Changes from report parliamentary committee draft to plenary report

RemovedArticle 12 – paragraph 2 – point e: (e) the inventory of barriers and the barriers identified for removal in accordance with Article 7(1), indicating their location, type and characteristics, the plan for their removal in accordance with Article 7(2) and an estimate of the length of free-flowing rivers to be achieved by the removal of those barriers by 2030 and by 2050, and any other measures to re-establish the natural functions of floodplains in accordance with Article 7(3);

RemovedArticle 12 – paragraph 2 – point f: (f) the timing for putting in place the restoration measures in accordance with Articles 4 to 10a;

RemovedArticle 12 – paragraph 2 – point h: (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 10a and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 10a are met;

RemovedArticle 12 – paragraph 2 – point i: (i) a description of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 10a, including, when applicable, the designation of protected areas and strict protected areas, the implementation of other effective area-based conservation measures, and the promotion of private land conservation measures;

RemovedArticle 12 – paragraph 2 – point k – point i: (i) the climate change scenarios for the planning of the type and location of restoration measures;

RemovedArticle 12 – paragraph 2 – point k – point iii: (iii) the national adaptation strategies or plans and national disaster risk assessment reports, including forest fire prevention and management;

RemovedArticle 12 – paragraph 2 – point l: (l) the estimated financing needs for the implementation of the restoration measures, which shall include the estimated staff capacity for the implementation, monitoring and management of restoration measures, the description of the support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including (co-) financing with Union funding instruments;

RemovedA decisive factor for the successful implementation of restoration plans is the identification of staffing needs (both in terms of number and in terms of capacities/expertise). The same applies to adequate staff capacity for ensuring the long-term, continuous and sustained maintenance of restoration outcomes and the monitoring of progress.

RemovedArticle 12 – paragraph 2 – point m: (m) a description of the subsidies which negatively affect the achievement of the targets and the fulfilment of the obligations set out in this Regulation;

RemovedArticle 12 – paragraph 2 – point o: (o) a dedicated section indicating how recommendations from the Commission on the draft national restoration plan referred to in Article 14(4) have been taken into account in accordance with Article 14(5). If the Member State concerned does not address a recommendation from the Commission or a substantial part thereof, that Member State shall provide its reasons.

RemovedArticle 12 – paragraph 2 – point o a (new): (oa) when applicable, the detailed reasons to invoke Articles 4(8), 4(9), 5(8) and 5(9), with an indication of the planned or implemented mitigation measures.

RemovedArticle 12 – paragraph 2 – point o b (new): (ob) a description of the contribution of the restoration measures to the Union’s overarching objectives referred to in Article 1;

RemovedArticle 12 – paragraph 3: 3. The national restoration plans shall, where applicable, include the conservation measures submitted under the common fisheries policy, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013, and any relevant information on those measures.

RemovedArticle 12 – paragraph 3 a (new): 3a. Where no joint recommendations have been submitted within six months of the provision of sufficient information as provided for in Article 11(3) of Regulation (EU) No 1380/2013, Member States having a direct management interest shall be deemed, pursuant to the principle of sincere cooperation of Article 4(3) of the Treaty on European Union, to have agreed to the measures proposed by the initiating Member State for the purposes of agreeing joint recommendations under Article 11(3) of Regulation (EU) No 1380/2013. The initiating Member State may directly submit its proposed Joint Recommendations for restoration purposes to the Commission for adoption under Article 11(3) of Regulation (EU) No 1380/2013.

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 13 – paragraph 1: Member States shall submit a draft of the national restoration plan referred to in Articles 11 and 12 to the Commission by… [OP please insert the date = the first day of the month following 18 months after the date of entry into force of this Regulation].

RemovedArticle 14 – paragraph 1: 1. The Commission shall assess the draft national restoration plans within four months of the date of receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State concerned.

RemovedArticle 14 – paragraph 2: 2. When assessing the draft 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 10a, as well as the Union’s overarching objectives referred to in Article 1, the specific objective referred to in Article 7(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, the 2030 objective of covering at least 10% of the Union’s agricultural area with high-diversity landscape features and the objective referred to in Article 10a of planting at least three billion additional trees in the Union by 2030.

RemovedArticle 14 – paragraph 3: 3. For the purpose of the assessment of the draft national restoration plans, the Commission shall be assisted by experts and the EEA.

RemovedArticle 14 – paragraph 4: 4. The Commission may address recommendations to Member States within four months of the date of receipt of the draft national restoration plan.

RemovedArticle 14 – paragraph 5: 5. Member States shall take due account of any recommendations from the Commission in its final national restoration plan and, where necessary, amend their restoration plans accordingly.

RemovedArticle 14 – paragraph 6: 6. Member States shall finalise, publish and submit to the Commission the national restoration plan within four months from the date of receipt of recommendations from the Commission.

