the Member States under paragraph 1. Based on this report, the Commission shall issue recommendations to competent authorities to ensure the uniform application of this Regulation.
Amendment 1005 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 a (new)
Article 19 – paragraph 2 a (new)
2 a. Member States shall notify the Commission without undue delay about any administrative or criminal sanction or penalty, including in the form of a formal warning, imposed on operators or traders for infringing their obligations under this Regulation.
Amendment 1006 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 b (new)
Article 19 – paragraph 2 b (new)
2 b. The Commission shall publish in the Official Journal of the European Union a list of operators and traders identified in accordance with paragraph 2a that have failed to fulfil their obligations under this Regulation and the trading name of the relevant non- compliant products. The operator or trader concerned shall be informed of its inclusion. The list shall be made publicly available on the website of the Commission and regularly updated.
Amendment 1007 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 c (new)
Article 19 – paragraph 2 c (new)
2 c. The Commission shall remove an operator or trader from the list of contravening operators and traders after one year at the earliest if the Member State has notified the Commission that the operator or trader has taken sufficient remedial action, including full payment of penalties and improvements to its due diligence system and if no further reports of sanctions or administrative or criminal proceedings concerning alleged contravening activity have been reported by the respective Member State authority. The Commission shall publish in its annual report a short justification for each operator or trader that has been removed from the list.
Amendment 1008 #
2021/0366(COD)
Proposal for a regulation
Article 19 – paragraph 2 d (new)
Article 19 – paragraph 2 d (new)
2 d. Without prejudice to paragraphs 1 to 2b, Member States and the Commission shall ensure that the public can enjoy unrestricted access to information relating to the application of this regulation on the basis of Directive 2003/4/EC and Regulation (EC) 1367/2006.
Amendment 1009 #
2021/0366(COD)
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
Where relevant commodities or products were produced in a country or part thereof listed as high risk in accordance with Article 27, or there is a risk of relevant commodities or products produced in such countries or parts thereof entering the relevant supply chain, each Member State shall ensure that the annual checks carried out by their competent authorities cover at least 1530% of the operators placing, making available on or exporting from the Union market each of the relevant commodities and products on their market as well as 1530% of the quantity of each of the relevant commodities and products placed or made available on or exported from their market from high risk countries or parts thereof. Competent authorities shall ensure that the annual checks carried out on the basis of this article regularly include all of the elements listed in Article 15.
Amendment 1010 #
2021/0366(COD)
Proposal for a regulation
Article 21 – paragraph 1
Article 21 – paragraph 1
Where, on the basis of the examination of evidence or other relevant information, including based on information exchanged under Article 18and substantiated concerns provided by third parties under Article 29, or following the checks referred to in Article 15 and 16, possible serious shortcomingsinfringement of this regulation have been detected, or risks have been identified pursuant to Article 14(6), the competent authorities may take immediate interim measures, including seizure or suspension of the placing or making available on and exporting from the Union market of the relevant commodities and products.
Amendment 1011 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 1
Article 22 – paragraph 1
1. Without prejudice toIn addition to the imposition of penalties in line with Article 23, where competent authorities establish that an operator or trader has not complied with its obligations under this Regulation or that a relevant commodity or product is not compliant with this Regulation, they shall without delay require the relevant operator or trader to take appropriate and proportionate corrective action to bring the non-compliance to an end within a specified and reasonable period of time.
Amendment 1012 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d
Article 22 – paragraph 2 – point d
(d) destroying the relevant commodity or product or, whenever possible, donating it to charitable or public interest purposes.
Amendment 1013 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 2 – point d a (new)
Article 22 – paragraph 2 – point d a (new)
(d a) addressing any shortcoming in the due diligence system which may have led to the non compliance, in view of preventing the risk of further infringements.
Amendment 1014 #
2021/0366(COD)
Proposal for a regulation
Article 22 – paragraph 3
Article 22 – paragraph 3
3. If the operator or trader fails to takcomplete the corrective action referred to in paragraph 2 within the period of time specified by the competent authority under paragraph 1, or where the non- compliance referred to in paragraph 1 persists after that period of time ends, competent authorities shall ensure that the relevant commodity or product is withdrawn or recalled, or that its being made available on or exported from the Union market is prohibited or restricted.
Amendment 1015 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point a
Article 23 – paragraph 2 – point a
(a) fines proportionate to the environmental damage and the value of the relevant commodities or products concerned, calculating the level of such fines in such way as to make sure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; the maximum amount of such fines shall be at least 4 % of the operators or trader’s annual turnover in the Member State or Member States concernedUnion, calculated in accordance with Article 5(1) of Regulation (EC) 139/2004;
Amendment 1016 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d a (new)
Article 23 – paragraph 2 – point d a (new)
(d a) in case of serious or repeated infringement, suspension of the right to submit a due diligence statement in view of placing relevant commodities and products on the Union market, or of exporting them;
Amendment 1017 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d b (new)
Article 23 – paragraph 2 – point d b (new)
(d b) recall of relevant commodities or products offered for sale including at retailers;
Amendment 1018 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 – point d c (new)
Article 23 – paragraph 2 – point d c (new)
(d c) criminal sanctions, in accordance with the Proposal for a Directive of the European Parliament and of the Council on the protection of the environment through criminal law and replacing Directive 2008/99/EC.
Amendment 1019 #
2021/0366(COD)
Proposal for a regulation
Article 23 – paragraph 2 a (new)
Article 23 – paragraph 2 a (new)
2 a. Operators failing to comply with the duties of this Regulation shall also be liable and obliged to compensate for the harm that the exercise of due diligence would have avoided. The action to establish liability shall be filed before the relevant jurisdiction by any natural or legal person with a legitimate interest to do so.
Amendment 1020 #
2021/0366(COD)
Proposal for a regulation
Article 23 a (new)
Article 23 a (new)
Article 23 a Guidelines for Competent Authorities In order to ensure the uniform application of the obligations listed in this Chapter, notably the checks on operators and traders, the European Commission shall issue guidance to all competent authorities no later than 6 months after the entry into force of this Regulation.
Amendment 1021 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 1
Article 26 – paragraph 1
1. The Commission shall develop an electronic interface based on the EU Single Window Environment for Customs to enable the transmission of data, in particular the notifications and requests referred to in Article 24, paragraphs 5 to 8, between national customs systems and the information system referred to in Article 31. This electronic interface shall be in place at the latest fourno later than one years from the date of adoption of the relevant implementingdelegated act referred to in paragraph 3.
Amendment 1022 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 2 – introductory part
Article 26 – paragraph 2 – introductory part
2. The Commission mayshall develop an electronic interface based on the EU Single Window Environment for Customs to enable:
Amendment 1023 #
2021/0366(COD)
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The Commission shall adopt implementingdelegated acts specifying the details of implementation arrangements for paragraphs 1 and 2 and, in particular, defining the data, including its format, to be transmitted in accordance with paragraphs 1 and 2. The implementingdelegated acts may also determine that certain specific data available in the due diligence statement and necessary for activities of customs authorities, including surveillance and fight against fraud, is transmitted and registered in EU and national customs systems. Those implementingdelegated acts shall be adopted in accordance with the examination procedure referred to in Article 34(2)3.
Amendment 1024 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 1
Article 27 – paragraph 1
1. This Regulation establishes a threewo- tier system for the assessment of countries or parts thereof. Unless identified in accordance with this Article as presenting a low or high risk, countries shall be considered as presenting a standard risk. The Commission may identify countries or parts thereof that present a low or high risk of producing relevant commodities or products that are not compliant with Article 3, point (a). The list of the countries or parts thereof that present a low or high risk shall be published by means of implementing act(s) to be adopted in accordance with the examination procedure referred to in Article 34(2). That list shall be updated as necessary in light of new evidence.
Amendment 1025 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – introductory part
Article 27 – paragraph 2 – introductory part
2. The identification of low and high risk countries or parts thereof pursuant to paragraph 1 shall follow a transparent assessment process which shall take into account information provided by the country concerned and by third parties, including indigenous peoples, local communities and civil society organisations and be based on the following assessment criteria:
Amendment 1026 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point a
Article 27 – paragraph 2 – point a
(a) rate of deforestation, ecosystem conversion, and ecosystem and forest degradation,
Amendment 1027 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point e
Article 27 – paragraph 2 – point e
(e) agreements and other instruments concluded between the country concerned and the Union that address deforestation or forest degradation and facilitates compliance of relevant commodities and products with the requirements of this Regulation and their effective implementation, provided that their timely and effective implementation has been ascertained on the basis of an objective and transparent assessment;
Amendment 1028 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f
Article 27 – paragraph 2 – point f
(f) whether the country concerned has national or subnational laws in place, including in accordance with Article 5 of the Paris Agreement, and takes effective enforcement measures and relevant law in accordance with Article 2(28) of this regulation, and takes effective enforcement measures to ensure that those laws are implemented and to avoid and sanction activities leading to deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and in particular whether sanctions of sufficient severity to deprive of the benefits accruing from deforestation or forest degradation, ecosystem degradation or forest and ecosystem degradation or non- compliance with the rules applicable in the country of production described in Article 2(28) are applied.
Amendment 1029 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f a (new)
Article 27 – paragraph 2 – point f a (new)
(f a) whether the national and sub- national jurisdiction has developed jurisdictional approaches with the meaningful engagement of all relevant stakeholders, including civil society, indigenous peoples and local communities, women, and the private sector, including micro enterprises, SMEs and smallholders, to tackle deforestation, forest degradation, natural ecosystem conversion and degradation, land rights violations and illegal production;
Amendment 1030 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f b (new)
Article 27 – paragraph 2 – point f b (new)
(f b) whether the country concerned makes relevant data available transparently;
Amendment 1031 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 2 – point f c (new)
Article 27 – paragraph 2 – point f c (new)
(f c) if applicable, the existence, compliance with, and effective enforcement of laws protecting the rights of indigenous peoples, local communities and other customary tenure rights holders;
Amendment 1032 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – introductory part
Article 27 – paragraph 3 – introductory part
3. The Commission shall notify the countries concerned of its intent to assign a change to the existing risk category and invite them to provide any information deemed useful in this regard. It shall also carry out a public consultation to gather information and views from all interested parties, including in particular indigenous peoples and local communities as well as civil society organisations, including trade unions. The Commission shall allow the countries and other interested parties adequate time to provide a response, which may include information on measures taken by the country to remedy the situation in case its status or the status of parts thereof might be changed to a higher risk category.
Amendment 1033 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – introductory part
Article 27 – paragraph 3 – subparagraph 1 – introductory part
It shall include in the notification, and in the consultation, the following information:
Amendment 1034 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 3 – subparagraph 1 – point c
Article 27 – paragraph 3 – subparagraph 1 – point c
(c) the consequences of its identification as a high or low risk country.
Amendment 1035 #
2021/0366(COD)
Proposal for a regulation
Article 27 – paragraph 4 a (new)
Article 27 – paragraph 4 a (new)
4 a. The Commission shall aim to develop joint roadmaps with countries identified as high-risk to support continuous improvement towards a lower level of risk, including through partnerships and cooperation mechanisms as referred to in Article 28. The Commission shall ensure that indigenous peoples, local communities and civil society, including trade unions, are involved in the development of joint roadmaps.
Amendment 1036 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 1
Article 28 – paragraph 1
1. The Commission shall engage with producer countries concerned by this Regulation to develop partnerships and cooperation to jointly address deforestation and forestthe root causes of deforestation, ecosystem conversion and forest and ecosystem degradation. Such partnerships and cooperation mechanisms wishall be supported with adequate resources and shall focus on the conservation, restoration and sustainable use of forests, deforestation, forest degradaecosystem conversion, forest and ecosystem degradation, human rights protection and the transition to sustainable commodity production, consumption processing and trade methods, good governance, as well as protecting the rights and livelihoods and subsistence of forest dependent communities including indigenous peoples, local communities, other customary tenure rights holders and smallholders. Partnerships and cooperation mechanisms may include structured dialogues, support programmes and actions, administrative arrangements and provisions in existing agreements or agreements that enable producer countries to make the transition to an agricultural production that facilitates the compliance of relevant commodities and products with the requirements of this regulation. They should be based on time bound milestones agreed with local stakeholders Such agreements and their effective implementation will be taken into account as part of the benchmarking under Article 27 of this Regulation.
Amendment 1037 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 2
Article 28 – paragraph 2
2. Partnerships and cooperation should allow and monitor the full participation of all stakeholders, including civil society, indigenous people, local communities, women, and the private sector including micro enterprises, SMEs and smallholders. Partnerships and cooperation should support or initiate inclusive and participatory dialogue toward national legal and governance reform processes to enhance forest governance and address domestic factors contributing to deforestation, natural ecosystem conversion and forest and ecosystem degradation.
Amendment 1038 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 3
Article 28 – paragraph 3
3. Partnerships and cooperation shall promote the development of integrated land use planning processes, relevant legislations, fiscal incentives and other pertinent tools to improve forest and biodiversity conservation, sustainable management and restoration of forests, tackle the conversion of forests and vulnerable ecosystems to other land uses, optimise gains for the landscape, tenure security, agriculture productivity and competitiveness, transparent supply chains and traceability, protect the rights of ownership, tenure and access to land, including rights of tree tenure for local and indigenous communities, an the right to give or withhold free, prior and informed consent, strengthen the rights of forest dependent communities including smallholders, indigenous peoples and local communities, andstrengthen national systems of governance and law enforcement, ensure public access to forest management documents and other relevant information and support smallholders in third countries to comply with the requirements of this Regulation and facilitate their access to the EU market.
Amendment 1039 #
2021/0366(COD)
Proposal for a regulation
Article 28 – paragraph 4
Article 28 – paragraph 4
4. The Commission shall engage in international bilateral and multilateral discussion on policies and actions to halt deforestation and forest degradation, including in multilateral fora such as Convention on Biological Diversity, Food and Agriculture Organization of the United Nations, United Nations Convention to Combat Desertification, United Nations Environment Assembly, United Nations Forum on Forests, United Nations Framework Convention on Climate Change, World Trade Organisation, G7 and G20. Such engagement shall include the promotion of the transition to sustainable agricultural production and sustainable forest management as well as the development of transparent and sustainable supply chains as well as continue efforts towards identifying and agreeing robust standards and definitions that ensure a high level of protection of forest ecosystems and other natural ecosystems and related human rights.
Amendment 1040 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 2
Article 29 – paragraph 2
2. Competent authorities shall diligently and impartially assess the substantiated concerns and take the necessary steps, including checks and hearings of operators and traders, with a view to detecting potential breaches of the provisions of this Regulation and, where appropriatecircumstances indicate a breach has likely occurred, interim measures under Article 21 to prevent the placing making available on and export from the Union market of relevant commodities and products under investigation.
Amendment 1041 #
2021/0366(COD)
Proposal for a regulation
Article 29 – paragraph 3
Article 29 – paragraph 3
3. The competent authority shall, as soon as possiblewithin 30 days of receiving a substantiated concern, and in accordance with the relevant provisions of national law, inform the natural or legal persons referred to in paragraph 1, which submitted observations to the authority, of its assessment of their substantiated concern pursuant to paragraph 2 and the decision to accede to or refuse the request for action and shall provide the reasons for it, and shall, where further action is taken pursuant to paragraph 2, inform the natural or legal person of the further action taken and the outcome within 60 days of receiving the substantiated concern.
Amendment 1042 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 a (new)
Article 30 – paragraph 2 a (new)
2 a. Any such procedure shall be fair, equitable, timely and not prohibitively expensive as well as provide adequate and effective remedies, including injunctive relief where appropriate.
Amendment 1043 #
2021/0366(COD)
Proposal for a regulation
Article 30 – paragraph 2 b (new)
Article 30 – paragraph 2 b (new)
2 b. Member States shall ensure that practical information is made available to the public on access to administrative and judicial review procedures.
Amendment 1044 #
2021/0366(COD)
Proposal for a regulation
Article 31 – paragraph 4
Article 31 – paragraph 4
4. The Commission shall provide access to that information system to customs authorities, competent authorities, operators and traders in accordance with their respective obligations under this Regulation. Producers, including smallholders, should be granted access to all information which concern them.
Amendment 1045 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 1
Article 32 – paragraph 1
1. No later than two years after the entry into force, the Commission shall carry out a first review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The report shall focus in particular on an evaluation of the need and the feasibilityadditional measures to strengthen the protection of forests, natural ecosystems and human rights and ofn extending the scope of this Regulation to other ecosystems, including land with high carbon stocks and land with a high biodiversity value such as grasslands, peatlands and wetlands and further commoditiefinancial institutions operating in the Union that provide financial services to natural or legal persons whose economic activities consist, or are linked to, the production, supply, placing on or export from the EU market of relevant commodities and products.
Amendment 1046 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – introductory part
Article 32 – paragraph 2 – introductory part
2. No later than five years after the entry into force and at least every five years thereafter, the Commission shall carry out a general review of this Regulation, and shall present a report to the European Parliament and the Council accompanied, if appropriate, by a legislative proposal. The first of the reports shall include in particular, based on specific studies, an evaluation of:
Amendment 1047 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point a
Article 32 – paragraph 2 – point a
Amendment 1048 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 – point b
Article 32 – paragraph 2 – point b
Amendment 1049 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 2 a (new)
Article 32 – paragraph 2 a (new)
2 a. The Commission shall permanently monitor the impacts of this regulation on vulnerable stakeholders such as smallholders, indigenous peoples and local communities, especially in third countries, also paying particular regard to the situation of women. The monitoring shall be based on a scientific and transparent methodology and shall take into account information provided by the interested stakeholders, such as third countries, intergovernmental, non- governmental, civil society and smallholder organisations, as well as indigenous peoples and local communities, including through multi- stakeholder dialogues. No later than three years from the date of application referred to in Article 36(2), the Commission shall propose measures, taking into account the outcomes of the monitoring process aiming at supporting these stakeholders, in particular to: a) Ensure that their production methods and scale are able to comply with the sustainability criteria set out in the regulation, and that their commodities and products are traceable and their origin transparent; b) Promote, when necessary, their transition towards, and the maintaining of, socially and environmentally sustainable agricultural practices which do not make them exclusively dependent on commodity production for export but support a transition focused on agro- ecology; c) Facilitate and support their inclusion in supply chains leading to the EU internal market by creating conditions and incentives that enable them to comply with the EU regulatory requirements; d) Provide support and incentives for them to conserve their forests and natural ecosystems on their lands that are used for commodity production; e) Ensure that the rights of indigenous peoples and other local communities with tenure rights are adequately protected.
Amendment 1050 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 3
Article 32 – paragraph 3
3. Without prejudice to the general review under paragraph 1, a first review of Annex I shall be carried out by the Commission no later than two years after the entry into force of this Regulation, and thereafter at regular intervals in order to assess whether it is appropriate to amend or extend the relevant productcommodities listed in Annex I in order to ensure that all products that contain, have been fed with or have been made using relevant commodities are included in that list, unless the demand for those products has a negligible effect on deforestae broadest application to commodities linked to deforestation, ecosystem conversion and forest and ecosystem degradation, including fossil fuel and minerals extraction. The reviews shall be based on an assessment of the effect of the relevant commodities and products on deforestation and forest, ecosystem conversion and forest and ecosystem degradation, and take into account changes in consumption, as indicated by scientific evidence.
Amendment 1051 #
2021/0366(COD)
Proposal for a regulation
Article 32 – paragraph 4
Article 32 – paragraph 4
4. Following a review as set out in paragraph 3, the Commission may adopt delegated acts in accordance with Article 33 to amend Annex I to include relevant products that contain or have been made usingadditional relevant commodities.
Amendment 1052 #
2021/0366(COD)
Proposal for a regulation
Article 33 – paragraph 4
Article 33 – paragraph 4
4. Before adopting a delegated act, the Commission shall consult stakeholders and experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.
Amendment 1053 #
2021/0366(COD)
Proposal for a regulation
Article 34
Article 34
Amendment 1054 #
2021/0366(COD)
Proposal for a regulation
Annex I – paragraph 1
Annex I – paragraph 1
Goods as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87, referred to as "relevant commodities" in Article 1 of this Regulation68 : Bovine, cocoa, coffee, maize, natural rubber (including natural rubber, balata, gutta-percha, guayule, chicle and similar natural gums), oil palm, poultry, soya, sheep and goats, swine, wood. In accordance with Article 1, the Regulation shall apply to all goods that contain, have been fed with or have been made using “relevant commodities” or products deriving from them, and are therein referred to as “relevant products”. An indicative list of these products is provided in the table included in this Annex. __________________ 68 The nomenclature codes are taken from the Combined Nomenclature as defined in Article 1(2) of Council Regulation (EEC) No 2658/87 of 23 July 1987 on the tariff and statistical nomenclature and on the Common Customs Tariff and as set out in Annex I thereto, which are valid at the time of publication of this Regulation and mutatis mutandis as amended by subsequent legislation.
Amendment 1055 #
2021/0366(COD)
Proposal for a regulation
Annex I – paragraph 2 a (new)
Annex I – paragraph 2 a (new)
Indicative list of “relevant products”, as classified in the Combined Nomenclature set out in Annex I to Council Regulation (EEC) No 2658/87:
Amendment 57 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
Amendment 777 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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 #
2021/0218(COD)
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;”
Amendment 182 #
2021/0203(COD)
Proposal for a directive
Recital 18
Recital 18
(18) This Directive is part of a broader policy framework of energy efficiency policies and their financing, addressing energy efficiency potentials in specific policy areas, including buildings (Directive 2010/31/EC56 ), products (Directive 2009/125/EC, Regulation (EU) 2017/1369 and Regulation (EU) 2020/74057 ) and governance mechanism (Regulation (EU) 2018/1999). Those policies play a very important role in delivering energy savings when products are replaced or buildings constructed or renovated58 . _________________ 56 Directive 2010/31/EC of the European Parliament and of the Council of 19 Ma and financing (Commission communication of 6 July 20210 on the energy performance of buildings. 57 Directive 2009/125/EC of the European Parliament and of the Council of 21 October 2009 establishing a framework for the setting of ecodesign requirements for energy-related products; Regulation (EU) 2017/1369 of the European Parliament and of the Council of 4 July 2017 setting a framework for energy labelling and Regulation (EU) 2020/740 of the European Parliament and of the Council of 25 May 2020 on the labelling of tyres with respect to fuel efficiency and other parameters respectively. 58 Moreover, implementation of the product reviews under the Ecodesign Working Plan 2020-2024 and the “Renovation Wave” Action plan, together with the review of the EPBD, will make an important contribution to reaching the 2030 energy saving targeta Strategy to finance the transition to a sustainable economy (COM(2021) 390 final). Those policies play a very important role in delivering and funding energy savings when products are replaced or buildings constructed or renovated. To ensure financing, a golden rule for investment shall be established.
