73 Amendments of Bas EICKHOUT related to 2012/0288(COD)
Amendment 35 #
Proposal for a directive
Recital 1
Recital 1
(1) Given the negative climate impact linked to biofuels competing with agricultural land, the obligation under Article 3(4) of Directive 2009/28/EC on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/777/EC and 2003/30/EC requiresshould be replaced by a requirement on Member States to ensure that the share of energy from renewableadvanced transport energy sources in all forms of transport in 2020 is at least 103% of their final energy consumption. The blending of biofuelsadvanced biofuels and renewable energy from non-biological origin is one of the methods available for Member States to meet this target, and is expected to be the main contributor.
Amendment 39 #
Proposal for a directive
Recital 2
Recital 2
(2) In view of the Union's objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EC requires fuel suppliers to reduce by at least 6% by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘"greenhouse gas intensity’") of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of biofuelsadvanced biofuels and renewable energy from non- biological origin is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. In order to ensure investment security for such advanced transport fuels, the 2020 target should be complemented with a binding annual trajectory leading to 10% reductions in greenhouse gas intensity of fuels used in the Union in 2025.
Amendment 40 #
Proposal for a directive
Recital 3
Recital 3
(3) Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC. These criteria should be supplemented with safeguards to ensure cascade of use and respect of waste- hierarchy.
Amendment 47 #
Proposal for a directive
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant, and couldwill negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce suchFurthermore, the growth in biofuel use in the Member States contributes to food price volatility and could have repercussions for global food security. Indirect land-use changes therefore need to be taken into account so as to prevent these potential sources of emissions from undermining efforts to meet the Union's renewable energy and greenhouse gas emission targets. In order to reduce indirect land use emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.
Amendment 58 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of biomass resources involves significant opportunity costs linked to the depletion or loss of ecosystem services. Member States should refrain from subsidising or mandating energy use of feedstocks where their diversion from existing uses would have a negative impact on biodiversity, soil or overall carbon balance. Policies should also ensure a cascade of biomass use, with safeguards that resources are not pulled from high societal added value applications to low value energy use.
Amendment 66 #
Proposal for a directive
Recital 10
Recital 10
(10) The 5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, te overall renewable energy target. The access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations.
Amendment 72 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedIn order to make sure that Union targets for greenhouse gas emission savings and renewable energy are well- founded, indirect land-use change emissions should be included in the reportaken into account when calculating ofthe greenhouse gas emissions from biofuels under savings required under the sustainability criteria set out in Directive 2009/28/EC and Directives 98/70/EC and 2009/28/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a(2), in order to offer incentives for the production of biofuels with a low indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor.
Amendment 78 #
Proposal for a directive
Recital 1
Recital 1
(1) Given the negative climate impact linked to biofuels competing with agricultural land, the obligation under Article 3(4) of Directive 2009/28/EC on the promotion of the use of energy from renewable energy sources and amending and subsequently repealing Directives 2001/777/EC and 2003/30/EC requiresshould be replaced by a requirement on Member States to ensure that the share of energy from renewableadvanced transport energy sources in all forms of transport in 2020 is at least 103% of their final energy consumption. The blending of biofuelsadvanced biofuels and renewable energy from non-biological origin is one of the methods available for Member States to meet this target, and is expected to be the main contributor.
Amendment 79 #
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factorharmonised measures to ensure sustainability of advanced transport fuels in the sustainability scheme as of 1st January 2021.
Amendment 82 #
Proposal for a directive
Article 1 – point 1 – subpoint -a (new)
Article 1 – point 1 – subpoint -a (new)
Directive 98/70/CE
Article 7a – paragraph 2a (new)
Article 7a – paragraph 2a (new)
(- a) the following paragraph 2a is inserted : '2a. Member States shall require suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied in a linear manner from 2020 to achieve a 10 % reduction by 31 December 2025, compared with the fuel baseline standard referred to in paragraph 5(b).'
Amendment 85 #
Proposal for a directive
Recital 2
Recital 2
(2) In view of the Union's objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EC[1] requires fuel suppliers to reduce by at least 6% by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘"greenhouse gas intensity’") of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels suppliedzero or low greenhouse gas emissions biofuels and other fuels derived from unavoidable waste gas using carbon capture and utilisation for transport purposes are among the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied. In order to ensure investment security for such advanced transport fuels, the 2020 target should be complemented with a binding annual trajectory leading to 10% reductions in greenhouse gas intensity of fuels used in the Union in 2025.
