What changed

P9_TA(2023)0277

P9_TA(2024)0089

Nature restoration

PE737.282

Amendments* adopted by the European Parliament onlegislative 12resolution Julyof 202327 February 2024 on the proposal for a regulation of the European Parliament and of the Council on nature restoration (COM(2022)0304 – C9-0208/2022 – 2022/0195(COD))

(Ordinary legislative procedure: first reading)

[Amendment 18, unless otherwise indicated]

The European Parliament,

AMENDMENTS BY THE EUROPEAN PARLIAMENT*

– having regard to the Commission proposal to Parliament and the Council (COM(2022)0304),

to the Commission proposal

– having regard to Article 294(2) and Article 192(1) of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C90208/2022),

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

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

on nature restoration

– having regard to the opinion of the European Economic and Social Committee of 25 January 2023,

– having regard to the opinion of the Committee of the Regions of 9 February 2023,

– having regard to the provisional agreement approved by the committee responsible under Rule 74(4) of its Rules of Procedure and the undertaking given by the Council representative by letter of 22 November 2023 to approve that position, in accordance with Article 294(4) of the Treaty on the Functioning of the European Union,

– having regard to Rule 59 of its Rules of Procedure,

– having regard to the opinions of the Committee on Agriculture and Rural Development and the Committee on Fisheries,

– having regard to the report of the Committee on the Environment, Public Health and Food Safety (A9-0220/2023),

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

2. Takes note of the statement by the Commission annexed to this resolution;

3. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

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

P9_TC1-COD(2022)0195

Position of the European Parliament adopted at first reading on 27 February 2024 with a view to the adoption of Regulation (EU) 2024/… of the European Parliament and of the Council on nature restoration and amending Regulation (EU) 2022/869

(Text with EEA relevance)

Whereas:

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

(2) The communication of the Commission of 11 December 2019 entitled ‘The European Green DealDeal’ has(the set‘European Green Deal’) sets 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 communication of the Commission hasof adopted20 anMay 2020 entitled ‘EU Biodiversity Strategy for 2023 Bringing nature back into our lives’ sets out the EU Biodiversity Strategy for 2030.

(3) The Union and its Member States,States asare parties to the Convention on Biological Diversity, approved byDiversity. CouncilAs Decisionsuch, 93/626/EEC,they are committed to the long-term strategic visionvision, adopted byat the tenth meeting of the Conference of the Parties into that Convention on 18-29 October 2010 by Decision X/2 Strategic Plan for Biodiversity 2011-20202011-2020, 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.

(4) The Convention onGlobal BiologicalBiodiversity DiversityFramework, agreedadopted at COPthe 15fifteenth inmeeting Decemberof 2022,the Conference of the GlobalParties Biodiversityto Frameworkthe thatConvention on Biological Diversity on 7-19 December 2022, sets out action-oriented global targets for urgent action over the decade to 20302030. Target 1 is 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 (UN) Declaration on the Rights of Indigenous PeoplesPeoples. (UNDRIP);Target 2 is to ensure thatthat, by 20302030, 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;connectivity. Target 11 is 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.

(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.

(6) The United Nations General Assembly, inIn aits resolution of 1 March 2019, the UN General Assembly proclaimed 2021–2030 as 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.

(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 benefitsbenefit of people, the planet, the climate and our economy. It sets out an ambitious EU natureNature restorationRestoration planPlan 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.

(8) In its resolution of 9 June 2021,2021 on the EU Biodiversity Strategy for 2030, 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.

(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 neededneeded, as proposed withby 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.

(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’),Guidance’), developed by the Commission in 2022, 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 guidanceGuidance 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 guidanceGuidance that all Member States are expected to contribute towards reachingmeeting 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.

(11) The EU Biodiversity Strategy for 2030 sets out a target toof ensureensuring 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 ofmeeting 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. TheThat guidance further emphasises that those restoration efforts primarily need to be planned, implemented and coordinated at national or regional levelslevel 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.

(12) The Commission’s StateReport on the state of Naturenature Reportin fromthe European Union of 15 October 2020 (the ‘2020 State of Nature Report’) 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 the 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 florafauna and fauna.flora.

(12a)(13) The Commission's Trade Policy Review - An Open, Sustainable and Assertive Trade Policy - states that the European Green Deal iswill thelead EU’sto newa growthprogressive strategyand thatprofound willtransformation beof the driving forceeconomy behindof ourthe competitivenessUnion and will lead to a progressive but profound transformation ofits ourMember economies,States, which in turn will have a strong bearing on tradethe patterns,Union’s whileexternal theaction. EU’sIt vastis networkimportant ofthat bilateralthe Union uses its trade agreementspolicy isand anextensive essentialnetwork platformof trade agreements to engage with our partners on climate change and biodiversity andthe thereforeprotection demandsof the introductionenvironment ofand ‘mirror’biodiversity measures,also inglobally, linewhile withpromoting WTOa rules.level [Oralplaying amendment]field.

(13)(14) 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.

(14)(15) The United NationsUN 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 thisthat information to economic and other human activity.

(15)(16) Securing biodiverse ecosystems and tackling climate change are intrinsically linked.interlinked. 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 mustneeds to 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 Sixth 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 of climate change 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.

(16)(17) 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 to integrate adaptation in all policy areas and promote ecosystem-based adaptation and nature-based solutions. Nature-based solutions are solutions that are inspired and ecosystem-basedsupported adaptation.by nature, that are cost-effective, and that simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions. Nature-based solutions need to therefore benefit biodiversity and support the delivery of a range of ecosystem services.

(17)(18) The Commission’s Communicationcommunication onof adaptationthe toCommission climateof change24 fromFebruary 2021 entitled ‘Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change’ 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.

(18)(19) Union climate policy is being revised in order to follow the pathway proposedset out in Regulation (EU) 2021/1119 to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % by 2030 compared to 1990. In1990 particular,levels theby proposal2030. forIn aparticular, Regulation (EU) 2023/839 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 regardsregarding accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’)(LULUCF) sector with related policy initiatives on biodiversity. That proposalRegulation 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 thisthat 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.carbon effectively.

(19)(20) Geo-politicalAs indicated by the communication of the Commission of 23 March 2022 entitled ‘Safeguarding food security and reinforcing the resilience of food systems’, 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’sUnion’s long-term sustainability and resilience.

(20)(21) In the final report of the Conference on the Future of Europe,Europe of May 2022, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education,education and dialogues on environment, climate change, energy use, and sustainability.

(21)(22) 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 risksrisk of outbreaks and pandemics, and contribute to support EUthe Union’s and global efforts to apply the One Health approach, which recognises the intrinsic connection between human health, animal health and a healthy and resilient nature.

(22)(23) Soils are an integral part of terrestrial ecosystems. The Commission’scommunication of the Commission of 17 November 2021 Communicationentitled ‘EU Soil Strategy for 2030’2030 Reaping the benefits of healthy soils for people, food, nature and climate’ outlines the need to restore degraded soils and enhance soil biodiversity. The Global MechanismMechanism, anda thebody secretariatset ofup under the United Nations Convention to Combatcombat Desertificationdesertification (UNCCD)in those countries experiencing serious drought and/or desertification, particularly in Africa, and the secretariat of that Convention have established the Land Degradation Neutrality Target Setting Programme to assist countries to achieve land degradation neutrality by 2030.

(23)(24) 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,should apply to the European territory of the Member States to which the Treaties apply, thereby aligning with Directives 92/43/EEC and thereby2009/147/EC alsoand aligningalso with Directive 2008/56/EC.2008/56/EC of the European Parliament and of the Council. (25) The Commission has developed a framework and guidance for the determination of good condition of habitat types protected under Directive 92/43/EEC and the determination of 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 for all ecosystems to recover. Therefore, in order to enhance biodiversity at the scale of wider ecosystems, additional obligations should be established that are based on specific indicators.

(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.

(26) 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 sites.

(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.

(27) 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 to achieve that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union.

(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.

(28) Deadlines should ▌be established for putting in place restoration measures within and outside 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 reach 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 that are not in good condition and that are located in Natura 2000 sites when putting in place restoration measures, given the essential role of those sites for nature conservation and the fact that under existing Union law there is already 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 that are not in good condition and 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 would allow Member States to choose which habitats to restore first within the group.

(27) Deadlines should therefore 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 as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, 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.

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

(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.

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

(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.

(31) Restoration measures put in place under this Regulation to restore or maintain certain habitat types listed in Annex I, such as grasslands, heath or wetland habitat types, could 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 (EU) 2023/1115 of the European Parliament and the Council, in order to clarify the interpretation of the definition of ‘agricultural use’ set out in that Regulation, in particular in relation to the conversion of forest to land the purpose of which is not agricultural use.

(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.

(32) It is important to ensure that the restoration measures put in place under this Regulation deliver a 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.

(30) It(33) isIn importantorder to ensure that the restoration measures putare inefficient placeand underthat thistheir Regulationresults delivercan concretebe andmeasured measurableover improvementtime, init is essential that the areas that are subject to such restoration measures, with a view to improving the condition of thehabitats ecosystems,that bothfall atwithin the levelscope of theAnnex individualI areasto subjectDirective 92/43/EEC, to restorationre-establish those habitats and atto nationalimprove andtheir Unionconnectivity, levels.show continuous improvement until good condition is reached.

(31)(34) InIt orderis toalso ensureessential that the restorationareas measuresthat are efficientsubject andto thatrestoration theirmeasures resultswith cana beview measuredto overimproving time,the itquality isand essentialquantity thatof the areashabitats thatof arespecies subjectthat tofall suchwithin restorationthe measures,scope withof aDirective view92/43/EEC, toas improvingwell theas conditionhabitats of habitatswild thatbirds fallfalling within the scope of AnnexDirective I2009/147/EC, toshow Directivea 92/43/EEC,continuous toimprovement re-establishto thosecontribute habitatsto andthe toachievement improveof theira connectivity,sufficient showquantity aand continuousquality improvementof untilthe goodhabitats conditionof issuch reached.species.

(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.

(35) It is important to ensure that the areas covered by habitat types falling within the scope of Directive 92/43/EEC that are in good condition across the European territory of Member States and of the Union as a whole are gradually increased until the favourable reference area for each habitat type is reached and at least 90 % at Member State level of such areas are in good condition, so as to allow those habitat types in the Union to reach 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 percentage lower than 90 % for the area that is to be in good condition for individual habitat types listed in Annex I to this Regulation if that percentage would not prevent favourable conservation status for those habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being reached or maintained at national biogeographical level. If a Member State applies that derogation, the Member State should justify it in its national restoration plan.

(33)(36) It is important to ensure athat gradualthe increasequality ofand thequantity areasof coveredthe byhabitats habitatof typesspecies that fall within the scope of Directive 92/43/EEC that are in good condition92/43/EEC, acrossas thewell territoryas of Member States andhabitats of the Union aswild abirds whole,falling untilwithin the favourable reference area for each habitat typescope isof reachedDirective and2009/147/EC, atacross leastthe 90European %territory atof Member StateStates leveland of thatthe areaUnion isas ina goodwhole condition,are sogradually asincreased tountil allowthey thoseare habitatsufficient typesto inensure the Union tolong-term achievesurvival favourableof conservationthose status.species.