Amendment 589 #
2021/0203(COD)
Proposal for a directive
Article 6 – paragraph 3 – point b a (new)
Article 6 – paragraph 3 – point b a (new)
(ba) age, usage type and location (urban or rural) of the buildings.
Amendment 799 #
2021/0203(COD)
Proposal for a directive
Article 21 – paragraph 4 – subparagraph 2
Article 21 – paragraph 4 – subparagraph 2
The participation of undertakings in out-of- court dispute settlement mechanisms for household customers shall be mandatory unless the Member State demonstrates to the Commission that other mechanisms are equally effective.
Amendment 909 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point c
Article 24 – paragraph 1 – point c
c. from 1 January 2035, a system using at least 50% renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 20%;
Amendment 920 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point d
Article 24 – paragraph 1 – point d
d. from 1 January 2045, a system using at least 75 % renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 40%;
Amendment 929 #
2021/0203(COD)
Proposal for a directive
Article 24 – paragraph 1 – point e
Article 24 – paragraph 1 – point e
e. from 1 January 2050, a system using only renewable energy and waste heat or high-efficiency cogenerated heat, where the share of renewable energy is at least 60%.
Amendment 996 #
2021/0203(COD)
Proposal for a directive
Article 26 – paragraph 1 – introductory part
Article 26 – paragraph 1 – introductory part
1. Member States shall ensure the appropriate level of competences for energy efficiency professions that corresponds to the market needs. Member States in close cooperation with the social partners shall ensure that certification and/or equivalent qualification schemes, including, where necessary, suitable training programmes or job guarantees, are available for energy efficiency professions including providers of energy services, providers of energy audits, energy managers, independent experts and installers of building elements pursuant to Directive 2010/31/EU, and are reliable and contribute to national energy efficiency objectives and the overall EU decarbonisation objectives. Therefore, member states shall provide sufficient financial means and implement actions plans to ensure a coordinated approach.
Amendment 82 #
2021/0201(COD)
Proposal for a regulation
Recital 1
Recital 1
(1) The Paris Agreement, adopted in December 2015 under the United Nations Framework Convention on Climate Change (UNFCCC) entered into force in November 2016 (“the Paris Agreement”). Its Parties have agreed to hold the increase in the global average temperature well below 2 °C above pre-industrial levels and to pursue efforts to limit the temperature increase to 1,5 °C above pre-industrial levelsn its 2018 Special Report on the impacts of global warming of 1,5°C above pre- industrial levels, in its 2019 Special Reports on Climate Change and Land and on the Ocean and Cryosphere in a Changing Climate, and in its 2021 Report on the Physical Science Basis, the Intergovernmental Panel on Climate Change (IPCC) provided the latest scientific evidence on the impacts of climate change and illustrated the need to urgently reduce greenhouse gas (GHG) emissions in all sectors of the economy and to reverse the degradation of carbon sinks in order to limit global warming to 1,5°C. By adopting the Glasgow Climate Pact, its Parties recognised that limiting the increase in the global average temperature to 1,5 °C above pre-industrial levels would significantly reduce the risks and impacts of climate change and committed to strengthening their 2030 targets by the end of 2022 to close the ambition gap.
Amendment 85 #
2021/0201(COD)
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
Amendment 90 #
2021/0201(COD)
Proposal for a regulation
Recital 1 b (new)
Recital 1 b (new)
(1b) In its resolution of 28 November 2019 on the climate and environment emergency1a,the European Parliament urged the Commission to take immediate and ambitious action to limit global warming to 1,5°C and to avoid massive biodiversity loss, including by addressing inconsistencies in current Union policies with the climate and environment emergency, in particular through a far- reaching reform of its agricultural, trade, transport, energy and infrastructure investment policies, and by ensuring that all relevant future legislative and budgetary proposals are fully aligned with the objective of limiting global warming to under 1,5°C and that they do not contribute to biodiversity loss. __________________ 1a OJ C 232, 16.6.2021, p. 28.
Amendment 96 #
2021/0201(COD)
Proposal for a regulation
Recital 2
Recital 2
(2) Taking a holistic approach to tackling climate and environmental-related challenges and reaching the objectives of the Paris Agreement while living up to the green oath to 'do no harm' to other environmental objectives of the Union are at the core of the Communication on ’The European Green Deal’, adopted by the Commission on 11 December 201928 . The necessity and value of the European Green Deal and of its holistic approach have only grown in light of the very severe effects of the COVID-19 pandemic on the health and economic well-being of the Union’s citizens. __________________ 28 COM(2019)640 finalIt is therefore necessary to complement the accounting of greenhouse gas emissions and removals from the land use, land use change and forestry (LULUCF) sector by introducing an obligation to do no significant harm to other environmental objectives, in particular to the Union’s biodiversity objectives as set out in the EU Biodiversity Strategy for 2030 and in the relevant Union legal acts, within the meaning of Article 17 of Regulation (EU) 2020/852 of the European Parliament and of the Council28a. __________________ 28 COM(2019)640 final. 28aRegulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
Amendment 103 #
2021/0201(COD)
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The 8th Environmental Action Programme is aimed at accelerating the green transition to a climate-neutral, sustainable, non-toxic, resource-efficient, renewable energy-based, resilient and competitive circular economy in a just, equitable and inclusive way and at protecting, restoring and improving the state of the environment including by, inter alia, halting and reversing biodiversity loss. It recognises that a healthy environment underpins the well- being of all people, where biodiversity is conserved and ecosystems thrive and nature is protected and restored, leading to increased resilience in relation to climate change, weather and climate- related disasters and other environmental risks.
Amendment 105 #
2021/0201(COD)
Proposal for a regulation
Recital 3
Recital 3
(3) The Union committed to reducing the Union’s economy-wide net greenhouse gas emissions by at least 55 % below 1990 levels by 2030 in the updated nationally determined reduction commitment submitted to the UNFCCC Secretariat on 17 December 202029 , while the European Parliament has called to reduce the Union's economy-wide gross greenhouse gas emissions by at least 60% below 1990 levels by 2030. __________________ 29 https://www4.unfccc.int/sites/ndcstaging/P ublishedDocuments/European%20Union% 20First/EU_NDC_Submission_December %202020.pdf
Amendment 112 #
2021/0201(COD)
Proposal for a regulation
Recital 4
Recital 4
(4) In Regulation (EU) 2021/1119 of the European Parliament and of the Council30 , the Union has enshrined the target of economy-wide climate neutrality by 2050achieving an economy-wide balance between anthropogenic emissions by sources and removals by sinks of greenhouse gas emissions within the Union by 2050 at the latest in legislation. That Regulation also establishes a binding Union commitment to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % below 1990 levels by 2030. All sectors of the economy are expected to contribute to achieving that target, including the land use, land use change and forestry sector. The contribution of net removals to the 2030 Union climate target is limited to 225 million tonnes of CO2 equivalent. In the context of Regulation (EU) 2021/1119, the Commission reaffirmed in a corresponding statement its intention to propose a revision of Regulation (EU) 2018/841 of the European Parliament and of the Council31 , in line with the ambition to increase net carbon removals to levels above 300 million tonnes of CO2 equivalent in the land use, land use change and forestry sector by 2030When implementing the 2030 Union climate target, the relevant Union institutions and Member States also committed to prioritising swift and predictable emission reductions and, at the same time, enhancing removals by natural sinks. In order to ensure that sufficient mitigation efforts are deployed by emitting sectors until 2030, the contribution of net removals to the 2030 Union climate target has been limited to 225 million tonnes of CO2 equivalent, without prejudice to the objective of enhancing its net carbon sinks beyond that level in 2030 in view of achieving climate - neutrality by 2050 at the latest. __________________ 30Regulation (EU) 2021/1119 of the European Parliament and of the Council of 30 June 2021 establishing the framework for achieving climate neutrality and amending Regulations (EC) No 401/2009 and (EU) 2018/1999 (‘European Climate Law’) (OJ L 243, 9.7.2021, p. 1).’. 31 Regulation (EU) 2018/841 of the European Parliament and of the Council of 30 May 2018 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework, and amending Regulation (EU) No 525/2013 and Decision No 529/2013/EU (OJ L 156, 19.6.2018, p. 1).
Amendment 137 #
2021/0201(COD)
Proposal for a regulation
Recital 5
Recital 5
(5) In order to contribute to the increased ambition to reduce greenhouse gas net emissions from at least 40 % to at least 55 % below 1990 levelsensure that the LULUCF sector makes a sustainable and predictable long-term contribution to the Union climate neutrality objective, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestry sector inLULUCF sector in the period up to at least 2050, starting with the period from 2026 to 2030 (in analogy to the annual emission allocations set out in Regulation (EU) 2018/842 of the European Parliament and of the Council32 ), resulting in a target of 310n intermediary target of at least 424 millions of tonnes CO2 equivalent of net removals for the Union as a whole in 2030. The methodology used to establish the national targets for 2030 should take into account the average greenhouse gas emissions and removals from the years 2016, 2017 and 2018, reported by each Member State, and reflect the current mitigation performance of the land use, land use change and forestry sector, and each Member State’s share of the managed land area in the Union, taking into account the capacity of that Member State to improve its performance in the sector via land management practices or changes in land use that benefit the climate and biodiversity. __________________ 32Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement and amending Regulation (EU) No 525/2013 (OJ L 156, 19.6.2018, p. 26).
Amendment 155 #
2021/0201(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) The binding annual targets for net greenhouse gas removals should be determined for each Member State by a linear trajectory. The trajectory should start in 2022, on the average of greenhouse gas emissions reported by that Member State during 2021, 2022 and 2023 and end in 2030 on the target set out for that Member State. For Member States that improve their methodology of calculating the emissions and removals, a concept of technical correction should be introduced, subject to independent scientific review. A technical correction should be added to the target of that Member State corresponding to the effect of the change inimproved accuracy in the methodology used on the targets and the efforts of the Member State to achieve them, in order to respect environmental integrity.
Amendment 173 #
2021/0201(COD)
Proposal for a regulation
Recital 7
Recital 7
(7) The Communication of 17 September 2020 on Stepping up Europe’s 2030 climate ambition33 outlined andifferent pathways and policy options to combine agriculture non-CO2 greenhouse gas emissions with land use, land use change and forestry net removals, thus creating a newly regulated land sector. Such combination can promote synergies between land-based mitigation actions and enable more integrated policymaking and policy implementreach the Union's increased 2030 climate target. It stressed that reaching climate neutrality will require Union action to be significantly stepped up in all sectors of the economy. Progress in one sector cannot compensate for the lack of progress in other sectors. Moreover, removals of greenhouse gases by natural carbon sinks are fragile and potentially reversible, which leads to increased uncertainty in measuring emissions and removals in the land sector compared to other sectors. The risk of reversal of removals by natural carbon sinks is further aggravated by climate change. Climate science also shows that the climate response to emissions and removals is asymmetrical, meaning thati on at national and Union level. To this end, the obligation for Member States to submit integrated mitigation plans for the land sector should be reinforcede tonne of greenhouse gases emitted to the atmosphere cannot be compared to one tonne of greenhouse gases removed33a. Therefore, the objective of enhancing removals by natural carbon sinks should be pursued strictly separately from the objective of rapidly and drastically reducing greenhouse gas emissions from other sectors, including non-CO2 agricultural emissions. __________________ 33 COM(2020) 562 final.
Amendment 195 #
2021/0201(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) The landLULUCF sector has the potential to become rapidly climate-neutral by 2035 in a cost-effective manner, and subsequently generate more greenhouse gas removals than emissions. A collective commitment aimsubstantially increase the amount of net-removals in a cost-effective manner both in the short and longer term while taking into achieve climate-neutrality in the land sector in 2035 at EU level can provide the needed planning certainty to drive land-based mitigation action in the short term, considering that it can takcount the specificities, opportunities and challenges of the land use, land use change many years for such action to deliver the desired mitigation outcomes. Moreover, the land sector is projected to become the largest sector in the EU greenhouse gas flux profile in 2050. It is therefore particularly important to anchor that sector to a trajectoryd forestry sector in each Member State. However, realising such potential requires a clear vision to be set out and concrete action to be stepped up already over the coming decade, otherwise thate chan effectively deliver net zero greenhouse gas emissions by 2050ges required after 2030 would have to happen unrealistically fast. By mid-2024, the Member States should submit their updated integrated national energy and climate plans in accordance with Article 14 of Regulation (EU) 2018/1999 of the European Parliament and of the Council34 . The plans should include relevant measures by which each Member State best contributes to the collobjective target of climate neutrality in the land sector at EU level in 2035. On the basis of these plans, the Commission should propose national targets, ensuring thatof ensuring a sustainable and predictable long-term contribution of natural carbon sinks to the Union’s climate neutrality objective by 2050 at the latest. On the basis of these plans, and after taking into account the advice of the European Scientific Advisory Board on Climate Change and the Union-wide greenhouse gas emissions and removals in the land use, land use change and forestry sector andbudget set out in Regulation (EU) 2021/1119, the eCommissions from the agriculture non- CO2 sectors are at least balanced by 2035. Contrary to the EU level target of climate neutrality for the land should propose Union and Member States targets for net greenhouse gas removals from the LULUCF sector byfor 2035, s2040, 2045 and 2050. Such national targets will be binding and enforceable on each Member State. __________________ 34Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p.1).
Amendment 202 #
2021/0201(COD)
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) Forests in particular are hugely important for biodiversity, soil stabilisation, the purification of air and water, carbon sequestration and storage, and the provision of sustainably sourced long-lived wood products. The forests in the Union are home to around 80% of Union terrestrial biodiversity, but intensive forestry activities are the second largest reported pressure category for species. National reporting under Article 17 of the Habitats Directive also shows that forestry activities have sometimes been at the expense of habitat types of other natural ecosystems that are important for both climate mitigation and biodiversity, notably peatlands. Many forest-dependent species are negatively affected by the removal of dead, dying and old trees1a, the reduction of old-growth forests and certain forest management methods such as clear-cutting. The Communication of the Commission of 16 July 2021 on the New EU Forest Strategy for 2030 set out a vision and specific actions to improve the quantity and quality of forests in the Union and strengthen their protection, restoration and resilience. It highlighted the urgent need for adaptive forest restoration and ecosystem-based management approaches that strengthen the resilience of forests in the Union in light of the climate and biodiversity crises. As such, the Strategy contributes both to the Union’s biodiversity and climate objectives. __________________ 1aReport from the Commission of 15 October 2020 entitled ‘The state of nature in the European Union – Report on the status and trends in 2013–2018 of species and habitat types protected by the Birds and Habitats Directives’ (COM(2020)0635).
Amendment 210 #
2021/0201(COD)
Proposal for a regulation
Recital 8 b (new)
Recital 8 b (new)
(8b) Cropland, grassland and wetlands are currently net emitters of greenhouse gases in the Union, but have the potential to become a source of net removals of greenhouse gases, in particular through the upscaling of agroforestry, organic farming, and the restoration of wetlands, including peatlands. The protection and restoration of species-rich grasslands and wetlands are also necessary to fulfil the objectives of the Biodiversity Strategy, but may be undermined by inappropriate land-use changes, underscoring the importance of addressing the problems of climate change and biodiversity loss in a synergistic way.
Amendment 218 #
2021/0201(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The increased level of ambition in the land-use and forestry sector will have social, labour and economic impacts. It is therefore important to ensure a just transition of the land-use and forestry sector to become more sustainable, with the full involvement of social partners and relevant civil society organisations in both the planning and implementation phases, benefitting forest and land managers, famers, workers, the environment and society more widely. In order to enhance greenhouse gas removals, individual farmers or forest managers need a directcould benefit from incentives to store more carbon on their land and their forests. New business models based on carbon farming incentives and on the certification of carbon removals need to be increasingly deployed in the period until 2030. Such incentives and business models will enhance climate mitigation in the bio-economy, including through the use of durable harvested wood products, in full respect of ecological principles fostering biodiversity and the circular economy. Hence, new categories of carbon storage products should be introduced while ensuring the protection of biodiversity and other societal co-benefits, through the promotion of ecosystem-based approaches and biodiversity-friendly practices. Public funding under the Common Agricultural Policy (CAP) and other EU programs– LIFE, the Cohesion Funds, Horizon Europe, the Recovery and Resilience Fund, the Just Transition Fund – can already support ecosystem-based approaches in forests and agricultural lands and should be increased. Such incentives should also enhance climate mitigation in a fully circular and sustainably sourced bio-economy, including through the use of durable harvested wood products, in full respect of ecological principles fostering biodiversity. They, as well as large-scale nature restauration initiatives, also create opportunities for new jobs and provide incentives for relevant training, reskilling addition to the harvested wood products. The emerging business models,nd upskilling. Inline with the increased ambition in the LULUCF sector, additional public support should be provided to individual farmingers and landforest management practices to enhance removals contribute to a balanced trs for implementing ecosystem- based approaches and biodiverrsitorial development and economic growth in rural areas. They also create opportunities for new jobs and provide incentives for relevant training, reskilling and upskilling. y- friendly practices on their land according to common rules provided by the Commission. At the same time, climate and environmentally-harmful subsidies in the land-use and forestry sector should be abolished by 2025 at the latest.
Amendment 247 #
2021/0201(COD)
Proposal for a regulation
Recital 11
Recital 11
(11) CIn order to incentivise increased efforts to overachieve their national targets, and considering the specificities of the land use, land use change and forestry sector in each Member State, as well as the fact that Member States need to increase their performance to achieve their nationMember States should be allowed to continue trading surpluses, while respecting the environmental binding targets, a rategrity of the targets by settinge of flexibilities should remaut a minimum price for such trading at the disposal of the Member States, including trading surpluses and the extension of forest- specific flexibilities, while respecting the environmental integrity of the targetsnd ensuring revenues generated from such trading are allocated to climate change mitigation and adaptation by promoting ecosystem-based approaches, and to protect and restore biodiversity in line with the Union’s Biodiversity Strategy for 2030.
Amendment 259 #
2021/0201(COD)
Proposal for a regulation
Recital 12
Recital 12
(12) Discontinuing the current accounting rules after 2025 creates a need for alternative provisions for natural disturbances such as fire, pest, and storms, in order to address uncertainties due to natural processes or as a result of climate change in the land use, land use change and forestry sector. A flexibilnatural disturbance solidarity mechanism linked to natural disturbances should be available to Member States in 2032, provided that they have exhausted all other flexibilities at their disposal, put in place appropriate measures to and have demonstrated that the remaining surplus is directly linked to the impact of natural disturbances, put in place appropriate measures to enhance natural carbon sinks in a way that contributes to enhancing biodiversity, reduced the vulnerability of their land to such disturbances, and that the achievement by the Union of the 2030 target for the land use, land use change and forestry sector is completed.
Amendment 275 #
2021/0201(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) With the setting of binding national annual targets for greenhouse gas removals based on the reported greenhouse gas emissions and removals from 2026 onwards, the rules for target compliance should be set out. The principles laid down in Regulation (EU) 2018/842 should apply mutatis mutandis, with a penalty for non- compliance calculated in the following way: a financial penalty of EUR 375 per tonne of CO2 equivalent in excess of the annual national target in the given year, in addition to 108% of the gap between the assigned target and the net removals reported in the given year will bebeing added to the greenhouse gas emission figure reported in the subsequent year by the Member State.
Amendment 279 #
2021/0201(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) In order to ensure uniform conditions for the implementation of the provisions of Regulation (EU) 2018/841 concerning the setting out of the annual target allocations for Member States, implementing powers should be conferred on the Commission. Those powers should bespecify the requirements set out in this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to supplement this Regulation in respect of setting out annual target allocations for Member States for the LULUCF sector as well as the method for determination of the technical correction to be added to the targets of the Member States and for the independent expert review, specifying common rules and methodologies to ensure that measures taken to meet the Member States national targets do not significantly harm other Union environmental objectives, specifying common criteria for the selection of projects to support land managers implementing ecosystem-based approaches in forests and agricultural land, and setting out the means for collecting excess premiums. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council37 . __________________ 37Regulation (EU) No 182/2011 oft level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement on Better Law-Making of 13 April 201636a. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of theshould receive all documents at the same time as Member States' experts, and their experts should systematically have access to meetings of Commission’s expercise of implementing powers (OJ L 55, 28.2t groups dealing with the preparation of delegated acts. __________________ 36a OJ L 123, 12.5.20116, p. 13).
Amendment 294 #
2021/0201(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The Convention on Biological Diversity (CBD) provides for, among other things, the monitoring of the components of biological diversity, including those requiring conservation measures, while noting that the fundamental requirement for the conservation of biological diversity is the in-situ conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings (recital 10 CBD); the monitoring of the effects of any categories of human activities likely to have significant adverse impacts on the conservation and sustainable use of biological diversity; and the maintenance and organisation of data derived from such monitoring (Article 7(b), (c) and (d) CBD). Provisions for monitoring the contribution of land to achieving climate neutrality should include the generation of data necessary to show the effects on those components of biodiversity that are subject to existing Union protection and restoration requirements, those with high climate risk and those envisaged for enhancement under the Biodiversity Strategy.
