44 Amendments of Elisabeth KÖSTINGER related to 2016/0382(COD)
Amendment 154 #
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limitedn essential role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuelstherefore remain on the market. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is not appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive. It should be noted that advanced biofuels will not be available in the necessary amount in the near future.
Amendment 182 #
Proposal for a directive
Recital 62
Recital 62
(62) The European Strategy for a low- carbon mobility of July 2016 pointed out that food-based biofuels have a limitedn essential role in decarbonising the transport sector and should be gradually phased out and replaced by advanced biofuelstherefore remain on the market. To prepare for the transition towards advanced biofuels and minimise the overall indirect land-use change impacts, it is not appropriate to reduce the amount of biofuels and bioliquids produced from food and feed crops that can be counted towards the Union target set out in this Directive. It should be noted that advanced biofuels will not be available in the necessary amount in the near future.
Amendment 198 #
Proposal for a directive
Recital 75
Recital 75
(75) It is appropriate to introduce Union-wide sSustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation, in order toshould continue to ensure high greenhouse gas savings compared to fossil fuel alternatives, to avoid unintended sustainability impacts, and to promote the internal market. To ensure fair competition and transparency on the energy markets production criteria of fossil fuels and fossil energies are indispensable.
Amendment 200 #
Proposal for a directive
Recital 75 a (new)
Recital 75 a (new)
(75 a) To ensure full transparency through out all sectors of energy production the European Commission should set up production criteria for fossil energies until December 2018 via delegated act.
Amendment 246 #
Proposal for a directive
Recital 75
Recital 75
(75) It is appropriate to introduce Union-wide sSustainability and greenhouse gas emission saving criteria for biomass fuels used in the electricity and heating and cooling generation, in order toshould continue to ensure high greenhouse gas savings compared to fossil fuel alternatives, to avoid unintended sustainability impacts, and to promote the internal market. To ensure fair competition and transparency on the energy markets production criteria of fossil fuels and fossil energies are indispensable.
Amendment 247 #
Proposal for a directive
Recital 75 a (new)
Recital 75 a (new)
(75a) To ensure full transparency throughout all sectors of energy production the European Commission should set up production criteria for fossil fuels and fossil energies until December 2018 by means of delegated acts.
Amendment 301 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 385 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from biomass fuels produced from food or feed crops, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 399 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – paragraph 1
for the calculation of the numerator, the energy content of biomass fuels produced from food or feed crops, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non- biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 421 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and, cooling or fuels with a fuel capacity equal to or exceeding 250 MW in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0.51 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Amendment 431 #
Proposal for a directive
Article 7 – paragraph 1 – subparagraph 4
Article 7 – paragraph 1 – subparagraph 4
For the calculation of a Member State’s gross final consumption of energy from renewable energy sources, the contribution from biofuels and bioliquids, as well as from biomass fuels consumed in transport, if produced from food or feed crops, shall be no more than 7% of final consumption of energy in road and rail transport in that Member State. This limit shall be reduced to 3,8% in 2030 following the trajectory set out in part A of Annex X. Member States may set a lower limit and may distinguish between different types of biofuels, bioliquids and biomass fuels produced from food and feed crops, for instance by setting a lower limit for the contribution from food or feed crop based biofuels produced from oil crops, taking into account indirect land use change.
