57 Amendments of Silvia MODIG related to 2021/0201(COD)
Amendment 81 #
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 will be implemented reflecting equity and the principle of common but differentiated responsibilities and respective capabilities, in the light of different national circumstances. In its 2018 Special Report on the impacts of global warming of 1,5°C above preindustrial 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 pureversue efforts to limit the temperature increase to 1,5 °C above pre-industrial levelsthe 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 87 #
Proposal for a regulation
Recital 1 a (new)
Recital 1 a (new)
(1a) According to the 2020 report on Biodiversity and Pandemics by the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES), the underlying causes of pandemics are the same global environmental changes that drive biodiversity loss and climate change, including land-use change, agricultural expansion and intensification and other drivers. Climate change has been implicated in disease emergence and will likely cause substantial future pandemic risk, whilst biodiversity loss is also associated with the transformation of landscapes and can lead to increased emerging disease risk in some cases. According to the report, the cost of inaction vastly outweighs the cost of implementing global strategies to prevent pandemics-based land-use change and other drivers.
Amendment 89 #
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 95 #
Proposal for a regulation
Recital 2
Recital 2
(2) Taking a holistic approach to tackling climate and environmental-related challenges, wellbeing of its people 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 and the principle of a fair and just transition that leaves no one behind 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 final. It is therefore necessary to complement the accounting of GHG 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 and safeguards for social and workers’ rights, in particular to the Union’s biodiversity objectives asset out in the EU Biodiversity Strategy for 2030, the European Pillar of Social Rights and in the relevant Union legal acts, within the meaning of Articles 17 and 18 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 102 #
Proposal for a regulation
Recital 2 a (new)
Recital 2 a (new)
(2a) The United Nations Environment Programme and the OECD Global Forum on Environment have highlighted that environmental changes have gender- specific impact. Gender-differentiated roles also cause differentiated vulnerabilities of women and men to the effects of climate change, and climate change impacts exacerbate gender inequalities. The 8th Environmental Action Programme defines gender mainstreaming throughout climate and environmental policies, including by incorporating a gender perspective at all stages of the policy making process, as a vital, enabling condition for the achievement of the priority objectives of the programme, requiring efforts from the European Commission, the Member States, local and regional authorities and stakeholders, as appropriate.
Amendment 111 #
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 and the aim to achieve negative emissions thereafter 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 emissions 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 and the aim to achieve negative emissions thereafter. __________________ 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).’. 31Regulation (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 135 #
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 by 2050 at the latest and to the aim to achieving negative emissions thereafter, binding annual targets for net greenhouse gas removals should be set out for each Member State in the land use, land use change and forestryLULUCF sector in 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 ) and beyond, resulting in an intermediary target of 31600 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 172 #
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 and other factors, such as environmental crime. 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 reinforced. __________________ 33 COM(2020) 562 final. e 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. 33a Zickfeld K., Azevedo D., Mathesius S. et al. Asymmetry in the climate–carbon cycle response to positive and negative CO2 emissions. Nature Climate Change 11, 613–617 (2021).
Amendment 205 #
Proposal for a regulation
Recital 8 a (new)
Recital 8 a (new)
(8a) In order to set a long-term vision, the Commission, supported by the Advisory Board, established in Article 3 of Regulation (EU) 2021/1119, will prepare an indicative roadmap of the LULUCF sector’s contribution to the Union’s climate neutrality objective by 2050 at the latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation 2021/1119. The roadmaps will be prepared in a transparent manner with close engagement of stakeholders, such as individual citizens, civil society, social partners, academia, industry and policy makers. The roadmap is an essential tool for providing long-term insight and stability for stakeholders and to identify common interests, possible inconsistencies and conflicts in policy development. The roadmap will be updated every four years in order to take consider latest scientific development, in close engagement with stakeholders.