Amendment 298 #
2021/0201(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) The expected aAnthropogenic changes to marine and freshwaters environmentgreenhouse gas emissions and removals in marine, coastal and freshwater ecosystems can be significant, and are expected to vary in the future as a result of changes in use through, for instance, planned expansion of offshore energy, potential increase in aquaculture production and the increasing levels of nature protection required to meet the EU Biodiversity Strategy targets will influence greenhouse gas emissions and their sequestration. Currently these emissions and removals are not included in the standard reporting tables to the UNFCCC. Subsequently to the adoption of the reporting methodology, the Commission will consider reporting on the progress, feasibility of analysis and impact of extending the reporting to marineextending the scope of this Regulation to include greenhouse gas emissions and removals from the marine, coastal and freshwater environmentcosystems based on the latest scientific evidence of these fluxes and their causes, and apply specific targets to those, when carrying out the review in accordance with Article 17(2) of this Regulation.
Amendment 310 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(c) a Union target for net greenhouse gas removals in the land use, land use change and forestry sector for the period from 2026 to 2030, including a sub-target for reaching a balance at Union level between emissions and removals from cropland, grassland and wetlands by 2030 and achieving negative emissions in those categories thereafter;
Amendment 323 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point d
Article 1 – paragraph 1 – point d
(d) targets for net greenhouse gas removals in the land use, land use change and forestry sector for Member States for the period from 2026 to 2030, including sub-targets concerning cropland, grassland and wetlands;
Amendment 328 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point d a (new)
Article 1 – paragraph 1 – point d a (new)
(da) commitments of the relevant Union institutions and Member States to take the necessary measures for enhancing net greenhouse gas removals in the LULUCF sector from 2031 and onwards so as to contribute to Article 5(1) of the Paris Agreement and ensure a sustainable and predictable long-term contribution of natural sinks to the Union’s climate-neutrality objective by 2050 at the latest and to achieving negative emissions thereafter, as set out in Regulation (EU) 2021/1119;
Amendment 334 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/841
Article 1 – paragraph 1 – point e
Article 1 – paragraph 1 – point e
Amendment 353 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 2 – introductory part
Article 2 – paragraph 2 – introductory part
2. This Regulation also applies to emissions and removals of the greenhouse gases listed in Section A of Annex I, reported pursuant to Article 26(4) of Regulation (EU) 2018/1999 and occurring on the territories of Member States in the period from 2026 to 2030onwards, in any of the following land reporting categories and/or sectors:
Amendment 364 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EU) 2018/841
Article 2 – paragraph 3
Article 2 – paragraph 3
Amendment 377 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 a (new)
Article 1 – paragraph 1 – point 2 a (new)
Regulation (EU) 2018/841
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
2 a. in Article 3, the following point 10a is added: “(10a) 'ecosystem-based approaches' mean strategies for the integrated management of land, water and living resources that promotes conservation, restoration and sustainable use in an equitable way as part of an overall strategy and which aspires to maintaining the natural structure and functioning of ecosystems;”
Amendment 387 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 1
Article 4 – paragraph 2 – subparagraph 1
2. The 2030 Union target for net greenhouse gas removals is 310at least 424 million tonnes CO2 equivalent as a sum of the Member States targets established in accordance with paragraph 3 of this Article, and shall be based on the average of its greenhouse gas inventory data for the years 2016, 2017 and 2018. To contribute to that target, emissions and removals of greenhouse gases from cropland, grassland and wetlands shall be balanced at Union level by 2030, and reach negative levels thereafter.
Amendment 406 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 2 – subparagraph 2
Article 4 – paragraph 2 – subparagraph 2
Each Member State shall ensure that, taking into account the flexibilities provided for in Articles 12 and 13 and 13b, the annual sum of its greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), in each year in the period from 2026 to 2030 does not exceed the limit established by a linear trajectory, ending in 2030 on the target set out for that Member State in Annex IIa. The linear trajectory of a Member State shall start in 2022.
Amendment 410 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 1
Article 4 – paragraph 3 – subparagraph 1
3. The Commission shall adopt implementing acts setting out the annual targetsdelegated acts in accordance with Article 16 to supplement this Regulation by setting out the annual targets for the LULUCF sector, including annual sub- targets for cropland, grassland and wetlands, based on the linear trajectory for net greenhouse gas removals for each Member State, for each year in the period from 2026 to 2029 in terms of tonnes CO2 equivalent. These national trajectories shall be based on the average greenhouse gas inventory data for the years 2021, 2022 and 2023, reported by each Member State. The value of the 310at least 424 million tonnes CO2 equivalent net removals as a sum of the targets for Member States set out in Annex IIa may be subject to a technical correction due to a change of methodology by Member States, subject to independent expert review confirming the necessity and proportionality of the technical correction based on the improved accuracy of the data monitored and reported. The method for determination of the technical correction to be added to the targets of the Member States, and for the independent expert review shall be set out in these implementingdelegated acts. For the purpose of those implementingdelegated acts, the Commission shall carry out a comprehensive review of the most recent national inventory data for the years 2021, 2022 and 2023 submitted by Member States pursuant to Article 26(4) of Regulation (EU) 2018/1999.
Amendment 432 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 – subparagraph 2
Article 4 – paragraph 3 – subparagraph 2
Amendment 437 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
3 a. The relevant Union institutions and the Member States shall take the necessary measures at Union and national level, respectively, to continue enhancing net greenhouse gas removals in the LULUCF sector from 2031 onwards so as to contribute to Article 5(1) of the Paris Agreement and ensure a sustainable and predictable long-term contribution of natural sinks to the Union’s climate-neutrality objective by 2050 at the latest, as set out in Regulation (EU) 2021/1119. By 1 January 2025, the Commission shall, taking into account the advice of the European Scientific Advisory Board on Climate Change and the Union greenhouse gas budget set out in Regulation (EU) 2021/1119, and on the basis of the integrated national energy and climate plans submitted by Member States by 30 June 2024 pursuant to Article 14 (2) of Regulation (EU) 2018/1999, adopt a proposal to amend this Regulation to set out Union and Member States targets for net greenhouse gas removals in land use, land use change and forestry at least for 2035, 2040, 2045 and 2050.
Amendment 441 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4
Article 4 – paragraph 4
Amendment 464 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/841
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. Member States shall ensure that measures taken to meet their national targets as referred to in paragraph 2 do not significantly harm other Union environmental objectives, in particular Union biodiversity objectives as set out in the EU Biodiversity Strategy for 2030 and in the relevant legislation, within the meaning of Article 17 of Regulation (EU) 2020/852. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation by specifying common rules and methodologies to achieve the objective set out in this paragraph, including minimum criteria for the inclusion of biodiversity monitoring in National Forest Inventories or other land monitoring systems.
Amendment 472 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Regulation (EU) 2018/841
Article 4 a (new)
Article 4 a (new)
3 a. the following Article 4a is inserted: ‘Article 4a Financial support for ecosystem-based approaches 1. By... [six months after the entry into force of this Regulation], the Commission shall submit a report to the European Parliament and the Council assessing the consistency of different funding instruments under the Union budget and the European Union Recovery Instrument, including the national CAP Strategic Plans, with the commitments and targets set out in Article 4 of this Regulation, and shall identify ways of increasing financial support for ecosystem-based approaches in forests and agricultural land. 2. In addition, Member States shall use the revenues from transfers of removals to another Member State according to Article 12(2) of this Regulation and the revenues from excess premiums according to Article 13c (-a) (new) of this Regulation to support land managers implementing ecosystem-based approaches in forests and agricultural land. Projects shall be selected on the basis of objective, science-based and transparent common criteria and reward practices whose climate and environmental benefits are scientifically proven and that lead to the sustainable and long-term increase of carbon sequestration in soils and biomass while ensuring societal co-benefits. 3. The Commission is empowered to adopt delegated acts in accordance with Article 16 to supplement this Regulation concerning common criteria for the selection of projects referred to in paragraph 2, based, inter alia, on the Commission's guidelines on biodiversity- friendly afforestation and reforestation and closer-to-nature-forestry practices. The Commission shall consult the European Scientific Advisory Board on Climate Change referred to in Article 3 of Regulation (EU) 2021/1119, as well as civil society and relevant stakeholders, before the adoption of the delegated acts referred to in this paragraph.’
Amendment 486 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EU) 2018/841
Article 9 – title
Article 9 – title
Amendment 495 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EU) 2018/841
Article 9 – paragraph 2
Article 9 – paragraph 2
2. The Commission shall adopt delegated acts in accordance with Article 16 in order to amend paragraph 1 of this Article and Annex V by adding new categories of carbon storage products, including harvested wood products, that have a carbon sequestration effect, based on IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement, and ensuring environmental integrity.;
Amendment 511 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point a a (new)
Article 1 – paragraph 1 – point 9 – point a a (new)
Regulation (EU) 2018/841
Article 11 – paragraph -1 a (new)
Article 11 – paragraph -1 a (new)
(ab) the following paragraph -1 b is added: ‘-1a. If a Member State fails to meet its annual target as set out in Article 4(3) for two consecutive years, it shall amend its National Energy and Climate Plan and Long-term Strategy as referred to in Articles 3 and 15 of Regulation (EU) 2018/1999, and adopt additional measures to enhance all land sinks and reservoirs in a way that contributes to enhancing biodiversity, and to reduce the vulnerability of the land to natural disturbances. Such amendment shall be completed within six months of the second year in which the Member State concerned failed to meet its annual target. The Commission may issue recommendations identifying how the National Energy and Climate Plans and the Long-term Strategy of the Member State concerned is to be revised. The Commission shall make such recommendations publicly available. The Member State concerned shall notify the revised National Energy and Climate Plan and Long-term Strategy to the Commission accompanied by a statement setting out how the proposed revision will remedy non-compliance with the annual targets and how the Commission's recommendations have been taken into account. Where the Commission finds that the revised National Energy and Climate Plan or the Long-term Strategy have been insufficiently amended to meet the annual targets of the Member State concerned, the Commission may open an infringement procedure in accordance with the TEU and TFEU.’
Amendment 514 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b
Article 1 – paragraph 1 – point 9 – point b
(b) in order to comply with the commitments and targets set out in Article 4, the managed forest land flexibility set out in Articles 13 and the natural disturbances solidarity mechanism set out in Article 13b.
Amendment 518 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9 – point b a (new)
Article 1 – paragraph 1 – point 9 – point b a (new)
Regulation (EU) 2018/841
Article 11 – paragraph 2
Article 11 – paragraph 2
(ba) paragraph 2 is replaced by the following: "2. If a Member State is not in compliance with the monitoring requirements laid down in point (da) of Article 7(1) of Regulation (EU) No 525/2013, the Central Administrator designated under Article 20 of Directive 2003/87/EC (‘the Central Administrator’) shall temporarily prohibit that Member State from transferring or banking pursuant to Article 12(2) and (3) of this Regulation or using the managed forest land flexibility pursuant to Article 13 of this Regulation.’ Or. en (Regulation (EU) 2018/841)
Amendment 519 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point -a (new)
Article 1 – paragraph 1 – point 10 – point -a (new)
Regulation (EU) 2018/841
Article 12 – paragraph 1
Article 12 – paragraph 1
(-a) paragraph 1 is deleted;
Amendment 521 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point –a (new)
Article 1 – paragraph 1 – point 10 – point –a (new)
Regulation (EU) 2018/841
Article 12 – paragraph 2
Article 12 – paragraph 2
(-a) paragraph 2 is replaced by the following: ‘2. To the extent that total removals exceed total emissions in a Member State and after subtraction of any quantity taken into account under Article 7 of Regulation (EU) 2018/842, that Member State may transfer the remaining quantity of removals to another Member Statefor the period from 2021 to 2025, or that net greenhouse gas removals in 2030 in a Member State exceed the 2030 target set out for that Member State in Annex IIa, that Member State may transfer the remaining quantity of removals to another Member State subject to the payment by the recipient Member State of at least EUR 250 per tonne of transferred removals. The quantity transferred shall be taken into account when assessing the recipient Member State’'s compliance with its commitment pursuant to Article 4 of this Regulation.2030 target as set out in Annex IIa.’
Amendment 528 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2018/841
Article 12 – paragraphs 3 and 4
Article 12 – paragraphs 3 and 4
(a) paragraphs 3 isand 4 are deleted;
Amendment 530 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point b
Article 1 – paragraph 1 – point 10 – point b
Regulation (EU) 2018/841
Article 12 – paragraph 5
Article 12 – paragraph 5
5. Member States may useshall use all revenues generated by transfers pursuant to paragraph 2 to tackle climate changereduce emissions by sources and increase removals by sinks of greenhouse gases and to adapt to climate change by promoting ecosystem-based approaches, and to protect and restore biodiversity, in the Union or in third countries in a socially just manner and shall inform the Commission of any such actions taken. as to the use of those revenues and to the actions taken in the reports referred to in Article 19 of Regulation (EU) 2018/1999.
Amendment 538 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/841
Article 13 – paragraph 2 – subparagraph 1 – point a
Article 13 – paragraph 2 – subparagraph 1 – point a
(a) the Member State has included in its strategy submitted in accordance with Article 15 of Regulation (EU) 2018/1999 ongoing or planned specific measures to ensure the conservation or enhancement, as appropriate, of forest sinks and reservoirs in a way that contributes to enhancing biodiversity, and to reduce the vulnerability of the land to natural disturbances, while ensuring social cohesion; and
Amendment 540 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/841
Article 13 – paragraph 2 – subparagraph 1 – point a a (new)
Article 13 – paragraph 2 – subparagraph 1 – point a a (new)
(aa) there is a positive trend in relation to the Member State's conservation of habitats under Council Directive 92/43/EEC1a and Directive 2009/147/EC of the European Parliament and of the Council1b; __________________ 1aCouncil Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7). 1b Directive2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild bird (OJ L 20, 26.1.2010, p. 7).
Amendment 544 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EU) 2018/841
Article 13 – paragraph 2 – subparagraph 2
Article 13 – paragraph 2 – subparagraph 2
When assessing whether, within the Union, total emissions exceed total removals as referred to in the first subparagraph, point (b), the Commission shall ensure that double counting is avoided by Member States, in particular in the exercise of the flexibilities set out in Article 12 of this Regulation and Articles 7(1) or 9(2) of Regulation (EU) 2018/842.
Amendment 551 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/841
Article 13 a – paragraph 1 – subparagraph 1 – point a
Article 13 a – paragraph 1 – subparagraph 1 – point a
(a) Finland included in its strategy submitted in accordance with Article 15 of Regulation (EU) 2018/1999 ongoing or planned specific measures to ensure the conservation or enhancement, as appropriate, of forest sinks and reservoirs in a way that contributes to enhancing biodiversity, and to reduce the vulnerability of the land to natural disturbances in a socially fair way;
Amendment 556 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/841
Article 13 a – paragraph 1 – subparagraph 1 – point a a (new)
Article 13 a – paragraph 1 – subparagraph 1 – point a a (new)
(aa) there is a positive trend in relation to Finland concerning the conservation of habitats under Directives 92/43/EEC and 2009/147/EC;
Amendment 560 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12
Article 1 – paragraph 1 – point 12
Regulation (EU) 2018/841
Article 13 a – paragraph 1 – subparagraph 2
Article 13 a – paragraph 1 – subparagraph 2
When assessing whether, within the Union, total emissions exceed total removals as referred to in the first subparagraph, point (b), the Commission shall ensure that double counting is avoided by Member States, in particular in the exercise of the flexibilities set out in Article 12 and 13 of this Regulation and Articles 7(1) or 9(2) of Regulation (EU) 2018/842.
Amendment 567 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – title
Article 13 b – title
Amendment 570 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 1
Article 13 b – paragraph 1
1. A land use flexibilnatural disturbances solidarity mechanism corresponding to a quantity of up to 178 million tonnes of CO2 equivalent shall be established in the Union Registry established pursuant to Article 40 of Regulation (EU) No 2018/1999, subject to the fulfilment of the Union target referred to in Article 4(2). The flexibilnatural disturbances solidarity mechanism shall be available in addition to the flexibilities provided for in Article 12.
Amendment 574 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 2
Article 13 b – paragraph 2
2. Where, in the period from 2026 to 2030, the difference between the annual sum of the greenhouse gas emissions and removals on the territory of a Member State and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the corresponding target is positive, accounted and reported in accordance with this Regulation, that Member State may use the flexibilitynatural disturbances solidarity mechanism set out in this Article in order to comply with its target set out pursuant to Article 4(2).
Amendment 576 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – introductory part
Article 13 b – paragraph 3 – subparagraph 1 – introductory part
3. Where, in the period from 2026 to 2030, the result of the calculation referred to in paragraph 2 is positive, the Member State concerned shall be entitled to compensate the excess emissionsmay use the natural disturbances solidarity mechanism set out in this Article provided that the following conditions are fulfilled:
Amendment 580 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point a
Article 13 b – paragraph 3 – subparagraph 1 – point a
(a) the Member State has included in its updated integrated national energy and climate plan and long-term strategy submitted pursuant to Article 14 of Regulation (EU) 2018/1999 new, ongoing or planned specific measures to ensure the conservation or enhancement, as appropriate, of all land sinks and reservoirs in a way that contributes to enhancing biodiversity, and to reduce the vulnerability of the land to natural disturbances;
Amendment 583 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
(aa) the Member State has demonstrated that the positive result is directly linked to the impact of natural disturbances that exceed the average emissions caused by natural disturbances in the period from 2006 to 2025, excluding statistical outliers ('background level'). That background level shall be calculated in accordance with this Article and Annex VIII (new). To this end a Member State shall: – submit to the Commission information on the background level for the land accounting categories affected by natural disturbances and on the data and methodologies used in accordance with Annex VIII (new). The Commission may reject the evidence submitted by the Member State if it deems it is insufficiently justified or disproportionate; – exclude from accounting until 2035 all subsequent removals on the land affected by natural disturbances.
Amendment 584 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point b
Article 13 b – paragraph 3 – subparagraph 1 – point b
(b) the Member State has exhausted all other flexibilities available pursuant to this Article 12 of this Regulation or Article 7(1) of Regulation (EU) 2018/842;
Amendment 587 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point b a (new)
Article 13 b – paragraph 3 – subparagraph 1 – point b a (new)
(ba) there is a positive trend in relation to the Member State concerning the conservation status of habitats under Directives 92/43/EEC and 2009/147/EC;
Amendment 589 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c
Article 13 b – paragraph 3 – subparagraph 1 – point c
(c) the difference in the Union between the annual sum of all greenhouse gas emissions and removals on its territory and in all of the land reporting categories referred to in Article 2(2), points (a) to (j), and the Union target [of 310at least 424 million tonnes CO2 equivalent of net removals], after exhausting all the other flexibilities available pursuant to Article 12, is negative, in the period from 2026 to 2030.
Amendment 596 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 1 – point c a (new)
Article 13 b – paragraph 3 – subparagraph 1 – point c a (new)
(ca) The Commission is empowered to adopt delegated acts in accordance with Article 16 to amend Annex VIII in order to revise the information requirements in that Annex to reflect changes in the IPCC Guidelines as adopted by the Conference of the Parties to the UNFCCC or the Conference of the Parties serving as the Meeting of the Parties to the Paris Agreement.
Amendment 601 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 3 – subparagraph 2
Article 13 b – paragraph 3 – subparagraph 2
When assessing whether, within the Union, total emissions exceed total removals as referred to in the first subparagraph, point (c), the Commission shall determine whether to include 20% of net removals not banked by Member States from the period from 2021 to 2025 on the basis of the impact of natural disturbances and applying information submitted by Member States in accordance with paragraph 5 of this Article. The Commission shall in that assessment also ensure that double counting is avoided by Member States, in particular in the exercise of the flexibilities set out in Article 12 of this Regulation and Article 7(1) of Regulation (EU) 2018/842.
Amendment 616 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c – paragraph 1
Article 13 c – paragraph 1
If, as a result of the comprehensive review carried out by the Commission in 2032 pursuant to Article 14(2), the Commission finds that the reviewed greenhouse gas emissions and removals of a Member State in 2032 exceed the annual targets of that Member State for any specific year of the period 2026 to 2030, taking into account the flexibilities used pursuant to Articles 12 and 13b, the following measures shall apply:
Amendment 619 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c – paragraph 1 – point a (new)
Article 13 c – paragraph 1 – point a (new)
(a) the Commission shall impose, for any relevant year of the period from 2026 to 2030, an excess premium on that Member State equivalent to the amount in tonnes of CO2 equivalent of the sum of greenhouse gas emissions and removals in excess of the limit established by the linear trajectory set out pursuant to Article 4(3)multiplied by EUR 375;
Amendment 624 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c – paragraph 2
Article 13 c – paragraph 2
Amendment 627 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c – paragraph 2 a (new)
Article 13 c – paragraph 2 a (new)
The Commission is empowered to adopt delegated acts in accordance with Article 16 in order to supplement this Regulation by setting out the means for collecting excess premiums imposed under point (a) of the first subparagraph.
Amendment 630 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14
Article 1 – paragraph 1 – point 14
Regulation (EU) 2018/841
Article 13 c – paragraph 2 b (new)
Article 13 c – paragraph 2 b (new)
The amount of the excess premium shall be transferred to the financial support established under Article 4a(2) of this Regulation.
