What changed

SHORT JUSTIFICATION

22.11.2023

The Commission proposal seeks to implement the commitment under the Green Deal to halt biodiversity loss by restoring nature. In this regard, the proposed legislation must build up the resilience of ecosystems and ecosystem services.

PROVISIONAL AGREEMENT RESULTING FROM INTERINSTITUTIONAL NEGOTIATIONS

The changes that have taken place around the world and in Europe could not have been anticipated when the Biodiversity Strategy was adopted. The opinion highlights the need to determine the exact parameters of this new legislation in relation to food safety, supply chains and the affordability of food.

Subject: Proposal for a regulation of the European Parliament and of the Council on nature restoration

It is difficult to predict some of its consequences insofar as a number of the provisions pre-empt other European regulations that have just entered into force, such as the CAP via the national strategic plans, or that are currently being examined, such as the proposed regulation on carbon certification. The opinion thus seeks to prevent any overlaps.

(COM(2022)0304 – C90208/2022 – 2022/0195(COD))

Moreover, the objectives and approaches adopted must be realistic and attainable. Climate change is already having a significant impact on ecosystems and these changes have to be taken into account when setting the targets to be achieved and when preparing and implementing future national restoration plans. The opinion also introduces elements where synergies must be sought in relation to this new process, namely the special characteristics and vibrancy of territories, land use, the viability of farms and generational renewal.

The interinstitutional negotiations on the aforementioned proposal for a regulation have led to a compromise. In accordance with Rule 74(4) of the Rules of Procedure, the provisional agreement, reproduced below, is submitted as a whole to the Committee on the Environment, Public Health and Food Safety for decision by way of a single vote.

Finally, in order to achieve the ambitious objectives proposed, additional, adequate funding will have to be provided.

2022/0195 (COD)

AMENDMENTS

Proposal for a

The Committee on Agriculture and Rural Development calls on the Committee on the Environment, Public Health and Food Safety, as the committee responsible, to take into account the following amendments:

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

Amendment 1

on nature restoration

Proposal for a regulation

(Text with EEA relevance)

Recital 7

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Or. fr

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Amendment 2

Having regard to the proposal from the European Commission,

Proposal for a regulation

After transmission of the draft legislative act to the national parliaments,

Recital 8 a (new)

Having regard to the opinion of the European Economic and Social Committee,

Or. fr

Having regard to the opinion of the Committee of the Regions,

Amendment 3

Acting in accordance with the ordinary legislative procedure,

Proposal for a regulation

Whereas:

Recital 9 a (new)

(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives.

Or. fr

(2) The European Green Deal has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 2030.

Amendment 4

(3) The Union and its Member States, as parties to the Convention on Biological Diversity, approved by Council Decision 93/626/EEC, are committed to the long-term strategic vision adopted by the Conference of the Parties in 2010 by Decision X/2 Strategic Plan for Biodiversity 2011-2020 that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.

Proposal for a regulation

(4) The Convention on Biological Diversity agreed at COP 15 in December 2022, the Global Biodiversity Framework that sets out action-oriented global targets for urgent action over the decade to 2030 to ensure that all areas are under participatory, integrated and biodiversity inclusive spatial planning and/or effective management processes addressing land and sea use change; to bring the loss of areas of high biodiversity importance, including ecosystems of high ecological integrity, close to zero by 2030 while respecting the rights of indigenous peoples and local communities, as set out in the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP); to ensure that by 2030 at least 30 per cent of areas of degraded terrestrial, inland water, and marine and coastal ecosystems are under effective restoration, in order to enhance biodiversity and ecosystem functions and services, ecological integrity and connectivity; to restore, maintain and enhance nature’s contributions to people, including ecosystem functions and services, such as the regulation of air, water and climate, soil health, pollination and reduction of disease risk, as well as protection from natural hazards and disasters, through nature-based solutions and/or ecosystem-based approaches for the benefit of all people and nature. The Global Biodiversity Framework will enable progress towards the achievement of the outcome-oriented goals for 2050.

Recital 11

(5) The UN Sustainable Development Goals, in particular goals 14.2, 15.1, 15.2 and 15.3, refer to the need to ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands.

Or. fr

(6) The United Nations General Assembly, in a resolution of 1 March 2019, proclaimed 2021–2030 the UN decade on ecosystem restoration, with the aim of supporting and scaling-up efforts to prevent, halt and reverse the degradation of ecosystems worldwide and raise awareness of the importance of ecosystem restoration.

Amendment 5

(7) The EU Biodiversity Strategy for 2030 aims to ensure that Europe’s biodiversity will be put on the path to recovery by 2030 for the benefits of people, the planet, the climate and our economy. It sets out an ambitious EU nature restoration plan with a number of key commitments, including a commitment to put forward a proposal for legally binding EU nature restoration targets to restore degraded ecosystems, in particular those with the most potential to capture and store carbon, and to prevent and reduce the impact of natural disasters.

Proposal for a regulation

(8) In its resolution of 9 June 2021, the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free-flowing rivers, coastal areas and marine ecosystems.

Recital 12

(9) In its conclusions of 23 October 2020, the Council acknowledged that preventing further decline of the current state of biodiversity and nature will be essential, but not sufficient to bring nature back into our lives. The Council reaffirmed that more ambition on nature restoration is needed as proposed with the new EU Nature Restoration Plan, which includes measures to protect and restore biodiversity beyond protected areas. The Council also stated that it awaited a proposal for legally binding nature restoration targets, subject to an impact assessment.

Or. fr

(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old-growth forests. The criteria and guidance for the designation of additional protected areas by Member States (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration.

Amendment 6

(11) The EU Biodiversity Strategy for 2030 sets out a target to ensure that there is no deterioration in conservation trends or in the status of protected habitats and species and that at least 30 % of species and habitats not currently in favourable status will fall into that category or show a strong positive trend towards falling into that category by 2030. The guidance developed by the Commission in cooperation with Member States and stakeholders to support the achievement of these targets highlights that maintenance and restoration efforts are likely to be required for most of those habitats and species, either by halting their current negative trends by 2030 or by maintaining current stable or improving trends, or by preventing the decline of habitats and species with a favourable conservation status. The guidance further emphasises that those restoration efforts primarily need to be planned, implemented and coordinated at national or regional levels and that, in selecting and prioritising the species and habitats to be improved by 2030, synergies with other Union and international targets, in particular environmental or climate policy targets, are to be sought.

Proposal for a regulation

(12) The Commission’s State of Nature Report from 2020 noted that the Union has not yet managed to stem the decline of protected habitat types and species whose conservation is of concern to the Union. That decline is caused mostly by abandonment of extensive agriculture, intensifying management practices, the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation. Furthermore, invasive alien species and climate change represent major and growing threats to native Union flora and fauna.

Recital 13

(12a) The European Green Deal will lead to a progressive and profound transformation of the economy of the Union and its Member States, which in turn will have a strong bearing on the Union’s external action. It is important that the Union use its trade policy and extensive network of trade agreements to engage with partners on the protection of the environment and biodiversity also globally, while promoting a level playing field.

Or. fr

(13) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.

Amendment 7

(14) The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA) at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity.

Proposal for a regulation

(15) Securing biodiverse ecosystems and tackling climate change are intrinsically linked. Nature and nature-based solutions, including natural carbon stocks and sinks, are fundamental for fighting the climate crisis. At the same time, the climate crisis is already a driver of terrestrial and marine ecosystem change, and the Union must prepare for the increasing intensity, frequency and pervasiveness of its effects. The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global warming of 1.5°C pointed out that some impacts may be long-lasting or irreversible. The Sixth IPCC Assessment Report states that restoring ecosystems will be fundamental in helping to combat climate change and also in reducing risks to food security. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) in its 2019 Global Assessment Report on Biodiversity and Ecosystem Services considered climate change a key driver of change in nature, and it expected its impacts to increase over the coming decades, in some cases surpassing the impact of other drivers of ecosystem change such as changed land and sea use.

Recital 17

(16) Regulation (EU) 2021/1119 of the European Parliament and of the Council sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and to prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks. The restoration of ecosystems can make an important contribution to maintaining, managing and enhancing natural sinks and to increasing biodiversity while fighting climate change. Regulation (EU) 2021/1119 also requires relevant Union institutions and the Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. It also requires that Member States integrate adaptation in all policy areas and promote nature-based solutions and ecosystem-based adaptation.

Or. fr

(17) The Commission’s Communication on adaptation to climate change from 2021 emphasises the need to promote nature-based solutions and recognises that cost-effective adaptation to climate change can be achieved by protecting and restoring wetlands and peatlands as well as coastal and marine ecosystems, by developing urban green spaces and installing green roofs and walls and by promoting and sustainably managing forests and farmland. Having a greater number of biodiverse ecosystems leads to a higher resilience to climate change and provides more effective forms of disaster reduction and prevention.

Amendment 8

(18) Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/1999 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals of land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition in order to be able to effectively capture and store carbon.

Proposal for a regulation

(19) Geo-political developments have further underlined the need to safeguard the resilience of food systems. Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience.

Recital 19

(20) In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability.

Or. fr

(21) The restoration of ecosystems, coupled with efforts to reduce wildlife trade and consumption, will also help prevent and build up resilience to possible future communicable diseases with zoonotic potential, therefore decreasing the risks of outbreaks and pandemics, and contribute to support EU and global efforts to apply the One Health approach, which recognises the intrinsic connection between human health, animal health and healthy resilient nature.

Amendment 9

(22) Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’ outlines the need to restore degraded soils and enhance soil biodiversity. The Global Mechanism and the secretariat of the United Nations Convention to Combat Desertification (UNCCD) have established the Land Degradation Neutrality Target Setting Programme to assist countries to achieve land degradation neutrality by 2030.

Proposal for a regulation

(23) Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council aim to ensure the long-term protection, conservation and survival of Europe's most valuable and threatened species and habitats as well as the ecosystems of which they are part. Natura 2000, which was established in 1992 and is the largest coordinated network of protected areas in the world, is the key instrument implementing the objectives of those two Directives. This Regulation should, as those two Directives, apply to the European territory of the Member States to which the Treaties apply, and thereby also aligning with Directive 2008/56/EC.

Recital 19 a (new)

(24) A framework and guidance already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems.

Or. fr

(25) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000.

Amendment 10

(26) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achieving that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union.

Proposal for a regulation

(27) Deadlines should ▌ be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union and in order to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. Member States should, as appropriate, until 2030, give priority to areas of habitat types not in good condition that are located in Natura 2000 sites when putting in place restoration measures, given the essential role of these sites for nature conservation and the fact that there is already under existing legislation an obligation to put in place effective systems to ensure long-term effectiveness of the restoration measures in Natura 2000 sites. In order to give the necessary flexibility to Member States to make large scale restoration efforts, Member States should retain the possibility to put in place restoration measures in areas of habitat types not in good condition that are located outside Natura 2000 sites, when it is justified by specific local circumstances and conditions. Moreover, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group.

Recital 23

(28) Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive.

Or. fr

(29) It is necessary that the restoration measures for habitat types are adequate and suitable to reach good condition and the favourable reference areas as swiftly as possible, with a view to achieving their favourable conservation status. It is important that the restoration measures are those necessary to achieve the time-bound and quantified area-based targets. It is also necessary that the restoration measures for the habitats of the species are adequate and suitable to reach their sufficient quality and quantity as swiftly as possible with a view to achieving the favourable conservation status of the species.

Amendment 11

(29a) Restoration measures under this Regulation to restore or maintain certain habitat types listed in Annex I, such as grasslands, heath or wetland habitat types, may in certain cases require the removal of forest in order to reinstall conservation-driven management, which might include activities such as mowing or grazing. Nature restoration and halting deforestation are both important and mutually reinforcing environmental objectives. The Commission will develop guidelines, as mentioned in recital 36 of Regulation of the European Parliament and the Council (EU) No. [XXXX/2023] on the making available on the Union market and the export from the Union of certain commodities and products associated with deforestation and forest degradation and repealing Regulation (EU) No. 995/2010, in order to clarify the interpretation of the definition of “agricultural use” in Article 2 of that Regulation, in particular in relation to the conversion of forest to land the purpose of which is not agricultural use.

Proposal for a regulation

(30) It is important to ensure that the restoration measures put in place under this Regulation deliver concrete and measurable improvement in the condition of the ecosystems, both at the level of the individual areas subject to restoration and at national and Union levels.

Recital 24

(31) In order to ensure that the restoration measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached.

Or. fr

(32) It is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, show a continuous improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species.

Amendment 12

(33) It is important to ensure a gradual increase of the areas covered by habitat types falling within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference area for each habitat type is reached and at least 90 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation status. Member States should, where duly justified and for habitat types that are very common and widespread in the Union and that cover more than 3% of the European territory of the Member State concerned, be allowed to apply a lower percentage for the area that is to be in good condition than 90 % for individual habitat types listed in Annex I if that lower percentage does not prevent the favourable conservation status for those habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being achieved or maintained at national biogeographical level. If Member States apply this derogation, this should be justified in their national restoration plan.

Proposal for a regulation

(34) It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species.