(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.

(37) 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 in condition until they reach good condition, and that Member States put in place measures which aim to ensure that once they have reached good condition, those habitat types do not significantly deteriorate, so as not to jeopardise the long-term maintenance or achievement of good condition. Not achieving those outcomes does not imply a failure to comply with the obligation to put in place measures suitable for reaching those outcomes. It is also important that Member States endeavour to make efforts with the aim of preventing significant deterioration of areas covered by such habitat types that are either already in good condition or that are not in good condition but are not yet 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, the restoration of which is necessary in order to meet the restoration targets.

(35) It is important that ▌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 they thereafter do not significantly deteriorate, so as not to jeopardize the long-term maintenance or achievement of good condition. 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 either already in good condition or 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 ▌appropriateappropriate to consider the possibility of force majeure, such as natural disasters, which maycould 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 also the result of a plan or project of overriding public interest,interest for which no less damaging alternative solutions are available,.available. For areas subject to restoration,restoration measures, 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. WhereIt 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, as a desired result of a restoration measure, an area is transformed from one habitat type to another falling within the scope of this Regulation asto aanother desiredhabitat resulttype offalling awithin restorationthe measure,scope of this Regulation, the area should not be considered to deteriorate.have deteriorated.

(35a)(38) For the purposes of the derogations from the obligations of continuous improvement and non-deterioration outside Natura 2000 sites inunder 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, should be presumed by the Member States as being of overriding public interest. Member States mayshould be able to decide to restrict the application of thisthat presumption in duly justified and specific circumstances, such as for reasons related to national defence. In addition, Member States mayshould be able to exempt thesesuch renewable energy 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.

(35b)(39) Activities having as their solewhich purposehave defence or national security as their sole purpose should be given utmost priority. Therefore, Member States may when putting in place restoration measuresmeasures, exemptMember areasStates usedshould forbe activitiesable withto theexempt soleareas purposeused offor nationalsuch defenceactivities, if thesethose measures are deemed to be incompatible with the continued military use of the areas in question. In additionaddition, for the purpose of the application of the provisions of this Regulation on derogations from the obligations of continuous improvement and non-deterioration outside Natura 2000 sites in this Regulation,sites, Member States should be allowed to presume that plans and projects concerning such activities as beingare of overriding public interest. Member States mayshould also be able to exempt thesesuch plans and projects from the obligation to demonstrate that no less damaging alternative solutions are available,available. butHowever, if they apply this exemption, Member States should be required to put in place measures, as far as reasonable and practicable, with the aim to mitigate the impactsimpact onof thethose habitatplans types,and whereprojects theyon applythe thishabitat exemption.types.

(36)(40) 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. TheThat Strategystrategy also announcessets out that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems.

(37)(41) 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 establishput in place appropriate restoration measures at the level of those habitat types. The marine habitat types listed in Annex I to that Directive 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 broad habitat types specified under Directive 2008/56/EC, areis widely represented in marine waters of several Member States. Therefore Member States should therefore be allowed to limit the restoration measures,measures that are put in place gradually, to a smaller proportion of the area of these habitat types that are 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 for determining good environmental status referred to in points 1 and 6,6 of Annex I to that Directive, 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.

(38)(42) Where the protection of coastal and marine habitats requires that fishing or aquaculture activities arebe regulated, the common fisheries policy (CFP) applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council provides, in particular, that the common fisheries policyCFP 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 thatthe policyCFP is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment.

(39)(43) 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 commonCFP. fisheriesMember policy.States Withinhave the possibility, 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 interestinterest, as defined in Regulation (EU) No 1380/2013, have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under Union lawenvironmental onlaw. Where a Member State includes conservation measures necessary to contribute to the environment.objectives of this Regulation in its national restoration plan and those conservation measures require the submission of joint recommendations, the Member State concerned should engage in consultation and submit those joint recommendations within a deadline that allows for their timely adoption before their respective deadlines, with a view to promoting the coherence between different policies on conservation of marine ecosystems. Such measures willare to be assessed and adopted accordingin toaccordance with the rules and procedures provided for under the common fisheries policy.CFP.

(40)(44) Directive 2008/56/EC requires Member States to cooperate bilaterally and within regional and sub-regional cooperation mechanisms, including through regionalRegional seaSea conventions,Conventions, namely the Convention for the Protection of the Marine Environment in the North-East Atlantic, the Convention on the Protection of the Marine Environment in the Baltic Sea Area, the Convention for the Protection of Marine Environment and the Coastal Region of the Mediterranean and the Convention for the Protection of the Black Sea, signed in Bucharest 21 April 1992, as well as, where fisheries measures are concerned, in the context of the regional groups established under the common fisheries policy.CFP.

(41)(45) It is important that restoration measures are alsobe put in place also for the habitats of certain marine species, such as sharks and rays, that for example, fall within the scope ofof, for example, the Convention on the Conservation of Migratory Species of Wild AnimalsAnimals, orsigned ofin theBonn Europeanon 23 June 1979, or the 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.

(42)(46) 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.

(43)(47) Urban ecosystems represent around 22 % of the land surface of the Union,Union and constitute the area in which athe 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. AsUrban ecosystems, like 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.such floods,as for floods and heat island effects),effects, cooling, recreation, water and air filtration, as well as climate change mitigation and adaptation. Increase ofIncreasing urban green space is onean important parameter for measuring the increase of the ability of urban ecosystems ability to provide thesethose importantvital services. Increasing green cover in a given urban area slows water run-off (reducingthus reducing river pollution risk from storm water overflow)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 willwill, in many casescases, improve the health of the urban ecosystem. In turnturn, healthy urban ecosystems are essential for supporting the health of other key European ecosystemsecosystems, –for example by 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.birds.

(44)(48) Actions to ensure that the coverage of urban green spaces, especiallyin particular 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 ofintegrating green infrastructure and nature-based solutions ▌,solutions, such as green roofs and green walls, in the design of buildings. Such integration can contribute to maintaining and increasing not only to the area of urban green space but also, if includingtrees trees,are toincluded, the area of urban tree canopy cover.

(44a) With artificial light increasing, light pollution has become a pertinent issue. Its sources include building exterior and interior lighting, advertising, commercial properties, offices, factories, streetlights and illuminated sporting venues. Light pollution is a driver of insect declines. Many insects are drawn to light, but artificial lights can create a fatal attraction. Declining insect populations negatively impact all species that rely on insects for food or pollination. Some predators exploit this attraction to their advantage, affecting food webs in unanticipated ways. [Am. 2]

(49) 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 should be able to consider to stop, reduce or remediate light pollution in all ecosystems.

(45)(50) The EU Biodiversity Strategy for 2030 requires greater efforts to be made 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 withbarriers, ain vieworder to supporting thesupport achievementreaching 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, assessedas againstcompared to 2020 when the EU Biodiversity Strategy for 2030 was communicated.adopted. 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.

(46)(51) In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline,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. AlmostThe 2021 Report based on the output of the Integrated system for Natural Capital Accounting (INCA) project, jointly undertaken by the Commission services and the European Environment Agency (EEA),shows that almost EUR 5 000 000 000 of the EU’sUnion’s annual agricultural output is directly attributed to insect pollinators.

(47)(52) TheWith its communication of 1 June 2018, 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 of 27 May 2021 on the implementation of thethat initiative showed that significant challenges remain in tackling the drivers of pollinator decline, including on the use of pesticides. TheBoth the European ParliamentParliament, in its resolution of 9 of June, and the CouncilCouncil, in its conclusions of 17 December 2020 on the European Court of Auditors’ Special Report No 15/2020, have called for stronger actionsaction to tackle pollinator decline and fordecline, the establishment of a Union-wide monitoring framework for pollinators, and clear objectives and indicators regarding the commitment to reverse the decline of pollinators. TheIn its Special Report issued in 2020, the European Court of Auditors has recommended that the Commission set up appropriate governance and monitoring mechanisms for actions to address threats to pollinators. OnIn its communication of 24 January 20232023, the Commission presented a revised EU Pollinators Initiative.Initiative Theentitled revision‘Revision of the EU Pollinators Initiative A new deal for pollinators’, which sets out actions to be taken by the EUUnion and its Member States to reverse the decline of pollinators by 2030.

(48)(53) 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 of species classify as being threatened with extinction.

(49)(54) 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 inof its agricultural lands, through a variety of existing practices that are beneficial to or compatible with the biodiversity enhancement, including through the use of extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity richbiodiversity-rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape featuresfeatures, 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 to adapt this type of use for the benefit of the long-term functioning and productivity of the agricultural ecosystems. 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.

(50)(55) 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 existinga indicators.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.

(51)(56) 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 achievemeet such targets wouldshould apply to Member States, not to individual farmers. Member States should achievemeet 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.

(52)(57) 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 adaptationadaptation, and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedgesfeatures can also be considered as high biodiversity landscape features provided that they do not receive fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features should be set out. ▌Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils.under [Am.certain 14]conditions.

(53)(58) The Commoncommon Agriculturalagricultural Policypolicy (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 of Lands (GAEC 8), set out in Annex III to Regulation (EU) 2021/2115 of the European Parliament and of the Council, requires beneficiaries of area relatedarea-related payments to have at least 4%4 % of arable land at farm level devoted to non-productive areas and features, includingsuch as land lying fallowfallow, and to retain existing landscape features. The 4%4 % share that is to be attributed to compliance with thatthe GAEC 8 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 commitmentscommitments, including the enhanced management of landscape features going beyond conditionalitythe GAEC 8 and/orstandard or eco-schemes. Projects under the sub-programme ‘Nature and Biodiversity’ of the LIFE natureProgramme, established by Regulation (EU) 2021/783 of the European Parliament and biodiversityof projectsthe Council, will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of DirectiveDirectives 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030.

(54)(59) Restoration and rewetting of organic soilssoils, as defined in 2006 IPCC Guidelines for National Greenhouse Gas Inventories, in agricultural useuse, (i.e.i.e. under grassland and cropland use)use, constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-housegreenhouse 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 useuse, 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 useuse, Member States mayshould be able to 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 usesuses, (forfor example forest)forest, as contributing to the achievementmeeting of the restoration 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 interestsinterests, and it is not feasible to rewet peatlands under other land uses, theit extentshould ofbe peatlandspossible tofor bethe rewettedMember mayStates beto setreduce lowerthe byextent of the Memberrewetting States.of peatlands.

(55)(60) 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 ofto 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 tounder the UNFCCC.UN Framework Convention on Climate Change. 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,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.

(56)(61) The new EU Forest Strategy for 20302030, set out in the communication of the Commission of 16 July 2021, outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’sUnion’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 controlcontrol, and the purification of air and water.

▌ [Am. 112/rev1]

(62) 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 of a selection of other indicators, out of standing deadwood, lying deadwood, share of forests with uneven-aged structure, forest connectivity, stock of organic carbon, share of forests dominated by native tree species and tree species diversity.

(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. 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.