Amendment 631 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14a (new)
Article 1 – paragraph 1 – point 14a (new)
Regulation (EU) 2018/841
Article 13 d (new)
Article 13 d (new)
(14a) the following Article 13d is inserted: ‘Article 13d International cooperation Where a Member State decides to authorise the use of carbon credits from the LULUCF sector for offsetting by public or private entities, including through Articles 6.2 or 6.4 of the Paris Agreement, the amount of removals transferred or used shall not be taken into account for the objective of meeting the annual targets of that Member State as set out in Article 4(3) of this Regulation.’;
Amendment 633 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 14 b (new)
Article 1 – paragraph 1 – point 14 b (new)
Regulation (EU) 2018/841
Article 13 e (new)
Article 13 e (new)
Amendment 663 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. The Commission shall submit a report to the European Parliament and to the Council, no later than six months after […]each global stocktake agreed under Article 14 of the Paris Agreement, on the operation of this Regulation, including, where relevant, an assessment of the impacts of the flexibilities referred to in Article 11, as well as on the contribution of this Regulation to the Union’s overall 2030 greenhouse gas emission reduction target on the necessary increase in greenhouse gas emissions reductions and removals in the Union, as well as on the contribution of this Regulation to the Union’s climate neutrality objective and intermediary climate targets set out in Regulation (EU) 2021/1119, to the goals of the Paris Agreement, and its contribution to othe goals of the Paris Agreement, in particular with regard to the need for additional Union policies and measures, in view of the necessary increase in greenhouse gas emissions reductions and removals in the Unionr Union objectives and measures such as the 8th Environmental Action Programme, the EU Biodiversity Strategy for 2030 and the EU nature restoration targets. The report shall assess in particular the need for additional Union policies and measures, in particular taking into account any future improvement of the monitoring, data collection and reporting system concerning forests in the Union as announced under the New EU Forest Strategy for 2030, and in view of the necessary increase in greenhouse gas emissions reductions and removals in the Union and of the objective to protect and restore biodiversity and to ensure healthy ecosystems. The report shall take into account the best available and most recent scientific evidence, including the latest reports of the IPCC, IPBES and of the European Scientific Advisory Board on Climate Change referred to in Article 3 of Regulation (EU) 2021/1119.
Amendment 677 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Following the report, the Commission shall make legislative proposals where it deems it appropriate. In particular, the proposals shall set out annual targets and governance aiming towards the 2035 climate-neutrality target as laid downdditional Union policies and measures to achieve the post-2030 LULUCF targets referred to in Article 4(43), additional Union policies and measures, and a post-2035 framework, including innd extend the scope of theis Regulation to include greenhouse gas emissions and removals from additional sectors, such as the marine and freshwater environmentthe marine, coastal and freshwater ecosystems, based on robust scientific methodologies, and to set additional net removals targets for those ecosystems.;
Amendment 682 #
2021/0201(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 18
Article 1 – paragraph 1 – point 18
Regulation (EU) 2018/841
Article 17 – paragraph 2 – subparagraph 2 a (new)
Article 17 – paragraph 2 – subparagraph 2 a (new)
No later than six months after the entry into force of Regulation (EU) …/… [EU Nature Restoration Law], the Commission shall submit a report to the European Parliament and to the Council assessing the consistency of this Regulation, in particular of the targets set out in Article 4(2), with the restoration targets set out in that Regulation. The report shall be accompanied, where appropriate, by legislative proposals to amend this Regulation.’
Amendment 685 #
2021/0201(COD)
Proposal for a regulation
Article 2 – paragraph 1 – point 2
Article 2 – paragraph 1 – point 2
Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point a – point 1 – point ii
Article 4 – paragraph 1 – point a – point 1 – point ii
the Member State’s commitments and national targets for net greenhouse gas removals pursuant to Article 4(1) and (2) of Regulation (EU) 2018/841 and its contributions aim towards reaching the Union objective of reducing greenhouse gas emissions to net zero by 2035 and achieving negative emissions thereafter pursuant to Article 4(4) of that Regulation;;
Amendment 708 #
2021/0201(COD)
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Regulation (EU) 2018/1999
Annex V – Part 3 – paragraph 1 – point b – indent 7 a (new)
Annex V – Part 3 – paragraph 1 – point b – indent 7 a (new)
– The protected areas designated in order to achieve the protected areas targets under the Biodiversity Strategy for 2030;
Amendment 709 #
2021/0201(COD)
Proposal for a regulation
Annex III – paragraph 1
Annex III – paragraph 1
Regulation (EU) 2018/1999
Annex V – Part 3 – paragraph 1 – point b – indent 7 b (new)
Annex V – Part 3 – paragraph 1 – point b – indent 7 b (new)
– Land units which are subject to measures for ensuring the non- deterioration of areas that are subject to restoration measures according to a nature restoration plan applicable in a Member State;
Amendment 720 #
2021/0201(COD)
Proposal for a regulation
Annex III a (new)
Annex III a (new)
Regulation (EU) 2018/841
Annex VIII (new)
Annex VIII (new)
Amendment 30 #
2021/0200(COD)
Proposal for a regulation
Title 1
Title 1
Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement and Regulation (EU) 2021/1119 (‘European Climate Law’) (Text with EEA relevance)
Amendment 44 #
2021/0200(COD)
Proposal for a regulation
Recital 3 a (new)
Recital 3 a (new)
(3a) To be socially acceptable the climate ambition set out in this Regulation should be matched by an equivalent social ambition, in line with the European Pillar of Social Rights. The European Green Deal agenda should be an opportunity to maintain and create quality jobs, promote decent work, raise labour standards, strengthen social dialogue and collective bargaining, tackle discrimination at work and promote gender equality and workplace democracy. In order to achieve those objectives a Just Transition framework must complement all proposed actions in the framework of the Green Deal, the Farm to For Strategy and the “Fit for 55” package.
Amendment 67 #
2021/0200(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) In order to achieve the target of reducing greenhouse gas emissions by at least 55 %, the sectors covered by Regulation (EU) 2018/842 will need to reduce their emissions progressively until they reach- -40 % in 2030, compared to 2005 levels.
Amendment 84 #
2021/0200(COD)
Proposal for a regulation
Recital 12 a (new)
Recital 12 a (new)
(12a) While Regulation (EU) 2018/842 is a governance tool that sets GHG emission reductions targets in non-ETS sectors and the provisions on compliance, the increased level of ambition will require substantial changes in the affected sectors which might have social and labour impacts. The revised emission reduction targets need to be accompanied by sufficient financial and policy measures to guarantee that they can be met in a socially fair way. A concerted effort is needed from both public and private entities to raise awareness on the urgent need to act now, to ensure active and meaningful involvement and ownership of citizens and local communities, and to generate additional funding to support the transition to a climate neutral economy. Upskilling and reskilling programmes for entrepreneurs and workers are also needed in order to ensure access to the newest technologies and digital and sustainable skills.
Amendment 91 #
2021/0200(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) The COVID-19 pandemic has impacted the Union’s economy and its level of emissions to a degree that cannot yet be fully quantified. On the other hand, the Union is deploying its largest stimulus package ever, also having a potential impact on the level of emissions. Due to those uncertainties, it is appropriate to review the emissions data in 2025 and, if necessary, readjust the annual emission allocatiming to guarantee a green recovery and ensure fair climate and digital transitions, which will have a potential impact on the reductions of the Union’s level of emissions.
Amendment 99 #
2021/0200(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) It is therefore appropriate to update in 20252 the annual emission allocations for the years 20263 to 2030. This should be based on a comprehensive review of the national inventory data carried out by the Commission in order to determine the average of the greenhouse gas emissions of each Member State during the years 20218, 202219 and 20230.
Amendment 105 #
2021/0200(COD)
Proposal for a regulation
Recital 15
Recital 15
(15) Under Regulation (EU) 2018/842, the cancellation of a limited quantity of emission allowances in the European Union emission trading system (‘ETS’) may be taken into account for some Member States’ compliance under Regulation (EU) 2018/842. Given the particular structure of Malta’s economy, the national reduction target of that Member State based on Gross Domestic Product per capita is significantly above its cost- effective reduction potential, is is therefore appropriate to increase Malta’s access to that flexibility, without compromising the 2030 target of the Union on emission reductionsWhile carbon pricing should be used as a supportive measure, as part of a broader policy infrastructure, a strong sectoral regulatory framework for sectors covered by Regulation (EU) 2018/842 is necessary to ensure environmental and social integrity and compliance. The use of the ETS flexibility effectively weakens incentives for emission reductions in the non-ETS sectors. It is therefore appropriate to end its use as of 2023 onward.
Amendment 110 #
2021/0200(COD)
Proposal for a regulation
Recital 16
Recital 16
(16) In addition to thate ETS flexibility, a limited quantity of net removals and net emissions from land use, land-use change and forestry (‘LULUCF’) may be taken into account for Member States’ compliance under Regulation (EU) 2018/842 (‘the LULUCF flexibility’). In ordHowever, to ensure that sufficient mitigation efforts are deployed until 2030, it is appropriate to limit the use of the LULUCF flexibility by separating the use of such flexibility into two separate time periods, each capped by a limit corresponding to half of the maximum amount of total net removals set out in Annex III to Regulation (EU) 2018/842. It is also appropriate to bring the title of Annex III in line with the amendment to Regulation (EU) 2018/841 carried out by Commission Delegated Regulation (EU) 2021/268 of 28 October 202037 . As a consequence, there is no longer a need for Regulation (EU) 2018/842 to provide for a legal basis allowing the Commission to adopt delegated acts to amendhe removals in the LULUCF sector should not be used to offset lack of action in other sectors and existing flexibility effectively creates trade-offs between sink enhancement efforts and mitigation action, while both are urgently required and need to be maximised separately. In order to ensure that sufficient mitigation efforts across all sectors are deployed until 2030 and beyond in order to meet the Union climate neutrality objective by 2050 at the latest, it is appropriate to put an end to the titluse of its Annex III. Article 7(2) of Regulation (EU) 2018/842 should therefore be deletethe LULUCF flexibility from 2023 onward. __________________ 37Commission Delegated Regulation (EU) 2021/268 of 28 October 2020 amending Annex IV to Regulation (EU) 2018/841 of the European Parliament and of the Council as regards the forest reference levels to be applied by the Member States for the period 2021-2025 (OJ L 60, 22.2.2021, p. 21).
Amendment 114 #
2021/0200(COD)
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) Emission reductions in all sectors covered by Regulation (EU) 2018/842 need to accelerate if they are to adequately contribute towards the Union’s 2030 GHG emission reduction target. Non-CO2 emissions of methane, nitrous oxide and so-called F-gases represent almost 20 % of the Union’s greenhouse gas emissions. By 2030, these can be reduced effectively by up to 35 % compared to 2015. The majority of these emissions comes from the agriculture sector. Agriculture non-CO2 emissions, between 2005 and 2018, remained nearly constant and contributed only with 1 % to reductions in the Effort Sharing sectors (2 Mt CO2 equivalent). Projections indicate that countries plan rather low emission reductions in this sector1a. While these emissions can never be fully eliminated under existing technology and management options, they can be significantly reduced while ensuring food security is maintained in the Union. Further detailed monitoring, evaluation of the effectiveness and adequacy of policy efforts at national level, as well as the introduction of a minimum reduction contribution for agriculture emissions could help identify the most cost-effective measures to push the decarbonisation of agriculture, making sure that each and every sector contributes its fair share to the 2030 GHG emission reduction targets. __________________ 1a European Environment Agency, “National action across all sectors needed to reach greenhouse gas Effort Sharing targets”, 10 March 2020, https://www.eea.europa.eu/themes/climate /trends-and-projections-in- europe/national-action-across-all-sectors
Amendment 120 #
2021/0200(COD)
Proposal for a regulation
Recital 17
Recital 17
(17) Considering, the introduction of a streclimate response to emissions and removals is asymmetrical, meaning thened compliance regime in Regulation (EU) 2018/841 as of 2026, it isat one tonne of GHG emitted to the atmosphere cannot be compared to one tonne of GHG removed, the objective of enhancing removals by natural carbon sinks should be pursued strictly separately from the objective of rapidly reducing GHG emissions from other sectors, including non-CO2 agricultural emissions. It is therefore appropriate to abolish the deduction of the greenhouse gas emissions generated by each Member State in the period from 20261 to 2030 in the land sector in excess of its removals. Article 9(2) should therefore be amenddeleted accordingly.
Amendment 133 #
2021/0200(COD)
Proposal for a regulation
Recital 18 a (new)
Recital 18 a (new)
(18a) Given the long-term dimension of effective climate protection in line with Regulation (EU) 2021/1119 and the Union’s commitment to the objectives of the Paris Agreement, clarity about Member States’ individual long-term climate pathways beyond 2030 would allow for more accurate policy planning. It is therefore appropriate to include, among the provisions of the current Regulation, a process setting national net- zero targets, building upon the 2040 climate target as provided for under the Climate Law.
Amendment 137 #
2021/0200(COD)
Proposal for a regulation
Recital 18 b (new)
Recital 18 b (new)
(18b) Systemic deficiencies with regard to access to information, decision-making or compliance with environmental law can seriously threaten successful implementation of the Union commitment to the objectives of the Paris Agreement. The right to a legal recourse, to advance a widely shared public interest, remains an essential safeguard for the environment, human health and well-being and sustainable development. Therefore, in accordance with the Aarhus Convention on access to information, public participation in decision-making and access to justice in environmental matters, members of the public concerned should have access to justice in order to contribute to the protection of the right to live in an environment which is adequate for personal health and well-being and where the impacts of climate change and continued environmental degradation are addressed by the Member States as a matter of priority and urgency.
Amendment 140 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -1 (new)
Article 1 – paragraph 1 – point -1 (new)
Regulation (EU) 2018/842
Title
Title
(-1) The title is replaced by the following: "Regulation (EU) 2018/842 of the European Parliament and of the Council of 30 May 2018 on binding annual greenhouse gase mission reductions by Member States from 2021 to 2030 and beyond contributing to climate action to meet commitments under the Paris Agreement and amending Regulation(EU) No 525/2013 and Regulation (EU) 2021/119 (‘European Climate Law’) "
Amendment 145 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
(1) In Article 1, “30%” is replaced by “40%”; is replaced by the following; Subject matter This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40% below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement and the Union’s climate- neutrality target by 2050 at the latest, with the aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. This Regulation also lays down rules for setting a minimum Union-wide emissions reduction contribution of 15 % below 2005 levels in 2030 as regard the non- CO2 agriculture emissions covered by Article 2(1) of this Regulation. This Regulation also establishes measures to establish a just transition framework ensuring a clear governance of the transition with the involvement of social partners, rigorous employment impact assessment, anticipation of change through social dialogue, adaptation measures and social protection.
Amendment 147 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Regulation (EU) 2018/842
Article 1
Article 1
(1) In Article 1, “30%” is replaced by “40%”; is replaced by the following: Subject matter This Regulation lays down obligations on Member States with respect to their minimum contributions for the period from 2021 to 2030 to fulfilling the Union’s target of reducing its greenhouse gas emissions by 40 % below 2005 levels in 2030 in the sectors covered by Article 2 of this Regulation and contributes to achieving the objectives of the Paris Agreement and the Union’s climate neutrality target by 2050 at the latest, with the aim to achieve negative emissions thereafter as set out in Article 2(1) of Regulation (EU) 2021/1119 (‘European Climate Law’). This Regulation also lays down rules on determining annual emission allocations and for the evaluation of Member States’ progress towards meeting their minimum contributions. This Regulation also lays down rules for setting a minimum Union-wide emissions reduction contribution of 15 % below 2005 levels in 2030 as regard the non- CO2 agriculture emissions covered by Article 2(1) of this Regulation.
Amendment 160 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2018/842
Article 2 – Paragraph 3a (new)
Article 2 – Paragraph 3a (new)
(2b) In Article 2, the following paragraph is added: ‘3a. For the purposes of this Regulation, the emission factor for biofuels, bioliquids and biomass fuels that comply with the sustainability criteria and greenhouse gas emission savings criteria established in the Directive (EU) 2018/2001 shall be zero. If the share of biofuels and bioliquids, as well as of biomass fuels consumed in transport, where produced from food and feed crops, is higher than the maximum share established in Article 26 of Directive (EU) 2018/2001 of the European Parliament and of the Council, they shall no longer be considered to have zero emissions for the purposes of this Regulation.’
Amendment 186 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (b)
Article 4 – paragraph 2 – point (b)
(b) do not exceed, in the years 2023, 2024 and 2025 to 2030, the limit defined by a linear trajectory starting in 2022, at the annual emission allocation for that Member Stateverage of its greenhouse gas emissions during 2018, 2019 and 2020, as set out pursuant to paragraph 3 of this Article for that year, and ending in 2030 at the limit set for that Member State in column 2 of Annex I to this Regulation;
Amendment 191 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 2 – point (c)
Article 4 – paragraph 2 – point (c)
Amendment 209 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – sub paragraph 3
Article 4 – paragraph 3 – sub paragraph 3
Amendment 225 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EU) 2018/842
Article 4 – paragraph 3 – sub paragraph 4
Article 4 – paragraph 3 – sub paragraph 4
For the years 20263 to 2030, it shall determine the annual emission allocations based on the value for the 2005 greenhouse gas emissions of each Member State indicated pursuant to the second subparagraph and on a comprehensive review of the most recent national inventory data for the years 20218, 202219 and 20230 submitted by the Member States pursuant to Article 26 of Regulation (EU) 2018/1999.
Amendment 239 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 f (new)
Article 1 – paragraph 1 – point 3 f (new)
Regulation (EU) 2018/842
Article 4 a (new)
Article 4 a (new)
Amendment 258 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3 m (new)
Article 1 – paragraph 1 – point 3 m (new)
Regulation (EU) 2018/842
Article 5 – paragraph 6
Article 5 – paragraph 6
(3m) In Article 5, paragraph 6 is replaced by the following: "6. Member States mayshall use revenues generated by transfers of annual emission allocations pursuant to paragraphs 4 and 5 to tackle climate change in the Union or in third countries. Member States shall inform the Commission of any actions taken pursuant to this paragraph. "
Amendment 268 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -4 a (new)
Article 1 – paragraph 1 – point -4 a (new)
Amendment 272 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EU) 2018/842
Article 6 – paragraph 3a
Article 6 – paragraph 3a
Amendment 278 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -5 a (new)
Article 1 – paragraph 1 – point -5 a (new)
Regulation (EU) 2018/842
Article 7
Article 7
(-5a) Article 7 is deleted. (This amendment applies throughout the text. Adopting it will necessitate corresponding changes throughout (deletion of all references to Article 7).)
Amendment 283 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EU) 2018/842
Article 7
Article 7
Amendment 306 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 c (new)
Article 1 – paragraph 1 – point 5 c (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3
Article 8 – paragraph 3
(5c) In Article 8, paragraph 3 is replaced by the following: "3. The Commission mayshall issue an opinion regarding the robustness of the corrective action plans submitted in accordance with paragraph 1 and shall in that case do so within four months of receipt of those plans. The Member State concerned shall take utmost account of the Commission’s opinion and mayshall revise its corrective action plan accordingly. "
Amendment 311 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5 d (new)
Article 1 – paragraph 1 – point 5 d (new)
Regulation (EU) 2018/842
Article 8 – paragraph 3a (new)
Article 8 – paragraph 3a (new)
(5d) In Article 8, the following paragraph 3a is added: “3a. The corrective action plans and Commission opinions referred to in the first and third paragraphs shall be made public.”
Amendment 322 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -6 c (new)
Article 1 – paragraph 1 – point -6 c (new)
Regulation (EU) 2018/842
Article 9 – paragraph 2
Article 9 – paragraph 2
Amendment 323 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Amendment 330 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2018/842
Article 9 – paragraph 2a (new)
Article 9 – paragraph 2a (new)
(6a) In Article 9, the following paragraph is added: ‘2a. If a Member State exceeds its annual emissions allowance (AEA) in two or more consecutive years it shall undertake a review of its National Energy and Climate Plan (NECP) and national Long-Term Strategy (LTS). That review shall be completed within 6 months. The Commission may issue recommendations identifying how the NECP and/or LTS is to be revised. Member States shall notify the revised plans to the Commission together with a statement setting out how the proposed revisions are to remedy non- compliance with the national AEAs and how they have responded to the Commission’s recommendations where relevant. If the NECP or LTS remains substantially unaltered, the Member State shall publish an explanation setting out its reasoning.’
Amendment 341 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7
Article 1 – paragraph 1 – point 7
Regulation (EU) 2018/842
Article 11a
Article 11a
Amendment 356 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 a (new)
Article 1 – paragraph 1 – point 7 a (new)
Regulation (EU) 2018/842
Article 11 b (new)
Article 11 b (new)
Amendment 372 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)
Article 1 – paragraph 1 – point 7 g (new)
Regulation (EU) 2018/842
Article 15a (new)
Article 15a (new)
Amendment 373 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 g (new)
Article 1 – paragraph 1 – point 7 g (new)
Regulation (EU) 2018/842
Article 15b (new)
Article 15b (new)
Amendment 378 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -9 a (new)
Article 1 – paragraph 1 – point -9 a (new)
Regulation (EU) 2018/842
Annex II
Annex II
(-9a) Annex II is deleted.
Amendment 382 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EU) 2018/842
Annex II – row 5
Annex II – row 5
Amendment 383 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point -10 a (new)
Article 1 – paragraph 1 – point -10 a (new)
Regulation (EU) 2018/842
Annex III
Annex III
(-10a) Annex III is deleted.
Amendment 388 #
2021/0200(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EU) 2018/842
Annex III – title
Annex III – title
Amendment 390 #
2021/0200(COD)
Proposal for a regulation
Article 1 a (new)
Article 1 a (new)
Regulation (EU) 2018/1999
Article 4 – paragraph 1 – point (a)
Article 4 – paragraph 1 – point (a)
Article 1a Regulation (EU) 2018/1999 is amended as follows: In Article 4, paragraph 1, point (a) the following subparagraph is added: Member States shall demonstrate for each target and commitment how the planned measures are to contribute to their achievement, and explain the methodology used for their emissions reduction projections. With regard to sectors covered under Regulation (EU) 2018/842, Member States shall specify for each sector the expected emissions reduction level by the end of the period covered.”
