106 Amendments of Hermann TERTSCH related to 2022/0195(COD)
Amendment 192 #
Draft legislative resolution
Citation 2
Citation 2
— having regard to Article 294(2), Article 191 and Article 192(12b) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9- 0208/2022), (Justification - legal basis:1. This REGULATION proposal is in accordance with Article 192(2b) of TFEU, because measures of the proposal are affecting: town and country planning, quantitative management of water, resources, or affecting, directly or indirectly, the availability of those resource, agriculture land use and forestry matters. The form of DIRECTIVE (instead of Regulation) would better reflect existing the MSs’ national legislation and avoid unnecessary administrative burden. As DIRECTIVE proposal is in accordance with Article 192(1) of the Treaty on the Functioning of the European Union (TFEU). The proposal is not compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (for example: national forestry, and water plans, management, etc). 2. The proposal is NOT compatible with the principle of subsidiarity and proportionality because it exceeds what is necessary to achieve the objectives of the proposal (f.e. national forestry and water plans, management, sources).)Or. en
Amendment 195 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(11 and Article 192(2b) thereof,
Amendment 319 #
(33) It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference areaconservation status for each habitat type is reached and, on at least 930 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation statusby 2030, on at least 60 % by 2040, and for all Natura 2000 framework ecosystems by 2050.
Amendment 521 #
Proposal for a regulation
Recital 75
Recital 75
(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species tois to be done through a proper consultation of the relevant national experts, and in accordance with the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.
Amendment 543 #
Proposal for a regulation
Article 1 – paragraph 1 – point a
Article 1 – paragraph 1 – point a
(a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of degraded ecosystems;
Amendment 550 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptationsustainable development, as well as food and energy security;
Amendment 579 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put in place, without delay,long-term effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 593 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1
Article 3 – paragraph 1 – point 1
(1) ‘ecosystem’ means a dynamic complex of plant, animal, and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populationsfunctional system of living and non-living components of the environment that are interconnected by the exchange of substances, the flow of energy and the transfer of information and that dynamically interact and evolve over space and time;
Amendment 594 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1a) 'degraded ecosystem' means an ecosystem that is significantly negatively affected by anthropogenic or non- anthtropogenic changes such as climate change, land use, nitrogen deposition, pollution and invasive alien species and others;
Amendment 600 #
Proposal for a regulation
Article 3 – paragraph 1 – point 3
Article 3 – paragraph 1 – point 3
(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient qualitactions based on the science and the best available techniques taken to protect and sustainably mand quantity, or of species populations to satisfactory levelage natural or degraded ecosystems, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 620 #
Proposal for a regulation
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) ‘good condition’ means a state where the key characteristicswhen: - population dynamics data on the species concerned indicate that it is maintaining itself ofn an ecosystem, namely its physical, chemical, compositional, structural and functional s long-term basis as a viable component of its natural habitates, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its- the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future, and - there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long- term maintenancebasis;
Amendment 639 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long- term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type;
Amendment 646 #
Proposal for a regulation
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 652 #
Proposal for a regulation
Article 3 – paragraph 1 – point 7
Article 3 – paragraph 1 – point 7
(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-contributes to a long-term favourable status and a full functionality of ecosysterm basis as a viable component of its habitat in its natural range;services.
Amendment 658 #
Proposal for a regulation
Article 3 – paragraph 1 – point 8
Article 3 – paragraph 1 – point 8
(8) ‘pollinator’ means a wildn animal whichthat transportsfer pollen from the anther of a plant to the stigma of a plant, enablingmale to the female parts of flowers, thus allowing plants to fertilisatione and the reproduction of seedse;
Amendment 719 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionfavourable status areas of habitat types listed in Annex I which are not in good conditionfavourable status. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good conditionfavourable status, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050 inside the Natura 2000 network.
Amendment 726 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
Amendment 754 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved at favourable status.
Amendment 771 #
Proposal for a regulation
Article 4 – paragraph 4
Article 4 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account the all functions of ecosystems and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition and cost effectiveness.
