Changes from report parliamentary committee draft to plenary report

RemovedRecital 70 a (new): (70a) Notwithstanding the current expenditure under the Union budget and Union financing programmes, in view of the revision of the multiannual financial framework and the preparation of a multiannual financial framework for the next programming period, and in view of facilitating the implementation of this Regulation, the Commission should assess new budgetary options such as the reallocation of funds and the establishment of a permanent dedicated nature restoration fund.

RemovedRecital 72: (72) Broad public and stakeholder support for and ownership of restoration measures are necessary conditions to ensure the successful implementation of this Regulation. Member States should therefore promote a fair, open, transparent, inclusive, effective and cross-society approach in the preparation, review 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. Member States should also actively promote awareness of the importance of biodiversity and nature restoration and engage with young people through programmes and concrete projects and through education and general information.

RemovedRecital 73: (73) Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council106 , 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 added to that list 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.

RemovedRecital 74: (74) In line with the commitment in the 8th Environment Action Programme to 2030107 , Member States should phase out environmentally harmful subsidies at national level and make the best use of environmental taxation, 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 and applying standardised natural capital accounting practices .

RemovedAmendment in line with the text of the Decision on 8th Environmental Action Plan.

RemovedRecital 75: (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 group of habitats, to update the information on 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 list of marine species to the latest scientific evidence and the examples of restoration measures. In addition, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV and the indicators for forest ecosystems listed in Annex VI, and to develop a framework for setting the satisfactory levels of pollinators, the satisfactory levels of indicators for agricultural ecosystems listed in Annex IV and the satisfactory levels of indicators for forest ecosystems listed in Annex VI. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of deleg…

RemovedRecital 76: (76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to 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, to establish a method to provide Member States with a standardised format to identify and assess barriers, and to specify the conduct and methods of the monitoring referred to in this Regulation. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council 108 .

RemovedRecital 77: (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 and corresponding timelines, 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.

RemovedRecital 78 a (new): (78a) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular Article 37 thereof which seeks to promote the integration into the policies of the Union of a high level of environmental protection and the improvement of the quality of the environment in accordance with the principle of sustainable development.

RemovedArticle 1 – title: Subject matter and overarching Union objectives

RemovedThe Commission's proposal contains overarching objectives to 2030 and 2050 but without explicitly calling it that way. While stating that the proposal sets binding restoration targets and obligations across a broad range of ecosystems to achieve the 2030 objective it does not provide for a process by which this overarching objective would be taken into account by Member States and subsequently monitored. It is important to link it in a legally sound manner with the rest of provisions of this Regulation which is why it is proposed to refer to it in subsequent relevant articles.

RemovedArticle 1 – paragraph 1: deleted / (deleted) / (deleted) / (deleted)

RemovedTo make this Article more coherent and to follow the structure of other pieces of legislation, paragraph 1 becomes paragraph 2 and paragraph 2 becomes paragraph 1.

RemovedArticle 1 – paragraph 1 a (new): 1a. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which shall cover, by 2030, at least 30 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.

RemovedTo make this Article more coherent and to follow the structure of other pieces of legislation, paragraph 1 becomes paragraph 2 and paragraph 2 becomes paragraph 1. To align the overarching objective to 2030 with the European Parliament position as set out in the report on the EU Biodiversity Strategy for 2030, the rapporteur increases it to 30%.

RemovedArticle 1 – paragraph 2: 2. For that purpose, this Regulation lays down rules which contribute to: / (a) the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystems, their natural ecological processes and their ecological connectivity; / (b) achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptation; / (c) meeting the Union’s international commitments.

RemovedTo make this Article more coherent and to follow the structure of other pieces of legislation, paragraph 1 becomes paragraph 2 and paragraph 2 becomes paragraph 1.

RemovedArticle 1 – paragraph 2 a (new): 2a. The overarching Union objectives for ecosystems restoration set out in paragraph 1 shall be taken into account in all policies and measures with a likely impact on achieving them.