Amendment 87 #
Proposal for a directive
Recital 3
Recital 3
(3) Article 17 of Directive 2009/28/EC establishes sustainability criteria that biofuels and bioliquids need to comply with in order to be counted towards the targets in the Directive and to qualify for inclusion in public support schemes. These criteria include requirements on the minimum greenhouse gas emission savings that biofuels and bioliquids need to achieve compared to fossil fuels. Identical sustainability criteria are established for biofuels under Article 7b of Directive 98/70/EC. These criteria should be supplemented with safeguards to ensure cascade of use and respect of waste- hierarchy.
Amendment 88 #
Proposal for a directive
Article 1 – point 3 – subpoint -a (new)
Article 1 – point 3 – subpoint -a (new)
Directive 98/70/CE
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) in paragraph 1, points (a)-(c) are replaced by the following: '(a) where a default value for greenhouse gas emission saving for the biofuel production pathway is laid down in part A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of part C of Annex IV is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV adding the estimates for indirect land-use change emissions set out in Annex V; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex IV, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex V.'
Amendment 104 #
Proposal for a directive
Article 2 – point 2 – subpoint b
Article 2 – point 2 – subpoint b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
'For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)dconditional to the raw material being obtained from land managed in a manner which enhances overall carbon sink capacity of the land and protects soil fertility, and shall be no more than 3% of the final consumption of energy in transport in 2020.'
Amendment 109 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point -i new
Article 2 – point 2 – subpoint c – point -i new
(-i) The first sentence is replaced by the following: 'Each Member State shall ensure that the share of energy from advanced transport energy sources in all forms of transport in 2020 is at least 3% of the final consumption of energy in transport in that Member State.'
Amendment 110 #
Proposal for a directive
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks it is likely that greenhouse gas emissions linked to indirect land use change are significant, and couldwill negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce suchFurthermore, the growth in biofuel use in the Member States contributes to food price volatility and could have repercussions for global food security. Indirect land-use changes therefore need to be taken into account so as to prevent these potential sources of emissions from undermining efforts to meet the Union's renewable energy and greenhouse gas emission targets. In order to reduce indirect land use emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.
Amendment 111 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point i
Article 2 – point 2 – subpoint c – point i
(i) in point (b), the following phrase is added is replaced by the following:
Amendment 112 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point i
Article 2 – point 2 – subpoint c – point i
Directive 2009/28/EC
Article 3 – paragraph 4– point b
Article 3 – paragraph 4– point b
"For the calculation of the numerator, that is the amount of energy from advanced transport energy sources consumed for the purposes of the first subparagraph, renewable electricity and the types of advanced renewable energy specified in Annex IX consumed in all forms of transport shall be taken into account. This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"
Amendment 114 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point ii
Article 2 – point 2 – subpoint c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4– point d
Article 3 – paragraph 4– point d
Amendment 116 #
Council position
Recital 9 a (new)
Recital 9 a (new)
(9a) The use of biomass resources involves significant opportunity costs linked to the depletion or loss of ecosystem services. Member States should refrain from subsidising or mandating energy use of feedstocks where their diversion from existing uses would have a negative impact on land rights, food rights, biodiversity, soil or overall carbon balance. Policies should also ensure a cascade of biomass use, with safeguards to ensure that resources are not diverted from high societal added value applications to low value energy use.
Amendment 122 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point iii
Article 2 – point 2 – subpoint c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4– point e
Article 3 – paragraph 4– point e
Amendment 125 #
Proposal for a directive
Article 2 – point 2 – subpoint c – point iii
Article 2 – point 2 – subpoint c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4– point e – subparagraph 2
Article 3 – paragraph 4– point e – subparagraph 2
Amendment 138 #
Proposal for a directive
Article 2 – point 7 – point -a new
Article 2 – point 7 – point -a new
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) in paragraph 1, points (a)-(c) are replaced by the following: '(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex IV and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V adding the estimates for indirect land-use change emissions set out in Annex VIII; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII.'
