35 Amendments of Peter JAHR related to 2012/0288(COD)
Amendment 77 #
Council position
Recital 1
Recital 1
(1) Pursuant to Article 3(4) of Directive 2009/28/EC of the European Parliament and of the Council3 each Member State is to 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. The blending of biofuels is one of the methods available for Member States to meet this target, and is expected to be the main contributor. Other methods to meet the target are reducing energy consumption, which is imperative because a mandatory percentage target for energy from renewable sources is likely to become increasingly difficult to achieve sustainably if overall demand for energy for transport continues to rise, and the use of electricity from renewable energy sources. __________________ 3Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 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 (OJ L 140, 5.6.2009, p. 16).
Amendment 79 #
Council position
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non- agricultural land into production elsewhere. The latter case constitutes indirect land-use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore be amended to include provisions to address indirect land-use change given that current biofuels are mainly produced from crops grown on existing agricultural land.
Amendment 81 #
Council position
Recital 4
Recital 4
(4) Where pasture or agricultural land previously destined for food and feed markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied either through intensification of current production or by bringing non- agricultural land into production elsewhere. The latter case constitutes indirect land-use change and when it involves the conversion of land with high carbon stock it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore be amended to include provisions to address indirect land-use change given that current biofuels are mainly produced from crops grown on existing agricultural land. However, Article 19(6) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require that appropriate measures are taken to protect investments already made before the indirect land use change methodology is applied.
Amendment 86 #
Council position
Recital 4 a (new)
Recital 4 a (new)
(4a) In addition, it should be borne in mind that biofuel production from arable crops in the Union helps to reduce the Union shortage of vegetable protein.
Amendment 90 #
Council position
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 there is a risk that greenhouse gas emissions linked to indirect land- use change are significant, and could negate some or all of the greenhouse gas emission savings of individual biofuelscould be significant. 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 such emissions, it is appropriate to distinguish between crop groups such as oil crops, sugars and cereals and other starch-rich crops accordinglyavert this risk in the short, medium and long term, research and development should be encouraged into the production of new forms of advanced biofuels that do not compete directly with food crops.
Amendment 111 #
Council position
Recital 9
Recital 9
(9) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the Commission2012 Communication of 13 February 2012 entitled ‘Innovating for Sustainable growth: A Bioeconomy for Europe’ and the Commission Communication of 20 September 2011 entitled ‘Roadmap to a Resource Efficient Europe’, promoting integrated and diversified biorefineries across Europe, enhanced incentives under Directive 2009/28/EC should be set in a way that gives preference to the use of biomass feedstocks that do not have a high economic value for other uses other than biofuels or which do not impact on the environment in such a way as to compromise local ecosystems by depriving food crops of land and water.
Amendment 124 #
Council position
Recital 13
Recital 13
(13) To prepare for the transition towards increased use of 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 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 useestablish mandatory targets for advanced biofuels to be phased in gradually and according to a timetable that will provide predictability and stability for investors and to limit the amount of biofuels and bioliquids obtained from food crops 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 crops that can be counted towards the 10% target for transport set in Directive 2009/28/EC should be limited by introducing a 6.5% cap ofn such biofuels and bioliquids in 2020. 1% out of the 10% target could be achieved by counting the use of renewable energy in electric transport or the use of hydrogen in transport.
Amendment 127 #
Council position
Recital 13 a (new)
Recital 13 a (new)
(13a) Considering that the present Union installed conventional ethanol production capacity is equal to 6% by energy of the expected 2020 petrol market, that there is a legitimate need to protect existing investments in conventional biofuel production capacity made in good faith and that a start needs to be made on commercialising ethanol from lignocellulose, a dedicated target of at least 7.5% from renewable sources of final energy consumption in the transport sector in the form of petrol in 2020 should be introduced, of which 8% should be from biofuel produced from sugars and starch crops.
