Changes from adopted text to adopted text

Change 21

Changed(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.

Change 22

Changed(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.

Change 23

Changed(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.

Change 24

Removed(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.

Added(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.

Change 25

Changed(25) Building on(27) DirectivesDirective 92/43/EEC andaims 2009/147/ECto maintain and inrestore, orderat tofavourable supportconservation thestatus, achievementnatural ofhabitats theand objectivesspecies setof outwild infauna thoseand Directives,flora Memberof StatesUnion shouldinterest. putHowever, init placedoes restorationnot measuresset toa ensuredeadline theto recoveryachieve ofthat protectedgoal. habitatsSimilarly, andDirective species,2009/147/EC includingdoes wildnot birds,establish acrossa Uniondeadline areas,for alsothe inrecovery areasof thatbird fallpopulations outsidein Naturathe 2000.Union.

Change 26

Removed(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.

Added(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.

Removed(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.

Added(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.

Removed(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.

Added(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.

Removed(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.

Added(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.

Removed(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.

Added(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.

Change 27

Changed(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.

Change 28

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

(34) 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.

Change 29

Changed(33)(35) It is important to ensure a gradual increase ofthat the areas covered by habitat types that fallfalling 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,whole are gradually increased until the favourable reference area for each habitat type is reached and at least 90 % at Member State level of thatsuch areaareas isare in good condition, so as to allow those habitat types in the Union to achievereach 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.

Change 30

Changed(34)(36) It is important to ensure a gradual increase ofthat the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as of habitats of wild birds falling within the scope of Directive 2009/147/EC, across the European territory of Member States and ultimately of the Union,Union as a whole are gradually increased until itthey isare sufficient to ensure the long-term survival of those species.

Change 31

Changed(35)(37) It is important that ▌areasMember 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 thereafterhave reached good condition, those habitat types do not significantly deteriorate, so as not to jeopardizejeopardise 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 toof preventpreventing significant deterioration of areas covered by such habitat types that are either already in good condition or that are not in good condition andbut stillare 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, that are necessary to restore in order to reach the restoration targets. It is ▌appropriate to consider the possibility of force majeure, such as natural disasters, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change. Outside Natura 2000 sites it is appropriate to also consider the result of a plan or project of overriding public interest, for which no less damaging alternative solutions are available,. For areas subject to restoration, this should be determined on a case-by-case basis. For Natura 2000 sites, plans and projects are authorisednecessary in accordance with Article 6(4) of Directive 92/43/EEC. Where an area is transformed from one habitat typeorder to another falling withinmeet the scope of this Regulation as a desired result of a restoration measure, the area should not be considered to deteriorate.targets.

Change 32

Changed(35a)It Foris appropriate to consider the purposespossibility of theforce derogationsmajeure, fromsuch as natural disasters, which could result in the obligationsdeterioration of continuousareas improvementcovered andby non-deteriorationthose outsidehabitat Naturatypes, 2000as siteswell inas thisunavoidable Regulation,habitat Membertransformations Stateswhich shouldare presumedirectly plantscaused forby theclimate productionchange. ofOutside energyNatura from2000 renewablesites sources,it theiris connectionappropriate to theconsider grid,also the related grid itselfresult andof storagea assets,plan asor beingproject of overriding public interest.interest Memberfor Stateswhich mayno decideless todamaging restrictalternative thesolutions applicationare ofavailable. For areas subject to restoration measures, this presumptionshould inbe dulydetermined justifiedon anda specificcase-by-case circumstances,basis. suchFor asNatura reasons2000 relatedsites, toplans nationaland defence.projects Inare addition,authorised Memberin Statesaccordance maywith exemptArticle these6(4) projectsof fromDirective the92/43/EEC. obligationIt is appropriate to demonstrateensure that noMember lessStates damagingretain alternativethe solutionspossibility, arein availablethe forabsence of alternatives, to apply the purposesnon-deterioration ofrequirement at the applicationlevel of thoseeach derogations,biogeographical providedregion thatof thetheir projectsterritory havefor beeneach subjecthabitat totype aand strategiceach environmentalhabitat assessmentof orspecies. anSuch environmentalpossibility impactshould assessment.be Consideringallowed suchunder plantscertain asconditions, beingincluding ofthat overridingcompensatory publicmeasures interestare and,taken wherefor applicable,each limitingsignificant thedeterioration requirementoccurrence. toWhere, assessas lessa damagingdesired alternativeresult solutionsof woulda allowrestoration suchmeasure, projectsan toarea benefitis transformed from aone simplifiedhabitat assessmenttype asfalling regardswithin the derogationsscope of this Regulation to another habitat type falling within the assessmentscope of overridingthis publicRegulation, interestthe underarea thisshould Regulation.not be considered to have deteriorated.