Recital 25

(35) It is important that Member States put in place measures which aim to ensure that the areas covered by habitat types falling within the scope of this Regulation subject to restoration measures show. a continuous improvement until they reach good condition, and that Member States put in place measures which aim to ensure that they thereafter do not significantly deteriorate, so as not to jeopardize the long-term maintenance or achievement of good condition. Not achieving these outcomes does not imply a failure to comply with the obligation to put in place measures suitable for reaching these outcomes. It is also important that Member States endeavour to make efforts with the aim to prevent significant deterioration of areas covered by such habitat types that are either already in good condition or that are not in good condition and still not subject to restoration measures. Such measures are important to avoid increasing the restoration needs in the future and should focus on areas of habitat types, as identified by the Member States in their national restoration plans, that are necessary to restore in order to reach the restoration targets. It is appropriate to consider the possibility of force majeure, such as natural disasters, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change. Outside Natura 2000 sites it is appropriate to also consider the result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available. For areas subject to restoration, this should be determined on a case-by-case basis. For Natura 2000 sites, plans and projects are authorised in accordance with Article 6(4) of Directive 92/43/EEC. It is appropriate to ensure that Member States retain the possibility, in the absence of alternatives to apply the non-deterioration requirement at the level of each biogeographical region of their territory for each habitat type and each habitat of species. Such possibility should be allowed under certain conditions, including that compensatory measures are taken for each significant deterioration occurrence. Where an area is transformed from one habitat type to another falling within the scope of this Regulation as a desired result of a restoration measure, the area should not be considered to deteriorate.

Or. fr

(35a) For the purposes of the derogations from the obligations of continuous improvement and non-deterioration outside Natura 2000 sites in this Regulation, Member States should presume plants for the production of energy from renewable sources, their connection to the grid, the related grid itself and storage assets, as being of overriding public interest. Member States may decide to restrict the application of this presumption in duly justified and specific circumstances, such as reasons related to national defence. In addition, Member States may exempt these projects from the obligation to demonstrate that no less damaging alternative solutions are available for the purposes of the application of those derogations, provided that the projects have been subject to a strategic environmental assessment or an environmental impact assessment. Considering such plants as being of overriding public interest and, where applicable, limiting the requirement to assess less damaging alternative solutions would allow such projects to benefit from a simplified assessment as regards the derogations to the assessment of overriding public interest under this Regulation.

Amendment 13

(35b) Activities having as their sole purpose defence or national security should be given utmost priority. Therefore, Member States may when putting in place restoration measures exempt areas used for activities with the sole purpose of national defence if these measures are deemed to be incompatible with the continued military use of the areas in question. In addition for the purpose of the application of the provisions on derogations from the obligations of continuous improvement and non-deterioration outside Natura 2000 sites in this Regulation, Member States should be allowed to presume that plans and projects concerning such activities as being of overriding public interest. Member States may also exempt these projects from the obligation to demonstrate that no less damaging alternative solutions are available, but should put in place measures, as far as reasonable and practicable, with the aim to mitigate the impacts on the habitat types, where they apply this exemption.

Proposal for a regulation

(36) The EU Biodiversity Strategy for 2030 emphasises the need for stronger action to restore degraded marine ecosystems, including carbon-rich ecosystems and important fish spawning and nursery areas. The Strategy also announces that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems.

Recital 29

(37) The marine habitat types listed in Annex I to Directive 92/43/EEC are defined broadly and comprise many ecologically different sub-types with different restoration potential, which makes it difficult for Member States to establish appropriate restoration measures at the level of those habitat types. The marine habitat types should therefore be further specified by using relevant levels of the European nature information system (EUNIS) classification of marine habitats. Member States should establish favourable reference areas for reaching the favourable conservation status of each of those habitat types, in so far as those reference areas are not already addressed in other Union legislation. The group of marine soft sediment habitat types, corresponding to certain of the broad benthic habitat types specified under Directive 2008/56/EC, are widely represented in marine waters of several Member States. Therefore Member States should be allowed to limit the restoration measures, that are put in place gradually, to a smaller proportion of the area of these habitat types not in good condition, provided that this does not prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained, taking into account in particular threshold values for descriptors 1 and 6, laid down in accordance with Article 9(3) of that Directive, for the extent of loss of these habitat types, for adverse effects on the condition of these habitat types and for the maximum allowable extent of those adverse effects.

Or. fr

(38) Where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated, the common fisheries policy applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council provides, in particular, that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. That Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment.

Amendment 14

(39) In order to achieve the objective of continuous, long-term and sustained recovery of biodiverse and resilient nature, Member States should make full use of the possibilities provided under the common fisheries policy. Within the scope of the exclusive competence of the Union with regard to conservation of marine biological resources, Member States have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. In addition, Member States that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under Union law on the environment. Where the conservation measures necessary to contribute to the objectives of this Regulation are included in the national plans and require the submission of joint recommendations, the Member States concerned should engage in consultation and submit those joint recommendations within a deadline allowing their timely adoption before the respective target date, with a view to promote the coherence between different policies on conservation of the marine ecosystems. Such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy.

Proposal for a regulation

(40) Directive 2008/56/EC requires Member States to cooperate bilaterally and within regional and sub-regional cooperation mechanisms, including through regional sea conventions, as well as, where fisheries measures are concerned, in the context of the regional groups established under the common fisheries policy.

Recital 45

(41) It is important that restoration measures are also put in place for the habitats of certain marine species, such as sharks and rays, that for example, fall within the scope of the Convention on the Conservation of Migratory Species of Wild Animals or of the European Regional Sea Conventions’ lists of endangered and threatened species, but outside the scope of Directive 92/43/EEC, as they have an important function in the ecosystem.

Or. fr

(42) To support the restoration and non-deterioration of terrestrial, freshwater, coastal and marine habitats, Member States have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures.

Amendment 15

(43) Urban ecosystems represent around 22 % of the land surface of the Union, and constitute the area in which a majority of the citizens of the Union live. Urban green spaces include, inter alia, urban forests, parks and gardens, urban farms, tree-lined streets, urban meadows and urban hedges. As the other ecosystems addressed in this Regulation, urban ecosystems provide important habitats for biodiversity, in particular plants, birds and insects, including pollinators. They also provide many other vital ecosystem services, including natural disaster risk reduction and control (e.g. floods, heat island effects), cooling, recreation, water and air filtration, as well as climate change mitigation and adaptation. Increase of urban green space is one important parameter for the increase of the urban ecosystems ability to provide these important services. Increasing green cover in a given urban area slows water run-off (reducing river pollution risk from storm water overflow) and helps keep summer temperatures down, building climate resilience, and provides additional space for nature to thrive. Increasing the level of urban green space will in many cases improve the health of the urban ecosystem. In turn healthy urban ecosystems are essential for supporting the health of other key European ecosystems – connecting natural areas in the surrounding countryside, improving river health away from the city, providing a haven and breeding ground for bird and pollinator species linked to agricultural and forest habitats, as well as providing important habitats for migrating bird, for example.

Proposal for a regulation

(44) Actions to ensure that the coverage of urban green spaces, especially trees, will no longer be at risk of being reduced need to be strongly enhanced. In order to ensure that urban green spaces continue to provide the necessary ecosystem services, their loss should be stopped and they should be restored and increased, inter alia by integration of green infrastructure and nature-based solutions, such as green roofs and green walls, in the design of buildings. Such integration can contribute not only to the area of urban green space but also, if including trees, to the area of urban tree canopy cover.

Recital 45 a (new)

(44a) Scientific evidence suggests that artificial light negatively impacts biodiversity. Artificial light can also impact human health. When preparing their national restoration plans under this Regulation Member States can consider to stop, reduce or remediate light pollution in all ecosystems.

Or. fr

(45) The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural ▌ connectivity of rivers as well as their riparian areas and floodplains, including through the removal of artificial barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers, assessed against 2020 when the Strategy was communicated. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses.

Amendment 16

(46) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators.

Proposal for a regulation

(47) The Commission launched the EU Pollinators Initiative on 1 June 2018 in response to calls from the European Parliament and from the Council to address the decline of pollinators. The progress report on the implementation of the initiative showed that significant challenges remain in tackling the drivers of pollinator decline, including the use of pesticides. The European Parliament and the Council called for stronger actions to tackle pollinator decline and for the establishment of a Union-wide monitoring framework for pollinators, and clear objectives and indicators regarding the commitment to reverse the decline of pollinators. The European Court of Auditors has recommended that the Commission set up appropriate governance and monitoring mechanisms for actions to address threats to pollinators. On 24 January 2023 the Commission presented a revised EU Pollinators Initiative. The revision sets out actions to be taken by the EU and its Member States to reverse the decline of pollinators by 2030.

Recital 48

(48) The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists classify as being threatened with extinction.

Or. fr

(49) Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, organic farming, agro-ecology, agroforestry and low intensity permanent grassland. Such practices do not intend to stop agricultural land-use but rather adapt this type of use for the benefit of the long-term functioning and productivity of the agricultural ecosystem. Financially attractive funding schemes for owners, farmers and other land-managers to voluntarily engage in such practices are important in delivering the long-term benefits of restoration.

Amendment 17

(50) Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a general obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on the basis of a selection of indicators out of the grassland butterfly index, the stock of organic carbon in cropland mineral soils or the share of agricultural land with high diversity landscape features.

Proposal for a regulation

(51) Since farmland birds are well-known and widely recognised key indicators of the health of agricultural ecosystems, it is appropriate to set targets for their recovery. The obligation to achieve such targets would apply to Member States, not to individual farmers. Member States should achieve those targets by putting in place effective restoration measures on farmland, working with and supporting farmers and other stakeholders for their design and implementation on the ground.

Recital 49

(52) High-diversity landscape features on agricultural land, including buffer strips, rotational or non-rotational fallow land, hedgerows, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive features can also be considered as high-diversity landscape features under certain conditions.

Or. fr

(53) The Common Agricultural Policy (CAP) aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8), requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non-productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met. That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri-environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco-schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030.

Amendment 18

(54) Restoration and rewetting of organic soils in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. Where duly justified, and if rewetting of drained peatland under agricultural use cannot be implemented due to considerable negative impacts on buildings, infrastructure, climate adaptation or other public interests and it is not feasible to rewet peatlands under other land uses, the extent of peatlands to be rewetted may be set lower by the Member States.

Proposal for a regulation

(55) In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes.

Recital 50

(56) The new EU Forest Strategy for 2030 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water.

Or. fr

(57) Restoration measures need to be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of the common forest bird index and a selection of other indicators, out of standing deadwood, lying deadwood, the share of forests with uneven-aged structure, forest connectivity, share of forests dominated by native tree species, tree-species diversity and the stock of organic carbon.

Amendment 19

(57a) When planning and putting in place the restoration measures necessary to enhance biodiversity in forest ecosystems and when setting satisfactory levels for biodiversity indicators in forests, Member States should take into account the risks of forest fire, based on local circumstances. Member States should make use of best practices to reduce such risks, notably as described in the Commission guidelines on land-based wildfire prevention.

Proposal for a regulation

(57b) The EU Biodiversity Strategy for 2030 sets out a commitment to plant at least 3 billion additional trees in the EU by 2030, in full respect of ecological principles. The New EU Forest Strategy for 2030 includes a roadmap for the implementation of the commitment based on the overall principle of planting and growing the right tree in the right place and for the right purpose. An online tree counter is available to record contributions to and progress on the commitment and Member States should document trees planted in the tool. As announced in the EU Biodiversity Strategy for 2030 and in the roadmap in the New EU Forest Strategy, the Commission issued Guidelines on biodiversity-friendly afforestation, reforestation and tree planting. These guidelines, which articulate the framework of ecological principles to consider, aim to contribute to the commitment and, though this, to support the implementation of this Regulation.

Recital 52

(58) Restoration targets and obligations for habitats and species protected under Directives 92/43/EEC and 2009/147/EC, for pollinators and for freshwater, urban, agricultural and forest ecosystems should be complementary and work in synergy, with a view to achieving the overarching objective of restoring ecosystems across the Member States’ land and sea areas. The restoration measures required to achieve one specific target will in many cases contribute to the achievement of other targets or obligations. Member States should therefore plan restoration measures strategically with a view to maximising their effectiveness in contributing to the recovery of nature across the Union. Restoration measures should also be planned in such manner that they address climate change mitigation and climate change adaptation and the prevention and control of the impact of natural disasters, as well as land degradation. They should aim at optimising the ecological, economic and social functions of ecosystems, including their productivity potential, taking into account their contribution to the sustainable development of the relevant regions and communities. In order to avoid unintended consequences, Member States should also consider the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures. It is important that Member States prepare detailed national restoration plans based on the best available scientific evidence. Documented records on historic distribution and area, as well as on the projected changes to environmental conditions due to climate change, should inform judgements on favourable reference area of habitat types. Furthermore, it is important that the public is given early and effective opportunities to participate in the preparation of the plans. Member States should take account of the specific conditions and needs in their territory, in order for the plans to respond to the relevant pressures, threats and drivers of biodiversity loss, and should cooperate to ensure restoration and connectivity across borders.

Or. fr

(59) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council.

Amendment 20

(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, in particular, during the preparation of national restoration plans, Member States should take account of the potential for renewable energy projects to make contributions towards meeting nature restoration objectives.

