Activities of Jan HUITEMA related to 2022/0195(COD)
Plenary speeches (1)
Nature restoration (debate)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council Nature restoration
Amendments (299)
Amendment 75 #
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives as well as ensuring food production in the long-term.
Amendment 88 #
Proposal for a regulation
Recital 13
Recital 13
(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition in all land and sea areas can far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.
Amendment 89 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) It is therefore essential that the implementation of the objectives of this Regulation is carried out taking into account socioeconomic factors, ensuring that the investments needed to reach the restoration targets are made in a way that ensures a fair transition, safeguarding the prosperity of regions and sectors affected by those targets. Simultaneously, to ensure that the transition to a nature- inclusive economy is effective and sustained, special attention should be paid to programmes and investment that support business models under which entrepreneurs benefit from increased biodiversity.
Amendment 94 #
Proposal for a regulation
Recital 17
Recital 17
(17) The Commission’s Communication on adaptation to climate change from 202160 emphasises the need to promote nature-based solutions and recognises that cost-effective adaptation to climate change can be achieved by protecting and restoring wetlands and peatlands as well as coastal and marine ecosystems, by developing urban green spaces and installing green roofs and walls and by promoting and sustainably managing forests and farmland. At sea and in coastal areas, marine and offshore infrastructures should be designed and deployed in such a way as to have positive environmental, economic and social impacts. Offshore infrastructures, such as artificial reefs, can be an important building block for nature-based solutions as they should be characterised by multifunctionality contributing both to nature restoration and economic opportunities. Having a greater number of biodiverse ecosystems leads to a higher resilience to climate change and provides more effective forms of disaster reduction and prevention. _________________ 60 Communication from the European Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions. Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change (COM/2021/82 final).
Amendment 95 #
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. Securing biodiversity and maintaining food production are intrinsically linked. Prime examples of such synergies are the sustainable management of fishing stocks for fisheries and the benefit of soil fertility and pollinators in agriculture. However, those synergies can only be optimised if food producers, such as farmers and fishers, are continuously involved and consulted in relation to the development of relevant measures. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 100 #
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Therefore, the definition of good condition should be linked with the definition of a favourable conservation status of a natural habitat set out in Directive 92/43/EEC. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 102 #
Proposal for a regulation
Recital 26
Recital 26
(26) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achievingmeasures to be taken to reach that goal. Similarly, Directive 2009/147/EC does not establish a deadline for measures for the recovery of bird populations in the Union.
Amendment 109 #
Proposal for a regulation
Recital 29
Recital 29
(29) It is necessary that the restoration measures for habitat types are adequate and suitable to reach good condition and the favourable reference areas as swiftly as possible, with a view to achieving their favourable conservation status. It is important that the restoration measures are those necessary to achieve the time-bound and quantified area-based targets. It is also necessary that the restoration measures for the habitats of the species are adequate and suitable to reach their sufficient quality and quantity as swiftly as possible with a view to achieving the favourable conservation status of the species. When setting those targets Member States should also ensure that proper consideration has been given in relation to spatial planning for current and future public interests.
Amendment 130 #
Proposal for a regulation
Recital 38
Recital 38
(38) Where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated, the common fisheries policy applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council68 provides, in particular, that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised while at the same time ensuring that the resources are managed in a way that is consistent with the objectives of achieving economic, social and employment benefits, and of contributing to the availability of food supplies. That Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. _________________ 68 Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (OJ L 354, 28.12.2013, p. 22).
Amendment 132 #
Proposal for a regulation
–
–
The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to propose rejection of the Commission proposal.
Amendment 134 #
Proposal for a regulation
Recital 38 a (new)
Recital 38 a (new)
(38a) The Treaty on the Functioning of the European Union (TFEU) provides for a system where several stocks of fish are annually managed at Union level, and where fishing opportunities and accompanying measures and conditions are set. Further technical measures in relation to management of fish stocks and the conduct of fishing operations are laid down in Regulation (EU) 2019/1241. Therefore, the above mentioned measures should also contribute to achieving the objectives of this Regulation, and fish stocks for which measures already exist should not be added to Annex III of this Regulation.
Amendment 139 #
Proposal for a regulation
Recital 39 a (new)
Recital 39 a (new)
(39a) The Council and the Commission play an important overall role for the sustainable management of fish stocks in Union waters, especially in relation to their obligations under the Article 43 TFEU.
Amendment 140 #
Proposal for a regulation
Recital 40
Recital 40
(40) Directive 2008/56/EC requires Member States to cooperate bilaterally and within regional and sub-regional cooperation mechanisms, including through regional sea conventions69 , as well as, where fisheries measures are concerned, in the context of the regional groups established under the common fisheries policy. (CFP). The Commission has a special role in facilitating such cooperation and coordination as well as the responsibility to take action if needed in accordance with the rules of the CFP. _________________ 69 The Convention for the Protection of the Marine Environment in the North-East Atlantic of 1992 – the OSPAR Convention (OSPAR), the Convention on the Protection of the Marine Environment in the Baltic Sea Area of 1992 – the Helsinki Convention (HELCOM), the Convention for the Protection of Marine Environment and the Coastal Region of the Mediterranean of 1995 – the Barcelona Convention (UNEP-MAP) and the Convention for the Protection of the Black Sea of 1992 – the Bucharest Convention.
Amendment 147 #
Proposal for a regulation
Recital 42
Recital 42
(42) To support the restoration and non- deterioration of terrestrial, freshwater, coastal and marine habitats, Member States have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures. Such designation should always be done using an inclusive process, which ensures proper consultation of all relevant actors concerned.
Amendment 150 #
Proposal for a regulation
Recital 43 a (new)
Recital 43 a (new)
(43a) Offshore infrastructures planned as measures in the national restoration plans should be in line with relevant provisions of Directive 2014/89/EU69a which sets out that offshore infrastructures should be designed in such way as to contribute to the restoration of marine ecosystems and fish stocks. _________________ 69a OJ L 257, 28.8.2014, p. 135.
Amendment 159 #
Proposal for a regulation
Recital 65
Recital 65
(65) The European Environment Agency (the ‘EEA’) and the European Fisheries Control Agency (the 'EFCA') should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations.
Amendment 160 #
Proposal for a regulation
Recital 69
Recital 69
(69) The Commission should report on the progress made by Member States towards meeting the restoration targets and obligations of this Regulation on the basis of Union-wide progress reports drawn up by the EEA as well as other analysis and reports made available by Member States in relevant policy areas such as nature, marine and water policy. The Commission should also be assisted, where relevant, by the European Fisheries Control Agency (EFCA).
Amendment 165 #
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 to the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries out appropriate consultations, with all relevant stakeholders, 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 188 #
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, effective and area-based restoration measures which together shallith the aim to jointly cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.
Amendment 190 #
Proposal for a regulation
–
–
The European Parliament rejects the Commission proposal.
Amendment 201 #
Proposal for a regulation
Recital 1
Recital 1
(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the Union territory, while ensuring the food security and the economic viability of sectors concerned by this regulation. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.
Amendment 202 #
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 itsby taking measures that contribute towards or to good condition and the favourable reference area of a habitat type, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 205 #
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 characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long- term maintenanceof a habitat type where the specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future and contributes to achieving a favourable conservation status of a natural habitat as defined in Article 1, point (e) of Directive 92/43/EEC and contributes to achieving a good environmental status in line with Directive 2005/56/EC;
Amendment 213 #
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 taking into account the areas of the same habitat type in neighbouring countries and their state and, if that area is not sufficient, the area necessary for the re- establishment of the habitat type;
Amendment 214 #
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-term basis as a viable component of its habitat in its natural range in line with the definition of favourable conservation status of a species set out in Article 1(i) of Directive 92/43/EEC;
Amendment 215 #
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-term basis as a viable component of its habitat in its natural range in line with the definition of favourable conservation status of a species set out in Article 1(i) of Directive 92/43/EEC;
Amendment 220 #
Proposal for a regulation
Article 3 – paragraph 1 – point 15 a (new)
Article 3 – paragraph 1 – point 15 a (new)
(15a) ‘Marine infrastructures with a positive impact’ means marine and offshore facilities that perform specific nature restoration functions while generating economic and social benefits.