(63) When planning and putting in place the restoration measures necessary to enhance biodiversity in forest ecosystems and when setting satisfactory levels for biodiversity indicators for 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, particularly as described in the Commission’s Guidelines on land-based wildfire prevention issued in 2021.

(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.

(64) The EU Biodiversity Strategy for 2030 sets out a commitment to plant at least 3 billion additional trees in the Union by 2030, in full respect of ecological principles. The New EU Forest Strategy for 2030, set out in the communication of the Commission of 16 July 2021, includes a roadmap for the implementation of that 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 as a tool to record contributions to and progress on the commitment and Member States should document trees planted in the tool. As set out in the EU Biodiversity Strategy for 2030 and in the roadmap in the New EU Forest Strategy for 2030, on 17 March 2023 the Commission issued Guidelines on biodiversity-friendly afforestation, reforestation and tree planting. Those Guidelines, which articulate the framework of ecological principles to consider, aim to contribute to the commitment and, through this, to support the implementation of this Regulation.

(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.

(65) 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 meet one specific target will, in many cases, contribute to meeting other targets or fulfilling other 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 to optimise 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 the determination of favourable reference areas for 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.

(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.

(66) 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 of the European Parliament and of the Council; 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 of the European Parliament and of the Council; 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 (EU) No 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council.

(62)(67) In order to ensure synergiescoherence withbetween restorationthe measuresobjectives thatof havethis alreadyRegulation beenand plannedDirective or(EU) put2018/2001 inof placethe inEuropean MemberParliament States,and of the nationalCouncil, restorationRegulation plans(EU) should2018/1999 recogniseof thosethe restorationEuropean measuresParliament and takeof themthe intoCouncil account.and InDirective light98/70/EC of the urgencyEuropean signalledParliament byand of the 2022Council IPCCas reportregards forthe takingpromotion actionsof onenergy restorationfrom renewable sources, in particular, during the preparation of degradednational ecosystems,restoration plans, Member States should implementtake thoseaccount measuresof inthe parallelpotential withfor therenewable preparationenergy ofprojects theto contribute towards fulfilling nature restoration plans.objectives.

(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.

(68) 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. It should be possible to combine restoration activities and the deployment of renewable energy projects, wherever possible, including in renewables acceleration areas and dedicated grid areas. Directive (EU) 2018/2001 requires Member States to carry out a coordinated mapping for the deployment of renewable energy in their territory in order to identify the domestic potential and the available land surface, sub-surface, sea or inland water that are necessary for the installation of renewable energy plants and their related infrastructure, such as grid and storage facilities, including thermal storage, that are required in order to fulfil at least their national contributions towards the revised 2030 renewable energy target. Such necessary areas, including the existing plants and cooperation mechanisms, are to 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. Renewables acceleration areas are specific locations, whether on land or sea, that are 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 are to 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 be allowed to 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 a significant environmental impact, such an impact can be duly mitigated or, where that is not possible, compensated for. The aim of such areas is to be to support and complement the renewables acceleration areas. In the designation of renewables acceleration areas and dedicated infrastructure areas, Member States are to avoid protected areas and consider their national restoration plans. Member States should coordinate the development of national restoration plans with the mapping of areas that are required in order to meet at least their 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 national restoration plans, Member States should ensure synergies with the build-up of renewable energy and energy infrastructure and with renewables acceleration areas and dedicated grid areas that have already been designated and ensure that the functioning of those areas, including the permit-granting procedures applicable in those areas provided for by Directive (EU) 2018/2001, remain unchanged.

(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.

(69) 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 IPCC Sixth Assessment Report for taking action on the restoration of degraded ecosystems, Member States should implement those measures in parallel with the preparation of the restoration plans.

(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.

(70) 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. Where appropriate, they should also 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.

(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.

(71) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 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.

(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.

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

(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.

(73) The 2020 State of Nature Report has shown that a substantial share of the information reported by Member States in accordance with Article 17 of 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, 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 EGNOS, Galileo and Copernicus components of the Union Space Programme, established by Regulation (EU) 2021/696 of the European Parliament and of the Council. The EU missions ‘Restore Our Ocean and Waters’, ‘Adaptation to Climate Change’, and ‘A Soil Deal for Europe’, set out in the communication from the Commission of 29 September 2021 on European Missions, will support the implementation of the restoration targets.

(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.

(74) Considering the particular technical and financial challenges associated with mapping and monitoring marine environments, Member States should be able, 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, to 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 to this Regulation. It should also be possible to use such an approach 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 to this Regulation should be based on the best available knowledge and latest technical and scientific progress.

(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.

(75) In order to ensure the monitoring of 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 limit the administrative burden on all entities as far 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 Directives 2003/4/EC, 2007/2/EC and (EU) 2019/1024 of the European Parliament and of the Council.

(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.

(76) In order to ensure an effective implementation of this Regulation, the Commission should support Member States upon request through the Technical Support Instrument, established under Regulation (EU) 2021/240 of the European Parliament and of the Council, which provides for tailor-made technical support to design and implement reforms. The technical support provided under that instrument involves, for example, strengthening the administrative capacity, harmonising the legislative frameworks and sharing relevant best practices.

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.

(77) The Commission should report on the progress made by Member States towards meeting the restoration targets and fulfilling the 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.

(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.

(78) To ensure meeting the targets and fulfilling the obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration. Member States should therefore integrate in their national budgets expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, and reflect how Union funding is used. Regarding Union funding, expenditure under the Union budget and Union financing programmes, such as the LIFE Programme, the European Maritime Fisheries and Aquaculture Fund (EMFAF), established by Regulation (EU) 2021/1139 of the European Parliament and of the Council , the European Agricultural Fund for Rural Development (EAFRD) and the European Agricultural Guarantee Fund (EAGF), both established by Regulation (EU) 2020/2220 of the European Parliament and of the Council, the European Regional Development Fund (ERDF) and the Cohesion Fund, both established by Regulation (EU) 2021/1058 of the European Parliament and of the Council and the Just Transition Fund, established by Regulation (EU) 2021/1056 of the European Parliament and of the Council, as well as Horizon Europe – the Framework Programme for Research and Innovation, established by Regulation (EU) 2021/695 of the European Parliament and of the Council, 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 multiannual financial framework for the years 2021 to 2027 laid down in Council Regulation (EU, Euratom) 2020/2093 (the ‘MFF 2021-2027’) to biodiversity objectives. The Recovery and Resilience Facility, established by Regulation (EU) 2021/241 of the European Parliament and of the Council, 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 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.

(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.

(79) The preparation of the national restoration plans should not imply an obligation for Member States to re-programme any funding under the CAP, the CFP or other agricultural and fisheries funding programmes or instruments under the MFF 2021-2027 in order to implement this Regulation.

(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.

(80) A range of Union, national and private initiatives are available to stimulate private financing, such as the InvestEU Programme, established by Regulation (EU) 2021/523 of the European Parliament and of the Council, 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, could be promoted. Private investment could also be incentivised through public investment schemes, including financial instruments, subsidies and other instruments, provided State aid rules are complied with.

(72) Member States should promote a fair and cross-society approach in the preparation and implementation of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders.

(81) To ensure the implementation of this Regulation, adequate private and public investments for nature restoration measures are essential. Therefore, the Commission should, within 12 months from the date of entry into force of this Regulation 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 multiannual financial framework post 2027.

(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.

(82) According to settled case law of the Court of Justice of the European Union, 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 UN Economic Commission for Europe 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 are to ensure that, in accordance with the relevant national legal system, members of the public concerned have access to justice.

(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.

(83) 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.

(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-Making. 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.

(84) Pursuant to Regulation (EU) 2021/2115, 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 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.

(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.

(85) In line with the commitment in the 8th Environment Action Programme, set out in Decision (EU) 2022/591 of the European Parliament and of the Council, Member States are to phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting and financing tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices.

(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.

(86) 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 supplementing this Regulation by establishing and updating a science-based method for monitoring pollinator diversity and populations and in respect of amending Annexes I to VII to this Regulation by adapting to technical and scientific progress the groups and lists of habitat types, the list of marine species, the list of species used for the common farmland bird index, the description, unit and methodology of biodiversity indicators for agricultural ecosystems and forest ecosystems and the list of examples of restoration measures, to take into account experience gained from the application of this Regulation or to ensure consistency with the EUNIS habitat types. It is of particular importance that the Commission carry 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-Making. 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.

(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.

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

(88) In order to allow for a rapid and effective response when an unforeseeable, exceptional and unprovoked event occurs that is outside the control of the Union, with severe Union-wide consequences on the availability of land required to secure sufficient agricultural production for Union food consumption, implementing powers should be conferred on the Commission in respect of the temporary suspension of the application of the relevant provisions of this Regulation to the extent and for such period as is strictly necessary, up to a maximum of 12 months, while preserving the objectives of this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011.

(89) The Commission should carry out an evaluation of this Regulation. Pursuant to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and value added and should provide the basis for impact assessments of options for further action. 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 of this Regulation, taking into account the most recent scientific evidence.

(90) Regulation (EU) 2022/869 of the European Parliament and of the Council should be amended accordingly.

(91) Since the objectives of this Regulation, namely to ensure the long-term and sustained recovery of biodiverse and resilient ecosystems, across the European territory of the Member States, through restoration measures to be put in place by the Member States to collectively meet a Union target for the restoration of land areas and sea areas by 2030 and all areas in need of restoration by 2050, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, 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,

HAVE ADOPTED THIS REGULATION:

1. This Regulation lays down rules to contribute to:

(a) ▌the biodiverse,▌long-term ▌and resilientsustained ▌recovery of biodiverse and productiveresilient ecosystems across the Member States’ land and sea areas through the restoration of degraded ecosystems; [Am. 113/rev1]

(b) achieving the Union’s overarching objectives concerning climate change mitigation, climate change adaptation, including food security, energy transition and social housing,adaptation and land degradation neutrality; [Am. 114]

(c) meeting the Union’s international commitments.

(c) enhancing food security;

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.

(d) meeting the Union’s international commitments.

2a. This Regulation needs to create synergies and be coherent with existing and ongoing legislation, taking into account national competences and ensure consistency and coherence with the Union legislation on among others renewable energies, plant protection products, critical raw materials, agricultural and forestry. [Am. 116]

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 of this Regulation, at least 20 % of ▌land areas and at least 20 % of sea areas by 2030, and all ecosystems in need of restoration by 2050.

Article 2 Geographical scope

This Regulation applies to ecosystems as referred to in Articles 4 to 10:12:

(a) in the territory of the Member States;

(aa)(b) in the coastal waters, as defined byin Article 2, point (7), of Directive 2000/60/EC, of the Member States, their seabed andor their subsoil;

(b)(c) in waters, the seabed andor subsoil on the seaward side of the baseline from which the extent of the territorial waters of a Member State is measuredmeasured, 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.