Amendment 774 #
Proposal for a regulation
Article 4 – paragraph 5
Article 4 – paragraph 5
Amendment 790 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the speciefavourable status is reached. Member States shall ensure that areas subject to restoration measures according to paragraphs 1 in which favourable status has been reached, do not deteriorate excluding force majeure.
Amendment 811 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex I occur inside Natura 2000 do not deteriorate.
Amendment 893 #
Proposal for a regulation
Article 4 – paragraph 9 – point a
Article 4 – paragraph 9 – point a
(a) force majeure; including natural disasters;
Amendment 924 #
Proposal for a regulation
Article 4 – paragraph 9 – subparagraph 2 (new)
Article 4 – paragraph 9 – subparagraph 2 (new)
Member States shall ensure that there is: (a) an increase of habitat area in favourable status for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached; (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.
Amendment 948 #
Proposal for a regulation
Article 5 – paragraph 1
Article 5 – paragraph 1
1. Member States shall put in place the restoration measures that are necessary to improve to good conditionFollowing the development of a revised Union-wide methodology for the assessment of habitat types and species protected under Directive 92/43/EEC and Directive 2009/147/EC, Member States shall put in place appropriate and reasonable restoration measures inside the Natura 2000 network to improve favourable status areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the total area of each group ofthe habitat types listed in Annex II that isare not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. .
Amendment 971 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. After the data on habitat types referred to in Article 19(8) has been made available, Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types, provided that re- establishment is possible under present climatic conditions, also provided that adequate and sufficient areas for re- establishment are available. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat typesof habitat types listed in Annex II, as quantified in the national restoration plan referred to in Article 12, by 20305, at least 60 % of that surface by 20405, and 1090 % of that surface by 20505.
Amendment 990 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall put in place the restoration measures inside Natura 2000 network for the marine habitats of species listed in Annex III and where deemed required for species in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are necessary in order to improve the quality and quantity of those habitats, including by re- establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achievedto reach favourable status.
Amendment 999 #
Proposal for a regulation
Article 5 – paragraph 4
Article 5 – paragraph 4
4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledgetechniques, taking into account all functions of ecosystems, and the latest scientific evidence of the condition of the habitat types listed in Annex II, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3. Areas where the habitat types listed in Annex II are in unknown condition shall be considered as not being in good condition of this Article. Cost- effectiveness must also be taken into account when prioritising and allocating restoration measures.
Amendment 1009 #
Proposal for a regulation
Article 5 – paragraph 5
Article 5 – paragraph 5
5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.
Amendment 1016 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 32 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that a. Member States shall ensure that areas inside Natura 2000 areas subject to restoration measureas in which good condition has been reachedaccordance with paragraphs 1 and 2 in which the sufficient quality of the habitats of the speciesgood condition has been reached, do not deteriorate.
Amendment 1032 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall ensure that areas where the habitat types listed in Annex II occur inside Nature 2000 do not deteriorate.
Amendment 1065 #
Proposal for a regulation
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations which are or other relevant circumstances which are directly and indirectly caused by climate change; or
Amendment 1072 #
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, to be defined in the national restoration plan.
Amendment 1080 #
Proposal for a regulation
Article 5 – paragraph 8 – point c a (new)
Article 5 – paragraph 8 – point c a (new)
(ca) A project in the interest of public health and public safety, including food and energy supply, or for other imperative reasons of overriding public interest, including those of a social or economic nature and beneficial consequences of primary importance for the environment.
