31 Amendments of Eva JOLY related to 2012/0288(COD)
Amendment 10 #
Proposal for a directive
Recital 1
Recital 1
(1) Given the proven negative impacts of the Union's biofuels policy on the enjoyment of the right to food in a number of developing countries, 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 that requires Member States to ensure that the share of energy from renewable energy sources in all forms of transport in 2020 is at least 10% of their final energy consumption. 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 should be removed.
Amendment 11 #
Proposal for a directive
Recital 1 a (new)
Recital 1 a (new)
(1 a) The need to reduce energy consumption in the transport sector is imperative because a 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. The use of electricity from renewable energy sources and blending of zero and low iLUC biofuels are other methods available for Member States to meet this target.
Amendment 12 #
Proposal for a directive
Recital 2
Recital 2
(2) In view of the Union's objectives to further reduce greenhouse gas emissions and the significant contribution that road transport fuels make to those emissions, Article 7a(2) of Directive 98/70/EC relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EC requires fuel suppliers to reduce by at least 6% by 31 December 2020 the life cycle greenhouse gas emissions per unit of energy (‘"greenhouse gas intensity’") of fuels used in the Union by road vehicles, non-road mobile machinery, agricultural and forestry tractors and recreational craft when not at sea. The blending of zero or low direct and indirect greenhouse gas emissions biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied.
Amendment 14 #
Proposal for a directive
Recital 5
Recital 5
(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks it is likely that, greenhouse gas emissions linked to indirect land use change are significant, and couldwill negate some or all of theany greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In orderdirect land-use changes therefore need to be taken into account so as to preduce such emissionsvent these potential sources of emissions from undermining efforts to meet the Union's renewable energy and greenhouse gas emission targets. In order to reduce indirect land-use change and land grabbing, it is appropriate therefore to distinguish between crop gland-based energy croups such as (oil crops, cereals, sugars and other starch containing crops accordingly) on the one hand, and non-land-based biofuels on the other hand. Furthermore, EU public subsidies for the biofuels industry (10 billion EUR per year) incentivise land-use change and land-grabbing and should be phased out by 2020 at the latest.
Amendment 18 #
Proposal for a directive
Recital 6
Recital 6
(6) Liquid renewable fuels are likely to be required by the transport sector in order to reduce its greenhouse gas emissions. Advanced biofuels, such as those made from wastes and algae, provide high greenhouse gas savings with low risk of causing indirect land use change and do not compete directly for agricultural land for the food and feed markets. It is appropriate, therefore, to encourage greater production of suchome advanced biofuels as these are currently not commercially available in large quantities, in part due to competition for public subsidies with established food crop based biofuel technologies. Further incentives should be provided by increasing the weighting of advanced biofuels towards 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.
Amendment 20 #
Proposal for a directive
Recital 7
Recital 7
(7) In order to ensure the long-term competitiveness of bio-based industrial sectors, and in line with the 2012 Communication ‘'Innovating for Sustainable growth: A Bioeconomy for Europe’' and the 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 than biofuels. It is also essential to make sure that EU waste policies remain consistent and that the waste hierarchy set out in Article 4 of Directive 2008/98/EC is applied. No negative incentives that could jeopardise proper implementation of this directive should be created.
Amendment 21 #
Proposal for a directive
Recital 7 a (new)
Recital 7 a (new)
(7 a) The use of biomass resources involves significant opportunity costs linked to the depletion or loss of ecosystem services. Member States should refrain from subsidizing or mandating energy use of feedstocks where their diversion from existing uses would have a negative impact on land rights, food rights, biodiversity, soil or overall carbon balance. Policies should also ensure a cascade of biomass use, with safeguards to ensure that resources are not diverted from high societal added value applications to low value energy use.
Amendment 22 #
Proposal for a directive
Recital 8
Recital 8
(8) The minimumtotal greenhouse gas saving threshold foremissions from biofuels and bioliquids produced in new installations should be increased with effect from 1st July 2014progressively decreased in order to improve their overall greenhouse gas balance as well as discouraging further investments in installations with low greenhouse gas savings performance. This indecrease provides for investment safeguards in biofuels and bioliquids production capacities in conformity with Article 19(6) second subparagraph.
Amendment 23 #
Proposal for a directive
Recital 9
Recital 9
(9) To prepare for the transition towards advanced biofuels and minimiseminimise the negative impacts on land rights and land speculation, food rights and food commodities prices, biodiversity, soil and 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 and other 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. The share of land- based biofuels and bioliquid crops that can be counted towards the targets ofransport fuel target under Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011progressively reduced until 2020, when this share will be equal to zero.
