Procedure : 2012/0288(COD)
Document stages in plenary
Document selected : A7-0279/2013

Texts tabled :

A7-0279/2013

Debates :

PV 09/09/2013 - 22
CRE 09/09/2013 - 23

Votes :

PV 11/09/2013 - 5.8
CRE 11/09/2013 - 5.8

Texts adopted :

P7_TA(2013)0357

REPORT     ***I
PDF 1298kDOC 2009k
29 July 2013
PE 508.236v03-00 A7-0279/2013

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

(COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

Committee on the Environment, Public Health and Food Safety

Rapporteur: Corinne Lepage

Rapporteur for the opinion (*):

Alejo Vidal-Quadras, Committee on Industry, Research and Energy

(*) Associated committee – Rule 50 of the Rules of Procedure

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
 EXPLANATORY STATEMENT
 ANNEX
 OPINION of the Committee on Industry, Research and Energy (*)
 OPINION of the Committee on Development
 OPINION of the Committee on International Trade
 OPINION of the Committee on Transport and Tourism
 OPINION of the Committee on Regional Development
 OPINION of the Committee on Agriculture and Rural Development
 PROCEDURE

DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION

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

(COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

(Ordinary legislative procedure: first reading)

The European Parliament,

–   having regard to the Commission proposal to Parliament and the Council (COM(2012)0595),

–   having regard to Article 294(2) and Articles 192(1) and 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C7-0337/2012),

–   having regard to Article 294(3) of the Treaty on the Functioning of the European Union,

–   having regard to the opinion of the European Economic and Social Committee of 17 April 2013(1),

–   after consulting the Committee of the Regions,

–   having regard to Rule 55 of its Rules of Procedure,

–   having regard to the report of the Committee on the Environment, Public Health and Food Safety and the opinions of the Committee on Industry, Research and Energy, the Committee on Development, the Committee on International Trade, the Committee on Transport and Tourism, the Committee on Regional Development and the Committee on Agriculture and Rural Development(A7-0279/2013);

1.  Adopts its position at first reading hereinafter set out;

2.  Calls on the Commission to refer the matter to Parliament again if it intends to amend its proposal substantially or replace it with another text;

3.  Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Amendment 1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) 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 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.

(1) 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 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 need for reducing the energy consumption in the transport sector 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. The use of electricity from renewable energy sources and blending of zero and low indirect land-use change (ILUC) biofuels are other methods available for Member States to meet this target. Global demand for agricultural commodities is growing and market volatility is expected to increase in future.

Justification

The need to reduce the total consumption in the transport sector and increase energy efficiency in this sector in order to reach the 10% target for transport has already been highlighted in the existing RED. This amendment restates this and emphasises the importance of developing renewable electricity as well as advanced biofuels to enable the Union and the MS to achieve this transport target in a sustainable way.

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(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 biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied.

(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 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.

Amendment  3

Proposal for a directive

Recital 3

Text proposed by the Commission

Amendment

(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.

(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 concerning the protection of biodiversity-rich land and land with high carbon stock. These criteria also 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  4

Proposal for a directive

Recital 3 a (new)

Text proposed by the Commission

Amendment

 

(3a) Although Directives 98/70/EC and 2009/28/EC refer to ‘biofuels and bioliquids’, their provisions, including the relevant sustainability criteria, apply to all renewable fuels as defined therein.

Amendment  5

Proposal for a directive

Recital 3 b (new)

Text proposed by the Commission

Amendment

 

(3b) 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 Union 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  6

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) Where pasture or agricultural land previously destined for the food, feed and fibre 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 represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.

(4) When pasture or agricultural land previously destined for the food, feed and fibre markets is diverted to biofuel production, the non-fuel demand will still need to be satisfied. That demand may be satisfied either through intensification of current production, achieved by raising agricultural productivity, which can have negative environmental impacts including a loss of biodiversity, water scarcity, soil erosion, water and soil pollution and loss of critical ecosystem services, or by bringing non-agricultural land into production elsewhere. The latter case represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions, as well as a loss of biodiversity in cases where the land is of high biodiversity value. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land. If quantities of emissions are compared over a crop’s life cycle, oil crops have far higher emission quantities than sugar and starch crops. In order to achieve benefits to the environment as effectively as possible, the focus should be on limiting biofuels and specifically the one which has the most adverse environmental impact. It is therefore important first of all to take measures against oil crops.

Amendment  7

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) Article 19(6) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require the impact of indirect land-use change on greenhouse gas emissions to be taken into account and appropriate steps to be taken to address that impact, while taking necessary measures to provide certainty for investment and to protect investments already made.

Justification

EU policy should be consistent

Amendment  8

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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 could negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.

(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks greenhouse gas emissions linked to indirect land use change are significant, and will negate some or all of the greenhouse gas savings of individual biofuels. This is because land-based biofuels have received a large amount of public subsidies (10 billion a year) and therefore, 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. Furthermore, biofuel production from food crops contributes to food price volatility and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impact and mitigate such negative effects on food security, it is appropriate to focus, in particular, on reducing the projected use of biofuels grown on land as well as take into account indirect land-use change emissions when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directive 2009/28/EC and Directive 98/70/EC. Furthermore, in order to find medium and long-term solutions, it is necessary to encourage research and development in new advanced biofuels sectors that are not in competition with food crops and to further study the impact of different groups of crops on both direct and indirect land use changes.

Amendment  9

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) The indirect land use change effects are not only environmental, but also social, and are placing additional pressure on land use, particularly in developing countries, which is having a negative impact on the food security of local people, in particular women.

Amendment  10

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 such 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.

(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 residues, algae and bacteria, 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 such 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 setting a separate sub-target for advanced biofuels in the transport sector and increasing the weighting of certain advanced biofuels towards the 10% target for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only technologically advanced biofuels with low estimated indirect land use change impacts and high overall greenhouse gas savings and which meet the appropriate sustainability criteria should be supported as part of the post 2020 renewable energy policy framework.

Amendment  11

Proposal for a directive

Recital 6 a (new)

Text proposed by the Commission

Amendment

 

(6a) In order to ensure the efficiency of incentivising measures, particularly those aimed at promoting advanced biofuels, it is essential that the support policies and mechanisms established by Member States provide for the identification, authentication and quality control of biofuels volumes to prevent fraudulent or misleading claims about the origin of a biofuel product, and deter the submission of multiple declarations of biofuels volumes under two or more national systems or international accreditation schemes.

Amendment  12

Proposal for a directive

Recital 6 b (new)

Text proposed by the Commission

Amendment

 

(6b) 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  13

Proposal for a directive

Recital 6 c (new)

Text proposed by the Commission

Amendment

 

(6c) In all Member States, conventional and advanced biofuels must be available on the market at a consistent and high quality. To help achieve this goal, the Commission should, as a matter of urgency, give a clear mandate to the European Committee for Standardisation (CEN) for preparing technical performance standards for advanced biofuels and final fuel blends and, where necessary, for revising conventional biofuel standards to ensure that the quality of the final fuel product will not reduce the CO2 emissions performance or the overall operational performance of vehicles.

Amendment  14

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

(7) In order to ensure the long-term competitiveness of bio-based industrial sectors and provide a stable regulatory environment for investments, 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 advanced biofuels and to the use of biomass feedstocks that do not have a high economic value for other uses than biofuels and bioliquids. It is also essential to make sure that Union 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  15

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) 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  16

Proposal for a directive

Recital 7 b (new)

Text proposed by the Commission

Amendment

 

(7b) 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 of the European Parliament and of the Council of 19 November 2008 on waste¹. 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 of 3 may 2000 replacing Decision 94/3/EC establishing a list of wastes pursuant to Article 1(a) of Council Directive 75/442/EEC on waste and Council Decision 94/904/EC establishing a list of hazardous waste pursuant to Article 1(4) of Council Directive 91/689/EEC on hazardous waste² 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.

 

_______________

 

¹ OJ. L 312, 22.11.2008, p. 3.

 

² OJ L 226, 6.9.2000, p. 3.

Amendment  17

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) In promoting the development of the market in renewable energy carriers and fuels, account should be taken of their impact not only on climate but also on regional and local development opportunities and employment. Production of second generation and advanced biofuels has a potential to create employment and generate growth, particularly in rural areas. The regions’ energy self-sufficiency and security of supply are also objectives of the promotion of markets in renewable energy and fuels.

Amendment  18

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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 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 crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

(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 and 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 and Directive 98/70/EC. Without restricting the overall use of such biofuels, the share of biofuels and bioliquids produced from cereal and other starch rich crops, sugars, oil and other energy crops grown on land that can be counted towards the targets of Directive 2009/28/EC should be limited to 5,5% of the final consumption of energy in transport in 2020.

Amendment  19

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The 5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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.

(10) The 5,5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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  20

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) The estimated indirect land-use change emissions should be included in the reporting 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.

(11) The estimated indirect land-use change emissions should be counted towards the target in Article 7a(2) of Directive 98/70/EC in order to provide incentives for those biofuels with low indirect land-use change impacts and to ensure the accuracy and credibility of the reduction target for life cycle greenhouse gas emissions. In order to make sure that Union targets for greenhouse gas emission savings and biofuels are meaningful and effectively met, indirect land-use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directive 2009/28/EC and Directive 98/70/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.

Amendment  21

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, energy efficiency and energy-saving measures should be encouraged. Incentives should be provided to stimulate the use of electricity from renewable sources in the transport sector.

 

Member States should therefore seek to secure greater energy efficiency and reduce overall energy consumption in transport and at the same time enhance the market penetration of electric vehicles and the take-up of renewable electricity in transport systems.

Amendment  22

Proposal for a directive

Recital 11 b (new)

Text proposed by the Commission

Amendment

 

(11b) Member States should be allowed to channel financial resources currently deployed with a view to achieving, either wholly or in part, their share of energy from biofuels produced from cereal and other starch-rich crops, sugars, oil crops and other land-based energy crops into renewable energies – in particular wind, solar, wave and geothermal energy – that have demonstrated their renewability and sustainability.

Amendment  23

Proposal for a directive

Recital 11 c (new)

Text proposed by the Commission

Amendment

 

(11c) Voluntary schemes recognised by the 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  24

Proposal for a directive

Recital 11 d (new)

Text proposed by the Commission

Amendment

 

(11d) 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  25

Proposal for a directive

Recital 11 e (new)

Text proposed by the Commission

Amendment

 

(11e) The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. Special measures to protect indigenous communities’ land therefore need to be introduced.

Amendment  26

Proposal for a directive

Recital 11 f (new)

Text proposed by the Commission

Amendment

 

(11f) Forests provide a wide variety of environmental, economic and social benefits and services of key importance to humanity, such as maintaining biodiversity and ecosystem functions and protecting the climate system. Growing demand for forest biomass, combined with institutional and governance deficiencies present in many regions of the world, pose a threat to the sustainable management of forests and can lead to forest degradation, deforestation and biodiversity loss. Similar concerns apply to wetlands. The sustainability criteria in Directives 2009/28/EC and 98/70/EC are not designed to address these risks. Safeguards should therefore be introduced in order to ensure that biofuels and bioliquids made from raw material obtained from existing forests may only be taken into account for the purpose of these Directives if they are supplied from forests that are sustainably managed. These safeguards should be implemented by Member States, on the basis of their national competences and relevant instruments and policies in the area of forest and should have due regard to the Union's forestry strategy. The planned Commission proposal on sustainability criteria for solid biomass will also address these issues and should therefore be brought forward without delay in order to provide legal certainty. Since forestry plantations grown for biofuel production may generate indirect land-use change emissions, this risk should also be addressed.

Amendment  27

Proposal for a directive

Recital 11 g (new)

Text proposed by the Commission

Amendment

 

(11g) Directives 98/70/EC and 2009/28/EC provide for different treatment for feedstocks according to whether they are classified as waste, residues or co-products. However, the current lack of definitions for these categories is a source of uncertainty which could hamper proper implementation and compliance. An indicative list of the feedstocks coming into each category should therefore be drawn up.

Amendment  28

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress and based on best available scientific evidence and the latest available information with regards to key assumptions. The first such review should take place no later than 2016. If warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

Amendment  29

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, 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  30

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The objectives of this Directive, to ensure a single market for fuel for road transport and non-road mobile machinery and ensure respect for minimium levels of environmental protection from use of this fuel, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(15) The objectives of this Directive should ensure a single market for fuel for the transport sector and ensure that minimum levels of environmental protection are respected and adverse effects on food security and land use rights are avoided in connection with the production and use of such fuel. Since these objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Justification

The description of the objectives of the Directive should be adapted so that also the amendments to the Directive are reflected.

Amendment  31

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15a) Public incentives for biofuels inject significant additional demand into the commodities markets and, therefore, impact prices significantly, both on international markets and on the domestic markets of net-food importing countries. This is of serious concern in particular for poor people who spend a significant proportion of their household income on food. The Union's biofuels policy is alleged to favour large-scale industrial models of agricultural production that appear to offer limited benefits to local populations.

Amendment  32

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, rules concerning compliance with the waste hierarchy, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

Amendment  33

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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.

(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 and of measures geared to ensuring the sustainability of advanced biofuels in the sustainability scheme.

Amendment  34

Proposal for a directive

Article 1 – point -1 (new)

Directive 98/70/EC

Article 2 – point 9 a (new)

 

Text proposed by the Commission

Amendment

 

-1. In Article 2, the following point is added:

 

‘9a. ‘non-food cellulosic material’ means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees.’

Amendment  35

Proposal for a directive

Article 1 – point -1 a (new)

Directive 98/70/EC

Article 2 – point 9 b (new)

 

Text proposed by the Commission

Amendment

 

-1a. In Article 2, the following point is added:

 

‘9b. ‘non-food ligno-cellulosic material’ means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops.’

Amendment  36

Proposal for a directive

Article 1 – point -1 b (new)

Directive 98/70/EC

Article 2 – point 9 c (new)

 

Text proposed by the Commission

Amendment

 

-1b. In Article 2, the following point is added:

 

‘9c. ‘direct land-use change’ means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil.'

Amendment  37

Proposal for a directive

Article premier – point -1 c (new)

Directive 98/70/EC

Article 2 – point 9 d (new)

 

Text proposed by the Commission

Amendment

 

-1c. In Article 2, the following point is added:

 

‘9d. ‘renewable liquid and gaseous fuels of non-biological origin’ means gaseous or liquid fuels other than biofuels whose energy content comes from renewable energy sources other than biomass and which are used in transport.’

Justification

The rapporteur considers that the status of renewable liquid and gaseous fuels of non-biological origin, which, under the Commission proposal, would count four times, needs to be clarified. Power-to-gas and power-to-liquid technologies will have a crucial role to play in the future in decarbonising the transport sector.

Amendment  38

Proposal for a directive

Article 1 – point -1 d (new)

Directive 98/70/EC

Article 3 – paragraph 3

 

Text proposed by the Commission

Amendment

 

-1d. In Article 3, paragraph 3 is replaced by the following:

 

"3. Member States shall require suppliers to ensure the placing on the market of petrol with a maximum oxygen content of 2,7 % and a maximum ethanol content of 5 % until the end of 2018 and may require the placing on the market of such petrol for a longer period if they consider it necessary. They shall ensure the provision of appropriate information to consumers directly at the fuel filler pump concerning the biofuel content of petrol and, in particular, on the appropriate use of different blends of petrol. In this respect, the marking recommendations of EN228: 2012 shall be followed at all fuel filling stations across the Union."

Justification

Taking into account the provisions of Article 3 paragraph 2, there is a need to ensure that the protection petrol grade remains available for a longer time for the vehicles which cannot use E10 petrol. Is should also be ensured that consumers receive appropriate information directly at the filling pump.

Amendment  39

Proposal for a directive

Article 1 – point 1 e (new)

Directive 98/70/EC

Article 4 – paragraph 1 – subparagraph 3

 

Text proposed by the Commission

Amendment

 

--1e. In Article 4(1), the third subparagraph is replaced by the following:

 

"When the percentage of FAME blended in diesel exceeds 7% by volume, Member States shall ensure the provision of appropriate information concerning the FAME content to consumers directly at the fuel filler pump."

Justification

Given the proposed deletion of Article 21 in Directive 2009/28/EC, it appears necessary to insert the obligation for fuel filler pump marking of biodiesel containing more than 7% FAME in Directive 98/70/EC as amended by Directive 2009/30/EC.

Amendment  40

Proposal for a directive

Article 1 – point 1 – point -a (new)

Directive 98/70/EC

Article 7a – paragraph 1 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

(-a) the following subparagraph is added to paragraph 1:

 

In the case of suppliers of biofuels for use in aviation, Member States shall permit such suppliers to choose to become contributors to the reduction obligation laid down in paragraph 2 to the extent that the biofuels supplied satisfy the sustainability criteria set out in Article 7b.

Amendment  41

Proposal for a directive

Article 1 – point 1 – point -a a (new)

Directive 98/70/EC

Article 7a – paragraph 2

 

Text proposed by the Commission

Amendment

 

(-aa) paragraph 2 is replaced by the following:

 

"2. Member States shall require suppliers to reduce as gradually as possible life cycle greenhouse gas emissions per unit of energy from fuel and energy supplied by up to 13 % by 31 December 2025, compared with the fuel baseline standard referred to in paragraph 5(b). This reduction shall consist of:

 

(a) 9 % by 31 December 2025. Member States shall require suppliers, for this reduction, to comply with the following intermediate targets: 4% by 31 December 2017 and 6% by 31 December 2020;

 

(b) an indicative additional target of 2% by 31 December 2020, subject to Article 9(1)(h), to be achieved through one or both of the following methods:

 

(i) the supply of energy for transport supplied for use in any type of road vehicle, non-road mobile machinery (including inland waterway vessels), agricultural or forestry tractor or recreational craft;

 

(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;

 

(c) an indicative additional target of 2% by 31 December 2020, subject to Article 9(1)(i), to be achieved through the use of credits purchased through the Clean Development Mechanism of the Kyoto Protocol, under the conditions set out in Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community, for reductions in the fuel supply sector.

 

Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph does not exceed the maximum contribution established in Article 3(4)(d) of Directive 2009/28/EC."

Amendment  42

Proposal for a directive

Article 1 – point 1 – point a

Directive 98/70/EC

Article 7a – paragraph 6

 

Text proposed by the Commission

Amendment

6. Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V Member States shall report these data to the Commission.