Proposal for a regulation

(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity should take into account the deployment of renewable energy and vice versa. Restoration activities and the deployment of renewable energy projects may be combined, wherever possible, including in renewables acceleration and dedicated grid areas. Directive (EU) 2018/2001 requires Member States to perform a coordinated mapping for the deployment of renewable energy in their territory to identify the domestic potential and the available land surface, subsurface, sea or inland water as necessary for the installation of plants for the production of energy from renewable sources, and their related infrastructure, such as grid and storage facilities, including thermal storage, that are required in order to meet at least their national contributions towards the revised 2030 renewable energy target. Such areas, including the existing plants and cooperation mechanisms, shall be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in the national energy and climate plans. Member States should designate a sub-set of such areas as renewables acceleration areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, ▌ where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops and facades of buildings, transport infrastructure and their direct surroundings, parking areas, farms, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. Directive (EU) 2018/2001 also establishes that Member States may adopt a plan or plans to designate dedicated infrastructure areas for the development of grid and storage projects that are necessary to integrate renewable energy into the electricity system, where such development is not expected to have significant environmental impacts or such impacts can be duly mitigated or, where not possible, compensated. The aim of such areas shall be to support and complement the renewables acceleration areas. In the designation of renewables acceleration areas and dedicated infrastructure areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the mapping of areas necessary for national contribution towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated grid areas. During the preparation of the nature restoration plans, Member States should ensure synergies with the build-up of renewable energy and energy infrastructure and with the already designated renewables acceleration areas and dedicated grid areas and ensure that the functioning of these renewables ▌ areas, including the permitting procedures applicable in these renewables ▌ areas foreseen by Directive (EU) 2018/2001, remain unchanged.

Recital 53

(62) In order to ensure synergies with restoration measures that have already been planned or put in place in Member States, the national restoration plans should recognise those restoration measures and take them into account. In light of the urgency signalled by the 2022 IPCC report for taking actions on restoration of degraded ecosystems, Member States should implement those measures in parallel with the preparation of the restoration plans.

Or. fr

(63) The national restoration plans and the measures to restore habitats as well as the measures to prevent habitats from deteriorating should also take into account the results of research projects relevant for assessing the condition of ecosystems, identifying and putting in place restoration measures, and monitoring purposes, and where appropriate, take into account the diversity of situations in the various regions of the Union, in accordance with Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), such as social, economic and cultural requirements and regional and local characteristics, including population density.

Amendment 21

(64) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 of the Treaty on the Functioning of the European Union (TFEU), which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity value. At the same time the associated costs for protecting and restoring those ecosystems and the remoteness, insularity, small size, difficult topography and climate of the outermost regions should be taken into account, in particular when preparing the national restoration plans. Member States are encouraged to include, on a voluntary basis, specific restoration measures in those outermost regions that do not fall within the scope of this Regulation.

Proposal for a regulation

(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations, including their adequacy for meeting the Union’s overarching objectives to jointly cover, as a Union target, throughout the areas and ecosystems within the scope of this Regulation, by 2030, at least 20 % of land and 20 % of the sea areas and, by 2050, all ecosystems in need of restoration, the objectives to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 as well as the contribution to the commitment of planting at least 3 billion additional trees in the Union by 2030.

Recital 70

(66) The Commission’s State of Nature Report from 2020 has shown that a substantial share of the information reported by Member States in accordance with Article 17 of Council Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, in particular on the conservation status and trends of the habitats and species they protect, comes from partial surveys or is based only on expert judgment. That Report also showed that the status of several habitat types and species protected under Directive 92/43/EEC is still unknown. Filling in those knowledge gaps and investing in monitoring and surveillance are necessary in order to underpin robust and science-based national restoration plans. In order to increase the timeliness, effectiveness and coherence of various monitoring methods, the monitoring and surveillance should make best possible use of the results of Union-funded research and innovation projects, new technologies, such as in-situ monitoring and remote sensing using space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). The EU missions ‘Restore Our Ocean and Waters’, ‘Adaptation to Climate Change’, and ‘A Soil Deal for Europe’ will support the implementation of the restoration targets.

Or. fr

(66a) Considering the particular technical and financial challenges associated with mapping and monitoring marine environments, Member States may, as a complement to information reported in accordance with Article 17 of Directive 92/43/EEC and in accordance with Article 17 of Directive 2008/56/EC, use information about pressures and threats or other relevant information as a basis for extrapolation when assessing the condition of marine habitats listed in Annex II. Such an approach may thereby also be used as a basis for planning restoration measures in marine habitats in accordance with this Regulation. The overall assessment of the condition of marine habitats listed in Annex II should be based on the best available knowledge and latest technical and scientific progress.

Amendment 22

(67) In order to monitor the progress in implementing the national restoration plans, the restoration measures put in place, the areas subject to restoration measures, and the data on the inventory of barriers to river continuity, a system should be introduced requiring Member States to set up, keep up-to-date and make accessible relevant data on results from such monitoring. The electronic reporting of data to the Commission should make use of EEA’s Reportnet system and should aim to keep the administrative burden on all entities as limited as possible. To ensure an appropriate infrastructure for public access, reporting and data-sharing between public authorities, Member States should, where relevant, base the data specifications on those referred to in Directive 2003/4/EC of the European Parliament and of the Council, Directive 2007/2/EC of the European Parliament and of the Council and Directive (EU) 2019/1024 of the European Parliament and of the Council.

Proposal for a regulation

(68) In order to ensure an effective implementation of this Regulation, the Commission should support Member States upon request through the Technical Support Instrument, which provides tailor-made technical support to design and implement reforms. The technical support involves, for example, strengthening the administrative capacity, harmonising the legislative frameworks, and sharing relevant best practices.

Recital 75

(69) The Commission should report on the progress made by Member States towards meeting the restoration targets and obligations of this Regulation on the basis of Union-wide progress reports drawn up by the EEA as well as other analysis and reports made available by Member States in relevant policy areas such as nature, marine and water policy.

Or. fr

(70) To ensure the achievement of the targets and obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE), the European Maritime Fisheries and Aquaculture Fund (EMFAF), the European Agricultural Fund for Rural Development (EAFRD), the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund and the Just Transition Fund, as well as the Union framework programme for research and innovation, Horizon Europe, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework to biodiversity objectives. The Recovery and Resilience Facility (RRF) is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way.

Amendment 23

(70a) The preparation of the national restoration plans should not imply an obligation for Member States to re-programme any funding under the Common Agricultural Policy (CAP), the Common Fisheries Policy (CFP) or other agricultural and fisheries funding programmes and instruments under the multi-annual financial framework 2021-2027 in order to implement this Regulation.

Proposal for a regulation

(71) A range of EU, national and private initiatives are available to stimulate private financing, such as the InvestEU Programme, which offers opportunities to mobilise public and private finance to support inter alia the enhancement of nature and biodiversity by means of green and blue infrastructure projects, and carbon farming as a green business-model. Funding nature restoration measures on the ground, through private or public financing, including result-based support and innovative schemes such as carbon removal certification schemes, can be promoted. Private investment can also be incentivised through public investment schemes, including financial instruments, subsidies and other instruments, provided State aid rules are complied with.

Recital 76

(71a) To ensure the implementation of this Regulation, adequate private and public investments for nature restoration measures are essential. Therefore, the Commission should, by 12 months from its entry into force and in consultation with Member States, present a report with an analysis identifying any gaps in implementing this Regulation. That report should be accompanied, where appropriate, by proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding and without prejudging the prerogatives of the co-legislators for the adoption of the next multiannual financial framework post 2027.

Or. fr

(71b) According to settled case law of the Court of Justice, under the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts of the Member States to ensure judicial protection of a person’s rights under Union law. Furthermore, Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. The Union and the Member States are parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’). Under the Aarhus Convention Member States should ensure that, in accordance with the relevant national legal system, members of the public concerned have access to justice.

Amendment 24

(72) Member States should promote a fair and cross-society approach in the preparation and implementation of their national restoration plans. They should put in place the necessary measures to engage local and regional authorities, landowners and land users and their associations, civil society organisations, business community, research and education communities, farmers, fishers, foresters, investors and other relevant stakeholders and the general public, in all phases of the preparation, review and implementation of the national restoration plans, and to foster dialogue and the diffusion of science-based information about biodiversity and the benefits of restoration.

Proposal for a regulation

(73) Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council, CAP Strategic Plans are meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation. This Regulation on nature restoration should be taken into account when, in accordance with Article 159 of Regulation (EU) 2021/2115, the Commission reviews, by 31 December 2025, the list set out in Annex XIII to that Regulation.

Article 1 – paragraph 1 – point a

(74) In line with the commitment in the 8th Environment Action Programme to 2030, Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices.

Or. fr

(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the groups of habitats, to adapt the list of bird species used for the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the lists of marine habitats and species and the examples of restoration measures to technical and scientific progress, to take into account experience from the application of the Regulation or to ensure consistency with the EUNIS habitat types. It is of particular importance that the Commission carries out impact assessments and appropriate consultations during its preparatory work, including at expert level, ▌ in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Amendment 25

(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to establish guiding frameworks for setting the satisfactory levels of urban green space, of urban tree canopy cover in urban ecosystems, of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council.

Proposal for a regulation

(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.

Article 1 – paragraph 1 – point b

(77a) In order to allow for a rapid and effective response when an unforeseeable, exceptional and unprovoked event has occurred that is outside the control of the EU, with severe EU wide consequences on the availability of land required to secure sufficient agricultural production for EU food consumption, the Commission should adopt implementing acts. Such implementing acts may temporarily suspend the application of the relevant provisions of this Regulation to the extent and for such period as is strictly necessary, and for a maximum of twelve months, while preserving the objectives of this Regulation.

Or. fr

(78) Since the objectives of this Regulation cannot be sufficiently achieved by Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

Amendment 26

HAVE ADOPTED THIS REGULATION:

Proposal for a regulation

CHAPTER I GENERAL PROVISIONS

Article 1 – paragraph 2

Or. fr

Subject matter

Amendment 27

1. This Regulation lays down rules to contribute to:

Proposal for a regulation

(a) the ▌ long-term and sustained recovery of biodiverse and resilient ecosystems across the Member States’ land and sea areas through the restoration of degraded ecosystems;

Article 3 – paragraph 1 – point 3

(b) achieving the Union’s overarching objectives concerning climate change mitigation, climate change adaptation and land degradation neutrality;

Or. fr

(ba) enhancing food security;

Amendment 28

(c) meeting the Union’s international commitments.

Proposal for a regulation

2. This Regulation establishes a framework within which Member States shall put in place ▌ effective and area-based restoration measures with the aim to jointly cover, as a Union target, throughout the areas and ecosystems within the scope as defined in Article 2, by 2030, at least 20 % of ▌land and 20 % of the sea areas and, by 2050, all ecosystems in need of restoration.

Article 3 – paragraph 1 – point 4

Article 2

Or. fr

Geographical scope

Justification

This Regulation applies to ecosystems referred to in Articles 4 to 10:

The restoration of ecosystems to a good condition should not, in and of itself, exclude the possibility of carrying out economic activities, be they agricultural, forestry, energy or tourism. Nature, once restored, in addition to its contribution to the fight against climate change, must be able to provide ecosystem services based on sustainable development.

(a) in the territory of Member States;

Amendment 29

(aa) in the coastal waters, as defined by Directive 2000/60/EC, of Member States, their seabed and their subsoil;

Proposal for a regulation

(b) in waters, the seabed and subsoil on the seaward side of the baseline from which the extent of the territorial waters is measured extending to the outmost reach of the area where a Member State has or exercises sovereign rights or jurisdiction, in accordance with the 1982 United Nations Convention on the Law of the Sea.

Article 3 – paragraph 1 – point 5

This regulation only applies to ecosystems in the European territory of the Member States to which the Treaties apply.

Or. fr

Article 3

Amendment 30

Definitions

Proposal for a regulation

The following definitions apply:

Article 3 – paragraph 1 – point 6

(1) ‘ecosystem’ means a dynamic complex of plant, animal, fungi and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populations;

Or. fr

(2) ‘habitat of a species’ means habitat of a species as defined in point (f) of Article 1 of Directive 92/43/EEC;

Amendment 31

(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem in order to improve its structure and functions with the aim of conserving or enhancing biodiversity and ecosystem resilience; the restoration of ecosystems for the purposes of this Regulation is done through improving to good condition ▌ of a habitat type, its re-establishing to favourable reference area and improving to sufficient quality and quantity of a habitat of a species in accordance with Article 4, paragraphs 1, 2 and 3 and Article 5, paragraphs 1, 2 and 3 and fulfilling targets and obligations under Articles 6 to 10 including reaching satisfactory levels of indicators referred to in Articles 8(1), 9(2) and 10(2) as a means of conserving or enhancing biodiversity and ecosystem resilience;

Proposal for a regulation

(4) ‘good condition’ of a habitat type means a state where its key characteristics , in particular its structure and functions and its typical species or typical species composition reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and thus contribute to reaching or maintaining favourable conservation status according to Article 1, point (e) of Directive 92/43/EEC, where the habitat type concerned is listed in Annex I of that Directive, and, in marine ecosystems, contribute to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Article 3 – paragraph 1 – point 7

(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long-term viability of the habitat type and its typical species or typical species composition,, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type; where the habitat type concerned is listed in Annex I of Directive 92/43/EEC, such re-establishment contributes to reaching favourable conservation status according to Article 1, point (e) of that Directive and, in marine ecosystems, such re-establishment contributes to achieving or maintaining good environmental status according to Art 3(5) of Directive 2008/56/EC;

Or. fr

(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status of species according to the Article 1, point (i) of Directive 92/43/EEC for species listed in Annex II, IV or V of that Directive and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Amendment 32

(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status of species according to the Article 1, point (i) of Directive 92/43/EEC for species listed in Annex II, IV or V of that Directive and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Proposal for a regulation

(7a) “very common and widespread habitat type” means a habitat type that occurs in several biogeographical regions in the Union with a range exceeding 10 000 km².