Amendment 247 #
Proposal for a regulation
Recital 13 a (new)
Recital 13 a (new)
(13a) In order for the implementation of this regulation to be successful, socio- economic impact should be taken into account. A socio-economic impact assessment, evaluating the effect on ownership rights, the overall economy as well as the economic effect on affected sectors, food security, energy production and infrastructure developments, among others, should therefore be carried out before the draft national restoration plan is drafted and submitted, so findings from the impact assessment can be respected in the national restoration plan.
Amendment 255 #
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 condition 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 area of each group of habitat types listed in Annex II that is 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. This obligation only applies to the total area of the habitat type equal to the favourable reference area.
Amendment 266 #
Proposal for a regulation
Recital 19
Recital 19
(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems.62 Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. Securing biodiversity and maintaining food production are intrinsically linked. Prime examples of such synergies are the sustainable management of fishing stocks for fisheries and the benefit of soil fertility and pollinators in agriculture. However, those synergies can only be optimised if food producers, such as farmers and fishers, are continuously involved and consulted in relation to the development of relevant measures. _________________ 62 Communication from the Commission to the European Parliament, the Council, the European, Economic and Social Committee and the Committee of the Regions, Safeguarding food security and reinforcing the resilience of food systems, COM (2022) 133 final.
Amendment 267 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. 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. 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 types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050. to reach the total favourable reference area. Such measures shall be in place in areas necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article;
Amendment 278 #
Proposal for a regulation
Article 5 – paragraph 3 – subparagraph 1 (new)
Article 5 – paragraph 3 – subparagraph 1 (new)
When designing the measures referred to in paragraphs 1, 2 and 3 of this Article, Member States shall, to the largest extent possible, plan the measure so as current and future economic activity in the areas can take place, such as fishing activities. When defining these measures Member States shall take into account provisions and measures for other species taken in accordance with Article 43(3) TFEU. In that regard, fish stocks for which total allowable catches apply under the CFP shall not be added to Annex III to this Regulation.
Amendment 279 #
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 shall be based on the best available knowledge 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, 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 bthe Member State considcerned as not being in good conditionshall rectify that data gap in accordance with Article 11(1) and Article 12.2(ba).
Amendment 285 #
Proposal for a regulation
Recital 24
Recital 24
(24) A framework and guidance67 already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Therefore should the definition of good condition be linked with the definition of a favourable conservation status of a natural habitat set out in Directive 92/43/EEC. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems. _________________ 67 DG Environment. 2017, “Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018” and DG Environment 2013, “Interpretation manual of European Union habitats Eur 28”.
Amendment 286 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4a. When determining the most suitable areas referred to in paragraph 4, Member States shall take into account socio-economic aspects as well as ensuring that future spatial planning will not be disproportionately hampered. Member States shall also utilise the full potential of coordination and synergies of designating those areas in Marine Protected Areas (MPAs) such as Natura 2000 areas, or in areas which Member States are planning to designate as MPAs.
Amendment 287 #
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. Member States shall cooperate and coordinate with neighbouring Member States in this regard.
Amendment 292 #
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 3 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 areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate.
Amendment 295 #
Proposal for a regulation
Recital 26
Recital 26
(26) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achieving that goal. Similarly, Directive 2009/147/EC does not establish a deadline for theDirective 2009/147/EC aims to recovery of bird populations in the Union.
Amendment 297 #
Proposal for a regulation
Recital 27
Recital 27
(27) Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the groupMember States should be further supported in taking measures to meet their obligations to improve the condition of protected habitat types across the Union to achieve favourable conservation status of those habitat types in the Union, as is their obligation under existing nature legislation such as Directive 92/43/EEC and Directive 2009/147/EC.
Amendment 300 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 309 #
Proposal for a regulation
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Outside Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 6 and 710 is justified if caused by:
Amendment 309 #
Proposal for a regulation
Recital 31
Recital 31
(31) In order to ensure that the restoration measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. However, a continuous improvement should not be made legally binding, since Member States cannot always prevent there will be a year in which the conditions of habitats lowers, due to various natural circumstances.
Amendment 311 #
Proposal for a regulation
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations, which are directly caused by climate changeevents such as climate change, third countries, non-preventable pest and diseases; or
Amendment 313 #
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of overriding public interest, including those of a social or economic nature, for which no less damaging alternative solutions are available, to be determined on a case by case basis.
Amendment 314 #
Proposal for a regulation
Recital 32
Recital 32
(32) It is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, show a continuous improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species. However, a continuous improvement should not be made legally binding, since Member States cannot always prevent there will be a year in which the conditions of habitats lowers, due to various natural circumstances.
Amendment 316 #
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
9. For Natura 2000 sites, the non- fulfilment of the obligation set out in paragraphs 6 and 710, is justified if caused by:
Amendment 321 #
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 events such as climate change, third countries, non-preventable pest and diseases; or
Amendment 329 #
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, calculated as an average over the five preceding years;
Amendment 331 #
Proposal for a regulation
Recital 35
Recital 35
(35) It is important that Member States take measures with the aim to prevent that the areas covered by habitat types falling within the scope of this Regulation do not, deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of a plan or project, or needs of overriding public interest, for which no less damaging alternative solutions are available, to be determined on a case by case basis, or of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC.
Amendment 333 #
Proposal for a regulation
Article 5 – paragraph 10 – point b
Article 5 – paragraph 10 – point b
(b) a positive trend long-term towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC calculated as an average over the five preceding years.
Amendment 353 #
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 years andbased on the best available knowledge and the latest scientific evidence and taking into account the projected changes to environmental conditions due to climate change;
Amendment 356 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point iv a (new)
Article 11 – paragraph 2 – point a – point iv a (new)
(iva) The area that is expected to be needed for future spatial planning in order to cater for different public interests until 2050;
Amendment 365 #
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies and potential conflicts with food production and ensuring food security, as well as synergies and potential conflicts with climate change mitigation, climate change adaptation and disaster prevention, and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 368 #
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 natureand productive ecosystems across the Union’s land and sea areas through the restoration of degraded ecosystems;
Amendment 369 #
(ca) the objectives set out in Article 2 of Regulation (EU) No 1380/2013 are respected.
Amendment 373 #
Proposal for a regulation
Article 1 – paragraph 1 – point b
Article 1 – paragraph 1 – point b
(b) achieving the Union’s overarching objectives concerning sustainable development, including climate change mitigation and climate change adaptation, biodiversity protection and food and energy security;
Amendment 384 #
Proposal for a regulation
Article 1 – paragraph 2
Article 1 – paragraph 2
2. This Regulation establishes a framework within which Member States shall put irepare national restoration placens, without delay, effective and area-based the aim to achieve effective restoration measures which together shallin the EU shall aim to cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all degraded ecosystems in need of restoration.
Amendment 389 #
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 effective and that the public is given early and effective opportunities to participate in its elaboration and especially the organisations representing public interests affected by the plan. Member States shall also cooperate and coordinate with other Member States, including affected stakeholders and members of the public of other Member States, especially in relation to the content of the plan to be provided pursuant to Article 12(3). Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.
Amendment 398 #
Proposal for a regulation
Article 12 – paragraph 1
Article 12 – paragraph 1
1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10. The measures to be put in place until 2030 shall be given priority especially when fulfilling the obligations set out in paragraph 2 points (b), (f), (g), (i), (j), (k)(iv), (l), (m) and paragraph 3.
Amendment 399 #
Proposal for a regulation
Recital 50
Recital 50
(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a general obligationupport Member States in taking measures to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligationprogress on the basis of existing indicators.