6. From 2015 fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V Member States shall report these data to the Commission.

Amendment  43

Proposal for a directive

Article 1 – point 2 – point -a (new)

Directive 98/70/EC

Article 7b – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(-aa) In paragraph 1, the second subparagraph is replaced by the following:

 

‘An indicative list of waste categories, residues and co-products is set out in Annex Va.

Justification

This new annex clarifies the status of the various wastes, residues and co-products that may be used.

Amendment  44

Proposal for a directive

Article 1 – point 2 – point a

Directive 98/70/EC

Article 7b – paragraph 2

 

Text proposed by the Commission

Amendment

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 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.

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.

In the case of installations that were in operation on or before 1st of July 2014, for the purposes referred to in paragraph 1, biofuels shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.

In the case of installations that were in operation on or before 1st of July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 60% from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels shall be calculated in accordance with Article 7d(1)."

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 7d(1)."

Amendment  45

Proposal for a directive

Article 1 – point 2 – point b a (new)

Directive 98/70/EC

Article 7b – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following paragraph is inserted:

 

‘4a. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from biotic sources (including waste, residues and co-products, such as agricultural residues), other than food crops or forestry products, unless evidence is provided that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

Amendment  46

Proposal for a directive

Article 1 – point 2 – point b b (new)

Directive 98/70/EC

Article 7b – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

(bb) the following paragraph is inserted:

 

‘4b. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from waste or residues unless evidence is provided that their use 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 a cascade of use.

 

In particular, biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 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.

 

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  47

Proposal for a directive

Article 1 – point 2 – point b c (new)

Directive 98/70/EC

Article 7 b – paragraph 4 c (new)

 

Text proposed by the Commission

Amendment

 

(bc) the following paragraph is inserted:

 

‘4c. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely, land that has one of the following statuses:

 

(a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year, unless evidence is provided that extraction of this raw material has a beneficial effect on biodiversity;

 

(b) other naturally regenerated forests and planted forests, namely, land spanning more than 0.5 hectares with trees higher than five metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ, predominantly composed of native or introduced species, in which there are clearly visible indications of human activities, unless evidence is provided that the forested area concerned is sustainably managed managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

 

(c) planted forests, namely forest predominantly composed of trees established through planting and/or deliberate seeding, unless evidence is provided that the forested area concerned is sustainably managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

Amendment  48

Proposal for a directive

Article 1 – point 2 – point b d (new)

Directive 98/70/EC

Article 7 b – paragraph 4 d (new)

 

Text proposed by the Commission

Amendment

 

(bd) the following paragraph is inserted:

 

‘4d. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from forestry plantations, including short- rotation coppices and short-rotation forests, until a specific indirect land-use change value has been set for ligno-cellulosic material for the purpose of calculating the greenhouse gas impact of biofuels and bioliquids in accordance with Article 7d.’

Amendment  49

Proposal for a directive

Article 1 – point 2 – point b e (new)

Directive 98/70/EC

Article 7 d – paragraph 4 e (new)

 

Text proposed by the Commission

Amendment

 

(be) the following paragraph is inserted:

 

‘4e. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’

Amendment  50

Proposal for a directive

Article 1 – point 2 – point b f (new)

Directive 98/70/EC

Article 7b – paragraph 7 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(bf) In paragraph 7, the first sentence of the second subparagraph is replaced by the following:

 

The Commission shall report every two years to the European Parliament and the Council on the impact on social sustainability in the Union and in third countries of increased demand for biofuel, on the contribution 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 [...] in developing countries, and [...] wider development issues.

Amendment  51

Proposal for a directive

Article 1 – point 2 a (new)

Directive 98/70/EC

Article 7c

 

Text proposed by the Commission

Amendment

 

2a. Article 7c is amended as follows:

Amendment  52

Proposal for a directive

Article 1 – point 2 a (new) – point a

Directive 98/70/EC

Article 7c – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

(a) in paragraph 3, the first subparagraph is replaced by the following:

 

"1. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State [...] the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data."

Amendment  53

Proposal for a directive

Article 1 – point 2 a (new) – point b

Directive 98/70/EC

Article 7c – paragraph 3 – subparagraph 3

 

Text proposed by the Commission

Amendment

 

(b) in paragraph 3, the third subparagraph is replaced by the following:

 

"The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, notably the smaller ones."

Amendment  54

Proposal for a directive

Article 1 – point 2 a (new) – point c

Directive 98/70/EC

Article 7c – paragraph 3 – subparagraph 5

 

Text proposed by the Commission

Amendment

 

(c) in paragraph 3, the fifth subparagraphis replaced by the following:

 

"Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC [...]."

Amendment  55

Proposal for a directive

Article 1 – point 2 a (new) – point d

Directive 98/70/EC

Article 7 c – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

(d) in paragraph 4, the first subparagraph is replaced by the following:

 

"1. The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 7b(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to 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, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7)."

Amendment  56

Proposal for a directive

Article 1 – point 2 a (new) – point e

Directive 98/70/EC

Article 7c – paragraph 5

 

Text proposed by the Commission

Amendment

 

(e) paragraph 5 is replaced by the following:

 

"5. The Commission shall adopt decisions under paragraph 4 only if the agreement or scheme in question meets adequate standards of reliability, transparency and independent auditing and adequately protects the rights of third parties.

 

For the purposes of this paragraph' third parties' means local and indigenous communities or any other persons who are affected by the operations, insofar as they have a right to the ownership or use of the land from which the raw materials used to produce biofuels and bioliquids originate.

 

The agreement or scheme shall not be considered as meeting the standards referred to in the first subparagraph unless it requires that:

 

(a) Protection of third party rights

 

(i) Prior to operations receiving approval from the agreement or scheme, the rights of third parties are surveyed. The survey is documented.

 

(ii) The free, prior and informed consent of those parties is obtained prior to the beginning of the operations.

 

(iii) The rights of third parties are respected.

 

(iv) Third parties whose rights are negatively affected by the operations are adequately compensated.

 

(b) Minimum standards of reliability and independent auditing

 

(v) Auditors are accredited against relevant international standards.

 

(vi) Conflict of interests between auditors and economic operators are identified, handled and resolved in accordance with clear and effective procedures.

 

(vii) Field audits are conducted at least every year in accordance with clear, documented and published procedures. Audits are documented.

 

(viii) Third parties are consulted during audits. Consultations are documented.

 

(ix) Situations of non-compliance are identified and resolved in accordance with clear and effective procedures. Those procedures include deadlines for compliance and provide for the exclusion of individual operations or consignments of biofuels or bioliquids from the agreement or scheme in case compliance is not achieved within the deadline.

 

(c) Minimum standards of transparency

 

(x) The agreement or scheme is published on a web site. All the constituent parts of the agreement or scheme are collated in a single document.

 

(xi) A list of economic operators covered by the agreement or scheme is published on the same web site, together with copies of relevant certificates.

 

(xii) Decisions adopted by the Commission under paragraph 4 are published on the same website.

 

A translation of all documents referred to in points x to xii shall be made available, notably to third parties, in the official language(s) of the countries from which the raw materials originate.

 

In the activities referred to in points (i) to (iii) and (viii), third parties may be assisted by their representatives.

 

Documents referred to in points (i), (vii) and (viii) shall be kept for at least five years and shall be accessible to the Commission upon request.

 

The agreement or scheme shall include provisions allowing the Commission to exercise the powers referred to in the first paragraph of Article 7c(6d).

 

In the case of schemes to measure greenhouse gas emission saving, such schemes shall also comply with the methodological requirements in Annex V. Lists of areas of high biodiversity value as referred to in Article 7b(3)(b)(ii) shall meet adequate standards of objectivity and coherence with internationally recognised standards and provide for appropriate appeal procedures."

Amendment  57

Proposal for a directive

Article 1 – point 2 a (new) – point f

Directive 98/70/EC

Article 7c – paragraph 6

 

Text proposed by the Commission

Amendment

 

(f) 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 11(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 of Directive 2009/28/EC. 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 be 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 without delay suspend the decision under paragraph 4 by means of an implementing act adopted in accordance with the advisory procedure referred to in Article 11(3). The suspension shall be revoked in the same manner when the Commission assessment concludes that the matter has been solved."

Amendment  58

Proposal for a directive

Article 1 – point 2 a (new) – point g

Directive 98/70/EC

Article 7c – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

(g) the following paragraph is added :

 

"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:

 

- independence, 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  59

Proposal for a directive

Article 1 – point h

Directive 98/70/EC

Article 7c – paragraph 9 b (new)

 

Text proposed by the Commission

Amendment

 

(h) the following paragraph is added:

 

‘9b. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning detailed rules governing independent verification and certification of compliance with the waste hierarchy established in Article 4 of Directive 2008/98/EC. Those delegated acts shall be adopted by 30 June 2016.

Amendment  60

Proposal for a directive

Article 1 – point 3 – point -a (new)

Directive 98/70/EC

Article 7d – paragraph 1

 

Text proposed by the Commission

Amendment

 

(-a) paragraph 1 is replaced by the following:

 

"1. For the purposes of Article 7a and Article 7b(2), life cycle greenhouse gas emissions from biofuels shall be calculated as follows:

 

a) where a default value for greenhouse gas emission savings for the biofuel production pathway is laid down in part A or B of Annex IV and where the el value for those biofuels calculated in accordance with point 7 of part C of Annex IV is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex V, by using that default value;

 

b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex IV adding the estimates for indirect land-use change emissions set out in Annex V;

 

(c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex IV, where disaggregated default values in part D or E of Annex IV may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex IV, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex V."

 

For the purposes of Article 7a, from 2020 onwards the lifecycle greenhouse gas emissions from biofuels shall be calculated by adding the respective value in Annex V to the result obtained pursuant to the first subparagraph.

Justification

Adjustment to the calculation method to take account of the iLUC estimates in accordance with the newly proposed Annex V of the FQD.

Amendment  61

Proposal for a directive

Article 1 – point 3 – point -a a (new)

Directive 2009/28/EC

Article 7d – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(-aa) the following paragraph is inserted:

 

‘1a. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the inclusion in Annex IV of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 7b. Those delegated acts shall be adopted by 31 December 2015.’

Amendment  62

Proposal for a directive

Article 1 – point 3 – point a

Directive 98/70/EC

Article 7d – paragraph 5 – subparagraph 1

 

Text proposed by the Commission

Amendment

5. By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing.

5. By 31 December 2012 at the latest and every two years thereafter, the Commission shall draw up and publish a report on the estimated typical and default values in Parts B and E of Annex IV, paying special attention to greenhouse gas emissions from transport and processing.

Justification

Publishing the report by the European Commission will make these data more accessible what will improve future works on reducing the gas emissions.

Amendment  63

Proposal for a directive

Article 1 – point 3 – point a

Directive 98/70/EC

Article 7d – paragraph 6

 

Text proposed by the Commission

Amendment

6. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex V, including the revision of the proposed crop group indirect land-use change values; the introduction of new values at further levels of disaggregation (i.e. at a feedstock level); the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

6. The Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex V, including the revision of the proposed crop group indirect land-use change values. For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regard to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land use change and deforestation rates. The Commission shall ensure that stakeholders are involved in that review process. The first such review shall be concluded no later than 30 June 2016.

 

The Commission shall, if appropriate, propose new indirect land-use change values at further levels of disaggregation; the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

 

‘The Commission shall be empowered to adopt delegated acts pursuant to Article 10a to set out in Annex V values for indirect land-use change emissions for feedstocks from non-food cellulosic and ligno-cellulosic materials and shall include those values in the method for calculating the greenhouse gas impact of biofuels and bioliquids provided for in this Article. Those delegated acts shall be adopted by 30 June 2016.’

Amendment  64

Proposal for a directive

Article 1 – point 3 – point a a (new)

Directive 98/70/EC

Article 7 d – paragraph 6 a (new)

 

Text proposed by the Commission

Amendment

 

(aa) the following paragraph is inserted:

 

‘6a. In order to protect investments already made, the indirect land-use change emissions referred to in Annex V to this Directive shall, until 31 December 2017, not be taken into account in calculations performed under paragraph 1 in respect of the share of overall consumption of biofuels produced from cereal and other starch-rich crops, sugars and oil crops or other types of land-based energy crops that corresponds to the level of consumption recorded in 2010 in each Member State, provided that those biofuels offer a greenhouse gas emission saving of at least 45%. Member States shall establish arrangements for implementing this exemption in installations producing biofuels, on the basis of those installations’ average production in the period 2010 to 2012. Member States shall report to the Commission each year on those implementing arrangements and the biofuels volumes to which they apply.’

Justification

Existing investments should be protected and the biofuel produced in the relevant installations should not be covered by the ILUC factor requirements laid down in Article 7d(6) of Directive 98/70/EC until 2017.

Amendment  65

Proposal for a directive

Article 1 – point 3 – point c a (new)

Directive 98/70/CE

Article 7d – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

(ca) the following paragraph is added:

 

‘8a. The Commission shall be empowered to adopt delegated acts in accordance with Article 10a concerning the establishment of detailed definitions, including technical specifications, required for the categories set out in point 9 of Part C of Annex IV.’

Amendment  66

Proposal for a directive

Article 1 – point 5 a (new)

Directive 98/70/EC

Article 9 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

5a. In Article 9, the following paragraph is added:

 

2a. The Commission should keep under review the performance of biofuels under all seasonal conditions experienced across the Union to ensure that the quality of biofuels used in vehicles does not result in a deterioration of pollutant emissions, CO2 or overall vehicle performance.

 

If necessary the Commission shall be empowered to adopt delegated acts pursuant to Article 10a concerning the adaptation to technical and scientific progress of Annex I or II of this Directive to introduce specific parameters, test limits and test methods.’

Justification

It is appropriate that conventional biofuel standards be reviewed to ensure high quality products for consumers. If necessary, the important parameters for ensuring biofuel quality should be established in Directive 98/70/EC.

Amendment  67

Proposal for a directive

Article 1 – point 7

Directive 98/70/EC

Article 10 a

 

Text proposed by the Commission

Amendment

‘Article 10a

‘Article 10a

Exercise of the delegation

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7c(9b), 7d(1a), 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3), 9(2a) and 10(1)shall be conferred on the Commission for a period of 5 years from [the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or Council opposes such an extension not later than 3 months before the end of each period.

3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of powers referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7c(9b), 7d(1a), 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3), 9(2a) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

5. A delegated act adopted pursuant to Article 7a(5), the second subparagraph of Article 7b(3), Articles 7c(9b), 7d(1a), 7d(5), 7d(6), 7d(7), 7d(8a), 8a(3), 9(2a) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

Justification

Consistent with the European Parliament's standard wording on delegated acts.

Amendment  68

Proposal for a directive

Article 2 – point 1

Directive 2009/28/EC

Article 2 – point p

 

Text proposed by the Commission

Amendment

'|(p) ‘waste’ shall be defined as in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives. Substances that have been intentionally modified or contaminated to meet that definition are not covered by this category.

‘(p) ‘waste’ means any substance or object which the holder discards or intends or is required to discard, as defined in Article 3(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives, and whose status is subject to independent verification and certification as to its compliance with the waste hierarchy established in Article 4 of that Directive or with a comparable waste prevention and management programme. Substances that have been intentionally modified or contaminated to meet that definition are not covered by this category.

Justification

Waste needs to be defined in line with the Waste Framework Directive (WFD) and must comply with the waste hierarchy established in Article 4 of that directive. Such compliance also needs to be independently verified and certified both within and outside the EU, particularly in the light of the concerns that have arisen about fraud in connection with used cooking oils.

Amendment  69

Proposal for a directive

Article 2 – point 1 a (new)

Directive 2009/28/EC

Article 2 – point p a (new)

 

Text proposed by the Commission

Amendment

 

1a. In Article 2, the following point is added:

 

‘(pa) ‘non-food cellulosic material’ means land-based non-food energy crops grown for bio-energy production purposes, including miscanthus, other energy grasses, certain varieties of sorghum and industrial hemp, but excluding crops with a high lignin content, such as trees.’

Amendment  70

Proposal for a directive

Article 2 – point 1 b (new)

Directive 2009/28/EC

Article 2 – point p b (new)

 

Text proposed by the Commission

Amendment

 

1b. In Article 2, the following point is added:

 

‘(pb) ‘non-food ligno-cellulosic material’ means land-based woody energy crops such as short-rotation coppice and short-rotation forestry crops.’

Amendment  71

Proposal for a directive

Article 2 – point 1 c (new)

Directive 2009/28/EC

Article 2 – point p c (new)

 

Text proposed by the Commission

Amendment

 

1c. In Article 2, the following point is added:

 

‘(pc) ‘co-products’ means raw materials which have a market value or alternative uses and materials that constitute a significant outcome of a process in terms of economic value or where the main process has been deliberately modified to produce a larger quantity or another quality of the material at the expense of the main product.’

Amendment  72

Proposal for a directive

Article 2 – point 1 d (new)

Directive 2009/28/EC

Article 2 – point p d (new)

 

Text proposed by the Commission

Amendment

 

1d. In Article 2, the following point is added:

 

‘(pd) ‘renewable liquid and gaseous fuels of non-biological origin’ means gaseous or liquid fuels other than biofuels which are obtained from renewable energy sources and are used in transport.’

Justification

The rapporteur considers that the status of renewable liquid and gaseous fuels of non-biological origin, which, under the Commission proposal, would count four times, needs to be clarified. Power-to-gas and power-to-liquid technologies will have a crucial role to play in the future in decarbonising the transport sector.

Amendment  73

Proposal for a directive

Article 2 – point 1 e (new)

Directive 2009/28/EC

Article 2 – point p e (new)

 

Text proposed by the Commission

Amendment

 

1e. In Article 2, the following point is added:

 

‘(pe) ‘renewable fuels’ means biofuels and renewable liquid and gaseous fuels of non-biological origin.’

Amendment  74

Proposal for a directive

Article 2 – point 1 f (new)

Directive 2009/28/EC

Article 2 – point p f (new)

 

Text proposed by the Commission

Amendment

 

1f. In Article 2, the following point is added:

 

‘(pf) ‘direct land-use change’ means any change in the use of a piece of land from one to another of the six IPCC land cover categories (forest land, cropland, grazing land, wetlands, settlements, other land) plus a seventh category for perennial crops, covering in particular multiannual crops whose stem is usually not annually harvested, such as short-rotation coppice and palm oil.'