Amendment 130 #
Council position
Recital 14 a (new)
Recital 14 a (new)
(14a) 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 137 #
Council position
Recital 15
Recital 15
(15) The Commission's impact assessment has shown that the models used to estimated the indirect land-use change emissions should be included in the reporting by the Commission of greenhouse gas emissions from biofuels under Directives 98/70/EC and 2009/28/EC. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. of biofuels production deliver results with significant variations, limitations and uncertainties. The results of modelling emissions from indirect land-use change are therefore still too uncertain to be included in legislation. The Commission should, before 31 December 2015, submit a report to the European Parliament, incorporating experience from ILUC-models implemented in other countries and developed in close corporation with all relevant stakeholders, on progress as regards the robustness and reliability of scientific evidence for the use of indirect land use change factors; the report should, if appropriate, be accompanied by a legislative proposal introducing a requirement for fuel suppliers to regularly report on the estimated indirect land-use change emissions of the biofuels they market, based on ILUC factors and with effect from September 2016.
Amendment 143 #
Council position
Recital 15 a (new)
Recital 15 a (new)
(15a) The use of land to grow biofuel feedstocks should not result in the displacement of local and indigenous communities. Accordingly, only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be regarded as sustainable.
Amendment 145 #
Council position
Recital 16 a (new)
Recital 16 a (new)
(16a) The Commission should periodically review the methodology for estimating land-use change emission factors and the list of available advanced biofuels as laid down in Annex IX, taking into account consolidated, peer-reviewed, technical and scientific progress, and continuously report on the development of models used to estimate indirect land-use change emissions.
Amendment 146 #
Council position
Recital 16 b (new)
Recital 16 b (new)
(16b) The review and adaptation of this methodology should take into account the fact that undertakings have already made massive investments on the basis of current legislation.
Amendment 147 #
Council position
Recital 17 a (new)
Recital 17 a (new)
(17a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, the use of renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on transport, Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time to enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems.
Amendment 148 #
Council position
Recital 18 a (new)
Recital 18 a (new)
(18a) The Commission should also review ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land. The Commission may also assess the impact on biomass-using sectors.
Amendment 150 #
Council position
Recital 19 a (new)
Recital 19 a (new)
(19a) Other ILUC mitigation measures, such as the use of co-products, yield increases, manufacturing efficiencies and crop production on vulnerable, abandoned or unused land, should be assessed by the Commission with a view to incorporating them into the directives in the form of a bonus similar to that already provided for in Part C, point 7, of Annex IV to Directive 98/70/EC and in Part C, point 7, of Annex V to Directive 2009/28/EC for biomass obtained from restored degraded land.
Amendment 169 #
Council position
Article 1 – point 2 – point -a (new)
Article 1 – point 2 – point -a (new)
Directive 98/70/EC
Article 7a – paragraph 2 a (new)
Article 7a – paragraph 2 a (new)
-a) the following paragraph is added: ‘(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 as from 31 December 2020 to achieve a 10 % reduction as compared with the fuel baseline standard referred to in paragraph 5(b).’
Amendment 171 #
Council position
Article 1 – point 2 – point a a (new)
Article 1 – point 2 – point a a (new)
Directive 98/70/EC
Article 7a – paragraph 5 a (new)
Article 7a – paragraph 5 a (new)
aa) the following paragraph is added: ‘(5a) Each year the Commission shall assess the development of fuels generated using carbon-capture-and-usage and power-to-fuel technologies and propose the average greenhouse gas standard values for these fuels in accordance with Part 2, Point 5, of Annex 1 to Council Directive .../.../EC1a.’ _______________ 1aCouncil Directive .../.../EC laying down calculation procedures and reporting requirements in accordance with Directive 98/70/EC of the European Parliament and of the Council relating to the quality of petrol and diesel fuels (not yet published in the Official Journal).