Amendment 223 #
2021/0197(COD)
Proposal for a regulation
Recital 25 a (new)
Recital 25 a (new)
(25a) (new) Batteries produced in a sustainable way are crucial for the carbon-footprint of e-cars and for storing renewable energy. The Regulation concerning batteries and waste batteries (COM(2020)0798) will lay down a holistic set of rules concerning lifecycle of batteries and due diligence of fundamental social rights and environmental risks. Hence consumers, industry and public authorities promote a more sustainable way of producing battery vehicles, when certified CO2- figures and standards for re-use and recycling from this forthcoming Regulation are available. The Commission therefore shall integrate this new set of rules into a new framework for CO2-emission performance standards for new passenger cars and light commercial vehicles.
Amendment 366 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation (EU) 2019/631
Articles 11 – paragraph 1 – subparagraph 1
Articles 11 – paragraph 1 – subparagraph 1
(6a) Article 11 (1)is replaced by the following: 1. Upon application by a supplier or a manufacturer, CO2 savings achieved through the use of innovative technologies, the carbon footprint declaration of electric vehicles according to the Regulation on batteries and waste batteries or a combination of innovative technologies (‘innovative technology packages’) shall be considered. (This amendment applies throughout the text) Or. en (32019R0631)
Amendment 367 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6 a (new)
Article 1 – paragraph 1 – point 6 a (new)
Regulation 2019/631
Article 11 – paragraph 1 a (new)
Article 11 – paragraph 1 a (new)
Amendment 419 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 – point a
Article 1 – paragraph 1 – point 10 – point a
Regulation (EU) 2019/631
Article 15 – paragraph 1
Article 15 – paragraph 1
1. The Commission shall, in 2028, review the effectiveness and impact of this Regulation, building on the two yearly reporting, and submit a report to the European Parliament and to the Council with the result of the review. Manufacturers according to this Regulation shall comply with the UN Guiding Principles on Business and Human Rights, the general and sectoral OECD Guidelines for Multinational Enterprises and the ILO Tripartite Declaration of Principles concerning Multinational Enterprises and Social Policy. The Commission shall develop industry-specific guidelines in consultation with the Member States and with the support of the European Union Agency for Fundamental Rights, the European Environment Agency and the Executive Agency for Small and Medium- sized Enterprises. The Commission and the Member States shall ensure that a binding set of rules for manufacturers according to this Regulation is available by 1 January 2026. The Commission shall submit a report on this matter to the European Parliament and the Council. (This amendment applies throughout the text; its adoption will necessitate linguistic adjustments throughout.)
Amendment 448 #
2021/0197(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10 - point c a (new) Regulation (EU) 2019/631
Article 1 – paragraph 1 – point 10 - point c a (new) Regulation (EU) 2019/631
9a. By 1 January 2025 at the latest, manufacturers shall submit to the Commission a report on the measures they have taken to ensure that any transition that becomes necessary within their area of operations in order to achieve the CO2 targets set in this Regulation is fair for their supplier companies and affected employees. Employee representatives and interest groups representing supplier companies and SMEs shall be involved in this process. The relevant report to the Commission shall take due account of corporate sustainability reporting requirements.
Amendment 250 #
2020/2273(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Expresses strong support for the targets of protecting at least 30 % of the Union’s marine and terrestrial areas, and of strictly protecting at least 10 % of these areas, including primary and old-growth forests; stresses that these should be binding and implemented by Member States in accordance with science-based criteria and biodiversity needs; underlines that in addition to increasing protected areas, the quality of protected areas should be ensured and clear conservation plans implemented; emphasises the need for ambitious targets and appropriate monitoring and evaluation mechanisms; further emphasises the importance of connectivity between protected areas;
Amendment 277 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Urges the Commission to consider the threats that legal wildlife trade poses to biodiversity, human and animal health and welfare, within the framework of the evaluation of the EU Action Plan against Wildlife Trafficking and the planned related initiatives;
Amendment 300 #
2020/2273(INI)
Motion for a resolution
Paragraph 4 b (new)
Paragraph 4 b (new)
4b. Calls on the Commission to address threats to biodiversity posed by the legal wildlife trade through the adoption of new, preventive legislation to better regulate this trade according to strict and precautionary criteria, with the “do no harm” principle at its very core;
Amendment 871 #
2020/2273(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Regrets that the list of Union concern represents less than 6 % of IAS present in Europe; calls on the Commission to ensure proper coverage of IAS affecting threatened species on the EU list and to reinforce prevention by introducing mandatory risk assessments prior to the first import of non-native species and by promptly adopting white lists by 2030 at the latest/positive lists of species permitted for import, keeping, breeding and trade as pets;
Amendment 885 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls that the exotic pet trade is not only one of the main pathways of introduction of IAS, but also a major risk factor for the emergence of infectious diseases, the introduction of animal diseases, and poses a threat to species’ conservation and animal welfare;
Amendment 896 #
2020/2273(INI)
Motion for a resolution
Paragraph 21 b (new)
Paragraph 21 b (new)
Amendment 1099 #
2020/2273(INI)
Motion for a resolution
Paragraph 28
Paragraph 28
28. Reiterates its call for a full ban on the trade in both raw and worked ivory to, from and within the EU, including ‘pre- convention’ ivory and rhino horns,; calls for the implementation of such a ban without further delay in 2021 and asks for similar restrictions for other endangered species, such as tigers and rhinos;
Amendment 1104 #
2020/2273(INI)
Motion for a resolution
Paragraph 28 a (new)
Paragraph 28 a (new)
28a. Urges the Commission to revise the Environmental Crime Directive and address the disparities in its application by Member States; calls for the inclusion of environmental offences, such as IUU fishing and illegal hunting, in this legislation; underlines the need for wildlife crime to be recognised as a serious criminal activity that should be heavily penalised, especially in the context of(transnational) organised crime;
Amendment 15 #
2020/2260(INI)
Motion for a resolution
Citation 1 a (new)
Citation 1 a (new)
- having regards to its resolution of 18 December 2019 on the EU Pollinators Initiative1a, __________________ 1a P9_TA(2019)0104
Amendment 46 #
2020/2260(INI)
Motion for a resolution
Citation 6 a (new)
Citation 6 a (new)
- having regard to the "European Environment – State and outlook 2020" report by the European Environment Agency,
Amendment 52 #
2020/2260(INI)
Motion for a resolution
Citation 7 a (new)
Citation 7 a (new)
- having regard to the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, Confédération paysanne, which stipulates that food crops modified by genome editing are subject to the requirements of GMO legislation, including risk assessment, traceability and labelling,
Amendment 75 #
2020/2260(INI)
Motion for a resolution
Citation 11 a (new)
Citation 11 a (new)
- having regard to Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy; Directive 2006/118/EC of the European Parliament and of the Council of 12 December 2006 on the protection of groundwater against pollution and deterioration and Council Directive 91/676/EEC of 12 December 1991 concerning the protection of waters against pollution caused by nitrates from agricultural sources,
Amendment 88 #
2020/2260(INI)
Motion for a resolution
Citation 12 a (new)
Citation 12 a (new)
- having regards to Directive 2001/18/EC on the deliberate release into the environment of genetically modified organisms,
Amendment 113 #
2020/2260(INI)
Motion for a resolution
Citation 23 a (new)
Citation 23 a (new)
- having regard to its resolution of 11 February 2015 on country of origin labelling for meat in processed food1a, __________________ 1a OJ C 310, 25.8.2016, p. 15–18.
Amendment 114 #
2020/2260(INI)
Motion for a resolution
Citation 23 b (new)
Citation 23 b (new)
- having regard to its resolution of 12 May 2016 on mandatory indication of the country of origin or place of provenance for certain food1a, __________________ 1a OJC 76, 28.2.2018, p. 49–53.
Amendment 118 #
2020/2260(INI)
Motion for a resolution
Citation 24 a (new)
Citation 24 a (new)
- having regard to its resolution of 13 March 2019 on a Europe that protects: Clean air for all1a, __________________ 1a P8_TA(2019)0186
Amendment 128 #
2020/2260(INI)
Motion for a resolution
Citation 25 a (new)
Citation 25 a (new)
- having regards to Special Eurobarometer 505:"Making our food fit for the future – Citizens’ expectations" from October 2020,
Amendment 148 #
2020/2260(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regard to Council Presidency Conclusions of 15 December 2020 on front-of-pack nutrition labelling, nutrient profiles and origin labelling,
Amendment 151 #
2020/2260(INI)
Motion for a resolution
Citation 37 a (new)
Citation 37 a (new)
- having regards to the European Committee of the Regions' opinion on the Farm to Fork Strategy "From Farm to Fork – the local and regional dimension"1a, __________________ 1a NAT-VII/005
Amendment 203 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and restores ecosystem health; whereas currently, the food system is the single largest driver of global deforestation and biodiversity loss in Europe as well as responsible for a range of impacts on human and animal health and on the environment, and the climate and biodiversity; whereas the way in which we produce and consume food needs to transform radically and rapidly in order to ensure coherence with the SDGUnited Nations’ Sustainable Development Goals, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 224 #
2020/2260(INI)
Motion for a resolution
Recital B
Recital B
B. whereas Europe’s food system should deliver food and nutrition security in a way that contributes to social well- being and maintains and, restores ecosystem health and ensures animal health and welfare; whereas currently, the food system is responsible for a range of impacts on human and animal health and on the environment, the climate and biodiversity; whereas the way in which we produce and consume food needs to significantly transform in order to ensure coherence with the SDGs, the Paris Agreement, the Convention on Biological Diversity and EU policies, particularly in the areas of sustainability, the environment, climate, public health, animal welfare, food and economic sustainability for farmers;
Amendment 343 #
2020/2260(INI)
Motion for a resolution
Recital C a (new)
Recital C a (new)
Ca. whereas in just over a decade several million farms have ceased to exist, representing over a third of all farms in Europe, and the vast majority of lost farms are small family businesses;
Amendment 361 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
Amendment 369 #
2020/2260(INI)
Motion for a resolution
Recital D
Recital D
D. whereas food value chain actors have a large share of the responsibility for current unsustainable and unhealthy diets and must contribute to the transition to sustainable food systems and it is important that consumers are informed and enabled to take responsibility for the consequences of their choice of food stuffs on the whole food system, from production to processing and distribution; whereas this requires a healthy and sound food environment which ensures that the healthy and sustainable choice is also the easy and affordable choice, and fosters and encourages consumption patterns that support human health while ensuring the sustainable use of natural and human resources and animal welfare;
Amendment 390 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas genome editing methods have a high technical potential to make the whole genome available for genetic changes, very often resulting in complex patterns of genetic change (genotypes) and profound intended changes in the biological characteristics (phenotypes), even if no additional genes are inserted; whereas organisms derived from genome editing are covered by the Cartagena Biosafety Protocol of the Convention on Biological Diversity;
Amendment 396 #
2020/2260(INI)
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. whereas it is estimated that in the EU in 2017 over 950,000 deaths (one out of five) and over 16 million lost healthy life years were attributable to unhealthy diets, mainly cardiovascular diseases and cancers1a; __________________ 1aEU Science Hub : https://ec.europa.eu/jrc/en/health- knowledge-gateway/societal- impacts/burden
Amendment 404 #
2020/2260(INI)
Motion for a resolution
Recital E
Recital E
E. whereas the European food system has played a crucial role during the COVID-19 pandemic, demonstrating its resilience with farmers, processors and retailers working together under difficult conditions, including lockdowns, to ensure that European consumers continue to have access to safe, affordable, and high quality products without impediment; whereas the COVID-19 crisis, nevertheless, has highlighted the limits and weaknesses of globalised and intricate food supply chains, and has shown that over- specialisation of agricultural production leaves countries more vulnerable to trade restrictions and sudden shifts in consumer demand;
Amendment 426 #
2020/2260(INI)
Motion for a resolution
Recital E a (new)
Recital E a (new)
Ea. whereas globally, according to the Intergovernmental Panel on Climate Change (IPCC), agriculture represents roughly one quarter of total anthropogenic emissions (23% on average) while the estimated share of food systems more broadly is between 21%and 37%1a; whereas about half of the food system emissions are direct emissions, mostly methane (CH4) and nitrous oxide (N2O)from farming practices, from the animals themselves and from their manure and the other half being emissions linked to land use and land-use changes1b (such as clearing of forests), and CO2 emissions from pre- and post- production sectors (transport of food, food processing, food waste, etc.); __________________ 1aIPCC Special Report on Climate Change and Land (SRCCL),Summary for Policy Makers, 8 August 2019. https://www.ipcc.ch/srccl/ 1bBetween 1960 and 2011, 65% of global land-use change was driven by the production of animal products. Drivers for global agricultural land-use change: The nexus of diet, population, yield and bioenergy. Global Environmental Change, 35: 138–147.
Amendment 456 #
2020/2260(INI)
Motion for a resolution
Recital E b (new)
Recital E b (new)
Eb. whereas the EU agricultural sector produced 426 473 kilo tonnes of CO2 equivalent of greenhouse gases in 2015, about 10 % of the EU’s total GHG emissions (excluding Land Use, Land Use Change and Forestry (LULUCF) net removals) for that year; whereas there are considerable variations between Member States, with agriculture accounting from ~3% to 33% of national GHG emissions;
Amendment 467 #
2020/2260(INI)
Motion for a resolution
Recital E c (new)
Recital E c (new)
Ec. whereas emissions of ammonia (NH3) rose for the fourth year running, increasing by 0.4% across the EU, from 2016 to 20171a with the overall increase over the 2014-2017 period of about 2.5%; whereas these increases are because of the lack of emission reductions in the agricultural sector; whereas ammonia emissions can lead to increased acid depositions and excessive levels of nutrients in soil, rivers or lakes, which can have negative impacts on aquatic ecosystems and cause damage to forests, crops and other vegetation; whereas eutrophication can lead to severe reductions in water quality with subsequent impacts including decreased biodiversity, and toxicity effects; __________________ 1aAnnual EEA briefing ‘National Emission Ceilings (NEC) Directive reporting status 2019’ https://www.eea.europa.eu/themes/air/air- pollution-sources-1/national-emission- ceilings/nec-directive-reporting-status- 2019
Amendment 472 #
2020/2260(INI)
Motion for a resolution
Recital E d (new)
Recital E d (new)
Ed. whereas agriculture is the third biggest source of primary PM10 emissions in the EU, as stressed by the European Environment Agency; whereas ammonia (NH3) emissions from agriculture contribute to episodes of high PM concentrations experienced across Europe each spring, as well as to both short- and long-term negative health impacts;
Amendment 476 #
2020/2260(INI)
Motion for a resolution
Recital E e (new)
Recital E e (new)
Ee. whereas methane emissions from agriculture are an important precursor to ground-level ozone, which has adverse effects on human health; whereas 98 % of the EU’s urban population is exposed to ozone levels exceeding WHO guidelines;
Amendment 477 #
2020/2260(INI)
Motion for a resolution
Recital E f (new)
Recital E f (new)
Ef. whereas agro-ecology is an integrated approach that simultaneously applies ecological and social concepts and principles to the design and management of food and agricultural systems; whereas it seeks to optimise the interactions between plants, animals, humans and the environment while taking into consideration the social aspects that need to be addressed for a sustainable and fair food system;
Amendment 479 #
2020/2260(INI)
Motion for a resolution
Recital E g (new)
Recital E g (new)
Eg. whereas agro-ecology can support food production and security and nutrition while restoring the ecosystem services and biodiversity that are essential for sustainable agriculture and plays an important role in building resilience and adapting to climate change; whereas the UN Food and Agriculture Organisation (FAO)recognises it as a solution to tackle the multi-facetted social and environmental challenges facing the global food system;
Amendment 480 #
2020/2260(INI)
Motion for a resolution
Recital E h (new)
Recital E h (new)
Amendment 515 #
2020/2260(INI)
Motion for a resolution
Paragraph 1
Paragraph 1
1. Welcomes the ambitions and goals of the farm to fork strategy as an important steps in ensuring a sustainable, fair, healthy and resilient food system, which is central to achieving the goals set out in the European Green Deal and in the SDGs; emphasises the inextricable links between healthy people, healthy societies and a healthy planet, encourages the Commission to translate the strategy into concrete legislative and non-legislative action as soon as possible;
Amendment 568 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assesevidence-based proposal for a legislative framework for sSustainable fFood sSystems; invites the Commission to use this proposal to set out a holistic cCommon fFood pPolicy aimed at reducing the environmental and climate footprint and negative public health impacts of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthening its resilience, to ensure long-term food security in the face of climate change and biodiversity loss, as well as to leading a global transition towards sustainability from farm to fork, based on the UN FAO’s principles of a multifunctional agricultural sectorgroecology and the UN right to food while ensuring consistency between policies by taking into account the existing legislation in orderve and non-legislative acts legislation, to enable all actors in the European fFood system to develop long- term plansning based on realistic and transparent objectives; suggests that the respective base lines and progress achievedtresses the need for urgent and bold policy and legislative change in the face of overwhelming scientific evidence for the unsustainability of the current food system and the higher costs of a failure to act; suggests the taking into account of the respective base lines in each Member Sstate be taken into accountand progress achieved, while promoting theand exchange of know- how and best practices between Member Sstates; stresses the need to include the entire food and beverage chains including production, processing, marketing, distribution and retail;
Amendment 593 #
2020/2260(INI)
Motion for a resolution
Paragraph 2
Paragraph 2
2. Welcomes the announcement of an impact-assessed proposal for a legislative framework for sustainable food systems; invites the Commission to use this proposal to set out a holistic, integrated common food policy aimed at reducing the environmental and climate footprint of the EU food system in order to make Europe the first climate- neutral continent by 2050 and strengthen its resilience to ensure food security in the face of climate change and biodiversity loss, leading a global transition towards sustainability from farm to fork, based on the principle of a multifunctional agricultural sector while ensuring consistency between policies by taking into account the existing legislation in order to enable all actors in the European food system to develop long- term plans based on realistic and transparent objectives; suggests that the respective base lines and progress achieved in each Member State be taken into account, while promoting the exchange of know-how and best practices between Member States; stresses the need to include the entire food and beverage chains including production, processing, marketing, transport, distribution and retail and to cover the environmental, social(including health) and economic dimensions of sustainability;
Amendment 657 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 b (new)
Paragraph 2 b (new)
2b. Emphasises the need to ensure coherence of agricultural practices with the goals of the European Green Deal in terms of climate change, biodiversity, circular economy and zero pollution;
Amendment 676 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 c (new)
Paragraph 2 c (new)
2c. Calls on the farm to fork strategy to deliver together with the Biodiversity Strategy on the EU’s climate and environmental objectives through protection and restoration of ecosystems currently used for food production with a particular focus on the restoration of grasslands and drained peatlands, two major carbon sinks, as well as through protection of remaining natural ecosystems from further agricultural expansion such as peatlands, wetlands and old-growth forests;
Amendment 680 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 d (new)
Paragraph 2 d (new)
2d. Stresses that the Common Agricultural Policy and the farm to fork strategy must be determined together at European level, in order to complement each other and protect a fair balance between production, consumer health and environment, and must be attributed adequate resources to strengthen farmers’ position in the agri-food supply chain;
Amendment 682 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 e (new)
Paragraph 2 e (new)
2e. Reiterates that to ensure a proportionate contribution from the sector, agriculture should be target-driven in the EU’s ambition to move towards net- zero emissions by mid-century or before; stresses that inclusion of farmers in climate action is crucial in order to achieve global mitigation targets without compromising global food and nutrition security and the Sustainable Development Goals;
Amendment 683 #
2020/2260(INI)
Motion for a resolution
Paragraph 2 f (new)
Paragraph 2 f (new)
2f. Calls for a sustainable and efficient CAP which actively encourages farmers to deliver more environmental and climate benefits, including through strengthened common standards and mandatory requirements, especially for eco-schemes, providing a wide range of tools for farmers adapted to specific natural conditions to more efficiently use essential resources and inputs in food production, to improve biodiversity and soils, increase carbon sequestration, preserve sensitive habitats, contribute to the circular economy, reduce waste in the production cycle and phase-out subsidies which damage the climate;
Amendment 719 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
Amendment 744 #
2020/2260(INI)
Motion for a resolution
Paragraph 3
Paragraph 3
3. Welcomes the decision to revise the directive on the sustainable use of pesticides and the reduction targets for pesticides, fertilisers, and antibiotics; emphasises the importance of pursuing these targets through holistic and circular approaches, such as agroecological practices; insists that each Member State should establish robust and time-bound quantitative reduction targets in their CAP Strategic Plans and other relevant policy instruments, accompanied by well- defined support measures ensuring accountability at all levels to help reach these targets; reiterates its call for the prompt translation into legislation of the above targets and objectives, including through the revision of the Directive on the Sustainable Use of Pesticides; and calls on the Commission to clarify how it will deal with individual Member States’ contributions to Union- wide targets and to clarify the baselines for these targets;
Amendment 782 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Points out that, in addition to revising the directive on the sustainable use of pesticides to reduce the use and risks of pesticides, the Commission should improve the environmental risk assessment for plant protection products in order to take into account the effects of pesticides on water quality and drinking water sources, including cumulative and combination effects; emphasises that pesticides that have a strong negative impact on groundwater and surface water quality, or to the production of drinking water, should be phased out as a priority, and that the substitution of harmful pesticides by low-risk substances should be promoted; stresses the need to improve policy coordination between agricultural, pesticide-, biocide- and fertiliser-related legislation and, inter alia, water legislation in order to ensure the protection of our water resources, and in particular of those used for drinking water production, from overexploitation and agricultural pollution;
Amendment 818 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 b (new)
Paragraph 3 b (new)
3b. Notes that several CAP measures can contribute to the implementation of the Sustainable Use of Pesticides Directive, for example by promoting IPM and organic farming; reminds that CAP rules also require Member States to establish farm advisory systems and provide advice on IPM to all farmers; regrets however that, while the IPM principles are mandatory for farmers, they are not included as a condition for CAP payments and despite encouragement for more sustainable farming practices, there are few measures deterring farmers from using ‘standard’ PPPs rather than turning to non-chemical or alternative methods1e; calls on the Member States to convert the general IPM principles into practical and measurable criteria and verify these criteria at farm level; calls on the Commission to incorporate these measurable IPM criteria into ‘conditionality’ in the post-2020 CAP and ensure they are enforced; _________________ 1eSpecial Report of the Court of Auditors 05/2019 "Sustainable use of plant protection products: limited progress in measuring and reducing risks"
Amendment 842 #
2020/2260(INI)
Motion for a resolution
Paragraph 3 c (new)
Paragraph 3 c (new)
3c. Notes with interest the Commission's estimation of the EU-wide risks and impacts related to PPP use, published in November 2019, based on calculations of the two recently adopted harmonised risk indicators (one indicator based on PPP sales statistics and the other based on the number of emergency authorisations); regrets however that neither of the indicators show the extent to which the SUP Directive has been successful in achieving the EU objective of sustainable use of PPPs and that several concerns have been raised regarding the scientific rationale for the weightings used;1f calls on the Commission, in order to adequately assess the progress made towards policy objectives, to improve the harmonised risk indicators, or develop new ones that take into account, for Harmonised Risk Indicator II, agricultural areas or volumes of active substance, for Harmonised Risk Indicator I, the way PPPs are used; _________________ 1fEuropean Court of Auditors' Special Report 05/2019 "Sustainable use of plant protection products: limited progress in measuring and reducing risks"
Amendment 900 #
2020/2260(INI)
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and targets to ensure progressive reductions in all GHG emissions in these sectorslegally-binding EU-level and national targets for emissions from agriculture and related land use as part of the “Fit for 55” package to ensure ambitious reductions in all GHG emissions in these sectors in the EU but also addressing embedded land use emissions from imported feed and food;
Amendment 953 #
2020/2260(INI)
Motion for a resolution
Paragraph 4
Paragraph 4
4. Emphasises the importance of recognising the significant impact of agriculture and especially animal production on greenhouse gas (GHG) emissions and land use; stresses the need to enhance natural carbon sinks and reduce agricultural emissions of carbon dioxide, methane and nitrous oxide, in particular in the feed and livestock sectors; calls for regulatory measures and binding targets to ensure progressive reductions in all GHG emissions in these sectors;
Amendment 957 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 a (new)
Paragraph 4 a (new)
4a. Underlines that future agriculture and food policies should facilitate the transition to sustainable farming by rewarding farmers for the environmental and climate public goods they deliver, better reflecting the challenges faced by farmers and society, the need for change, and to support farmers in making low carbon choices the norm; stresses that farms and farm businesses should be made more resource efficient, low carbon, ecologically sound, sustainable and resilient thus enabling farms to become more independent and able to align themselves with what European citizens want from their rural environment;
Amendment 982 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 c (new)
Paragraph 4 c (new)
4c. Stresses that intensive livestock production is highly unsustainable as it overloads the environment with nutrients, contributes to climate change through intensive GHG emissions, as well as air pollution and soil degradation and relies on destructive monocultures for feed production; calls for a coherent policy mix to enable a transition towards circular, extensive livestock production as part of mixed farming system, which respects the carrying capacity of the local environment and supports biodiversity;
Amendment 984 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 d (new)
Paragraph 4 d (new)
Amendment 986 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 e (new)
Paragraph 4 e (new)
4e. Underlines the fact that technical measures to limit ammonia emissions exist, but are so far only used by a few Member States; recalls that these include: nitrogen management, taking into account the full nitrogen cycle; livestock feeding strategies to reduce nitrogen excretion from cattle, pigs and poultry; low-emission application of manure and fertiliser to land; low-emission manure storage systems; low-emission manure processing and composting systems; low- emission animal housing systems; and low-emission approaches for mineral fertiliser application;
Amendment 988 #
2020/2260(INI)
Motion for a resolution
Paragraph 4 f (new)
Paragraph 4 f (new)
4f. Regrets that methane emissions are not regulated under EU air pollution legislation and not specifically regulated under EU climate policy; highlights the various cost-effective ways of addressing methane emissions without affecting meat and milk consumption; considers that manure management offers emissions reduction potential, through the adoption of simple and cost-efficient measures from storage to spreading techniques; further considers that changing feeding strategies (e.g. adding leguminous elements such as alfalfa and flax) would significantly reduce enteric methane emissions;
Amendment 1089 #
2020/2260(INI)
Motion for a resolution
Paragraph 6
Paragraph 6
Amendment 1150 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
Amendment 1164 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU-grown plant proteins to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1171 #
2020/2260(INI)
Motion for a resolution
Paragraph 7
Paragraph 7
7. Underlines the importance of seed security and diversity, notably of promoting EU- sustainably grown plant proteins as part of long crop rotations to deliver locally sourced food and feed stuffs with high nutritional value while granting farmers access to quality seeds for plant varieties adapted to the pressures of climate change, including traditional and locally-adapted varieties, while ensuring access to innovative plant breeding in order to contribute to healthy seeds and protect plants against harmful pests and diseases, which pass a proper risk assessment process with due regard to the precautionary principle; raises awareness of the potential negative effects of concentration and monopolisation in the seed sector;
Amendment 1182 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Underlines that inconsistencies between different EU policies affecting our food system have hindered progress towards EU’s international commitments on the SDGs and a truly sustainable European food system; stresses that the farm to fork strategy and the European Green Deal must ensure full policy coherence between agriculture, environment, trade and climate policies; calls on the CAP National Strategic Plans to fully support the implementation of existing EU environmental law and to contribute to the objectives of the Green Deal in order to ensure coherence with EU’s climate and environmental targets;
Amendment 1189 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 a (new)
Paragraph 7 a (new)
7a. Recalls that the precautionary principle in regard to GMOs has to be applied in accordance with the judgment of the Court of Justice of the European Union of 25 July 2018 in Case C-528/16, which includes the need for companies to provide methods to identify the relevant organisms as well as mandatory approval process, including risk assessment and labelling.