Amendment 24 #
Proposal for a directive
Recital 10
Recital 10
(10) The 50% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliancey with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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 26 #
Proposal for a directive
Recital 11
Recital 11
(11) The estimatedIn order to make sure that Union targets for greenhouse gas emission savings and biofuels are meaningful and effective, indirect land-use change emissions should be included in the reportaken into account when calculating ofthe greenhouse gas emissions from biofuels under savings required under the sustainability criteria set out in Directive 2009/28/EC and Directives 98/70/EC and 2009/28/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a (2), in order to offer incentives for the production of biofuels with a low indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste feedstocks, should be assigned a zero emissions factor. .
Amendment 32 #
Proposal for a directive
Recital 20
Recital 20
(20) The Commission should review the effectiveness of the measures introduced by this Directive, based on the best and latest available scientific evidence, in limiting indirect land-use change greenhouse gas emissions and addressing ways to further minimise that impact, which could include the introduction of estimated indirect land-use change emission factors in the sustainability scheme as of 1st January 2021.
Amendment 35 #
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 7 b – paragraph 5a (new)
Article 7 b – paragraph 5a (new)
(ba) The following paragraph is inserted "5a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from wastes, unless independently verified as conforming to the waste hierarchy, namely prevention, preparation for re-use and recycling before recovery for energy purposes, as outlined in Directive 2008/98/EC."
Amendment 36 #
Proposal for a directive
Article 1 – point 3 – point -a (new)
Article 1 – point 3 – point -a (new)
Directive 98/70/CE
Article 7d – paragraph 1
Article 7d – paragraph 1
(-a) Paragraph 1 is replaced by the following: "1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows: (a) where a default value for greenhouse gas emission savings for the 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 IV is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV adding the estimates for indirect land-use change emissions set out in Annex V; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex IV, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex V."
Amendment 40 #
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 – first subparagraph
Article 3 – paragraph 4 – first subparagraph
(-i) The first subparagraph is replaced by the following: "Each Member State may ensure that energy from renewable energy sources in all forms of transport in 2020 represents a share of the final consumption of energy in transport in that Member State."
Amendment 41 #
Proposal for a directive
Article 2 – point 2 – point c – point -i a(new)
Article 2 – point 2 – point c – point -i a(new)
Directive 2009/28/EC
Article 3 – paragraph 4 – second sub–paragraph (new)
Article 3 – paragraph 4 – second sub–paragraph (new)
(-ia) after the first subparagraph, the following subparagraph is inserted: "For the purposes of the first subparagraph, each Member State shall ensure that the share of: (a) electricity from renewable energy sources used in all forms of transport in 2020 is at least 2% of the final consumption of energy in transport in that Member State (b) energy from biofuels produced from cereal and other starch rich crops, sugar crops, oil crops and non-food energy crops shall be 0% of the final consumption of energy in transport by 2020."
Amendment 42 #
Proposal for a directive
Article 2 – point 2 – point c – point i a (new)
Article 2 – point 2 – point c – point i a (new)
Directive 2009/28/EC
Article 3 – paragraph 4 – second subparagraph – point c
Article 3 – paragraph 4 – second subparagraph – point c
Amendment 43 #
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 – second subparagraph – point d (new)
Article 3 – paragraph 4 – second subparagraph – point d (new)
"(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 crops, oil crops shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transportand non-food energy crops shall equal zero in 2020."
Amendment 46 #
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 – point e –subpoint i (new)
Article 3 – paragraph 4 – point e –subpoint i (new)
Amendment 47 #
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 – point e – subpoint ii (new)
Article 3 – paragraph 4 – point e – subpoint ii (new)
(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content after prior scientific assessment of their environmental and social sustainability;
Amendment 48 #
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 – point e – subpoint iii
Article 3 – paragraph 4 – point e – subpoint iii
Amendment 49 #
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 – point e – second subparagraph (new)
Article 3 – paragraph 4 – point e – second subparagraph (new)
Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii)aterials that have been intentionally modified to count as waste shall not be covered by categories (i) to (iii). Member States shall ensure that when fraud is detected, the feedstock or biofuel in question shall not be counted towards the target referred to in Article 3 paragraph 4 and shall ensure that appropriate action is taken in order to prevent any further fraudulent action.
Amendment 51 #
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 5a (new)
Article 17 – paragraph 5a (new)
(ba) the following paragraph is inserted "5a. 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 wastes, unless independently verified as conforming to the waste hierarchy, namely prevention, preparation for re-use and recycling before recovery for energy purposes, as outlined in Directive 2008/98/EC."
