32 Amendments of Lambert van NISTELROOIJ related to 2008/0016(COD)
Amendment 116 #
Proposal for a directive
Recital 1
Recital 1
(1) The increased sustainable use of energy from renewable sources constitutes an important part of the package of measures needed to reduce greenhouse gas emissions and comply with the Kyoto Protocol to the United Nations Framework Convention on Climate Change, and with further European and international greenhouse gas emission reduction commitments beyond 2012. It also has an important part to play in promoting security of energy supply, promoting technological development and providing opportunities for employment and regional development, especially in rural areas.
Amendment 139 #
Proposal for a directive
Recital 6
Recital 6
(6) The main purpose of binding targets is to provide certainty for investors. Deferring a decision about whether a target is binding until a future event takes place is thus not appropriate. In a statement to the minutes of the Council of 15 February 2007, the Commission therefore stated that it did not consider that tin principle thus not appropriate. The binding naturecharacter of the target shcould be deferred until second generation biofuels became commercially avpostponed if the target cannot be met in a sustailnable way.
Amendment 167 #
Proposal for a directive
Recital 11
Recital 11
(11) To ensure that the overall targets are achieved, Member States should work towards a an indicative trajectory tracing a path towards the achievement of their targets, and should establish a national action plan including sectoral targets, while having in mind that there are different uses of biomasrenewable energies and therefore it is essential to mobilise new biomass resourcesrenewable resources. It is essential to ensure that Member States put in place cost effective policies and measures in order to minimise cost to customers and society.
Amendment 205 #
Proposal for a directive
Recital 18
Recital 18
(18) Imported electricity, produced from renewable energy sources outside the Community, may count towards Member States' targets. However, to avoid a net increase in greenhouse gas emissions through the diversion of existing renewable sources and their complete or partial replacement by conventional energy sources, only electricity generated by renewable energy installations that become operational after the entry into force of this Directive should be eligible to be counted. To ensure that such imports can be tracked and accounted for in a reliable way, it is appropriate for them to take place within the framework of a system of guarantees of origin. Agreements with third countries concerning the organisation of this trade in electricity from renewable energy sources will be considered.
Amendment 215 #
Proposal for a directive
Recital 19
Recital 19
(19) To create opportunities for reducing the cost of achieving the targets laid down in this Directive, it is appropriate both to facilitate the consumption in Member States of energy produced from renewable sources in other Member States, and also to enable Member States to count electricity, heating and cooling consumed in other Member States towards their own national targets. For this reason, harmonised provisions for the design and transfer of guarantees of origin in these sectors should be adopted. Transfer of guarantees of origin should be permissible for both governments and companies.
Amendment 228 #
Proposal for a directive
Recital 23
Recital 23
Amendment 258 #
Proposal for a directive
Recital 34
Recital 34
(34) Biofuelmass production should be environmentally sustainable. Biofuelmass used for compliance with the targets laid down in this Directive, and those that benefit from national support systems, should therefore be required to fulfil criteria for environmental sustainability.
Amendment 260 #
Proposal for a directive
Recital 35
Recital 35
Amendment 263 #
Proposal for a directive
Recital 36
Recital 36
(36) The Brussels European Council of March 2007 invited the Commission to propose a comprehensive Directive on the use of all renewable energy sources, which could contain criteria and provisions to ensure sustainable provision and use of bioenergy. These criteria should form a coherent part of a wider scheme covering also bioliquids and not biofuels alonebiomass. Such sustainability criteria should therefore be included in this Directive. In order to avoid the additional costs to business and the environmental incoherence that would be associated with an inconsistent approach, it is essential for sustainability criteria in respect of biofuelmass to be aligned between this Directive and Directive 98/70/EC. The Commission should in addition review in 2010 whether other biomass applications should be included.