Amendment 401 #
Proposal for a regulation
Article 3 – paragraph 1 – point 1 a (new)
Article 3 – paragraph 1 – point 1 a (new)
(1 a) ‘degraded ecosystem’ means an ecosystem that is not able to provide ecosystem services and host species and habitats characteristic to, it as defined in Article 6 point 2 on Directive 92/43/EEC;
Amendment 407 #
Proposal for a regulation
Article 12 – paragraph 2 – point b a (new)
Article 12 – paragraph 2 – point b a (new)
(ba) a plan for closing the knowledge gaps identified and a timetable for how the findings will be included in upcoming reviews of the national restoration plan;
Amendment 409 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) an indication of the measures to ensurehat aim to prevent that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that an indication of the measures aim to prevent that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);
Amendment 409 #
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 degraded ecosystem towards or to good condition, of a habitat type to the highest level of condition attainablefavourable conservation status as defined in Article 1(e) of Directive 92/43/EEC and to its favourable reference area, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 412 #
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) an indication of the measures to ensurethat aim to prevent that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7);
Amendment 415 #
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigation and food production associated with the restoration measures over time, as well as wider socio- economic benefits of those measures;
Amendment 416 #
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 characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long- term maintenanceowards achieving the status of favourable as defined in Article 1(e) of Directive 92/43/EEC and contribute sustainable development goals, without excluding active land use nor management activities oriented at climate change mitigation or extreme events prevention;
Amendment 417 #
Proposal for a regulation
Recital 52
Recital 52
(52) High-diversity landscape features on agricultural land, includingsuch as grazing land, contiguous organic farmland, buffer strips, rotational or non-rotational fallow land, hedgerows, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.
Amendment 419 #
Proposal for a regulation
Article 12 – paragraph 2 – point l a (new)
Article 12 – paragraph 2 – point l a (new)
(la) a description of existing and possible additional programmes which contribute to the development of business models that contribute to the goals of this regulation, including for the fisheries, aquaculture and agriculture sectors;
Amendment 423 #
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 local communities and stakeholders have been considered, including how organisations representing the public interest affected by the plan have been consulted;
Amendment 423 #
Proposal for a regulation
Recital 54
Recital 54
(54) Restoration and rewetting79 of organic soils80 in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. _________________ 79 Rewetting is the process of changing a drained soil into a wet soil. Chapter 1 of IPCC 2014, 2013 and Supplement to the 2006 IPCC Guidelines for National Greenhouse Gas Inventories: Wetlands, Hiraishi, T., Krug, T., Tanabe, K., Srivastava, N., Baasansuren, J., Fukuda, M. and Troxler, T.G. (eds). 80 The term ‘organic soil’ is defined in IPCC 2006, 2006 IPCC Guidelines for National Greenhouse Gas Inventories, Prepared by the National Greenhouse Gas Inventories Programme, Eggleston H.S., Buendia L., Miwa K., Ngara T. and Tanabe K. (eds).
Amendment 424 #
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 viabilitygood condition 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 typewhile duly taking into account the socio economic effects as laid out in the national restoration plan;
Amendment 427 #
Proposal for a regulation
Article 12 – paragraph 3
Article 12 – paragraph 3
3. The national restoration plans shall, where applicable, include the conservation measures that a Member State intends to adopt under the common fisheries policy, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013, and any relevant information on those measures. The national restoration plans shall also include a description of to what extent those measures have been developed and coordinated with other Member States concerned.
Amendment 432 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall adopt implementing acts to establish a uniform format for the national restoration plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). The Commission shall be assisted by the European Environmental Agency (EEA) and the European Fisheries Control Agency (EFCA), where relevant, when drawing up the uniform format.
Amendment 432 #
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-term basis as a viable component of its habitat in its natural rangeis necessary for reaching or maintaining favourable conservation status of species in line with Directive 92/43/EEC Article 1 point (i) and listed in Annex II;
Amendment 434 #
Proposal for a regulation
Article 13 – paragraph 1 – subparagraph 1 (new)
Article 13 – paragraph 1 – subparagraph 1 (new)
The Commission may grant, upon the request of a Member State, extension of the time limit for submission of the draft national restoration plan. Such a request shall duly justify the delay and clearly outline what the additional time is needed for. The approval of such a request shall neither hamper the effectiveness of the Commission to assess the synergies between different Member States' national restoration plans nor risk the achievement of the targets set in this Regulation.
Amendment 435 #
Proposal for a regulation
Article 14 – paragraph 2 – subparagraph 1 (new)
Article 14 – paragraph 2 – subparagraph 1 (new)
The Commission shall focus on the detailed outline of the measures until 2030 as measures beyond this time horizon would be described in more general terms.
Amendment 436 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. For the purpose of the assessment of the draft national restoration plans, the Commission shall be assisted by experts or the EEA or the EFCA.
Amendment 441 #
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 107 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, especially those due to climate change. The Member States shall in particular review the favourable reference areas needed to achieve the objectives of this Regulation, taking into account the best available scientific knowledge and challenges in spatial planning.
Amendment 441 #
Proposal for a regulation
Recital 57
Recital 57
(57) Restoration measures need to be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the share of forests with uneven-aged structure, forest connectivity, the common forest bird index82 , and the stock of organic carbon. _________________ 82 Common bird index (EU aggregate) - Products Datasets - Eurostat (europa.eu), it is appropriate that Member States select at least six forest ecosystem indicators from the list developed by Forest Europe, State of Europe's Forest's 2020, criterion 1 - 5.
Amendment 447 #
Proposal for a regulation
Article 15 – paragraph 1 – subparagraph 1 (new)
Article 15 – paragraph 1 – subparagraph 1 (new)
When reviewing their national restoration plan Member States shall consult, coordinate and cooperate with other Member States concerned, including the relevant stakeholders of those Member States when reviewing the plan.
Amendment 454 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation affected by the national restoration plan, in particular those promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.
Amendment 458 #
Proposal for a regulation
Article 17 a (new)
Article 17 a (new)
Article 17 a Monitoring of implementation of measures in marine areas The Commission shall monitor progress in relation to deadlines for measures included in the national restoration plan pursuant to Article 12(3). If lack of implementation in relation to these measures is detected the Commission shall use the tools provided for under Article 11 of Regulation (EU) No 1380/2013.
Amendment 459 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Member States shall electronically report the following data and information to the Commission , assisted by the EEA and EFCA where relevant, at least every three years:
Amendment 461 #
Proposal for a regulation
Recital 60
Recital 60
(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/200184 , Regulation (EU) 2018/199985 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources86 , in particular, during the preparation of national restoration plans, Member States should take account of the potential for renewable energy projects to make contributions towards meeting nature restoration objectives, energy supply and storage, the possibility to fulfil the national energy and climate plans (NECPs) and the security of the Member State’s energy system. _________________ 84 Directive (EU) 2018/2001 of the European Parliament and of the Council of 11 December 2018 on the promotion of the use of energy from renewable sources (OJ L 328, 21.12.2018, p. 82). 85 Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the Governance of the Energy Union and Climate Action, amending Regulations (EC) No 663/2009 and (EC) No 715/2009 of the European Parliament and of the Council, Directives 94/22/EC, 98/70/EC, 2009/31/EC, 2009/73/EC, 2010/31/EU, 2012/27/EU and 2013/30/EU of the European Parliament and of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 86 Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (OJ L 350, 28.12.1998, p. 58).
Amendment 466 #
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 condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be put in place on at least 30 % of the area of each group of habitat types listed in Annex I that is 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 468 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall, by … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] assess the usage of Annex I and II in Directive 2009/147/EC and Annex II, IV and V in Directive 92/43/EEC, for the purpose of this Regulation, to enable the protection status of species to be adapted as soon as the desired conservation status has been reached, using the procedure foreseen in Article 19 of Directive 92/43/EEC.
Amendment 481 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. 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 types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050necessary to ensure the fulfilment of the goals laid down in paragraph 1 of this Article.
Amendment 485 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall, within Natura 2000 sites and other strictly protected areas, 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.
Amendment 495 #
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 knowledge 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 considfirst evaluated so that the Member State concerned as not being in good conditionreports the missing data before considering the restoration measures to be implemented.
