Changes from report parliamentary committee draft to plenary report

RemovedArticle 5 – 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 these 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 5 – paragraph 9 – introductory part: 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 5(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 5 – 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 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 5 – paragraph 10 – point a: (a) an increase of habitat area in good condition for habitat types listed in Annex II 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 5 – paragraph 10 – point b a (new): (ba) an increased connectivity between the existing protected areas and between habitat types listed in Annex II.

RemovedArticle 6 – paragraph 2 – introductory part: 2. Member States shall ensure that there is an increase in the total national area of urban green space in cities and in towns and suburbs of at least 4 % of the total area of cities and of towns and suburbs in 2021, by 2040, and at least 6 % by 2050. In addition Member States shall ensure:

RemovedLinked to the increase of the objective in point (a) of this paragraph.

RemovedArticle 6 – paragraph 2 – point a: (a) a minimum of 15 % urban tree canopy cover in all cities and in towns and suburbs by 2050; and

RemovedThe mean urban tree cover in European cities was in 2018 28.5% (EEA39), 30.2% (EEA38) of the city area and 34.7% (EEA39), 35.8% (EEA38) of the Functional Urban Area.https://www.eea.europa.eu/data-and-maps/dashboards/urban-tree-coverhttps://www.eea.europa.eu/highlights/how-green-are-european-cities

RemovedArticle 7 – paragraph 1: 1. Member States shall make an inventory of barriers to longitudinal, lateral, vertical and temporal connectivity of surface waters and 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 to the achievement of the Union objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030.

RemovedIn order to provide a sound basis for action, the inventory of barriers needs to include all the dimensions of connectivity. Regarding the deleted provisions, there is no need to mention them as they continue to apply.

RemovedArticle 7 – paragraph 2: 2. Member States shall remove the barriers to longitudinal, lateral, vertical and temporal connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (e). 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 or other uses, and barriers whose removal has a high ecological impact, including impact on connectivity between marine and freshwater ecosystems and on migration corridors.

RemovedArticle 7 – paragraph 3 a (new): 3a. The Commission may, in order to facilitate the fulfilment of the obligation referred to in paragraph 1, adopt implementing acts to establish a method to provide Member States with a standardised format to identify and assess barriers. / Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 21(2).

RemovedThere are different barrier assessment protocols in Europe, the SNIFFER, ICE and ICF protocols being the most well developed. Results in the identification and assessment of barriers can vary depending on the protocol used. It is desirable to have a harmonized procedure.https://amber.international/wp-content/uploads/2020/12/D1.1-Guidance-on-Stream-Barrier-Surveying-and-Reporting.pdf

RemovedArticle 7 – paragraph 3 b (new): 3b. Member States shall map out small water units by 2030, with a view to identifying their restoration and recreation potential and assessing their contribution to improving connectivity between habitats. On the basis of the information collected and reported by Member States, the Commission shall assess the situation of small water units in the Union in order to set restoration targets for small water units, with the aim for Member States to implement restoration actions after 2030.

RemovedSmall water units are already covered by the impact assessment.

RemovedArticle 8 – paragraph 2: 2. The Commission is empowered to adopt, by [3 months after the entry into force of this Regulation], delegated acts in accordance with Article 20 to establish a method for monitoring pollinator populations.

RemovedThere is some work already done on this subject. JRC proposal on this method: https://publications.jrc.ec.europa.eu/repository/handle/JRC122225

RemovedArticle 8 – paragraph 3: 3. The method referred to in the paragraph 2 shall provide guidance on the definition of satisfactory levels for pollinator populations and a standardised approach for collecting annual data on the abundance and diversity of pollinator species, for assessing pollinator population trends and the effectiveness of restoration measures adopted by Member States in accordance with paragraph 1.

RemovedArticle 9 – paragraph 2 – point c: (c) share of agricultural land with high-diversity landscape features, with the view to achieving the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features;

RemovedArticle 9 – paragraph 2 – point c a (new): (ca) percentage of species and habitats listed in the annexes to Directive 92/43/EEC related to agricultural ecosystems with stable or increasing trends of their conservation status, until 100% is reached at the latest by 2050.