Amendment 267 #
Proposal for a directive
Recital 37
Recital 37
(37) If land with high stocks of carbon in its soil or vegetation is converted for the cultivation of raw materials for biofuels and other bioliquidmass, some of the stored carbon will generally be released into the atmosphere, leading to the formation of carbon dioxide. The negative greenhouse gas impact of this can offset the positive greenhouse gas impact of the biofuels or bioliquidmass, in some cases by a wide margin. The full carbon effects of such conversion should therefore be accounted for in calculating the greenhouse gas savings of particular biofuels and other bioliquidmass. This is necessary to ensure that the greenhouse gas saving calculation takes into account the totality of the carbon effects of the use of biofuels and other bioliquidmass.
Amendment 270 #
Proposal for a directive
Recital 38
Recital 38
(38) In order to prevent unnecessary burdensome research by economic operators and in order to prevent conversion of high-carbon-stock land that in hindsight would prove to be not eligible for producing raw materials for biofuels and other bioliquidmass, those types of land whose carbon stock loss upon conversion could not, within a reasonable period taking into account the urgency of tackling climate change, be compensated by the greenhouse gas savings of producing biofuels and other bioliquidmass, should not be converted for the production of biofuels and other bioliquidmass. Inventories of worldwide carbon stocks lead to the conclusion that, among other types of lands, wetlands and continuously forested areas should be included in this category.
Amendment 276 #
Proposal for a directive
Recital 39
Recital 39
(39) The incentives provided for in this Directive for biofuels and other bioliquidmass, and the increasing worldwide demand for biofuels and other bioliquidmass, should not have the effect of encouraging the destruction of bio-diverse lands. Such exhaustible resources, recognised in various international instruments to be of value to all mankind, should be preserved. Consumers in the Community, in addition, would find it morally unacceptable that their increased use of biofuels and other bioliquidmass could have the effect of destroying bio-diverse lands. For these reasons, it is necessary to provide criteria ensuring that biofuels and other bioliquidmass can only qualify for the incentives when it can be guaranteed that they do not originate in bio-diverse land. The criteria chosen consider, among other types of land, forest as bio-diverse where it is undisturbed by significant human activity (following the definition used by the Food and Agriculture Organisation of the United Nations, the United Nations Economic Commission for Europe and the Ministerial Conference on the Protection of Forests in Europe14) or where it is protected by national laws for nature protection purposes. Further, considering the highly biodiverse nature of certain grasslands, it is also appropriate that biofuelmass made from raw materials originating in such lands should not qualify for the incentives provided for by this Directive. The Commission should establish appropriate criteria and/or geographical ranges to define such highly biodiverse grasslands and other types of land which are highly biodiverse in accordance with the best available scientific evidence and relevant international norms.
Amendment 355 #
Proposal for a directive
Article 2 – point c
Article 2 – point c
(c) “final consumption of energy” means the energy commodities delivered for energy purposes to manufacturing industry, transport, households, services, agriculture, forestry and fisheriesthe final consumer, including the consumption of electricity and heat by the energy branch for electricity and heat production and including losses of electricity and heat in distribution;
Amendment 371 #
Proposal for a directive
Article 2 – point g
Article 2 – point g
(g) “guarantee of origin” means an electronic document which has the function of providing proof that a given quantity of energy was produced from sustainable renewable sources;
Amendment 388 #
Proposal for a directive
Article 3 – paragraph 1
Article 3 – paragraph 1
1. Each Member State shall ensure that the share of energy from renewable sources in final consumption of energy in 2020 is at least their overall target for the share of energy from renewable sources in that year, as set out in the third column of the table in Part A of Annex I, provided that this can be done in a sustainable way.
Amendment 405 #
Proposal for a directive
Article 3 – paragraph 3 – subparagraph 1
Article 3 – paragraph 3 – subparagraph 1
3. Each Member State shall ensure that the share of energy from renewable sources in transport in 2020 is at least 10% of final consumption of energy in transport in that Member State, provided that this can be done in a sustainable way.