Amendment 503 #
Proposal for a regulation
Article 4 – paragraph 4 a (new)
Article 4 – paragraph 4 a (new)
4 a. When putting in place the restoration measures referred to paragraphs 1, 2 and 3, Member States shall to the maximum extent possible address areas which are not needed or used for renewable energy generation, agriculture production, forestry or infrastructure development, taking into account cost-effectiveness while ensuring flexibility in current and future spatial planning.
Amendment 511 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall aim to 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 thetotal national area in good condition and the total amount of area with sufficient quality of the habitats of the species referred to in paragraph 31, 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 species has been reached, do not deteriorat2 and 3, does not decrease over time.
Amendment 524 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
7. Member States shall aim to ensure that areas where the habitat types listed in Annex I occur do not deteriorateobligations arising from Article 6 point 2 of Directive 92/43/EEC are fullfilled inside the Natura 2000 network.
Amendment 525 #
Proposal for a regulation
Recital 76
Recital 76
(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council108 . _________________ 108 Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by the Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).
Amendment 527 #
Proposal for a regulation
Annex VII – point 26
Annex VII – point 26
(26) Provide structures, including marine infrastructures with a positive impact such as artificial reefs, or substrates to encourage the return of marine life, for example coral/oyster/boulder reefs.
Amendment 532 #
Proposal for a regulation
Article 4 – paragraph 8
Article 4 – paragraph 8
Amendment 561 #
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. For Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 1, 2, 3, 6 and 7, is justified if it is caused by:
Amendment 570 #
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directly caused by events such as climate change: or nature disaster, storms, wildfires, pests, bugs or other abiotic factors out of human control;
Amendment 581 #
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, effective and area-based restoration measures which together shallith the aim to jointly cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystemhabitats in need of restoration.
Amendment 582 #
Proposal for a regulation
Article 4 – paragraph 9 – point c a (new)
Article 4 – paragraph 9 – point c a (new)
(c a) measures to ensure food security;
Amendment 584 #
Proposal for a regulation
Article 4 – paragraph 9 – point c b (new)
Article 4 – paragraph 9 – point c b (new)
(c b) action or inaction for which the Member State concerned is not responsible;
Amendment 585 #
Proposal for a regulation
Article 4 – paragraph 9 – point c c (new)
Article 4 – paragraph 9 – point c c (new)
(c c) renewable energy production and energy storage in line with the national energy and climate plans, that are importance for securing the energy systems of a Member State;
Amendment 588 #
Proposal for a regulation
Article 4 – paragraph 10 – introductory part
Article 4 – paragraph 10 – introductory part
10. Member States shall ensure thataim that inside the Natura 2000 network there is:
Amendment 589 #
Proposal for a regulation
Article 4 – paragraph 10 – point a
Article 4 – paragraph 10 – point a
(a) an increase of habitat area in good condition 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 reachedbased on the national restoration plan;
Amendment 595 #
Proposal for a regulation
Article 4 – paragraph 10 – point b
Article 4 – paragraph 10 – point b
(b) an increasing trend towards the sufficient quality and quantity of the relevant 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/ECbased on the national restoration plan.
Amendment 603 #
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 condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be put in place on at least 30 % of the area of each group of habitat types listed in Annex II that is 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 605 #
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 ecosys habitat by taking measures that contributem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area and to its favourable reference area to meet a favourable status as defined in article 1(e) of Directive 92/43/EEC, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience;
Amendment 608 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. 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. Such measures shall be in place oin areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article.
Amendment 610 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall, within Natura 2000 sites and other stricly protected areas, put in place the restoration measures for the marine habitats of species listed in Annex III and 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 achieved.
Amendment 613 #
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 shall be based on the best available knowledge 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, 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 considfirst evaluated so that the Member State concerned as not being in good condition.reports the missing data before considering the restoration measures to be implemented
Amendment 616 #
Proposal for a regulation
Article 5 – paragraph 4 a (new)
Article 5 – paragraph 4 a (new)
4 a. When putting in place the restoration measures referred to paragraphs 1, 2 and 3, Member States shall to the maximum extent possible address areas which are not needed or used for renewable energy generation, agriculture production or fishery, taking into account cost-effectiveness.
Amendment 617 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall aim to ensure that the areas that are subject to restoration measuthe total aresa in accordance with paragraphs 1, 2 and 3 show a continuous improvement in thegood condition ofand 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 areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorattotal amount of area with sufficient quality of the habitats of the species referred to in paragraph 1, 2 and 3 does not decrease over time.
Amendment 621 #
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 characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long- term maintenancea habitat or a habitat of species contributes towards achieving the status of favourable, as it defined in article 1(e) of Directive 92/43/EEC;
Amendment 621 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
7. Member States shall aim to ensure that areas where the habitat types listed in Annex II occur do not deteriorateobligations arising from Article 6 point 2 of Directive 92/43/EEC are fullfilled inside the Natura 2000 network.
Amendment 622 #
Proposal for a regulation
Article 5 – paragraph 8
Article 5 – paragraph 8
Amendment 631 #
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
9. For Natura 2000 sites, the non- fulfilment of the obligation set out in paragraphs 1, 2, 3, 6 and 7, is justified if caused by:
Amendment 633 #
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: orevents such as climate change or nature disasters, storms, wildfires, pests, bugs or other abiotic factors out of human control;
Amendment 638 #
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 or at cross border level that is considered the minimum necessary to ensure the long- term viabilitya good condition 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 typewhile duly taking into account the socio economic effects as laid out in the national restoration plan;
Amendment 638 #
Proposal for a regulation
Article 5 – paragraph 9 – point c a (new)
Article 5 – paragraph 9 – point c a (new)
(c a) measures to ensure food security;
Amendment 640 #
Proposal for a regulation
Article 5 – paragraph 9 – point c b (new)
Article 5 – paragraph 9 – point c b (new)
(c b) action or inaction for which the Member State concerned is not responsible;
Amendment 641 #
Proposal for a regulation
Article 5 – paragraph 9 – point c c (new)
Article 5 – paragraph 9 – point c c (new)
(c c) renewable energy production and energy storage in line with the national energy and climate plans, that are importance for securing the energy systems of a Member State;
Amendment 642 #
Proposal for a regulation
Article 5 – paragraph 10 – introductory part
Article 5 – paragraph 10 – introductory part
10. Member States shall ensure thataim that inside the Natura 2000 network there is:
Amendment 645 #
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-term basis as a viable component of its habitat in its natural range, in line with the definition of favourable conservation status of Article 1(i) of Directive 92/43/EEC;
Amendment 645 #
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 reachedbased on the national restoration plan;
Amendment 646 #
Proposal for a regulation
Article 5 – paragraph 10 – point b
Article 5 – paragraph 10 – point b
(b) a positive trend towards the sufficient quality and quantity of the relevant marine habitats of the species listbased ion Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.the national restoration plan;
Amendment 651 #
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-term basis as a viable component of its habitat in its natural range, in line with the definition of favourable conservation status of Article 1(i) of Directive 92/43/EEC;
Amendment 670 #
Proposal for a regulation
Article 7 – paragraph 2
Article 7 – paragraph 2
2. Member States shall remove or when relevant apply alternative methods with the same effect the barriers to longitudinal and lateral connectivity of surface waters identified 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 naviga or of importance for fulfilling the national energy and climate plans and securing the energy system of a Member State, inland navigation, food production, water supply or other uses.
Amendment 680 #
Proposal for a regulation
Article 8 – paragraph 1
Article 8 – paragraph 1
1. Member States shall put in place measures aiming at reverseing the decline of pollinator populations by 2030 and achieve thereafter an increasing trend of pollinator populations, measured every three years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3).
Amendment 700 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3)while taking into account the effects on economically viable food production and food security.