Amendment 277 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) Public scrutiny and access to justice is an essential part of the democratic values of the Union and a tool to safeguard rule of law. The civil society plays an essential role as a watchdog in the Member States and provides important support to help deliver the goals of the European Green Deal. To protect their rights and to challenge breaches of implementation of this Regulation at the national level, the Member States should ensure access to justice for citizens and non-governmental organisations. In order to secure that this right can be exercised evenly throughout the Member States of the Union, an article covering access to justice should be added to this Regulation
Amendment 309 #
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 c
Article 1 – paragraph 1 – point c
(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 321 #
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 327 #
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-wide climate target for 2040, climate-neutrality objective by 2050 at the latest and to achieving negative emissions thereafter, as set out in Regulation(EU) 2021/1119;
Amendment 336 #
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 363 #
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 375 #
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 9
Article 3 – paragraph 1 – point 9
(2a) in Article 3, paragraph 1, point 9 is replaced by the following: "(9) ‘natural disturbances’ mean any non- anthropogenic events or circumstances that cause significant emissions in forests and the occurrence of which is beyond the control of the relevant Member State without prior preventing measures, and the effects of which the Member State is objectively unable to significantly limit, even after their occurrence, on emissions; (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R0841-Or. en 20210314&qid=1643795111325)
Amendment 376 #
Proposal for a regulation
Article 1 – paragraph 1 – point 2 b (new)
Article 1 – paragraph 1 – point 2 b (new)
Regulation (EU) 2018/841
Article 3 – paragraph 1 – point 10 a (new)
Article 3 – paragraph 1 – point 10 a (new)
Amendment 384 #
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 31600 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 as a sum of targets set for Member States by 2030, and reach negative levels thereafter.
Amendment 411 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3
Article 1 – paragraph 1 – point 3
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 31600 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 435 #
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
Amendment 436 #
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)
Amendment 440 #
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 463 #
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, and are implemented in accordance to the European Pillar of Social Rights and the Minimum safeguards as set out in Article 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council. 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 473 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 b (new)
Article 1 – paragraph 1 – point 3 b (new)
Regulation (EU) 2018/841
Article 4 b (new)
Article 4 b (new)
(3b) the following Article 4b is inserted: ‘Article 4b Sectoral roadmap 1. By 1 January 2025, the Commission, supported by the Advisory Board established in Article 3 of Regulation (EU) 2021/1119, shall publish indicative roadmap on the role of the LULUCF sector in achieving the Union’s climate- neutrality objective by 2050 at latest and the aim to achieve negative emissions thereafter laid out in Article 2(1) of Regulation (EU) 2021/1119. The roadmap shall address the role of net removals both at the level of the Union and individual Member States. 2. The Commission shall engage closely with stakeholders, including individual citizens, civil society, social partners, academia, policy makers and sectors and subsectors affected by this Regulation, while preparing the roadmap set out in paragraph 1 of this Article. 3. Every four years after the publication of the roadmap set out in paragraph 1 of this Article, the Commission shall update the roadmap in accordance to the latest scientific knowledge, while engaging closely with stakeholders as referred in paragraph 2 of this Article. 4. All data used to produce the sectoral roadmaps set out in paragraph 1 of this Article, and for their updates pursuant to paragraph 3 of this Article, shall be made available to the public, in an easily accessible form.’
Amendment 475 #
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)
(3a) the following Article 4a is inserted: 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 that create additional removals in the Union and in third countries. The report shall also assesses the permanence of natural carbon stocks and the risk of stored carbon being rereleased into the atmosphere, accidentally or intentionally.