Amendment 425 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 2
Article 4 – paragraph 1 – subparagraph 2
The national action plans shall set out Member States’ targets for the shares of energy from renewable sources in transport, electricity and heating and cooling in 2020, and adequate measures to be taken to achieve these targets, including national policies to develop existing biomassrenewable resources and mobilise new biomassrenewable resources for different uses, and the measures to be taken to fulfil the requirements of Articles 12 to 17.
Amendment 492 #
Proposal for a directive
Article 6 – paragraph 1 – subparagraph 2
Article 6 – paragraph 1 – subparagraph 2
To that end, Member States shall ensure that a guarantee of origin is issued in response to a request from afor each unit of energy producer ofd from renewable energyresources. A guarantee of origin shall be of the standard size of 1 MWh. No more than one guarantee of origin shall be issued in respect of each MWh of energy produced.
Amendment 508 #
Proposal for a directive
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Member States shall ensure that all guarantees of origin to be issued in respect of renewable energy generated in a given calendar year are issued, at the latest, three months after the end of that yearleast every 3 months.
Amendment 610 #
Proposal for a directive
Article 9 – paragraph 4 – subparagraph 1
Article 9 – paragraph 4 – subparagraph 1
4. Member States shall notify the Commission of any system of prior authorisation they intend to have in force pursuant to paragraph 2, and any subsequent changes thereto. The Commission shall reject systems of prior authorisation, if they hamper the internal market or distort competition.
Amendment 785 #
Proposal for a directive
Article 15 – title
Article 15 – title
Environmental sustainability criteria for biofuels and other bioliquidall biomass used for energy purposes
Amendment 787 #
Proposal for a directive
Article 15 – paragraph 1
Article 15 – paragraph 1
1. Biofuels and other bioliquidAll biomass used for energy purposes shall be taken into account for the purposes listed under letters (a), (b) and (c) below only if they fulfil the criteria set out in paragraphs 2 to 59: (a) measuring compliance with the requirements of this Directive concerning national targets; (b) measuring compliance with renewable energy obligations; (c) eligibility for financial support for the consumption of biofuels and other bioliquidmass.
Amendment 797 #
Proposal for a directive
Article 15 – paragraph 2
Article 15 – paragraph 2
2. The greenhouse gas emission saving from the use of biofuels and other bioliquidall biomass used for energy purposes taken into account for the purposes referred to in paragraph 1 shall be at least 35%. In the case of biofuels and other bioliquid for transport fuels and 50% for electricity production. All biomass used for energy purposes produced by installations that were in operation in January 2008, the first subparagraph shall apply from 1 April 2013.
Amendment 809 #
Proposal for a directive
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Biofuels and other bioliquidAll biomass used for energy purposes taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with recognised high biodiversity value, or in a radius of 5 km around this land, that is to say land that had one of the following statuses in or after January 2008, whether or not the land still has this status: (a) forest undisturbed by significant human activity, that is to say, forest where there has been no known significant human intervention or where the last significant human intervention was sufficiently long ago to have allowed the natural species composition and processes to have become re-established; (b) areas designated for nature protection purposes, unless evidence is provided that the production of that raw material did not interfere with those purposes; (c) highly biodiverse grassland, that is to say grassland that is species-rich, not fertilised and not degraded. (ca) other lands which are recognised to have a high biodiversity value. The Commission shall establish the criteria and geographic ranges to determine which grassland shall be covered by point (c) by January 2010. Such a measure designed to amend non- essential elements of this Directive shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 21(3).
Amendment 824 #
Proposal for a directive
Article 15 – paragraph 4
Article 15 – paragraph 4
4. Biofuels and other bioliquidAll biomass used for energy purposes taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, that is to say land that had . Constructione of the following statuses in January 2008 and no longer has this status: (a) wetlands, that is to say land that isnew production units will not take place in areas where the loss of carbon dioxide covnserved with or saturated by water permanently or for a significant part of the year, including pristiabove ground cannot be compensated within 10 years. Construction of new peatland; (b) continuously forested areas, that is to say land spanning more than 1 hectroduction units will not take place in areas with trees higher than 5 meters and a canopy cover of more than 30%, or trees able to reach these thresholds in situ; The provisions in 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 2008a high risk of a substantial loss of carbon dioxide conserved underground, for example in certain grasslands, peat soils, mangroves, and wetlands.