RemovedArticle 15 – paragraph 1: 1. Member States shall regularly review their national restoration plan and at least once every eight years, in accordance with Articles 11 and 12, taking into account progress made in the implementation of the plans and the achievement of the targets set out in this Regulation, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. At least every four years, Member States shall formally assess whether the national restoration plans are to be revised in accordance with paragraph 2.

RemovedArticle 15 – paragraph 2: 2. When it becomes apparent that the measures set out in the national restoration plan will not be sufficient to comply with the targets and obligations set out in Articles 4 to 10a, based on the monitoring in accordance with Article 17, Member States shall revise the national restoration plan and include supplementary measures.

RemovedArticle 15 – paragraph 3: 3. Based on the information referred to in Article 18(1) and (2) and the assessment referred to in Article 18(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to comply with the targets and obligations set out in Articles 4 to 10a, the Commission shall request the Member State concerned to submit an updated draft national restoration plan with supplementary measures. That updated national restoration plan with supplementary measures shall be published and submitted within four months from the date of receipt of the request from the Commission.

RemovedWhen progress of a Member State is not sufficient, there should be an obligation on the Commission to act.

RemovedArticle 16 – paragraph 3: 3. Review procedures referred to in paragraph 1 shall be fair, equitable, timely and free of charge, and shall provide adequate and effective remedies, including injunctive relief where necessary.

RemovedArticle 16 – paragraph 4: 4. In order to further the effectiveness of this Article, Member States shall ensure that practical information is made available to the public on access to the administrative and judicial review procedures referred to in this Article.

RemovedArticle 16 a (new): Article 16a / Public participation, access to public information and public awareness / 1. Without prejudice to any other Union law requirements, Member States shall ensure that the public is given early and effective opportunities to participate in the preparation, review and implementation of national restoration plans. / 2. Member States shall ensure that the public is fully and comprehensively informed. Member States shall set and communicate reasonable and clear timeframes allowing sufficient time for the public to be informed, to participate and express its views, including on the possibility to submit observations. To that end, Member States shall set up a dedicated website in which they publish in a timely manner the draft national restoration plan referred to in Article 14, the recommendations of the Commission referred to in Article 14(4), the final restoration plan referred to in Article 14(6), any updates and revisions of national restoration plans referred to in Article 15(2) and (3), the data generated by the monitoring referred to Article 17(7), as well as the data, information, technical overviews and reports referred to in Article 18(1), (2), (4), (5) and (6). / 3. The Commission and Member States shall put in place the necessary measures to engage local authorities, civil society organisations, business community, academia, farmers, fishermen, foresters and landowners associations, investors and other relevant stakeholders and the general public, and to fost…

RemovedArticle 16 b (new): Article 16b / Exchange of information and sharing of best practices among Member States / 1. The Commission shall organise a regular exchange of information and sharing of best practices among Member States, including, where appropriate, with regional and local authorities, on the implementation of this Regulation. / 2. The Commission shall evaluate and, where appropriate, promote the development of standards of practice or certification schemes that can promote best practices and improve the quality of restoration actions. Where Member States have such standards of practice or certification schemes in place, they shall share the relevant information with the Commission.

RemovedArticle 17 – paragraph 1 – point b a (new): (ba) the removed barriers to longitudinal, lateral, vertical and temporal connectivity of surface waters and the measures necessary to improve the natural functions of the related floodplains referred to in Article 7;

RemovedNo requirement as regards rivers is included in this Article although this is mentioned in recital 67.

RemovedArticle 17 – paragraph 1 – point g: (g) the area and condition of the areas covered by the habitat types listed in Annexes I and II, across their territory and marine area;

RemovedArticle 17 – paragraph 1 – point h: (h) the area and the quality of the habitat of the species referred to in Article 4(3), and Article 5(3), across their territory and marine area;

RemovedArticle 17 – paragraph 1 – point h a (new): (ha) the percentage of organic soils in agricultural use constituting drained peatlands that has been restored and rewetted, referred to in Article 9.

RemovedArticle 17 – paragraph 1 – point h b (new): (hb) the progress towards the planting of three billion additional trees referred to in Article 10a.

RemovedArticle 17 – paragraph 2: 2. The monitoring in accordance with paragraph 1, points (a), (ba), (ha) and (hb) shall start as soon as the restoration measures are put in place.

RemovedArticle 17 – paragraph 5: 5. The monitoring in accordance with paragraph 1, points (a), (b) and (c), of this Article, 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, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity,the stock of organic carbon and the native tree species composition, shall be carried out at least every three years, and, where possible, every year. 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, point (c) concerning the percentage of species and habitats listed in the annexes to Directive 92/43/EEC related to agricultural ecosystems, and 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 Article 12 of Directive 2009/147/CE.