RemovedArticle 9 – paragraph 3 – point b: (b) 105 by 2030, 110 by 2040 and 115 by 2050, for Member States listed in Annex V with historically less depleted populations of farmland birds.

RemovedArticle 9 – paragraph 4 – subparagraph 1 – point a: (a) 30 % of such areas by 2030, of which at least half shall be rewetted;

RemovedThe rewetting is the most effective restoration measure, and should be increased.

RemovedArticle 9 – paragraph 4 – subparagraph 1 – point b: (b) 50 % of such areas by 2040, of which at least two thirds shall be rewetted;

RemovedThe rewetting is the most effective restoration measure, and should be increased.

RemovedArticle 9 – paragraph 4 – subparagraph 1 – point c: (c) 70 % of such areas by 2050, of which at least two thirds shall be rewetted

RemovedThe rewetting is the most effective restoration measure, and should be increased.

RemovedArticle 10 – paragraph 1: 1. Member States shall put in place the restoration measures necessary to enhance biodiversity, the natural processes, the ecological integrity and the resilience of forest ecosystems, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (2) and (3).

RemovedIt is important to highlight that it is not only about biodiversity but also their ecological integrity and, with it, their performance for climate change mitigation and adaptation, fire prevention, and other ecosystem services that good-quality forests provide.

RemovedArticle 10 – paragraph 2 – point f a (new): (fa) native tree species composition.

RemovedArticle 10 a (new): Article 10a / Planting of three billion additional trees / 1. When identifying and implementing the restoration measures to meet the objectives and obligations set out in Articles 4, 6 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 the objective set out in paragraph 1 is achieved in full respect of ecological principles, ensuring species diversity, prioritising native tree species and avoiding the use of non-native species.

RemovedArticle 10 b (new): Article 10b / Preservation of the effects of restoration measures / 1. Member States shall ensure the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, in accordance with Article 12(2), point (i), through effective means, including, when applicable, by the designation of protected areas, by the implementation of other effective area-based conservation measures, or by promoting private land conservation measures, taking into account the ecological requirements of the restored areas. / 2. When restoration measures apply to primary and old-growth forests, Member States shall strictly protect them.

RemovedAccording to Art 12(2)(i), Member States will include in their Restoration Plans a list of measures ensuring the continued, long-term and sustained effects of the restoration measures adopted to deliver the targets listed in Articles 4 to 10a.Otherwise, Member States risk reversing all the positive outcomes deriving from their restoration activities which would mean both failure to secure the provision of the desired ecosystem services, but also a significant waste of the financial resources invested in such activities.

RemovedArticle 11 – paragraph 1: 1. Member States shall prepare national restoration plans and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the targets and obligations set out in Articles 4 to 10a as well as the Union’s overarching objectives set out in Article 1, taking into account the latest scientific evidence.

RemovedArticle 11 – paragraph 2 a (new): 2a. For the restoration measures required under Article 5, Member States shall communicate the information referred to in Article 11(2) of this Regulation and any information relevant and sufficient for the purpose of Article 11(3) of Regulation (EU) No 1380/2013 to Member States having a direct management interest in the fishery that would be affected by such measures by the first day of the month following 12 months after the date of entry into force of this Regulation.

RemovedAccording to the Court of Auditors' "Special Report 26/2020: Marine environment: EU protection is wide but not deep", the joint recommendation procedure of Article 11 of the CFP has been poorly implemented and largely failed to meet its objectives. In this framework, some safeguards (deadlines) are added when coming to the restoration measures under this regulation.

RemovedArticle 11 – paragraph 3: 3. Member States shall set satisfactory levels for each of the indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and effective process and assessment, based on the latest scientific evidence and the framework referred to in Article 17(9), point (c). Member States shall set the satisfactory levels within two years of the adoption of that framework.