Amendment 478 #
Proposal for a regulation
Article 1 – paragraph 1 – point 3 c (new)
Article 1 – paragraph 1 – point 3 c (new)
Regulation (EU) 2018/841
Article 5 – paragraph 4
Article 5 – paragraph 4
(3c) in Article 5, paragraph 4 is replaced by the following: "4. Member States shall include in their accounts for each land accounting category any change in the carbon stock of the carbon pools listed in Section B of Annex I. Member States may choose not to include in their accounts changes in carbon stocks of carbon pools provided that the carbon pool is not a source. However, that option not to include changes in carbon stocks in the accounts shall not apply in relation to the carbon pools of above-ground biomass, dead wood and harvested wood products, in the land accounting category of managed forest land. Or. en (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R0841- 20210314&qid=1643795111325)
Amendment 485 #
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 508 #
Proposal for a regulation
Article 1 – paragraph 1 – point 8 – point b
Article 1 – paragraph 1 – point 8 – point b
Regulation (EU) 2018/841
Article 10 – paragraph 2
Article 10 – paragraph 2
(b) inparagraph 2 is replaced by the following: ‘2. A Member State may apply paragraph 21, point (b), ‘2030’ is replaced by ‘2025’: (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R0841-rovided that the following conditions are fulfilled: (-a) 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 of the European Parliament and of the Council; (-aa) the Member State has exhausted all other flexibilities available pursuant to Article 12, 13 and 13a of this Regulation; (a) the Member State has submitted to the Commission information on the background level for the land accounting categories referred to in paragraph 1 and on the data and methodologies used in accordance with Annex VI; (b) the Member State has excluded from accounting until 2025 all subsequent removals on the land affected by natural disturbances; and (ba) the Member State has effectively revised its integrated national energy and climate plan and long-term strategy submitted pursuant to Article 11(-1) and has adopted new measures to enhance 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.’ Or. en 20210314&qid=1643795111325)
Amendment 532 #
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 change in the Union or in third countries and shall inform the Commission of any such actions takenin accordance to the criteria laid out in article 10(3) Directive 2003/87/EC and in addition in accordance with: (a) The “do no significant harm” principle as set out in the Article 17 of the Regulation (EU)2020/852 of the European Parliament and of the Council. (b) Minimum safeguards as set out in the Article 18 of the Regulation (EU) 2020/852 of the European Parliament and of the Council. (c) The European Pillar of Social Rights (d) The Member State’s integrated national energy and climate plan submitted in accordance with Regulation (EU) 2018/1999.
Amendment 539 #
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; and in a way that contributes to enhancing biodiversity, and to reduce the vulnerability of the land to natural disturbances;
Amendment 541 #
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 and its conservation of habitats under Council Directive92/43/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). 1bDirective 2009/147/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 543 #
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 b a (new)
Article 13 – paragraph 2 – subparagraph 1 – point b a (new)
(ba) the Member State has successfully implemented Directive 2008/99/EC.
Amendment 545 #
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 552 #
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;
Amendment 555 #
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 of the European Parliament and of the Council;
Amendment 559 #
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 b a (new)
Article 13 a – paragraph 1 – subparagraph 1 – point b a (new)
(ba) Finland has successfully implemented Directive 2008/99/EC.
Amendment 568 #
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 572 #
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 flexibility mechanismnatural disturbance solidarity corresponding to a quantity of up to 1789 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 flexibilitynatural disturbance mechanism shall be available in addition to the flexibilities provided for in Article 12.
Amendment 575 #
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 flexibilitymechanism set out in this Article in order to comply with its target set out pursuant to Article 4(2).
Amendment 577 #
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 579 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
(-a) the Member State has demonstrated that the positive result is directly linked to the impact of natural disturbances. The Commission may reject the evidence submitted by the Member State if it deems it is insufficiently justified or disproportionate;
Amendment 582 #
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 updatedeffectively revised its integrated national energy and climate plan and long-term strategy submitted pursuant to Article 14 of Regulation (EU) 2018/1999 ongoing or planned specific measures to ensure the conservation or enhancement, as appropriate, of all land sinks and reservoirs1(-1) and has adopted new measures to enhance 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 585 #
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 586 #
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 588 #
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 b (new)
Article 13 b – paragraph 3 – subparagraph 1 – point b b (new)
(bb) the Member State has successfully implemented Directive 2008/99/EC; and
Amendment 590 #
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 31600 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 597 #
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
Amendment 604 #
Proposal for a regulation
Article 1 – paragraph 1 – point 13
Article 1 – paragraph 1 – point 13
Regulation (EU) 2018/841
Article 13 b – paragraph 5
Article 13 b – paragraph 5
Amendment 638 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c
Article 14 – paragraph 1 – subparagraph 2 – point c
(c) synergies between climate mitigation and biodiversity., including the policies and measures to reduce biodiversity loss, enhance biodiversity and restore habitats;
Amendment 639 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
Article 14 – paragraph 1 – subparagraph 2 – point c a (new)
(ca) the policies and measures to reduce the vulnerability of land to natural disturbances and measures to rehabilitate the lands affected by possible natural disturbances; and
Amendment 643 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
Article 14 – paragraph 1 – subparagraph 2 – point c b (new)
(cb) the policies and measures regarding reducing the risk and magnitude of environmental crime affecting the level of removals and emissions and causing biodiversity loss.