Amendment 707 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shall aim to achieve an increasing trend at national level of each of the followingthe indicators in agricultural ecosystems, as further specifor the relevant Common Agricultural Policy Indicators from the Regulation (EU) 2021/2115 Annex III, defined in Annex IVby Member States in the National Restoration Plan, 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 711 #
Proposal for a regulation
Article 4 – paragraph 1
Article 4 – paragraph 1
1. Member States shall, while duly respecting the outcome of the socio economic assessment in the national restoration plan, put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. 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 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 713 #
Proposal for a regulation
Article 9 – paragraph 2 – point a
Article 9 – paragraph 2 – point a
Amendment 717 #
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 condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be put in place on at least 30 % of the area of each group of habitat types listed in Annex I that is 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 719 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 725 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
Amendment 735 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place oin areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article;
Amendment 736 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. Member States shall, while duly respecting the outcome of the socio- economic assessment in the national restoration plan, put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. 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 types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.
Amendment 740 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensure thatachieve a positive trend in the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 100, reaches the following levels:
Amendment 743 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States shall, within Natura 2000 sites and other strictly protected areas, 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. When designing the measures referred to in paragraphs 1, 2 and 3 of this Article, Member States shall, to the largest extent possible, plan the measures so as current and future economic activity in the areas can take place and spatial planning is not disproportionately hampered, in order to address current and future challenges such as climate change, food security, affordable housing and infrastructure development.
Amendment 745 #
Proposal for a regulation
Article 9 – paragraph 3 – point a
Article 9 – paragraph 3 – point a
Amendment 754 #
Proposal for a regulation
Article 9 – paragraph 3 – point b
Article 9 – paragraph 3 – point b
Amendment 758 #
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 knowledge 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 conditionthe Member State concerned shall rectify that data gap in accordance with Article 11(1). When determining the most suitable areas referred to in paragraph 4, Member States shall take into account socio-economic aspects as well as ensuring that future spatial planning will not be disproportionately hampered. Member States shall also utilise the full potential of coordination and synergies of designating those areas within Natura 2000 sites and other strictly protected areas.
Amendment 759 #
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 knowledge 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 conditionWhen putting in place the restoration measures referred to in paragraphs 1, 2 and 3, Member States shall to the maximum extent possible address areas which are not needed or used for renewable energy generation, agriculture production, forestry or infrastructure development. For areas where the habitat types listed in Annex I are in unknown condition, Member States need to take every measure to retrieve the necessary data, and only subsequently assess the condition of them and decide on measures needed.
Amendment 759 #
Proposal for a regulation
Article 9 – paragraph 3 a (new)
Article 9 – paragraph 3 a (new)
3 a. If the obligations of this paragraph cannot be reached due to action or inaction for which the Member State concerned is not responsible, Member States shall provide an explanation, as part of reporting in accordance with Article 18(2), point (a)
Amendment 770 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures, while ensuring synergies with agricultural production. Those measures shall be in place on at least:
Amendment 780 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted;
Amendment 786 #
Proposal for a regulation
Article 4 – paragraph 6
Article 4 – paragraph 6
6. Member States shall aim to 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 thetotal national area in good condition and the total amount of area with a sufficient quality of the habitats of the species referred to in paragraph 31, 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 species has been reached, do not deteriorat2, and 3 does not decrease over time.
Amendment 795 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least half shall be rewetted;
Amendment 799 #
Proposal for a regulation
Article 4 – paragraph 7
Article 4 – paragraph 7
Amendment 809 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetted.
Amendment 827 #
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 toincluding rewetting 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).
Amendment 828 #
Proposal for a regulation
Article 4 – paragraph 8 – introductory part
Article 4 – paragraph 8 – introductory part
8. Outside Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 61, 2, 3 and 76 is justified if it is caused by:
Amendment 829 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 3 a (new)
Article 9 – paragraph 4 – subparagraph 3 a (new)
The non-fulfilment of the obligation set out in paragraph 2, 3 and 4 is justified if caused by force majeure, including natural disasters; unavoidable habitat transformations which are directly and indirectly caused by climate change.
Amendment 836 #
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, taking into account social and economic requirements, to enhance resilience, vitality and biodiversity ofin degraded forest ecosystems, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).
Amendment 838 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, as further set out in Annex VI,select the indicators, on which data is attainable at the national level, which best describe forest biodiversity trends that are necessary for resilient, vital and healthy forest and achieve an increasing trend at national level 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: . Member States should select at least six appropriate indicators from the list developed by the Forest Europe, State of Europe’s Forests 2020, criterion 1, 2, 3, 4 and 5.
Amendment 841 #
Proposal for a regulation
Article 4 – paragraph 8 – point b
Article 4 – paragraph 8 – point b
(b) unavoidable habitat transformations which are directlyfor example caused by climate change, third countries, non-preventable pests and diseases, natural disasters; or
Amendment 845 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 851 #
Amendment 854 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 857 #
Proposal for a regulation
Article 4 – paragraph 8 – point c
Article 4 – paragraph 8 – point c
(c) a project of private or public overriding public interest for which no less damaging and beneficial social efficient alternative solutions are available, to be determas defined oin a case by case basis.the national restoration plan; or
Amendment 860 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 865 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 868 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 874 #
Proposal for a regulation
Article 4 – paragraph 8 – point c a (new)
Article 4 – paragraph 8 – point c a (new)
(ca) measures to ensure food security; or
Amendment 875 #
Proposal for a regulation
Article 4 – paragraph 8 – point c b (new)
Article 4 – paragraph 8 – point c b (new)
(cb) renewable energy production and energy storage that is of importance for fulfilling the national energy and climate plans (NECPs) and securing the energy system of a Member State.
Amendment 883 #
Proposal for a regulation
Article 4 – paragraph 9 – introductory part
Article 4 – paragraph 9 – introductory part
9. For Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 61, 2, 3 and 76, is justified if it is caused by:
Amendment 892 #
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 necessaryaim to meet the targets and obligations set out in Articles 4 to 10, taking into account the latest scientific evidence., local conditions, cost- effectiveness and socio economic impact
Amendment 896 #
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 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 on the socio economic impact assessment, amongst others, on the following information:
Amendment 899 #
Proposal for a regulation
Article 11 – paragraph 2 – point a – point i
Article 11 – paragraph 2 – point a – point i
(i) the total habitat area and a map of its current distribution inside the Natura 2000 network;
Amendment 902 #
Proposal for a regulation
Article 4 – paragraph 9 – point b
Article 4 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directlyfor example caused by climate change:, third countries, non-preventable pests and diseases, natural disasters; or
Amendment 911 #
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 years andrelevant best available scientific knowledge and based on the projcollected changes to environmental conditions due to climate changedata on nature restoration efforts since the entry into force of directive 92/43/EEC and Directive 2009/147/EC;
Amendment 920 #
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 and possibly competing interests of different habitats and species;
Amendment 927 #
Proposal for a regulation
Article 4 – paragraph 10
Article 4 – paragraph 10
Amendment 939 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall set, in collaboration with relevant stakeholders, 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 local needs and, if available, the framework referred to in Article 17(9).
Amendment 947 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
4. Member States shall identify and map the agricultural and forestdegraded areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversity.
Amendment 952 #
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 condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be put in place on at least 30 % of the area of each group of habitat types listed in Annex II that is 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 958 #
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
Amendment 960 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with existing and future energy plan including renewable energy the designation of the renewables go- to areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged.as defined in Directive xxx (need to adjust with RED regulation under negotiation)
Amendment 965 #
Proposal for a regulation
Article 11 – paragraph 7 – point a a (new)
Article 11 – paragraph 7 – point a a (new)
(a a) the socio economic impact assessment, taking into account the whole society from rural to urban areas;
Amendment 972 #
Proposal for a regulation
Article 11 – paragraph 7 – point g a (new)
Article 11 – paragraph 7 – point g a (new)
(g a) conservation, diversification and environmental measures adopted under the Common Agricultural policy, in line with the CAP National Strategic Plans and respecting local needs and farmers’ actual circumstances;
Amendment 974 #
Proposal for a regulation
Article 5 – paragraph 2
Article 5 – paragraph 2
2. 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. Such measures shall be in place oin areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article;
Amendment 975 #
Proposal for a regulation
Article 11 – paragraph 7 – point g b (new)
Article 11 – paragraph 7 – point g b (new)
(g b) Synergies with national energy, climate, forest and bioeconomy plans;
Amendment 976 #
Proposal for a regulation
Article 11 – paragraph 7 – point g c (new)
Article 11 – paragraph 7 – point g c (new)
(g c) implemented or planned projects funded through Horizon Europe 2021- 2027 to enhance the biodiversity;
Amendment 978 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Member States shallmay, when preparing the national restoration plans, make use ofconsider optionally the different examples of restoration measures listed in Annex VII, depending on specific national and local condition, best practices, and the latest scientific evidence.