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

Article 3 Definitions

TheFor the purposes of this Regulation, the following definitions apply:

(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;

(2) ‘habitat of a species’ means habitat of a species as defined in point (f)Article of1, Articlepoint 1(f), of Directive 92/43/EEC;

(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem in order to improve its structure and functionsfunctions, with the aim of conserving or enhancing biodiversity and ecosystem resilience; the restoration ofresilience, ecosystemsthrough forimproving thean purposesarea of this Regulation is donea throughhabitat improvingtype to good condition of a habitat type, ▌its▌, re-establishing to favourable reference areaarea, and improving to sufficient quality and quantity of a habitat of a species to sufficient quality and quantity in accordance with Article 4(1), (2) and (3) and Article 5 (1),5(1), (2) and (3)(3), and fulfillingmeeting the targets and fulfilling the obligations under Articles 68 to 1012, including reaching satisfactory levels offor the indicators referred to in Articles 8(1), 9(2) and 10(2) as a means of conserving or enhancing biodiversity and8 ecosystemto resilience;12;

(4) ‘good condition’ means, as regards an area of a habitat type meanstype, a state where itsthe key characteristics ▌,of the habitat type, in particular its structure andstructure, 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), offor Directivea 92/43/EEC,habitat, where the habitat type concerned is listed in Annex I ofto thatDirective Directive,92/43/EEC, and, in marine ecosystems, contribute to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;status;

(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 to 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 Article 3(5) of Directive 2008/56/EC;

(5) ‘good environmental status’ means good environmental status as defined in Article 3, point (5), of Directive 2008/56/EC;

(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 to 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;

(6) ‘favourable conservation status for a habitat’ means favourable conservation status within the meaning of Article 1, point (e), of Directive 92/43/EEC;

(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 to 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;

(7) ‘favourable conservation status for a species’ means favourable conservation status within the meaning of Article 1, point (i), of Directive 92/43/EEC;

(7a) ‘deterioration’ means causing a net adverse effect on the habitat types and habitats of species covered by Article 4(6) and (7) and Article 5(6) and (7), in so far as that effect could be significant in relation to the overall objective of Articles 4 and 5 to maintain or restore such habitat types and habitats of species to a favourable conservation status at national and, dependent of the habitat type or the habitat of a species concerned, at a biogeographical level. [Am. 117/rev1]

(8) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical 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 the significant ecological variations of that habitat type in its natural range, and which is composed of the current area of the habitat type and, if that area is not sufficient for the long-term viability of the habitat type and its typical species or typical species composition, the additional area necessary for the re-establishment of the habitat type; where the habitat type concerned is listed in Annex I to Directive 92/43/EEC, such re-establishment contributes to reaching favourable conservation status for a habitat and, in marine ecosystems, such re-establishment contributes to achieving or maintaining good environmental status;

(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;

(9) ‘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 for a species listed in Annex II, IV or V to Directive 92/43/EEC 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;

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

(10) ‘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 for a species listed in Annex II, IV or V to Directive 92/43/EEC 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;

(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);

(11) ‘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;

(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;

(12) ‘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;

(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;

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

(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;

(14) ‘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;

(12)(15) ‘towns‘local andadministrative suburbs’unit’ meansor LAUs‘LAU’ wheremeans lessa thanlow-level 50administrative %division of the population lives in an urban centre, buta atMember leastState, 50below %that of thea populationprovince, livesregion inor anstate, urbanestablished cluster,in measuredaccordance usingwith theArticle degree4 of urbanisationRegulation established(EC) inNo accordance1059/2003 withof Articlethe 4b.3,European pointParliament (a)and of Regulation (EC) Nothe 1059/2003;Council;

(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;

(16) ‘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;

(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;

(17) ‘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;

(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;

(18) ‘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;

(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;

(19) ‘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;

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

(20) ‘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 under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

(15) ‘renewables acceleration 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.

(21) ‘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 under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

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

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

(24) ‘renewables acceleration area’ means renewables acceleration area as defined in Article 2, point (9a), of Directive (EU) 2018/2001.

CHAPTER II RESTORATION TARGETS AND OBLIGATIONS

Article 4 Restoration of terrestrial, coastal and freshwater ecosystems

1. Member States shall aim to put in place the restoration measures in Natura 2000 sites that are necessary to move towardsimprove reachingto favourablegood conservationcondition statusareas of habitat types listed in Annex I which are not in good condition. Such restoration measures shall be put in place on Natura 2000 network area of habitat types listed in Annex I that are not in good condition, as quantified in the national restoration plan referred to in Article 12. [Am. 21]place:

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 in areas necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article▌. [Am. 99]

(a) by 2030 on at least 30 % 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 15;

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.

(b) by 2040 on at least 60 % and by 2050, on at least 90 % 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 15.

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).

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.

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.

2. By way of derogation from paragraph 1, first subparagraph, 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 very common and widespread habitat types that cover more than 3 % of their European territory.

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.

Where a Member State applies the derogation referred to in the first subparagraph, the Member State shall put in place restoration measures:

6. Member States shall endeavour to ensure that the total national area in good condition and the total amount of area with a sufficient quality of the habitats of the species referred to in paragraphs 1, 2 and 3 does not significantly decrease over time. [Am. 100]

(a) by 2050 on an area representing at least 80 % of the area that is not in good condition for each of those habitat types;

▌ [Ams. 25, 101 and 121]

(b) by 2030 on at least one third of the percentage referred to in point (a); and

8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraph 6 ▌is justified if it is caused by:

(c) by 2040 on at least two thirds of the percentage referred to in point (a).

(a) force majeure including natural disasters;

The derogation referred to in the first subparagraph shall only be applied if it is ensured that the percentage referred to in point (a) of the second subparagraph does not prevent the favourable conservation status for each of those habitat types, from being reached or maintained at national biogeographical level.

3. If a Member State applies the derogation pursuant to paragraph 2, the obligation set out in paragraph 1, first subparagraph, point (a), shall apply to the total area of all remaining habitat types listed in Annex I that is not in good condition and the obligation set out in paragraph 1, first subparagraph, point (b), shall apply to the remaining areas of the relevant groups of habitat types listed in Annex I that are not in good condition.

4. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the total favourable reference area for each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.

5. By way of derogation from paragraph 4 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member State concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.

6. If a Member State applies the derogation pursuant to paragraph 5 to specific habitat types, the obligation set out in paragraph 4 shall apply to the remaining habitat types that are part of the groups of habitat types listed in Annex I to which those specific habitat types belong.

7. Member States shall put in place 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 falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 4 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.

8. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 4 and 7 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 to this Regulation, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1, point (e), of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 7 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 14(16), point (c), of this Regulation.

9. Member States shall ensure, by 2030 at the latest, that the condition of habitat types is known for at least 90 % of the area distributed over all habitat types listed in Annex I and that by 2040, the condition of all areas of habitat types listed in Annex I is known.

10. The restoration measures referred to in paragraphs 1 and 4 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 7 that occur in those habitat types.

11. 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, 4 and 7 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 7, 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.

12. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex I to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 17 of this Article.

13. With regard to paragraphs 11 and 12 of this Article, outside Natura 2000 sites, Member States may, in the absence of alternatives, apply the non-deterioration requirements set out in those paragraphs 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 … [six months from the date of entry into force of this Regulation] and fulfils the obligations set out in Article 15(3), point (g), Article 20(1) point (j), Article 21(1) and Article 21(2), point (b).

14. Outside Natura 2000 sites, the obligation set out in paragraph 11 shall not apply to deterioration caused by:

(a) force majeure, including natural disasters;

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

(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

(ca) in exceptional circumstances, linked to the realisation or continuation of activities of public interest, the non-fulfilment of the obligations set out in paragraph 6 shall be justified, provided that it does not jeopardise the achievement of the restoration targets set out in paragraphs 1, 2 and 3. Member States shall inform the Commission about such exceptional circumstances and duly justify them without delay; or [Am. 6]

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

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

15. Outside Natura 2000 sites, the obligation set out in paragraph 12 shall not apply to deterioration caused by:

8a. Outside Natura 2000 sites, the obligation to put in place necessary measures set out in paragraph 7 does not apply to deterioration caused by:

(a) force majeure, including natural disasters;

(a) force majeure including natural disasters;

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

(c) plansa plan or projectsproject of overriding public interest for which no less damaging alternative solutions are available; or

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

9.16. ForWithin Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 611 and 7,12 is justified if it is caused by:

(a) force majeuremajeure, including natural disasters;

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

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

10.17. Member States shall ensure that there is:

(a) an increase of habitatthe 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;

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

10a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC. [Am. 27]

Article 5 Restoration of marine ecosystems

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 restoration measures shall be put in place:

(a) by 2030, on at least 30 % by 2030 of the total area of groups 1–61 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15;

(b) by 2040, on at least 60 % byand, 2040by and2050, on at least 90 % by 2050 of the area of each of the groups 1–61 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15;

(c) by 2040, on at least two thirds of the percentage,percentage referred to in point (d),(d) byof 2040this paragraph of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15; and

(d) by 2050, on a percentage, identified in accordance with Article 11(2a), by 205014(3), of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12.15.

The percentage,percentage referred to in the first subparagraph, point (d)(d), of this paragraph,Article 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.

▌ [Am. 29]

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types in groups 1 to 6 listed in Annex II in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the favourable reference area for each group of habitat types, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.

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.

3. By way of derogation from paragraph 2 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member state concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.

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 178 of Directive 2008/56/EC.

4. If a Member State applies the derogation pursuant to paragraph 3 to specific habitat types, the obligation set out in paragraph 2 shall apply to the remaining additional surface needed to reach the favourable reference area of each group of habitat types listed in Annex II to which those specific habitat types belong.

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.

5. Member States shall put in place restoration measures for the marine habitats of species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in 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.

5.6. The determination of the most suitable areas for restoration measures referredin toaccordance inwith paragraphs 11, 2 and 25 of this Article shall considerbe based on the needbest foravailable improvedknowledge ecologicaland coherencethe latest technical and connectivityscientific betweenprogress in determining the condition of the habitat types listed in Annex II andto takethis intoRegulation account▌and the ecologicalquality requirementsand quantity of the habitats of the species referred to in paragraph 35 thatof occurthis inArticle, thosemaking habitatuse types.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.

6. Member States shall endeavour 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. Member States shall endeavour to put in place, where possible, necessary measures with the aim to prevent 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 on a national level. [Am. 125/rev1]

7. Member States shall ensure that the condition is known of the following areas:

▌ [Ams. 32, 104 and 126/rev1]

(a) by 2030, for at least 50 % of the area distributed over all habitat types in groups 1 to 6 listed in Annex II;

8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraph 6 ▌is justified if caused by:

(b) by 2040, for all areas of the habitat types in groups 1 to 6 listed in Annex II;

(a) force majeure including natural disasters;

(c) by 2040, for at least 50 % of the area distributed over all habitat types in group 7 listed in Annex II;

(d) by 2050, for all areas of the habitat types in group 7 listed in Annex II.

8. 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 5 that occur in those habitat types.

9. 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 5 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 5, 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.

10. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex II to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 14 of this Article.