Amendment 645 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15
Article 1 – paragraph 1 – point 15
Regulation (EU) 2018/841
Article 14 – paragraph 1 – subparagraph 3
Article 14 – paragraph 1 – subparagraph 3
Such report shall also contain, where applicable, details on the intention to use the flexibilities referred to in Article 11 and related amounts or on the use of such flexibilities and related amounts.; The reports shall be made available to the public, in an easily accessible form.
Amendment 648 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 a (new)
Article 1 – paragraph 1 – point 15 a (new)
Regulation (EU) 2018/841
Article 14 – paragraph 2
Article 14 – paragraph 2
(15a) In Article 14, paragraph 2 is replaced by the following: "2. The Commission shall carry out a comprehensive review of the compliance reports, provided under paragraph 1 of this Article, for the purpose ofand assessing compliance with Article 4. (https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A02018R0841-The review shall be made public, in an easily accessible form. Or. en 20210314&qid=1643795111325)
Amendment 651 #
Proposal for a regulation
Article 1 – paragraph 1 – point 15 b (new)
Article 1 – paragraph 1 – point 15 b (new)
Regulation (EU) 2018/841
Article 14 a (new)
Article 14 a (new)
(15b) The following Article 14a is inserted: ‘Article 14a Access to justice 1. Member States shall ensure that, in accordance with their national legal system, members of the public concerned who meet the conditions set out in paragraph 2, including individuals and non-governmental organisations, 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 acts and omissions that fail to comply with legal obligations arising under Article 4. For the purposes of this paragraph, an act or omission that fails to comply with legal obligations under Article 4 includes an act or omission with respect to a policy or measure adopted for the purposes of implementing those obligations, where that policy or measure fails to make a sufficient contribution to such implementation. 2. Members of the public concerned meet the conditions referred to in paragraph 1 when - (a) they have sufficient interest; or (b) they allege the impairment of a right, where administrative procedural law of a Member State requires this as a precondition. What constitutes a sufficient interest shall be determined by Member States, consistently with the objective of giving the public concerned wide access to justice and in conformity with the Aarhus Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters. To this 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 a preliminary review procedure before an administrative authority and shall not affect the requirement of exhaustion of administrative review procedures prior to 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. 4. Member States shall ensure that practical information is made easily available to the public on access to administrative and judicial review procedures.’
Amendment 662 #
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 targe 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 with regard to 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 also take into consideration gender-specific impact of policy options. 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 693 #
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 andclimate-neutrality by 2050 at latest and the aim to achievinge negative emissions thereafter pursuant tolaid out in Article 4(42(1) of that Regulation;; (EU) 2021/1119.
Amendment 723 #
Proposal for a regulation
Annex II
Annex II
Regulation (EU) 2018/841
Annex II a – table
Annex II a – table
Member State Value of the net greenhouse gas emissions reduction in kMt of CO2 equivalent in 2030 Belgium -3,5 -1 352 Bulgaria -17,7 -9 718 Czechia -6,9 Denmark -1 228 Denmark 2,3 Germany -56,5 Estonia 5 338 Germany -5,5 Ireland -0,5 Greece -30 840 Estonia -12,3 Spain -2 545 Ireland80,0 France -79,9 Croatia 3 728 Greece -9,6 Italy -57,4 -4 373 SpainCyprus -0,8 Latvia -43 635 France5,0 Lithuania -9,2 Luxembourg -34 046 Croatia0,6 Hungary -5 527 Italy12,2 Malta -35 758 Cypru0,0 Netherlands -352 Latv1,6 Austria -644 Lithuania -4 633 Luxembourg -403 Hungary -11,7 Poland -60,5 Portugal -5 724 Malta -8,0 Romania 2 Netherlands 4 523 Austria -5 650 Poland -38 098 Portugal -1 358 Romania -25 665 Slovenia -42,2 Slovenia -1,6 Slovakia -10,3 Finland -146 Slovakia -6 821 Finland -17 754 Sweden -37,6 Sweden -74,4 EU-27 -47 321 EU-27 -310 000 600