Amendment 145 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) The use of biomass resources involves significant opportunity costs linked to the depletion or loss of ecosystem services. Member States should refrain from subsidising or mandating energy use of feedstocks where their diversion from existing uses would have a negative impact on biodiversity, soil or overall carbon balance. Policies should also ensure a cascade of biomass use, with safeguards that resources are not pulled from high societal added value applications to low value energy use.
Amendment 153 #
Proposal for a directive
Annex 1 – point 1 – subpoint -a (new)
Annex 1 – point 1 – subpoint -a (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
(-a) point 1 is amended as follows: i) the formula is replaced by : E = eec + el + eiluc + ep + etd + eu – esca – eccs – eccr – eee ii) a new line is inserted after el : eiluc= annualised emissions from carbon stock changes caused by indirect land-use change;
Amendment 155 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 98/70/EC
Annex V – part A
Annex V – part A
Cereals and other starch rich crops 12 Sugars 13 Oil crops 55 Non-food energy crops 15
Amendment 158 #
Proposal for a directive
Annex II – point 1 – subpoint -a (new)
Annex II – point 1 – subpoint -a (new)
Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
(-a) point 1 is amended as follows: i) the formula is replaced by : E = eec + el + eiluc + ep + etd + eu – esca – eccs – eccr – eee ii) a new line is inserted after el : eiluc= annualised emissions from carbon stock changes caused by indirect land-use change;
Amendment 160 #
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and minimise the overall indirect land use change impacts in the period to 2020, it is appropriate to limit the amount of biofuels and bioliquids obtained from food or energy crops as set out in part A of Annex VIII to Directive 2009/28/EC and part A of Annex V to Directive 98/70/EC that can be counted towards targets set out in Directive 2009/28/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugar and oil, oil and energy crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed3% of the final consumption of energy in transport in 201120.
Amendment 161 #
Proposal for a directive
Annex II – point 2
Annex II – point 2
Directive 2009/28/EC
Annex VIII– Part A
Annex VIII– Part A
Cereals and other starch rich crops 12 Sugars 13 Oil crops 55 Non-food energy crops 15
Amendment 163 #
Proposal for a directive
Annex III – point 3
Annex III – point 3
Directive 2009/28/EC
Annex IX
Annex IX
(3) The following Annex IX is added: Part A. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content (a)'Annex IX 'Annex IX 'Advanced transport energy sources Sustainability safeguards Member States shall provide for safeguards for the use of any waste or residues, to ensure that the use as transport fuel conforms to the waste hierarchy, namely prevention, preparation for re-use and recycling before recovery for energy purposes, as outlined in Directive 2008/98/EC, and to ensure a cascade of use. For the use of biotic sources, Member States shall introduce safeguards to protect biodiversity and against the depletion or loss of ecosystem services, and to prevent any diversion from existing uses that would have a negative indirect or direct impact on biodiversity, soil or overall carbon balance. Subject to sustainability safeguards adopted by Member States, the following feedstocks are eligible for advanced transport energy under Article 3(4): - Algae. (b)- Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. (c)- Biomass fraction of industrial waste. (d)- Straw. (e)- Animal manure and sewage sludge. (f)- Tall oil pitch. (g)- Crude glycerine. (h)- Grape marcs and wine lees. (i)- Nut shells. (j)- Husks. (k)- Cobs (l)- Bark, branches, leaves, saw dust and cutter shavings Part B. Feedstocks who- Used contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content (a) Used cooking oil. (b)oking oil subject to measures to prevent fraud. - Animal fats classified as category I and II in accordance with EC/1774/2002 laying down health rules concerning animal by- products not intended for human consumption. (c) subject to measures to prevent fraudulent downgrading. - Non-food cellulosic material. (d)- Ligno-cellulosic material except saw logs and veneer logs. - Renewable liquid and gaseous fuels of non-biological origin.'
Amendment 170 #
Proposal for a directive
Recital 10
Recital 10
(10) The 53% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, te overall renewable energy target. The access to the market of the biofuels produced by the installations in operation before the end of 2013 remains fully open. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations.