Amendment  75

Proposal for a directive

Article 2 – point 1 g (new)

Directive 2009/28/EC

Article 2 – point p g (new)

 

Text proposed by the Commission

Amendment

 

1g. In Article 2, the following point is added:

 

‘(pg)‘’carbon capture and utilisation (CCU) for transport purposes" means a process that captures carbon (CO/CO2) rich waste and residues gas streams from non-renewable energy sources and transforms them into fuels that are used in the transport sector;’

Amendment  76

Proposal for a directive

Article 2 – point 1 h (new)

Directive 2009/28/EC

Article 2 – point p h (new)

 

Text proposed by the Commission

Amendment

 

1h. In Article 2, the following point is added:

 

‘(ph) ‘processing residue’ is a substance that is not the end product(s) that the production process directly seeks to produce. It is not a primary aim of the production process and the process has not been deliberately modified to produce it.’

Justification

There are several interpretations of residues across Europe. For the sake of clarity, clear definition should be included. This definition was given in the Communication from the Commission on the practical implementation of the EU biofuels and bioliquids sustainability scheme and on counting rules for biofuels (2010/C 160/2).

Amendment  77

Proposal for a directive

Article 2 – point 2 – point b

Directive 2009/28/EC

Article 3 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.

For the purpose of compliance with the target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, oil and other energy crops grown on land shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.

Amendment  78

Proposal for a directive

Article 2 – point 2 – point c – point -i (new)

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

-i) the first subparagraph is replaced by the following:

 

"4. Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that Member State. A Member State may derogate from that target if the following conditions are met:

 

- the Member State has achieved the targets set out in paragraphs 1 and 2;

 

- the total energy consumption in transport in the Member State does not exceed the forecasts in the national renewable energy action plan;

Amendment  79

Proposal for a directive

Article 2 – point 2 – point c – point i

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 2 – point b

 

Text proposed by the Commission

Amendment

(i) in point (b), the following phrase is added:

(i) point (b) is replaced by the following:

"This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"

"(b) For the calculation of the numerator, that is the amount of energy from renewable energy sources and from Carbon Capture and Utilisation consumed in transport for the purposes of the first subparagraph, the types of advanced renewable energy from feedstock specified in Annex IX, renewable electricity and energy from CCU for transport purposes shall be taken into account. This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"

Justification

Advanced biofuels, renewable electricity and carbon capture and utilisation for transport (e.g. using unavoidable industrial waste gases to feed microbial fermentation to produce liquid or gaseous fuel) would account towards the 3% target for advanced transport energy sources.

Amendment  80

Proposal for a directive

Article 2 – point 2 – point c – point i a (new)

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 2 – point c – second sentence

 

Text proposed by the Commission

Amendment

 

(ia) the second sentence of point (c) is replaced by the following:

 

"Furthermore, for the calculation of electricity from renewable energy sources consumed by electric road and non-road vehicles, that consumption shall be considered to be 4 times the energy content of the input of electricity from renewable energy sources. For the calculation of electricity from renewable energy sources consumed by electrified rail , that consumption shall be considered to be 2 times the energy content of the input of electricity from renewable energy sources."

Amendment  81

Proposal for a directive

Article 2 – point 2 – point c – point ii

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 2 – point d

 

Text proposed by the Commission

Amendment

(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 shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.

(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced from cereal and other starch rich crops, sugars, oil and other energy crops grown on land shall be no more than 5,5% of the final consumption of energy in transport in 2020; the share of energy from advanced biofuels listed in part A and part C of Annex IX shall be no less than 2% of the final consumption of energy in transport in 2020.

Amendment  82

Proposal for a directive

Article 2 – point 2 – point c – point iii

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 2 – point e

 

Text proposed by the Commission

Amendment

"The contribution made by:

"(e) The contribution made by:

(i) biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four times their energy content;

(i) biofuels produced from feedstocks listed in Part A and Part B of Annex IX shall be considered to be twice their energy content;

(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content;

 

(iii) renewable liquid and gaseous fuels of non-biological origin shall be considered to be four times their energy content.

(iii) biofuels produced from feedstocks listed in Part C of Annex IX shall be considered to be four times their energy content.

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii).

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii).

 

With a view to minimising the risk of single consignments being claimed more than once in the Union, Member States and the Commission shall endeavour to strengthen cooperation among national systems and between national systems and voluntary schemes established pursuant to Article 18, including where appropriate the exchange of data. To prevent materials from being intentionally modified in order to fall under Annex IX, Member States shall encourage the development and use of systems which track and trace feedstocks and the resulting biofuels over the whole value chain. Member States shall ensure that when fraud is detected, appropriate action is taken.

The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25 (b) concerning the list of feedstock set out in Annex IX"

The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b concerning the list of feedstock set out in Annex IX"

Amendment  83

Proposal for a directive

Article 2 – point 2 – point c a (new)

Directive 2009/28/EC

Article 3 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ca) the following paragraph is added:

 

‘4a. With a view to meeting the target set in paragraph 4, Member States shall reduce overall energy consumption in the transport sector so as to increase energy efficiency in that sector by at least 12% with respect to their current projections for overall energy consumption in the transport sector by 2020.'

Justification

A 12% energy efficiency target should be set for the transport sector to create synergies with vehicle CO2 emission reduction measures and encourage Member States to review transport policies.

Amendment  84

Proposal for a directive

Article 2 – point 2 – point c b (new)

Directive 2009/28/EC

Article 3 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

(cb) the following paragraph is added:

 

‘4b. With a view to meeting the target set in paragraph 4, Member States shall ensure that electricity generated from renewable sources accounts for at least 2% of overall energy consumption in the transport sector by 2020.’

Amendment  85

Proposal for a directive

Article 2 – point 2 a (new)

Directive 2009/28/EC

Article 4 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

2a. In Article 4, the following paragraph is inserted:

 

‘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 steps it intends to take to meet the target set in Article 3(4a).'

Amendment  86

Proposal for a directive

Article 2 – point 2 b (new)

Directive 2009/28/EC

Article 4 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

2b. In Article 4, the following paragraph is inserted:

 

‘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 it intends to take to meet the target set in Article 3(4b).'

Amendment  87

Proposal for a directive

Article 2 – point 2 c (new)

Directive 2009/28/EC

Article 4 – paragraph 3 c (new)

 

Text proposed by the Commission

Amendment

 

(2c) In Article 4, the following paragraph is inserted:

 

"3c. 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  88

Proposal for a directive

Article 2 – point 4 a (new)

Directive 2009/28/EC

Article 15 – paragraph 2 – subparagraph 4

 

Text proposed by the Commission

Amendment

 

4a. In Article 15(2), the fourth subparagraph is replaced by the following:

 

‘The guarantee of origin shall have no function in terms of a Member State’s compliance with Article 3(1). Transfers of guarantees of origin, separately or together with the physical transfer of energy, shall have no effect on the decision of Member States to use statistical transfers, joint projects or joint support schemes for target compliance or on the calculation of the gross final consumption of energy from renewable sources in accordance with Article 5.’

Justification

With a view to demonstrating that renewable liquid and gaseous fuels of non-biological origin comply with the sustainability criteria, with particular reference to the use of electricity from renewable sources and greenhouse gas emission savings, producers should be able to make use of the guarantee-of-origin system.

Amendment  89

Proposal for a directive

Article 2 – point 5 – point -a (new)

Directive 2009/28/EC

Article 17 – paragraph 1 – subparagraph 1 – introductory part

 

Text proposed by the Commission

Amendment

 

(-a) in paragraph 1, the introductory part of the first subparagraph is replaced by the following:

 

"1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7 and do not exceed contributions set out in Article 3(4)(d):"

Amendment  90

Proposal for a directive

Article 2 – point 5 – point -a a (new)

Directive 2009/28/EC

Article 17 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(-aa) in paragraph 1, the second subparagraph is replaced by the following :

 

‘An indicative list of waste categories, residues and co-products is set out in Annex IXa.’

Justification

This new annex clarifies the status of the various wastes, residues and co-products that may be used.

Amendment  91

Proposal for a directive

Article 2 – point 5 – point a

Directive 2009/28/EC

Article 17 – paragraph 2

 

Text proposed by the Commission

Amendment

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.

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.

In the case of installations that were in operation on or before 1st of July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 50% from 1 January 2018.

In the case of installations that were in operation on or before 1st of July 2014, for the purposes referred to in paragraph 1, biofuels and bioliquids shall achieve a greenhouse gas emission saving of at least 35% until 31 December 2017 and at least 60% from 1 January 2018.

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1).

The greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated in accordance with Article 19(1).

Amendment  92

Proposal for a directive

Article 2 – point 5 – point b a (new)

Directive 2009/28/EC

Article 17 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following paragraph is inserted:

 

‘4a. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from biotic sources (including waste, residues and co-products, such as agricultural residues), other than food crops or forestry products, unless evidence is provided that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

Amendment  93

Proposal for a directive

Article 2 – point 5 – point b b (new)

Directive 2009/28/EC

Article 17 – paragraph 4 b (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following paragraph is inserted:

 

‘4b. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from waste or residues unless evidence is provided that their use 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 a cascade of use.

 

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.

 

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  94

Proposal for a directive

Article 2 – point 5 – point b c (new)

Directive 2009/28/EC

Article 17 – paragraph 4 c (new)

 

Text proposed by the Commission

Amendment

 

(bc) the following paragraph is inserted:

 

‘4c. Biofuels and bioliquids taken into account for the purposes referred to in points (a), (b) and (c) of paragraph 1 shall not be made from raw material obtained from land with high carbon stock, namely, land that has one of the following statuses:

 

(a) wetlands, namely land that is covered with or saturated by water permanently or for a significant part of the year, unless evidence is provided that extraction of this raw material has a beneficial effect on biodiversity;

 

(b) other naturally regenerated forests and planted forests, namely, land spanning more than 0.5 hectares with trees higher than five metres and a canopy cover of more than 10 %, or trees able to reach those thresholds in situ, predominantly composed of native or introduced species, in which there are clearly visible indications of human activities, unless evidence is provided that the forested area concerned is sustainably managed managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

 

(c) planted forests, namely forest predominantly composed of trees established through planting and/or deliberate seeding, unless evidence is provided that the forested area concerned is sustainably managed managed and that this does not result in a depletion or loss of biodiversity or ecosystem services, and unless any diversion from existing use that would have a negative direct or indirect impact on biodiversity, soil or overall carbon balance is prevented. ’

Amendment  95

Proposal for a directive

Article 2 – point 5 – point b d (new)

Directive 2009/28/EC

Article 17 – paragraph 4 d (new)

 

Text proposed by the Commission

Amendment

 

(bd) the following paragraph is inserted:

 

‘4d. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from raw material obtained from forestry plantations, including short- rotation coppices and short-rotation forests, until a specific indirect land-use change value has been set for ligno-cellulosic material for the purpose of calculating the greenhouse gas impact of biofuels and bioliquids in accordance with Article 19.’

Amendment  96

Proposal for a directive

Article 2 – point 5 – point b e (new)

Directive 2009/28/EC

Article 17 – paragraph 4 e (new)

 

Text proposed by the Commission

Amendment

 

(be) the following paragraph is inserted:

 

‘4e. Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1(a), (b) and (c) shall not be made from land-based raw material unless third parties’ legal rights regarding use and tenure of the land are respected, inter alia by obtaining the free prior and informed consent of the third parties, with the involvement of their representative institutions.’

Amendment  97

Proposal for a directive

Article 2 – point 5 – point b f (new)

Directive 2009/28/EC

Article 17 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

(bf) the following paragraph is inserted:

 

"5a. Raw materials used for biofuels and bioliquids for the purposes of paragraph 1 shall be produced through sustainable land management practices that maintain the growth of carbon stock of ecosystems, safeguard biodiversity, protect soil fertility and soil organic carbon, avoid soil erosion, and promote conservation of water quality, nutrient levels and mineral balances."

Amendment  98

Proposal for a directive

Article 2 – point 5 a (new)

Directive 2009/28/EC

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

5a. In Article 18, the following paragraph is inserted:

 

"2a. Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by Member States. Data shall also include the country of origin or the country exporting those products into the Union. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks."

Justification

The new paragraph will allow for improved data collection and improve the sustainability criteria for biofuels and bioliquids

Amendment  99

Proposal for a directive

Article 2 – point 5 b (new)

Directive 2009/28/EC

Article 18 – paragraph 2 b (new)

 

Text proposed by the Commission

Amendment

 

5b. In Article 18, the following paragraph 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 Union's 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 Union 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  100

Proposal for a directive

Article 2 – point 5 c (new)

Directive 2009/28/EC

Article 18 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

5c. In Article 18(4), the first subparagraph is replaced by the following:

 

"4. The Union shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The Union shall also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the Union has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to 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, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7)."

Amendment  101

Proposal for a directive

Article 2 – point 6

Directive 2009/28/EC

Article 18 – paragraph 4 – subparagraph 2

 

Text proposed by the Commission

Amendment

"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 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5). 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)."

"The Commission shall 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  102

Proposal for a directive

Article 2 – point 6 a (new)

Directive 2009/28/EC

Article 18 – paragraph 4 – subparagraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

6a. In Article 18 (4), the following subparagraph is inserted after the second subparagraph:

 

"The Commission and the Member States ensure the mutual recognition of verification schemes safeguarding the compliance with the sustainability criteria for biofuels and bioliquids, where those schemes concerned have been established in accordance with this Directive."

Amendment  103

Proposal for a directive

Article 2 – point 6 b (new)

Directive 2009/28/EC

Article 18 – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

6b. In Article 18, the following paragraph is added:

 

"9a. By three years [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 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 schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each 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;

 

- Stakeholders' 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 to modify the criteria listed in Article 18(5)."

Amendment  104

Proposal for a directive

Article 2 – point 6 c (new)

Directive 2009/28/EC

Article 18 – paragraph 9 b (new)

 

Text proposed by the Commission

Amendment

 

6c. In Article 18, the following paragraph is added:

 

‘9b. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning detailed rules governing independent verification and certification of compliance with the waste hierarchy established in Article 4 of Directive 2008/98/EC. Those delegated acts shall be adopted by 30 June 2016.

Amendment  105

Proposal for a directive

Article 2 – point 7 – point -a (new)

Directive 2009/28/EC

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(-a) paragraph 1 is replaced by the following:

 

"1. For the purposes of Article 17(2), the greenhouse gas emission saving from the use of biofuels and bioliquids shall be calculated as follows:

 

(a) where a default value for greenhouse gas emission saving for the production pathway is laid down in part A or B of Annex V and where the el value for those biofuels or bioliquids calculated in accordance with point 7 of part C of Annex V is equal to or less than zero, and where the estimated indirect land-use change emissions are zero in accordance with part B of Annex VIII, by using that default value;

 

(b) by using an actual value calculated in accordance with the methodology laid down in part C of Annex V adding the estimates for indirect land-use change emissions set out in Annex VIII;

 

(c) by using a value calculated as the sum of the factors of the formula referred to in point 1 of part C of Annex V, where disaggregated default values in part D or E of Annex V may be used for some factors, and actual values, calculated in accordance with the methodology laid down in part C of Annex V, for all other factors, adding the estimates for indirect land-use change emissions set out in Annex VIII."

Amendment  106

Proposal for a directive

Article 2 – point 7 – point -a a (new)

Directive 2009/28/EC

Article 19 – paragraph 1 a (new)

 

Text proposed by the Commission

Amendment

 

(-aa) the following paragraph is inserted:

 

‘1a. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the inclusion in Annex V of a procedure for calculating greenhouse gas emissions from renewable liquid and gaseous fuels of non-biological origin for the purpose of verifying their compliance with Article 17. Those delegated acts shall be adopted by 31 December 2015.’

Amendment  107

Proposal for a directive

Article 2 – point 7 – point c

Directive 2009/28/EC

Article 19 – paragraph 6

 

Text proposed by the Commission

Amendment

6. The Commission shall be empowered to adopt delegated acts pursuant to Article 25(b) concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values; the introduction of new values at further levels of disaggregation (i.e. at a feedstock level); the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

6. The Commission shall be empowered to adopt delegated acts pursuant to Article 25b concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values. For the purpose of the evaluation of the economic models used to estimate such indirect land-use change values, the Commission, shall, in its review, include latest available information with regards to key assumptions influencing modelling results including measured trends in agricultural yields and productivity, co-product allocation and observed global land use change and deforestation rates. The Commission shall ensure that stakeholders are involved in such review process. The first such review shall be concluded no later than 30 June 2016.

 

The Commission shall, if appropriate, propose new indirect land-use change values at further levels of disaggregation; the inclusion of greenhouse gas emissions resulting from the transport of raw materials; the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials.

 

The Commission shall be empowered to adopt delegated acts pursuant to Article 25b to set out in Annex VIII values for indirect land-use change emissions for feedstocks from non-food cellulosic and ligno-cellulosic materials and shall include those values in the method for calculating the greenhouse gas impact of biofuels and bioliquids provided for in this Article. Those delegated acts shall be adopted by 30 June 2016.

Amendment  108

Proposal for a directive

Article 2 – point 9

Directive 2009/28/EC

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

"2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for indirect land-use change emissions set out in Annex VIII."

"2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall from 2015 onwards add the estimates for indirect land-use change emissions set out in Annex VIII."

Amendment  109

Proposal for a directive

Article 2 – point 9 a (new)

Directive 2009/28/EC

Article 23 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

9a. In Article 23, the following paragraph is inserted:

 

‘8a. By 31 December 2015 the Commission shall submit a report on the positive and negative environmental and economic impacts of biofuels produced from waste, residues, co-products or non-land using feedstocks. The environmental impacts to be assessed shall include greenhouse gas emissions, biodiversity, water, and soil fertility. The potential or forfeited benefits of using these feedstocks for other purposes, in particular the manufacture of products, shall be taken into account. The economic impacts to be assessed shall include production costs, the opportunity cost of using the feedstocks for other purposes and the life-cycle energy return on investment that may be obtained from using the feedstocks to produce advanced biofuels and bioliquids.’

Amendment  110

Proposal for a directive

Article 2 – point 11

Directive 2009/28/EC

Article 25 b

 

Text proposed by the Commission

Amendment

‘Article 25b

‘Article 25b

Exercise of the delegation

Exercise of the delegation

1. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.

1. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].

2. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Article 18(9a) and Articles 19(1a), 19(5), 19(6) and 19(7) shall be conferred on the Commission for a period of 5 years from [the date of entry into force of this Directive]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of five-year period. The delegation of power shall be tacitly extended for periods of identical duration unless the European Parliament or Council opposes such an extension not later than 3 months before the end of each period.

3. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Article 18(9a) and Articles 19(1a), 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

5. A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Article 18(9a) and Articles 19(1a), 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.'

Amendment  111

Proposal for a directive

Article 3

Text proposed by the Commission

Amendment

The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC.

The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021.

 

The report shall also include a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC. It shall include an assessment of the availability of such biofuels and of their environmental, economic and social impacts. It shall inter alia asses the impact of biofuel production on the availability of wood as a resource and on sectors using biomass.

 

The report shall, if appropriate, be accompanied by a legislative proposal for establishing appropriate sustainability criteria for biofuels from non-land using feedstocks and non-food crops.

 

Investors shall take into account that biofuel production technologies are still under development and further measures to mitigate negative impacts may be adopted at a later stage.

Amendment  112

Proposal for a directive

Annex I – point 1 – point -a (new)

Directive 98/70/EC

Annex IV – part C – point 1

 

Text proposed by the Commission

Amendment

 

(-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  113

Proposal for a directive

Annex I – point 1 – point b a (new)

Directive 98/70/EC

Annex IV – part C – point 19 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following point is added:

 

‘19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex V.’

Justification

Adjustment to the calculation method to take account of the ILUC factor.

Amendment  114

Proposal for a directive

Annex I – point 1 – point b b (new)

Directive 2009/28/EC

Annex IV – part C – point 19 b (new)

 

Text proposed by the Commission

Amendment

 

(bb) the following point is added:

 

‘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  115

Proposal for a directive

Annex I – point 2

Directive 98/70/EC

Annex V – part B – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) feedstocks that have not been placed on the market, and have been locally produced for consumption by road vehicles or non-road mobile machinery used primarily for internal farming purposes.

Amendment  116

Proposal for a directive

Annex I – point 2 a (new)

Directive 98/70/EC

Annex V a (new)

 

Text proposed by the Commission

Amendment

 

(2a) The following Annex Va is added:

 

Annex Va

 

Waste categories, residues and co-products

 

A. Indicative list of agricultural residues

 

(a) Straw.

 

(b) Stover, husks and cobs.

 

(c) Palm oil mill effluent and empty palm fruit bunches.

 

(d) Presscake, such as rapeseed cake and soya cake.

 

(e) Marcs and lees, such as those derived from grapes, olives and other fruits.

 

(f) Bagasse.

 

(g) Nut shells.

 

B. Indicative list of forestry residues

 

(a) Treetops.

 

(b) Branches.

 

(c) Stumps.

 

(d) Leaves.

 

(e) Sawdust.

 

(f) Cutter shavings and scrapwood.

 

(g) Wood pulp.

 

C. Indicative list of aquaculture and fisheries residues

 

(a) Algae.

 

(b) Fish scales, viscera and scrap.

 

D. Indicative list of processing residues

 

(a) Crude glycerine.

 

(b) Tall oil pitch.

 

(c) Animal fats classified as category I and II in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption.

 

E. Indicative list of waste categories

 

(a) Used cooking oil.

 

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste.

 

(c) Biomass fraction of industrial waste.

 

(d) Manure and sewage sludge.

 

F. Indicative list of waste categories and residues considered to be co-products

 

(a) Agricultural residues.

 

(b) Forestry residues.

 

(c) Animal fats classified as category III in accordance with Regulation (EC) No 1774/2002.

 

(d) Animal manure.

 

(e) Crude glycerine.’

Justification

This new annex clarifies the status of the various wastes, residues and co-products that may be used in the production of advanced biofuels.

Amendment  117

Proposal for a directive

Annex II – point 1 – point -a (new)

Directive 2009/28/EC

Annex V – part C – point 1

 

Text proposed by the Commission

Amendment

 

(-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  118

Proposal for a directive

Annex II – point 1 – point b a (new)

Directive 2009/28/EC

Annex V – part C – point 19 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following point is added:

 

‘19a. Emissions from indirect land-use change, eiluc, shall be calculated in accordance with Annex VIII.’

Justification

Adjustment to the calculation method to take account of the ILUC factor.

Amendment  119

Proposal for a directive

Annex II – point 1 – point b b (new)

Directive 2009/28/EC

Annex V – part C – point 19 b (new)

 

Text proposed by the Commission

Amendment

 

(bb) the following point is added:

 

‘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  120

Proposal for a directive

Annex II – point 2

Directive 2009/28/CE

Annex VIII – part B – point b a (new)

 

Text proposed by the Commission

Amendment

 

(ba) feedstocks that have not been placed on the market, and have been locally produced for consumption by road vehicles or non-road mobile machinery used primarily for internal farming purposes.

Amendment  121

Proposal for a directive

Annex II – point 3

Directive 2009/28/EC

Annex IX

 

Text proposed by the Commission

Amendment

(3) The following Annex IX is added:

(3) The following Annex IX is added:

"Annex IX

"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

Part A. Feedstocks from waste and residues whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content and which contribute towards the 2% target referred to in Article 3(d)(i)

(a) Algae

 

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets or separate collection under Article 11(2)(a) and 11(1) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives; derogations may be granted by Member States for separate biowaste when processes allow the production of both compost and biofuels.

(c) Biomass fraction of industrial waste.

(c) Biodegradable fraction of industrial, retail and wholesale waste, but not waste subject to separate collection under Article 11(1) of Directive 2008/98/EC, and provided that the waste hierarchy and the principle of cascading use are respected.

(d) Straw.

(d) Straw.

(e) Animal manure and sewage sludge.

(e) Animal manure and sewage sludge.

(f) Palm oil mill effluent and empty palm fruit bunches.

 

(g) Tall oil pitch.

(g) Tall oil pitch.

(h) Crude glycerine.

(h) Crude glycerine.

(i) Bagasse.

(i) Bagasse.

(j) Grape marcs and wine lees.

(j) Grape marcs and wine lees.

(k) Nut shells.

(k) Nut shells.

(l) Husks.

(l) Husks.

(m) Cobs

(m) Cobs

(n) Bark, branches, leaves, saw dust and cutter shavings.

(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

Part B. Feedstocks from waste and residues whose contribution towards the target referred to in Article 3(4) shall be considered to be twice their energy content

(a) Used cooking oil.

(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.

(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) Non-food cellulosic material.

 

(d) Ligno-cellulosic material except saw logs and veneer logs."

 

 

Part C. Feedstocks whose contribution towards the target referred to in Article 3(4) shall be considered to be four times their energy content and which contribute towards the 2% target referred to in Article 3(d)(i)

 

(a) Algae (autotrophic)

 

(b) Renewable liquids and gaseous fuels of non-biological origin

 

(c) Carbon Capture and Utilisation for transport purposes

 

(d) Bacteria

Amendment  122

Proposal for a directive

Annex II – point 3 a (new)

Directive 2009/28/EC

Annex IX a (new)

 

Text proposed by the Commission

Amendment

 

(3a) The following Annex is added:

 

‘Annex IXa

 

Waste categories, residues and co-products

 

A. Indicative list of agricultural residues

 

(a) Straw.

 

(b) Stover, husks and cobs.

 

(c) Palm oil mill effluent and empty palm fruit bunches.

 

(d) Presscake, such as rapeseed cake and soya cake.

 

(e) Marcs and lees, such as those derived from grapes, olives and other fruits.

 

(f) Bagasse.

 

(g) Nut shells.

 

B. Indicative list of forestry residues

 

(a) Treetops.

 

(b) Branches.

 

(c) Stumps.

 

(d) Leaves.

 

(e) Sawdust.

 

(f) Cutter shavings and scrapwood.

 

(g) Wood pulp.

 

C. Indicative list of aquaculture and fisheries residues

 

(a) Algae.

 

(b) Fish scales, viscera and scrap.

 

D. Indicative list of processing residues

 

(a) Crude glycerine.

 

(b) Tall oil pitch.

 

(c) Animal fats classified as category I and II in accordance with Regulation (EC) No 1774/2002 of the European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption.

 

E. Indicative list of waste categories

 

(a) Used cooking oil.

 

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste.

 

(c) Biomass fraction of industrial waste.

 

(d) Manure and sewage sludge.

 

F. Indicative list of wastes and residues considered to be co-products

 

(a) Agricultural residues.

 

(b) Forestry residues.

 

(c) Animal fats classified as category III in accordance with Regulation (EC) No 1774/2002.

 

(d) Animal manure.

 

(e) Crude glycerine.’

Justification

This new annex clarifies the status of the various wastes, residues and co-products that may be used in the production of advanced biofuels.

(1)

OJ C 198, 10.7.2013, p. 56.


EXPLANATORY STATEMENT

The Renewable Energy Directive sets a target share for renewable energy of 20% of overall EU energy consumption and 10% of energy consumption in the transport sector by 2020. Alongside this, the Fuel Quality Directive sets the mandatory target of a 6% reduction in the greenhouse gas intensity of fuels used in road transport and non-road mobile machinery.

With regard to the role to be played by biofuels in meeting these targets, the two directives lay down sustainability criteria including minimum greenhouse gas (GHG) saving thresholds and acknowledge the need to take indirect land-use change (ILUC) into account. In 2008, Parliament clearly stated its support for ILUC factors being taken into account when calculating the GHG emission savings attributable to biofuels. Following negotiations with the Council, this resulted in the Commission being instructed in the final text to frame a methodology for taking ILUC into account.

ILUC impacts are not directly observable, so modelling techniques must be used to gauge their scale. Different models produce different results, depending on the initial assumptions made, but all of the studies conducted show that ILUC is a vey real phenomenon, the scale of which varies according to the feedstock used, and that indirect land-use change can cancel out a significant proportion of the GHG emission savings offered by biofuels and bioliquids. In particular, all of the studies show the ILUC impact to be greater for biodiesel feedstock than for ethanol feedstock.

Given that modelling techniques are being used, it is obviously impossible for the various studies conducted to provide a totally accurate picture of the situation. It should be pointed out that the IFPRI study, on which the figures provided by the Commission are based, is the study that contains the lowest ILUC values, largely owing to the assumptions it makes regarding agricultural productivity gains, which are felt to be over-optimistic. The Mirage model used by the IFPRI gives the lowest mean value for direct and indirect land-use change (38.4 grCO2eq/MJ), while the highest is 107. The ADEME-INRA study entitled Revue critique des études évaluant l'effet des changements d'affectation des sols sur les bilans environnementaux des biocarburants (Land-use change and environmental consequences of biofuels: a quantitative review of the literature), which was published in 2012, involved the compilation of 49 studies on the subject and the development of a meta-model. That meta-model produced a mean ILUC value of 72 grCO2eq/MJ.

It should also be pointed out that demand for biofuels in the EU is an additional pressure on food prices which could restrict some population groups' access to food.

Lastly, proper account needs to be taken of the investments made by first-generation biofuel producers, so that those producers may remain profitable and continue to provide jobs.

COMMISSION PROPOSAL

The Commission acknowledges that ILUC does have an impact, but instead of proposing that ILUC factors be incorporated into GHG emission saving calculations, it proposes placing a 5% limit on biofuels produced from food crops. This cap is welcome, but has one major drawback, namely that it makes no distinction between biofuels which have a major ILUC impact and those which are more effective. In its proposed changes to the Fuel Quality Directive, the Commission provides solely for an ILUC emissions reporting requirement, without taking those emissions into account in connection with the target of a 6% GHG emission saving.

The Commission also seeks to speed up the switch to advanced biofuels, produced from waste and residues, which are considered to have no land-use change impact. To this end, it sets out a list of eligible feedstocks which will count double or four times, in order to offer additional incentives to potential investors.

Lastly, it is proposing that the introduction of the minimum greenhouse gas saving threshold for biofuels produced in new installations should be brought forward from 1 January 2018 to 1 July 2014.

RAPPORTEUR’S POSITION

The rapporteur considers the failure to take account of ILUC impacts to be at odds with the Union’s climate change objectives. GHG emission reduction policy cannot be based on incomplete accounting and must not help to support practices that actually increase, rather than reduce, GHG emissions. It is essential for GHG emissions to be accurately accounted for. ILUC emissions must therefore be incorporated into the sustainability criteria and it must become compulsory for account to be taken of GHG emissions linked to changes in the carbon stock of land resulting from indirect land-use change.

The science on which ILUC impact calculations are based is sufficiently robust to be incorporated into EU legislation. The fact that all modelling processes contain a degree of uncertainty must not be used as an excuse for denying that the problem exists and failing to take proper action.

Incorporating ILUC factors into calculations will also have the advantage of ensuring that biofuels will not all be treated as equivalent and will provide an incentive for producing biofuels with a low ILUC factor.

The Commission rightly proposes that no ILUC emissions should be apportioned to biofuel feedstocks grown on new, previously uncultivated, land (e.g. marginal or degraded land).

In the future, an ILUC factor will also need to be assigned to non-food energy crops, because their production entails a direct or indirect land-use change.

However, in order to safeguard investments made in first-generation biofuel production, as well as the jobs it provides, no ILUC factor should be applied to a production volume corresponding to the overall output for the year 2012 – which would represent approximately 5% of the target and 80% of which would be accounted for by biodiesel. The rapporteur would also suggest that the industry should be given more time – until 2020, instead of 2017 as originally planned – on the basis of the production figures for 2008.

There is general agreement on the need to speed up the switch to advanced biofuels, and this is one of the aims of the Commission proposal. It is essential for the industry to be given the clear message that the Union is backing advanced biofuels, in order to offer secure long-term investment prospects. In this connection, the 'multiple counting' system proposed by the Commission has the support of a large number of stakeholders.

However, it is essential to ensure that the mistakes made with first-generation biofuels are not repeated. As things stand, there is little reliable information on the availability of the feedstocks required for the production of second-generation biofuels, on their sustainability and on competing uses. There is also a need to make sure that the decisions made on biofuels do not conflict with EU waste policy, which is why the rapporteur is proposing that a new Annex X should be inserted in the text. In general, appropriate safeguards and sustainability criteria need to be put in place for advanced biofuels, in order to make sure that they do not have adverse economic and environmental impacts.

Special attention needs to be paid to the issue of forest biomass. Recent scientific findings have placed a question mark over the GHG emission savings that may be achieved by using wood as an energy source (Joint Research Centre technical report entitled Carbon accounting of forest bioenergy, published in 2013). In the absence of sustainability criteria for solid biomass, it is out of the question to support the conversion of land into energy plantations. Wood should be used for biofuel production only in areas where the forest growth rate is high enough to meet both the existing demand and the new demand without undermining sustainable forestry management.

With a view to encouraging the use of electricity from renewable sources in the transport sector, the rapporteur proposes that a 1.5% sub-target should be set for electricity. Given that national projections already indicate a 1.4% share by 2020, this is a realistic target.

The rapporteur also considers that the status of renewable liquid and gaseous fuels of non-biological origin, which, under the Commission proposal, would count four times, needs to be clarified. Power-to-gas and power-to-liquid technologies will have a crucial role to play in the future in decarbonising transport.

A 12% energy efficiency target should be set for the transport sector in order to create synergies with vehicle CO2 emission reduction measures and encourage Member States to review transport policies.

Lastly, to make it easier for fuel suppliers to meet the 6% GHG emission savings target laid down by Directive 98/70/EC on fuel quality, the deadline for meeting the target should be put back from 2020 to 2025.

The rapporteur believes that the amendments tabled to the Commission proposal will make it possible for the 10%-renewable-energy target set for the transport sector to be met by 2020 without undermining the Union's climate change policy or making it more difficult for the GHG targets to be achieved.


ANNEX

LEGISLATIVE FOOTPRINT

The rapporteur and/or her collaborators met with representatives from the following stakeholders during the preparation of this draft report:

Ethanol Europe, Neste Oil, Copa-Cogeca, Représentation Permanente de la France, Confederation of European Paper Industries (CEPI), Transport & Environment (T&E) - European Environmental Bureau (EEB) - Birdlife, Oxfam - Peuples Solidaires - Réseau Action Climat (RAC), Association générale des producteurs de maïs (AGPM) - Association générale des producteurs de blé (AGPB) - Confédération Générale des Planteurs de Betteraves (CGB), Sofiproteol, European Biodiesel Board (EBB), Représentation Permanente de la Grande-Bretagne, Greenpeace, TOTAL, Ambassade du Canada, Ambassade du Brésil, Représentation Permanente de la Suède, ePure, IFPRI, Comité Economique et Social Européen, Action Aid, Exxon Mobil, Représentation Permanente de l'Irlande, UPM, Client Earth, Carlyle/Ensus, Novozymes, UNICA, DONG Danish Energy Association, European Panel Federation (EPF) - European Confederation of Woodworking Industries (CEI-Bois), Pangea African Bioenergy Association, Scania, WWF, Food Drink Europe, Südzucker, Renault-PSA-Renault Trucks, Shell, European Biomass Association (AEBIOM), st1 1st Biofuel, Conseil Européen des Fédérations de l'Industrie Chimique (CEFIC), Pannonia Ethanol, Arizona Chemical, Représentation Permanente du Danemark, Hart Energy, Carbon Recycling International, Solvay, Preem, Europia, Lyondell, Boeing, Confederation of the French Pulp, Paper and Broad (COPACEL), GECAM


OPINION of the Committee on Industry, Research and Energy (*) (4.7.2013)

for the Committee on the Environment, Public Health and Food Safety

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

(COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

Rapporteur (*): Alejo Vidal-Quadras

(*)       Associated committee – Rule 50 of the Rules of Procedure

SHORT JUSTIFICATION

I. Introduction

The promotion of biofuels has been one of the essential elements of EU policy in the areas of energy and climate change. The reasons behind this are diverse and sensible: biofuels not only increase transport sustainability but also improve security of energy supply and support economic development by creating new sources of income in rural areas.

The main driver for their development has been the fight against climate change. The transport sector has been a priority in the EU's efforts to reduce greenhouse gas emissions as it is responsible for almost 20% of them, which makes it the second biggest greenhouse gas emitting sector after energy. Although biofuels are not the only available means to progressively decarbonise this sector, they in practice constitute the main tool to switch from fossil fuel-fed transport to renewable based transport and the only possibility in the case of air and maritime transport.