Amendment 986 #
Proposal for a regulation
Article 5 – paragraph 3
Article 5 – paragraph 3
3. Member States shall, within Natura 2000 sites and other strictly protected areas, put in place the restoration measures for the marine habitats of species listed in Annex III and 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 achieved. When designing the measures referred to in paragraphs 1, 2 and 3 of this Article, Member States shall, to the largest extent possible, plan the measures so that current and future economic activity in the areas can take place and spatial planning is not disproportionately hampered, in order to address current and future challenges such as climate change, food security, affordable housing and infrastructure development.
Amendment 990 #
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 as well as their contribution to the sustainable development of the relevant regions and communities.
Amendment 993 #
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 shall be based on the best available knowledge 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, 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 conditionthe Member State concerned shall rectify that data gap in accordance with Article 11(1). When determining the most suitable areas referred to in paragraph 4, Member States shall take into account socio-economic aspects as well as ensure that future spatial planning will not be disproportionately hampered. Member States shall also utilise the full potential of coordination and synergies of designating those areas within Natura 2000 sites and other strictly protected areas.
Amendment 1001 #
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 effective and that the public, especially relevant stakeholders at local and regional level, 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 1012 #
Proposal for a regulation
Article 5 – paragraph 6
Article 5 – paragraph 6
6. Member States shall aim to 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 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 areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorattotal national area in good condition and the total amount of area with a sufficient quality of the habitats of the species referred to in paragraph 1, 2, and 3 do not decrease over time.
Amendment 1015 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the quantification of the areas to be restored to reach the restoration targets set out in Articles 4 to10 based on the preparatory work undertaken in accordance with Article 11 and geographically referenced maps of those areas;
Amendment 1018 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a description of the restoration measures planned, or put in place before the entry into force of this regulation, for achieving the targets and obligations set out in Articles 4 to 10 and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;
Amendment 1022 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) an indication of the measures that aim to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in thetotal national areas in which good condition has been reached and that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6)and the total national share with a sufficient quality of the habitats of the species referred to 4(3), 4(6), 5(3) and 5(6) do not decrease over time;
Amendment 1028 #
Proposal for a regulation
Article 5 – paragraph 7
Article 5 – paragraph 7
Amendment 1028 #
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) an indication of the measures to ensure that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance withaken and planned for the implementation of Article 4(7) and Article 5(7);
Amendment 1031 #
(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal or when relevant apply alternative methods with the same effect in accordance with Article 7(2) and an estimate of the length of free- flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re- establish the natural functions of floodplains in accordance with Article 7(3);
Amendment 1038 #
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigation and food production associated with the restoration measures over time, as well as wider socio- economic benefits of those measures;
Amendment 1041 #
Proposal for a regulation
Article 12 – paragraph 2 – point k
Article 12 – paragraph 2 – point k
Amendment 1050 #
Proposal for a regulation
Article 5 – paragraph 8 – introductory part
Article 5 – paragraph 8 – introductory part
8. Outside Natura 2000 sites, the non- fulfilment of the obligations set out in paragraphs 61, 2, 3 and 76 is justified if caused by:
Amendment 1055 #
Proposal for a regulation
Article 12 – paragraph 2 – point l
Article 12 – paragraph 2 – point l
(l) the estimated financing and human resources needs for the implementation of the restoration measures, which shall include the description of the financial and other support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;
Amendment 1062 #
Proposal for a regulation
Article 5 – paragraph 8 – point b
Article 5 – paragraph 8 – point b
(b) unavoidable habitat transformations which are directlyfor example caused by climate change, third countries, non-preventable pests and diseases, natural disasters; or
Amendment 1065 #
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 local communities and stakeholders have been considered and how property rights have been respected;
Amendment 1067 #
Proposal for a regulation
Article 12 – paragraph 2 – point o
Article 12 – paragraph 2 – point o
Amendment 1071 #
Proposal for a regulation
Article 5 – paragraph 8 – point c
Article 5 – paragraph 8 – point c
(c) a project of private or public overriding public interest for which no less damaging and beneficial social efficient alternative solutions are available, to be determas defined oin a case by case basis.the national restoration plan; or
Amendment 1077 #
Proposal for a regulation
Article 12 – paragraph 3 a (new)
Article 12 – paragraph 3 a (new)
3 a. The national restoration plans shall, where applicable, include the conservation measures that a Member State has adopted under the Common Agriculture policy, including conservation measures in ecoschemes and other relevant actions under rural development.
Amendment 1079 #
Proposal for a regulation
Article 12 – paragraph 4
Article 12 – paragraph 4
4. The Commission shall adopt implementing acts to establish a uniform format for the national restoration plans within 12 months of the entry into force of the Regulation. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). The Commission shall be assisted by national experts from all Member States and the European Environmental Agency (EEA) when drawing up the uniform format.
Amendment 1095 #
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, and appraise its contribution to 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 1098 #
Proposal for a regulation
Article 5 – paragraph 9 – introductory part
Article 5 – paragraph 9 – introductory part
9. For Natura 2000 sites, the non- fulfilment of the obligation set out in paragraphs 61, 2, 3 and 76, is justified if caused by:
Amendment 1099 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. For the purpose of the assessment of the draft national restoration plans, the Commission shall be assisted by relevant experts or the EEA.
Amendment 1103 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address duly motivated and detailed observations to Member States within six months of the date of receipt of the draft national restoration plan.
Amendment 1110 #
Proposal for a regulation
Article 14 – paragraph 5
Article 14 – paragraph 5
5. Member States shall take due account of anycan consider the observations from the Commission in its final national restoration plan.
Amendment 1114 #
Proposal for a regulation
Article 5 – paragraph 9 – point b
Article 5 – paragraph 9 – point b
(b) unavoidable habitat transformations which are directlyfor example caused by climate change:, third countries, non-preventable pests and diseases, natural disasters; or
Amendment 1121 #
Proposal for a regulation
Article 15 – paragraph 2
Article 15 – paragraph 2
2. WhenIf it becomes apparent that the measures set out in the national restoration plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration plan and include supplementary measures.
Amendment 1124 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), after having concluded an exchange with the Member State concerned, if the Commission considers that the progress made by athat Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures. That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1133 #
1. Member States shall ensure that members of the public, in accordance with national law, that have a sufficiendirect 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 1134 #
Proposal for a regulation
Article 5 – paragraph 10
Article 5 – paragraph 10
Amendment 1136 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficient interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.
Amendment 1148 #
Amendment 1156 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) the indicators of biodiversity in forest ecosystems listed in Annex VIthat the Member State consider appropriate;
Amendment 1158 #
Proposal for a regulation
Article 17 – paragraph 1 – point g
Article 17 – paragraph 1 – point g
(g) the area and condition of the areas covered by the habitat types listed in Annexes I and II, across their territory within the Natura 2000 network;
Amendment 1159 #
Proposal for a regulation
Article 17 – paragraph 1 – point h
Article 17 – paragraph 1 – point h
(h) the area and the quality of the habitat of the species referred to in Article 4(3), and Article 5(3), across their territory. within the Natura 2000 network.
