Activities of Sabine WILS related to 2012/0288(COD)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Directive 2009/28/EC on the promotion of the use of energy from renewable sources PDF (1 MB) DOC (1 MB)
Amendments (73)
Amendment 71 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) While biofuels and bioliquids produced from waste and residues have the potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate inter alia to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report.
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 82 #
Proposal for a directive
Recital 8
Recital 8
(8) The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in newall installations in operation should be increased with effect from 1st July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph.
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 90 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) The incentive-based stimulation of biofuel production has not only led to an increase in biofuel production in the Union but has also led to an expansion of biofuel production in third countries. Although figures relating to the exact amount of land that was used and diverted to biofuel production in third countries vary, some reports found that between 2009 and 2013, 6 million hectares of land were used for biofuel production by European companies in Africa alone. In a note from April 2013, the UN Special Rapporteur on the right to food stressed the adverse impacts of the EU biofuels policy in relation to the right to food, land and water. In order to counter these negative impacts, the Commission should propose to amend and strengthen the sustainability criteria in Article 17 of Directive 2009/98/EC and Article 7b of Directive 98/70/EC.
Amendment 90 #
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and, to avert further impacts of growing demand for biofuels and bioliquids on food markets and to 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 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/ECin those directives. 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 crops that can be counted towards the targets ofr receive public support pursuant to Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. For the same reasons, and in order to avoid unequal treatment of biofuels and bioliquids produced from raw materials with similar impacts, it is appropriate to apply the same treatment to biofuels and bioliquids made from non- food cellulosic or ligno-cellulosic material insofar as they are grown on land, without prejudice those produced from waste and residues.
Amendment 104 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures in the transport sector should be encouraged.
Amendment 109 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedArticle 7d(6) of Directive 98/70/EC and Article 19(6) of Directive 2009/28/EC require that indirect land-use change emissions should be mincluded in the reporting of greenhouse gas emissions from biofuels underimised by introducing a concrete methodology for emissions from carbon stock changes which ensures compliance with the greenhouse gas saving requirement of Article 7b(2) of Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factorArticle 17(2) of Directive 2009/28/EC. The rules for calculating the greenhouse gas impact of biofuels and bioliquids for the purposes of those Directives should therefore include factors reflecting the emissions from indirect land-use change attributable to different types of biofuels and bioliquids. In accordance with Article 7d(6) of Directive 98/70/EC and Article 19(6) of Directive 2009/28/EC, appropriate safeguards should be provided for investment that has been undertaken before the entry into force of this Directive.
Amendment 138 #
Proposal for a directive
Recital 6 a (new)
Recital 6 a (new)
(6a) While biofuels and bioliquids produced from waste and residues have potential to achieve high greenhouse gas emission savings while causing low adverse environmental, social and economic impacts, further assessment of their availability, benefits and risks is appropriate inter alia to inform post-2020 policy. At the same time, further information is needed about the energy security benefits of both conventional and advanced biofuels, particularly insofar as fossil fuels are directly or indirectly used for their production. A mandate should be given to the Commission to submit a report and, if appropriate, make proposals to the European Parliament and the Council in relation to these matters. The report should take into account the environmental, social and economic opportunity cost of using raw materials for purposes other than biofuel and bioliquid production in order to ensure that overall positive and adverse impacts are reflected in the report.
Amendment 146 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7a) Coherence between Directive 98/70/EC, Directive 2009/28/EC and legislation in other areas of Union policy should be improved in order to exploit synergies and improve legal certainty. Definitions of waste and residues for the purposes of Directive 98/70/EC and Directive 2009/28/EC should be harmonised with those established by Directive 2008/98/EC. The waste and residues streams listed in Directive 98/70/EC and Directive 2009/28/EC should be better identified by means of the waste codes in the European catalogue of waste established by Commission Decision 2000/532/EC in order to facilitate the application of those Directives by competent authorities in the Member States. Promotion of biofuels and bioliquids in accordance with Directive 98/70/EC and Directive 2009/28/EC should be consistent with the objectives and purpose of Directive 2008/98/EC. In order to achieve the Union's goal to move towards a recycling society, the waste hierarchy set out in Article 4 of Directive 2008/98/EC should be fully implemented. With a view to facilitate this, the use of waste and residues for the production of biofuels and bioliquids should become part of the waste management plans and waste prevention programmes established by Member States in accordance with Chapter V of Directive 2008/98/EC. The application of Directive 98/70/EC and Directive 2009/28/EC should not jeopardise the full implementation of Directive 2008/98/EC.