RemovedArticle 3 – paragraph 1 – point 3 a (new): (3a) ‘passive restoration’ means a holistic process which allows the long-term natural recovery or re-establishment of whole ecosystems with their underlying ecological processes, where natural processes are left undisturbed from pressure and threats to the area’s overall ecological structure and functioning;

RemovedArticle 3 – paragraph 1 – point 13: (13) ‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs; sparsely vegetated areas; green roofs and green walls - as 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 Council110 ;

RemovedArticle 3 – paragraph 1 – point 15 a (new): (15a) ‘restoration of the natural connectivity of rivers and natural functions of the related floodplains’ means: / (i) the removal of artificial structures affecting the free-flowing character of water, sediment, nutrients, matter and organisms along river systems; / (ii) the rehabilitation of hydrological, morphological and biological connectivity between wetlands, floodplains and their river channels; and / (iii) the recovery of fluvial processes in general, which are necessary to support a healthy freshwater ecosystem.

RemovedA definition of this term which is used in Article 7 of the Regulation is necessary to provide clarity. The proposed definition is based on the EU Guidance on barrier removal for river restoration published in December 2021, which states that “the Commission considers that the concept of free-flowing rivers – to be achieved through barrier removal and the restoration of floodplains and wetlands – translates into a complete absence of artificial barriers and the reinstatement of the natural, multidimensional connectivity of a river” (page 14).

RemovedArticle 3 – paragraph 1 – point 15 b (new): (15b) ‘rewetting’ means all deliberate actions that aim to bring the water table of a drained peatland, i.e the position relative to the surface, back to that of the original, peatforming peatland’.

RemovedThe definition has been extracted from the Ramsar Convention’s “Global guidelines for peatland rewetting and restoration”.

RemovedArticle 4 – paragraph 1: 1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 65 % by 2040, and on 100 % by 2050.

RemovedThe 90% is the minimum to reach good condition, according to the document ‘Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018’. A higher target of 100% can therefore be set up.

RemovedArticle 4 – paragraph 3: 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 diadromous species listed in Annex III to this Regulation and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are 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.

RemovedAmendment linked to amendments to Annex III.

RemovedArticle 4 – paragraph 5: 5. When deciding on and implementing the restoration measures referred to in paragraphs 1 and 2, Member States shall ensure improved connectivity between existing protected areas and the 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. If necessary, Member States shall adopt appropriate and effective complementary measures.

RemovedIn addition to the restoration measures adopted under Articles 4(1), 4(2) and 4(3), measures enhancing connectivity among restoration areas, and also between restoration areas and other protected areas, including Natura 2000, should be envisaged. This will increase the effectiveness of the measures adopted, contribute to the non-deterioration of restored areas, to meeting climate adaptation objectives, and is in line with relevant provisions of the Habitats Directive. The initial formulation should be strengthened to establish a clear obligation to improve connectivity.

RemovedArticle 4 – paragraph 6: 6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall adopt appropriate and effective measures 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 deteriorate, fully respecting their ecological requirements.

RemovedMember States’ significant financial investments in restoration will only bear returns (in both economic terms and in the form of ecosystem services), if restored areas remain in good condition over a prolonged period of time, without degrading again. The choice of what measures should be adopted to comply with this obligation should be science-based. By doing so, Member States can - in parallel- also contribute their fair share to the EU Biodiversity Strategy’s Union-wide target of a total of 30% protected areas on land and at sea, 10% of which shall be strictly protected.

RemovedArticle 4 – paragraph 8 – introductory part: 8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 may only be justified if Member States provide compelling evidence that it is caused by:

RemovedThe potential use of the derogation set out in this paragraph should be made clearer.

RemovedArticle 4 – paragraph 8 – point a: (a) force majeure causing natural disasters;

RemovedThe potential use of the derogations set out in this paragraph should be made clearer.

RemovedArticle 4 – paragraph 8 – point b: (b) unavoidable habitat transformations which are directly caused by scientifically proven impacts of climate change, provided that the Member State concerned adopted adequate mitigation measures; or

RemovedThis derogation is too open-ended, since habitat deterioration is one of the most usual effects of climate change and it is often exacerbated by insufficient collective climate change mitigation efforts, making it extremely difficult to establish whether the transformation is “unavoidable” or not.

RemovedArticle 4 – paragraph 8 – point c: (c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, provided that the Member State concerned has adopted adequate compensatory measures.

RemovedThis amendment follows the wording of Article 6(4) of Directive 92/43/EEC.

RemovedArticle 4 – paragraph 8 – subparagraph 1 a (new): Areas for which the derogations referred to in this paragraph are used shall not count towards the fulfilment of the objectives set in paragraphs 1, 2 and 3 of this Article. The use of any of those derogations shall entail the updating of the quantification of the areas to be restored under Article 12(2), point (a), and in accordance with Article 15.