Article 3 – paragraph 1 – point 8

(8) ‘pollinator’ means a wild insect which transports pollen from the anther of a plant to the stigma of a plant, enabling fertilisation and the production of seeds;

Or. fr

(9) ‘decline of pollinator populations’ means a decrease in abundance or diversity, or both, of pollinators;

Amendment 33

(9a) ‘native tree species’ means a tree species occurring within its natural range (past or present) and dispersal potential (i.e. within the range it occupies naturally or could occupy without direct or indirect introduction or care by humans);

Proposal for a regulation

(10) ‘local administrative unit’ or ‘LAU’ means a low-level administrative division of a Member State below that of a province, region or state, established in accordance with Article 4 of Regulation (EC) No 1059/2003 of the European Parliament and of the Council;

Article 4 – paragraph 1

(10a) ‘urban centres’ and ‘urban clusters’ means territorial units classified in cities and towns and suburbs using the grid-based typology established in accordance with Article 4b.2 of Regulation (EC) No 1059/2003;

Or. fr

(11) ‘cities’ means LAUs where at least 50 % of the population lives in one or more urban centres, measured using the degree of urbanisation established in accordance with Article 4b.3, point (a), of Regulation (EC) No 1059/2003;

Justification

(12) ‘towns and suburbs’ means LAUs where less than 50 % of the population lives in an urban centre, but at least 50 % of the population lives in an urban cluster, measured using the degree of urbanisation established in accordance with Article 4b.3, point (a) of Regulation (EC) No 1059/2003;

D'après le rapport de la Commission européenne sur l'état de conservation de la nature dans l'Union européenne (COM(2020) 635) le réseau Natura 2000 est composé de zones de protection spéciale (ZPS) classées en vertu de la directive «Oiseaux» et de zones spéciales de conservation (ZSC) désignées en vertu de la directive «Habitats». Il représente le plus grand réseau coordonné de zones protégées dans le monde et constitue le principal outil de l’Union européenne pour maintenir/rétablir l’état de conservation des habitats et des espèces protégés. Fin 2019, Natura 2000 couvrait 17,9 % du territoire terrestre de l’Union et 9,7 % et sa superficie avait doublé par rapport à la période précédente. Or, les données récoltées d'un Etat membre à un autre n'étant pas comparables, il est difficile d'établir un véritable état des lieux de ces zones. Il est donc nécessaire de d'abord évaluer de manière commune l'état des zones protégées et en particulier les zones Natura 2000qui constituent déjà un outil précieux de protection de la biodiversité et dont les périmètres sont déjà dégagés.

(12a) ‘peri-urban areas’ means areas adjacent to urban centres or urban clusters, including at least all areas within 1 kilometre measured from the outer limits of those urban centres or urban clusters, and located in the same city or the same town and suburb as those urban centres or urban clusters;

Amendment 34

(13) ‘urban green space’ means the total area of trees, bushes, shrubs, permanent herbaceous vegetation, lichens and mosses, ponds and watercourses found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

Proposal for a regulation

(14) ‘urban tree canopy cover’ means the total area of tree cover within cities and towns and suburbs, calculated on the basis of the Tree Cover Density data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

Article 4 – paragraph 2

(14a) ‘free flowing river’ means a river or a stretch of river whose longitudinal, lateral and vertical connectivity is not hindered by artificial structures forming a barrier and whose natural functions are largely unaffected;

Or. fr

(14b) ‘rewetting peatland’ means the process of changing a drained peat soil towards a wet soil;

Amendment 35

(15) ‘renewables acceleration area’ area’ means renewables acceleration area as defined in point 9(a) of Article 2 of Directive 2018/2001/EU of the European Parliament and of the Council.

Proposal for a regulation

CHAPTER II RESTORATION TARGETS AND OBLIGATIONS

Article 4 – paragraph 3

Or. fr

Restoration of terrestrial, coastal and freshwater ecosystems

Amendment 36

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place:

Proposal for a regulation

(a) on at least 30 % by 2030 of the total area of all habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12;

Article 4 – paragraph 4

(b) on at least 60 % by 2040 and on at least 90 % by 2050 of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12.

Or. fr

For the purpose of this paragraph, Member States shall, as appropriate, until 2030 give priority to restoration measures in areas that are located in Natura 2000 sites.

Amendment 37

1a. By way of derogation from paragraph 1, points (a) and (b), Member States may, where duly justified and for the purposes of that paragraph, exclude from the relevant group of habitat types those very common and widespread habitat types that cover more than 3 % of their European territory. Where that derogation is applied, Member States shall by 2050, for each of those habitat types, put in place restoration measures on a percentage representing at least 80 % of the area that is not in good condition. In addition, Member States shall put in place restoration measures on at least one third of that percentage by 2030 and on at least two thirds of that percentage by 2040. The derogation referred to in the first subparagraph can only be applied if it is ensured that the percentage referred to in that subparagraph does not prevent the favourable conservation status for each of those habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being achieved or maintained at national biogeographical level.

Proposal for a regulation

1b. If the derogation pursuant to paragraph 1a is applied, the obligation pursuant to paragraph 1, point (a) to put in place restoration measures by 2030 shall apply to the total area of all remaining habitat types listed in Annex I that is not in good condition and the obligation pursuant to paragraph 1, point (b) to put in place restoration measures by 2040 and 2050 shall apply to the remaining areas of the relevant groups of habitat types listed in Annex I that are not in good condition.

Article 4 – paragraph 5

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types with the aim to reach their favourable reference area. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.

Or. fr

2a. By way of derogation from paragraph 2, if Member States consider that it is not possible to put in place restoration measures by 2050 that are necessary to achieve the favourable reference area of a specific habitat type on 100 % of the surface, they may set the percentage at a level between 90 % and 100 % in their national restoration plans as referred to in Article 12 and provide adequate justifications. If such a percentage is set, the relevant Member State shall gradually put in place restoration measures that are necessary to achieve such percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional overall surface needed to reach such percentage by 2050 and by 2040, they shall cover at least 60 % of that additional overall surface.

Amendment 38

2b. If the derogation pursuant to paragraph 2a is applied to specific habitat types, the obligation laid down in paragraph 2 to put in place restoration measures shall apply to the remaining habitat types that are part of the groups of habitat types listed in Annex I to which these specific habitat types belong.

Proposal for a regulation

3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are, in addition to the restoration measures in accordance with paragraphs 1 and 2 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

Article 4 – paragraph 6

4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, and where appropriate taking into account the diversity of situations in various regions as referred to in Article 11(9a).

Or. fr

4a. Member States shall ensure, by 2030 at the latest, that the condition is known for at least 90% of area distributed overall habitat types listed in Annex I. The condition of all areas of habitat types listed in Annex I shall be known by 2040.

Amendment 39

5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.

Proposal for a regulation

6. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.

Article 4 – paragraph 7

7. Without prejudice to Directive 92/43/EEC, Member States shall, no later than by the date of publication of their national restoration plans in accordance with Article 14(6), endeavour to put in place necessary measures with the aim to prevent significant deterioration of areas where the habitat types listed in Annex I occur, which are in good condition or are necessary to achieve the restoration targets set out in paragraph 10.

Or. fr

7a. With regard to paragraphs 6 and 7, outside Natura 2000 sites, Member States may, in the absence of alternatives, apply the non-deterioration requirement at the level of each biogeographical region of their territory for each habitat type and each habitat of species, provided that the Member State concerned notifies its intention to apply this paragraph to the Commission by [OP: please insert the date = 6 months after the date of entry into force of this Regulation] and fulfils the obligations set out in Article 12(2ca), Article 17(1i), Article 18(1) and Article 18(2aa).

Amendment 40

8. Outside Natura 2000 sites, the obligation referred to in paragraph 6 does not apply to deterioration caused by:

Proposal for a regulation

(a) force majeure including natural disasters;

Article 4 – paragraph 8 – point a

(b) unavoidable habitat transformations which are directly caused by climate change; ▌

Or. fr

(c) a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or

Amendment 41

(ca) action or inaction from third countries for which the Member State concerned is not responsible.

Proposal for a regulation

8a. Outside Natura 2000 sites, the obligation referred to in paragraph 7 does not apply to deterioration caused by:

Article 4 – paragraph 8 – point b

(a) force majeure including natural disasters;

Or. fr

(b) unavoidable habitat transformations which are directly caused by climate change;

Amendment 42

(c) plans or projects of overriding public interest for which no less damaging alternative solutions are available; or

Proposal for a regulation

(d) action or inaction from third countries for which the Member State concerned is not responsible.

Article 4 – paragraph 8 – point c

9. Within Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7, is justified if it is caused by:

Or. fr

(a) force majeure including natural disasters;

Amendment 43

(b) unavoidable habitat transformations which are directly caused by climate change: or

Proposal for a regulation

(c) a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC.

Article 4 – paragraph 8 – point c a (new)

10. Member States shall ensure that there is:

Or. fr

(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

Amendment 44

(b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.

Proposal for a regulation

Article 5

Article 4 – paragraph 9 – point a

Restoration of marine ecosystems

Or. fr

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place:

Amendment 45

(a) on at least 30 % by 2030 of the total area of groups 1–6 of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;

Proposal for a regulation

(b) on at least 60 % by 2040 and on at least 90 % by 2050 of the area of each of the groups 1–6 of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;

Article 4 – paragraph 9 – point b

(c) on at least two thirds of the percentage, referred to in point (d), by 2040 of the area of group 7 of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12, and;

Or. fr

(d) on a percentage, identified in accordance with Article 11(2a), by 2050 of the area of group 7 of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12.

Amendment 46

The percentage, referred to in point (d), shall be set so as not to prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained.

Proposal for a regulation

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types of groups 1-6 listed in Annex II in areas not covered by those habitat types with the aim to reach their favourable reference area. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.

Article 4 – paragraph 10 – point a

2a. By way of derogation from paragraph 2, if Member States consider that it is not possible to put in place restoration measures by 2050 that are necessary to achieve the favourable reference area of a specific habitat type on 100 % of the surface, they may set the percentage at a level between 90 % and 100 % in their national restoration plans as referred to in Article 12 and provide adequate justifications. If such a percentage is set, the relevant Member State shall gradually put in place restoration measures that are necessary to achieve such percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional overall surface needed to reach such percentage by 2050 and by 2040, they shall cover 60 % of that additional overall surface.

Or. fr

2b. If the derogation pursuant to paragraph 2a is applied to specific habitat types, the obligation laid down in paragraph 2 to put in place restoration measures shall apply to the remaining additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex II to which these specific habitat types belong.

Amendment 47

3. Member States shall put in place the restoration measures for the marine habitats of species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are, in addition to the restoration measures put in place in accordance with paragraphs 1 and 2 of this Article, necessary in order to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

Proposal for a regulation

4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest technical and scientific progress in determining the condition of the habitat types listed in Annex II, ▌ and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC, Article 12 of Directive 2009/147/EC and Article 17 of Directive 2008/56/EC.

Article 4 – paragraph 10 – point b

4a. Member States shall ensure, by 2030 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in groups 1–6 of Annex II. The condition of all areas of groups 1–6 of habitat types listed in Annex II shall be known by 2040. Member States shall also ensure, by 2040 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in group 7 of Annex II. The condition of all areas of group 7 of habitat types listed in Annex II shall be known by 2050.

Or. fr

5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved ecological coherence and connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.

Amendment 48

6. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.

Proposal for a regulation

7. Without prejudice to Directive 92/43/EEC, Member States shall, no later than by the date of publication of their national restoration plans in accordance with Article 14(6), endeavour to put in place necessary measures with the aim to prevent significant deterioration of areas where the habitat types listed in Annex II occur, which are in good condition or are necessary to achieve the restoration targets set out in paragraph 10.

Article 7 – paragraph 1

8. Outside Natura 2000 sites, the obligation referred to in paragraph 6 does not apply to deterioration caused by:

Or. fr

(a) force majeure including natural disasters;

Justification

(b) unavoidable habitat transformations which are directly caused by climate change; ▌

Many small water retention structures on rivers and streams are essential to ensure sufficient water levels in rivers and to fill the water tables. The destruction of many small structures has led to a drop in the water levels of the rivers on which they were installed, sometimes for decades. The drop in river levels has disastrous consequences for fish populations in rivers and for the availability of water resources.

(c) a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or

Amendment 49

(ca) action or inaction from third countries for which the Member State concerned is not responsible.

Proposal for a regulation

8a. Outside Natura 2000 sites, the obligation referred to in paragraph 7 does not apply to deterioration caused by:

Article 7 – paragraph 2

(a) force majeure including natural disasters;

Or. fr

(b) unavoidable habitat transformations which are directly caused by climate change;

Amendment 50

(c) plans or projects of overriding public interest, for which no less damaging alternative solutions are available; or

Proposal for a regulation

(d) action or inaction from third countries for which the Member State concerned is not responsible.

Article 8 – paragraph 1

9. Within Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7, is justified if it is caused by:

Or. fr

(a) force majeure including natural disasters;

Amendment 51

(b) unavoidable habitat transformations which are directly caused by climate change; or

Proposal for a regulation

(c) a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC.

Article 8 – paragraph 3

10. Member States shall ensure that there is:

Or. fr

(a) an increase of habitat area in good condition for habitat types listed in groups 1–6 of Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

Amendment 52

(aa) an increase of habitat area in good condition for habitat types listed in group 7 of Annex II until at least the percentage, referred to in paragraph 1, point (d), is in good condition and until the favourable reference area for each habitat type in each biogeographical region of the Member State concerned is reached;

Proposal for a regulation

(b) a positive trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.