In addition, biofuels represent an opportunity both to reduce the EU's energy dependency, which stands at around 50% and is expected to increase, and to promote development of the European agricultural sector.

In light of these advantages, the EU has adopted Directive 2003/30/EC on the promotion of the use of biofuels or other renewable fuels for transport ("the Biofuels Directive") and Directive 2009/28/EC on the promotion of the use of energy from renewable sources ("the Renewable Energy Directive"), which have boosted investments in biofuel production. The Biofuels Directive established a non-mandatory target of a 5.75% share of biofuels in transport by 2010. The Renewable Energy Directive, which repealed the Biofuels Directive, created a binding target: the share of energy from renewable sources in the transport sector must amount to at least 10 % of final energy consumption in the sector by 2020. This provision is complementary to the mandatory target set out in Directive 98/70/EC ("the Fuel Quality Directive"), which demands a 6% reduction in the greenhouse gas intensity of fuels used in road transport and non-road mobile machinery.

However, as with any other energy source, biofuels have some negative impacts. Recognising this fact and in response to the Renewable Energy Directive mandate, the Commission has proposed to amend the latter and the Fuel Quality Directive in order to minimise the impact of indirect land-use change (ILUC)(1) on greenhouse gas emissions.

II. Main points identified by the rapporteur

The rapporteur acknowledges that ILUC is a phenomenon which must be addressed as its effects are harmful for the environment and thwart EU policy to reduce CO2 emissions. However, the rapporteur believes measures adopted with regards to biofuels must be based on a balanced approach which takes into account all the interests at stake.

a) ILUC factors

The rapporteur agrees with the Commission that the ILUC science is imprecise because this phenomenon cannot be directly observed or measured and that the estimated indirect land-use change emissions are, despite better understanding and recent scientific improvements, vulnerable to the deficiencies and limits of the models used to give a specific value of emissions derived from ILUC to the different types of crops. Therefore, not enough scientific evidence is available to introduce ILUC factors into EU legislation.

Moreover, the use of ILUC factors would have significant negative impacts. On the one hand, their use would put an end to the EU biodiesel industry, which, apart from the obvious economic consequences, would ignore the ongoing dieselisation of the fleet in Europe and would make it impossible to comply with the Renewable Energy Directive and Fuel Quality Directive targets. On the other hand, the need to constantly update these values would create uncertainty for industry, preventing investments in any kind of conventional biofuel and thereby limiting the production of ethanol as well.

Hence, the rapporteur considers that, contrary to the Commission proposal, no mention of the ILUC factor should be included in the Directives, not even for a reporting obligation.

b) 5% cap on conventional biofuels

This measure would represent a major change in legislation which had created a stable and predictable regulatory framework and whose last milestone, the Renewable Energy Directive, was approved in 2009. The 5% cap would harm those who, relying on the Renewable Energy Directive, counted on biofuels as the only technologically viable fuel to enable Member States to comply with the targets set out for 2020. As the 5% figure makes reference to the average production level in the EU, there are several Member States such as Germany, Spain and France in which the current quota of conventional biofuels is higher than 5% and which would therefore be more affected than others.

In addition, if a ceiling is put on biofuels which are commercially available, the 10% renewable energy goal and the 6% greenhouse gas reduction goal would be out of reach because the other alternatives, including advanced biofuels, could not fill the gap for the moment.

For all these reasons and taking into account that biofuels on average still save emissions compared to fossil fuels, the rapporteur suggests a more constructive approach which would consist in setting a sub-target for advanced biofuels. This sub-target would boost advanced biofuel production and thus CO2 savings, and would send a strong signal in support of a gradual transition from conventional to advanced biofuels, to the extent technological progress allows, whilst minimising harmful effects for European industry.

The rapporteur also considers that the Commission's proposal overlooks ILUC mitigation measures such as production on unused or degraded land, increased yield performance and production of co-products (especially protein for animal feed, of which Europe has a deficit). Feedstocks that demonstrate that the risk of ILUC has been mitigated or avoided should be incentivised.

Finally, the rapporteur agrees with the Commission on strengthening the sustainability criteria for biofuels produced in new installations by demanding a 60% greenhouse gas emission saving for those starting operation after 1st July 2014.

c) Multiple counting

The laudable intention of multiple counting for second and third generation biofuels is to allow Member States to comply with the 10% renewable energy target as they would be able to count them twice or four times, filling the gap left by the 5% cap. However, if no cap is applied and a sub-target for advanced biofuels is established, multiple counting is no longer necessary.

Moreover, in the end multiple counting is counterproductive as it means fewer advanced biofuels are used. For a biofuel counted twice or four times towards the quota, twice or four times less would be used and the difference would have to be filled with fossil fuels. Also, less would be invested in production capacity as the actual market size would be reduced by somewhere between two and four times.

In fact, in order to mitigate the ILUC phenomenon, we would give up on our 10% target of renewables in transport energy consumption.

AMENDMENTS

The Committee on Industry, Research and Energy calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1

Text proposed by the Commission

Amendment

(1) 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 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

(1) 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 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. 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.

Amendment  2

Proposal for a directive

Recital 4

Text proposed by the Commission

Amendment

(4) Where pasture or agricultural land previously destined for the food, feed and fibre 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 represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions. Directives 98/70/EC and 2009/28/EC should therefore include provisions to address indirect land use change given that current biofuels are mainly produced from crops grown on existing agricultural land.

(4) Where pasture or agricultural land previously destined for the food, feed and fibre 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 represents indirect land-use change and when it involves the conversion of high carbon stock land it can lead to significant greenhouse gas emissions.

Amendment  3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) In addition, it should not be forgotten that biofuel production from arable crops in the Union helps to reduce the Union shortage of vegetable protein.

Amendment  4

Proposal for a directive

Recital 4 b (new)

Text proposed by the Commission

Amendment

 

(4b) Article 19(7) of Directive 2009/28/EC and Article 7d(6) of Directive 98/70/EC require appropriate steps to be taken to address the impact of indirect land-use changes on greenhouse gas emissions, while taking due account of the need to protect investments already made.

Amendment  5

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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 could negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.

(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstocks there exists a risk that greenhouse gas emissions linked to indirect land use change could 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 avert 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 directly compete with food crops.

Amendment  6

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 such 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.

(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, residues, algae, microorganisms and biodegradation by bacteria, 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 such advanced biofuels as these are currently not commercially available in large quantities. 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. Establishing progressively more ambitious mandatory targets for advanced biofuels in the transport sector will send a clear signal of support for them at Union level. In this context, advanced biofuels with estimated low indirect land use change impacts and high overall greenhouse gas savings should be especially supported as part of the post 2020 renewable energy policy framework provided that this does not result in yet greater dependence of Member States on foreign sources of energy carriers and raw materials. However, to avoid market distortions and frauds related to the production of advanced biofuels also the latter should comply with relevant sustainability criteria.

Amendment  7

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

(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 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  8

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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 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 crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

(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 establish 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 on 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  9

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) Considering that the present Union installed conventional ethanol production capacity is equal to 6% by energy of the expected 2020 gasoline market and that there is a legitimate need to protect the existing investments in conventional biofuel production capacity done in good faith and that there is the need to begin to commercialise ethanol from lignocellulose, a dedicated target of at least 7,5% renewable energy of the final consumption of energy in transport in petrol in 2020 should be introduced of which 8% should be from biofuel produced from sugars and starch crops.

Justification

The emerging science confirms that ethanol makes a strong contribution to the decarbonisation of road transport. A 5% ceiling on conventional biofuels, as proposed by the Commission, is not a sufficient safeguard for investments undertaken in European bioethanol, since all of the ceiling can be incorporated into biodiesel. To avoid factory closures, there needs to be a separate target for petrol. Existing EU bioethanol capacity is equal to at least 6% of the expected petrol market by 2020 (according to the European Commission (DG JRC) and the European auto and oil industries). Imports (on average 20-25% of the market) need to be added to this 6%. By allowing a consumption of conventional biofuel from sugars and starch crops of maximum 8% in petrol and targeting at least 7,5% renewable energy in petrol, a market is created for the commercialisation of new production technology that converts lignocellulose into bioethanol.

Amendment  10

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The 5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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.

(10) The 6.5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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 and does not compromise any investments already made.

Amendment  11

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(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  12

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) The estimated indirect land-use change emissions should be included in the reporting 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.

(11) The Commission's impact assessment has shown that the models used to estimate the indirect land-use change emissions 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 the progress on 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  13

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11a) The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities. To this end, only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be considered as sustainable.

Amendment  14

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

(12) 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  15

Proposal for a directive

Recital 12 a (new)

Text proposed by the Commission

Amendment

 

(12a) The review and adaptation of this methodology should take into account the fact that undertakings have already made wholesale investments based on the current legislation;

Amendment  16

Proposal for a directive

Recital 13

Text proposed by the Commission

Amendment

(13) Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as an interim measure for mitigating against indirect land-use change. These provisions are no longer adequate in their current form and need to be integrated in the approach laid out in this Directive to ensure that overall actions for minimising emission from indirect land-use change remain coherent.

(13) Article 19(8) of Directive 2009/28/EC and Article 7d(8) of Directive 98/70/EC include provisions for encouraging the cultivation of biofuels in severely degraded and heavily contaminated land as a measure for mitigating against indirect land-use change. Other ILUC mitigation measures such as the use of co-products, yield increases, manufacturing efficiencies and production on vulnerable, abandoned or unused land, should be assessed by the Commission with the purpose of incorporating them into the Directives in terms of a bonus like the one already set out in Annex IV part C point 7 of Directive 98/70/EC and in Annex V part C point 7 of Directive 2009/28/EC for biomass obtained from restored degraded land.

Amendment  17

Proposal for a directive

Recital 14 a (new)

Text proposed by the Commission

Amendment

 

(14a) With a view to meeting the target for renewable energies in the transport sector while minimising the negative impacts of land-use change, renewable electricity, modal shift, greater use of public transport and energy efficiency should be encouraged. In line with the White Paper on transports, 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  18

Proposal for a directive

Recital 18

Text proposed by the Commission

Amendment

(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the methodology for the calculation of indirect land-use change emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.

(18) In order to permit adaptation to technical and scientific progress of Directive 98/70/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the mechanism to monitor and reduce greenhouse gas emissions, the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels, criteria and geographic ranges for determining highly diverse grassland, the methodology for the calculation and reporting of lifecycle greenhouse gas emissions, the permitted level related to the metallic additives content in fuels, the permitted analytical methods related to the fuel specifications and the vapour pressure waiver permitted for petrol containing bioethanol.

Amendment  19

Proposal for a directive

Recital 19

Text proposed by the Commission

Amendment

(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of biofuel feedstocks that are counted multiple times towards the target set in Article 3(4), the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, the methodology for the calculation of indirect land-use change emissions, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

(19) In order to permit adaptation to technical and scientific progress of Directive 2009/28/EC, the power to adopt acts in accordance with Article 290 of the Treaty on the Functioning of the European Union should be delegated to the Commission in respect of the list of advanced biofuels, the energy content of transport fuels, criteria and geographic ranges for determining highly biodiverse grassland, and the methodological principles and values necessary for assessing whether sustainability criteria have been fulfilled in relation to biofuels and bioliquids.

Amendment  20

Proposal for a directive

Recital 20

Text proposed by the Commission

Amendment

(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.

(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 should include sustainability criteria to be met for advanced biofuels. The Commission should also review mitigation measures such as use of co-products, yield increases, manufacturing efficiencies and crop production on abandoned, unused or vulnerable land. The Commission may furthermore assess the impact on biomass-using sectors.

Amendment  21

Proposal for a directive

Recital 21

Text proposed by the Commission

Amendment

(21) It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

(21) It is of particular importance that the Commission in application of this Directive carry out appropriate consultations during its preparatory work, including at forestry and agricultural expert and stakeholder level, including the industrial sectors concerned. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the European Parliament and to the Council.

Amendment  22

Proposal for a directive

Article 1 – point 1 – point a

Directive 98/70/EC

Article 7a – paragraph 6

 

Text proposed by the Commission

Amendment

6. Fuel suppliers shall by 31 March each year report to the authority designated by the Member State, the biofuel production pathways, volumes, and the life cycle greenhouse gas emissions per unit of energy, including the estimated indirect land-use change emissions set out in Annex V Member States shall report these data to the Commission.

6. Fuel 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 feedstocks in accordance with the definition of advanced biofuels in Article 2 of Directive 2009/28/EC which includes in particular the production from feedstocks listed in Annex IX. Member States shall report these data to the Commission.

Amendment  23

Proposal for a directive

Article 1 – point 2 – point b a (new)

Directive 98/70/EC

Article 7b – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) The following paragraph 4a is inserted:

 

"4a. Biofuels and bioliquids from countries or regions in which emissions from land-use changes amount to more than 35% of the emissions of fossil fuels (30 g CO2eq / MJ) calculated for the whole country or region in accordance with point 7 of part C of Annex IV shall not be taken into account for the purposes referred to in paragraph 1."

Amendment  24

Proposal for a directive

Article 1 – point 2 –point b a (new)

Directive 98/70/EC

Article 7b – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following paragraph 5a 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 paragraph 2 of article 7a if, in the year of the raw material production, the use of land covered by paragraphs 4 and 5 has been changed considerably."

Justification

Raw materials, produced at land that used to be forest areas and peat bogs, are according to estimates accounting for more than 70% of the total greenhouse gas emissions from biofuels and bioliquids. If EU decides not to use biofuels and bioliquids from countries where such a considerably change in use of forest areas and peat bogs have taken place the majority of European greenhouse gas emissions caused by indirect land-use changes can be prevented. Such measure will strengthen already existing European legislation. In this directive, Article 7c paragraph 4, there is already arranged sustainability conditions for entering bilateral or multilateral agreements with third countries that will be reinforced by adding the suggested paragraph 5a. In accordance with Articles 2.1 and 2.2 of the WTO Agreement on Technical Barriers to Trade (TBT Agreement) such an exclusion from promotion in the European Union is permissible under WTO regulations.

Amendment  25

Proposal for a directive

Article 1 – point 2 – point b a (new)

Directive 98/70/EC

Article 7b – paragraph 7 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(ba) In paragraph 7, the first sentence of the second subparagraph is amended as follows:

 

‘The Commission shall report every two years to the European Parliament and the Council on the impact on social sustainability in the Union and in third countries of increased demand for biofuel, on the contribution 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 in developing countries, and wider development issues.’

Amendment  26

Proposal for a directive

Article 1 – point 3 – point a

Directive 98/70/EC

Article 7d – paragraph 6

 

Text proposed by the Commission

Amendment

"6. The Commission shall be empowered to adopt delegated acts pursuant to Article10a concerning the adaptation to technical and scientific progress of Annex V, including by the revision of the proposed crop group indirect land-use change values; the introduction of new values at further levels of disaggregation; the inclusion of additional values should new biofuel feedstocks come to market as appropriate, review the categories of which biofuels are assigned zero indirect land-use change emissions; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials."

deleted

Amendment  27

Proposal for a directive

Article 1 – point 3 – point c a (new)

Directive 98/70/EC

Article 7d – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

(ca) after paragraph 8, the following paragraph 8a 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  28

Proposal for a directive

Article 1 – point 7

Directive 98/70/EC

Article 10 a (new)

 

Text proposed by the Commission

Amendment

Exercise of the delegation

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

2. The delegation of power referred to in Article 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(7), 7d(8b), 8a(3) and 10(1) shall be conferred for an indeterminate period of time from the date of entry into force of this Directive.

3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of powers referred to in Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(7), 7d(8b), 8a(3) and 10(1) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(6), 7d(7), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to Articles 7a(5), the second subparagraph of Article 7b(3), Articles 7d(5), 7d(7), 7d(8b), 8a(3) and 10(1) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Amendment  29

Proposal for a directive

Article 2 – point 1 a (new)

Directive 2009/28/EC

Article 2 – point k

 

Text proposed by the Commission

Amendment

 

1a. Article 2 point (k) is amended as follows:

 

"(k) "support scheme" means any instrument, scheme or mechanism applied by a Member State or a group of Member States, that promotes the use of energy from renewable sources by reducing the cost of this energy, increasing the price at which it can be sold, or increasing, by means of a renewable energy obligation or otherwise, the volume of such energy purchased; this includes, but is not restricted to, investment aid, tax exemptions or reductions, tax refunds, renewable energy obligation support schemes including those using green certificates, and direct price support schemes including feed-in tariffs and premium payments; support schemes must not distort the markets in raw materials of other manufacturing sectors in which the same raw materials are traditionally used."

Amendment  30

Proposal for a directive

Article 2 – point 1 b (new)

Directive 2009/28/EC

Article 2 – point o a (new)

 

Text proposed by the Commission

Amendment

 

1b. The following point (oa) is inserted in Article 2:

 

"(oa) "advanced biofuels" means biofuels produced from feedstock that do not compete directly with food and feed crops such as wastes, residues and algae. A non-exhaustive list of advanced biofuels is established in Annex IX. The Commission shall be empowered to adopt delegated acts in accordance with Article 25b in order to adapt this list to scientific and technical progress."

Amendment  31

Proposal for a directive

Article 2 – point 2 – point c

Directive 2009/28/EC

Article 3 – paragraph 4

 

Text proposed by the Commission

Amendment

(c) paragraph 4 is amended as follows:

(c) paragraph 4 is amended as follows:

 

(-i) the following sentence is added to the first paragraph:

 

“Each Member State shall ensure that the share of energy from renewable sources in petrol in 2020 is at least 7.5% of the final consumption of energy in petrol in that Member State.

 

(-ii) the following subparagraphs are added after the first subparagraph:

 

"In 2016, at least 0.5% of the final consumption of energy in transport shall be met with energy from advanced biofuels.

 

In 2020, at least 2,5% of the final consumption of energy in transport shall be met with energy from advanced biofuels.

 

In 2025, at least 4% of the final consumption of energy in transport shall be met with energy from advanced biofuels."

(i) in point (b), the following phrase is added:

(i) in point (b), the following phrase is added:

"This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"

"This indent shall be without prejudice to Articles 17(1)a and 3(4)d;"

(ii) the following point (d) is added:

(ii) the following point (d) is added:

(d) for the calculation of biofuels in the numerator, the share of energy frombiofuels produced from cereal and other starch rich crops, sugars and oil crops shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.