Amendment 151 #
Proposal for a directive
Recital 8
Recital 8
(8) The minimum greenhouse gas saving threshold for biofuels and bioliquids produced in newall installations in operation should be increased with effect from 1st July 2014 in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This increase provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph.
Amendment 155 #
Proposal for a directive
Article 1 – point 2 – point -a (new)
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7b – paragraph 1
Article 7b – paragraph 1
(-a) paragraph 1 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 shall be taken into account for the purposes of Article 7a only if they fulfil the sustainability criteria set out in paragraphs 2 to 6c of this Article. Biofuels produced from cereal and other starch rich crops, sugars and oil crops as well as from non-food cellulosic or ligno- cellulosic material other than waste or residues taken into account for the purposes of Article 7a shall not exceed the energy quantity referred to in the second subparagraph of Article 3(1) of Directive 2009/28/EC of the European Parliament and of the Council on the promotion of the use of energy from renewable sources."
Amendment 159 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 1
Article 7b – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels has taken place.
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 163 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
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 175 #
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 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 by using that default value; values for indirect land-use change emissions as laid down in Annex V shall be added to that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV; values for indirect land-use change emissions as laid down in Annex V shall be added to that actual value; or (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 V 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, with the exception of the eiluc value, for which the values referred to in Annex V shall be used."
Amendment 177 #
Proposal for a directive
Recital 10 a (new)
Recital 10 a (new)
(10a) Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector. Furthermore, energy efficiency and energy saving measures should be encouraged.
Amendment 186 #
Proposal for a directive
Recital 11 a (new)
Recital 11 a (new)
(11a) Voluntary schemes recognised by the European Commission are the main instruments that are used by economic operators to show compliance with the sustainability criteria set out in Article 7b of Directive 98/70/EC and Article 17 of Directive 2009/28/EC. However, there is a lack of criteria that those schemes need to comply with in order to obtain recognition. Clearer rules should therefore be laid down. Only schemes that provide effective mechanisms for guaranteeing the independence and reliability of audits and the involvement of local and indigenous communities should be considered as compliant with this Directive. Those schemes should further include clear and stringent rules on the exclusion of consignments of biofuels and bioliquids from the scheme in case of non-compliance with its provisions. In order to monitor and enforce the effective operation of the schemes, the Commission should be able to access and disclose all relevant documents that give rise to concerns about malpractices.
Amendment 187 #
Proposal for a directive
Recital 11 b (new)
Recital 11 b (new)
(11 b) Directive 98/70/EC and Directive 2009/28/EC do not contain any provisions concerning the recognition process of those voluntary schemes, thereby failing to ensure they are effective in ensuring compliance with sustainability criteria and transparent. It is therefore appropriate the the Commission sets mandatory minimum requirements for those schemes to be considered as giving presumption of compliance with sustainability criteria.
Amendment 199 #
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 as well as from non-food cellulosic or ligno-cellulosic material other than waste or residues shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.
Amendment 211 #
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 – point b
Article 3 – paragraph 4 – point b
(i) in point (b), the following phrase iss are added: "Tan energy quantity corresponding to the energy efficiency and energy saving measures taken by Member States shall also be taken into account; this indent shall be without prejudice to Articles 17(1)a and 3(4)d;"
Amendment 218 #
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 and publicly funded scientific evidence, in limiting indirect land-use change greenhouse gas emissions in the Union and third countries exporting to the Union and addressing ways to further minimise that impact, which could include the introduction of by including estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021soon as this Directive enters into force. The Commission will also propose further measures such as a possible import ban on biofuels and bioliquids that contribute to increased greenhouse gas emissions through indirect land use change.
