55 Amendments of Filip KACZMAREK related to 2012/0288(COD)
Amendment 29 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
Amendment 38 #
Proposal for a directive
Article 2 – point 2 – point a
Article 2 – point 2 – point a
Directive 2009/28/EC
Article 3 – Title
Article 3 – Title
Amendment 53 #
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/CE
Article 17 – paragraph 5a (new)
Article 17 – paragraph 5a (new)
(ba) the following paragraph is inserted: "5a. The biofuels and bioliquids considered for the purposes of points a, b and c of paragraph 1 may not be produced from raw material obtained on land, in the Union or in third countries where the legal or common land rights have been contested or violated or no adequate free, prior and informed consent with the participation of the relevant representative institutions and consultations with affected communities were given."
Amendment 92 #
Proposal for a directive
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
Amendment 123 #
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of such advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework by setting 2% target for advanced biofuels.
Amendment 153 #
Proposal for a directive
Recital 9
Recital 9
Amendment 164 #
Proposal for a directive
Recital 10
Recital 10
Amendment 182 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimated indirect land-use change emissions should be included in the reporting of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks or yield increases, should be assigned a zero emissions factor. .
Amendment 193 #
Proposal for a directive
Recital 12
Recital 12
Amendment 207 #
Proposal for a directive
Recital 18
Recital 18
(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.
Amendment 211 #
Proposal for a directive
Recital 19
Recital 19
(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.
Amendment 216 #
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 239 #
Proposal for a directive
Article 1 – point 1 – point a
Article 1 – point 1 – point a
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
Amendment 260 #
Proposal for a directive
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 98/70/EC
Article 7b – paragraph 3 – subparagraph 2
Article 7b – paragraph 3 – subparagraph 2
Amendment 275 #
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 98/70/EC
Article 7d – paragraph 5 – subparagraph 2
Article 7d – paragraph 5 – subparagraph 2
Amendment 279 #
Proposal for a directive
Article 1 – point 3 – point a
Article 1 – point 3 – point a
Directive 98/70/EC
Article 7d – paragraph 6
Article 7d – paragraph 6
Amendment 284 #
Proposal for a directive
Article 1 – point 3 – point b
Article 1 – point 3 – point b
Directive 98/70/EC
Article 7d – paragraph 7 – subparagraph 1
Article 7d – paragraph 7 – subparagraph 1
Amendment 294 #
Proposal for a directive
Article 1 – point 6
Article 1 – point 6
Directive 98/70/EC
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The Commission shall be empowered to adopt delegatedimplementing acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of the permitted analytical methods referred to in Annexes I, II and III.
Amendment 297 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 2
Article 10a – paragraph 2
2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.
Amendment 301 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 3
Article 10a – paragraph 3
3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 305 #
Proposal for a directive
Article 1 – point 7
Article 1 – point 7
Directive 98/70/EC
Article 10a – paragraph 5
Article 10a – paragraph 5
5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 322 #
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
Amendment 350 #
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil crops shall be no more than 5%, the estimated share at the end of 2011,advanced biofuels shall be no less than 2% of the final consumption of energy in transport in 2020.
Amendment 374 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point i
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point i
Amendment 379 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content with the exception of used cooking oil and animal fats;
Amendment 391 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 2
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 2
The Commission submit a procedure, according to which Member States shall ensure that no raw materials are intentionally modified to be covered by categories (ii) to (iii).
Amendment 397 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 3
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 3
The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 25 (b) concerning the list of feedstock set out in Annex IX'
Amendment 405 #
Proposal for a directive
Article 2 – point 3
Article 2 – point 3
Directive 2009/28/EC
Article 5 – paragraph 5 – second sentence
Article 5 – paragraph 5 – second sentence
The Commission shall be empowered to adopt delegatedimplementing acts in accordance with Article 25 (b)b concerning the adaptation of the energy content of transport fuels as set out in Annex III to scientific and technical progress.
Amendment 419 #
Proposal for a directive
Article 2 – point 5 – point b
Article 2 – point 5 – point b
Directive 2009/28/EC
Article 17 – paragraph 3 – subparagraph 2
Article 17 – paragraph 3 – subparagraph 2
Amendment 425 #
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 6
Article 17 – paragraph 6
(ba) paragraph 6 is replaced by the following: "6. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 obtained from agricultural raw materials cultivated in the Community obtained in accordance with the requirements and standards under the provisions referred to under the common rules for direct support schemes for farmers under the common agricultural policy and establishing certain support schemes for farmers and in accordance with the minimum requirements for good agricultural and environmental condition defined pursuant to Council Regulation (EC) No 73/2009 of 19 January 2009, comply with the sustainability criteria set out in Article 17(3) to (5)."