RemovedArticle 11 – paragraph 4: 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 in terms of biodiversity.

RemovedArticle 11 – paragraph 5 – introductory part: 5. Member States shall identify synergies with climate change mitigation, climate change adaptation and disaster prevention and prioritise restoration measures accordingly, including the restoration of lands burned by forest fires and of ecosystems devastated by other natural phenomena. Member States shall also take into account:

RemovedArticle 11 – paragraph 6: 6. Member States shall coordinate the development of national restoration plans with the designation of the renewables go-to areas, ensuring that both processes are mutually supportive and do not undermine the achievement of their respective objectives. During the preparation of the nature restoration plans, Member States shall ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged. Likewise, when designating new renewables go-to areas, Member States shall ensure synergies with the national restoration plans.

RemovedArticle 11 – paragraph 7 – introductory part: 7. When preparing their national restoration plans, Member States shall ensure coherence with the following measures and instruments:

RemovedArticle 11 – paragraph 7 – point a: (a) the conservation measures established for Natura 2000 sites in accordance with Directive 92/43/EEC and Directive 2009/147/EC;

RemovedThe Natura 2000 sites are established both in accordance with the Habitats Directive (Directive 92/43/EEC) as well as the Birds Directive (Directive 2009/147/EC). Consequently, both directives should be mentioned here.

RemovedArticle 11 – paragraph 7 – point a a (new): (aa) the protection measures of the species of birds adopted in accordance with Directive 2009/147/EC;

RemovedArticle 11 – paragraph 7 – point d: (d) marine strategies and measures for achieving good environmental status for all Union marine regions adopted in accordance with Directive 2008/56/EC;

RemovedArticle 11 – paragraph 7 – point f a (new): (fa) marine spatial plans adopted under Directive 2014/89/EU;

RemovedArticle 11 – paragraph 7 – point f b (new): (fb) flood risk management plans in accordance with Directive 2007/60/EC;

RemovedArticle 11 – paragraph 8: 8. Member States shall, when preparing the national restoration plans, make use of the different examples of restoration measures listed in Annex VII, depending on specific national, regional and local conditions, and the latest scientific evidence.

RemovedArticle 11 – paragraph 10: 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. In the case of marine ecosystems, Member States shall take into account the processes set out in Directive 2014/89/EU.

RemovedSeas are cross-border. The Maritime Spatial Planning process would be an appropriate instrument already in place to find synergies between Member States.

RemovedArticle 11 – paragraph 11: 11. Member States shall ensure that the preparation of the restoration plan is open, transparent, inclusive and effective and that the public is given early and effective opportunities to participate in its elaboration. Consultations shall comply with the requirements set out in Articles 4 to 10 of Directive 2001/42/EC.

RemovedArticle 12 – paragraph 1: 1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 10a as well as the Union’s overarching objectives referred to in Article 1.

RemovedArticle 12 – paragraph 2 – point a: (a) the quantification of the areas to be restored to reach the restoration targets set out in Articles 4 to10a based on the preparatory work undertaken in accordance with Article 11 and geographically referenced maps of those areas;

RemovedArticle 12 – paragraph 2 – point b: (b) a description of the restoration measures planned, or put in place, for achieving the targets and obligations set out in Articles 4 to 10a and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC and a description of how these measures complement measures adopted in accordance with Article 6 of Directive 92/43/EEC;

RemovedArticle 12 – paragraph 2 – point c: (c) a description of the measures to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Articles 4(3) and 5(3) do not deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Articles 4(6) and 5(6);

RemovedArticle 12 – paragraph 2 – point c a (new): (ca) a description, when necessary, of the restoration measures to ensure improved connectivity between existing protected areas and connectivity between the habitat types listed in Annex I and II, in accordance with Articles 4(5) and 5(5) .

RemovedArticle 12 – paragraph 2 – point d: (d) a description of the measures to ensure that the areas covered by habitat types listed in Annexes I and II do not deteriorate, in accordance with Article 4(7) and Article 5(7);