Amendment 170 #
Council position
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7a – paragraph 5 – point a
Article 7a – paragraph 5 – point a
(a) the methodology for the calculation of life cycle greenhouse gas emissions from fuels other than biofuels and from energy; methodologies for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin and for carbon capture and utilisation for transport purposes shall be adopted by 30 June 2016;
Amendment 181 #
Council position
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4
Article 7b – paragraph 4
Amendment 183 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedIn order to make sure that Union targets for greenhouse gas emission savings and renewable energy are well- founded, indirect land-use change emissions should be included in the reportaken into account when calculating ofthe greenhouse gas emissions from biofuels under savings required under the sustainability criteria set out in Directive 2009/28/EC and Directives 98/70/EC and 2009/28/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a(2), in order to offer incentives for the production of biofuels with a low indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. .
Amendment 184 #
Council position
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4 a (new)
Article 7b – paragraph 4 a (new)
(ba) the following paragraph is inserted: '4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from biotic sources (including waste, residues and co- products, such as agricultural residues), other than food crops or forestry products, unless evidence is provided that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. '
Amendment 186 #
Council position
Article 1 – point 3 – point b a (new)
Article 1 – point 3 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 4 a (new)
Article 7b – paragraph 4 a (new)
(ba) the following paragraph is inserted: "4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land- based raw material unless third parties' legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions."
Amendment 198 #
Council position
Article 1 – point 5 – point -a (new)
Article 1 – point 5 – point -a (new)
Directive 98/70/EC
Article 7d – paragraph 1 – subparagraph 1 a (new)
Article 7d – paragraph 1 – subparagraph 1 a (new)
(-a) in paragraph 1, the following subparagraph is added: "From 2017 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph."
Amendment 202 #
Council position
Article 1 – point 5 – point b
Article 1 – point 5 – point b
Directive 98/70/EC
Article 7d – paragraph 6
Article 7d – paragraph 6
(b) paragraph 6 is deleted; replaced by the following: "6. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the adaptation to technical and scientific progress of Annex V, including by the revision of the proposed crop group indirect land-use change values on the basis of best available scientific evidence. The Commission, shall, in its review, include the latest available information with regard to key assumptions influencing the results from the modelling, including measured trends in agricultural yields and productivity, co- product allocation and observed global land-use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such a review process. The first such review shall be concluded no later than 30 June 2016. The Commission shall, if appropriate, propose new indirect land-use change values at further levels of disaggregation, shall review the categories of which biofuels are assigned zero indirect land- use change emissions, and shall introduce factors for feedstocks from energy crops grown on land, including short- rotation coppices and short-rotation forests. The Commission shall include additional values, as appropriate, should new biofuel feedstocks come to market."
Amendment 220 #
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factorharmonised measures to ensure sustainability of advanced transport fuels in the sustainability scheme as of 1st January 2021.
Amendment 221 #
Council position
Article 2 – point 2 – point a
Article 2 – point 2 – point a
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of compliance with the targets referred to in the first subparagraph of this paragraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch-rich crops, sugars and oil crops and other energy crops grown on land shall be no more than the energy quantity corresponding to the maximum contribution as set out in paragraph 4(d).
Amendment 231 #
Council position
Article 2 – point 2 – point a a (new)
Article 2 – point 2 – point a a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
(aa) the first subparagraph of paragraph 4 is replaced by the following: “4. Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that Member State. A Member State may derogate from that target if the following conditions are met: - the Member State has achieved the targets set out in paragraphs 1 and 2; - the total energy consumption in transport in the Member State does not exceed the forecasts in the national renewable energy action plan;”
Amendment 232 #
Proposal for a directive
Article 1 – point 1 – point -a (new)
Article 1 – point 1 – point -a (new)
Directive 98/70/EC
Article 7a – paragraph 2 – point a
Article 7a – paragraph 2 – point a
(-a) in paragraph 2, point (a) is replaced by the following: "(a) 6% by 31 December 2020. Member States shall require suppliers, for this reduction, to comply with the following intermediate target: 4% by 2018;"
Amendment 233 #
Proposal for a directive
Article 1 – point 1 – point -a a (new)
Article 1 – point 1 – point -a a (new)
Directive 98/70/EC
Article 7a – paragraph 2 – point b – point ii
Article 7a – paragraph 2 – point b – point ii
(-aa) in point (b) of paragraph 2, point (ii) is replaced by the following: "(ii) the use of any technology (including carbon capture and storage or carbon capture and utilisation for transport purposes) capable of reducing life cycle greenhouse gas emissions per unit of energy from fuel or energy supplied;"
Amendment 237 #
Proposal for a directive
Article 1 – point 1 – point -a b (new)
Article 1 – point 1 – point -a b (new)
Directive 98/70/EC
Article 7a – paragraph 2 a (new)
Article 7a – paragraph 2 a (new)
(-ab) the following paragraph 2a is inserted: "2a. Member States shall require suppliers to reduce life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied in a linear manner from 2020 to achieve a 10 % reduction by 31 December 2025, compared with the fuel baseline standard referred to in paragraph 5(b)."