(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, shall be no more than 6.5% of the final consumption of energy in transport in 2020 and the share of energy from advanced biofuels shall be no less than 2,5% of the final consumption of energy in transport in 2020.

(iii) the following point (e) is added:

(iii) the following point (e) is added:

The contribution made by:

Materials that have been intentionally modified to count as waste shall not be taken into account in order to comply with the targets set out in this Article. Member States shall ensure that when fraud is detected, appropriate action is taken.

(i) biofuels produced from feedstocks listed in Part A of Annex IX shall be considered to be four times their energy content;

 

(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content;

 

(iii) renewable liquid and gaseous fuels of non-biological origin shall be considered to be four times their energy content.

 

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii). The list of feedstock set out in Annex IX may be adapted to scientific and technical progress, in order to ensure a correct implementation of the accounting rules set out in this Directive. The Commission shall be empowered to adopt delegated acts in accordance with Article 25 (b) concerning the list of feedstock set out in Annex IX'

 

Amendment  32

Proposal for a directive

Article 2 – point 2 – point c a (new)

Directive 2009/28/EC

Article 3 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(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  33

Proposal for a directive

Article 2 – point 2 – point c a (new)

Directive 2009/28/EC

Article 4 – paragraph 3 a (new)

 

Text proposed by the Commission

Amendment

 

(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  34

Proposal for a directive

Article 2 – point 2 – point c b (new)

Directive 2009/28/EC

Article 4 – paragraph 3 b (new)

 

Text proposed by the Commission

Amendment

 

(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  35

Proposal for a directive

Article 2 – point 5 – point b a (new)

Directive 2009/28/EC

Article 17 – paragraph 4 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) The following paragraph 4a is inserted:

 

"4a. Biofuels and bioliquids from countries or regions in which emissions from land-use changes amount to more than 35% of the emissions of 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  36

Proposal for a directive

Article 2 – point 5 – point b b (new)

Directive 2009/28/EC

Article 17 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

(bb) the following paragraph 5a 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 paragraph 1 if, in the year of the raw material production, the use of land covered by paragraphs 4 and 5 has been changed considerably."

Justification

Raw materials, produced at land that used to be forest areas and peat bogs, are according to estimates accounting for more than 70% of the total greenhouse gas emissions from biofuels and bioliquids. If EU decides not to use biofuels and bioliquids from countries where such a considerably change in use of forest areas and peat bogs have taken place the majority of European greenhouse gas emissions caused by indirect land-use changes can be prevented. Such measures will strengthen already existing European legislation. In this directive, Article 18 paragraph 4, there is already arranged sustainability conditions for entering bilateral or multilateral agreements with third countries that will be reinforced by adding the suggested paragraph 5a. In accordance with Articles 2.1 and 2.2 of the WTO Agreement on Technical Barriers to Trade (TBT Agreement) such an exclusion from promotion in the European Union is permissible under WTO regulations.

Amendment  37

Proposal for a directive

Article 2 – point 7

Directive 2009/28/EC

Article 19 – paragraph 6

 

Text proposed by the Commission

Amendment

(c) paragraph 6 is replaced by the following:

(c) paragraph 6 is deleted

"6. The Commission shall be empowered to adopt delegated acts pursuant to Article 25(b) concerning the adaptation to technical and scientific progress of Annex VIII, including the revision of the proposed crop group indirect land-use change values; the introduction of new values at further levels of disaggregation (i.e. at a feedstock level); the inclusion of additional values should new biofuel feedstocks come to market as appropriate; and the development of factors for feedstocks from non-food cellulosic and ligno-cellulosic materials."

 

Amendment  38

Proposal for a directive

Article 2 – point 7

Directive 2009/28/EC

Article 19 – paragraph 8 a (new)

 

Text proposed by the Commission

Amendment

 

(f) after paragraph 8, 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  39

Proposal for a directive

Article 2 – point 9

Directive 2009/28/EC

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

9. In Article 22, paragraph 2 is replaced by the following:

deleted

"2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for indirect land-use change emissions set out in Annex VIII."

 

Amendment  40

Proposal for a directive

Article 2 – point 11

Directive 2009/28/EC

Article 25b

 

Text proposed by the Commission

Amendment

11. The following Article 25b is inserted:

11. The following Article 25b is inserted:

Article 25 b

Article 25 b

Exercise of the delegation

Exercise of the delegation

1. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.

1. The powers to adopt delegated acts are conferred on the Commission subject to the conditions laid down in this Article.

2. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(6) and 19(7) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].

2. The delegation of power referred to in point (oa) of Article 2, Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(7) and 19(8) shall be conferred on the Commission for an indeterminate period of time from [the date of entry into force of this Directive].

3. The delegation of power referred to in Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

3. The delegation of power referred to in point (oa) of Article 2, Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(7) and 19(8) may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5. A delegated act adopted pursuant to Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19 (5), 19 (6) and 19 (7) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

5. A delegated act adopted pursuant to point (oa) of Article 2, Article 3(4)(d), Article 5(5), the third subparagraph of Article 17(3)(c), Articles 19(5), 19(7) and 19(8) shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of 2 months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by 2 months at the initiative of the European Parliament or the Council.

Amendment  41

Proposal for a directive

Article 3

Text proposed by the Commission

Amendment

The Commission shall, before 31 December 2017, submit a report to the European Parliament and to the Council reviewing, on the basis of the best latest available scientific evidence, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall, if appropriate, be accompanied by a legislative proposal based on the best available scientific evidence, for introducing estimated indirect land use change emissions factors into the appropriate sustainability criteria to be applied from 1st January 2021 and a review of the effectiveness of the incentives provided for biofuels from non-land using feedstocks and non-food crops under Article 3(4)d of Directive 2009/28/EC.

The Commission shall, before 31 December 2018, submit a report to the European Parliament and to the Council analyzing, on the basis of the best evidence that adheres to the scientific method, the effectiveness of the measures introduced by this Directive in limiting indirect land-use change greenhouse gas emissions associated with the production of biofuel and bioliquids. The report shall include an impact assessment of biofuel production on the timber industry and the availability of wood. The Commission shall, 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 the progress on the robustness and reliability of scientific evidence for the use of indirect land use change factors; the report shall, 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  42

Proposal for a directive

Annex I

Text proposed by the Commission

Amendment

Annex I

deleted

Amendment  43

Proposal for a directive

Annex II – point 1

Directive 2009/28/EC

Annex V – part C

 

Text proposed by the Commission

Amendment

(1) Annex V, part C is amended as follows:

deleted

(a) point 7 is replaced by the following:

 

"7. Annualised emissions from carbon stock changes caused by land-use change, el, shall be calculated by dividing total emissions equally over 20 years. For the calculation of these emissions the following rule shall be applied:

 

el = (CSR – CSA) × 3,664 × 1/20 × 1/P,

 

where

 

el = annualised greenhouse gas emissions from carbon stock change due to land-use change (measured as mass (grams) of CO2-equivalent per unit biofuel energy (megajoules));

 

CSR = the carbon stock per unit area associated with reference land use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). The reference land-use shall be the land-use in January 2008 or 20 years before the raw material was obtained, whichever was the later;

 

CSA = the carbon stock per unit area associated with actual land use (measured as mass (tonnes) of carbon per unit area, including both soil and vegetation). In cases where the carbon stock accumulates over more than one year, the value attributed to CSA shall be the estimated stock per unit area after 20 years or when the crop reaches maturity, whichever the earlier; and

 

P = the productivity of the crop (measured as biofuel or bio liquid energy per unit area per year)."

 

(b) points 8 and 9 are deleted.

 

Amendment  44

Proposal for a directive

Annex II – point 2

Directive 2009/28/EC

Annex VIII (new)

 

Text proposed by the Commission

Amendment

(2) The following Annex VIII is added:

deleted

"Annex VIII

 

Part A. Estimated indirect land-use change emissions from biofuels and bioliquid feedstocks

Feedstock group

Estimated indirect land-use change emissions (gCO2eq/MJ)

Cereals and other starch rich crops

12

Sugars

13

Oil crops

55

Part B. Biofuels for which the estimated indirect land-use change emissions are considered to be zero

Biofuels produced from the following feedstock categories will be considered to have estimated indirect land-use change emissions of zero:

a) feedstocks which are not included under Part A of this Annex.

b) feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; forest land, grassland, wetlands, settlements, or other land, to cropland or perennial cropland1. 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 V."

Amendment  45

Proposal for a directive

Annex II – point 3

Directive 2009/28/EC

Annex IX (new)

Text proposed by the Commission

Amendment

(3) The following Annex IX is added:

(3) The following Annex IX is added:

Annex IX

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

List of advanced biofuels

 

The biofuel coming from the following feedstocks will be considered advanced biofuels

(a) Algae.

(a) Algae.

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

(b) Biomass fraction of mixed municipal waste, but not separated household waste subject to recycling targets under Article 11(2)(a) of Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives.

(c) Biomass fraction of industrial waste.

(c) Biomass fraction and biodegradable fraction of industrial waste.

(d) Straw.

(d) Straw.

(e) Animal manure and sewage sludge.

(e) Animal manure and sewage sludge.

(f) Palm oil mill effluent and empty palm fruit bunches.

(f) Palm oil mill effluent and empty palm fruit bunches.

(g) Tall oil pitch.

(g) Processing residues from pulp and paper industry such as black liquor, crude sulphate soap, crude tall oil and tall oil pitch.

(h) Crude glycerine.

(h) Crude glycerine.

(i) Bagasse.

(i) Bagasse.

(j) Grape marcs and wine lees.

(j) Grape marcs and wine lees.

(k) Nut shells.

(k) Nut shells.

(l) Husks.

(l) Husks.

(m) Cobs

(m) Cobs

(n) Bark, branches, leaves, saw dust and cutter shavings.

(n) Bark, branches, thinnings, 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.

(p) 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.

(c) Non-food cellulosic material.

(q) Non-food cellulosic material.

(d) Ligno-cellulosic material except saw logs and veneer logs.

(r) Ligno-cellulosic material except saw logs and veneer logs.

 

(s) Triglycerides, free fatty acids and fatty distillates and off-specification oils from oleochemical, biodiesel, vegetable oil refining, food processing and animal fat rendering industries.

 

(t) Animal fats not intended for human consumption.

 

(u) Technical corn oil.

 

(w) Waste fat from fish processing industry.

 

(y) Renewable liquids and gaseous fuels of non-biological origin

PROCEDURE

Title

Amendment to the fuel quality directive and the renewable energy directive (Indirect Land Use Change)

References

COM(2012)0595 – C7-0337/2012 – 2012/0288(COD)

Committee responsible

       Date announced in plenary

ENVI

19.11.2012

 

 

 

Opinion by

       Date announced in plenary

ITRE

19.11.2012

Associated committee(s) - date announced in plenary

14.3.2013

Rapporteur

       Date appointed

Alejo Vidal-Quadras

21.11.2012

Discussed in committee

19.3.2013

24.4.2013

30.5.2013

 

Date adopted

20.6.2013

 

 

 

Result of final vote

+:

–:

0:

47

8

0

Members present for the final vote

Josefa Andrés Barea, Jean-Pierre Audy, Ivo Belet, Bendt Bendtsen, Fabrizio Bertot, Jan Březina, Maria Da Graça Carvalho, Giles Chichester, Jürgen Creutzmann, Pilar del Castillo Vera, Dimitrios Droutsas, Vicky Ford, Adam Gierek, Robert Goebbels, Fiona Hall, Jacky Hénin, Edit Herczog, Kent Johansson, Romana Jordan, Krišjānis Kariņš, Lena Kolarska-Bobińska, Philippe Lamberts, Marisa Matias, Judith A. Merkies, Jaroslav Paška, Aldo Patriciello, Vittorio Prodi, Herbert Reul, Teresa Riera Madurell, Jens Rohde, Paul Rübig, Francisco Sosa Wagner, Konrad Szymański, Britta Thomsen, Patrizia Toia, Ioannis A. Tsoukalas, Niki Tzavela, Marita Ulvskog, Vladimir Urutchev, Kathleen Van Brempt, Alejo Vidal-Quadras

Substitute(s) present for the final vote

Antonio Cancian, Ioan Enciu, Andrzej Grzyb, Roger Helmer, Jolanta Emilia Hibner, Gunnar Hökmark, Seán Kelly, Bernd Lange, Hannu Takkula

Substitute(s) under Rule 187(2) present for the final vote

Pilar Ayuso, Nikos Chrysogelos, Bas Eickhout, Indrek Tarand, Keith Taylor

(1)

When biofuels are produced on existing agricultural land, the demand for food and feed crops remains, and may lead to someone producing more food and feed somewhere else. This can imply land use change (by changing e.g. forest into agricultural land), which implies that a substantial amount of CO2 emissions are released into the atmosphere.


OPINION of the Committee on Development (26.6.2013)

for the Committee on the Environment, Public Health and Food Safety

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

(COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

Rapporteur: Filip Kaczmarek

SHORT JUSTIFICATION

Climate change is set to produce ever greater damage to humankind and the planet, having the most devastating effects in the developing world. Reducing greenhouse gas emissions (GHG) is an absolute necessity. The EU in 2007 committed itself to reduce its emissions by at least 20% by 2020, as compared to 1990. Increased use of renewable energy would deliver much of this reduction. A target that by 2020, 10% of the energy used in the transport sector would come from renewable energy was set. In parallel, a target to reduce the lifecycle greenhouse gas emissions of fuels by 6% by 2020 was introduced. Both targets were made binding upon each Member State.

Together with subsidies, these targets have led to a rapid increase in the production and use of biofuels. For various reasons, this increase now looks more threatening than promising for the developing world.

Firstly, biofuels tend to deliver much smaller GHG emission reductions than hoped for. One reason is that carbon stocks are lost if forests are cut down to make room for production of biomass for biofuels or for delocalised food production: Land Use Change (LUC) or Indirect Land Use Change (ILUC) emissions. ILUC emissions currently do not enter calculations of the GHG performance of biofuels for the purpose of targets and subsidies in the EU. Emissions occur also in connection with the production of fertilizers, the harvesting of biomass, the transformation of biomass into biofuels and all transports involved. In the case of biofuels, “renewable” does not necessarily mean friendly to the environment and to the climate. The very point with stimulating the use of biofuels is sometimes completely -lost.

Secondly, turning food crops like maize and wheat into fuel reduces the availability of food. There is a food-or-fuel problem and this problem does not go away if biofuels are made from non-food crops or farmed wood instead. Almost all the biomass used comes from land which could instead be used for food production, so the competition continues.

The dramatic food crisis in 2008 and the volatile and rather high food prices also thereafter have drawn attention on this problem. It is generally recognised that the EU’s biofuel policy plays a role, but the size of it is highly contested. The European Commission claims that the impact of the EU's promotion of biofuels on food prices is very small(1). The picture emerging from research reviews and from some statements by major international organisations with relevant responsibilities are less comforting(2).

Thirdly, in addition to leading to GHG-emissions through LUC and ILUC and competing with food production, the start of production of biomass for biofuels sometimes involves deprivation of land use rights on which people depend for their livelihoods. Farmers in developing countries generally do not possess any title to the lands they cultivate or let their cattle graze on. Deals struck by foreign companies with states acting as formal owners or with local leaders led by other interests than those of the local communities may amount to land-grabs and be followed by forceful eviction of poor people from their lands(3).

So called marginal lands normally exercise little attraction on investors looking to set up biomass production. If biomass production is concentrated on such lands, livelihoods of local people may still be very badly affected. Plantations may use up scarce water resources and their use of fertilizers may lead to serious pollution. Collection of firewood, construction material and plants used for food or medicines may no longer be possible. Ecosystem services may be lost and deforestation may alter the local climate, in addition to contributing to global climate change.

NGOs report that land grabs occur in Sub-Saharan Africa on an important scale and provide documentation from a database called Matrix(4). The Commission dismisses this database as unreliable but makes little attempt to acquire more insight into ongoing developments.

The revision of the Renewable Energy Directive (RED) and the Fuel Quality Directive (FQD) must ensure that the EU’s biofuel policy:

-    does not harm food security but fully respects the human right to food,

-    does not lead to destruction of livelihoods of vulnerable people through deprivation of land use rights or other developments,

-    only stimulates the emergence and use of biofuels thich are efficient in reducing GHG emissions, while conforming with the above requirements.

For the Development Committee, it is natural to focus on the two first points. The amendments in this draft opinion should help address the food-or-fuel and deprivation-of-land-use-rights problems. These amendments uphold positions taken by the EP in relevant resolutions(5). The GHG performance issue is a key concern for the Environment Committee, extensively dealt with in its draft report.

AMENDMENTS

The Committee on Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Recital 1 a (new)

Text proposed by the Commission

Amendment

 

(1a) 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.

Justification

The need to reduce consumption in the transport sector and to increase energy efficiency in this sector has already been highlighted in the existing RED. This amendment restates this, emphasising the importance of developing renewable electricity as well as advanced biofuels to enable the Union and the MS to reduce the carbon footprint of the transport sector.

Amendment  2

Proposal for a directive

Recital 2

Text proposed by the Commission

Amendment

(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 biofuels is one of the methods available for fossil fuel suppliers to reduce the greenhouse gas intensity of the fossil fuels supplied.

(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  3

Proposal for a directive

Recital 4 a (new)

Text proposed by the Commission

Amendment

 

(4a) The vast majority of large-scale land purchase investments is taking place in developing countries. Of these, sub-Saharan Africa is a key target, in particular for cultivating biofuel feedstocks. Between 2009 and 2013 an estimated six million hectares of land were purchased by European companies for biofuel crops to be exported.

Amendment  4

Proposal for a directive

Recital 5

Text proposed by the Commission

Amendment

(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 could negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. In order to reduce such emissions, it is appropriate to distinguish between crop groups such as oil crops, cereals, sugars and other starch containing crops accordingly.

(5) Based on forecasts of biofuel demand provided by the Member States and estimates of indirect land-use change emissions for different biofuel feedstock,s greenhouse gas emissions linked to indirect land use change are significant, and could negate some or all of the greenhouse gas savings of individual biofuels. This is because almost the entire biofuel production in 2020 is expected to come from crops grown on land that could be used to satisfy food and feed markets. Indirect land-use changes therefore need to be taken into account so as to prevent these potential sources of emissions from undermining efforts to meet the Union's renewable energy and greenhouse gas emission targets. In order to reduce indirect land-use change and land grabbing, it is therefore appropriate to distinguish between land-based energy crops (oil crops, cereals, sugars and other starch containing crops) on the one hand, and non-land-based biofuels on the other hand. Furthermore, increased use of biofuels produced from food crops contributes to food price volatility, and may have a significant negative social impact on livelihoods and the ability to implement human rights including the right to food or access to land for local communities living in poverty in countries outside the Union. In order to reduce such emissions and such negative social impact, it is appropriate to focus, in particular, on reducing the projected use of biofuels grown on land.