Amendment 1084 #
Proposal for a regulation
Article 5 – paragraph 8 – point c b (new)
Article 5 – paragraph 8 – point c b (new)
(cb) Measures to maintain food security and production of food and renewable resources;
Amendment 1106 #
Proposal for a regulation
Article 5 – paragraph 9 – point a
Article 5 – paragraph 9 – point a
(a) force majeure, including natural disasters;
Amendment 1118 #
Proposal for a regulation
Article 5 – paragraph 9 – point b
Article 5 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by climate change:or other relevant circumstances ; or
Amendment 1119 #
Proposal for a regulation
Article 5 – paragraph 9 – point b a (new)
Article 5 – paragraph 9 – point b a (new)
(ba) measures to maintain food security and production of food and renewable resources;
Amendment 1138 #
Proposal for a regulation
Article 5 – paragraph 10 – point a
Article 5 – paragraph 10 – point a
(a) an increase of habitat area in good condition for habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached, providing that habitats types requirements for good conditions as well as favourable reference areas are not negatively competing;
Amendment 1151 #
Proposal for a regulation
Article 5 – paragraph 10 – point b a (new)
Article 5 – paragraph 10 – point b a (new)
(ba) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, have lost their production capacity, ability to produce important ecosystem services.
Amendment 1156 #
Proposal for a regulation
Article 5 – paragraph 10 – point b b (new)
Article 5 – paragraph 10 – point b b (new)
(bb) Member states shall, in accordance with the national restoration plan referred to in Article 12, restore areas that, due to the loss of their natural conditions, risk significantly worsening the effects of natural disasters such as floods, storms, fires and natural pests.
Amendment 1200 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
Amendment 1205 #
Proposal for a regulation
Article 6 – paragraph 2 – point b
Article 6 – paragraph 2 – point b
(b) a net gain of urban green space that is integrated into existing and new buildings and infrastructure developments, including through renovations and, renewals, restoration, and de-sealing, in all cities and in towns and suburbs.
Amendment 1233 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Member States shall make an inventory of barriers to longitudinal and lateral connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 20305, without prejudice to Directive 2000/60/EC, in particular Aarticles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.
Amendment 1254 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.
Amendment 1268 #
Proposal for a regulation
Article 7 – paragraph 3
Article 7 – paragraph 3
3. Member States shall complemenmay support the removal of the barriers referred to in paragraph 2 by the measures necessaryadequate to improveing the natural functions of the related floodplains.
Amendment 1284 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall reverse the decline ofcontribute to pollinator populationsabundance by 2030, and achieve thereafter an increasimprove pollinator diversity by 2035, in order to maintaing trend of pollinator populations, measured ehe functionality of the pollination ecosystem service overy three years after 2030,ime. The improvement shall be continuous until satisfactory levels are reachieved, as set out in accordance with Article 11 (3). This shall be done while taking into account impacts on agricultural production and factors such as climate change.
Amendment 1301 #
Proposal for a regulation
Article 8 – paragraph 3
Article 8 – paragraph 3
3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance, food supply and diversity of pollinator species and for assessing pollinator population trends.
Amendment 1308 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessaryappropriate and reasonable to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account social and economic aspects, Common Agricultural Policy (CAP), including SMEs, and ensure the food security in the EU.
Amendment 1328 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall achieveim for an increasing trend at national level of each of the following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every threfive years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1331 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 1342 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1355 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) sShare of agricultural land with high- diversity landscape features according to the CAP Strategic plan.
Amendment 1384 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
(b) 105 by 20305, 110 by 20405 and 115 by 20505, for Member States listed in Annex IV with historically less depleted populations of farmland birds.
Amendment 1396 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Amendment 1409 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
Amendment 1423 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
Amendment 1439 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
Amendment 1454 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 2
Article 9 – paragraph 4 – subparagraph 2
Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1458 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3
Article 9 – paragraph 4 – subparagraph 3
In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 20%, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c)Article 4.
Amendment 1465 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
Member States shall take measures to prevent cover-up and shrub encroachment, forestation and depletion of extensively managed agricultural land, in particular extensive grassland in border yields and in mountain areas.