11. Outside Natura 2000 sites, the obligation set out in paragraph 9 shall not apply to deterioration caused by:

(a) force majeure, including natural disasters;

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

▌

(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

(ca) in exceptional circumstances, linked to the realisation or continuation of activities of public interest, the non-fulfilment of the obligations set out in paragraph 6 shall be justified, provided that it does not jeopardise the achievement of the restoration targets set out in paragraphs 1, 2 and 3. Member States shall inform the Commission about such exceptional circumstances and duly justify them without delay; [Am. 7]

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

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

12. Outside Natura 2000 sites, the obligation set out in paragraph 10 shall not apply to deterioration caused by:

8a. Outside Natura 2000 sites, the obligation to put in place necessary measures set out in paragraph 7 does not apply to deterioration caused by:

(a) force majeure, including natural disasters;

(a) force majeure including natural disasters;

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

(c) plansa plan or projectsproject of overriding public interest, for which no less damaging alternative solutions are available; or

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

9.13. ForWithin Natura 2000 sites, the non-fulfilment of the obligationobligations set out in paragraphs 69 and 7,10 is justified if it is caused by:

(a) force majeure, including natural disasters;

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

10.14. Member States shall ensure that there is:

(a) an increase of habitatthe area in good condition for habitat types listed inof groups 1–61 to 6 of the habitat types listed in 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;

(aa)(b) an increase of habitatthe area in good condition for habitat types listed inof group 7 of the habitat types listed in Annex II until at least the percentage, referred to in paragraph 1, first subparagraph, 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;

(b)(c) aan positiveincreasing trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and of the species coveredfalling bywithin the scope of Directive 2009/147/EC.

Article 5a6 Energy from renewable sources

1. For the purposes of ArticlesArticle 4(8)4(14) and (8a)(15) and 5(8)Article 5(11) and (8a),(12), the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itselfitself, and storage assets shall be presumed asto beingbe in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Articles 4(8) and (8a) andArticle 5(8)4(14) 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(15) 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 integratedArticle energy5(11) and climate plans pursuant to Regulation (EU) 2018/1999. Member States shall inform the Commission about applied restrictions and(12), justifyprovided them.that:

Article 5b National defence

(a) a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC of the European Parliament and of the Council; or

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.

(b) they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive 2011/92/EU of the European Parliament and of the Council.

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.

2. Member States may restrict in duly justified and specific circumstances the application of paragraph 1 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 integrated national energy and climate plans pursuant to Regulation (EU) 2018/1999.

Article 6 Restoration of urban ecosystems

If Member States apply restrictions pursuant to the first subparagraph, they shall inform the Commission about those restrictions and justify them.

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 7 National defence

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.

1. When putting in place restoration measures for the purposes of Article 4(1), (4) or (7) or Article 5(1), (2) or (5), Member States may exempt areas used for activities the sole purpose of which is national defence if those measures are deemed to be incompatible with the continued military use of the areas in question.

3. 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.

2. For the purposes of Article 4(14) and (15) and Article 5(11) and (12), Member States may provide that plans and projects the sole purpose of which is national defence are presumed to be in the overriding public interest.

Article 7 Restoration of the natural connectivity of rivers and natural functions of the related floodplains

For the purposes of Article 4(14) and (15) and Article 5(11) and (12), Member States may exempt plans and projects the sole purpose of which is national defence from the requirement that no less damaging alternative solutions are available. However, where a Member State applies that exemption, the Member State shall put in place measures, as far as reasonable and practicable, with the aim to mitigate the impact of those plans and projects on habitat types.

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.

Article 8 Restoration of urban ecosystems

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.

1. By 31 December 2030, 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 14(4), compared to … [year of entry into force of this Regulation]. For the purposes of this paragraph, Member States may exclude from those total national areas 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 exceeds 10 %.

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.

2. From 1 January 2031, Member States shall achieve an increasing trend in the total national area of urban green space, including through the integration of urban green space into buildings and infrastructure, in urban ecosystem areas, determined in accordance with Article 14(4), measured every six years from 1 January 2031, until a satisfactory level as set in accordance with Article 14(5) is reached.

4. 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.

3. Member States shall achieve, in each urban ecosystem area, determined in accordance with Article 14(4), an increasing trend of urban tree canopy cover, measured every six years from 1 January 2031, until the satisfactory level identified as set in accordance with Article 14(5) is reached.

Article 8 Restoration of pollinator populations

Article 9 Restoration of the natural connectivity of rivers and natural functions of the related floodplains

1. Member States shall, by 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, following the entry into force of the Regulation and measured every six years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3). [Am. 88]

1. Member States shall make an inventory of artificial barriers to ▌the connectivity of surface waters and, taking into account the socio-economic functions of the artificial barriers, identify the barriers that need to be removed to contribute to meeting the restoration targets set out in Article 4 of this Regulation and fulfilling 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 Article 4(3), (5) and (7) thereof, and Regulation (EU) No 1315/2013 of the European Parliament and of the Council, in particular Article 15 thereof.

2. By ... [9 months after the entry into force of this Regulation], the Commission shall adopt delegated acts in accordance with Article 20 to establish a science-based method for monitoring pollinator diversity and populations. ▌ [Am. 89]

2. Member States shall remove the artificial barriers to ▌the connectivity of surface waters identified in the inventory made pursuant to paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 15(3), points (i) and (n). When removing artificial barriers, Member States shall primarily address obsolete barriers, namely those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection or other uses.

3. The method referred to in the paragraph 2 shall provide guidance to Member States for the purpose of defining satisfactory levels pursuant to Article 11(3) and 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. [Am. 90]

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

3a. Member States and the Commission shall ensure that monitoring data comes from an adequate number of sites to ensure representativeness across the territory. Member States shall ensure sufficient resources for the monitoring and promote citizen science. [Am. 91]

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

3b. The Commission and the relevant Union agencies, in particular the EEA, EFSA and ECHA, shall jointly address the main pressures pollinators face and support the Member States upon their request. [Am. 92]

Article 10 Restoration of pollinator populations

▌ [Am. 34]

1. Member States shall, by putting in place in a timely manner appropriate and effective measures, improve pollinator diversity and reverse the decline of pollinator populations at the latest by 2030 and thereafter achieve an increasing trend of pollinator populations, measured at least every six years from 2030, until satisfactory levels are achieved, as set in accordance with Article 14(5).

Article 10 Restoration of forest ecosystems

2. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Regulation by establishing and updating a science-based method for monitoring pollinator diversity and pollinator populations. The Commission shall adopt the first of those delegated acts establishing such method by ... [12 months from the date of entry into force of this Regulation].

1.3. MemberThe Statesmethod shallreferred putto in placeparagraph the2 restorationshall measuresprovide necessarya tostandardised enhanceapproach biodiversityfor collecting annual data on the abundance and diversity of forestpollinator species across ecosystems, infor additionassessing topollinator thepopulation areastrends thatand arethe subjecteffectiveness toof restoration measures pursuantadopted toby ArticleMember 4(1),States (2)in andaccordance (3)with paragraph 1.

2. Member States shall achieve an increasing trend at national level of each of the following indicators in forest ecosystems, 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:

4. 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 those tasks.

▌ [Am. 129/rev1]

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

▌ [Am. 130/rev1]

Article 11 Restoration of agricultural ecosystems

▌

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), (4) and (7), taking into account climate change, the social and economic needs of rural areas and the need to ensure sustainable agricultural production in the Union.

▌

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 for 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 as set in accordance with Article 14(5) are reached:

(c) common forest bird index.

(a) grassland butterfly index;

▌

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

2a. Member States shall achieve an increasing trend at national level of three 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:

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

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

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 … [date: the first day of the month following 12 months from the date of entry into force of this Regulation] = 100, reaches the following levels:

(b) forest connectivity;

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

(c) stock of organic carbon;

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

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

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:

(e) tree species diversity.

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

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

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

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

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

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 meeting the targets referred to in the first subparagraph, points (a), (b) and (c).

Restoration measures that consist in 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.

Where duly justified, the extent of the rewetting of peatland under agricultural use may be reduced to less than required under the first subparagraph, points (a), (b) and (c), of this paragraph 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 such rewetting cannot take place on land other than agricultural land. Any such reduction shall be determined in accordance with Article 14(8).

The obligation for Member States to meet the rewetting targets set out in the first subparagraph, points (a), (b) and (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.

Member States shall, as appropriate, incentivise rewetting to make it an attractive option for farmers and private landowners 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.

Article 12 Restoration of forest ecosystems

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), (4) and (7), while taking into account the risks of forest fires.

2. Member States shall achieve an increasing trend at national level of the common forest bird index, as further specified 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 as set in accordance with Article 14(5) are reached.

3. Member States shall achieve an increasing trend at national level of at least six out of seven of the following indicators for forest ecosystems, as further specified 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 as set in accordance with Article 14(5) are reached:

(a) standing deadwood;

(b) lying deadwood;

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

(d) forest connectivity;

(e) stock of organic carbon;

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

(g) tree species diversity.

4. The non-fulfilment of the obligations set out in paragraphs 2 and 3 is justified if caused by:

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

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

Article10a

Article 13 Planting three billion additional trees

Planting of three billion additional trees

1. When identifying and implementing the restoration measures to fulfil the objectives and obligations set out in Articles 4 and 8 to 12, Member States shall aim to contribute to the commitment of planting at least three billion additional trees by 2030 at Union level.

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

2. Member States shall ensure that their contribution to fulfilling the commitment set out in paragraph 1 is achieved in full respect of ecological principles, including by ensuring species diversity 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 that commitment shall aim to increase ecological connectivity and be based on sustainable afforestation, reforestation and tree planting and the increase of urban green space.

2. Member States shall ensure that the objective set out in paragraph 1 is achieved in full respect of ecological principles, ensuring species 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 connectivity and be based on proforestation, sustainable reforestation and the greening of urban areas.

3. Trees planted for harvesting purposes shall not count for the objective set out in paragraph 1. [Am. 80]

CHAPTER III NATIONAL RESTORATION PLANS

Article 1114 Preparation of the national restoration plans

1. Member States shall each prepare a national restoration plansplan and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to contribute tomeet the Unionrestoration targets and meetfulfil the obligations set out in Articles 4 to 10, taking into account the latest scientific evidence, the needs of local13 communities,and includingto urbancontribute ones,to the mostUnion’s cost-effectiveoverarching measuresobjectives and the socio-economic impact of those measures. An appropriate stakeholder involvement, includingtargets landownersset andout landin managers,Article at1, eachtaking stageinto ofaccount the process is necessary.latest [Am.scientific 35]evidence.

2. Member statesStates shall quantify the area that needs to be restored to reachmeet the restoration targets set out in Articles 4 and 55, taking into account the condition of the habitat types referred to in ArticlesArticle 4(1),4(1) 4(2),and (4) and Article 5(1) and 5(2)(2) and the quality and quantity of the habitats of the species referred to in Article 4(3)4(7) and Article 5(3)5(5) ▌.that are present in the ecosystems covered by Article 2. The quantification shall be based, amongstinter others,alia, on the following information:

(a) for each habitat type:

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

(ii) the habitat area that is not in good condition;

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

▌ [Am. 37]

(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;

(b) the sufficient quality and quantity of the habitats of the species required for achievingreaching their favourable conservation status, taking into account the areas most suitable ▌for re-establishment of those habitatsbearinghabitats, and the connectivity needed between them in mindorder changesfor ▌the duespecies populations to climatethrive, changeas andwell theas rolesongoing thatand theprojected landchanges playsto inenvironmental termsconditions ofdue foodto production,climate andchange, the competing needs of the habitats and species;species, [Am.and 38]the presence of high nature value farmland.