Amendment  5

Proposal for a directive

Recital 5 a (new)

Text proposed by the Commission

Amendment

 

(5a) The indirect land use change effects are not only environmental, but also social, and are placing additional pressure on land use, particularly in developing countries, which is having a negative impact on the food security of local people, in particular women.

Amendment  6

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 such 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.

(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 no 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 such 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 which meet sustainability criteria, which do not compete with food for land, water or other resources and which have no 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  7

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

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, that use waste materials for energy purposes only in accordance with the waste hierarchy set out in Article 4 of Directive 2008/98/EC , that do not compete for the use of land and water and hence protect land and food rights and that do not reduce organic matter, thereby having adverse environmental repercussions on the local ecosystem.

Amendment  8

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(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  9

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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 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 crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

(9) To minimise 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.

Amendment  10

Proposal for a directive

Recital 10 a (new)

Text proposed by the Commission

Amendment

 

(10a) Account must be taken of the greater than expected difficulties to achieve substantial reductions in greenhouse gas emissions through the use of biofuels, as well as of worrying evidence that the expansion of the production of biofuels is harming food security and land use rights of vulnerable people in developing countries. The applicability of the 10% renewable energy target in Directive 2009/28/EC should therefore depend on whether substantial reductions in greenhouse gas emissions can be achieved and whether adverse effects on food security and land-use rights can be avoided.

Justification

The 10% target should not be strictly upheld if it does not contribute to reducing GHG emissions in an effective way. Neither should it take precedence over food security and respect for land use rights of vulnerable people.

Amendment  11

Proposal for a directive

Recital 11

Text proposed by the Commission

Amendment

(11) The estimated indirect land-use change emissions should be included in the reporting 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.

(11) In order to make sure that Union targets for greenhouse gas emission savings and biofuels are meaningful and effectively met, indirect land-use change emissions should be taken into account when calculating the greenhouse gas emission savings required under the sustainability criteria set out in Directive 2009/28/EC and Directive 98/70/EC. Indirect land-use change emissions should also be counted towards the target set in Article 7a(2) of Directive 98/70/EC, in order to offer incentives for the production of biofuels with a lower indirect land-use change impact. Biofuels made from feedstocks that do not lead to additional demand for land, such as those from waste and residues, should be assigned a zero emissions factor provided they meet adequate sustainability standards.

Amendment  12

Proposal for a directive

Recital 11 a (new)

Text proposed by the Commission

Amendment

 

(11 a) The use of land for growing biofuel feedstocks should not result in the displacement of local and indigenous communities, therefore special land protection measures should be put in place in the Union and third countries to prevent this from occurring. Only biofuels and bioliquids whose production does not impinge on the rights of local and indigenous communities should be considered as sustainable.

Justification

Ample evidence is available of the negative social impacts of biofuels in relation to land rights and food rights, in particular of women in developing countries. Displacement of local and indigenous populations to make way for biofuels plantations must be prevented.

Amendment  13

Proposal for a directive

Recital 15

Text proposed by the Commission

Amendment

(15) The objectives of this Directive, to ensure a single market for fuel for road transport and non-road mobile machinery and ensure respect for minimium levels of environmental protection from use of this fuel, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

(15) The objectives of this Directive should ensure a single market for fuel for the transport sector and ensure that minimum levels of environmental protection are respected and adverse effects on food security and land use rights are avoided in connection with the production and use of such fuel. Since these objectives cannot be sufficiently achieved by the Member States and can therefore be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on the Functioning of the European Union. In accordance with the principle of proportionality, as set out in that Article, this Directive does not go beyond what is necessary in order to achieve those objectives.

Justification

The description of the objectives of the Directive should be adapted so that also the amendments to the Directive are reflected.

Amendment  14

Proposal for a directive

Recital 15 a (new)

Text proposed by the Commission

Amendment

 

(15 a) Public incentives for biofuels inject significant additional demand into the commodities markets and, therefore, impact prices significantly, both on international markets and on the domestic markets of net-food importing countries. This is of serious concern in particular for poor people who spend a significant proportion of their household income on food. The EU biofuels policy is alleged to favour large-scale industrial models of agricultural production that appear to offer limited benefits to local populations.

Amendment  15

Proposal for a directive

Article 1 – point 1 – point b a (new)

Directive 98/70/CE

Article 7a – paragraph 2 – last subparagraph (new)

 

Text proposed by the Commission

Amendment

 

(ba) In paragraph 2 the following subparagraph is inserted after point c:

 

"Member States shall ensure that the maximum contribution of biofuels produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops for the purpose of compliance with the target referred to in the first subparagraph shall not exceed an energy quantity corresponding to 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."

Amendment  16

Proposal for a directive

Article 1 – point 2 – point b a (new)

Directive 98/70/CE

Article 7 b – paragraph 5a (new)

 

Text proposed by the Commission

Amendment

 

(ba) The following paragraph is inserted:

 

'5a. The biofuels and bioliquids taken into account for the purposes of paragraph 1 may not be produced on land, in the Union or in third countries where the legal or common land rights have been contested or violated or no free, prior and informed consent was given with the participation of the institutions representing the local people.'

Amendment  17

Proposal for a directive

Article 1 – point 2 – point b b (new)

Directive 98/70/EC

Article 7 b – paragraph 5b (new)

 

Text proposed by the Commission

Amendment

 

(bb) The following paragraph is inserted

 

"5b. The Biofuels and bioliquids taken into account for the purposes referred to in paragraph 1 shall not be made from waste, 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  18

Proposal for a directive

Article 1 – point 3 – point -a (new)

Directive 98/70/CE

Article 7d – paragraph 1

 

Text proposed by the Commission

Amendment

 

(-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."

Justification

Adjustment to the calculation method to take account of the iLUC estimates in accordance with the newly proposed Annex V of the FQD.

Amendment  19

Proposal for a directive

Article 2 – point 2 – point b

Directive 2009/28/CE

Article 3 – paragraph 1 – subparagraph 2 (new)

 

Text proposed by the Commission

Amendment

"For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d."

"For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d."

Amendment  20

Proposal for a directive

Article 2 – point 2 – point c – point -i (new)

Directive 2009/28/EC

Article 3 – paragraph 4

 

Text proposed by the Commission

Amendment

 

(-i) the first subparagraph is amended as follows:

 

"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, while avoiding both sources which do not deliver substantial reductions in greenhouse gas emissions as well as adverse effects of the production of biofuels on food security and on land use rights of vulnerable people in developing countries."

Justification

Implements what is said in several of the amendments above, in particular in amendment 6.

Amendment  21

Proposal for a directive

Article 2 – point 2 – point c – point ii

Directive 2009/28/CE

Article 3 – paragraph 4 – second subparagraph – point d (new)

 

Text proposed by the Commission

Amendment

"(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 shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."

"(d) for the calculation of biofuels in the numerator, the share of energy from biofuels produced produced from food crops and dedicated energy crops shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."

Amendment  22

Proposal for a directive

Article 2 – point 2 – point c – point iii

Directive 2009/28/EC

Article 3 – paragraph 4 – point e – subpoint ii (new)

 

Text proposed by the Commission

Amendment

(ii) biofuels produced from feedstocks listed in Part B of Annex IX shall be considered to be twice their energy content;

(ii) biofuels produced from feedstocks listed in Annex IX shall be considered to be twice their energy content after prior scientific assessment of their environmental and social sustainability;

Justification

The feedstocks listed in the Annex IX should be considered to be twice their energy content.

Amendment  23

Proposal for a directive

Article 2 – point 2 – point c – point iii

Directive 2009/28/EC

Article 3 – paragraph 4 – point e – second subparagraph (new)

 

Text proposed by the Commission

Amendment

Member States shall ensure that no raw materials are intentionally modified to be covered by categories (i) to (iii).

Materials 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.

Justification

Biofuels or feedstocks that are intentionally modified in order to take advantage of this Directive should be definitely excluded from the scope of both the RED and the FQD.

Amendment  24

Proposal for a directive

Article 2 – point 5 – point -a (new)

Directive 2009/28/EC

Article 17 – paragraph 1 – third subparagraph (new)

 

Text proposed by the Commission

Amendment

 

(-a) at the end of paragraph 1 the following subparagraph is added:

 

"Energy from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops or dedicated energy crops taken into account for the purposes referred to in points (a), (b) and (c) shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020."

Amendment  25

Proposal for a directive

Article 2 – point 5 – point b a (new)

Directive 2009/28/EC

Article 17 – paragraph 5a (new)

 

Text proposed by the Commission

Amendment

 

(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 waste, 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."

Justification

Waste should be subject to the waste hierarchy in Article 4 of the Waste Framework Directive, which requires prevention, preparation for re-use and recycling before a waste can be recovered for energy purposes (i.e. biofuels and bioliquids). In addition, independent verification of compliance should be required.

Amendment  26

Proposal for a directive

Article 2 – point 5 – point b b (new)

Directive 2009/28/CE

Article 17 – paragraph 5b (new)

 

Text proposed by the Commission

Amendment

 

(ba) the following paragraph is inserted:

 

"5b. The biofuels and bioliquids considered for the purposes of points a, b and c of paragraph 1 may not be produced from raw material obtained on land, in the Union or in third countries where the legal or common land rights have been contested or violated or no adequate free, prior and informed consent with the participation of the relevant representative institutions and consultations with affected communities were given."

Justification

Given the impact of the EU’s Renewable Energy Directive (RED) on land rights particularly in countries beyond the EU, it is important to ensure that no violations of these are caused by the production of biofuels for the European market.

Amendment  27

Proposal for a directive

Article 2 – point 6

Directive 2009/28/EC

Article 18 – paragraph 4 – second subparagraph

 

Text proposed by the Commission

Amendment

"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 17(2) or demonstrate that consignments of biofuel or bioliquid comply with the sustainability criteria set out in Article 17(3) to (5). 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)."

"The Commission shall 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  28

Proposal for a directive

Article 2 – point 7 – point -a (new)

Directive 2009/28/EC

Article 19 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(-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  29

Proposal for a directive

Annex 1 – point 2

Directive 98/70/EC

Annex V – Part A – additional line in the table (new)

 

Text proposed by the Commission

Amendment

 

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

Justification

Non-food energy crops can contribute to ILUC if produced on land that was used for food production. The Impact Assessment (p. 26) identifies the average estimated ILUC emissions for these other land-using feedstocks as 15 gCO2/MJ.

Amendment  30

Proposal for a directive

Annex 1 – point 2

Directive 98/70/EC

Annex V – part B – point b (new)

 

Text proposed by the Commission

Amendment

(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; 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.

(b) feedstocks whose production has not taken place on cropland, perennial cropland or land in any other IPCC land cover category (forest land, grassland, wetlands) used for food production, whether managed or unmanaged, such as agricultural and silvopastoral systems.

Justification

While there is good reason to assign an ILUC factor to feedstocks whose production entails direct land-use changes, attention should be drawn to the fact that direct and indirect land-use changes are not always mutually exclusive.

Amendment  31

Proposal for a directive

Annex 2 – point 2

Directive 2009/28/EC

Annex VIII – Part A – additional line in the table (new)

 

Text proposed by the Commission

Amendment

 

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

Justification

Non-food energy crops can contribute to ILUC if produced on land that was used for food production. The Impact Assessment (p. 26) identifies the average estimated ILUC emissions for these other land-using feedstocks as 15 gCO2/MJ.

Amendment  32

Proposal for a directive

Annex 2 – point 2

Directive 2009/28/EC

Annex VIII – Part B – point b (new)

 

Text proposed by the Commission

Amendment

(b) feedstocks whose production has led to direct land use change, i.e. a change from one of the following IPCC land cover categories; 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 V.

(b) feedstocks whose production has not taken place on cropland, perennial cropland or land in any other IPCC land cover category (forest land, grassland, wetlands) used for food production, whether managed or unmanaged, such as agricultural and silvopastoral systems.

Justification

While there is good reason to assign an ILUC factor to feedstocks whose production entails direct land-use charnges, attention should be drawn to the fact that direct and indirect land-use changes are not always mutually exclusive.

PROCEDURE

Title

Amendment to the fuel quality directive and the renewable energy directive (Indirect Land Use Change)

References

COM(2012)0595 – C7-0337/2012 – 2012/0288(COD)

Committee responsible

       Date announced in plenary

ENVI

19.11.2012

 

 

 

Opinion by

       Date announced in plenary

DEVE

19.11.2012

Rapporteur

       Date appointed

Filip Kaczmarek

16.1.2013

Discussed in committee

28.5.2013

 

 

 

Date adopted

24.6.2013

 

 

 

Result of final vote

+:

–:

0:

20

1

3

Members present for the final vote

Thijs Berman, Michael Cashman, Leonidas Donskis, Charles Goerens, Catherine Grèze, Mikael Gustafsson, Eva Joly, Michał Tomasz Kamiński, Norbert Neuser, Bill Newton Dunn, Maurice Ponga, Jean Roatta, Keith Taylor, Patrice Tirolien, Anna Záborská

Substitute(s) present for the final vote

Kriton Arsenis, Agustín Díaz de Mera García Consuegra, Fiona Hall, Edvard Kožušník, Krzysztof Lisek, Csaba Őry, Patrizia Toia

Substitute(s) under Rule 187(2) present for the final vote

Luigi Berlinguer, Claudiu Ciprian Tănăsescu

(1)

SWD(2013) 102, Staff working document accompanying a recently published Renewable Energy Progress Report p. 22-24.

(2)

See for example the study Production and use of biofuels in developing countries, commissioned by the EP in 2009, Price Volatility in Food and Agricultural Markets: Policy Responses, FAO, IFAD, IMF, OECD, UNCTAD, WFP, the World Bank, the WTO, IFPRI and the UN HLTF, 2 June 2011 (recommendation 6 on page 27 recommends removal of subsidies and binding targets (“mandates”) for biofuel production and consumption), Q & A: What are the impacts of agrofuels on the right to food? at the website of the UN Special Rapporteur on the Right to Food and ActionAid: Adding Fuel to the Flame: The real impact of EU biofuels policy on developing countries, March 2013, p. 5.

(3)

The study Impact of EU bioenergy policy on developing countries, prepared for EP’s Development Committee in 2012, mentions on page 10 Cameroun and Ghana as problematic in this context.

(4)

See for example GRAIN: Land Grabbing for Biofuels Must Stop: EU biofuel policies are displacing communities and starving the planet, Feb 2013.

(5)

Including in Texts adopted, P7_TA(2011)0320, Impact of EU development policy, 5 July 2011, paragraph 67; P7_TA(2011)0430, Rio+20 earth summit, 29 Sep 2011, paragraphs 51 and 55, P7_TA(2012)0399, EU report on policy coherence for development (2011), 25 Oct 2012, paragraphs 74 and 77 and in P7_TA(2012)0238, Energy policy cooperation with partners beyond our borders, 12 June 2012, paragraphs 86 and 87.


OPINION of the Committee on International Trade (21.6.2013)

for the Committee on the Environment, Public Health and Food Safety

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

(COM(2012)0595 – C7-0337/2012 – 2012/0288(COD))

Rapporteur: Josefa Andrés Barea

SHORT JUSTIFICATION

The European Parliament has recognised the importance of the promotion of renewable energy in the fight against climate change and the reduction of the EU's dependence on external energy sources. The Renewable Energy Directive 2009/28/EC and the Fuel Quality Directive 98/70/EC aim precisely at achieving these objectives by establishing renewable energy targets that have created additional demand for biofuels. However the main purpose of the two directives is at risk to be undermined by the indirect-land use change (ILUC) effect which can negate the greenhouse gas savings of individual biofuels relative to the fossil fuels they replace.

This opinion on the one hand recognises the importance of factoring in the ILUC in order to ensure an actual reduction of greenhouse gas emissions and in doing so, of promoting the consumption of advanced biofuels to which no ILUC effect is associated; on the other hand it aims at protecting the investment that the Union industry has made in conventional biofuels under the incentives provided by the EU.

The opinion reviews the targets proposed by the Commission for conventional and advanced biofuels to be complied with until 31st December 2020.

The share of conventional biofuels within the 10% target for consumption of renewable energy in transport in 2020 in each Member State is proposed to be increased from 5% to approximately 6,5% whilst the remaining 3,5% should be left for advanced biofuels and renewable electricity. These figures take into account on the one side the production capacity of the Union planned until 2020 in conventional biofuels and therefore the need to protect existing investment in the sector; especially in a context of high unemployment and economic crisis as the one we are experiencing nowadays; on the other the very limited current production capacity of the Union industry in advanced biofuels that therefore cannot realistically meet the target proposed by the Commission i.e. 5%.

By establishing a sub-quota for ethanol out of the final consumption of conventional biofuels, the proposal also recognises its higher environmental efficiency than biodiesels.

AMENDMENTS

The Committee on International Trade calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to incorporate the following amendments in its report:

Amendment  1

Proposal for a directive

Citation 1 a (new)

Text proposed by the Commission

Amendment

 

Having regard to the Treaty on European Union (TEU) and in particular Article 21 thereof and the Treaty on the Functioning of the European Union (TFEU) and in particular Article 208 thereof in relation to Article 17 of Directive 2009/28/EC and Article 7b of Directive 98/70/EC,

Amendment  2

Proposal for a directive

Recital 6

Text proposed by the Commission

Amendment

(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 such 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.

(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 such 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 by introducing a separate target for advanced biofuels of at least 2,5% for transport set in Directive 2009/28/EC compared to conventional biofuels. In this context, only biofuels with high overall greenhouse gas savings should be supported as part of the post 2020 renewable energy policy framework.

Justification

The target of 2,5% for advanced biofuels within the overall target of 10% for consumption of energy from renewable sources in transport represents a threshold that can realistically be met by the Union industry production. As a matter of fact the advanced biofuels will be commercialised by the Union industry not before 2019.

In addition, investments made by the Union industry in conventional biofuels need to be protected. The Union production capacity is actually above 5% and imports would also need to be taken into account.