Amendment 1199 #
2020/2260(INI)
Motion for a resolution
Paragraph 7 b (new)
Paragraph 7 b (new)
7b. Calls on the Commission and on Member States to promote the agro- ecological farming practices in EU agriculture based on the set of principles as defined by FAO1g, in particular through the CAP Strategic Plans, in order to transform the EU’s food and agricultural system, to mainstream sustainable agriculture and to achieve Zero Hunger and multiple other SDGs; _________________ 1gThe 10 Elements of Agroecology Guiding the Transition to Sustainable Food and Agricultural Systems http://www.fao.org/3/I9037EN/i9037en.pd f
Amendment 1217 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Plans to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production; to achieve these objectives, stresses that it is essential that European regions should be able to continue to perform their role as managing authorities in order to support the transitions as locally as possible and to ensure that the future strategic plans meet local needs;
Amendment 1221 #
2020/2260(INI)
Motion for a resolution
Paragraph 8
Paragraph 8
8. Calls for CAP National Strategic Planon the European Commission to only approve CAP National Strategic Plans if they demonstrate their contribution to European Green Deal objectives given Member States respective baselines and that all CAP National Strategic Plans together meet the Union-wide targets; calls on Member States to ensure adequate financial support and incentives to promote new ecological ‘green’ business models for agriculture and artisanal food production, notably through fostering short supply chains and quality food production;
Amendment 1317 #
2020/2260(INI)
Motion for a resolution
Paragraph 9
Paragraph 9
9. Recalls that the European food system generally delivers a sufficient and varied supply of safe, and nutritious, affordable and sustainable food to people at all times and underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the food supply cha food to people at all times; points out, however, that an estimated 11% of the population (49 million people, EU-27) are unable to afford a quality meal every second day and that COVID-19 is likely to exacerbate fin and itcial difficulties wforkers as a strategic asset for the safety and well-being of all Europea many European households; stresses that food poverty requires appropriate policy response;
Amendment 1325 #
2020/2260(INI)
Motion for a resolution
Paragraph 9 a (new)
Paragraph 9 a (new)
9a. Underlines that increasing the economic, environmental and social sustainability of food producers will ultimately increase their resilience; encourages the Commission to consider the food supply chain and its workers as a strategic asset for the safety and well- being of all Europeans;
Amendment 1390 #
2020/2260(INI)
Motion for a resolution
Paragraph 11
Paragraph 11
11. Expresses its deep concern about the increasingly frequent emergence of zoonotic diseases that are transferred from animals to humans (anthropozoonoses), such as Q fever, avian influenza and the new strain of influenza A (H1N1), which is exacerbated by anthropogenic climate change, the destruction of biodiversity, environmental degradation and our current food production and consumption systems;
Amendment 1403 #
2020/2260(INI)
Motion for a resolution
Paragraph 11 a (new)
Paragraph 11 a (new)
11a. Welcomes the emphasis placed on the need to reduce antibiotics use in animal agriculture and stresses that EU initiatives in this area should adopt a One Health approach that recognises the interdependence between the health and well-being of humans, animals and the planet; calls to ensure equivalent standards for products of animal origin imported into the EU as those adopted under the Veterinary Medicines Regulation; notes the need, as part of the revision of the feed additives Regulation, to address substances currently not classified as antibiotics, such as coccidiostats, that may be used in animal agriculture in high quantities for preventative use and thereby compensate for poor animal husbandry practices;
Amendment 1476 #
2020/2260(INI)
Motion for a resolution
Paragraph 13
Paragraph 13
13. Urges the Commission to follow up on Directive (EU) 2019/633 on unfair trading practices22 and the EU code of conduct on responsible business and marketing practices by producing a monitoring framework for the food and retail sectors and providing for legal action if progress in integrating economic, environmental and social sustainability into corporate strategies is insufficient, and in so doing promoting and rewarding the efforts of sustainable agricultural producers while increasing the availability and affordability of healthy, sustainable food options and reducing the overall environmental footprint of the food system; insists on the need for the EU code of conduct for food and retail businesses to focus on commitments which are relevant to shaping healthy and sustainable food environments, and which are specific, measurable and time bound, and centred on key operations of the entities involved; stresses the importance of halting and addressing consolidation and concentration in the grocery retail sector in order to ensure fair prices for farmers; _________________ 22 OJ L 111, 25.4.2019, p. 59.
Amendment 1539 #
2020/2260(INI)
Motion for a resolution
Paragraph 14
Paragraph 14
14. Urges the review of the EU promotion programme for agricultural and food products, including the EU school scheme, with a view to bringing it into coherence with the objectives of the Green Deal and farm to fork strategy and enhancing its contribution to sustainable production and consumption, notably by focusing on educational messages about the importance of healthy nutrition, short local and regional supply chains and promoting greater consumption of fruit and vegetables with the aim of reducing obesity rates;
Amendment 1651 #
2020/2260(INI)
Motion for a resolution
Paragraph 16
Paragraph 16
16. Calls for a comprehensive and complementary range of measures to reduce the burden that highly processed foods with high salt, sugar and fat content place on public health; regrets that the introduction of nutrient profiles is greatly delayed andcalls that nutrient profiles, which are long overdue, remain pertinent and necessary to meet the objectives of Regulation (EC) No 1924/2006 on Nutrition and Health Claims; welcomes the announcement of a legislative proposal to establish nutrient profiles; points out that many food products, including some marketed towards children, continue to use health and nutrition claims despite them having high levels of nutrients of concern; stresses that a robust set of nutrient profiles must be developed to restrict or prohibit the use of false nutritional claims on foods high in fats, sugars and/or salt; calls for a mandatory EU-wide front-of-pack nutrition labelling system based on independent science;
Amendment 1688 #
2020/2260(INI)
Motion for a resolution
Paragraph 16 a (new)
Paragraph 16 a (new)
16a. Highlights that 1 in 2 adults is overweight or obese in the EU, demonstrating the need for stronger action to help stem this public health crisis; recognises that front-of-pack nutritional labels have been identified by international public health bodies such as the World Health Organisation as a key tool to help consumers make more informed and healthier food choices; calls on the Commission to ensure that the EU mandatory front-of-pack nutritional label is developed based on robust, independent scientific evidence and demonstrated consumer understanding; stresses furthermore that to facilitate comparison across products, it should include an interpretive element and be based on uniform reference amounts such as per 100g/100ml;
Amendment 1734 #
2020/2260(INI)
Motion for a resolution
Paragraph 17
Paragraph 17
17. Welcomes the Commission’s commitment to revise the EU legislation on food contact materials (FCM); reiterates its call to revise the legislation on FCM in line with the regulation on the registration, evaluation, authorisation and restriction of chemicals (REACH), as well as classification, labelling and packaging regulations, and to insert, without further delay, specific provisions to substitute endocrine disrupting chemicals; stresses that equal safety requirements should be applied to virgin and recycled materials;
Amendment 1742 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Insists further on the need for comprehensive, harmonised regulation of all FCMs, which should be based on the precautionary principle, the principle of ‘no data, no market’, comprehensive safety assessments that address all the relevant safety and health endpoints and are based on the latest scientific data for all chemicals used in FCMs, effective enforcement and improved information to consumers;
Amendment 1743 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 a (new)
Paragraph 17 a (new)
17a. Regards it as essential, further, to keep consumers better informed by introducing mandatory origin labelling of food, which would be broadened to cover animal welfare, sustainability and pesticide residue levels;
Amendment 1745 #
2020/2260(INI)
Motion for a resolution
Paragraph 17 b (new)
Paragraph 17 b (new)
17b. Notes that vast majority of chemicals in the EU is currently regulated on a case-by-case basis and for each specific use while ample evidence justifies that for the most harmful chemicals the generic approach to risk management becomes the default option, in particular as regards their use in consumer products; calls, therefore, on the Commission to extend the generic approach to risk management across legislation to ensure that substances used in agriculture, food production and processing do not contain chemicals that cause cancers, gene mutations, affect the reproductive or the endocrine system, or are persistent and bio-accumulative;
Amendment 1753 #
2020/2260(INI)
Motion for a resolution
Paragraph 18
Paragraph 18
18. Welcomes the fact that the strategy rightly recognises the role and influence of the food environment in shaping consumption patterns and the need to make it easier for consumers to choose healthy and sustainable diets; reiterates the importance of promoting sustainable diets by raising consumer awareness of the impacts of consumption patterns and providing information on diets that are better for human health and have a lower environmental footprint, such as products from short local and regional supply chains; underlines the important role which consumer organisations can play in this regard; underlines that food prices must send the right signal to consumers; welcomstresses, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one; at the shift to a more sustainable food system cannot rely solely on individual choices by consumers and that a range of actions, including regulation, is needed to make food production more sustainable by default;
Amendment 1796 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 a (new)
Paragraph 18 a (new)
Amendment 1801 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 b (new)
Paragraph 18 b (new)
18b. Underlines that the affordability of healthy and sustainable food choices is the main obstacle to the adoption by consumers of healthy and sustainable diets and that food prices must send the right signal to consumers; welcomes, therefore, the strategy’s objective that the healthy and sustainable choice should become the most affordable one; invites the Commission to launch a study to quantify in economic terms the environmental and societal (including health-related) costs associated with the production and consumption of the most consumed food products on the EU market, as a first step towards moving towards true cost accounting for food;1a _________________ 1aSpecial Eurobarometer 505. Making our food fit for the future – Citizens’ expectations. October 2020. ‘Healthy, sustainable food choices are affordable’ was the answer most frequently given by consumers when asked about what would help them to adopt a healthy and sustainable diet.
Amendment 1804 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 c (new)
Paragraph 18 c (new)
18c. Welcomes the future legislative proposals to improve consumer information on food origin; highlights that origin is the most important factor for Europeans when buying food; reminds the Commission of the Parliament’s resolutions of 11 February 2015 and 12 May 2016, where Parliament called for mandatory origin labelling of drinking milk, dairy products and meat used as an ingredient in processed foods; adds furthermore that mandatory labelling of origin should also be extended to seafood products, not least those that are preserved or processed;
Amendment 1808 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 d (new)
Paragraph 18 d (new)
Amendment 1810 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 e (new)
Paragraph 18 e (new)
18e. Highlights that too many unsubstantiated and even misleading environmental claims are being used on food, creating confusion among consumers and making it difficult for them to identify the products that are more environmentally friendly; calls on the Commission to introduce a new regulatory framework establishing a clear, swift and efficient pre-approval procedure for all green claims and labels, taking into account the experience gained in the application of the system already in place for health and nutrition claims; stresses that such framework would protect consumers from untruthful green claims while ensuring that businesses who genuinely strive for more environmentally friendly operations are duly rewarded for their efforts;
Amendment 1813 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 f (new)
Paragraph 18 f (new)
18f. Stresses that Regulation (EU) No 1169/2011 requires that where the origin of a food is given and is different from the one of its primary ingredient, the origin of the primary ingredient shall be given or at least indicated as being different to the origin of the food; points out that in practice that means that products whose primary ingredients are not locally or regionally sourced can be marketed as such if the origin of said non-local primary ingredients is indicated in small print; underlines that there is an imbalance between the visibility of marketing practices that use national, regional and local names and symbols for products whose primary ingredients are not nationally, regionally or locally sourced and EU labelling requirements; considers this to be detrimental to the consumers' right to be properly informed and potentially misleading; calls on the Commission to rectify that imbalance;
Amendment 1816 #
2020/2260(INI)
Motion for a resolution
Paragraph 18 g (new)
Paragraph 18 g (new)
18g. Points out that Directive 2001/110 regulates that honey sold on European markets is either labelled as coming from a specific country, as ‘EU’ or as ‘non- EU’, or as both ‘EU and non-EU’ honey blends. In both non-EU cases, blended or not, the consumer is not aware whether the product is actually genuine EU standard quality honey, meaning without added sugar syrup, for example; calls on the Commission and Member States to support the EU beekeeping sector by reinforcing import inspections in order to prevent imports of adulterated honey; considers that the current rules are not fit for purpose as they provide ambiguous information to consumers and facilitate the import and sale of low quality or adulterated honey in the EU; calls on the Commission to propose legislative changes for honey labelling rules that will result in better consumer information and support the EU beekeeping sector;
Amendment 1839 #
2020/2260(INI)
Motion for a resolution
Paragraph 19
Paragraph 19
19. Reaffirms its beliefUnderlines that policy measures that are dependent solely on consumer choice lack efficacy and unduly shift the responsibility to purchase sustainable products to consumers; notes that third- party certification and labelling alone are not effective in ensuring sustainable production and consumption;
Amendment 1949 #
2020/2260(INI)
Motion for a resolution
Paragraph 21
Paragraph 21
21. Considers that the further development of sustainable plant protein production and alternative sources of protein in the EU is a way of effectively addressing many of the environmental and climate challenges that EU agriculture is facing, as well as preventing deforestation in countries outside the EU;
Amendment 1953 #
2020/2260(INI)
Motion for a resolution
Paragraph 21 a (new)
Paragraph 21 a (new)
21a. Recalls its resolution of 15 January 2020 on the European Green Deal and its resolution of 22 October 2020 on an EU legal framework to halt and reverse EU-driven global deforestation and its repeated demand to the Commission to present, without delay, a proposal for an EU legal framework based on mandatory due diligence to ensure sustainable and deforestation-free supply chains for products placed on the Union market, with a particular focus on tackling the main drivers of imported deforestation and instead encouraging imports that do not create deforestation and ecosystem degradation abroad;
Amendment 1962 #
2020/2260(INI)
Motion for a resolution
Paragraph 22
Paragraph 22
22. Calls for a revision of public procurement legislation, including minimum mandatory criteria in schools and other public institutions to encourage organic and local food production and to as well as less and better meat, dairy and eggs production and consumption and to promote more healthy and sustainable diets by creating a food environment that enables consumers to make the healthy choice; calls on the Commission to set mandatory targets for sustainable food procurement and to develop monitoring and reporting tools to collect data on these procurements; recommends that the criteria are developed in a way that they integrate principles of the circular economy, ensure the reduction of packaging and food waste and can be used beyond public authorities by corporate groups reporting on sustainability and covered by non- financial reporting policy as well as private institutions offering the same services as public services;
Amendment 2013 #
2020/2260(INI)
Motion for a resolution
Paragraph 23
Paragraph 23
Amendment 2073 #
2020/2260(INI)
Motion for a resolution
Paragraph 24 a (new)
Paragraph 24 a (new)
24a. Highlights with concern the downward trend across the EU in both the number of official food controls undertaken and the resources allocated to them; supports the Commission in its efforts to combat food fraud; considers that the punishment should fit the crime in cases of intentional food fraud and calls on Member States to adequately reflect that principle in national legislation, in line with the Official Controls Regulation 2017/625;
Amendment 2097 #
2020/2260(INI)
Motion for a resolution
Paragraph 25
Paragraph 25
25. Underlines the importance EU funding for research and innovation as a key driver in accelerating the transition to a more sustainable, healthy and inclusive European food system while facilitating investments needed to encourage agro- ecological practices in both social and technological innovation, and the crucial role of farm advisory services in ensuring the transfer of knowledge to the farming community, drawing on the existing specialised training systems for farmers in Member States; warns against excessive reliance on technological innovations which do not address the root causes of problems nor the systemic environmental issues faced by the agricultural sector; reminds that many alternatives to excessive use of agricultural inputs such as chemical pesticides already exist and that it is essential to focus on better uptake by farmers; recalls that the precautionary principle underpins the EU Directive on GMO (Dir. 2001/18/EC) and that the 2018 ruling the Court of Justice of the EU strengthens the precautionary protection of human and environment;
Amendment 2188 #
2020/2260(INI)
Motion for a resolution
Paragraph 26
Paragraph 26
26. Recalls the global responsibility of European food systems and their key role in setting global standards for food safety, environmental protection and animal welfare; calls on the Commission and the Member States to ensure that all food and feed products imported to the EU fully meet relevant EU regulations and standards and to provide development assistance to support primary producers from developing countries in meeting those standards; welcomes the Commission’s intention to take the environmental impacts of requested import tolerances into account; calls for all EU trade agreements to include enforceable clauses on commitment to the Paris Agreement, “non-regression” on environment and environmental democracy, and ‘do no harm’ principles, with a real enforcement mechanism accessible to civil society and citizens in the Trade and sustainable development chapter; recommends that agricultural and food imports, especially feed imports, having negative land use and land use change causing GHG emissions such as legal or illegal deforestation where they are produced are included in the Carbon Border Adjustment mechanism to account for their embedded GHG emissions; encourages the European Commission to integrate in its possible trade and climate initiative in the World Trade Organization (WTO)and other initiatives in preparation of the 12th WTO Ministerial Conference, a reform of the goods classification system in a way that it can distinguish products according to the emissions that are released in their production;
Amendment 2243 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 a (new)
Paragraph 26 a (new)
26a. Underlines that approximately 80% of global deforestation is caused by the expansion of land used for agriculture1a; stresses in this context that the Commission Communication on Stepping up EU Action to Protect and Restore the World’s Forests of July 2019 recognises that Union demand for products such as palm oil, meat, soy, cocoa, maize, timber, rubber, including in the form of processed products or services, is a large driver of deforestation, forest degradation, ecosystem destruction and associated human rights violations across the globe and represents around 10 % of the global share of deforestation embodied in total final consumption1b; in addition notes that EU consumption of other commodities, such as cotton, coffee, sugar cane, rapeseed and mangrove- farmed shrimps also contributes to global deforestation; _________________ 1aFAO. 2016. State of the World’s Forests 2016. Forests and agriculture: land-use challenges and opportunities. Rome. http://www.fao.org/3/a-i5588e.pdf 1bEuropean Commission, 2013. The impact of EU consumption on deforestation: Comprehensive analysis of the impact of EU consumption on deforestation. Final report. Study funded by the European Commission and undertaken by VITO, the International Institute for Applied Systems Analysis, HIVA-Onderzoeksinstituut voor Arbeid en Samenleving and International Union for the Conservation of Nature NL.