Amendment 448 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point i
Article 26 – paragraph 5 – point a – point i
i) harvesting is carried out in accordance to the conditions of the harvesting permitlegal right to harvest based on national rules and national circumstances within the legally gazetted boundaries;
Amendment 450 #
iii) areas of high conservation value, includingdesignated to promote the maintenance of biodiversity, including areas designated to promote the maintenance of biodiversity in wetlands and peatlands, are protected;
Amendment 452 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point iv
Article 26 – paragraph 5 – point a – point iv
Amendment 456 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point v
Article 26 – paragraph 5 – point a – point v
Amendment 460 #
(b) when evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holdingthe supply base level to ensure that:
Amendment 461 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point i
Article 26 – paragraph 5 – point b – point i
i) the forest biomass has been harvested according to a legal permiharvesting is carried out according to the conditions of a harvesting permit procedure or equivalent legal right to harvest;
Amendment 464 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point iii
Article 26 – paragraph 5 – point b – point iii
iii) areas of high conservation value, including peadesignated to promote the maintenance of biodiversity, including areas designated to promote the maintenance of biodiversity in wetlands and wepeatlands, are identified and protected;
Amendment 470 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point v
Article 26 – paragraph 5 – point b – point v
Amendment 475 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 2
Article 26 – paragraph 6 – subparagraph 2
When evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holdingsupply base level to ensure that long-term carbon stocks and sinks levels in the forest are maintained.
Amendment 477 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 4
Article 26 – paragraph 6 – subparagraph 4
By 31 December 20236, the Commission shall in close collaboration with the Member States assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address LULUCF requirements, on the basis of available data. The Commission shall, if appropriate, present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period post 2030.
Amendment 488 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 250 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive].
Amendment 501 #
Proposal for a directive
Article 26 – paragraph 10 a (new)
Article 26 – paragraph 10 a (new)
10a. The Commission shall adopt delegated acts in accordance with Article 32 to set up production criteria for fossil energies until December 2018;
Amendment 502 #
Proposal for a directive
Article 26 – paragraph 10 b (new)
Article 26 – paragraph 10 b (new)
10b. Energy from fossil fuels and fossil energies shall comply with production criteria set out in Annex V a;
Amendment 506 #
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 26(7), and/or demonstrate that consignments of biofuels, bioliquids or biomass fuels comply with the sustainability criteria set out in Article 26(2), (3), (4), (5) and (6), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When demonstrating that requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may decide to directly provide the required evidence at the forest holdingsupply base level. The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 26(2)(b)(ii).
Amendment 532 #
Proposal for a directive
Annex V a (new)
Annex V a (new)
Amendment 564 #
Proposal for a directive
Annex X – part 1
Annex X – part 1
Amendment 565 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 1
Article 25 – paragraph 1 – subparagraph 1
1. With effect from 1 January 2021, Member States shall require fuel suppliers to include a minimum share of energy from biomass fuels produced from food or feed crops, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, from renewable liquid and gaseous transport fuels of non-biological origin, from waste-based fossil fuels and from renewable electricity in the total amount of transport fuels they supply for consumption or use on the market in the course of a calendar year.
Amendment 604 #
Proposal for a directive
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
Article 25 – paragraph 1 – subparagraph 4 – point b – subparagraph 1
(b) for the calculation of the numerator, the energy content of biomass fuels produced from food or feed crops, advanced biofuels and other biofuels and biogas produced from feedstock listed in Annex IX, renewable liquid and gaseous transport fuels of non-biological origin, waste based fossil fuels supplied to all transport sectors, and renewable electricity supplied to road vehicles, shall be taken into account.
Amendment 698 #
Proposal for a directive
Article 26 – paragraph 1 – subparagraph 3
Article 26 – paragraph 1 – subparagraph 3
Biomass fuels shall have to fulfil the sustainability and greenhouse gas emissions saving criteria set out in paragraphs 2 to 7 only if used in installations producing electricity, heating and, cooling or fuels with a fuel capacity equal to or exceeding 250 MW in case of solid biomass fuels and with an electrical capacity equal to or exceeding 0.51 MW in case of gaseous biomass fuels. Member States may apply the sustainability and greenhouse gas emission saving criteria to installations with lower fuel capacity.