Amendment 219 #
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 – point d
Article 3 – paragraph 4 – 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 crops as well as from non-food cellulosic or ligno-cellulosic material other than waste or residues shall be no more than 54%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.
Amendment 230 #
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(ca) the following paragraph 4a is added: "4a. By [one year after the date on which this Directive enters into force], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b)."
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 232 #
Proposal for a directive
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 – new subparagraph
Article 4 – paragraph 3 – new subparagraph
2a. In Article 4 paragraph 3, the following paragraph is added after point (b): "Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the additional measures it intends to take in accordance with Article 3(5)."
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 233 #
Proposal for a directive
Article 2 – point 2 b (new)
Article 2 – point 2 b (new)
Directive 2009/28/EC
Article 4 – paragraph 3 –new subparagraph
Article 4 – paragraph 3 –new subparagraph
2b. In Article 4 paragraph 3, the following paragraph is added after point (b): "Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the steps in intends to take to meet the target set in the last subparagraph of Article 3(4)."
Amendment 235 #
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 – subparagraph 1 a (new)
Article 7a – paragraph 2 – subparagraph 1 a (new)
(-a) the following subparagraph is added to paragraph 2: "Each Member State shall ensure, for the purposes of paragraphs 2(a) and (b), that the maximum contribution of energy from biofuels contributing to indirect land-use change, namely those listed in annex V, is at most 3% of the final consumption of energy in transport in 2020 in that Member State."
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 248 #
Proposal for a directive
Article 1 – point 2 – point -a (new)
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7b – paragraph 1 – subparagraph 2 a (new)
Article 7b – paragraph 1 – subparagraph 2 a (new)
(-a) the following subparagraph is added to paragraph 1: "An indicative list of waste and residues that may be used for the production of biofuels is set out in Annex V. By [one year after the date on which this Directive enters into force], the Commission shall establish a list of waste codes corresponding to each of the feedstocks listed in Annex V by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). Those codes shall correspond to the harmonised list of waste set out in the Annex to Commission Decision 2000/532/EC."
Amendment 250 #
Proposal for a directive
Article 2 – point 2 – point c – point iii a (new)
Article 2 – point 2 – point c – point iii a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – point e a (new)
Article 3 – paragraph 4 – point e a (new)
(iiia) the following point (ea) is added: (ea) for the calculation of the contribution from electricity produced from renewable energy sources and consumed in all types of rail transport for the purposes of point (a) and (b), Member States may choose to use either the average share of electricity from renewable energy sources in the community or the share of electricity from renewable energy sources in their own country. Furthermore, for the calculation of the electricity from renewable energy sources consumed by all forms of rail transport, that consumption shall be considered to be 2.5 times the energy content of the input of electricity from renewable energy sources.
Amendment 251 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 1
Article 7b – paragraph 2 – subparagraph 1
2. The greenhouse gas emission saving from the use of biofuels taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels produced in installations starting operation after 1st July 2014operation. An installation is “in operation” if the physical production of biofuels has taken place.
Amendment 251 #
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 a (new)
Article 3 – paragraph 4 a (new)
(ca) the following paragraph 4a is added: "4a. By [one year after the date on which this Directive enters into force], the Commission shall make recommendations for additional measures that Member State may take to promote and encourage energy efficiency and energy saving in transport. The recommendations shall include estimates of the quantity of energy that can be saved by implementing each of those measures. The energy quantity corresponding to the measures implemented by a Member State shall be taken into account for the purposes of the calculation referred to in point (b)."