Amendment  3

Proposal for a directive

Recital 7

Text proposed by the Commission

Amendment

(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.

(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 and bioliquids.

Amendment  4

Proposal for a directive

Recital 7 a (new)

Text proposed by the Commission

Amendment

 

(7a) The production and import of biofuels into the European Union should not contribute to deforestation and food insecurity in producer countries.

Amendment  5

Proposal for a directive

Recital 8 a (new)

Text proposed by the Commission

Amendment

 

(8a) The Commission should take appropriate measures to ensure fair competition by third countries' exporters of biofuels into the Union in accordance with the Union's rules on trade defence instruments.

Justification

The biofuels market is subject to unfair practices by third countries (e.g. anti-dumping duties were imposed by the EU on imports of bioethanol from the US on 18 February 2013 and on 29 August 2012 the Commission launched an anti-dumping investigation on imports of biodiesel from Argentina and Indonesia). Therefore it is important to stress that fair competition in the biofuels market needs to be ensured.

Amendment  6

Proposal for a directive

Recital 9

Text proposed by the Commission

Amendment

(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 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 crops that can be counted towards the targets of Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011.

(9) To prepare for the transition towards advanced and sustainable 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 those Directives. 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 or receive public funding pursuant to Directive 2009/28/EC should be limited to the share of such biofuels and bioliquids consumed in 2011. Biofuels and Bioliquids imported from third countries are counted towards this target. For the same reason and in order to avoid unequal treatment of biofuels and bioliquids from raw materials with similar impacts, it is appropriate to apply the same treatment to advanced biofuels.

Amendment  7

Proposal for a directive

Recital 9 a (new)

Text proposed by the Commission

Amendment

 

(9a) Considering the significant contribution of ethanol to the objective of reducing the green house gas emissions in particular in road transport, a specific target of at least 30% out of the overall consumption of conventional biofuels in transport should be established.

Justification

The emerging science confirms that ethanol makes a strong contribution to the decarbonisation of road transport. Therefore to avoid that the entire share of conventional biofuels is covered mainly by biodiesel a specific sub-quota needs to be established for ethanol.

Amendment  8

Proposal for a directive

Recital 10

Text proposed by the Commission

Amendment

(10) The 5% limit set up in Article 3(4)d does not affect the Member States' freedom to arrange their own trajectory as to compliance with this prescribed share of conventional biofuels within the overall 10% target. As a consequence, 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.

(10) The 6,5% limit set up in Article 3(4)d allows Member States to comply with the overall 10% target without undermining the full access to the market of the biofuels produced by the installations in operation before the end of 2013. Therefore this amending directive does not affect the legitimate expectations of the operators of such installations.

Justification

The 6,5% limit for conventional biofuels does not undermine the access to the biofuels market by the installations in operation before the end of 2013.

Amendment  9

Proposal for a directive

Recital 11 c (new)

Text proposed by the Commission

Amendment

 

(11 c) The use of land for growing biofuel feedstocks must not result in the displacement of local and indigenous communities. Special land protection measures therefore need to be introduced.

Amendment  10

Proposal for a directive

Recital 12

Text proposed by the Commission

Amendment

(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted by the latest available scientific evidence, the Commission should consider the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

(12) The Commission should review the methodology for estimating land-use change emission factors included in Annexes VIII and V to Directives 2009/28/EC and 98/70/EC respectively in the light of adaptation to technical and scientific progress. To this end, and if warranted on the basis of the latest available evidence based on the most reliable scientific model, the Commission should submit legislative proposals to the European Parliament and the Council in case it considers the possibility of revising the proposed crop group indirect land-use change factors, as well as introducing factors at further levels of disaggregation and including additional values should new biofuel feedstocks come to market.

Justification

It is crucial that the most reliable scientific model is used to calculate the ILUC values.

Amendment  11

Proposal for a directive

Article 1 – point 2 – point b a (new)

Directive 98/70/EC

Article 7b – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) In Article 7 b the following paragraph 5 a is added:

 

"5a. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw materials obtained from agricultural residues unless evidence is provided that this does not result in a degradation of agricultural land and the functioning of the ecosystem. The volume of agricultural residues that must remain on the land for ecological reasons shall be established on the basis of local bio-geographical characteristics including, but not limited to, the organic content of the soil, the fertility of the soil, water retention capacity and carbon sequestration. Raw material obtained from agricultural residues produced during off-field processing of crops into food or other products is not covered by this paragraph."

Justification

a new subparagraph is added

Amendment  12

Proposal for a directive

Article 1 – point 2 – point b b (new)

Directive 98/70/EC

Article 7b – paragraph 5 b (new)

 

Text proposed by the Commission

Amendment

 

(bb) In Article 7b the following paragraph 5 b is added:

 

"5b. Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land the tenure of which is contested or violates the rights of third parties, notably local communities, regarding the tenure and use of land. Free, prior and informed consent of relevant third parties shall be obtained prior to starting the production or harvesting of raw material. Relevant third parties or representatives recognised by those parties shall be involved in giving free prior and informed consent."

Amendment  13

Proposal for a directive

Article 1 – point 2 a (new) – point aa (new)

Directive 98/70/EC

Article 7 c – paragraph 3 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

2a. Article 7c is amended as follows:

 

(aa) in paragraph 3, the first subparagraph is replaced by the following:

 

"1. Member States shall take measures to ensure that economic operators submit reliable information and make available to the Member State [...] the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data."

Amendment  14

Proposal for a directive

Article 1 – point 2 a (new) – point ab (new)

Directive 98/70/EC

Article 7 c – paragraph 3 – subparagraph 3

 

Text proposed by the Commission

Amendment

 

(ab) in paragraph 3, the third subparagraph is replaced by the following:

 

"The Commission shall, in accordance with the advisory procedure referred to in Article 11(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, notably the smaller ones."

Amendment  15

Proposal for a directive

Article 1 – point 2 a (new) – point ac (new)

Directive 98/70/EC

Article 7 c – paragraph 3 – subparagraph 5

 

Text proposed by the Commission

Amendment

 

(ac) in paragraph 3, subparagraph 5 is replaced by the following:

 

"Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 of Directive 2009/28/EC [...]."

Amendment  16

Proposal for a directive

Article 1 – point 2 a (new) – point ad (new)

Directive 98/70/EC

Article 7 c – paragraph 4 – first subparagraph

 

Text proposed by the Commission

Amendment

 

(ad) in paragraph 4, the first subparagraph is replaced by the following:

 

"1. The EU shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The EU should also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 7(b)7. Where the EU has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 7b(2) to (5), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to 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, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 7b(7)."

Amendment  17

Proposal for a directive

Article 1 –point 2 a (new) – point ae (new)

Directive 98/70/EC

Article 7 c – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

(ae) In Article 7c the following paragraph 9 a is added:

 

"9a. By three years [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 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 schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each 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;

 

- Stakeholders' 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 to modify the criteria listed in Article 7c(5)."

Amendment  18

Proposal for a directive

Article 2 – point 2 – point b

Directive 2009/28/EC

Article 3 – paragraph 1

 

Text proposed by the Commission

Amendment

(b) in paragraph 1, the following second subparagraph is added:

deleted

For the purpose of compliance with target referred to in the first subparagraph, the maximum joint contribution from biofuels and bioliquids produced from cereal and other starch rich crops, sugars and oil crops shall be no more than the energy quantity corresponding to the maximum contribution as set out in Article 3(4)d.

 

Amendment  19

Proposal for a directive

Article 2 – point 2 – point c – point -i (new)

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 1

 

Text proposed by the Commission

Amendment

 

(-i) in paragraph 4, subparagraph 1 is replaced by the following:

 

(4) Each Member State shall ensure that the share of energy from renewable sources in all forms of transport in 2020 is at least 10 % of the final consumption of energy in transport in that Member State, and that due to the significant contribution of ethanol to the objective of reducing the green house gas emissions in particular in road transport, the share of ethanol constitutes at least 30% of the overall consumption in conventional biofuels.

Justification

The emerging science confirms that ethanol makes a strong contribution to the decarbonisation of road transport. Therefore to avoid that the entire share of conventional biofuels is covered mainly by biodiesel a specific sub-quota needs to be established for ethanol.

Amendment  20

Proposal for a directive

Article 2 – point 2 – point c – point i a (new)

Directive 2009/28/EC

Article 3 – paragraph 4 – second subparagraph (new)

 

Text proposed by the Commission

Amendment

 

(i a) a second subparagraph is added to Article 3, paragraph 4:

 

Each Member State shall ensure that the share of electricity from renewable energy sources used in all forms of transport is at least 2% of the final consumption of energy in transport in that Member State by 2020.

Amendment  21

Proposal for a directive

Article 2 – point 2 – point c – point ii

Directive 2009/28/EC

Article 3 – paragraph 4 – subparagraph 2 – point d

 

Text proposed by the Commission

Amendment

(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 shall be no more than 5%, the estimated share at the end of 2011, of the final consumption of energy in transport in 2020.

(d) for the calculation of biofuels in the numerator,

 

(i) the share of energy from biofuels produced from feedstock listed in Annex IX shall be at least 2,5% of the final consumption of energy in transport in 2020 and

 

(ii) the share of energy from biofuels produced from food crops shall be at least 6,5% of the final consumption of energy.

Justification

The target of 2,5% for advanced biofuels within the overall target of 10% for consumption of energy from renewable sources in transport represents a threshold that can realistically be met by the Union industry production. As a matter of fact the advanced biofuels will be commercialised by the Union industry not before 2019.

In addition, investments made by the Union industry in conventional biofuels need to be protected. The Union production capacity is actually above 5% and imports would also need to be taken into account.

Amendment  22

Proposal for a directive

Article 2 – point 2 – point c – point iii

Directive 2009/28/EC

Article 3 – paragraph 4 – point e – point iii

 

Text proposed by the Commission

Amendment

(iii) renewable liquid and gaseous fuels of non-biological origin shall be considered to be four times their energy content.

deleted

Justification

As stated in its Article 1, the scope of the Renewable Energy Directive "establishes a common framework for the promotion of energy from renewable sources". There is therefore no reason to open this Directive to fuels produced from non-renewable energy feedstock.

Amendment  23

Proposal for a directive

Article 2 – point 5 – point -aa (new)

Directive 2009/28/EC

Article 17 – paragraph 1

 

Text proposed by the Commission

Amendment

 

(-aa) The introductory part of Article 17 paragraph 1 is amended as follows:

 

"1. Irrespective of whether the raw materials were cultivated inside or outside the territory of the Community, energy from biofuels and bioliquids shall be taken into account for the purposes referred to in points (a), (b) and (c) only if they fulfil the sustainability criteria set out in paragraphs 2 to 7:"

Justification

This amendment includes paragraph 7 of the sustainability criteria as a precondition to be taken into account for the purposes referred to in points (a), (b) and (c)

Amendment  24

Proposal for a directive

Article 2 – point 5 – point -ab (new)

Directive 2009/28/EC

Article 17 – paragraph 1 – subparagraph 2

 

Text proposed by the Commission

Amendment

 

(-ab) in paragraph 1, second subparagraph is deleted.

Justification

Advanced biofuels receive the same incentive as conventional biofuels and should therefore in order to create a level playing field be subject to the same requirements where applicable.

Amendment  25

Proposal for a directive

Article 2 – point 5 – point ba (new)

Directive 2009/28/EC

Article 17 – paragraph 5 a (new)

 

Text proposed by the Commission

Amendment

 

(ba) In Article 17 the following paragraph 5 a is added:

 

"Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw materials obtained from agricultural residues unless evidence is provided that this does not result in a degradation of agricultural land and the functioning of the ecosystem. The volume of agricultural residues that must remain on the land for ecological reasons shall be established on the basis of local bio-geographical characteristics including, but not limited to, the organic content of the soil, the fertility of the soil, water retention capacity and carbon sequestration. Raw material obtained from agricultural residues produced during off-field processing of crops into food or other products is not covered by this paragraph."

(this amendment also applies to Article 7b, paragraph 5 of Directive 98/70/EC)

Amendment  26

Proposal for a directive

Article 2 – point 5 – point bb (new)

Directive 2009/28/EC

Article 17 – paragraph 5 b (new)

 

Text proposed by the Commission

Amendment

 

(bb) In Article 17 the following paragraph 5b is added:

 

"Biofuels taken into account for the purposes referred to in paragraph 1 shall not be made from raw material obtained from land the tenure of which is contested or violates the rights of third parties, notably local communities, regarding the tenure and use of land. Free, prior and informed consent of relevant third parties shall be obtained prior to starting the production or harvesting of raw material. Relevant third parties or representatives recognised by those parties shall be involved in giving free prior and informed consent."

(this amendment also applies to Article 7b, paragraph 5 of Directive 98/70/EC)

Amendment  27

Proposal for a directive

Article 2 – point 5 a (new)

Directive 2009/28/EC

Article 18 – paragraph 2 a (new)

 

Text proposed by the Commission

Amendment

 

5a. In Article 18 the following paragraph 2 a is added:

 

"Eurostat shall gather and publish detailed trade related information on biofuels produced from food crops, such as those based on cereals and other starch rich crops, sugars and oil crops. Available information shall be disaggregated trade data for both ethanol and biodiesel as current data is published in an aggregated format with ethanol and biodiesel imports and exports combined under one data set labelled biofuels. Import and export data shall identify the type and volumes of biofuels imported and consumed by EU Member States. Data shall also include the country of origin or the country exporting those products into the EU. Data on the import and export of biofeedstock or semi-processed products shall be improved with Eurostat gathering and publishing information on import or export of feedstocks, type and country of origin, including internally traded feedstocks or semi-traded feedstocks."

Justification

The new paragraph will allow for improved data collection and improve the sustainability criteria for biofuels and bioliquids

Amendment  28

Proposal for a directive

Article 2 – points 5b – 5e

Directive 2009/28/EC

Article 18 – paragraphs 3 and 3 a (new)

 

Text proposed by the Commission

Amendment

 

5b. In Article 18 paragraph 3, the first subparagraph is replaced by the following:

 

"3. Member States shall set up reporting mechanisms at national level in order to ensure that economic operators submit reliable information and make available to the Member State [...] the data that were used to develop the information. Member States shall require economic operators to arrange for an adequate standard of independent auditing of the information submitted, and to provide evidence that this has been done. The auditing shall verify that the systems used by economic operators are accurate, reliable and protected against fraud. It shall evaluate the frequency and methodology of sampling and the robustness of the data."

 

5c. In Article 18 paragraph 3, the third subparagraph is replaced by the following:

 

"The Commission shall, in accordance with the advisory procedure referred to in Article 25(3), establish the list of appropriate and relevant information referred to in the first two subparagraphs. It shall seek to ensure maximum compliance with the substantive obligations of this paragraph, while seeking to minimise excessive administrative burden for operators, notably the smaller ones."

 

5d. In Article 18 paragraph 3, the fifth subparagraph is replaced by the following:

 

"Member States shall submit to the Commission, in aggregated form, the information referred to in the first subparagraph of this paragraph, including the reports carried out by the independent auditors. The Commission shall publish that information on the transparency platform referred to in Article 24 [...]."

 

5e. In Article 18 the following paragraph is inserted after paragraph 3:

 

3a. The Commission shall ensure that commitments and measures to monitor compliance with sustainability criteria for biofuels and bioliquids, and in particular for imported biofuels and bioliquids, are honoured and properly implemented through the overall supervision of the reporting and auditing mechanisms set up at national level. The Commission shall take appropriate measures to ensure fair competition by third countries' exporters of biofuels into the Union in accordance with the Union's rules on trade defence instruments.

Amendment  29

Proposal for a directive

Article 2 – point 5 f (new)

Directive 2009/28/EC

Article 18 – paragraph 4 – first subparagraph

 

Text proposed by the Commission

Amendment

 

5f. In Article 18 paragraph 4, the first subparagraph is replaced by the following:

 

"4. The EU shall endeavour to conclude bilateral or multilateral agreements with third countries containing mandatory commitments on provisions on sustainability criteria that correspond to those of this Directive. Such agreements should also set out rules in order to ensure that third countries' customs procedures do not lead to fraud related to the import and export of biofuels and bioliquids, as well as on provisions on trade facilitation. The EU should also endeavour to conclude agreements with third countries containing commitments on the ratification and enforcement of ILO Conventions and MEAs as referred to in Article 17(7). Where the EU has concluded agreements containing mandatory commitments on provisions relating to matters covered by the sustainability criteria set out in Article 17(2) to (7), the Commission may decide that those agreements demonstrate that biofuels and bioliquids produced from raw materials cultivated in those countries comply with the sustainability criteria in question. When those agreements are concluded, due consideration shall be given to 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, indirect land-use changes, the restoration of degraded land, the avoidance of excessive water consumption in areas where water is scarce and to the issues referred to in the second subparagraph of Article 17(7)."

Amendment  30

Proposal for a directive

Article 2 – point 6 a (new)

Directive 2009/28/EC

Article 18 – paragraph 4 – third subparagraph (new)

 

Text proposed by the Commission

Amendment

 

6a. In Article 18 (4), a new third subparagraph is added:

 

The Commission and the member states ensure the mutual recognition of verification schemes safeguarding the compliance with the sustainability criteria for biofuels and bioliquids, where those schemes concerned have been established in accordance with this Directive.

Amendment  31

Proposal for a directive

Article 2 – point 6 b (new)

Directive 2009/28/EC

Article 18 – paragraph 9 a (new)

 

Text proposed by the Commission

Amendment

 

6b. In Article 18 the following paragraph 9 a is added:

 

"9 a. By three years [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 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 schemes. The report shall take into account the evolution of relevant internationally recognised standards and guidelines, including those developed by the International Organization for Standardization and the ISEAL Alliance. In relation to each 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;

 

- Stakeholders' 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 to modify the criteria listed in Article 18(5)."

Amendment  32

Proposal for a directive

Article 2 – point 9

Directive 2009/28/EC

Article 22 – paragraph 2

 

Text proposed by the Commission

Amendment

2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V, and shall add the estimates for indirect land-use change emissions set out in Annex VIII.

2. In estimating net greenhouse gas emission saving from the use of biofuels, the Member State may, for the purpose of the reports referred to in paragraph 1, use the typical values given in part A and part B of Annex V.

Amendment  33

Proposal for a directive

Annex 2 – point 2

Directive 2009/28/EC

Annex VIII – Part B – point b

 

Text proposed by the Commission

Amendme