Article 9 – paragraph 1

Article 5a

Or. fr

Energy from renewable sources

Amendment 53

For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself and storage assets shall be presumed as being in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Article 4(8) and (8a) and 5(8) and (8a), if a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC or if they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive (EU) 2011/92. Member States may restrict in duly justified and specific circumstances the application of these provisions to certain parts of their territory as well as to certain types of technologies or to projects with certain technical characteristics in accordance with the priorities set in their national integrated energy and climate plans pursuant to Regulation (EU) 2018/1999. Member States shall inform the Commission about applied restrictions and justify them.

Proposal for a regulation

Article 5b

Article 9 – paragraph 2

National defence

Or. fr

1. When putting in place restoration measures for the purposes of Articles 4(1), (2) and (3) and 5(1), (2) and (3), Member States may exempt areas used for activities with the sole purpose of national defence, if these measures are deemed to be incompatible with the continued military use of the areas in question.

Justification

2. For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), Member States may provide that plans and projects for the sole purpose of national defence, are presumed as being in the overriding public interest. For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), Member States may also exempt such plans and projects from the requirement that no less damaging alternative solutions are available. However, where this exemption is applied, the Member State concerned shall put in place measures, as far as reasonable and practicable, with the aim to mitigate the impacts on the habitat types.

This article pre-empts the competences laid down in other legislation (CAP and also carbon farming).

Article 6

Amendment 54

Restoration of urban ecosystems

Proposal for a regulation

1. Member States shall ensure that there is no net loss in the total national area of urban green space, and of urban tree canopy cover in urban ecosystem areas, determined in accordance with Article 11(2b), by 31 December 2030, compared to [year of entry into force of this Regulation] . For the purposes of this obligation, Member States may exclude from that total national area the urban ecosystem areas in which the share of urban green space in the urban centres and urban clusters exceeds 45 % and the share of urban tree canopy cover therein exceeds 10 %.

Article 9 – paragraph 3 – point a

2. Member States shall achieve thereafter an increasing trend in the total national area of urban green space, including through integration of urban green space into buildings and infrastructure, in urban ecosystem areas, determined in accordance with Article 11(2b), measured every six years after 31 December 2030, until a satisfactory level identified in accordance with Article 11(3) is reached.

Or. fr

(a) deleted

Amendment 55

(b) deleted

Proposal for a regulation

2a. Member States shall achieve, in each urban ecosystem area, determined in accordance with Article 11(2b), an increasing trend of urban tree canopy cover, measured every six years after 31 December 2030, until the satisfactory level identified in accordance with Article 11(3) is reached.

Article 9 – paragraph 3 – point b

Article 7

Or. fr

Restoration of the natural connectivity of rivers and natural functions of the related floodplains

Amendment 56

1. Member States shall make an inventory of artificial barriers to ▌ connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.

Proposal for a regulation

2. Member States shall remove the artificial barriers to ▌ connectivity of surface waters based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), points (e) and (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.

Article 9 – paragraph 4 – subparagraph 1 – introductory part

3. Member States shall complement the removal of the barriers referred to in paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.

Or. fr

3a. Member States shall ensure that natural connectivity of rivers and natural functions of the related floodplains restored in accordance with paragraphs 2 and 3 are maintained.

Amendment 57

Article 8

Proposal for a regulation

Restoration of pollinator populations

Article 9 – paragraph 4 – subparagraph 1 – point a

1. Member States shall, by timely putting in place appropriate and effective measures, improve pollinator diversity and reverse the decline of pollinator populations at the latest by 2030 and achieve thereafter an increasing trend of pollinator populations, measured at least every six years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3).

Or. fr

2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to supplement this Regulation concerning the establishment and the update of a science-based method for monitoring pollinator diversity and populations. The Commission shall adopt the first of those delegated acts establishing such method by ... [12 months from the entry into force of this Regulation].

Amendment 58

3. The method referred to in the paragraph 2 shall provide a standardised approach for collecting annual data on the abundance and diversity of pollinator species across ecosystems, for assessing pollinator population trends and the effectiveness of restoration measures adopted by Member States in accordance with paragraph 1 of this Article.

Proposal for a regulation

3a. When using the method referred to in paragraph 2, Member States shall ensure that monitoring data comes from an adequate number of sites to ensure representativeness across their territories. Member States shall promote citizen science in the collection of monitoring data where suitable and provide adequate resources for the performance of these tasks.

Article 9 – paragraph 4 – subparagraph 1 – point b

3b. The Commission and the relevant Union agencies, in particular the EEA, EFSA and ECHA, shall, in accordance with their respective mandates, coordinate their activities concerning pollinators and provide information to support Member States in the fulfilment of their obligations under this Article upon their request. To that end the Commission shall, inter alia, set up a dedicated task-force and disseminate in a coordinated manner relevant information and expertise to the Member States.

Or. fr

Article 9

Amendment 59

Restoration of agricultural ecosystems

Proposal for a regulation

1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (2) and (3), taking into account climate change, the social and economic needs of rural areas, and the need to ensure sustainable agricultural production in the Union.

Article 9 – paragraph 4 – subparagraph 1 – point c

2. Member States shall put in place measures which shall aim to achieve an increasing trend at national level of at least two out of the three following indicators in agricultural ecosystems, as further specified in Annex IV, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every six years thereafter, until the satisfactory levels, identified in accordance with Article 11(3), are reached:

Or. fr

(a) grassland butterfly index;

Amendment 60

(b) stock of organic carbon in cropland mineral soils;

Proposal for a regulation

(c) share of agricultural land with high-diversity landscape features.

Article 9 – paragraph 4 – subparagraph 3 a (new)

3. Member States shall put in place restoration measures which shall aim to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on … [OP please insert the date = the first day of the month following 12 months after the date of entry into force of this Regulation] = 100, reaches the following levels:

Or. fr

(a) 110 by 2030, 120 by 2040 and 130 by 2050, for Member States listed in Annex V with historically more depleted populations of farmland birds;

Amendment 61

(b) 105 by 2030, 110 by 2040 and 115 by 2050, for Member States listed in Annex V with historically less depleted populations of farmland birds.

Proposal for a regulation

4. Member States shall put in place measures which shall aim to restore organic soils in agricultural use constituting drained peatlands. Those measures shall be in place on at least:

Article 9 – paragraph 4 – subparagraph 3 b (new)

(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted;

Or. fr

(b) 40 % of such areas by 2040, of which at least a third shall be rewetted;

Amendment 62

(c) 50 % of such areas by 2050, of which at least a third shall be rewetted.

Proposal for a regulation

Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to achieving the respective targets referred to in the first subparagraph, points (a), (b) and (c).

Article 10 – paragraph 1

In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 40 %, to the achievement of the targets referred to in the first subparagraph, points (a), (b) and (c).

Or. fr

The restoration measures consisting of rewetting peatland, including the water levels to be achieved, shall contribute to reducing greenhouse gas net emissions and increasing biodiversity, while taking national and local circumstances into account.

Amendment 63

Where duly justified, the extent of the rewetting of peatland under agricultural use may be reduced to less than required under points (a), (b) and (c) by a Member State if such rewetting is likely to have significant negative impacts on infrastructure, buildings, climate adaptation or other public interests and if rewetting cannot take place on other land than agricultural land. Such reduction shall be determined in accordance with Article 11(4b).

Proposal for a regulation

The obligation for Member States to achieve the rewetting targets set out in paragraph 4(a), 4(b), 4(c) does not imply an obligation for farmers and private landowners to rewet their land, for whom rewetting on agricultural land remains voluntary, without prejudice to obligations stemming from national law.

Article 10 – paragraph 2 – introductory part

Member States shall, as appropriate, incentivise rewetting to make it an attractive option for farmers and private landowner and foster access to training and advice to farmers and other stakeholders on the benefits of rewetting peatland and on the options of subsequent land management and related opportunities.

Or. fr

Article 10

Amendment 64

Restoration of forest ecosystems

Proposal for a regulation

1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3), while taking into account the risks of forest fires.

Article 10 – paragraph 2 – point a

2. Member States shall achieve an increasing trend at national level of the common forest bird index, as further set out in Annex VI, measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every six years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached.

Or. fr

(a) deleted

Amendment 65

(b) deleted

Proposal for a regulation

(c) deleted

Article 10 – paragraph 2 – point b

(d) deleted

Or. fr

(e) deleted

Amendment 66

(f) deleted

Proposal for a regulation

2a. Member States shall achieve an increasing trend at national level of at least six out of seven of the following indicators in forest ecosystems, as further set out in Annex VI, chosen on the basis of their ability to demonstrate the enhancement of biodiversity of forest ecosystems within the Member State concerned. The trend shall be measured in the period from the date of entry into force of this Regulation until 31 December 2030, and every six years thereafter, until the satisfactory levels identified in accordance with Article 11(3) are reached:

Article 10 – paragraph 2 – point c

(a) standing deadwood

Or. fr

(b) lying deadwood

Amendment 67

(c) share of forests with uneven-aged structure;

Proposal for a regulation

(d) forest connectivity;

Article 10 – paragraph 2 – point d

(e) stock of organic carbon;

Or. fr

(f) share of forests dominated by native tree species;

Amendment 68

(g) tree species diversity.

Proposal for a regulation

2b. The non-fulfilment of the obligations set out in paragraphs 2 and 2a is justified if caused by:

Article 10 – paragraph 2 – point e

(a) large-scale force majeure, including natural disasters, in particular unplanned and uncontrolled wildfire; or

Or. fr

(b) unavoidable habitat transformations which are directly caused by climate change.

Amendment 69

Article 10a

Proposal for a regulation

Planting of three billion additional trees

Article 10 – paragraph 2 – point f

1. When identifying and implementing the restoration measures to meet the objectives and obligations set out in Articles 4, 6, 7, 8, 9 and 10, Member States shall aim to contribute to the commitment of planting at least three billion additional trees by 2030 at Union level.

Or. fr

2. Member States shall ensure that their contribution to reaching the commitment set out in paragraph 1 is achieved in full respect of ecological principles, including ensuring species and age structure diversity, prioritising native tree species except for, in very specific cases and conditions, non-native species adapted to the local soil, climatic and ecological context and habitat conditions that play a role in fostering increased resilience to climate change. The measures to achieve the objective shall aim at increasing ecological connectivity and be based on sustainable afforestation, reforestation and tree planting and the greening of urban areas.

Amendment 70

CHAPTER III NATIONAL RESTORATION PLANS

Proposal for a regulation

Article 11

Article 10 – paragraph 2 – point f a (new)

Preparation of the national restoration plans

Or. fr

1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a and to contribute to the Union’s overarching objectives set out in Article 1, taking into account the latest scientific evidence.

Amendment 71

2. Member states shall quantify the area that needs to be restored to reach the restoration targets set out in Articles 4 and 5 taking into account the condition of the habitat types referred to in Articles 4(1), 4(2), 5(1) and 5(2) and the quality and quantity of the habitats of the species referred to in Article 4(3) and Article 5(3) that are present on their territory. The quantification shall be based, amongst others, on the following information:

Proposal for a regulation

(a) for each habitat type:

Article 10 – paragraph 2 – point f b (new)

(i) the total habitat area and a map of its current distribution;

Or. fr

(ii) the habitat area not in good condition;

Amendment 72

(iii) the favourable reference area taking into account records of historical distribution and the projected changes to environmental conditions due to climate change;

Proposal for a regulation

(iv) the areas most suitable for the re-establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;

Article 10 – paragraph 2 – point f c (new)

(aa) If a Member State intends to apply the derogation laid down in Article 4(1a), that Member State shall identify the percentages referred to in that Article.

Or. fr

(ab) If a Member State intends to apply the derogation laid down in Article 4(2a) and Article 5(2a), that Member State shall identify the lower percentages chosen pursuant to those Articles.

Amendment 73

(b) the sufficient quality and quantity of the habitats of the species required for achieving their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between habitats in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change, the competing needs of the habitats and species and the presence of high nature value farmland.

Proposal for a regulation

(ba) For the purpose of quantifying the area of each habitat type that needs to be restored to reach the restoration targets set out in Article 4(1), point (a), and Article 5(1), point (a), the habitat area not in good condition referred to in point (a)(ii) shall only include such areas for which the condition is known.

Article 10 – paragraph 2 – point f d (new)

(bb) For the purpose of quantifying the area of each habitat type that needs to be restored to reach the restoration targets set out in Articles 4(1), point (b), and 5(1), points (b), (c) and (d), the habitat area not in good condition referred to in point (a)(ii) shall only include such areas for which the condition is known or is to be known pursuant to Articles 4(4a) and 5(4a).

Or. fr

2a. With regard to group 7 of habitat types listed in Annex II, Member States shall set the percentage referred to in Article 5(1), point (d).

Amendment 74

2b. Member States shall determine and map urban ecosystem areas as referred to in Article 6 for all their cities and towns and suburbs.

Proposal for a regulation

The urban ecosystem area of a city or of a town and suburb shall include:

Article 10 – paragraph 2 a (new)

(a) the entire city or town and suburb; or

Or. fr

(b) parts of the city or of the town and suburb, including at least its urban centres, urban clusters and, if deemed appropriate by the Member State concerned, peri-urban areas.