(ba) forFor the purpose of quantifying the area of each habitat type that needs to be restored to reachmeet the restoration targets set out in Article 4(1), point (a), and Article 5(1), point (a), the habitat area that is not in good condition referred to in the first subparagraph, point (a)(ii)(a)(ii), of this paragraph shall only include suchthose areas for which the condition of the habitat type is known;known.

(bb) forFor the purpose of quantifying the area of each habitat type that needs to be restored to reachmeet the restoration targets set out in ArticlesArticle 4(1), point (b), and Article 5(1), points (b), (c) and (d), the habitat area that is not in good condition as referred to in the first subparagraph, point (a)(ii)(a)(ii), of this paragraph shall only include suchthose areas for which the condition of the habitat type is known or is to be known pursuant to ArticlesArticle 4(4a)4(9) and 5(4a);Article 5(7).

(bc) feasibility of restoration, cost-effectiveness and conflicting socio-economic interests; [Am. 39]

If a Member State intends to apply the derogation laid down in Article 4(2), that Member State shall identify the percentages referred to in that Article.

(bd) population densities and scarcity of space in the Member State. [Am. 40]

If a Member State intends to apply the derogation laid down in Article 4(5) and Article 5(3), that Member State shall identify the lower percentages chosen pursuant to those Articles.

2a. The financing of funding gaps in relation to the implementation of this Regulation shall be ensured without using any funding from the CAP, the CFP or other agricultural and fisheries funding streams. [Am. 134]

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

2b. 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).

4. Member States shall determine and map urban ecosystem areas as referred to in Article 8 for all their cities and towns and suburbs.

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

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

(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.

Member States may aggregate the urban ecosystem areas of two or more adjacent citiescities, and/oror two or more adjacent towns and suburbssuburbs, or both, into one urban ecosystem area common to those citiescities, and/oror towns and suburbs.suburbs, respectively.

3.5. By 2030, Member States shall set, by 2030 at the latest, satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2), 10(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,assessment based on the latest scientific evidence▌,evidence, the guiding framework referred to in Article 17(9a)20(10) and, if available, the guiding framework referred to in Article 17(9).20(11) satisfactory levels for:

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.

(a) pollinator populations referred to in Article 10(1) and for the indicator referred to in Article 12(2);

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.

(b) each of the chosen indicators referred to in Article 11(2);

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

(c) each of the chosen indicators referred to in Article 12(3);

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:

(d) urban green space referred to in Article 8(2); and

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

(e) urban tree canopy cover referred to in Article 8(3).

6. 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.

7. Each Member State may, by ... [one year from the date of 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 methodologies by ... [one month from the date of entry into force of this Regulation].

8. Member States shall, where applicable, determine the reduction of the extent of the rewetting of peatland under agricultural use, as referred to in Article 11(4), fifth subparagraph.

9. 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:

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

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

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

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.

10. 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.

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

11. The implementation of this Regulation shall not imply an obligation for Member States to reprogramme any funding under the CAP, the CFP or other agricultural and fisheries funding programmes and instruments under the MFF 2021-2027.

12. Member States may promote the deployment of private or public support schemes to the benefit of stakeholders implementing restoration measures referred to in Articles 4 to 12 including land managers and owners, farmers, foresters and fishers.

13. Member States shall coordinate the development of national restoration plans with the mapping of areas that are required in order to fulfil 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 national restoration plans, Member States shall ensure synergies with the build-up of renewable energy and energy infrastructure and any renewables acceleration areas and dedicated infrastructure areas that are already designated and shall ensure that the functioning of those areas, including the permit-granting procedures applicable in those ▌areas provided for 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 permit-granting process, remain unchanged.

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

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

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

(c) measures for achieving good quantitative, ecological and chemical status of water bodies included in the 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 2000/60/EC;2007/60/EC of the European Parliament and of the Council;

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

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

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

(h) CAP strategic plans drawn up in accordance with Regulation (EU) 2021/2115.2021/2115;

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.

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

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.

16. When preparing their national restoration plans, Member States:

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.

(a) may 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;

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.

(b) shall aim to optimise the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities;

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.

(c) may 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.

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 issues and possible measures, with a view to their consideration and possible adoption.

17. 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.

11. Member States shall ensure that the preparation of the restoration plan is open, transparent, inclusive and effective and that the public especially landowners, land managers, maritime stakeholders, and other relevant actors, such as advice and extension services , in compliance with the principle of prior and informed consent, are given early and effective opportunities to participate in the preparation of the plan. Local and regional authorities, as well as relevant management authorities, shall be properly involved in the preparation of the plan. Consultations shall comply with the requirements set out in ▌Directive 2001/42/EC. [Am. 12]

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

Article 12 Content of the national restoration plans

19. 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, providing them with a description of the identified issue and of possible measures, with a view to their consideration and potential adoption.

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 10.

20. 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 preparation. Consultations shall comply with the requirements set out in ▌Directive 2001/42/EC.

1a. By way of derogation from paragraph 1, the national restoration plan to be submitted in accordance with Article 13 and Article 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:

Article 15 Content of the national restoration plan

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

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 13.

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

2. By way of derogation from paragraph 1 of this Article, the national restoration plan to be submitted in accordance with Article 16 and Article 17(6) may, with regard to the period from 1 July 2032, and until reviewed in accordance with Article 19(1), be limited to a strategic overview of the following:

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.

(a) the elements referred to in paragraph 3; and

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:

(b) the contents referred to in paragraphs 4 and 5.

(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.

The revised national restoration plan resulting from the review to be carried out by 30 June 2032 in accordance with Article 19(1) may, with regard to the period from 1 July 2042, and until revised by 30 June 2042 in accordance with Article 19(1), be limited to a strategic overview of the elements and contents referred to in first subparagraph of this paragraph.

(b) a description of the restoration measures planned, or put in place, for achieving the targets and obligations set out in Articles 4 to 10 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;

3. Each Member State shall include the following elements in the national restoration plan, using the uniform format established in accordance with paragraph 7 of this Article:

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

(a) the quantification of the areas to be restored to meet the restoration targets set out in Articles 4 to 12 based on the preparatory work undertaken in accordance with Article 14 and indicative maps of potential areas to be restored;

▌ [Am. 41]

(b) if a Member State applies the derogation laid down in Article 4(5) or Article 5(3), a justification of the reasons why it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area of a specific habitat type and a justification of the lower percentage set pursuant to those Articles, as identified by that Member State;

▌ [Am. 42]

(c) a description of the restoration measures planned, or put in place, to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13 of this Regulation 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;

(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);

(d) a dedicated section setting out the measures for achieving the obligations laid down in Article 4(9) and Article 5(7);

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

(e) if a Member State applies the derogation laid down in Article 4(2) of this Regulation, a justification of how the percentages set in accordance with that Article do 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 reached or maintained at national biogeographical level;

(eb) 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;

(f) 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 Article 4(7) and Article 5(5) do not significantly deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Article 4(11) and Article 5(9);

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

(g) where applicable, a description of how Article 4(13) is applied in its territory, including:

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

(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;

(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 10 are met;

(ii) an explanation of how it will be ensured that the implementation of Article 4(13) does not affect meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5;

(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;

(h) 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(12) and Article 5(10);

(j) the estimated co-benefits for climate change mitigation and land degradation neutrality associated with the restoration measures over time, as well as wider socio-economic benefits of those measures;

(i) the inventory of barriers and the barriers identified for removal in accordance with Article 9(1), the plan for their removal in accordance with Article 9(2) and the length of free-flowing rivers to be achieved by the removal of those barriers estimated from 2020 to 2030 and by 2050, and any other measures to re-establish the natural functions of floodplains in accordance with Article 9(3);

(ja) the estimated socio-economic impact of the implementation of the restoration measures; [Am. 69]

(j) an account of the indicators for agricultural ecosystems chosen in accordance with Article 11(2), and their suitability to demonstrate the enhancement of biodiversity in agricultural ecosystems within the Member State concerned;

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

(k) a justification, where applicable, for rewetting peatland on a lower proportion than as set out in Article 11(4), first subparagraph, points (a), (b) and (c);

(l) an account of the indicators for forest ecosystems chosen in accordance with Article 12(3), and their suitability to demonstrate the enhancement of biodiversity in forest ecosystems within the Member State concerned;

(m) a description of the contribution to the commitment referred to in Article 13;

(n) the timing for putting in place the restoration measures in accordance with Articles 4 to 12;

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

(p) 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 12 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 13 are met and fulfilled, respectively;

(q) an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 12;

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

(s) the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures referred to in Articles 4 to 12;

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

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

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

(l)(u) the estimated financing needs for the implementation of the restoration measures, which shall include thea 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 or co-financing with Union funding instruments;

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

(n)(w) 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;

(o)(x) a dedicated section indicating how observations from the Commission on the draft national restoration plan referred to in Article 14(4)17(4) have been taken into account in accordance with Article 14(5).17(5); Ifif the Member State concerned does not address an observation from the Commission or a substantial part thereof, that Member State shall provide its reasons.

3.4. The national restoration plansplan shall, where applicable, include the conservation and management measures that a Member State intends to adopt under the common fisheries policy,CFP, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013,1380/2013 and referred to in Article 18 of this Regulation, and any relevant information on those measures.

3a.5. The national restoration plansplan shall include an overview of the interplay between the measures included in the national restoration plan and the national strategic plan under the commonCAP agriculturalstrategic policy.plan.

3b.6. Where appropriate, the national restoration plansplan shall include an overview of considerations related to the diversity of situations in various regions as referred to in Article 11(9a).14(16), point (c).

4.7. The Commission shallshall, adoptby implementingmeans actsof toimplementing acts, establish a uniform format for the national restoration plans.plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).24(2). The Commission shall be assisted by the European Environmental Agency (EEA)EEA when drawing up the uniform format. By ...[date… =[date: the first day of the month following 3three months afterfrom 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).24(1).

Article 1316 Submission of the draft national restoration plan

Each Member StatesState shall submit a draft of the national restoration plan referred to in Articles 1114 and 1215 to the Commission by… [OP please insert the dateby =… the[the first day of the month following 24 months afterfrom the date of entry into force of this Regulation].

Article 1417 Assessment of the national restoration plansplan

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

2. When considering the national restoration plan, the Commission shall evaluate its compliance with Article 12, as well as its adequacy for meeting the targets and obligations set out in Articles 4 to 10, as well as the Union’s overarching objectives referred to in Article 1 and the specific objectives referred to in Article 7(1) to restore at least 20 000 km of rivers into free-flowing rivers in the Union by 2035. The Commission shall also consider the socio-economic impact especially on rural areas and the impact of the national restoration plan in particular on agricultural and forestry production in order to ensure that it does not result in production moving outside the Union. [Am. 43]

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

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

(a) its compliance with Article 15;

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

(b) its adequacy for meeting the targets and fulfilling the obligations set out in Articles 4 to 13;

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

(c) its contribution to the Union’s overarching objectives and targets referred to in Article 1, the specific objectives referred to in Article 9(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the commitment under Article 13 of planting at least three billion additional trees in the Union by 2030.