Amendment 172 #
Council position
Article 1 – point 2 – point b
Article 1 – point 2 – point b
Directive 98/70/EC
Article 7a – paragraph 6
Article 7a – paragraph 6
(6) As part of the reporting under paragraph 1, Member States shall ensure that fuel suppliers report annually to the authority designated by the Member State, on the biofuel production pathways, volumes of biofuels derivFuel suppliers shall by 31 March each year report to the authority designated by the Member State, following procedures established with an eye to avoiding administrative burdens, on progress made towards reaching the mandatory targets referred to in Article 3(4) of Directive 2009/28/EC for advanced biofuels. The suppliers shall document that the biofuels are produced from the feedstocks as categorised in Part A of Annex V, and the life cycle greenhouse gas emissions per unit of energyin accordance with the definition of advanced biofuels set out in Article 2 of Directive 2009/28/EC, which includes in particular production from feedstocks listed in Annex IX. Member States shall report thoese data to the Commission.
Amendment 187 #
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 from countries or regions in which emissions from land use change amount to more than 35% of emissions from fossil fuels (30 g CO2eq/MJ) calculated for the whole country or region in accordance with Part C, point 7, of Annex IV shall not be taken into account for the purposes referred to in paragraph 1.’
Amendment 189 #
Council position
Article 1 – point 3 – point b b (new)
Article 1 – point 3 – point b b (new)
Directive 98/70/EC
Article 7b – paragraph 5 a (new)
Article 7b – paragraph 5 a (new)
bb) The following paragraph is inserted: ‘5a. Raw materials used to produce biofuels and bioliquids should not be taken into account for the purposes referred to in points (a), (b) and (c) of Article 7a(2) if, in the year of the raw material production, the use of land covered by paragraphs 4 and 5 has been changed considerably.’
Amendment 190 #
Council position
Article 1 – point 3 – point b c (new)
Article 1 – point 3 – point b c (new)
bc) In paragraph 7, the first sentence of the second subparagraph is amended as follows: ‘The Commission shall, report every two years, report to the European Parliament and the Council on the impact on social sustainability in the CommunityUnion and in third countries of increased demand for biofuel, on the impact of Communitycontribution of biofuel production to reducing the Union's shortage of vegetable protein and on the impact of Union biofuel policy on the availability of foodstuffs at affordable prices, in particular for people living in developing countries, and on wider development issues.’
Amendment 204 #
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. In the case of biofuels volumes that were produced before ...1a and which fulfill the required sustainability criteria, the ILUC methodology, referred to for the purposes in Article 7a and 7d, shall not be applicable. __________________ 1a OJ: please insert the date of entry into force of this Directive
Amendment 234 #
Council position
Article 2 – point 2 – point b – point ii a (new)
Article 2 – point 2 – point b – point ii a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – subparagraph 2 – point b a (new)
Article 3 – paragraph 4 – subparagraph 2 – point b a (new)
iia) The following point is inserted in Article 3(4), second subparagraph: ‘ba) 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.’
Amendment 298 #
Council position
Article 2 – point 2 a (new)
Article 2 – point 2 a (new)
Directive 2009/28/EC
Article 4 – paragraph 3 a (new)
Article 4 – paragraph 3 a (new)
2a. In Article 4 the following point 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 311 #
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 a (new)
Article 17 – paragraph 4 a (new)
ba) the following paragraph is added: ‘(4a) Biofuels and bioliquids from countries or regions in which emissions from land-use changes amount to more than 35% of the emissions from fossil fuels (30 g CO2eq/MJ) calculated for the whole country or region in accordance with point 7 of part C of Annex V shall not be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1.’