Amendment 75

Member States may aggregate the urban ecosystem areas of two or more adjacent cities and/or towns and suburbs into one urban ecosystem area common to those cities and/or towns and suburbs.

Proposal for a regulation

3. Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 10(2), for each of the chosen indicators in Article 9(2), for each of the chosen indicators in Article 10(2a) and for urban green space referred to in Article 6(2) and for urban tree canopy cover referred to in Article 6(3) through an open and effective process and assessment, based on the latest scientific evidence, the guiding framework referred to in Article 17(9a) and, if available, the guiding framework referred to in Article 17(9).

Article 11 – paragraph 1

4. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversity.

Or. fr

4a. Member States may, within one year from the entry into force of this Regulation, develop a methodology to complement the methodology referred to in Annex IV, in order to monitor high diversity landscape features not covered by the common method referred to in the description of high diversity landscape features in that Annex. The Commission shall provide guidance on the framework for developing such methodology within one month from the entry into force of this Regulation.

Amendment 76

4b. Member States shall, where applicable, determine the reduction of the extent of rewetting peatland as referred to in Article 9(4), fifth subparagraph.

Proposal for a regulation

5. Member States shall identify synergies with climate change mitigation, climate change adaptation, land degradation neutrality and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:

Article 11 – paragraph 2 – point a – point i

(a) their integrated national energy and climate plan referred to in Article 3 of Regulation (EU) 2018/1999;

Or. fr

(b) their long-term strategy referred to in Article 15 of Regulation (EU) 2018/1999;

Amendment 77

(c) the Union binding target for 2030 set out in Article 3 of Directive 2018/2001/EU of the European Parliament and of the Council.

Proposal for a regulation

5a. Member States shall identify synergies with agriculture and forestry. They shall also identify existing agricultural and forestry practices, including CAP interventions, that contribute to the objectives of this Regulation.

Article 11 – paragraph 2 – point a – point ii

5b. The implementation of this Regulation shall not imply an obligation for Member States to re-programme any funding under the Common Agricultural Policy (CAP), the Common Fisheries Policy (CFP) or other agricultural and fisheries funding programmes and instruments under the multi-annual financial framework 2021-2027.

Or. fr

5c. Member States may promote the deployment of private or public support schemes to the benefit of stakeholders implementing restoration measures defined in Articles 4 to 10a, including land managers and owners, farmers, foresters and fishers.

Amendment 78

6. Member States shall coordinate the development of national restoration plans with the mapping of areas that are required in order to meet at least their national contributions towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated infrastructure areas. During the preparation of the nature restoration plans, Member States shall ensure synergies with the build-up of renewable energy and energy infrastructure and the already designated renewables acceleration areas and dedicated infrastructure areas and ensure that the functioning of these renewables areas, including the permitting procedures applicable in these renewables ▌ areas foreseen by Directive (EU) 2018/2001, as well as the functioning of grid projects that are necessary to integrate renewable energy into the electricity system and the respective permitting procedures, remain unchanged.

Proposal for a regulation

7. When preparing their national restoration plans, Member States shall in particular take the following into account:

Article 11 – paragraph 2 – point a – point iii

(a) the conservation measures established for Natura 2000 sites in accordance with Directive 92/43/EEC;

Or. fr

(b) prioritised action frameworks prepared in accordance with Directive 92/43/EEC;

Justification

(c) measures for achieving good quantitative, ecological and chemical status of water bodies included in programmes of measures and river basin management plans prepared in accordance with Directive 2000/60/EC and flood risk management plans established in accordance with Directive 2007/60/EC;

There is no uniform way of assessing the conservation status of favourable reference areas across all the Member States over the last 70 years, and nor can they necessarily be compared. What is more, the first measures to protect biodiversity were not introduced until the 1980s, and they were then stepped up from the 1990s onwards. With that in mind it would seem inappropriate to set a reference date that is so long ago.

(d) where applicable, marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC;

Amendment 79

(e) national air pollution control programmes prepared under Directive (EU) 2016/2284;

Proposal for a regulation

(f) national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity;

Article 11 – paragraph 2 – point a – point iv

(g) where applicable, conservation and management measures adopted under the common fisheries policy;

Or. fr

(ga) CAP strategic plans drawn up in accordance with Regulation (EU) 2021/2115;

Amendment 80

7a. When preparing their national restoration plans Member States shall also take into account strategic critical raw material projects where recognised under Union law.

Proposal for a regulation

8. Member States may, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence.

Article 11 – paragraph 2 – point b

9. Member States shall, when preparing the national restoration plans, aim at optimising the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities.

Or. fr

9a. Member States may, when preparing the national restoration plans, take into account the diversity of situations in various regions related to social, economic and cultural requirements, regional and local characteristics and population density. Where appropriate, the specific situation of the Union’s outermost regions, such as their remoteness, insularity, small size, difficult topography and climate, as well as their rich biodiversity and the associated costs for protecting and restoring their ecosystems, should be taken into account.

Amendment 81

10. Member States shall, where possible, foster synergies with the national restoration plans of other Member States, in particular for ecosystems that span across borders or where Members States share a marine region or subregion within the meaning of Directive 2008/56/EC.

Proposal for a regulation

10a. Member States may, where practical and appropriate, for the purpose of establishing and implementing national restoration plans, in relation to the restoration and re-establishment of marine ecosystems, use existing regional institutional cooperation structures.

Article 11 – paragraph 3

10b. Where Member States identify an issue which is likely to prevent the fulfilment of the obligations to restore and re-establish marine ecosystems and which requires measures for which they are not competent, they shall, individually or jointly, address, where concerned, Member States, the Commission or international organisations, with a description of the identified issue and possible measures, with a view to their consideration and possible adoption.

Or. fr

11. Member States shall ensure that the preparation of the restoration plan is open, transparent, inclusive and effective and that the public, including all relevant stakeholders, is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in ▌ Directive 2001/42/EC.

Amendment 82

Article 12

Proposal for a regulation

Content of the national restoration plans

Article 11 – paragraph 4

1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10a.

Or. fr

1a. By way of derogation from paragraph 1, the national restoration plan to be submitted in accordance with Articles 13 and 14(6) may, with regard to the period beyond June 2032, and until reviewed in accordance with Article 15(1), be limited to a strategic overview of:

Amendment 83

(a) the elements referred to in paragraph 2, and;

Proposal for a regulation

(b) the contents referred to in paragraphs 3 and 3a.

Article 11 – paragraph 5 – introductory part

The revised national restoration plan resulting from the review to be carried out before July 2032 in accordance with Article 15(1) may, with regard to the period beyond June 2042, and until revised before July 2042 in accordance with Article 15(1), be limited to a strategic overview of those elements and contents.

Or. fr

2. Member States shall include the following elements in their national restoration plan, using the uniform format established in accordance with paragraph 4 of this Article:

Amendment 84

(a) the quantification of the areas to be restored to reach the restoration targets set out in Articles 4 to 10 based on the preparatory work undertaken in accordance with Article 11 and indicative maps of potential areas to be restored;

Proposal for a regulation

(aa) where the derogation laid down in Article 4(2a) and Article 5(2a) is applied, a justification of the reasons why it is not possible to put in place restoration measures by 2050 that are necessary to achieve the favourable reference area of a specific habitat type and a justification of the lower percentage set;

Article 11 – paragraph 7 – point g a (new)

(b) a description of the restoration measures planned, or put in place, for achieving the targets and obligations set out in Articles 4 to 10a and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;

Or. fr

(ba) a dedicated section setting out the measures for achieving the obligations in Articles 4(4a) and 5(4a);

Amendment 85

(bb) where the derogation laid down in Article 4(1a) is applied, a justification of how the percentages set in accordance with that Article does not prevent the favourable conservation status for the relevant habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being achieved or maintained at national biogeographical level;

Proposal for a regulation

(c) an indication of the measures aiming to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Articles 4(3) and 5(3) do not significantly deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);

Article 11 – paragraph 7 – point g b (new)

(ca) where applicable, a description of how Article 4(7a) is applied in its territory, including: i. an explanation of the system of compensatory measures to be taken for each significant deterioration occurrence, as well as of the necessary monitoring of and reporting on the significant deterioration of habitat types and habitats of the species and the compensatory measures taken; ii. an explanation of how it will be ensured that the implementation of Article 4(7a) does not affect the achievement of the targets and objectives set out in Articles 1, 4 and 5;

Or. fr

(d) an indication of the measures with an aim to maintain habitat types listed in Annexes I and II in good condition in areas where they occur and with an aim to prevent significant deterioration of other areas covered by habitat types listed in Annexes I and II ▌ , in accordance with Article 4(7) and Article 5(7);

Amendment 86

(e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), the plan for their removal in accordance with Article 7(2) and the length of free-flowing rivers to be achieved by the removal of those barriers estimated from 2020 to 2030 and 2050, and any other measures to re-establish the natural functions of floodplains in accordance with Article 7(3);

Proposal for a regulation

(ea) an account of the indicators for agricultural ecosystems chosen according to Article 9(2), and their suitability to demonstrate the enhancement of biodiversity in agricultural ecosystems within the Member State concerned;

Article 11 – paragraph 7 – point g c (new)

(eb) a justification, where applicable, for rewetting peatland on a lower proportion than as set out in Article 9(4), first subparagraph, points (a)–(c);

Or. fr

(ec) an account of the indicators for forest ecosystems chosen according to article 10(2a), and their suitability to demonstrate the enhancement of biodiversity in forest ecosystems within the Member State concerned;

Amendment 87

(ed) a description of the contribution to the commitment referred to in Article 10a;

Proposal for a regulation

(f) the timing for putting in place the restoration measures in accordance with Articles 4 to 10;

Article 11 – paragraph 11

(g) a dedicated section setting out tailored restoration measures in their outermost regions, as applicable;

Or. fr

(h) the monitoring of the areas subject to restoration in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration measures put in place in accordance with Articles 4 to 10 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10a are met;

Amendment 88

(i) an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10;

Proposal for a regulation

(j) the estimated co-benefits for climate change mitigation and land degradation neutrality associated with the restoration measures over time;

Article 12 – paragraph 2 – point a

(ja) the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures;

Or. fr

(k) a dedicated section setting out how the national restoration plan considers:

Amendment 89

(i) the relevance of climate change scenarios for the planning of the type and location of restoration measures;

Proposal for a regulation

(ii) the potential of restoration measures to minimise climate change impacts on nature, to prevent or mitigate the effects of natural disasters and to support adaptation;

Article 12 – paragraph 2 – point j

(iii) synergies with national adaptation strategies or plans and national disaster risk assessment reports;

Or. fr

(iv) an overview of the interplay between the measures included in the national restoration plan and the national energy and climate plan;

Amendment 90

(l) the estimated financing needs for the implementation of the restoration measures, which shall include the description of the support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;

Proposal for a regulation

(m) an indication of the subsidies which negatively affect the achievement of the targets and the fulfilment of the obligations set out in this Regulation;

Article 12 – paragraph 2 – point k – point iv a (new)

(n) a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of local communities and stakeholders have been considered;

Or. fr

(o) a dedicated section indicating how observations from the Commission on the draft national restoration plan referred to in Article 14(4) have been taken into account in accordance with Article 14(5). If the Member State concerned does not address an observation from the Commission or a substantial part thereof, that Member State shall provide its reasons.

Amendment 91

3. The national restoration plans shall, where applicable, include the conservation and management measures that a Member State intends to adopt under the common fisheries policy, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013 and referred to in Article 14a of this Regulation, and any relevant information on those measures.

Proposal for a regulation

3a. The national restoration plans shall include an overview of the interplay between the measures included in the national restoration plan and the national strategic plan under the common agricultural policy.

Article 12 – paragraph 2 – point k – point iv b (new)

3b. Where appropriate, the national restoration plans shall include an overview of considerations related to the diversity of situations in various regions as referred to in Article 11(9a).

Or. fr

4. The Commission shall adopt implementing acts to establish a uniform format for the national restoration plans. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). The Commission shall be assisted by the European Environmental Agency (EEA) when drawing up the uniform format. By [date = the first day of the month following 3 months after the date of entry into force of this Regulation], the Commission shall submit the draft implementing acts to the committee referred to in Article 21(1).

Amendment 92

Article 13

Proposal for a regulation

Submission of the draft national restoration plan

Article 12 – paragraph 2 – point l

Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 24 months after the date of entry into force of this Regulation].

Or. fr

Article 14

Amendment 93

Assessment of the national restoration plans

Proposal for a regulation

1. The Commission shall assess the draft national restoration plans within six months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.

Article 12 – paragraph 2 – point n

2. When assessing the draft national restoration plan, the Commission shall evaluate:

Or. fr

(a) its compliance with Article 12;

Amendment 94

(b) its adequacy for meeting the targets and obligations set out in Articles 4 to 10a;

Proposal for a regulation

(c) its contribution to the Union’s overarching objectives referred to in Article 1, the specific objectives referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the commitment referred to in Article 10a of planting at least three billion additional trees in the Union by 2030.

Article 12 – paragraph 2 – point o a (new)

3. For the purpose of the assessment of the draft national restoration plans, the Commission shall be assisted by experts or the EEA.

Or. fr

4. The Commission may address observations to Member States within six months of the date of receipt of the draft national restoration plan.

Amendment 95

5. Member States shall take ▌ account of any observations from the Commission in its final national restoration plan.

Proposal for a regulation

6. Member States shall finalise, publish and submit to the Commission the national restoration plan within six months from the date of receipt of observations from the Commission.