Amendment 241 #
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch-rich crops, sugars and oil crops and other energy crops grown on land shall be no more than 75,5 % of the final consumption of energy in transport in the Member States in 2020;
Amendment 257 #
Council position
Article 2 – point 2 – point b – point iv
Article 2 – point 2 – point b – point iv
Directive 2009/28/EC
Article 3 – paragraph 4 –subparagraph 2 – point e
Article 3 – paragraph 4 –subparagraph 2 – point e
(e) Member States shall seek to achieve the objective of a minimum proportion of biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, being consumed on their territory. To that effect, each Member State shall set a national target, which it shall endeavour to achieve. A reference value for this target is 0,5 percentage points in energy content of the share of energy from renewable sources in all forms of transport in 2020 referred to in the first subparagraph, to be met with biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, and which shall be considered to be twice their energy content in accordance with point (f) of this subparagraph and part A of Annex IX. In addition, biofuels made from feedstocks not listed in Annex IX that were determined to be wastes, residues, non-food cellulosic material or ligno-cellulosic material by the competent national authorities and are used in existing installations prior to the adoption of Directive 2014/…/EU13 of the European Parliament and of the Council*, may be counted towards the national target. Member States may set a national target lower than the reference value of 0,5 percentage points, based on one or more of the following grounds: (i) objective factors such as the limited potential for the sustainable production of biofuels produced from feedstocks and other fuels, listed in part A of Annex IX, or the limited availability of such biofuels at cost efficient prices on the market, taking into account the assessment contained in the Commission report referred to in Article 3(1) of Directive 2014/…/EU. (ii) the specific technical or climatic characteristics of the national market for transport fuels, such as the composition and condition of the road vehicle fleet; or (iii) national policies allocating commensurate financial resources to incentivising the use of electricity from renewable energy sources in transport. The Commission shall publish: – the national targets of the Member States and, where applicable, the grounds for differentiation of their national target as compared to the reference value, notified in accordance with Article 4(2) of Directive 2014/…/EU+; – a synthesis report on Member States' achievements towards their national targets.; __________________ +OJ: please insert the number of this Directiveensure that they achieve a minimum proportion of biofuels produced from feedstocks and other fuels, listed in parts A and B of Annex IX, being consumed on their territory. This target shall be 2,5 % of the final consumption of energy in transport in 2020.
Amendment 268 #
Proposal for a directive
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 98/70/EC
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows: a) where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of part C of Annex IV is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value; b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV adding the estimates for indirect land-use change emissions set out in Annex V; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex IV, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex V."
Amendment 301 #
Council position
Article 2 – point 5 – point -a (new)
Article 2 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – subparagraph 1 – introductory part
Article 17 – paragraph 1 – subparagraph 1 – introductory part
(-a) in paragraph 1, the introductory part of the first subparagraph is replaced by the following: "1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 6:, and do not exceed the maximum contribution set out in Article 3(4)(d):"
Amendment 304 #
Council position
Article 2 – point 5 – point -a a (new)
Article 2 – point 5 – point -a a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – subparagraph 2
Article 17 – paragraph 1 – subparagraph 2
Amendment 307 #
Council position
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 4
Article 17 – paragraph 4
(ba) paragraph 4 is replaced by the following: “4. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely, land that hads one of the following statuses in January 2008 and no longer has that status: (a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year; (b) continuously forested area, unless evidence is provided that extraction of this raw material has a beneficial effect on biodiversity; (b) other naturally regenerated forests and planted forests, namely, land spanning more than one0.5 hectares with trees higher than five metres and a canopy cover of more than 310 %, or trees able to reach those thresholds in situ; (c) land spanning more than one hectare with trees higher than five met, predominantly composed of native or introduced species, in which theres and a canopy cover of between 10 % and 30 %, or trees able to reach those thresholds in situ, unless evidence is provided that the carbon stock of the area before and after conversion is suchre clearly visible indications of human activities, unless evidence is provided that the forested area concerned is sustainably managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that, when the methodology laid down in part C of Annex V is applied, the conditions laid down in paragraph 2 of this Article would be fulfilled. The provisions of this paragraph shall not apply if, at the time the raw material was obtained, the land had the same status as it had in January 2008.ould have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ' (c) planted forests, namely forest predominantly composed of trees established through planting and/or deliberate seeding, unless evidence is provided that the forested area concerned is sustainably managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented.”