Amendment 1466 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 b (new)
Article 9 – paragraph 4 – subparagraph 3 b (new)
The non-fulfilment of the obligation set out in paragraph xx is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1477 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, taking into account social and economic and requirements, the restoration measures in degraded forest ecosystems to enhance productivity, long-term resilience and biodiversity, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
Amendment 1500 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1512 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
(b) lying and standing deadwood;
Amendment 1519 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
(c) share of forests with uneven-aged structurenumber of veteran trees at regional level;
Amendment 1526 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
(d) forest connectivitygrowing stock;
Amendment 1565 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. Long term projected resilience
Amendment 1567 #
Proposal for a regulation
Article 10 – paragraph 2 b (new)
Article 10 – paragraph 2 b (new)
2b. The non-fulfilment of the obligation set out in paragraph 2 is justified if caused by: force majeure, including natural disasters; unavoidable habitat transformations, etc.
Amendment 1585 #
Proposal for a regulation
Article 11 – paragraph 1
Article 11 – paragraph 1
1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, practices and local conditions, cost-effective allocation and prioritisation of restoration measures, while involving relevant stakeholders, such as owners and managers at every stage of the process.
Amendment 1600 #
Proposal for a regulation
Article 11 – paragraph 2 – introductory part
Article 11 – paragraph 2 – introductory part
2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), 4(2), 5(1) and 5(2) and, as required for the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:
Amendment 1604 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point i
Article 11 – paragraph 2 – point a – point i
(i) (i) the total habitat area and a map of its current distribution, including outside of the Member State territory;
Amendment 1612 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iii
Article 11 – paragraph 2 – point a – point iii
(iii) the favourable reference area taking into account the documented losses over at least the last 70 yearsf habitats surface since the Habitats Directive came into force and the projected changes to environmental conditions due to climate change;
Amendment 1625 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv
Article 11 – paragraph 2 – point a – point iv
(iv) the areas most suitable for the re- establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change, cost- effectiveness of resource use and existing land uses;
Amendment 1633 #
Proposal for a regulation
Article 11 – paragraph 2 – point b
Article 11 – paragraph 2 – point b
(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate changes well the real available areas taking into account competing needs of habitats and species as well as existing land uses.
Amendment 1644 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and, if available, the framework referred to in Article 17(9), local conditions, economic viability of agriculture and forestry, and subject to food security concerns. During the process, all relevant stakeholders such as landowners and land managers, shall be consulted.
Amendment 1664 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forestvelop a methodology to identify and map areas in need of restoration, in particular those areas thatwhich, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversityfrastructure measures and settlement activity are in need of enhanced connectivity and landscape diversity. The type of restoration measures recommended in these areas, and how restrictions of use and property disadvantages are compensated, shall be determined in agreement with the landowner of the area concerned. The mapping and identification exercises should include an informed process for any landowners and land managers whose land is being identified.
Amendment 1678 #
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies with climate cfoster policy coherence for sustainable development and enhangce mitigation, climate change adaptation andpositive synergies and tackle trade offs with other policy areas, including disaster prevention, and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 1681 #
Proposal for a regulation
Article 11 – paragraph 5 – point a
Article 11 – paragraph 5 – point a
(a) their integrated national energy and climate plannational forest programmes, or equivalent, food strategies referred to in Article 3 of Regulation (EU) 2018/1999;
Amendment 1686 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
Amendment 1728 #
Proposal for a regulation
Article 11 – paragraph 7 a (new)
Article 11 – paragraph 7 a (new)
7a. national plans and/or strategies;
Amendment 1729 #
Proposal for a regulation
Article 11 – paragraph 7 b (new)
Article 11 – paragraph 7 b (new)
7b. prior and informed consent principles as laid out in the Charter of Fundamental Rights.
Amendment 1740 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisbalancing the ecological, economic and social functions of ecosystems while fully respecting ownership rights, as well as their contribution to the sustainable development of the relevant regions and local communities.
Amendment 1760 #
Proposal for a regulation
Article 11 – paragraph 11
Article 11 – paragraph 11
11. Member States shall ensure that the preparation of the restoration plan is open, inclusive and effectivensure cooperation and active engagement of private land owners, in compliance with the principle of prior and informed consent and that the public is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 1768 #
Proposal for a regulation
Article 11 – paragraph 11 a (new)
Article 11 – paragraph 11 a (new)
Amendment 1788 #
Proposal for a regulation
Article 12 – paragraph 2 – point a a (new)
Article 12 – paragraph 2 – point a a (new)
(aa) Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified.