Amendment 2284 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 c (new)
Paragraph 26 c (new)
26c. Recommends, in the context of the ‘do no harm’ principle as highlighted in the communication on the European Green Deal, that the Commission better and regularly assess the impact of existing trade and investment agreements on deforestation, forest and ecosystem degradation, land grabbing and human rights and ensure that more ambitious binding and enforceable provisions on forest and ecosystem protection, biodiversity, on ending land grabbing and sustainable forestry are included in the trade and sustainable development chapters of all free trade and investment agreements;
Amendment 2288 #
2020/2260(INI)
Motion for a resolution
Paragraph 26 d (new)
Paragraph 26 d (new)
26d. Notes with concern that despite being banned in the EU, European companies continue to produce and sell pesticides to third countries with lower human health and environmental protection laws; calls on the Commission to halt the production and export of banned pesticides to third countries, some of which can be detected in food sold back to the EU market and to ensure that imported and exported chemicals and products containing thereof abide by the same standards as those governing chemicals and products produced and used in the Union in order to ensure a level playing field between EU and non- EU manufacturers;
Amendment 141 #
2020/2085(INI)
Draft opinion
Paragraph 3 a (new)
Paragraph 3 a (new)
3a. Considers that the systematic non- compliance with the European Court of Justice ruling requiring that EU animal welfare rules must apply throughout the transport of live animals also outside the EU, demonstrates that the current system is not apt for purpose; calls therefore on the Commission and the Member States to establish a ban on the transport of animals to third countries;
Amendment 1035 #
2020/0353(COD)
Proposal for a regulation
Article 50 – paragraph 1
Article 50 – paragraph 1
Amendment 1041 #
2020/0353(COD)
Proposal for a regulation
Article 51 – paragraph 1
Article 51 – paragraph 1
1. End users shall discard waste batteries separately from other waste streams, including from mixed municipal waste, provided that take-back measures are in place at a reasonable distance and within reach.
Amendment 87 #
2020/0320(COD)
Proposal for a regulation
Recital 6
Recital 6
(6) In this respect, the Centre should be tasked with providing epidemiological information and its analysis, epidemiological modelling, anticipation and forecasting, relevant risk assessments and recommendations, which set out options for prevention and control of communicable diseases. Its actions should be consistent with a One-Health approach, recognising the interconnections between human and animal health and the environment. It should monitor the capacity of the national health systems to respond to communicable disease threats and other cross-border threats to health, in particular given the importance of this information in the preparation of the national preparedness and response plans. The Centre should support the implementation of actions funded by the relevant Union funding programmes and instruments and related to communicable diseases, provide guidelines for surveillance, monitoring, screening, diagnosis, treatment and case management based on a thorough assessment of the latest evidence, support epidemic and outbreak responses in Member States and third countries, including field response, and provide timely objective, reliable and easily accessible information on communicable diseases to the public. The Centre should also establish clear procedures for cooperation with the public health actors in third countries, as well as international organisations competent in the field of public health hence contributing to EU’s commitment to reinforcing partners’ preparedness and response capacity.
Amendment 102 #
2020/0320(COD)
Proposal for a regulation
Recital 8
Recital 8
(8) To enhance preparedness and response planning activities in the Union, the Centre’s operation of dedicated networks and networking activities should be broadened to reflect the scope of Regulation (EU) …/…. [OJ: please, insert reference to Regulation SCBTH [ISC/2020/12524]]. To this end, the Centre should coordinate and provide technical and scientific expertise to the Commission and, Member States and the Health Security Committee through dedicated networks with competent coordinating bodies, including newly established networks for laboratories and for supporting transfusion, transplantation and medically assisted reproduction,.
Amendment 120 #
2020/0320(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) To strengthen the capacity of the Union and Member States to assess the epidemiological situation and perform timely and accurate risk assessment and response, the Centre should in particular monitor and report on trends in communicable diseases, support and facilitate evidence-based response action, provide recommendations for improvement of communicable disease prevention and control programmes established at the national and Union level, monitor and assess the capacity of national health systems for diagnosis, prevention and treatment of communicable diseases, including in a gender-sensitive way, identify population groups at risk requiring specific measures, analyse the correlation of disease incidence with societal and environmental factors, and identify risk factors for transmission and disease severity of communicable diseases, and identify research needs and priorities. The Centre should work with nominated national focal points for surveillance, forming a network that strategically advises the Centre on such matters and would promote the use of enabling sectors, such as EU space data and services.
Amendment 136 #
2020/0320(COD)
Proposal for a regulation
Recital 13
Recital 13
(13) With the aim of reducing the occurrence of epidemics and strengthening capacities to prevent communicable diseases in the Union, the Centre should develop a framework for the prevention of communicable diseases, which addresses such issues as vaccine preventable diseases, antimicrobial resistance, health education, health literacy and behaviour change. This framework should be aligned with the best evidence available and WHO guidelines, when available.
Amendment 144 #
2020/0320(COD)
Proposal for a regulation
Recital 14
Recital 14
(14) The Centre should enhance preparedness and response capabilities at national and Union level by providing scientific and technical expertise to the Member States and the Commission. In this context the Centre, in close collaboration with the Member States and the Commission, should carry out various actions, including the development of Union andpreparedness and response plans and support the development of national preparedness and response plans and preparedness monitoring and evaluation frameworks, provide recommendations on capacities to prevent, prepare and respond to disease outbreaks and on the strengthening of national health systems. The Centre should broaden its collection and analysis of data in terms of epidemiological surveillance and related special health issues, progression of epidemic situations, unusual epidemic phenomena or new diseases of unknown origin, including in third countries, molecular pathogen data and health systems data. To this end, the Centre should ensure appropriate datasets as well as the procedures to facilitate consultation and data transmission and access, carry out scientific and technical evaluation of prevention and control measures at Union level and work with agencies, competent bodies and organisations operating in the field of data collection.
Amendment 189 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 1 – subparagraph 1
Article 3 – paragraph 1 – subparagraph 1
In order to enhance the capacity of the Union and the Member States to protect human health through the prevention and control of communicable diseases in humans and those related special health issues set out in Article 2 of Regulation (EU) …/… [OJ: Please insert the number of Regulation SCBTH [ISC/2020/12524]], the mission of the Centre shall be to identify, assess and report on current and emerging threats to human health from communicable diseases and other cross- border threats to health, and provide recommendations for response at Union and national levels, as well as at regional level, if necessary.
Amendment 224 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point g
Article 3 – paragraph 2 – point g
(g) provide, upon request of the Commission or the HSC, or its own initiative, guidelines for surveillance, monitoring, screening, diagnosis, treatment and case management of communicable diseases and other special health issues relevant for public health, in cooperation with relevant societies;
Amendment 232 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
Regulation (EC) No 851/2004
Article 3 – paragraph 2 – point j
Article 3 – paragraph 2 – point j
(j) provide, upon request of the Commission or the Health Security Committee (‘HSC’), or on its own initiative, evidence-based communication messages to the public on communicable diseases, on the threats to health posed by them and on the relevant prevention and control measures.
Amendment 257 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
Regulation (EC) No 851/2004
Article 4 – paragraph 1 – point c a (new)
Article 4 – paragraph 1 – point c a (new)
(ca) promote the automatisation of the data communication process between the national and the Union surveillance systems;
Amendment 273 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 2 – subparagraph 2 – point a
Article 5 – paragraph 2 – subparagraph 2 – point a
(a) ensure the further development of the digital platforms and applications supporting epidemiological surveillance at Union level, supporting Member States with technical and scientific advice to establish integrated surveillance systems enabling real-time surveillance where appropriate, benefiting from existing EU space infrastructures and services, with the aim to simplify the data exchange process and reduce the administrative burden at Union and Member State levels;
Amendment 312 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 4 – point f
Article 5 – paragraph 4 – point f
(f) contribute to the assessment of the burden of communicable diseases on the population using data, such as disease prevalence, complications, hospitalisation, morbidity and mortality, and ensure that this data is disaggregated on age, gender and disability;
Amendment 322 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Regulation (EC) No 851/2004
Article 5 – paragraph 5 –- subparagraph 3 a (new)
Article 5 – paragraph 5 –- subparagraph 3 a (new)
National focal points shall, to the greatest extent possible, be the same as the National IHR Focal Points, to minimise the duplication of resources and efforts.
Amendment 334 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 851/2004
Article 5a – paragraph 1
Article 5a – paragraph 1
1. The Centre shall support Member States to strengthen their communicable disease prevention and control systems, improving and facilitating the data collection process with real-time and interoperability sharing of data, as well as capacitating TESSy and other platforms to better address the monitoring and surveillance needs.
Amendment 352 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Regulation (EC) No 851/2004
Article 5a – paragraph 3 a (new)
Article 5a – paragraph 3 a (new)
3a. The Centre shall develop a platform to monitor the vaccination coverage by Member States, taking into account Member States and regional specificities of the vaccination schemes.
Amendment 367 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 851/2004
Article 5b – paragraph 1 – subparagraph 2 – point h
Article 5b – paragraph 1 – subparagraph 2 – point h
(h) support the Member States to develop targeted activities addressing at- risk groups and community preparedness;
Amendment 378 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Regulation (EC) No 851/2004
Article 5b – paragraph 1 – subparagraph 2 – point j
Article 5b – paragraph 1 – subparagraph 2 – point j
(j) bolster modelling, anticipation and forecast capacity of the Centre; and of the Member States; and
Amendment 380 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point a
Article 1 – paragraph 1 – point 7 – point a
Regulation (EC) No 851/2004
Article 6 – paragraph 1a
Article 6 – paragraph 1a
1a. The Centre shall provide concrete analyses and recommendations for actions to prevent and control communicable disease threatss and other cross-border threats to health upon request of the Commission.;
Amendment 388 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 7 – point b
Article 1 – paragraph 1 – point 7 – point b
Regulation (EC) No 851/2004
Article 6 – paragraph 3 – subparagraph 2
Article 6 – paragraph 3 – subparagraph 2
To carry out the studies referred to in the first paragraph, the Centre shall have access to health data made available or exchanged through digital infrastructures and applications, in accordance with data protection rules at Union and Member States level, allowing for the health data to be used for healthcare, research, policy making and regulatory purposes. For the purposes of studies under the first paragraph, the Centre shall also make use of other relevant data, for example on environmental and socio-economic factors.;
Amendment 394 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 8
Article 1 – paragraph 1 – point 8
Regulation (EC) No 851/2004
Article 7 – paragraph 1– point c a (new)
Article 7 – paragraph 1– point c a (new)
(ca) at the request of the Health Security Committee
Amendment 405 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 851/2004
Article 8 – paragraph 2 – point c
Article 8 – paragraph 2 – point c
(c) ensure that the EWRS is efficiently and effectively linked with other Union alert systemnd international alert systems and databases.
Amendment 410 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 9
Article 1 – paragraph 1 – point 9
Regulation (EC) No 851/2004
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The Centre shall work with the Commission and the HSC on the EWRS continuous updates, including for the use of modern technologies, such as digital mobile applications, artificial intelligence models, or other technologies for automated contact tracing, building upon the contact tracing technologies developed by the Member States and on defining the functional requirements of the EWRS.
Amendment 422 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 10
Article 1 – paragraph 1 – point 10
Regulation (EC) No 851/2004
Article 8a – paragraph 4 a (new)
Article 8a – paragraph 4 a (new)
4a. The Centre shall work together with the Member States to improve the risk assessment capacity of the Member States and shall provide training in this area if necessary.
Amendment 425 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 11
Article 1 – paragraph 1 – point 11
Regulation (EC) No 851/2004
Article 8b – paragraph 1 – point a a (new)
Article 8b – paragraph 1 – point a a (new)
(aa) Union responses to the serious cross-border threat to health
Amendment 429 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 12 – point c
Article 1 – paragraph 1 – point 12 – point c
Regulation (EC) No 851/2004
Article 9 – paragraph 6
Article 9 – paragraph 6
6. The Centre shall, as appropriate, support and coordinate training programmes, in particular in epidemiological surveillance, field investigations, preparedness and prevention, and public health research. and risk communication. Those programmes shall take into consideration the need for updating training and shall respect the principle of proportionality and the training needs of Member States;
Amendment 439 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 13 – point b
Article 1 – paragraph 1 – point 13 – point b
Regulation (EC) No 851/2004
Article 11 – paragraph 1a – point e a (new)
Article 11 – paragraph 1a – point e a (new)
(ea) implementation of the Centre’s recommendations on countermeasures by Member States and the outcomes thereof.
Amendment 465 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EC) No 851/2004
Article 12 – paragraph 1 – subparagraph 1
Article 12 – paragraph 1 – subparagraph 1
The Centre shall communicate on its own initiative within the scope of its mission, after having given prior information to the Member States and, to the Commission and to the Health Security Committee.
Amendment 468 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point a
Article 1 – paragraph 1 – point 15 – point a
Regulation (EC) No 851/2004
Article 12 – paragraph 1 – subparagraph 2
Article 12 – paragraph 1 – subparagraph 2
The Centre shall ensure that the public or any interested party is rapidly given objective, reliable, evidence-based and easily accessible information with regard to the results of its work. The Centre shall make available information for the general public, including through a dedicated website It shall also publish its opinions produced in accordance with Article 6.; the information communications shall be aligned with the HSC communications.
Amendment 472 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 15 – point b
Article 1 – paragraph 1 – point 15 – point b
Regulation (EC) No 851/2004
Article 12 – paragraph 2
Article 12 – paragraph 2
Amendment 486 #
2020/0320(COD)
Proposal for a regulation
Article 1 – paragraph 1 – point 21
Article 1 – paragraph 1 – point 21
Regulation (EC) No 851/2004
Article 21 – paragraph 5 a (new)
Article 21 – paragraph 5 a (new)
5a. The Centre shall ensure the confidentiality of health data under the data protection legislation of Member States and the Union.
Amendment 96 #
2020/0300(COD)
Proposal for a decision
Recital 4
Recital 4
(4) According to the EEA report ‘The European environment – state and outlook 2020, Knowledge for transition to a sustainable Europe’ (‘SOER 2020’), 2020 represents a unique window of opportunity for the Union to show leadership on sustainability and to face the urgent sustainability challenges requiring systemic solutions. As stated in SOER 2020, the changes in the global climate and ecosystems observed since the 1950s are unprecedented over decades to millennia. The global population has tripled since 1950, while the population living in cities has quadrupled. With the current growth model, environmental pressures are expected to increase further, causing direct and indirect harmful effects on human health and well-being. This is especially true for the sectors with the highest environmental impact – food, mobility, energy, industry as well as infrastructure and buildings.
Amendment 97 #
2020/0300(COD)
Proposal for a decision
Recital 4 a (new)
Recital 4 a (new)
(4a) The current COVID-19 pandemic, which has led to an unprecedented historical, economical and health crisis, has demonstrated again the importance of applying a 'One Health' approach in policy-making, which recognises that human health is connected to animal health and to the environment, and that actions to tackle threats to health must take into account these dimensions. To effectively detect, respond to, and prevent outbreaks of zoonoses and food safety problems, information and data should be shared across sectors, and cooperation at national and sub-national levels should be increased to implement effective and common responses to health treatments. The 8th EAP should fully reflect and promote the use of this approach in the Union and Member State policies.
Amendment 104 #
2020/0300(COD)
Proposal for a decision
Recital 5
Recital 5
(5) The European Commission responded to the challenges identified in the SOER 2020 by adopting the European Green Deal25 : a new growth strategy for the twin green and digital transition that aims to transform the Union into a fair and prosperous society, with a competitive, climate-neutral and resource-efficient economy through a just and inclusive transition. It also aims to protect, conserve and enhance the Union's natural capital, and protect the health and wellbeing of citizens from environment- related risks and impacts. Regulation (EU) of the European Parliament and of the Council26 enshrines into law the Union target to achieve climate neutrality by 2050. at the latest. __________________ 25 COM(2019) 640 final. 26 COM(2020) 80 final.
Amendment 126 #
2020/0300(COD)
Proposal for a decision
Recital 7
Recital 7
(7) Environment action programmes have guided the development of EU environment policy since the early 1970s. The 7th EAP will expired on 31 December 2020 and its Article 4 (3) requires the Commission, if appropriate, to present a proposal for an Eighth Environment Action Programme (8th EAP) in a timely manner with a view to avoiding a gap between the 7th and the 8th EAP. The European Green Deal announced the adoption of a new environment action programme.
Amendment 128 #
2020/0300(COD)
Proposal for a decision
Recital 7 a (new)
Recital 7 a (new)
(7a) The 8th EAP should reinforce the commitment from the 7th EAP that aimed at phasing out environmentally harmful subsidies. Furthermore, the European Parliament has already called for a rapid phase-out of direct and indirect fossil fuels by 2020 in the Union and in each Member State. In order for the Union to be on track to achieve climate neutrality by 2050 at the latest and to reach its climate goals for 2030, the Union and its Member States should, as early as possible and by 2025 at the latest, have phased out all direct and indirect environmentally harmful subsidies, including fossil fuel subsidies.
Amendment 134 #
2020/0300(COD)
Proposal for a decision
Recital 8
Recital 8
(8) The 8th EAP should support and promote the environment and climate action objectives of the European Green Deal in line with the long-term objective to “live well, within the planetary boundaries” by 2050, which at the latest, in line with what is already established in the 7th EAP. It should contribute to achieving the United Nations’ 2030 Agenda and its Sustainable Development Goals. be fully aligned with and contribute to achieving sustainable wellbeing, the United Nations’ 2030 Agenda and its Sustainable Development Goals. It should also ensure that the environmental and climate transition is achieved in a just and inclusive manner while contributing to reducing inequalities.
Amendment 143 #
2020/0300(COD)
Proposal for a decision
Recital 8 a (new)
Recital 8 a (new)
(8a) The thematic priority objectives of the 8th EAP should set a direction for Union policymaking, as well as greater accountability during the monitoring and evaluation. The 8th EAP thematic priority objectives should build on - but not be limited to - the commitments of the European Green Deal and its strategies. The 8th EAP should ensure that the commitment made in the European Green Deal for all Union initiatives to live up to a green oath to 'do no harm' is effectively integrated into all Union activities and initiatives.
Amendment 155 #
2020/0300(COD)
Proposal for a decision
Recital 9
Recital 9
(9) The 8th EAP should accelerate the transition to a regenerative economyand sustainable wellbeing model that gives back to the planet more than it takes. A regenerative growthThis model recognises that the wellbeing and prosperity of our societies depend on a stable climate, a healthy environment and thriving ecosystems, which provide a safe operating space for our economies. As the global population and the demand for natural resources continues to grow, economic activity should develop in a way that does no harm but, on the contrary, reverses climate change and environmental degradation, minimises pollu, protects and restores ecosystems and biodiversity, eliminates pollution, prevents environmental degradation and results in maintaining and enriching natural capital, therefore ensuring the abundance of renewable and non-renewable resources. Through continuous innovation, adaptation to new challenges and co-creation, thea regenerative and sustainable wellbeing economy strengthens resilience and protectensures present and future generations’ wellbeing.
Amendment 173 #
2020/0300(COD)
Proposal for a decision
Recital 10
Recital 10
(10) The 8th EAP should set out thematic priority objectives in areas of climate neutrality, adaption to climate change, protecting and restoring biodiversity, non- toxic circular economy, the zero pollution ambienvironment, industrial transformation, and reducminimising environmental pressures from production and consumption. It should furthermore identify the enabling conditions to achieve the long-term and the thematic priority objectives for all actors involved.