Amendment 439 #
Proposal for a directive
Article 2 – point 7 – point b
Article 2 – point 7 – point b
Amendment 442 #
Proposal for a directive
Article 2 – point 7 – point c
Article 2 – point 7 – point c
Directive 2009/28/EC
Article 19 – paragraph 6
Article 19 – paragraph 6
Amendment 448 #
Proposal for a directive
Article 2 – point 7 – point d
Article 2 – point 7 – point d
Directive 2009/28/EC
Article 19 – paragraph 7 – subparagraph 1
Article 19 – paragraph 7 – subparagraph 1
Amendment 451 #
Proposal for a directive
Article 2 – point 8
Article 2 – point 8
Directive 2009/28/EC
Article 21
Article 21
8. Paragraph 2 of Article 21 is deleted.
Amendment 455 #
Proposal for a directive
Article 2 – point 9
Article 2 – point 9
Directive 2009/28/EC
Article 22 – paragraph 2
Article 22 – paragraph 2
9. In Article 22, paragraph 2 is replaced by the following: "2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for indirect land-use change emissions set out in Annex VIII."deleted.
Amendment 458 #
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 2
Article 25b – paragraph 2
2. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred on the Commission for an indeterminate period of time5 years from [the date of entry into force of this Directive] with the possibility of extending this period.
Amendment 462 #
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 3
Article 25b – paragraph 3
3. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
Amendment 466 #
Proposal for a directive
Article 2 – point 11
Article 2 – point 11
Directive 2009/28/EC
Article 25b – paragraph 5
Article 25b – paragraph 5
5. A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.
Amendment 474 #
Proposal for a directive
Article 3
Article 3
Amendment 481 #
Proposal for a directive
Article 4 – paragraph 1 – subparagraph 1
Article 4 – paragraph 1 – subparagraph 1
1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [twelve month2 years after adoption] at the latest. They shall forthwith communicate to the Commission the text of those provisions.
Amendment 483 #
Proposal for a directive
Annex I
Annex I
Annex deleted
Amendment 505 #
Proposal for a directive
Annex II – point 1
Annex II – point 1
Directive 98/70/EC
Annex V – part C – points 7, 8, 9
Annex V – part C – points 7, 8, 9
Amendment 513 #
Proposal for a directive
Annex II – point 2
Annex II – point 2
Directive 2009/28/EC
Annex VIII
Annex VIII
Amendment 535 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Part A. Feedstocks whoseith contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content
Amendment 548 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point c
Annex IX – part A – point c
(c) Biomass fraction of industrial waste including decoctions, molasses, fish waste, residues from the production of fish meal, slaughter waste and meat processing waste.
Amendment 549 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point d
Annex IX – part A – point d
(d) Straw and biomass from the maintenance of green areas.
Amendment 550 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point e
Annex IX – part A – point e
(e) Animal manure, liquid manure, slurry, poultry manure, fish excrements and sewage sludge.
Amendment 557 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point i
Annex IX – part A – point i
Amendment 558 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex – part A – point j
Annex – part A – point j
(j) Grape marcsMarcs and bagasse, including sugar cane, sugar beet, grape bagasse and wine lees.
Amendment 559 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point l
Annex IX – part A – point l
(l) HusksNon-food cellulosic material – residues from the gaining and clearing seeds and grains (shells, husks, chaff, cobs etc.).
Amendment 560 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point m
Annex IX – part A – point m
Amendment 592 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – title
Annex IX – part B – title
Amendment 611 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point c
Annex IX – part B – point c
(c) Non-food cellulosic and hemicellulosic material.
Amendment 618 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point d a (new)
Annex IX – part B – point d a (new)
(da) Biomass fraction of degraded lands, agricultural wastelands, marginal lands, useless for food production.
Amendment 619 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part B – point d b (new)
Annex IX – part B – point d b (new)
(db) Biomass of municipal waste, including stale food, waste from grocery shops, kitchen waste, restaurant waste, canteen waste.