Amendment 314 #
Council position
Article 2 – point 5 – point b d (new)
Article 2 – point 5 – point b d (new)
Directive 2009/28/EC
Article 17 – paragraph 5 a (new)
Article 17 – paragraph 5 a (new)
Amendment 328 #
Council position
Article 2 – point 7 – point b
Article 2 – point 7 – point b
Directive 2009/28/EC
Article 19 – paragraph 6
Article 19 – paragraph 6
(b) paragraph 6 is deleted;replaced by the following: "6. In the case of biofuels volumes that were produced before ...1a and that fulfil the required sustainability criteria, the ILUC methodology, referred to for reporting purposes in this Directive, as well as for purposes of Article 7a and 7d of Directive 98/70/EC, shall not be applicable." __________________ 1a OJ: please insert the date of entry into force of this Directive
Amendment 330 #
Council position
Article 2 – point 7 – point d a (new)
Article 2 – point 7 – point d a (new)
Directive 2009/28/EC
Article 19 – paragraph 8 a (new)
Article 19 – paragraph 8 a (new)
da) the following paragraph is inserted: ‘(8a) No later than 31 December 2015, the Commission shall submit a legislative proposal to incorporate further ILUC mitigation measures such as use of co- products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land by means of a similar bonus to the one set out for biomass obtained from land under the conditions provided for in Annex IV part C point 8.’
Amendment 352 #
Council position
Annex I
Annex I
Directive 98/70/EC
Annexes IV and V
Annexes IV and V
Amendment 369 #
Council position
Annex II – point 1
Annex II – point 1
Directive 2009/28/EC
Annex V – Part C – point 7
Annex V – Part C – point 7
Amendment 375 #
Council position
Annex II – point 2
Annex II – point 2
Directive 2009/28/EC
Annex VIII
Annex VIII
Amendment 383 #
Council position
Annex II – point 3
Annex II – point 3
Directive2009/28/EC
Annex IX
Annex IX
Annex IX Part A. Feedstocks and fuels, the contribution of which towards the target(s) referrList of advanced biofuels The biofuel coming from the following feed sto in Article 3(4) shall be considered to be twice their energy content a) Algae if cultivated on land in ponds or photobioreactorscks will be considered advanced biofuels: (a) Algae; b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under point (a) of Article 11(2)(a) of Directive 2008/98/EC; c) Bio-waste as defined in Article 3(4) of Directive 2008/98/EC from private households subject to separate collection as defined in Article 3(11) of that of 19 November 2008 on waste and repealing certain Directive.s; 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 Annexand biodegradable fraction of industrial waste; e) Straw; f) AnimalLivestock manure and sewage sludge; g) Palm oil mill effluent and empty palm fruit bunches; 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 topProcessing residues from pulp and paper industry such as black liquor, crude sulphate soap, crude tall oil and tall oil pitch; i) Crude glycerine; j) Bagasse; k) Grape marcs and wine lees; l) Nut shells; m) Husks; n) Cobs; o) Bark, branches, thinnings, leaves, saw dust, and cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil; p) Other non-food cellulosic material as defined in point (s) of the second paragraph of Article 2; q) Other ligno-cellulosic material as defined in point (r) of the second paragraph of Article 2; oa) Animal fats classified as category I, II and III in accordance with EC/1774/2002 laying down health rules concerning animal by-products not intended for human consumption**; p) Non-food cellulosic material; q) Ligno-cellulosic material except saw logs and veneer logs; r) Renewable liquqa) Triglycerides, free fatty acids and gaseous fuels of non-biological origin. ________________ * 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) (fatty distillates and off-specification oils from oleochemical, biodiesel, vegetable oil refining, food processing and animal fat rendering industries qb) Animal fats not intended for human consumption qc) Technical corn oil qd) Waste fat from fish processing industry. r) Renewable liquids and gaseous fuels of non-biological origin. ________________ * OJ L 300273, 140.110.20092, p. 1).'.
Amendment 414 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point j
Annex IX – part A – point j
j) Bagasse and molasses;
Amendment 422 #
Council position
Annex II – point 3
Annex II – point 3
Directive 2009/28/EC
Annex IX – part A – point o
Annex IX – part A – point o
o) Biomass fraction of wastes and residues from forestry and forest-based industries, i.e. bark, branches, pre-commercial thinnings, leaves, needles, tree tops, saw dust, cutter shavings, black liquor, brown liquor, fibre sludge, lignin and tall oil and lignin;