Amendment 1164 #
Proposal for a regulation
Article 17 – paragraph 5
Article 17 – paragraph 5
5. The monitoring in accordance with paragraph 1, points (a), (b) and (cb), 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, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity and the stock of organic carbon, shall be carried out at least every three 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 1168 #
Proposal for a regulation
Article 6 – paragraph 1
Article 6 – paragraph 1
1. Member States shall ensure, in close cooperation with regional authorities, aim to prevent that there is noa net loss of urban green space, at national level, and of urban tree canopy cover by 2030, compared to 2021, in all cities and in towns and suburbs.
Amendment 1171 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. Member State monitoring systems shall operate on the basis of electronic databases and geographic information systems, and shall maximise the access and use of data and services from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing. Member States can also use national plot inventories in order to collect the data
Amendment 1176 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point a
Article 17 – paragraph 9 – subparagraph 1 – point a
Amendment 1179 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point b
Article 17 – paragraph 9 – subparagraph 1 – point b
Amendment 1182 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point c
Article 17 – paragraph 9 – subparagraph 1 – point c
Amendment 1184 #
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 or applied alternative methods with the same effect, on an annual basis starting from [OP please insert the date = the date of entry into force of this Regulation].
Amendment 1188 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Member States shall ensure that , in close cooperation withe re is angional authorities, aim to increase in the total national area and quality of urban green space in cities and in towns and suburbs of at least 3 % of the total area ofand urban tree canopy cover in cities and ofin towns and suburbs in 2021, by 2040, and at least 5 % by 2050. In addition Member States shall ensuraim to increase:
Amendment 1189 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Article 18 – paragraph 2 – subparagraph 1 – introductory part
Member States shall electronically report the following data and information to the Commission , assisted by the EEA, at least every threfive years:
Amendment 1192 #
Proposal for a regulation
Article 18 – paragraph 2 – subparagraph 1 – point d
Article 18 – paragraph 2 – subparagraph 1 – point d
(d) the updated inventory of barriers or other relevant actions done referred to in Article 7(1);
Amendment 1193 #
Proposal for a regulation
Article 6 – paragraph 2 – point a
Article 6 – paragraph 2 – point a
(a) a minimum of 10 %net gain of urban tree canopy cover in all cities and in towns and suburbs by 2050at national level; and
Amendment 1206 #
Proposal for a regulation
Article 19
Article 19
Amendment 1221 #
Proposal for a regulation
Article 6 – paragraph 2 a (new)
Article 6 – paragraph 2 a (new)
2a. The non-fulfilment of the obligations set out in paragraphs 1 to 2 is justified if caused by a) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; b) large-scale force majeure, including natural disasters.
Amendment 1241 #
Proposal for a regulation
Article 20
Article 20
Amendment 1247 #
Proposal for a regulation
Article 21
Article 21
Amendment 1249 #
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 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 naviga or of importance for fulfilling the national energy and climate plans (NECPs) and securing the energy system of a Member State, inland navigation, food production, water supply or other uses.
Amendment 1252 #
Proposal for a regulation
Article 22 – paragraph 2
Article 22 – paragraph 2
2. The Commission shall present a report on the main findings of the evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of Regions. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this Regulation, taking into account the need to and when relevant duly detailed and justified possible establishment of additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, and the most recent scientific evidence.
Amendment 1258 #
Proposal for a regulation
Annex IV
Annex IV
Amendment 1262 #
Proposal for a regulation
Annex VI
Annex VI
Amendment 1263 #
Proposal for a regulation
Annex VII – title
Annex VII – title
LIST OF OPTIONAL EXAMPLES OF RESTORATION MEASURES REFERRED TO IN ARTICLE 11(8)
Amendment 1319 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3)while duly taking into account the effect on agricultural production and food security.
Amendment 1322 #
Proposal for a regulation
Article 9 – paragraph 2 – introductory part
Article 9 – paragraph 2 – introductory part
2. Member States shallestablish measures with the aim of achieveing 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 three years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:
Amendment 1339 #
Proposal for a regulation
Article 9 – paragraph 2 – point b
Article 9 – paragraph 2 – point b
Amendment 1354 #
Proposal for a regulation
Article 9 – paragraph 2 – point c
Article 9 – paragraph 2 – point c
(c) share of agricultural land with high- diversity landscape features, while optimising synergies with agricultural production.
Amendment 1374 #
Proposal for a regulation
Article 9 – paragraph 3 – introductory part
Article 9 – paragraph 3 – introductory part
3. Member States shall put in place restoration measures to ensurewith the aim that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 100, reaches the following levels:
Amendment 1398 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall put in place restoration measures, while ensuring synergies with agricultural production. Those measures shall be in place on at least:
Amendment 1400 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – introductory part
Article 9 – paragraph 4 – subparagraph 1 – introductory part
For organic soils in agricultural use constituting drained peatlands, Member States shall, after considerably considering food security, put in place restoration measures. Those measures shall be in place on at least:
Amendment 1412 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point a
Article 9 – paragraph 4 – subparagraph 1 – point a
(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted;
Amendment 1427 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point b
Article 9 – paragraph 4 – subparagraph 1 – point b
(b) 50 % of such areas by 2040, of which at least half shall be rewetted;
Amendment 1446 #
Proposal for a regulation
Article 9 – paragraph 4 – subparagraph 1 – point c
Article 9 – paragraph 4 – subparagraph 1 – point c
(c) 70 % of such areas by 2050, of which at least half shall be rewetted.;
Amendment 1462 #
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).
Amendment 1468 #
Proposal for a regulation
Article 9 – paragraph 4 a (new)
Article 9 – paragraph 4 a (new)
4a. the non-fulfilment of the obligations set out in this article is justified if it is caused by: (a) force majeure; (b) unavoidable habitat transformations which are for example caused by climate change, third countries, non-preventable pests and diseases; or (c) a project of overriding public interest, including those of a social or economic nature, for which no less damaging alternative solutions are available.
Amendment 1474 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
Amendment 1486 #
Proposal for a regulation
Article 10 – paragraph 2 – introductory part
Article 10 – paragraph 2 – introductory part
Amendment 1502 #
Proposal for a regulation
Article 10 – paragraph 2 – point a
Article 10 – paragraph 2 – point a
Amendment 1510 #
Proposal for a regulation
Article 10 – paragraph 2 – point b
Article 10 – paragraph 2 – point b
Amendment 1516 #
Proposal for a regulation
Article 10 – paragraph 2 – point c
Article 10 – paragraph 2 – point c
Amendment 1523 #
Proposal for a regulation
Article 10 – paragraph 2 – point d
Article 10 – paragraph 2 – point d
Amendment 1528 #
Proposal for a regulation
Article 10 – paragraph 2 – point e
Article 10 – paragraph 2 – point e
Amendment 1538 #
Proposal for a regulation
Article 10 – paragraph 2 – point f
Article 10 – paragraph 2 – point f
Amendment 1582 #
Proposal for a regulation
Article 11 – paragraph -1 (new)
Article 11 – paragraph -1 (new)
-1. Member States shall do a thorough and broad socio economic impact assessment, analysing how the targets and goals in article 4 to 10 would affect society. The results of the impact assessment will thereafter be of importance when Member States draft their national restoration plan and set their targets. The results should also be of importance when deciding upon conflicting objectives. The impact assessment shall analyse the following, but not exclusively: a) the impact on food security and agricultural production, b) the impact on the renewable energy production, supply and storage, the possibility to fulfil the national energy and climate plans (NECPs) and the security of the Member States energy system, c) the impact on a Member States military and civil defence capability, d) the impact on planned urban expansion as well as on large infrastructure developments such as rail- and highway constructions, e) the impact on land use change, ownership- and tenure rights and reimbursement cost, f) the impact on the overall economy, development of workforce, the rural economy, especially on sectors such as agricultural, forestry, fisheries, construction and energy production, and g) historical changes in cultural geography.
Amendment 1589 #
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, highly respecting the result of the socio economic impact assessment and taking into account the latest scientific evidence.