Amendment 1789 #
Proposal for a regulation
Article 12 – paragraph 2 – point a b (new)
Article 12 – paragraph 2 – point a b (new)
Amendment 1831 #
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigationsustainable development associated with the restoration measures over time, as well as wider socio-economic benefits of those measures;
Amendment 1837 #
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing needs for the implementation of the restoration measures, which shall include thea description of the support to stakeholders, such as landowners and land managers affected by restoration measures or other new obligations arising from this Regulation, compensation for possible property disadvantages and yield losses of the landowners concerned, and the means of intended financing, public or private funding, including (co-) financing with Union funding instruments, including through a dedicated EU Fund for Restoration;
Amendment 1861 #
Proposal for a regulation
Article 12 – paragraph 2 – point n
Article 12 – paragraph 2 – point n
(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of those with a legitimate interest, local communities and stakeholders have been taken considered and how property rights have been respected;
Amendment 1865 #
Proposal for a regulation
Article 12 – paragraph 2 – point o
Article 12 – paragraph 2 – point o
Amendment 1870 #
Proposal for a regulation
Article 12 – paragraph 2 – point o a (new)
Article 12 – paragraph 2 – point o a (new)
(oa) An explanation of how to ensure that the implementation of the restoration plans does not lead to a decrease of agricultural and forestry production within the Union or a shift to third countries and to ensure self-sufficiency with regional, high-quality food and biogenic raw materials;
Amendment 1875 #
Proposal for a regulation
Article 12 – paragraph 2 a (new)
Article 12 – paragraph 2 a (new)
2a. Member States shall identify the areas whose natural conditions have been lost and thereby lost their production capacity, ability to produce important ecosystem services or ability to capture and store carbon dioxide. The need for restoration under Article 4 (X) shall be quantified. A supplementary impact assessment on the expected agricultural, horticulture, and food and forestry production sectors from the proposed measures concerning Article 4 to 10.
Amendment 1904 #
Proposal for a regulation
Article 14 – paragraph 2
Article 14 – paragraph 2
2. When assessing the draft national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features.
Amendment 1949 #
Proposal for a regulation
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Member States shall review their national restoration plan at least once every 10 years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate changetechniques and local conditions.
Amendment 1979 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficientlegitimate interest or, that maintain the impairment of a right, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public have played during the process for preparing and establishing the national restoration plan.
Amendment 1985 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
Amendment 2044 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high- diversity landscape features, and (e) concerning the standing deadwood, theand lying deadwood, the share of forests with uneven-aged structure, the forest connectivitygrowing stock/ annual increment and the stock of organic carbon, shall be carried out at least every threfive years, and, where possible, every year. The monitoring in accordance with that paragraph, point (c) concerning the grassland butterfly index, that paragraph, points (d) and (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC.
Amendment 2061 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Amendment 2076 #
Proposal for a regulation
Article 18 – paragraph 1
Article 18 – paragraph 1
1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, on an annual basisbasis of three years according to reporting systems of Habitats and Birds Directive starting from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 2102 #
Proposal for a regulation
Article 18 – paragraph 6
Article 18 – paragraph 6
6. The Commission shall, as from 2029, report to the European Parliament and to the Council every threfive years on the implementation of this Regulation.
Amendment 2118 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat typesIf new scientific knowledge suggest the need for amending the annexes of this regulation the commission can adopt implementing acts to do this in accordance with the examination procedure referred to in Article 21(2).
Amendment 2123 #
Proposal for a regulation
Article 19 – paragraph 2
Article 19 – paragraph 2
Amendment 2128 #
Proposal for a regulation
Article 19 – paragraph 3
Article 19 – paragraph 3
Amendment 2136 #
Proposal for a regulation
Article 19 – paragraph 4
Article 19 – paragraph 4
Amendment 2146 #
Proposal for a regulation
Article 19 – paragraph 5
Article 19 – paragraph 5