Amendment 312 #
Council position
Article 2 – point 5 – point b b (new)
Article 2 – point 5 – point b b (new)
Directive 2009/28/EC
Article 17 – paragraph 4 a (new)
Article 17 – paragraph 4 a (new)
(bb) the following paragraph is inserted: "4a. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from biotic sources (including waste, residues and co-products, such as agricultural residues), other than food crops or forestry products, unless evidence is provided that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented."
Amendment 313 #
Council position
Article 2 – point 5 – point b c (new)
Article 2 – point 5 – point b c (new)
Directive 2009/28/EC
Article 17 – paragraph 4 b (new)
Article 17 – paragraph 4 b (new)
(bc) the following paragraph is inserted: "4b. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from land-based raw material unless third parties' legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions."
Amendment 315 #
Council position
Article 2 – point 5 – point b e (new)
Article 2 – point 5 – point b e (new)
Directive 2009/28/EC
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
(be) the following paragraph is inserted: "5a. Raw materials used for biofuels and bioliquids for the purposes of paragraph 1 shall be produced through sustainable land management practices that maintain the growth of carbon stock of ecosystems, safeguard biodiversity, protect soil fertility and soil organic carbon, avoid soil erosion, and promote conservation of water quality, nutrient levels and mineral balances."
Amendment 317 #
Proposal for a directive
Article 2 – point 1 a (new)
Article 2 – point 1 a (new)
Directive 2009/28/EC
Article 2 – point p a (new)
Article 2 – point p a (new)
1a. In Article 2, the following point is inserted: "(pa)"carbon capture and utilisation (CCU) for transport purposes" means a process that captures carbon (CO/CO2) rich waste and residues gas streams from non-renewable energy sources and transforms them into fuels that are used in the transport sector;"
Amendment 321 #
Council position
Article 2 – point 6 – point d
Article 2 – point 6 – point d
Directive 2009/28/EC
Article 18 – paragraph 6 – subparagraph 7
Article 18 – paragraph 6 – subparagraph 7
A Member State may notify its national scheme to the Commission. The Commission shall give priority to the assessment of such a scheme. A decision on the compliance of such a notified national scheme with the conditions set out in this Directive shall be adopted in accordance with the examination procedure referred to in Article 25(3), in order to facilitate mutual bilateral and multilateral recognition of schemes for verification of compliance with the sustainability criteria for biofuels and bioliquids. Where the decision is positive, schemes established in accordance with this Article shall not refuse mutual recognition with that Member State's scheme.
Amendment 326 #
Council position
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) in paragraph 1, the following subparagraph is added: "From 2017 onwards the greenhouse gas emission saving from the use of biofuel and bioliquids shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph."
Amendment 329 #
Proposal for a directive
Article 2 – point 2 – point b
Article 2 – point 2 – point b
Directive 2009/28/EC
Article 3 – paragraph 1 – subparagraph 2
Article 3 – paragraph 1 – subparagraph 2
For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops, oil and energy crops shall be conditional to the raw material being obtained from land managed in a manner which enhances overall carbon sink capacity of the land and protects soil fertility, and shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.
Amendment 332 #
Proposal for a directive
Article 2 – point 2 – point c – point -i (new)
Article 2 – point 2 – point c – point -i (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 1
Article 3 – paragraph 4 – subparagraph 1
(-i) the first subparagraph is replaced by the following: "4. Each Member State shall ensure that the share of energy from advanced transport energy sources in all forms of transport in 2020 is at least 3% of the final consumption of energy in transport in that Member State."