Amendment 253 #
Proposal for a directive
Article 2 – point 2 – point c a (new)
Article 2 – point 2 – point c a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
(ca) In Article 4, the following paragraph 3a is added: "3a. Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the additional measures it intends to take in accordance with Article 3(4a)"
Amendment 254 #
Proposal for a directive
Article 1 – point 2 – point a
Article 1 – point 2 – point a
Directive 98/70/EC
Article 7b – paragraph 2 – subparagraph 2
Article 7b – paragraph 2 – subparagraph 2
Amendment 254 #
Proposal for a directive
Article 2 – point 2 – point c b (new)
Article 2 – point 2 – point c b (new)
Directive 2009/28/EC
Article 4 – paragraph 3 b (new)
Article 4 – paragraph 3 b (new)
(cb) In Article 4, the following paragraph 3b is added: "3b. Each Member State shall publish and notify to the Commission by [one year after the date on which this Directive enters into force] a forecast document indicating the steps in intends to take to meet the target set in the first subparagraph of Article 3(4)."
Amendment 257 #
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in all installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
Amendment 262 #
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 263 #
Proposal for a directive
Article 1 – point 2 – point b a (new)
Article 1 – point 2 – point b a (new)
Directive 98/70/EC
Article 7b – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
Article 7b – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
(ba) the following subparagraphs are added to paragraph 6: "Biofuels taken into account for the purposes referred to in paragraph 1shall not be made from waste or residues where doing so would undermine the application and objectives of Directive 2008/98/EC of the European Parliament and Council on waste and repealing certain Directives. In particular, biofuels taken into account for the purposes referred to in paragraph 1shall not be made from waste or residues which are subject to re-use and recycling targets in accordance with Article 11(2) of Directive 2008/98/EC or to measures adopted by Member States in relation to bio-waste in accordance with Article 22 of that Directive. The waste management plans and the waste prevention programmes established by Member States in accordance with the provisions of Chapter V of Directive 2008/98/EC shall take into account the use of waste and residues for the production of biofuels."
Amendment 264 #
Proposal for a directive
Article 1 – point 2 a (new)
Article 1 – point 2 a (new)
Directive 98/70/EC
Article 7c – paragraph 5
Article 7c – paragraph 5
Amendment 265 #
Proposal for a directive
Article 1 – point 2 b (new)
Article 1 – point 2 b (new)
Directive 98/70/EC
Article 7c – paragraph 6
Article 7c – paragraph 6
Amendment 266 #
Proposal for a directive
Article 1 – point 2 c (new)
Article 1 – point 2 c (new)
Directive 98/70/EC
Article 7c – paragraph 9 a (new)
Article 7c – paragraph 9 a (new)
2c. The following paragraph 9a is added to Article 7c: "9a. By [one year from the entry into force of this Directive] the Commission shall submit a report to the European Parliament and the Council reviewing the operation of agreements or voluntary schemes for which a decision under paragraph 4 has been adopted and identifying best practices. The report shall be based on the best information available, including from consultation with stakeholders, and shall be based on practical experience in the application of the agreements or schemes. The report shall take into account relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each agreement and scheme, the report shall analyse, inter alia, the following: - independency, modality and frequency of audits; - availability and experience in the application of methods for identifying and dealing with non-compliance; - transparency, particularly in relation to the accessibility of the scheme, the availability of translations in the official languages of the countries and regions from which raw materials originate, accessibility of a list of certified operators and relative certificates, accessibility of auditor reports; - stakeholder involvement, particularly as regards the consultation of indigenous and local communities during the drafting and reviewing of the scheme as well as during audits; - overall robustness of the scheme, particularly in light of rules on the accreditation, qualification and independence of auditors and relevant scheme bodies; - market update of the scheme. The Commission shall, if appropriate in light of the report, submit a proposal to the European Parliament and the Council for amending the provisions of this Directive relating to voluntary schemes with a view to promoting best practice."
Amendment 277 #
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 biofuel 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 by using that default value; values for indirect land-use change emissions as laid down in Annex VIII shall be added to 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; values for indirect land-use change emissions as laid down in Annex VIII shall be added to that actual value; (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, with the exception of the eiluc value, for which the values referred to in Annex VIII shall be used.
Amendment 300 #
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
(-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 + edl + 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; edl = annualised emissions from carbon stock changes caused by direct 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."
Amendment 306 #
Proposal for a directive
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(ba) the following point 19a is inserted: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance to Annex V."