Amendment 838 #
Proposal for a directive
Article 15 – paragraphs 4 a–b–c (new)
Article 15 – paragraphs 4 a–b–c (new)
4a. Biomass production for energy purposes may not jeopardize food security and local biomass uses. The Commission shall report on an annual basis on: a) land use changes in the regions of biomass production areas, b) changes in food prices on the world market and in the regions of biomass production areas. 4b. When producing and processing biomass the soil and soil quality will stay the same or be improved: a) no national rules and laws about soil management will be infringed upon, b) when producing and processing biomass, best practices will be used in order to preserve or improve soil and soil quality. 4c. When producing and processing biomass ground- and surface water will not be depleted and water quality will stay the same or be improved: a) no national rules and laws about water management will be infringed upon, b) when producing and processing biomass, best practices will be used in order to minimize water use and preserve or improve water quality, c) when producing and processing biomass no water will be used of non renewable sources.
Amendment 847 #
Proposal for a directive
Article 15 – paragraph 5
Article 15 – paragraph 5
5. Agricultural raw materials cultivated in the Community and used for the production of biofuels and other bioliquidall biomass used for energy purposes taken into account for the purposes referred to in paragraph 1, shall be obtained in accordance with the requirements and standards under the provisions listed in point A of Annex III to Council Regulation (EC) No 1782/200317 under the heading "Environment" and in accordance with the minimum requirements for good agricultural and environmental condition defined pursuant to Article 5(1) of that Regulation.
Amendment 863 #
Proposal for a directive
Article 15 – paragraph 6
Article 15 – paragraph 6
6. Member States shall not refuse to take into account, for the purposes referred to in paragraph 1, biofuel and other bioliquidmass obtained in compliance with this Article, on other grounds of sustainability.
Amendment 879 #
Proposal for a directive
Article 16 – title
Article 16 – title
Amendment 883 #
Proposal for a directive
Article 16 – paragraph 1 – subparagraph 1
Article 16 – paragraph 1 – subparagraph 1
1. Where biofuels and other bioliquidAll biomass used for energy purposes are to be taken into account for the purposes referred to in Article 15(1), Member States shall require economic operators to show that the environmental sustainability criteria set out in Article 15 have been fulfilled. For this purpose they shall require economic operators to use a mass balance system providing the following:
Amendment 1006 #
Proposal for a directive
Article 20 – paragraph 5
Article 20 – paragraph 5
5. In its reports, the Commission shall analyse: (a) the relative environmental benefits and costs of different biofuels, the effects of the Community's import policies thereon, the security of supply implications and the ways of achieving a balanced approach between domestic production and imports; (b) the impact of increased demand for biofuel on the economical and ecological sustainability in the Community and in third countries; (c) the impact of EU biofuel policy on the availability of foodstuffs in exporting countries, the ability of people in developing countries to afford these foodstuffs, and wider development issues; and (d) the impact of increased demand for biomass on biomass using sectors. (da) the implementation of markets for guarantees of origin, including the systems of prior authorizations, (db) the need for a harmonized European incentive mechanism for renewable energy sources. It shall, if appropriate, propose corrective action.
Amendment 1112 #
Proposal for a directive
Annex VII – part C – paragraph 16 – subparagraph 3
Annex VII – part C – paragraph 16 – subparagraph 3
Wastes, agricultural crop residues, including straw, bagasse, husks, cobs and nut shells, and residues from other processing chains, other than biofuel processing chains, with no consisting largely of indigestible compotnential food or feed uses, shall be considered to have zero life-cycle greenhouse gas emissions up to the process of collection of these materials.