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.

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

Article 14a Implementation of measures to restore marine ecosystems

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

1. Member States whose national restoration plans include conservation measures within the framework of the common fisheries policy that require the submission of joint recommendations shall consult the other Member States that have a direct management interest in accordance with in Articles 11 and 18 of Regulation (EU) No 1380/2013 and shall submit the recommendations jointly with the other Member States having a direct management interest:

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

(a) no later than 12 months after final submission of their national restoration plan for measures relating to Article 5(3);

6. The Member State 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.

(b) no later than 1 January 2028 for the restoration measures that are necessary to guarantee the targets set for 2030;

Article 18 Coordination of restoration measures in marine ecosystems

(c) no later than 1 January 2036 for the restoration measures that are necessary to guarantee the targets set for 2040;

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

(d) no later than 1 January 2046 for the restoration measures that are necessary to guarantee the targets set for 2050.

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 1380/2013, Member States preparing those national restoration plans shall, considering the deadlines provided for in Article 5 of this Regulation, 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 1380/2013 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 of the submission of the joint recommendations.

2.3. The Commission shall facilitate and monitor progress in relationthe tosubmission deadlinesof forjoint recommendations under the measuresCFP. thatMember requireStates theshall submissionsubmit ofthe joint recommendations underon the commonconservation fisheriesmeasures policy.necessary to contribute to meeting the targets set in Article 5 at the latest 18 months before the respective deadline.

3.4. IfIn Memberthe Statesabsence failof joint recommendations referred to submitin theparagraph joint2 recommendationsof asthis setArticle outbefore inthe Regulationrespective (EU)deadline Noreferred 1380/2013to in dueparagraph time,3 theof Commissionthis shallArticle, adoptconcerning theconservation measures nonecessary laterfor thancompliance 12with monthsobligations afterunder theUnion deadlineenvironmental forlegislation thereferred submissionto in Article 11 of theRegulation joint(EU) recommendationNo set1380/2013, bythe paragraphCommission 1may ofmake thisfull Article,use usingof the tools provided for in accordance with Article 11(4) of Regulation (EU)that NoRegulation 1380/2013as inand thewhere absenceappropriate ofunder athe jointconditions recommendation.set [Am.out 15]therein.

Article 1519 Review of the national restoration plansplan

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.

1. Each Member State shall review and revise its national restoration plan, and include supplementary measures, by 30 June 2032 and subsequently by 30 June 2042. At least once every ten years thereafter, each Member State shall review its national restoration plan and, if necessary, revise it and include supplementary measures.

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 10, 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.

The reviews shall be carried out in accordance with Articles 14 and 15, 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 by 30 June 2032 and by 30 June 2042, Member States shall take into account the knowledge on the condition of habitat types listed in Annexes I and II acquired in accordance with Article 4(9) and Article 5(7). Each Member State shall publish and submit to the Commission its revised national restoration plan.

3.2. BasedWhere onmonitoring thecarried informationout referredin toaccordance inwith Article 18(1) and20 (2)indicates andthat the assessmentmeasures referredset toout in Article 18(4) and (5), if the Commission considers that the progress madenational byrestoration aplan Memberwill Statenot isbe insufficientsufficient to comply withmeet the restoration targets and fulfil the obligations set out in Articles 4 to 10, the Commission may, after consultation with13, the Member State concerned,shall requestreview the Member State ▌to submit a revised draft national restoration plan with supplementary measures. That revised national restoration plan with supplementaryand, measuresif shallnecessary, berevise publishedit and submitted within six months from the date of receipt of the request from the Commission. On requestinclude bysupplementary themeasures. Member StateStates concernedshall andpublish whereand dulysubmit justified,to the Commission may extend that deadline withtheir anrevised additionalnational sixrestoration months.plans.

▌ [Ams. 18cp and 44]

3. Based on the information referred to in Article 21(1) and (2) and the assessment referred to in Article 21(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to meet the targets and fulfil the obligations set out in Articles 4 to 13, 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. The Member State shall publish that revised national restoration plan with supplementary measures and submit it to the Commission within six months from the date of receipt of the request from the Commission. Upon request of the Member State concerned and where duly justified, the Commission may extend that deadline by an additional six months.

CHAPTER IV MONITORING AND REPORTING

Article 1720 Monitoring

1. Member States shall monitor the following:

(a) the condition and trend in the condition of the habitat typestypes, and the quality and the trend in the 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),15(3), point (h);(p);

(b) the area of urban green space and urban tree canopy cover within urban ecosystem areasareas, determinedas inreferred accordanceto within 11(2b),Article as8 referredand todetermined in accordance with Article 6;14(4);

(c) theat indicatorsleast two of the biodiversity inindicators for agricultural ecosystems listedchosen by the Member State in Annexaccordance IV;with Article 11(2);

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

(e) the three indicators of biodiversity inindicator for forest ecosystems listedreferred to in Article 10(2);12(2);

(ea) three(f) ofat theleast indicatorssix of the biodiversity inindicators for forest ecosystems listed in Article 10(2a), chosen by the Member State;State in accordance with Article 12(3);

(f)(g) the abundance and diversity of pollinator species, according to the method established in accordance with Article 8(2);10(2);

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

(h)(i) the area and the quality of the habitat of the species referred to in Article 4(3),4(7), and Article 5(3)5(5) ▌.▌;

(j) 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(13), 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 meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5 is not jeopardised.

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

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

4. The monitoring in accordance with paragraph 1, point (f),(g), of this Article shall start one year after the entry into force of the implementingdelegated act referred to in Article 8(2).10(2).

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 paragraph 1, point (c), ▌concerning the stock of organic carbon in cropland mineral soils and the share of agricultural land with high-diversity landscape features, and (e) concerning the standing deadwood and the lying deadwood, and, where applicable, 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 the grassland butterfly index, that paragraph, points (d) and (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 2008/56/EC.

5. The monitoring in accordance with paragraph 1, point (j), of this Article shall start as soon as the notification referred to in Article 4(13) is submitted to the Commission.

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 Articles 10 (2), points (a), (b), and 10(2a), point (c), of this Regulation, are monitored in a manner consistent with the monitoring required under Regulations (EU) 2018/841 and (EU) 2018/1999.

6. 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 paragraph 1, 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 paragraph 1, point (f), concerning, where applicable, the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity, the stock of organic carbon, the share of forest dominated by native tree species and the tree species diversity, shall be carried out at least every six years, or, where necessary to evaluate the achievement of increasing trends to 2030, within a shorter interval. The monitoring in accordance with paragraph 1, point (c), concerning, where applicable, the grassland butterfly index, paragraph 1, point (d), concerning the common farmland bird index and paragraph 1, point (e) concerning the common forest bird index, and paragraph 1, point (g) concerning pollinator species shall be carried out every year. The monitoring in accordance with paragraph 1, points (h) and (i), 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 2008/56/EC. The monitoring in accordance with paragraph 1, point (j), shall be carried out every three years.

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.

7. Member States shall ensure that the indicators for agricultural ecosystems referred to in Article 11(2), point (b), and the indicators for forest ecosystems referred to in Article 12(3), points (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.

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.

8. Member States shall make public the data generated by the monitoring carried out under this Article, in accordance with Directive 2007/2/EC and in accordance with the monitoring frequencies set out in paragraph 6 of this Article.

9. The Commission may adopt implementing acts to:

9. 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.

10. By 31 December 2028, the Commission shall establish a guiding framework for setting the satisfactory levels referred to in Article 8(2) and (3), Article 10(1) and Article 11(2), by means of implementing acts.

11. The Commission may, by means of implementing acts:

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

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

(c) establish a guiding framework for setting the satisfactory levels referred to in ArticlesArticle 10(2)12(2) and 10(2a).(3).

9a.12. ByImplementing 2028,acts thereferred Commissionto shallin adoptparagraphs implementing(10) actsand to(11) establishof athis guidingArticle frameworkshall forbe settingadopted in accordance with the satisfactoryexamination levelsprocedure referred to in Articles 6(2), 6(3), 8(1) andArticle 9(2).24(2).

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

Article 21 Reporting

Article 18 Reporting

1. By 30 June 2028 and at least every three years thereafter, Member States shall report electronically the following data to the Commission:

1. Member States shall electronically report to the Commission the area subject to restoration measures referred to in Articles 4 to 10 and the barriers referred to in Article 7 that have been removed, at least every three years. The first report shall be submitted in June 2028.

(a) the area subject to restoration measures referred to in Articles 4 to 12;

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

(b) the extent of the areas where habitat types and habitats of species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(13);

(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 10;

(c) the barriers referred to in Article 9 that have been removed; and

(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;

(d) their contribution to the commitment referred to in Article 13.

(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;

2. By 30 June 2031, for the period up to 2030, and at least every six years thereafter, Member States shall report electronically the following data and information to the Commission ▌, assisted by the EEA:

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

(a) the progress in implementing the national restoration plan, in putting in place the restoration measures and progress in meeting the targets and fulfilling the obligations set out in Articles 4 to 13;

(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.

(b) information on:

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

(i) the location of the areas where habitat types or habitats of species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(13);

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.

(ii) a description of the effectiveness of the compensatory measures taken under Article 4(13) 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;

4. The EEA shall every three years provide to the Commission ▌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).

(iii) a description of the effectiveness of the compensatory measures taken under Article 4(13) in ensuring that meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5 is not jeopardised.

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.

(c) the results of the monitoring carried out in accordance with Article 20, including, in the case of the results of the monitoring carried out in accordance with Article 20(1), points (h) and (i), geographically referenced maps;

6. The Commission shall, as from [four 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.

(d) the location and extent of the areas subject to restoration measures referred to in Articles 4 and 5, and Article 11(4), including a geographically referenced map of those areas;

6a. Within 12 months of the date of 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:

(e) the updated inventory of barriers referred to in Article 9(1);

(f) information on the progress accomplished towards meeting financing needs, in accordance with Article 15(3), point (u), including a review of actual investment against initial investment assumptions.

3. The Commission shall establish the format, structure and detailed arrangements for the presentation of the information referred to in paragraphs 1 and 2 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). When drawing up the format, structure and detailed arrangements for the electronic reporting, the Commission shall be assisted by the EEA.

4. By 31 December 2028 and every three years thereafter, the EEA shall provide to the Commission a technical overview of the progress towards the achievement of the targets and fulfilment of the 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 20(8).

5. By 30 June 2032 and every six years thereafter, the EEA shall provide to the Commission a Union-wide technical report on the progress towards meeting the targets and fulfilment of the 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. The EEA 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.