Amendment 307 #
Proposal for a directive
Annex I – point 1 – point b b (new)
Annex I – point 1 – point b b (new)
Directive 98/70/EC
Annex IV – part C – point 19 b (new)
Annex IV – part C – point 19 b (new)
(bb) the following point 19b is inserted: "19b. Emissions from extraction or cultivation (eec), direct land-use change (el) and indirect land-use change (eiluc), shall be apportioned to co-products on the basis of their energy content. Emissions apportioned to co-products shall be additional to the emissions apportioned to the principal product."
Amendment 318 #
Proposal for a directive
Annex II – point 1 – point -a (new)
Annex II – point 1 – point -a (new)
Directive Directive 2009/28/EC
Annex V – part C – point 1
Annex V – part C – point 1
(-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 + edl + 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; edl = annualised emissions from carbon stock changes caused by direct 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."
Amendment 322 #
Proposal for a directive
Annex II – point 1 – point b a (new)
Annex II – point 1 – point b a (new)
Directive 2009/28/EC
Annex V – part C – point 19 a (new)
Annex V – part C – point 19 a (new)
(ba) the following point 19a is inserted: "19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance to Annex VIII."
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 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 #
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 iii
Article 3 – paragraph 4 – subparagraph 2 – point e – subparagraph 1 – point iii
Amendment 409 #
Proposal for a directive
Article 2 – point 5 – point -a (new)
Article 2 – point 5 – point -a (new)
Directive 2009/28/EC
Article 17 – paragraph 1 – subparagraph 2 a (new)
Article 17 – paragraph 1 – subparagraph 2 a (new)
(-a) the following subparagraph is added to paragraph 1: "An indicative list of waste and residues that may be used for the production of biofuels is set out in Annex X. By [one year after the date on which this Directive enters into force], the Commission shall establish a list of waste codes corresponding to each of the feedstocks listed in Annex X by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 25(3). Those codes shall correspond to the harmonised list of waste set out in the Annex to Commission Decision 2000/532/EC."
Amendment 413 #
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 1
Article 17 – paragraph 2 – subparagraph 1
2. The greenhouse gas emission saving from the use of biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall be at least 60 % for biofuels and bioliquids produced in installations starting operation after 1st July 2014. An installation is “in operation” if the physical production of biofuels or bioliquids has taken place.
Amendment 415 #
Proposal for a directive
Article 2 – point 5 – point a
Article 2 – point 5 – point a
Directive 2009/28/EC
Article 17 – paragraph 2 – subparagraph 2
Article 17 – paragraph 2 – subparagraph 2
Amendment 426 #
Proposal for a directive
Article 2 – point 5 – point b a (new)
Article 2 – point 5 – point b a (new)
Directive 2009/28/EC
Article 17 – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
Article 17 – paragraph 6 – subparagraphs 1 a, 1 b and 1 c (new)
(ba) the following subparagraphs are added to paragraph 6: "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 waste or residues where doing so would undermine the application and objectives of Directive 2008/98/EC of the European Parliament and Council on waste and repealing certain Directives. In particular, biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from waste or residues which are subject to re-use and recycling targets in accordance with Article 11(2) of Directive 2008/98/EC or to measures adopted by Member States in relation to bio-waste in accordance with Article 22 of that Directive. The waste management plans and the waste prevention programmes established by Member States in accordance with the provisions of Chapter V of Directive 2008/98/EC shall take into account the use of waste and residues for the production of biofuels and bioliquids."