Article 12 – paragraph 2 – point o b (new)

Article 14a

Or. fr

Coordination of restoration measures in marine ecosystems

Amendment 96

1. Member States whose national restoration plans include conservation measures to be adopted within the framework of the common fisheries policy shall make full use of the tools provided therein.

Proposal for a regulation

2. Where the national restoration plans include measures that require submission of a joint recommendation through the regionalisation procedure under Article 18 of the Regulation (EU) No 2013/1380, Member States preparing those national restoration plans shall, considering the deadlines provided for in Article 5, initiate in a timely manner consultations with other Member States having a direct management interest affected by these measures and the relevant Advisory Councils under Article 18(2) of Regulation (EU) No 2013/1380 to enable timely agreement on and submission of any joint recommendations. For that purpose, they shall also include in the national restoration plan the estimated timing of the consultation and the submission of the joint recommendations.

Article 12 – paragraph 2 a (new)

3. The Commission shall facilitate and monitor progress in the submission of joint recommendations under the common fisheries policy. Member States shall submit the joint recommendations on the conservation measures necessary to contribute to the targets set in Article 5 at the latest 18 months before the respective target date.

Or. fr

4. In the absence of joint recommendations referred to in paragraph 2 before the target date referred to in paragraph 3, concerning conservation measures necessary for compliance with obligations under Union environmental legislation referred to in Article 11 of Regulation (EU) No 1380/2013, the Commission may make full use of the tools provided for in Article 11(4) of Regulation (EU) No 1380/2013 as and where appropriate under the conditions set out therein.

Amendment 97

Article 15

Proposal for a regulation

Review of the national restoration plans

Article 13 – title

1. Member States shall review and revise their national restoration plan and include supplementary measures before July 2032 and before July 2042. At least once every 10 years thereafter, Member States shall review their national restoration plan and, if necessary, revise it and include supplementary measures. The reviews shall be carried out in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. In the reviews to be carried out before July 2032 and before July 2042, Member States shall take into account knowledge on the condition of habitat types listed in Annexes I and II gained in accordance with the obligations in Articles 4(4a) and 5(4a). Member States shall publish and communicate to the Commission their revised national restoration plan.

Or. fr

2. Where monitoring in accordance with Article 17 indicates that the measures set out in the national restoration plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10a, the Member State shall review the national restoration plan, and if necessary revise it and include supplementary measures. Member States shall publish and communicate to the Commission the revised national restoration plan.

Justification

3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10, the Commission may, after consultation with the Member State concerned, request the Member State to submit a revised draft national restoration plan with supplementary measures. That revised national restoration plan with supplementary measures shall be published and submitted within six months from the date of receipt of the request from the Commission. On request by the Member State concerned and where duly justified, the Commission may extend that deadline with an additional six months.

The Commission does not formally approve the national restoration plans.

Article 16

Amendment 98

deleted

Proposal for a regulation

CHAPTER IV MONITORING AND REPORTING

Article 13 – paragraph 1

Article 17

Or. fr

Monitoring

Justification

1. Member States shall monitor the following:

Given the extent of the assessments the Member States will be required to provide, it is very important that they have enough time to draw up their national restoration plans.

(a) the condition and trend in condition of the habitat types and the quality and the trend in quality of the habitats of the species referred to in Articles 4 and 5 in the areas subject to restoration measures on the basis of the monitoring referred to in Article 12(2), point (h);

Amendment 99

(b) the area of urban green space and tree canopy cover within urban ecosystem areas determined in accordance with 11(2b) , as referred to in Article 6;

Proposal for a regulation

(c) at least two of the indicators of biodiversity in agricultural ecosystems chosen by the Member State according to Article 9(2)

Article 14 – paragraph 1

(d) the populations of the common farmland bird species listed in Annex V;

Or. fr

(e) the indicator of biodiversity in forest ecosystems referred to in Article 10(2);

Justification

(ea) at least six of the indicators of biodiversity in forest ecosystems chosen by the Member State according to Article 10(2a);

The Commission does not formally approve the national restoration plans. As the Commission is only consulted by the Member States, it is not in a position to evaluate the plans. This means it will simply check them.

(f) the abundance and diversity of pollinator species, according to the method established in accordance with Article 8(2);

Amendment 100

(g) the area and condition of the areas covered by the habitat types listed in Annexes I and II ▌ ;

Proposal for a regulation

(h) the area and the quality of the habitat of the species referred to in Article 4(3), and Article 5(3) ▌ .

Article 14 – paragraph 2

(ha) the extent and location of the areas where habitat types and habitats of the species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(7a), as well as the effectiveness of the compensatory measures to ensure that any deterioration of habitat types and habitats of the species is not significant at the level of each biogeographical region in their territory and to ensure that the achievement of the targets and objectives set out in Articles 1, 4 and 5 is not jeopardised.

Or. fr

2. The monitoring in accordance with paragraph 1, point (a), shall start as soon as the restoration measures are put in place.

Amendment 101

3. The monitoring in accordance with paragraph 1, points (b), (c), (d), (e) and (ea) shall start on [OP please insert the date of entry into force of this Regulation].

Proposal for a regulation

4. The monitoring in accordance with paragraph 1, point (f), of this Article shall start one year after the entry into force of the delegated act referred to in Article 8(2).

Article 14 – paragraph 3

4a. The monitoring in accordance with paragraph 1, point (ha), of this Article shall start as soon as the notification referred to in Article 4(7a) is submitted to the Commission.

Or. fr

5. The monitoring in accordance with paragraph 1, points (a) and (b) shall be carried out at least every six years. The monitoring in accordance with that paragraph, point (c), concerning, where applicable, ▌ the stock of organic carbon in cropland mineral soils and the share of agricultural land with high-diversity landscape features, and (ea), concerning, where applicable, the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity, the share of forest dominated by native tree species, the tree species diversity and the stock of organic carbon, shall be carried out at least every six years, or, where necessary to evaluate the achievement of increasing trends to 2030, with a shorter interval . The monitoring in accordance with that paragraph, point (c), concerning, where applicable, the grassland butterfly index, that paragraph, point(d) concerning the common farmland bird index and point (e) concerning the common forest bird index, and that paragraph, point (f) concerning pollinator species shall be carried out every year. The monitoring in accordance with that paragraph, points (g) and (h), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC and the initial assessment under Article 17 of Directive 56/2008/EC. The monitoring in accordance with that paragraph, point (ha), shall be carried out every three years.

Amendment 102

6. Member States shall ensure that the indicators for agricultural ecosystems referred to in Article 9(2), point (b), and the indicators for forest ecosystems referred to in 10(2a), point (a, b and e), of this Regulation, are monitored in a manner consistent with the monitoring required under Regulations (EU) 2018/841 and (EU) 2018/1999.

Proposal for a regulation

7. Member States shall make public the data generated by the monitoring carried out under this Article, in accordance with Directive 2007/2/EC of the European Parliament and of the Council and in accordance with the monitoring frequencies set out in paragraph 5.

Article 14 – paragraph 4

8. Member State monitoring systems shall operate on the basis of electronic databases and geographic information systems, and shall maximise the access and use of data and services from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing.

Or. fr

8a. By 2028, the Commission shall adopt implementing acts to establish a guiding framework for setting the satisfactory levels referred to in Articles 6(2), 6(3), 8(1) and 9(2).

Amendment 103

9. The Commission may adopt implementing acts to:

Proposal for a regulation

(a) specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV;

Article 14 – paragraph 5

(b) specify the methods for monitoring the indicators for forest ecosystems listed in Annex VI;

Or. fr

(c) establish a guiding framework for setting the satisfactory levels referred to in Article 10(2) and 10(2a). ▌

Amendment 104

9a. ▌Implementing acts pursuant to paragraphs (8a) and (9) shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Proposal for a regulation

Article 18

Article 15 – paragraph 1

Reporting

Or. fr

1. Member States shall at least every three years electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10, the extent of the areas where habitat types and habitats of the species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(7a) and the barriers referred to in Article 7 that have been removed, as well as their contribution to the commitment referred to in Article 10a. The first report shall be submitted in June 2028.

Amendment 105

2. Member States shall electronically report the following data and information to the Commission ▌ , assisted by the EEA, at least every six years:

Proposal for a regulation

(a) the progress in implementing the national restoration plan, in putting in place the restoration measures and progress in achieving the targets and obligations set out in Articles 4 to 10a;

Article 15 – paragraph 2

(aa) information on:

Or. fr

i. the location of the areas where habitat types or habitats of the species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(7a);

Amendment 106

ii. a description of the effectiveness of the compensatory measures taken under Article 4(7a) in ensuring that any deterioration of habitat types and habitats of species is not significant at the level of each biogeographical region in their territory;

Proposal for a regulation

iii. a description of the effectiveness of the compensatory measures taken under Article 4(7a) in ensuring that the achievement of the targets and objectives set out in Articles 1, 4 and 5 is not jeopardised.

Article 15 – paragraph 3

(b) the results of the monitoring carried out in accordance with Article 17. The reporting of the results of the monitoring carried out in accordance with Article 17(1)(g) and (h) shall be submitted, and include geographically referenced maps;

Or. fr

(c) the location and extent of the areas subject to restoration measures referred to in Article 4, Article 5, and Article 9(4), including a geographically referenced map of those areas;

Amendment 107

(d) the updated inventory of barriers referred to in Article 7(1);

Proposal for a regulation

(e) information on the progress accomplished towards meeting financing needs, in accordance with Article 12(2)(l), including a review of actual investment against initial investment assumptions.

Article 16 – paragraph 2

The first reports shall be submitted in June 2031, covering the period up to 2030.

Or. fr

3. The Commission shall adopt implementing acts to establish the format, structure and detailed arrangements for the presentation of the information referred to in paragraphs 1 and 2 of this Article. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2). The Commission shall be assisted by the EEA when drawing up the format, structure and detailed arrangements for the electronic reporting.

Amendment 108

4. The EEA shall every three years provide to the Commission a technical overview of the progress towards the achievement of the targets and obligations set out in this Regulation, on the basis of the data made available by Member States in accordance with paragraph 1 of this Article and Article 17(7).

Proposal for a regulation

5. The EEA shall provide to the Commission a Union-wide technical report on the progress towards the achievement of the targets and obligations set out in this Regulation on the basis of the data made available by Member States in accordance with paragraphs 1, 2 and 3 of this Article. It may also use information reported under Article 17 of Directive 92/43/EEC, Article 15 of Directive 2000/60/EC, Article 12 of Directive 2009/147/EC, and Article 17 of Directive 2008/56/EC. The report shall be provided by June 2032 and subsequent reports shall be provided every six years thereafter.

Article 17 – paragraph 1 – point c

6. The Commission shall, as from [five years after the date of entry into force of this Regulation], report to the European Parliament and to the Council every six years on the implementation of this Regulation.

Or. fr

6a. By 12 months from the entry into force of this Regulation, the Commission shall, in consultation with Member States, submit a report to the European Parliament and the Council containing:

Amendment 109

(a) an overview of financial resources available at the EU level for the purpose of implementing this Regulation;

Proposal for a regulation

(b) an assessment of the funding needs to implement Articles 4 to 10a and to achieve the objective set forth in Article 1, paragraph 2;

Article 17 – paragraph 1 – point f

(c) an analysis to identify any funding gaps in the implementation of the obligations set out in the Regulation;

Or. fr

(d) where appropriate, proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding, and without prejudging the prerogatives of co-legislators for the adoption of the multiannual financial framework post 2027.

Amendment 110

7. Member States shall ensure that the information referred to in paragraphs 1 and 2 is adequate and up-to-date and that it is available to the public in accordance with Directives 2003/4/EC of the European Parliament and of the Council, Directive 2007/2/EC and (EU) 2019/1024 of the Parliament and of the Council.

Proposal for a regulation

CHAPTER V DELEGATED POWERS AND COMMITTEE PROCEDURE

Article 17 – paragraph 5

Article 19

Or. fr

Amendment of Annexes

Justification

1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the way the habitat types are grouped to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

This amendment aims to bring the whole text into line with the amendments proposed above.

2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt:

Amendment 111

(a) the list of habitat types to ensure consistency with updates to the European nature information system (EUNIS) habitat classification, and;

Proposal for a regulation

(b) the way the habitat types are grouped to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

Article 17 – paragraph 8 a (new)

3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 to technical and scientific progress.

Or. fr

4. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex IV, in order to adapt the description, unit and methodology of indicators for agricultural ecosystems to technical and scientific progress.

Amendment 112

5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to adapt the list of species used for the common farmland bird index in the Member States to technical and scientific progress.

Proposal for a regulation

6. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VI in order to adapt the description, unit and methodology of indicators for forest ecosystems to technical and scientific progress.

Article 17 – paragraph 8 b (new)

7. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex VII in order to adapt the list of examples of restoration measures to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

Or. fr

Article 20

Justification

Exercise of the delegation

The data collected from one Member State to another, particularly on the status of Natura 2000 areas, are not comparable and do not allow definitive conclusions to be drawn on the effectiveness of the Natura 2000 network. The Commission should therefore proceed to establish a common assessment methodology, in particular for Natura 2000 areas, with a view to taking further restoration measures.

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

Amendment 113

2. The power to adopt delegated acts referred to in Article 19 shall be conferred on the Commission for a period of 5 years from [OP please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

Proposal for a regulation

3. The delegation of power referred to in Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke 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.