Amendment 192 #
2020/0300(COD)
Proposal for a decision
Recital 11
Recital 11
(11) Environment policy being highly decentralised, action to achieve the priority objectives of the 8th EAP should be taken at different levels of governance, i.e. at the European, the national, the regional and the local level, with a collaborative approach to multi-level governance. The integrated approach to policy development and implementation should be strengthened with a view to maximising the synergies between economic, environmental and social objectives, while paying careful attention toevaluating potential trade-offs and to the needs of vulnerable groups and assessing costs of non-action. Moreover, transparent and continuous engagement with non- governmental actors and the public is important for ensuring the success of the 8th EAP and the achievement of its priority objectives.
Amendment 201 #
2020/0300(COD)
Proposal for a decision
Recital 12
Recital 12
(12) Enhanced cooperation with partner countries, sustainable trade agreements, good global environmental governance, including environmental democracy, as well as synergies between internal and external Union policies in line with European green diplomacy should be at the centre of Union's external action as these are key to reach the Union’s environmental and climate objectives and to support global action.
Amendment 210 #
2020/0300(COD)
Proposal for a decision
Recital 13
Recital 13
(13) The European Commission should assess the progress in achieving the priority objectives of the 8th EAP by the Union and the Member States in the context of the transition towards greater sustainability, wellbeing and resilience. This is in line with calls of the Council27 and the European Economic and Social Committee28 for measuring economic performance and societal progress “beyond GDP”, and moving towards using well- being as a compass for policy, which is also supported by the OECD29 . __________________ 27See e.g. https://data.consilium.europa.eu/doc/docu ment/ST-10414-2019-INIT/en/pdf 28https://www.eesc.europa.eu/en/our- work/opinions-information- reports/opinions/reflection-paper-towards- sustainable-europe-2030. 29See e.g. the OECD Well-being Framework, the OECD Framework for Policy Action on Inclusive Growth, the Better Life Initiative and the New Approaches to Economic Challenges Initiative.
Amendment 216 #
2020/0300(COD)
Proposal for a decision
Recital 14
Recital 14
(14) The assessment of progress towards the priority objectives of the 8th EAP should reflect the latest developments as regards the availability and relevance of data and indicators. It should be coherent with and without prejudice to monitoring or governance tools covering more specific aspects of environment and climate policy, such as in particular Regulation 1999/2018 of the European Parliament and of the Council30 , the Environmental Implementation Review or monitoring tools relating to circular economy, zero pollution, biodiversity, air, water, soil, waste, or any other environment policies and those relating to industrial policies. Together with other tools used in the European Semester, the Eurostat SDG Monitoring and in the Commission’s Strategic Foresight Report31, it would be part of a broader and coherent interconnected set of monitoring and governance tools, covering also social and economic factors. __________________ 30Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, OJ L 328, 21.12.2018, p. 1–77. 31 COM/2020/493 final.
Amendment 221 #
2020/0300(COD)
Proposal for a decision
Recital 14 a (new)
Recital 14 a (new)
(14a) The 8th EAP should be strengthened with tools to ensure a better implementation of Union environmental law. This is crucial in view of the high numbers of infringements and other indications of non-compliance with environmental rules.
Amendment 233 #
2020/0300(COD)
Proposal for a decision
Recital 18
Recital 18
(18) In order to take account of evolving policy objectives and the progress made, the 8th EAP should be evaluated by the Commission in 20294 following which all necessary actions should be undertaken to ensure the fulfilment of the objectives of the 8th EAP. A final evaluation of the 8th EAP should be conducted in 2029 at the latest and early enough for it to feed into the formulation of the 9th EAP. The Commission should present a legislative proposal for the 9th EAP in a timely manner in view of its entry into force on 1 January 2031.
Amendment 249 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This decisions sets out a general action programme in the field of the environment for the period up to 31 December 2030 (‘8th EAP’). It lays down its priority objectives, identifies enabling conditions for their achievement and sets a framework to measure whether, and ensure that, the Union and its Member States are on track to meet those priority objectives.
Amendment 259 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The 8th EAP aims at accelerating the transition to a climate-neutral, resource-efficient, clean and circular economy in a just and inclusive way, and endorsessustainable, renewable- energy based and non-toxic circular economy in a just and inclusive way, as well as protecting and restoring biodiversity and ecosystems, and achieving a zero-pollution environment for air, water and soil, and endorses and promotes the achievement of the environmental and climate objectives of the European Green Deal and its initiatives.
Amendment 267 #
2020/0300(COD)
Proposal for a decision
Article 1 – paragraph 3
Article 1 – paragraph 3
3. The 8th EAP forms the basis for achieving systemic change, the environmental and climate objectives defined under the United Nations 2030 Agenda and its Sustainable Development Goals and its monitoring framework constitutes the environment and climate part of the EU’s efforts to measure progress towards greater sustainability, including climate neutrality and resource efficiency, wellbeing and resilienceshall measure and evaluate progress towards the priority objectives and the Sustainable Development Goals.
Amendment 280 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 1
Article 2 – paragraph 1
1. The 8th EAP shasll have the long- term priority objective for 2050 that citizens live wellthat as soon as possible and by 2050 at the latest citizens live well in an equal society, within the planetary boundaries in a regenerative, sustainable wellbeing economy where nothing is wasted, no net emissions of greenhouse gases are producclimate neutrality is achieved, and economic growth is decoupled from resource use and environmental degradation in a non-toxic fully circular economy. A healthy environment underpins the well-being and the health of citizens, biodiversity thrives and natural capital is protected, restored and valued in ways that enhanceand resilience to climate change and other environmental risks is enhanced. The Union sets the pace for ensuring the prosperity of present and future generations globally.
Amendment 297 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point a
Article 2 – paragraph 2 – point a
(a) irreversible and gradualcontinuous reduction of greenhouse gas emissions and enhancement of removals by natural and othto attain the 2030 greenhouse gas emission reduction target laid down in Regulation (EU) …/… [European Climate Law], and irrever sinks in the Union to attain the 2030 greenhouse gas emission reduction target andble and continuous reduction of greenhouse gas emissions and enhancement of removals by natural and other sinks in the Union to achieve climate neutrality by 2050 at the latest as laid down in Regulation (EU) …/…32 ; __________________ 32 COM/2020/80 final.
Amendment 313 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point b
Article 2 – paragraph 2 – point b
(b) continuous progress in enhancing adaptive capacity on the basis of nature- based solutions, strengthening resilience and reducing vulnerability to climate change;
Amendment 320 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point c
Article 2 – paragraph 2 – point c
(c) advancing towards a regenerative growthand sustainable wellbeing model that gives back to the planet more than it takes, decoupling economic growth from resource use and environmental degradation, and acceleratensuring the transition to a non-toxic circular economy;
Amendment 325 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point d
Article 2 – paragraph 2 – point d
(d) pursuing a zero-pollution ambition for a non- toxic free-environment, including for air, water and soil, soil, as well as in relation to light and noise pollution, and protecting the health and well-being of citizens from environment-related risks and impacts;
Amendment 331 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point e
Article 2 – paragraph 2 – point e
(e) protecting, preserving and restoring biodiversity and enhancing natural capitalcosystems inside and outside protected areas, notably air, water, soil, and forest, freshwater, wetland and marine ecosystems, in line with the EU Biodiversity Strategy for 2030;
Amendment 346 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point f
Article 2 – paragraph 2 – point f
(f) promoting environmental sustainability and reducing key environmental and climate pressures related to production and consumption, in particular in the areas of energy, industrial development, buildings and infrastructure, mobility and the food system, food system and international trade including through binding Union targets for significantly reducing the Union's material and consumption footprints.
Amendment 357 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 – point f a (new)
Article 2 – paragraph 2 – point f a (new)
(fa) achieving the international commitments undertaken in the area of climate and environment, including the Sustainable Development Goals;
Amendment 358 #
2020/0300(COD)
Proposal for a decision
Article 2 – paragraph 2 a (new)
Article 2 – paragraph 2 a (new)
2a. The thematic priority objectives laid down in paragraph 2 shall cover the objectives, targets and actions set out in the strategies and initiatives of the European Green Deal as well as the targets in Union legislation that contribute to the achievement of these objectives. These include inter alia, the Union's 2030 Climate and Energy Framework, the Circular Economy Action Plan, the EU Biodiversity Strategy to 2030, the Farm to Fork Strategy, the Fisheries and Marine Ecosystems Action Plan, the EU Arctic Strategy, the EU Forest Strategy, the Zero Pollution Action Plan, the EU Chemicals Strategy and the EU Industrial Strategy.
Amendment 370 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point a
Article 3 – paragraph 1 – point a
(a) ensuring effective and efficient implementation of Union legislation on environment and climate through the allocation of adequate resources and swift action against infringements, and striving for excellence in environmental performance at Union, national, regional and local levels including through providing appropriate administrative and compliance assurance capacity, as laid out in the regular Environmental Implementation Review, as well as stepping up action against environmental crime,
Amendment 383 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1
Article 3 – paragraph 1 – point b – indent 1
– mainstreaming the priority objectives set out in Article 2 in all relevant strategies, legislative and non- legislative initiatives, programmes, investments and projects at Union, national, regional and local levels so that they and their implementation contribute to and do no harm to any of the priority objectives set out in Article 2, in line with Regulation (EU) 2020/852 of the European Parliament and of the Council;
Amendment 393 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 1 c (new)
Article 3 – paragraph 1 – point b – indent 1 c (new)
– promoting communication and dialogue at Union, national, regional and local level, aimed at raising awareness, especially among young people, about the importance and benefits of protecting and restoring the environment, and at including all relevant stakeholders in the implementation efforts;
Amendment 395 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 3
Article 3 – paragraph 1 – point b – indent 3
– paying careful attention to evaluating the synergies and potential trade-offs between economic, environmental and social objectives so as to ensure that citizens’ needs for nutrition, housingwellbeing, and in particular their rights and needs for a healthy environment, healthy nutrition, affordable, quality housing, healthcare and mobility, are met in a sustainable way that leaves no- one behind;
Amendment 407 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4
Article 3 – paragraph 1 – point b – indent 4
– regularly evaluating existing policies and preparing impact assessments for new initiatives, which are based on wide and transparent consultations following procedures that are accountable, inclusive, informed and simple to implement, and which pay due regard tofully assess the projected impacts on environment and climate, and in developing climate or environmental policies fully consider the costs of non-action;
Amendment 416 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point b – indent 4 b (new)
Article 3 – paragraph 1 – point b – indent 4 b (new)
– developing practices and carrying out activities that support local and regional authorities in meeting environmental and climate objectives;
Amendment 424 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c
Article 3 – paragraph 1 – point c
(c) effectively integrating environthe Sustainable Development Goals and climateenvironmental, climate and social sustainability in the European Semester of economic governance, including in the National Reform Programmes and National Recovery and Resilience plans;
Amendment 429 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point c a (new)
Article 3 – paragraph 1 – point c a (new)
(ca) effectively integrating the Sustainable Development Goals in all Union and national legislative and non- legislative action;
Amendment 443 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e
Article 3 – paragraph 1 – point e
(e) phasing out environmentally harmful subsidies, including fossil fuel subsidies, without delay and at the latest by 2025 at Union and, national level,and local level on the basis of a list to be prepared by the Commission by 2022, and making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices;
Amendment 452 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e a (new)
Article 3 – paragraph 1 – point e a (new)
(ea) ensuring effective climate and biodiversity mainstreaming and proofing of Union and national budgets;
Amendment 455 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point e b (new)
Article 3 – paragraph 1 – point e b (new)
(eb) taking all action required to ensure a socially fair and inclusive transition, delivering on the European Pillar of Social Rights and effectively addressing and reducing social as well as climate and environmental inequalities;
Amendment 457 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f
Article 3 – paragraph 1 – point f
(f) ensuring that environmental policies and action at the Union, national, regional and local levels are based on the best available scientific knowledge and strengthening the environmental knowledge base and its uptake, including by research, and innovation, fostering green skillsupporting retraining and fostering green skills in cooperation with social partners, and further building up environmental and ecosystem accounting;
Amendment 466 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point f a (new)
Article 3 – paragraph 1 – point f a (new)
(fa) ensuring the full participation of, and cooperation with, local and regional authorities across all dimensions of environmental policy-making through a collaborative and multi-level approach;
Amendment 492 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point g
Article 3 – paragraph 1 – point g
(g) harnessing the potential of digital and data technologies to support environment policy while minimising their environmental footprint, and ensuring public accessibility and transparency of the data;
Amendment 527 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 3
Article 3 – paragraph 1 – point k – indent 3
– demonstrating climate and environmental leadership in international fora, strengthening the implementation of the Paris Agreement, the Convention on Biological Diversity and other multilateral environmental agreements by the Union and its partners, including by increasing transparency and accountability as regards progress on the commitments made under those agreements;
Amendment 533 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 1 – point k – indent 5
Article 3 – paragraph 1 – point k – indent 5
– ensuring that the Union and the Member States’ financial assistance to third countries promotes and is in line with the objectives of the European Green Deal and the UN 2030 Agenda.
Amendment 547 #
2020/0300(COD)
Proposal for a decision
Article 3 – paragraph 2
Article 3 – paragraph 2
2. RIn reaching the 8th EAP’s priority objectives will require mobilising broad support bybroad support is required. The Commission and Member States shall raise awareness and involvinge citizens, social partners and other stakeholders, foster dialogue and encouraginge cooperation in the development and implementation of strategies, policies or legislation related to the 8th EAP, including amongst national, regional and local authorities, in urban and rural areas.
Amendment 555 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1
Article 4 – paragraph 1
1. The Commission, supported by the European Environment Agency and the European Chemicals Agency, shall assess and report on the progress of the Union and the Member States with regard to achieving systemic change, the priority objectives laid down in Article 2 on a regularyearly basis, taking into consideration the enabling conditions laid down in Article 3. The Commission shall ensure that this information is publicly available and easily accessible ensuring effective monitoring of progress made.
Amendment 564 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 1 a (new)
Article 4 – paragraph 1 a (new)
1a. By 31 March 2024, the Commission shall carry out a mid-term evaluation of the progress achieved towards achieving systemic change, the thematic priority objectives set out in Article 2, including the targets under the European Green Deal, based on the assessments referred to in Article 4(1) as well as on the outcome of a public consultation, and taking into consideration the enabling conditions laid down in Article 3, and submit a report to the European Parliament and to the Council. On the basis of the mid-term evaluation, the incoming Commission shall present a list and timelines of necessary legislative and non-legislative actions within the first 100 days of the Commission to ensure that progress at the Union and Member State levels is sufficient to attain the priority objectives by 2030 at the latest and the long-term objective of 2050 at the latest.
Amendment 586 #
2020/0300(COD)
Proposal for a decision
Article 4 – paragraph 3 – point e
Article 4 – paragraph 3 – point e
(e) further improving availability and interoperability of data and access to data through Union programmes;
Amendment 597 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph -1 (new)
Article 5 – paragraph -1 (new)
-1. The Commission shall create a single coherent and overarching monitoring framework. To this end, the Commission shall produce a report by 2022 in which it identifies the interlinkages between the various social, economic and environmental progress and monitoring frameworks that are in use at the EU level and develop headline indicators to use to guide EU policy making, and communicate progress towards citizens.
Amendment 606 #
2020/0300(COD)
Proposal for a decision
Article 5 – paragraph 1
Article 5 – paragraph 1
By 31 March 2029, the Commission shall carry out an evaluation of the 8th EAP. The Commission shall submit a report to the European Parliament and to the Council containing the main findings of that evaluation, accompanied, if the Commission deems appropriate, by a legislative proposal for the next environmental action programme in sufficient time for the 9th EAP to be in place by 1 January 2031 with a view to avoid a gap between the 8th and the 9th EAP.
Amendment 174 #
2020/0036(COD)
Proposal for a regulation
Recital 10
Recital 10
(10) The Union is a global leader in the transition towards climate neutrality, and is determined to help raise global ambition and to strengthen the global response to climate change, using all tools at its disposal, including trade and investment policy and climate diplomacy.
Amendment 568 #
2020/0036(COD)
Proposal for a regulation
Article 3 – paragraph 2 a (new)
Article 3 – paragraph 2 a (new)
2a. In any year from 2031 to 2049 the Union’s total emissions shall not exceed the limit defined by a linear trajectory between the Union’s target for 2030 and the goal of climate neutrality for 2050.
Amendment 1 #
2019/2816(RSP)
Citation 1 a (new)
- having regard to Article 191 (2) of the Treaty on the Functioning of the European Union, on the polluter pays principle, the precautionary principle and control at source principle,
Amendment 16 #
2019/2816(RSP)
Citation 12 a (new)
- having regard to the Commission Communication of the 11 December 2019 entitled “European Green Deal” (COM(2019)640),
Amendment 22 #
2019/2816(RSP)
Citation 12 b (new)
- having regard to its resolution of 15 January 2020 on the European Green Deal (2019/2956(RSP)),
Amendment 24 #
2019/2816(RSP)
Citation 21 a (new)
- having regard to the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) Regulation (EC) No 1907/2006,
Amendment 30 #
2019/2816(RSP)
Citation 23 a (new)
- having regard to the OECD study of November 2019 Pharmaceutical Residues in Freshwater - Hazards and Policy Responses,
Amendment 62 #
2019/2816(RSP)
Recital G
G. whereas there is sufficient evidence that action should be taken to reduce the risk from pharmaceuticals in the environment, such as the impact on drinking water sources;
Amendment 67 #
2019/2816(RSP)
Recital L
Amendment 83 #
2019/2816(RSP)
Paragraph 5
5. Considers that a holistic approach is needed to tackle pharmaceutical pollution at source, taking into account the entire life cycle of drugs; notes with concern the role that pharmaceuticals play in contributing to antimicrobial resistance when released into the environment via the discharge of animal manure, water pollution or improper disposal; stresses that regulatory actions have to be taken in line with the precautionary principle and the control at source principle; highlights that the polluter pays principle should apply, primarily covering the manufacturing process, but also incentivising better prescription practices and consumer behaviour;
Amendment 97 #
2019/2816(RSP)
Paragraph 7
7. Recalls that studies have shown that pharmaceutical products are especially present in water bodies, and that they are ineffectively filtered by wastewater treatment plantswastewater treatment plants currently cannot effectively filter out all pharmaceutical products, due to the intrinsically different chemical properties of the relevant substance;
Amendment 104 #
2019/2816(RSP)
Paragraph 8
8. Notes that due to generally low concentrations, risks for human health are more related to possible cumulative effects of long-term low-dose exposure than to acute or immediate health effects; is particularly concerned by the endocrine disrupting properties of many pharmaceuticals ending up in the environment;
Amendment 115 #
2019/2816(RSP)
Paragraph 10
10. Asks for a special focus to be put on emission hot spots, such as hospitals and pharmaceutical production plants, in accordance with the control at source principle, and additional hot spots such as certain wastewater treatment plants;
Amendment 127 #
2019/2816(RSP)
Paragraph 11
11. Calls on the Commission to facilitate the exchange of existing best practices and to take clear legislative action on tackling pharmaceuticals in the environment, both as a result of the manufacturing process and of the use and disposal of pharmaceuticals;
Amendment 138 #
2019/2816(RSP)
Draft motion for a resolution
Paragraph 13
Paragraph 13
13. Calls on the Member States and on the Commission to promote awareness- raising campaigns and trainings among veterinaries and, physicians and pharmacists on the prudent use of pharmaceuticals, particularly of antimicrobialsuch as antimicrobials, antidepressants or contrast fluids; calls on actors in the pharmaceutical supply chain to contribute to providing to patients with sufficient information on how incorrectly disposed medicines may negatively impact the environment; calls for on-pack labelling in the form of an appropriate pictogramme to inform consumers how to properly dispose of unused medicines;
Amendment 162 #
2019/2816(RSP)
Paragraph 16
16. Considers that the environmental impacts of pharmaceuticals couldshall be included into the benefit-risk assessment of human medicines, as is already the case for veterinary medicines; Metabolites, degradation products and cocktail effects of pharmaceutical substances shall also be considered therein;
Amendment 179 #
2019/2816(RSP)
Paragraph 20
20. Points to the important role of procurement policy in promoting greener pharmaceuticals in design and manufacturing; calls on the Commission to develop clear guidance on this issue;
Amendment 181 #
2019/2816(RSP)
Paragraph 21 a (new)
21 a. Calls on the Commission to include compulsory environmental criteria in the Good Manufacturing Practice (GMP) framework to give EU inspectors the ability to control manufacturing discharges at overseas pharmaceutical factories supplying the EU market;
Amendment 212 #
2019/2816(RSP)
Paragraph 28 a (new)
28 a. Emphasises that the affordability of water has to be maintained and costly treatment plant upgrades should not be shifted to consumers; therefore takes the view that financing depollution via wastewater charges would only burden citizens and would not provide any incentive to reduce the input of pollutants during the manufacturing procedure;
Amendment 216 #
2019/2816(RSP)
Paragraph 29
29. Considers that pharmaceutical production plants should pre-treat their wastewater, applying Best Available Techniques;
Amendment 225 #
2019/2816(RSP)
Paragraph 30
30. Calls for full enforcement of the existingon Member States to set up and enforce provisions with regard to take- back schemes for unused medicines;
Amendment 240 #
2019/2816(RSP)
Paragraph 33 a (new)
33 a. Calls on the Commission to include pharmaceuticals that pose a significant risk to the environment in the list of priority substances under the Water Framework Directive and set environmental quality standards and concentration limits under the Environmental Quality Standards (EQS) Directive;
Amendment 247 #
2019/2816(RSP)
Paragraph 35
35. Emphasises the need to support further research, particularly under the next multi-annual financial framework, on the direct impact on human health and ecology of exposure to pharmaceuticals and their residues in the environment and on better understanding how pharmaceuticals enter and persist in the environment;
Amendment 253 #
2019/2816(RSP)
Paragraph 37
37. Recalls that pharmaceutical environmental information such as the impact on water, environmental behaviour, degradability and possible cocktail effects plays a key role for risk management and that this type of information should be transparent and made available to relevant stakeholders;