Amendment 427 #
Proposal for a directive
Article 2 – point 5 a (new)
Article 2 – point 5 a (new)
Directive 2009/28/EC
Article 18 – paragraph 2 a (new)
Article 18 – paragraph 2 a (new)
Amendment 428 #
Proposal for a directive
Article 2 – point 5 b (new)
Article 2 – point 5 b (new)
Directive 2009/28/EC
Article 18 – paragraph 2 b (new)
Article 18 – paragraph 2 b (new)
5b. In Article 18, the following paragraph 2b is inserted: "2b. Eurostat shall gather and publish detailed employment information on the numbers, duration and salaries associated with direct, indirect and induced employment generated by the EU biofuels industry. The European Commission should develop an agreed methodology for measuring jobs which should systematically assess and monitor employment levels in member states and at the EU level. Employment figures should be disaggregated by ethanol and biodiesel sectors and clearing identifying the location of the job within the biofuel supply chain. Currently biofuel employment data is not included in official statistics with the employment estimates available to policy-makers varying depending on the underlying definition or methodology adopted by the particular study, the job counting approach applied, and the extent to which studies link agricultural activity to the biofuels industry. A formal process requiring employment figures to be supported by underlying data and transparent assumptions would improve the availability of information."
Amendment 430 #
Proposal for a directive
Article 2 – point 6 a (new)
Article 2 – point 6 a (new)
Directive 2009/28/EC
Article 18 – paragraph 5
Article 18 – paragraph 5
Amendment 431 #
Proposal for a directive
Article 2 – point 6 b (new)
Article 2 – point 6 b (new)
Directive 2009/28/EC
Article 18 – paragraph 6
Article 18 – paragraph 6
6b. In Article 18, paragraph 6 is replaced by the following: "6. Subject to paragraph 6a, decisions under paragraph 4 shall be adopted in accordance with the advisory procedure referred to in Article 25(3), taking into account observations received from the public pursuant to paragraph 6a. Without prejudice to paragraph 6d, such decisions shall be valid for a period of no more than five years. When the Commission envisages that a decision under paragraph 4 may be adopted, it shall publish the agreement or scheme on the transparency platform referred to in Article 24. All the constituent parts of the agreement or scheme shall be collated in a single document. The Commission shall publish a notice inviting the public to submit observations in relation to the agreement or scheme. The period for observations shall not be shorter than two months as from the date of the notice. The Commission shall publish a report on the agreement or scheme on the transparency platform. In preparing the report, the Commission may rely on the expertise of third parties. Any conflict of interest in relation to any person involved in the preparation of the report shall be identified and resolved. After the adoption of a decision under paragraph 4, the agreement or scheme shall be published on the transparency platform. All the constituent parts of the agreement or scheme shall collated in a single document. Decisions under paragraph 4 shall indicate that any natural or legal person may submit substantiated concerns to the Commission in relation to the operation of the agreement or scheme. The Commission shall respond, within two months, by indicating whether it intends to take further action. When the information available raises doubts about whether an agreement or scheme in respect of which a decision under paragraph 4 has been adopted continues to fulfil the requirements of paragraph 5, the Commission shall assess the practical operation of the agreement or scheme. To this end, the Commission shall be empowered to access any relevant document produced or held for the purposes of the operation of the agreement or scheme. When justified by preliminary evidence of serious shortcomings in the operation of the agreement or scheme, the Commission shall immediately suspend the decision under paragraph 4 by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 25b. The suspension shall be revoked in the same manner when the Commission assessment concludes that the matter has been solved."
Amendment 432 #
Proposal for a directive
Article 2 – point 6 c (new)
Article 2 – point 6 c (new)
Directive 2009/28/EC
Article 18 – paragraph 9 a (new)
Article 18 – paragraph 9 a (new)
Amendment 468 #
Proposal for a directive
Article 3
Article 3
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 491 #
Proposal for a directive
Annex I – point 1 – point b a (new)
Annex I – point 1 – point b a (new)
Directive 98/70/EC
Annex IV – part C – point 19 a (new)
Annex IV – part C – point 19 a (new)
(ba) the following point is added: "19a. Emissions from extraction or cultivation (eec), direct land-use change (el) and indirect land-use change (eiluc), shall be apportioned to co-products on the basis of their energy content. Emissions apportioned to co-products shall be additional to the emissions apportioned to the principal product."
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 526 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX
Annex IX
Amendment 552 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/29/EC
Annex IX – part A – point f
Annex IX – part A – point f
Amendment 562 #
Proposal for a directive
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point n
Annex IX – part A – point n
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)