Amendment 340 #
Proposal for a directive
Article 2 – point 2 – point c – point i
Article 2 – point 2 – point c – point i
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point b
Article 3 – paragraph 4 – subparagraph 2 – point b
(i) in point (b), the following phrase is added: "point (b) is replaced by the following: "(b) For the calculation of the numerator, that is the amount of energy from renewable energy sources and from Carbon Capture and Utilisation consumed in transport for the purposes of the first subparagraph, the types of advanced renewable energy from feedstock specified in Annex IX, renewable electricity and energy from CCU for transport purposes shall be taken into account. This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"
Amendment 343 #
Proposal for a directive
Article 2 – point 2 – point c – point i a (new)
Article 2 – point 2 – point c – point i a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point c – second sentence
Article 3 – paragraph 4 – subparagraph 2 – point c – second sentence
(ia) the second sentence of point (c) is replaced by the following: "Furthermore, for the calculation of the electricity from renewable energy sources consumed by electric road vehicles, that consumption shall be considered to be four times the energy content of the input of electricity from renewable energy sources."
Amendment 346 #
Council position
Article 3 – paragraph 2 – subparagraph 2
Article 3 – paragraph 2 – subparagraph 2
The report referred to in the first subparagraph shall, if appropriate, be accompanied by a legislative proposal, based on the best available scientific be accompanied by a review of the effectiveness of the incentives provided for biofuels from non land using feedstocks under Article 3(4) of Directive 2009/28/EC and under Article 7a of Directive 98/70EC, and if appropriate, by a legislative proposal for a greenhouse gas reduction trajectory after 2020 under Directive 98/70/EC. It shall include an assessment of the availability of such biofuels and of their envidence, for introducing adjusted estimated indirect land-use change emissions factors into the appropriate sustainability cronmental, economic and social impacts. It shall inter alia assess the impact of biofuel production on the availability of wood as a resource and on sectors using biomass. The report shall, if appropriateria and by a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4) of Directive 2009/28/EC, be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non-land using feedstocks and non-food crops. Investors shall take into account that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage. As part of that report, the Commission shall, in light of Member States' reports pursuant to Article 3(5) of Directive 2009/28/EC, assess the effectiveness of measures taken to prevent and fight fraud, and shall, if appropriate, submit proposals for further measures, including on additional measures to be taken at Union level. Or. en (Deletion of the first sentence linked to Amendment tabled to Article 19(1) of Directive 2009/28/EC by the same author.)
Amendment 354 #
Proposal for a directive
Article 2 – point 2 – point c – point ii
Article 2 – point 2 – point c – point ii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point d
Article 3 – paragraph 4 – subparagraph 2 – point d
(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars and oil, oil and energy crops shall be no more than 53%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 378 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point ii
(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twionce their energy content;
Amendment 381 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX
Annex IX
Annex IX Part A. Feedstocks and fuels, the contribution of whichfrom waste and residues which contribute towards the 2,5% target referred to in point (e) of the second subparagraph of Article 3(4), and whose contribution towards the target(s) referred to in Article 3(4) shall be considered to be twice their energy content (a) Algae if cultivated on land in ponds or photobioreactors. (b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2) of Directive 2008/98/EC. (c) Bio-waste as defined inor separate collection under Article 11(1) and Article 3(4(2)(a) of Directive 2008/98/EC from private households subject to separate collectiof the European Parliament and of the Council of 19 November 2008 on was defined in Article 3(11) of that Directive. (d) Biomass fraction of industrial waste not fit for use in the food or feed chain, including material from retail and wholesale and the agro-food and fish and aquaculture industry, and excluding feedstocks listed in part B of this Annex. (e) Straw. (f) Animal manure and sewage sludge (g) Palm oil mill effluent and empty palm fruit buncheste and repealing certain Directives; derogations may be granted by Member States for separate biowaste where processes allow the production of both compost and biofuels. (d) Biodegradable fraction of industrial, retail and wholesale waste, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC. (e) Straw. (f) Animal manure and sewage sludge. (h) Tall oil pitch. (i) Crude glycerine. (j) Bagasse. (k) Grape marcs and wine lees. (l) Nut shells (m) Husks. (n) Cobs cleaned of kernels of corn. (o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree topark, branches, leaves, saw dust, and cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil. (p) Other non-food cellulosic material a. Part B. Feedstocks the contribution of which towards the targets drefined in point (s) of the second paragraph of Article 2. (q) Oerred to in Article 3(4) shall be considered to be four times their ligno-cellulosic material as definedenergy content and which contribute towards the 2,5% target referred to in point (re) of the second subparagraph of Article 2 except saw logs and veneer logs3(4) (a) Algae (autotrophic). (rb) Renewable liquid and gaseous fuels of non-biological origin. Part B(c) Carbon Capture and Utilisation for transport purposes. (d) Bacteria. Part C. Feedstocks, the contribution of which towards the target referred to in the first subparagraph of Article 3(4) shall be considered to be twice their energy content (a) Used cooking oil. (b) Animal fats classified as categories 1 and 2 in accordance with Regulation (EC) No 1069/2009∗ (c) feedstocks that were determined to be wastes, residues, non-food cellulosic material or ligno-cellulosic material by the competent national authorities and are used in existing installations prior to 31 December 2014, excluding animal fats classified as category 3 in accordance with Regulation (EC) No 1069/2009*. ________________ *∗ Regulation (EC) No 1069/2009 of the European Parliament and of the Council of 21 October 2009 laying down health rules as regards animal by-products and derived products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Animal by-products Regulation) (OJ L 300, 14.11.2009, p. 1).'.