RemovedArticle 17 – paragraph 7: 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 Council112, with Directive 2003/4/EC of the European Parliament and of the Council, with Directive (EU) 2019/1024 of the European Parliament and of the Council and in accordance with the monitoring frequencies set out in paragraphs 2, 3, 4 and 5.

RemovedAlignment with recital 67.

RemovedArticle 17 – paragraph 8: 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 and other publicly or privately available resources, where appropriate), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing.

RemovedArticle 17 – paragraph 8 a (new): 8a. The Commission may adopt implementing acts to specify the conduct and methods of the monitoring referred to in Article 12(2), point (h).

RemovedIt is important that the overall monitoring by Member States takes place in an as uniform way as possible.

RemovedArticle 17 – paragraph 9 – subparagraph 1 – introductory part: The Commission is empowered to adopt delegated acts in accordance with Article 20 to:

RemovedArticle 17 – paragraph 9 – subparagraph 1 a (new): The Commission shall adopt such delegated acts by [two years after the entry into force of this Regulation].

RemovedArticle 17 – paragraph 9 – subparagraph 1 b (new): The methods and frameworks shall not preclude Member States from taking into account their particular physiographic and environmental characteristics.

RemovedArticle 18 – paragraph 2 – subparagraph 1 – point a: (a) the progress in implementing the national restoration plan, in putting in place the restoration measures and progress in achieving the targets and obligations set out in Articles 4 to 10a;

RemovedArticle 18 – paragraph 2 – subparagraph 1 – point e: (e) information on the progress accomplished towards meeting financing needs, in accordance with Article 12(2)(l) and Article 18a, including a review of actual investment against initial investment assumptions.

RemovedArticle 18 – paragraph 2 – subparagraph 2: The first reports shall be submitted in June 2029, covering the period up to that date.

RemovedArticle 18 – paragraph 5: 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 18 of Directive 2008/56/EC. The report shall be provided by June 2030 and subsequent reports shall be provided every three years thereafter. The report shall be made publicly available.

RemovedArticle 18 – paragraph 6: 6. The Commission shall, as from 2029, report to the European Parliament and to the Council every three years on the implementation of this Regulation. That report shall include, inter alia, information as to the progress towards attaining the targets and obligations set out in Articles 4 to 10a as well as the Union’s overarching objectives referred to in Article 1.

RemovedChapter IV a (new): CHAPTER IVa / FUNDING / Article 18a / Funding / 1. When implementing the obligations set out in this Regulation, Member States shall make use of local, regional and national funds, and available Union funds, to finance restoration actions. / 2. In view of the revision of the multiannual financial Ffamework and of the preparation of a multiannual financial framework for the next programming period, the Commission shall carry out an assessment of the gap between restoration funding needs and the available Union funding necessary for supporting Member States in the implementation of the obligations set out in this Regulation. Based on that assessment, the Commission shall evaluate and identify potential solutions to bridge this gap in the Union budget, such as a reallocation of funds from other Union funds or the establishment of a permanent dedicated nature restoration fund. / 3. Member States, the Commission and the European Investment Bank shall improve enabling conditions and facilitate the use of innovative financing mechanisms and promote the mobilisation of private capital for restoration actions.

RemovedArticle 19 – paragraph 1: 1. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex I in order to adapt the groups of habitat types in accordance with the latest scientific evidence.

RemovedArticle 19 – paragraph 2: 2. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex II in order to adapt the list of habitat types and the groups of habitat types in accordance with the latest scientific evidence.

RemovedArticle 19 – paragraph 3: 3. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex III in order to adapt the list of marine species referred to in Article 5 and of the diadromous species referred to in Article 4 in accordance with the latest scientific evidence.

RemovedArticle 19 – paragraph 5: 5. The Commission is empowered to adopt delegated acts in accordance with Article 20 to amend Annex V in order to update the list of species used for the common farmland bird index in the Member States in accordance with the latest scientific evidence.

RemovedArticle 20 – paragraph 2: 2. The power to adopt delegated acts referred to in Article 8(2), Article 17(9), points (a), (b) and (c) and Article 19 shall be conferred on the Commission for a period of 5 years from [OP please insert the date of entry into force of this Regulation]. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

RemovedArticle 20 – paragraph 3: 3. The delegation of power referred to in Article 8(2), Article 17(9), points (a), (b) and (c) and Article 19 may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

RemovedArticle 20 – paragraph 6: 6. A delegated act adopted pursuant to Article 8(2), Article 17(9), points (a), (b) and (c) and Article 19 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of 2 months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

RemovedArticle 22 – paragraph 1: 1. The Commission shall evaluate the application of this Regulation by [8 years after the entry into force of this Regulation]. The evaluation shall include an assessment of the degree to which the objectives set out in this Regulation are being attained and of the need to establish additional targets, in particular for ecosystems not covered by Articles 4 and 5.