Amendment 748 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point i
Article 26 – paragraph 5 – point a – point i
i) harvesting is carried out in accordance to the conditions of the harvesting permitlegal right to harvest based on national rules and national circumstances within the legally gazetted boundaries;
Amendment 756 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point iii
Article 26 – paragraph 5 – point a – point iii
iii) areas of high conservation value, includingdesignated to promote the maintenance of biodiversity, including areas designated to promote the maintenance of biodiversity in wetlands and peatlands, are protected;
Amendment 765 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point iv
Article 26 – paragraph 5 – point a – point iv
Amendment 775 #
Proposal for a directive
Article 26 – paragraph 5 – point a – point v
Article 26 – paragraph 5 – point a – point v
Amendment 788 #
Proposal for a directive
Article 26 – paragraph 5 – point b – introductory part
Article 26 – paragraph 5 – point b – introductory part
(b) when evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holdingthe supply base level to ensure that:
Amendment 796 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point i
Article 26 – paragraph 5 – point b – point i
i) the forest biomass has been harvested according to a legal permiharvesting is carried out according to the conditions of a harvesting permit procedure or equivalent legal right to harvest;
Amendment 804 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point iii
Article 26 – paragraph 5 – point b – point iii
iii) areas of high conservation value, including peadesignated to promote the maintenance of biodiversity, including areas designated to promote the maintenance of biodiversity in wetlands and wepeatlands, are identified and protected;
Amendment 821 #
Proposal for a directive
Article 26 – paragraph 5 – point b – point v
Article 26 – paragraph 5 – point b – point v
Amendment 842 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 2
Article 26 – paragraph 6 – subparagraph 2
When evidence referred to in the first subparagraph is not available, the biofuels, bioliquids and biomass fuels produced from forest biomass shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 if management systems are in place at forest holdingsupply base level to ensure that long-term carbon stocks and sinks levels in the forest are maintained.
Amendment 851 #
Proposal for a directive
Article 26 – paragraph 6 – subparagraph 4
Article 26 – paragraph 6 – subparagraph 4
By 31 December 20236, the Commission shall, in close collaboration with the Member States, assess whether the criteria set out in paragraphs 5 and 6 effectively minimise the risk of using unsustainable forest biomass and address LULUCF requirements, on the basis of available data. The Commission shall, if appropriate, present a proposal to modify the requirements laid down in paragraphs 5 and 6 for the period post 2030.
Amendment 890 #
Proposal for a directive
Article 26 – paragraph 8 – subparagraph 1
Article 26 – paragraph 8 – subparagraph 1
8. Electricity from biomass fuels produced in installations with a fuel capacity equal to or exceeding 250 MW shall be taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 only if it is produced applying high efficient cogeneration technology as defined under Article 2(34) of Directive 2012/27/EU. For the purposes of points (a) and (b) of paragraph 1, this provision shall only apply to installations starting operation after [3 years from date of adoption of this Directive]. For the purposes of point (c) of paragraph 1, this provision is without prejudice to public support provided under schemes approved by [3 years after date of adoption of this Directive].
Amendment 915 #
Proposal for a directive
Article 26 – paragraph 10 a (new)
Article 26 – paragraph 10 a (new)
10a. By 1 December 2018, the Commission shall adopt delegated acts in accordance with Article 32 setting up production criteria for fossil energies.
Amendment 930 #
Proposal for a directive
Article 27 – paragraph 4 – subparagraph 1
Article 27 – paragraph 4 – subparagraph 1
4. The Commission may decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 26(7), and/or demonstrate that consignments of biofuels, bioliquids or biomass fuels comply with the sustainability criteria set out in Article 26(2), (3), (4), (5) and (6), and/or that no materials have been intentionally modified or discarded so that the consignment or part thereof would fall under Annex IX. When demonstrating that requirements set out in Article 26(5) and (6) for forest biomass are met, the operators may decide to directly provide the required evidence at the forest holdingsupply base level. The Commission may also recognise areas for the protection of rare, threatened or endangered ecosystems or species recognised by international agreements or included in lists drawn up by intergovernmental organisations or the International Union for the Conservation of Nature for the purposes of Article 26(2)(b)(ii).
Amendment 1082 #
Proposal for a directive
Annex X – Part A
Annex X – Part A