Article 17 – paragraph 9 – subparagraph 1 – point a

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

Or. fr

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

Amendment 114

6. A delegated act adopted pursuant to Article 19 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to 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 two months at the initiative of the European Parliament or of the Council.

Proposal for a regulation

Article 21

Article 17 – paragraph 9 – subparagraph 1 – point b

Committee procedure

Or. fr

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Amendment 115

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

Proposal for a regulation

CHAPTER VI FINAL PROVISIONS

Article 17 – paragraph 9 – subparagraph 1 – point c

Article 21a

Or. fr

Amendment to Regulation (EU) 2022/869

Justification

Article 7, paragraph (8), first sub-paragraph, of Regulation (EU) 2022/869 is replaced by the following:

This amendment aims to ensure Member States benefit from flexibility in setting up their national restoration plans.

“With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Articles 4(8) and (8a) and Article 5(8) and (8a) of [the proposal for a Regulation of the European Parliament and of the Council on nature restoration], provided that all the conditions set out in those Directives are fulfilled, projects on the Union list shall be considered as being of public interest from an energy policy perspective, and may be considered as having an overriding public interest.”

Amendment 116

Article 22

Proposal for a regulation

Review

Article 18 – paragraph 2 – subparagraph 1 – introductory part

1. The Commission shall evaluate the application of this Regulation by 31 December 2033.

Or. fr

The evaluation shall include an assessment of the impacts of this Regulation on the agricultural, forestry and fisheries sectors, considering relevant links with food production and food security in the EU, and of the wider socio-economic effects of the Regulation.

Amendment 117

2. The Commission shall present a report on the main findings of the evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of Regions. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this Regulation, taking into account the need to establish additional restoration targets, including on updated targets for 2040 and 2050 based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, the evaluation as referred to in paragraph 1 of this Article, and the most recent scientific evidence.

Proposal for a regulation

Article 22a

Chapter IV a (new)

Temporary suspension

Or. fr

1. Where an unforeseeable, exceptional and unprovoked event has occurred that is outside the control of the EU, with severe EU wide consequences on the availability of land required to secure sufficient agricultural production for EU food consumption, the Commission shall adopt implementing acts which are both necessary and justifiable in an emergency. Such implementing acts may temporarily suspend the application of the relevant provisions of Article 9 of this Regulation to the extent and for such a period as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

Justification

2. Implementing acts adopted under paragraph 1 shall remain in force for a period not exceeding twelve months. If after this period the specific problems referred to in paragraph a persist, the Commission may, in order to renew the period, submit an appropriate legislative proposal.

If we wish to enable the effective restoration of ecosystems in need of such action, adequate financial support must be provided. This support can only be provided if sufficient EU funding is available.

3. The Commission shall inform the European Parliament and the Council of any act adopted under paragraph 1 within two working days of its adoption.

Amendment 118

Article 23

Proposal for a regulation

Entry into force

Article 19 – paragraph 1

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Or. fr

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Amendment 119

Done at Brussels,

Proposal for a regulation

For the European Parliament For the Council

Article 19 – paragraph 2

The President The President

Or. fr

ANNEX I TERRESTRIAL, COASTAL AND FRESHWATER ECOSYSTEMS – HABITAT TYPES AND GROUPS OF HABITAT TYPES REFERRED TO IN ARTICLE 4(1) AND 4(2)

Amendment 120

The list below includes all terrestrial, coastal and freshwater habitat types listed in Annex I of Directive 92/43/EEC referred to in Article 4(1) and 4(2), as well as six groups of those habitat types, namely 1) Wetlands (coastal and inland), 2) Grasslands and other pastoral habitats, 3) River, lake, alluvial and riparian habitats, 4) Forests, 5) Steppe, heath and scrub habitats and 6) Rocky and dune habitats.

Proposal for a regulation

1. GROUP 1: Wetlands (coastal & inland)

Article 19 – paragraph 4

2. GROUP 2: Grasslands and other pastoral habitats

Or. fr

3. GROUP 3: River, lake, alluvial and riparian habitats

Amendment 121

4. GROUP 4: Forests

Proposal for a regulation

5. GROUP 5: Steppe, heath and scrub habitats

Article 19 – paragraph 6

6. GROUP 6: Rocky and dune habitats

Or. fr

ANNEX II MARINE ECOSYSTEMS – HABITAT TYPES AND GROUPS OF HABITAT TYPES REFERRED TO IN ARTICLE 5(1) AND 5(2)

Amendment 122

The list below includes the marine habitat types referred to in Article 5(1) and 5(2), as well as seven groups of those habitat types, namely 1) Seagrass beds, 2) Macroalgal forests, 3) Shellfish beds, 4) Maerl beds, 5) Sponge, coral and coralligenous beds, 6) Vents and seeps and 7) Soft sediments (above 1000 meters of depth). The relation with the habitat types listed in Annex I of Directive 92/43/EEC is also presented.

Proposal for a regulation

The classification of marine habitat types used, differentiated by marine biogeographical regions, is made according to the European nature information system (EUNIS), as revised for the marine habitats typology in 2022 by the European Environment Agency (EEA). The information on the related habitats listed in Annex I of Council Directive 92/43/EEC is based on the crosswalk published by the EEA in 2021.

Article 19 – paragraph 7 a (new)

1. Group 1: Seagrass beds

Or. fr

2. Group 2: Macroalgal forests

Amendment 123

3. Group 3: Shellfish beds

Proposal for a regulation

4. Group 4: Maerl beds

Article 22 – paragraph 2

5. Group 5: Sponge, coral and coralligenous beds

Or. fr

6. Group 6: Vents and seeps

Amendment 124

7. Group 7: Soft sediments (above 1000 meters of depth)

Proposal for a regulation

ANNEX III MARINE SPECIES REFERRED TO IN ARTICLE 5(3)

Annex IV

(1) ▌

Or. fr

(2) dwarf sawfish (Pristis clavata);

Amendment 125

(3) smalltooth sawfish (Pristis pectinata);

Proposal for a regulation

(4) largetooth sawfish (Pristis pristis);

Annex VI – table – row 2

(5) ▌

Or. fr

(6) basking shark (Cetorhinus maximus) and white shark (Carcharodon carcharias);

Amendment 126

(7) smooth lantern shark (Etmopterus pusillus);

Proposal for a regulation

(8) reef manta ray (Manta alfredi);

Annex VI – table – row 3

(9) giant manta ray (Manta birostris);

Or. fr

(10) devil fish (Mobula mobular);

Amendment 127

(11) lesser Guinean devil ray (Mobula rochebrunei);

Proposal for a regulation

(12) spinetail mobula (Mobula japanica);

Annex VI – table – row 4

(13) smoothtail mobula (Mobula thurstoni);

Or. fr

(14) longhorned mobula (Mobula eregoodootenkee);

Amendment 128

(15) ▌

Proposal for a regulation

(16) Chilean devil ray (Mobula tarapacana);

Annex VI – table – row 5

(17) shortfin devil ray (Mobula kuhlii);

Or. fr

(18) lesser devil ray (Mobula hypostoma);

Amendment 129

(19) Norwegian skate (Raja (Dipturus) nidarosiensis);

Proposal for a regulation

(20) white skate (Raja alba);

Annex VI – table – row 6

(21) guitarfishes (Rhinobatidae);

Or. fr

(22) angel shark (Squatina squatina);

(23) salmon (Salmo salar);

(24) sea trout (Salmo trutta);

(25) houting (Coregonus oxyrhynchus).

ANNEX IV LIST OF BIODIVERSITY INDICATORS FOR AGRICULTURAL ECOSYSTEMS REFERRED TO IN ARTICLE 9(2)

ANNEX V COMMON FARMLAND BIRD INDEX AT NATIONAL LEVEL

Description

The Farmland Bird Index (FBI) summarises population trends of common and widespread birds of farmland and is intended as a proxy to assess the biodiversity status of agricultural ecosystems in Europe. The national FBI is a composite, multispecies index that measures the rate of change in the relative abundance of farmland bird species across selected survey sites at national level. The index is based on specially selected species that are dependent on farmland habitats for feeding and or nesting. National common farmland bird indices are based on species sets that are relevant to each Member State. The index is calculated with reference to a base year when the index value is typically set at 100. Trend values express the overall population change in the population size of the constituent farmland birds over a period of years.

Methodology: Brlík et al. (2021): Long-term and large-scale multispecies dataset tracking population changes of common European breeding birds. Sci Data 8, 21. https://doi.org/10.1038/s41597-021-00804-2

“Member States with historically more depleted populations of farmland birds” means Member States where half or more species contributing to the national common farmland bird index have a negative long-term population trend. In Member States, where information on long-term population trends is not available for some species, information on the European status of species is used.

These Member States are:

Czechia

Denmark

Estonia

Finland

France

Germany

Hungary

Italy

Luxembourg

Netherlands

Spain

“Member States with historically less depleted populations of farmland birds” means Member States where less than half of species contributing to the national common farmland bird index have a negative long-term population trend. In Member States, where information on long-term population trends is not available for some species, information on the European status of species is used.

These Member States are:

Austria

Belgium

Bulgaria

Croatia

Cyprus

Greece

Ireland

Latvia

Lithuania

Malta

Poland

Portugal

Romania

Slovakia

Slovenia

Sweden

List of species used for the common farmland bird index in the Member States

ANNEX VI LIST OF BIODIVERSITY INDICATORS FOR FOREST ECOSYSTEMS REFERRED TO IN ARTICLE 10(2) AND 10(2a)

ANNEX VII

LIST OF EXAMPLES OF RESTORATION MEASURES REFERRED TO IN

ARTICLE 11(8)

(1) Restore wetlands, by rewetting drained peatlands, removing peatland drainage structures or de-poldering and discontinuing peat excavation.

(2) Improve hydrological conditions by increasing quantity, quality and dynamics of surface waters and groundwater levels for natural and semi-natural ecosystems.

(3) Remove unwanted scrub encroachment or non-native plantations on grasslands, wetlands, forests and sparsely vegetated land.

(4) Apply paludiculture.

(5) Re-establish the meandering of rivers and reconnect artificially cut meanders or oxbow lakes.

(6) Remove longitudinal and lateral barriers (such as dikes and dams), give more space to river dynamics and restore free-flowing river stretches.

(7) Re-naturalise river beds and lakes and lowland watercourses by e.g. removing artificial bed fixation, optimising substrate composition, improving or developing habitat cover.

(8) Restore natural sedimentation processes.

(9) Establish riparian buffers, e.g. riparian forests, buffer strips, meadows or pastures.

(10) Increase ecological features in forests, such as large, old and dying trees (habitat trees) and amounts of lying and standing deadwood.

(11) Work towards a diversified forest structure in terms of e.g. species composition and age, enable natural regeneration and succession of tree species.

(11a) Assist migration of provenances and species where it may be needed due to climate change.

(12) Enhance forest diversity by restoring mosaics of non-forest habitats such as open patches of grassland or heathland, ponds or rocky areas.

(13) Make use of “close-to-nature” or “continuous cover” forestry approaches; introduce native tree species.

(14) Enhance the development of old-growth native forests and mature stands (e.g. by abandonment of harvesting or by active mangagement which favours development of autoregulatory functions and appropriate resilience).

(15) Introduce high-diversity landscape features in arable land and intensively used grassland, such as buffer strips, field margins with native flowers, hedgerows, trees, small forests, terrace walls, ponds, habitat corridors and stepping stones, etc.

(16) Increase the agricultural area subject to agro-ecological management approaches such as organic agriculture or agro-forestry, multicropping and crop rotation, integrated pest and nutrient management.

(17) Reduce grazing intensity or mowing regimes on grasslands where relevant and re-establish extensive grazing with domestic livestock and extensive mowing regimes where they were abandoned.

(18) Stop or reduce the use of chemical pesticides as well as chemical and animal manure fertilizers.

(19) Stop ploughing grassland and introducing seeds of productive grasses.

(20) Remove plantations on former dynamic inland dune systems to re-enable natural wind dynamics in favour of open habitats.

(21) Improve connectivity across habitats to enable the development of populations of species, and to allow for sufficient individual or genetic exchange as well as for species’ migration and adaptation to climate change.

(22) Allow ecosystems to develop their own natural dynamics for example by abandoning harvesting and promoting naturalness, wilderness.

(23) Remove and control invasive alien species, and prevent or minimize new introductions.

(24) Minimise negative impacts of fishing activities on the marine ecosystem, for example by using gear with less impact on seabed.

(25) Restore important fish spawning and nursery areas.

(26) Provide structures or substrates to encourage the return of marine life, for example coral/oyster/boulder reefs.

(27) Restore seagrass meadows and kelp forests by actively stabilising the sea bottom, reducing and, where possible, eliminating pressures or by active propagation and planting.

(27a) Restore or improve the state of characteristic native spicies population vital to the ecology of marine habitats by conducting passive or active restoration measures, e.g. introducing juveniles.

(28) Reduce various forms of marine pollution, such as nutrient loading, noise pollution and plastic waste.

(29) Increase urban green spaces with ecological features, such as parks, trees and woodland patches ▌, green roofs, wildflower grasslands, gardens, city horticulture, tree-lined streets, urban meadows and hedges, ponds and watercourses, taking into consideration inter alia species diversity, native species, local conditions and resilience to climate change.

(30) Stop, reduce or remediate pollution from pharmaceuticals, hazardous chemicals, urban and industrial wastewater, and other waste including litter and plastics as well as light in all ecosystems.

(31) Convert brownfield sites, former industrial areas and quarries into natural sites.