Amendment 1599 #
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 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 on the socio- economic impact assessment and, amongst others, on the following information:
Amendment 1609 #
(iii) the favourable reference area taking into account the documented losses over at least the last 70 years, gains and nature restoration efforts since the entry into force of the Habitats Directive 92/43/EEC and the projected changes to environmental conditions due to climate change;
Amendment 1653 #
Proposal for a regulation
Article 11 – paragraph 3
Article 11 – paragraph 3
3. Member States shall, in collaboration with relevant actors, set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and considered appropriate in 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) on the socio economic impact assessment.
Amendment 1659 #
Proposal for a regulation
Article 11 – paragraph 4
Article 11 – paragraph 4
Amendment 1674 #
Proposal for a regulation
Article 11 – paragraph 5 – introductory part
Article 11 – paragraph 5 – introductory part
5. Member States shall identify synergies and potential conflicts with food production and ensuring food security, as well as synergies and potential conflicts with climate change mitigation, climate change adaptation and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:
Amendment 1692 #
Proposal for a regulation
Article 11 – paragraph 6
Article 11 – paragraph 6
6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go- to areas, as well as with existing and planned renewable energy production. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged.
Amendment 1700 #
Proposal for a regulation
Article 11 – paragraph 7 – point -a (new)
Article 11 – paragraph 7 – point -a (new)
(-a) the socio economic impact assessment;
Amendment 1701 #
Proposal for a regulation
Article 11 – paragraph 7 – point -a a (new)
Article 11 – paragraph 7 – point -a a (new)
(-aa) national and regional food strategies, national and regional forest strategies and national industrial decarbonisation roadmaps;
Amendment 1732 #
Proposal for a regulation
Article 11 – paragraph 8
Article 11 – paragraph 8
8. Member States shallmay, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, best practise and the latest scientific evidence.
Amendment 1743 #
Proposal for a regulation
Article 11 – paragraph 9
Article 11 – paragraph 9
9. Member States shall, when preparing the national restoration plans, aim at optimisto balancing the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities, while fully respecting ownership rights.
Amendment 1757 #
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 effective, that landowners are consulted and that their views and ownership rights is respected, and that local and regional political authorities are well represented in the process 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 1785 #
Proposal for a regulation
Article 12 – paragraph 2 – point a
Article 12 – paragraph 2 – point a
(a) the quantification of the areas to be restored to reach the restoration targets set out in Articles 4 to10 based on the preparatory work undertaken in accordance with Article 11 and geographically referenced maps of those areas;
Amendment 1794 #
Proposal for a regulation
Article 12 – paragraph 2 – point b
Article 12 – paragraph 2 – point b
(b) a description of the restoration measures planned, or previously put in place, for achieving the targets and obligations set out in Articles 4 to 10 and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;
Amendment 1800 #
Proposal for a regulation
Article 12 – paragraph 2 – point c
Article 12 – paragraph 2 – point c
(c) an indication of the measures to ensurehat aim to prevent that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that an indication of the measures aim to prevent that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);
Amendment 1809 #
Proposal for a regulation
Article 12 – paragraph 2 – point d
Article 12 – paragraph 2 – point d
(d) an indication of the measures to ensurehat aim to prevent that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7) on a national level;
Amendment 1830 #
Proposal for a regulation
Article 12 – paragraph 2 – point j
Article 12 – paragraph 2 – point j
(j) the estimated co-benefits for climate change mitigation and food production associated with the restoration measures over time, as well as wider socio- economic benefits of those measures;
Amendment 1832 #
Proposal for a regulation
Article 12 – paragraph 2 – point k – point -i (new)
Article 12 – paragraph 2 – point k – point -i (new)
(-i) the socio-economic impact assessment described in article 11;
Amendment 1849 #
Proposal for a regulation
Article 12 – paragraph 2 – point l a (new)
Article 12 – paragraph 2 – point l a (new)
(la) a description of existing and possible additional programmes which contribute to the development of business models that contribute to the goals of this regulation, including for the fisheries, aquaculture and agriculture sectors;
Amendment 1862 #
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 local communities, landowners and stakeholders have been considered and how property rights have been respected;
Amendment 1892 #
Proposal for a regulation
Article 13 – paragraph 1
Article 13 – paragraph 1
Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Regulation]. The Commission may grant, upon the request of a Member State, extension of the time limit for submission of the draft national restoration plan. Such a request shall duly justify the delay and clearly outline what the additional time is needed for. The approval of such a request shall neither hamper the effectiveness of the Commission to assess the synergies between different Member States' national restoration plans nor risk the achievement of the targets set in this Regulation.
Amendment 1920 #
Proposal for a regulation
Article 14 – paragraph 3
Article 14 – paragraph 3
3. For the purpose of the assessment of the draft national restoration plans, the Commission shall be assisted by relevant experts or the EEA.
Amendment 1923 #
Proposal for a regulation
Article 14 – paragraph 4
Article 14 – paragraph 4
4. The Commission may address duly motivated and detailed observations to Member States within six months of the date of receipt of the draft national restoration plan.
Amendment 1944 #
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, including those due to climate change. The Member States shall in particular review the favourable reference areas needed to achieve the objectives of this Regulation, taking into account the best available scientific knowledge and challenges in spatial planning.
Amendment 1967 #
Proposal for a regulation
Article 15 – paragraph 3
Article 15 – paragraph 3
3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission, after having an extensive dialogue with the Member State concerned, considers that the progress made by athat Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may request the Member State concerned to submit an updated draft national restoration plan with supplementary measures. That updated national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission.
Amendment 1982 #
Proposal for a regulation
Article 16 – paragraph 1
Article 16 – paragraph 1
1. Member States shall ensure that members of the public, affected businesses and landowners, 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 1987 #
Proposal for a regulation
Article 16 – paragraph 2
Article 16 – paragraph 2
2. Member States shall determine what constitutes a sufficiendirect interest and impairment of a right, consistently with the objective of providing the public with wide access to justice. For the purposes of paragraph 1, any non-governmental organisation promoting environmental protection and meeting any requirements under national law shall be deemed to have rights capable of being impaired and their interest shall be deemed sufficient.
Amendment 2017 #
Proposal for a regulation
Article 17 – paragraph 1 – point e
Article 17 – paragraph 1 – point e
(e) the indicators of biodiversity in forest ecosystems listed in Annex VIthat the Member States consider appropriate;
Amendment 2042 #
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, the lying deadwood, the share of forests with uneven-aged structuforest ecosystem indicators referre,d the forest connectivity and the stock of organic carbon,o in Article 10(2) shall be carried out at least every three 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 2050 #
Proposal for a regulation
Article 17 – paragraph 6
Article 17 – paragraph 6
Amendment 2052 #
Proposal for a regulation
Article 17 – paragraph 8
Article 17 – paragraph 8
8. Member State monitoring systems shall operate on the basis of electronic databases and geographic information systems, and shall maximise the access and use of data and services from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing. Member States can also use national sample plot inventories in order to collect the data.
Amendment 2060 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – introductory part
Article 17 – paragraph 9 – subparagraph 1 – introductory part
The Commission may adopt implementingdelegated acts to:
Amendment 2064 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point b
Article 17 – paragraph 9 – subparagraph 1 – point b
Amendment 2068 #
Proposal for a regulation
Article 17 – paragraph 9 – subparagraph 1 – point c
Article 17 – paragraph 9 – subparagraph 1 – point c
Amendment 2108 #
Proposal for a regulation
Article 19
Article 19
Amendment 2163 #
Proposal for a regulation
Article 20
Article 20
Amendment 2182 #
Proposal for a regulation
Article 22 – paragraph 2 a (new)
Article 22 – paragraph 2 a (new)
2a. The Commission shall, one year before Member States submission of their draft national restoration plan in accordance with Article 13 as well on year before the submission of their updated national restoration plan in accordance with article 15, update annex I and II in Directive 2009/147/EC and annex II, IV and V in Directive 92/43/EEC in order to regularly assess progress in achieving the conservation status for species.
Amendment 2287 #
Proposal for a regulation
Annex VI Text proposed by the Commission
Annex VI Text proposed by the Commission