Amendment 54 #
Proposal for a directive
Article 2 – point 6
Article 2 – point 6
Directive 2009/28/EC
Article 18 – paragraph 4 – second subparagraph
Article 18 – paragraph 4 – second subparagraph
"The Commission mayshall decide that voluntary national or international schemes setting standards for the production of biomass products contain accurate data for the purposes of Article 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5a), and that no materials have been intentionally modified in order to be covered by Article 3(4)(e)(i) to (iii). The Commission may decide that those schemes contain accurate data for the purposes of information on measures taken for the conservation of areas that provide, in critical situations, basic ecosystem services (such as watershed protection and erosion control), for soil, water and air protection, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and on the issues referred to in the second subparagraph of Article 17(7). 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 17 (3)(b) (ii)."
Amendment 55 #
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, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, by using that default value; (b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V adding the estimates for indirect land-use change emissions set out in Annex VIII; (c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII."
Amendment 57 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Directive 98/70/EC
Annex V – Part A – additional line in the table (new)
Annex V – Part A – additional line in the table (new)
an additional line is added to the table in Part A. Estimated indirect land-use change emissions from biofuel and bioliquid feedstocks: Feedstock Group: Non-food energy crops Estimated indirect land-use change emissions (gCO2eq/MJ): 15
Amendment 58 #
Proposal for a directive
Annex 1 – point 2
Annex 1 – point 2
Directive 98/70/EC
Annex V – part B – point b (new)
Annex V – part B – point b (new)
(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the followingnot taken place on cropland, perennial cropland or land in any other IPCC land cover categories; y (forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland . In such a case a “direct land use change emission value (el)” should have been calculated in accordance to Part C, paragraph 7 of Annex IV) used for food production, whether managed or unmanaged, such as agricultural and silvopastoral systems.
Amendment 59 #
Proposal for a directive
Annex 2 – point 2
Annex 2 – point 2
Directive 2009/28/EC
Annex VIII – Part A – additional line in the table (new)
Annex VIII – Part A – additional line in the table (new)
an additional line is added to the table in Part A. Estimated indirect land-use change emissions from biofuel and bioliquid feedstocks: Feedstock Group: Non-food energy crops Estimated indirect land-use change emissions (gCO2eq/MJ): 15
Amendment 60 #
Proposal for a directive
Annex 2 – point 2
Annex 2 – point 2
Directive 2009/28/EC
Annex VIII – Part B – point b (new)
Annex VIII – Part B – point b (new)
(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the followingnot taken place on cropland, perennial cropland or land in any other IPCC land cover categories; y (forest land, grassland, wetlands, settlements, or o) used for food production, whether lmand, to cropland or perennial cropland. Inaged or unmanaged, such a case a “direct land use change emission value (el)” should have been calculated in accordance to Part C, paragraph 7 of Annex Vgricultural and silvopastoral systems.
Amendment 61 #
Proposal for a directive
Annex 2 – point 3
Annex 2 – point 3
Directive 2009/28/EC
Annex IX (new)
Annex IX (new)
Amendment 62 #
Proposal for a directive
Annex 2 – point 3
Annex 2 – point 3
Directive 2009/28/EC
Annex IX (new)
Annex IX (new)
'Annex IX Part A. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content (a) Algae. (b)shall be considered to be twice their energy content A. Sustainability safeguards Member States shall put safeguards in place for the use of any waste or residues, to ensure that the use as transport fuel conforms to the waste hierarchy, namely prevention, preparation for re-use and recycling before recovery for energy purposes, as outlined in Directive 2008/98/EC, and to ensure a cascade of use. For the use of biotic sources, Member States shall introduce safeguards to protect biodiversity and against the depletion or loss of ecosystem services, and to prevent any diversion from existing uses that would have a negative indirect or direct impact on biodiversity, soil or overall carbon balance. Subject to sustainability safeguards adopted by Member States, the following feedstocks are eligible for advanced biofuels: B. List of feedstock : - Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. (c)- Biomass fraction of industrial waste. (d)- Straw. (e)- Animal manure and sewage sludge. (f) Palm oil mill effluent and empty palm fruit bunches. (g)- Tall oil pitch. (h)- Crude glycerine. (i)- Bagasse. (j)- Grape marcs and wine lees. (k)- Nut shells. (l)- Husks. (m)- Cobs (n) Bark, branches, leaves, saw dust and cutter shavings. Part B. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content (a) Used cooking oil. (b) Animal fats classified as category I and II in accordance with EC/1774/2002 laying down health rules concerning animal by-products not intended for human consumption. (c). - Used cooking oil - Non-food cellulosic material. (d)- Ligno-cellulosic material except saw logs and veneer logs.'