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

7. By … [12 months from the date of 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:

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

(b) an assessment of the funding needs to implement Articles 4 to 1013 and to achieve the objective set forthout in Article 1(2);

(c) an analysis to identify any funding gaps in the implementation of the obligations set out in the Regulation, including for the financial compensation of potential losses by landowners and land managers directly due to the implementation of this Regulation;

(d) where appropriate, proposals for adequate additional measures, including financial measures to address the gaps identified, such as the establishment of a dedicated instrumentfunding, and without prejudging the prerogatives of co-legislators for the adoption of the multiannual financial framework post 2027. [Am. 11]

7.8. Member States shall ensure that the information referred to in paragraphs 1 and 2 of this Article 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, Directive2003/4/EC, 2007/2/EC and (EU) 2019/1024 of the Parliament and of the Council.2019/1024.

CHAPTER V DELEGATED POWERS AND COMMITTEEIMPLEMENTING PROCEDUREACTS

Article 1922 Amendment of Annexes

1. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex I in order toby adaptadapting the way the ▌habitathabitat types are grouped to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

2. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex II in order toby adapt:adapting:

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

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

3. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex III in order toby adaptadapting the list of marine species referred to in Article 5 to technical and scientific progress.

4. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex IV, in orderIV toby adaptadapting the description, unit and methodology of biodiversity indicators for agricultural ecosystems to technical and scientific progress.

5. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex V in order toby adaptadapting the list of species used for the common farmland bird index in the Member States to technical and scientific progress.

6. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex VI in order toby adaptadapting the description, unit and methodology of biodiversity indicators for forest ecosystems to technical and scientific progress.

7. The Commission is empowered to adopt delegated acts in accordance with Article 2023 in order to amend Annex VII in order toby adaptadapting 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.

Article 2023 Exercise of the delegation

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

2. The power to adopt delegated acts referred to in Article 1910(2) and Article 22(1) to (7) shall be conferred on the Commission for a period of 5five years from [OP please insert the… date[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.

3. The delegation of power referred to in Article 1910(2) and Article 22(1) to (7) 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.

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.

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

6. A delegatedDelegated actacts adopted pursuant to Article 1910(2) or Article 22(1) to (7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2two 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.

Article 2124 Committee procedure

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

CHAPTER VI FINAL PROVISIONS

Article 21a25 Amendment to Regulation (EU) 2022/869

Article 7(8),In firstArticle subparagraph,7(8) of Regulation (EU) 2022/8692022/869, the first subparagraph is replaced by the following:

“With‘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 ArticlesArticle 4(8)4(14) and (8a)(15) and Article 5(8)5(11) and (8a)(12) of [the proposal forRegulation a(EU) Regulation…/… of the European Parliament and of the Council on nature restoration],Council*+, provided that all the conditions set out in those Directives and that Regulation 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.”interest.’

Article 22 Review

_____________

1. The Commission shall evaluate ▌ this Regulation by 31 December 2030 and every two years thereafter to assess the impact of this Regulation, in particular on the agricultural sector and the supply of safe and secure food, as well as the socio-economic impacts of this Regulation, especially in rural areas. [Am. 45]

* Regulation (EU) …/… of … on nature restoration and amending Regulation (EU) 2022/869 (OJ L , , p. ).”.

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. [Am. 17]

Article 26 Review

Article 22a

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

Postponement of targets under this Regulation in the event of exceptional socioeconomic consequences

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

1. By … [1 year after the date of entry into force of this Regulation] and every year thereafter, the Commission shall publish a notice in the Official Journal of the European Union concerning whether one or more of the following conditions apply:

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 referred to in paragraph 1 of this Article, and the most recent scientific evidence.

(a) the permitting procedures in one or more Member States fall behind due to constraints from Union nature legislation regarding the following fields:

Article 27

(i) building and transforming of houses, in particular the social housing sector;

Temporary suspension

(ii) rollout of renewable energy projects in relation to achieving the objectives laid down in Regulation (EU) 2021/1119 [European Climate Law];

1. If an unforeseeable, exceptional and unprovoked event has occurred that is outside the control of the Union, with severe Union-wide consequences for the availability of land required to secure sufficient agricultural production for Union 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 11 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 24(2).

(b) the average food price has gone up by 10% over the period of 1 year;

2. Implementing acts adopted under paragraph 1 shall remain in force for a period not exceeding 12 months. If after that period the specific problems referred to in paragraph 1 persist, the Commission may submit an appropriate legislative proposal to renew that period.

(c) the total production of food in the Union has reduced by 5% over a period of 1 year.

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.

2. Where one or more of the conditions referred to in paragraph 1 apply, the targets under this Regulation shall be postponed until all the conditions referred to in that paragraph no longer apply. [Am. 131]

Article 28

Article 23 Entry into force

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

It shall apply from the date where the Commission has provided robust and scientific data to the European Parliament and to the Council on the necessary conditions to guarantee long term food security, thereby respecting the need of arable land under conventional and ecological agriculture, the impact of nature restoration on food production, food availability and food prices. The Commission shall publish a notice in the Official Journal of the European Union indicating the date from which this Regulation applies. [Am. 135]

It shall apply from the date where the condition set out in Article 11(2a) is met. The Commission shall publish a notice in the Official Journal of the European Union indicating the date from which this Regulation applies. [Am. 136]

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

Done at Brussels,…,

For the European Parliament For the Council

The President The President

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

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

1. GROUP 1: Wetlands (coastal & inland)

6. GROUP 6: Rocky and dune habitats

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

ANNEX II

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.

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

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.

The list below includes the marine habitat types referred to in Article 5(1) and (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 (not deeper than 1 000 metres of depth). The relation with the habitat types listed in Annex I to Directive 92/43/EEC is also presented.

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 EEA. The information on the related habitats listed in Annex I to Directive 92/43/EEC is based on the crosswalk published by the EEA in 2021.

1. Group 1: Seagrass beds

6. Group 6: Vents and seeps

7. Group 7: Soft sediments (above(not 1000deeper metersthan 1 000 metres of depth)

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

▌

(1) dwarf sawfish (Pristis clavata);

(2) dwarfsmalltooth sawfish (Pristis clavata);pectinata);

(3) smalltoothlargetooth sawfish (Pristis pectinata);pristis);

(4) largetooth sawfish (Pristis pristis);

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

▌

(5) smooth lantern shark (Etmopterus pusillus);

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

(6) reef manta ray (Mobula alfredi);

(7) smooth lantern shark (Etmopterus pusillus);

(7) giant manta ray (Mobula birostris);

(8) reef manta ray (Manta alfredi);

(8) devil fish (Mobula mobular);

(9) giant manta ray (Manta birostris);

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

(10) devilspinetail fishmobula (Mobula mobular);japanica);

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

(11) smoothtail mobula (Mobula thurstoni);

(12) spinetaillonghorned mobula (Mobula japanica);eregoodootenkee);

(13) smoothtailChilean mobuladevil ray (Mobula thurstoni);tarapacana);

(14) longhornedshortfin mobuladevil ray (Mobula eregoodootenkee);kuhlii);

▌

(15) lesser devil ray (Mobula hypostoma);

(16) Chilean devil ray (Mobula tarapacana);

(16) Norwegian skate (Dipturus nidarosiensis);

(17) shortfin devil ray (Mobula kuhlii);

(17) white skate (Rostroraja alba);

(18) lesser devil ray (Mobula hypostoma);

(18) guitarfishes (Rhinobatidae);

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

(19) angel shark (Squatina squatina);

(20) white skate (Raja alba);

(20) salmon (Salmo salar);

(21) guitarfishes (Rhinobatidae);

(21) sea trout (Salmo trutta);

(22) angel shark (Squatina squatina);

(22) houting (Coregonus oxyrhynchus).

(23) salmon (Salmo salar);

ANNEX IV LIST OF BIODIVERSITY INDICATORS FOR AGRICULTURAL ECOSYSTEMS REFERRED TO IN ARTICLE 11(2)

(24) sea trout (Salmo trutta);

(25) houting (Coregonus oxyrhynchus).

▌ [Am. 47]

ANNEX V COMMON FARMLAND BIRD INDEX AT NATIONAL LEVEL

Description

The Farmlandcommon Birdfarmland Indexbird (FBI)index 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 FBIcommon farmland bird index 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. TheThat index is based on specially selected species that are dependent on farmland habitats for feeding andor nesting, or nesting.both. National common farmland bird indices are based on species sets that are relevant to each Member State. The national common farmland bird 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‘Member States with historically more depleted populations of farmland birds”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,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:

Denmark

Germany

Estonia

Finland

Spain

France

Germany

Hungary

Italy

Luxembourg

Hungary

Netherlands

Spain

Finland

“Member‘Member States with historically less depleted populations of farmland birds”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

Ireland

Greece

Croatia

Cyprus

Greece

Ireland

Latvia

Malta

Austria

Poland

Romania

Slovakia

Slovenia

Slovakia

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)12(2) AND 10(2a)12(3)

ANNEX VII

LIST OF EXAMPLES OF RESTORATION MEASURES REFERRED TO IN ARTICLE 11(8)14(16)

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

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

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

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

(8) Restore natural sedimentation processes.

(9) Establish riparian buffers, e.g.such as 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 ofof, e.g.for example, species composition and age, enable natural regeneration and succession of tree species.

(11a)(12) Assist migration of provenances and species where it may be needed due to climate change.

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

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

(14)(15) Enhance the development of old-growth native forests and mature standsstands, (e.g.for example, by abandonment of harvesting or by active mangagementmanagement which favours development of autoregulatory functions and appropriate resilience).resilience.

(15)(16) 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)(17) 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)(18) 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)(19) Stop or reduce the use of chemical pesticides as well as chemical and animal manure fertilizers.fertilisers.

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

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

(21)(22) 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)(23) Allow ecosystems to develop their own natural dynamics for example by abandoning harvesting and promoting naturalness,naturalness and wilderness.

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

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

(25)(26) Restore important fish spawning and nursery areas.

(26)(27) Provide structures or substrates to encourage the return of marine life,life forin examplesupport coral/oyster/boulderof the restoration of coral, oyster or boulder reefs.

(27)(28) 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)(29) Restore or improve the state of characteristic native spiciesspecies population vital to the ecology of marine habitats by conducting passive or active restoration measures, e.g.for example, introducing juveniles.

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

(29)(31) 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 considerationconsideration, inter aliaalia, species diversity, native species, local conditions and resilience to climate change.

(30)(32) 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)(33) Convert brownfield sites, former industrial areas and quarries into natural sites.

ANNEX TO THE LEGISLATIVE RESOLUTION

Commission statement on access to justice on the occasion of the adoption of Regulation 2024/...+ of the European Parliament and of the Council on nature restoration and amending Regulation (EU) 2022/869

The EU and its 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 of 25 June 1998 (the ‘Aarhus Convention’).

Member States should ensure that members of the public concerned, who have a sufficient interest or that maintain the impairment of a right in accordance with national law, have access to a review procedure before a court of law, or an independent and impartial body established by law, to challenge the substantive or procedural legality of the national restoration plans and any failures to act of the competent authorities, regardless of the role members of the public concerned have played during the process for preparing and establishing such national restoration plans. This shall be in line with the relevant case law of the Court of Justice of the European Union related to access to justice in environmental matters and in full respect of the obligations Member States have undertaken as parties to the Aarhus Convention.