Amendment 383 #
Proposal for a directive
Article 2 – point 2 – point c – point iii
Article 2 – point 2 – point c – point iii
(iii) renewable liquid and gaseous fuels of non-biological originCarbon Capture and Utilisation for transport purposes shall be considered to be four times their energy content.
Amendment 434 #
Proposal for a directive
Article 2 – point 7 – point -a (new)
Article 2 – point 7 – point -a (new)
Directive 2009/28/EC
Article 19 – paragraph 1
Article 19 – paragraph 1
(-a) paragraph 1 is replaced by the following: "1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows: (a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V adding the estimates for indirect land-use change emissions set out in Annex VIII; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII."
Amendment 469 #
Proposal for a directive
Article 3
Article 3
The Commission shall, beforey 31 December 20175, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limitingprogress on developing a certification scheme for biofuel and bioliquid feedstocks produced under low risk of ILUC and its effectiveness, with a view of applying zero estimated indirect land- use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021emissions in the calculation of life cycle greenhouse gas emissions pursuant to Directives 2009/30/EC and 2009/28/EC. The report shall, if appropriate, be accompanied by a legislative proposal and a review of the effectiveness of the incentives provided for biofuels from non- land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC.
Amendment 487 #
Proposal for a directive
Annex I – point 1 – point -a (new)
Annex I – point 1 – point -a (new)
Directive 98/70/EC
Annex IV – part C – point 1
Annex IV – part C – point 1
Amendment 497 #
Proposal for a directive
Annex I – point 2
Annex I – point 2
Directive 98/70/EC
Annex V – part A – table – row 4 a (new)
Annex V – part A – table – row 4 a (new)
Non-food energy crops 15
Amendment 502 #
Proposal for a directive
Annex II – point 1 – point -a (new)
Annex II – point 1 – point -a (new)
(-a) point 1 is replaced by the following: "1. Greenhouse gas emissions from the production and use of biofuels shall be calculated as: E = eec + el + eiluc + ep + etd + eu – esca – eccs – eccr – eee where E = total emissions from the use of the fuel; eec = emissions from the extraction or cultivation of raw materials; el= annualised emissions from carbon stock changes caused by land-use change; eiluc= annualised emissions from carbon stock changes caused by indirect land-use change; ep = emissions from processing; etd = emissions from transport and distribution; eu = emissions from the fuel in use; esca = emission saving from soil carbon accumulation via improved agricultural management; eccs = emission saving from carbon capture and geological storage; eccr = emission saving from carbon capture and replacement; and eee = emission saving from excess electricity from cogeneration. Emissions from the manufacture of machinery and equipment shall not be taken into account."
Amendment 516 #
Proposal for a directive
Annex II – point 2
Annex II – point 2
Directive 2009/28/CE
Annex VIII – part A – table – row 4 a (new)
Annex VIII – part A – table – row 4 a (new)
Non-food energy crops 15
Amendment 526 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX
Annex IX
Amendment 620 #
Proposal for a directive
Annex II – point 3 a (new)
Annex II – point 3 a (new)
Directive 2009/28/EC
Annex IX a (new)
Annex IX a (new)