RemovedArticle 4 – paragraph 9: 9. For Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7, may only be justified if it is caused by a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC, for a maximum of 5% of the areas covered by the targets in Article 4(1), (2) and (3). / (deleted) / (deleted) / (deleted)

RemovedThe Habitats Directive, and notably its Article 6(4), already provides which exemptions may apply inside Natura 2000 areas. Any attempt at expanding the list of derogations to the Member States’ obligations deriving from Article 6 of the Habitats Directive should be removed. Invoking this derogation should also be limited to a certain percentage of the Natura 2000 areas.

RemovedArticle 4 – paragraph 9 – subparagraph 1 a (new): Areas for which the derogation referred to in this paragraph is used shall not count towards the fulfilment of the objectives set in paragraphs 1, 2 and 3 of this Article. The use of this derogation shall entail the updating of the quantification of the areas to be restored under Article 12(2), point (a), and in accordance with Article 15, and the returning of any public funds received for the restoration measures.

RemovedThe areas that are in fact not covered by restoration measures should not count towards the achievement of the target. If public funding was received, but at the end no restoration measure was effectively taken, funding should be returned.

RemovedArticle 4 – paragraph 10 – point a: (a) an increase of habitat area in good condition for habitat types listed in Annex I until 100 % by 2050 is in good condition and until the favourable reference area for each habitat type in each biogeographic region of their territory is reached;

RemovedArticle 4 – paragraph 10 – point b: (b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the diadromous species listed in Annex III, of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC;

RemovedArticle 4 – paragraph 10 – point b a (new): (ba) an increased connectivity between the existing protected areas and between habitat types listed in Annex I.

RemovedArticle 5 – paragraph 1: 1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30 % of the area of each group of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 65 % by 2040, and on 100 % by 2050.

RemovedThe 90% is the minimum to reach good condition, according to the document ‘Reporting under Article 17 of the Habitats Directive: Explanatory notes and guidelines for the period 2013-2018’. A higher target of 100% can therefore be set up. The Annex II scope for marine habitats is limited to a few marine habitats types, which only cover a small proportion of Union seas (4.5%). The degraded portion of these habitats represents less than 4% of the Union sea area (3.78%, data from the impact assessment) and represents only a small portion of the overarching restoration objective in Article 1.

RemovedArticle 5 – paragraph 5: 5. When deciding on and implementing the restoration measures referred to in paragraphs 1 and 2, Member States shall ensure improved connectivity between existing protected areas and the connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types. If necessary, Member States shall adopt appropriate and effective complementary measures.

RemovedIn addition to the restoration measures adopted under Articles 4(1), 4(2) and 4(3), measures enhancing connectivity among restoration areas, and also between restoration areas and other protected areas, including Natura 2000, should be envisaged. This will increase the effectiveness of the measures adopted, contribute to the non-deterioration of restored areas, to meeting climate adaptation objectives, and is in line with relevant provisions of the Habitats Directive. The initial formulation should be strengthened to establish a clear obligation to improve connectivity.

RemovedArticle 5 – paragraph 6: 6. Member States shall 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 adopt appropriate and effective measures 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 deteriorate, fully respecting their ecological requirements.

RemovedMember States’ significant financial investments in restoration will only bear returns (in both economic terms and in the form of ecosystem services), if restored areas remain in good condition over a prolonged period of time, without degrading again. The choice of what measures should be adopted to comply with this obligation should be science-based. By doing so, Member States can - in parallel- also contribute their fair share to the EU Biodiversity Strategy’s Union-wide target of a total of 30% protected areas on land and at sea, 10% of which shall be strictly protected.

RemovedArticle 5 – paragraph 8 – introductory part: 8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 may only be justified if Member States provide compelling evidence that caused by:

RemovedThe potential use of the derogations set out in this paragraph should be made clearer.

RemovedArticle 5 – paragraph 8 – point a: (a) force majeure causing natural disasters;

RemovedArticle 5 – paragraph 8 – point b: (b) unavoidable habitat transformations which are directly caused by scientifically proven impacts of climate change, provided that the Member State concerned adopted adequate mitigation measures; or

RemovedThis derogation is too open-ended, since habitat deterioration is one of the most usual effects of climate change and it is often exacerbated by insufficient collective climate change mitigation efforts, making it extremely difficult to establish whether the transformation is “unavoidable” or not.

RemovedArticle 5 – paragraph 8 – point c: (c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis, provided that the Member State concerned has adopted adequate compensatory measures.