Change 33

Changed(35b)(38) ActivitiesFor havingthe aspurposes theirof solethe purposederogations defencefrom orthe nationalobligations securityof shouldcontinuous beimprovement givenand utmostnon-deterioration priority.outside Therefore,Natura Member2000 Statessites mayunder whenthis puttingRegulation, inplants placefor restorationthe measuresproduction exemptof areasenergy usedfrom forrenewable activitiessources, withtheir theconnection soleto purposethe ofgrid, nationalthe defencerelated ifgrid theseitself measuresand arestorage deemedassets, toshould be incompatiblepresumed withby the continuedMember militaryStates useas being of theoverriding areaspublic ininterest. question.Member InStates additionshould forbe theable purposeto ofdecide to restrict the application of the provisionsthat onpresumption derogationsin fromduly thejustified obligationsand ofspecific continuouscircumstances, improvementsuch andas non-deteriorationfor outsidereasons Naturarelated 2000to sitesnational indefence. thisIn Regulation,addition, Member States should be allowedable to presumeexempt thatsuch plansrenewable andenergy projects concerningfrom suchthe activitiesobligation asthat beingno ofless overridingdamaging publicalternative interest.solutions Memberare Statesavailable mayfor alsothe exemptpurposes theseof projectsthe fromapplication theof obligationthose toderogations, demonstrateprovided that nothe lessprojects damaginghave alternativebeen solutionssubject areto available,a butstrategic shouldenvironmental putassessment inor placean measures,environmental asimpact farassessment. Considering such plants as reasonablebeing andof practicable,overriding withpublic interest and, where applicable, limiting the aimrequirement to mitigateassess less damaging alternative solutions would allow such projects to benefit from a simplified assessment as regards the impactsderogations onto the habitatassessment types,of whereoverriding theypublic applyinterest under this exemption.Regulation.

Change 34

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

Added(39) Activities which have defence or national security as their sole purpose should be given utmost priority. Therefore, when putting in place restoration measures, Member States should be able to exempt areas used for such activities, if those measures are deemed to be incompatible with the continued military use of the areas in question. In addition, for the purpose of the application of the provisions of this Regulation on derogations from the obligations of continuous improvement and non-deterioration outside Natura 2000 sites, Member States should be allowed to presume that plans and projects concerning such activities are of overriding public interest. Member States should also be able to exempt such plans and projects from the obligation that no less damaging alternative solutions are available. However, 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 impact of those plans and projects on the habitat types.

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

Added(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. That strategy also sets out that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems.

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

Added(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 put 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 benthic broad habitat types specified under Directive 2008/56/EC, is widely represented in marine waters of several Member States. Member States should therefore be allowed to limit the restoration 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 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 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.

Removed(39) In order to achieve the objective of continuous, long-term and sustained recovery of biodiverse and resilient nature, Member States should make full use of the possibilities provided under the common fisheries policy. Within the scope of the exclusive competence of the Union with regard to conservation of marine biological resources, Member States have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. In addition, Member States that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under Union law on the environment. Such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy.

Added(42) Where the protection of coastal and marine habitats requires that fishing or aquaculture activities be 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 CFP 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 the CFP is to endeavour to ensure that aquaculture and fisheries activities avoid degradation of the marine environment.

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

Added(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 CFP. Member States have the possibility, within the scope of the exclusive competence of the Union with regard to conservation of marine biological resources, to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. In addition, Member States that have a direct management interest, 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 environmental law. Where a Member State includes conservation measures necessary to contribute to the 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 are to be assessed and adopted in accordance with the rules and procedures provided for under the CFP.

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

Added(44) Directive 2008/56/EC requires Member States to cooperate bilaterally and within regional and sub-regional cooperation mechanisms, including through Regional Sea 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 CFP.

Added(45) It is important that restoration measures be put in place also for the habitats of certain marine species, such as sharks and rays, that fall within the scope of, for example, the Convention on the Conservation of Migratory Species of Wild Animals, signed in Bonn on 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.

(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.

Change 35

Changed(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.

Change 36

Changed(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.

Change 37

Removed(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]

Added(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.

Change 38

Changed(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.

Change 39

Changed(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.

Change 40

Changed(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.

Change 41

Changed(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.

Change 42

Changed(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.

Change 43

Changed(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.

Change 44

Changed(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.

Change 45

Changed(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.

Change 46

Changed(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.

Change 47

Changed(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.

Change 48

Changed(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.

Change 49

Changed(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.

Change 50

Removed▌ [Am. 112/rev1]

Added(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.

Removed(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.

Added(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.

Removed(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.

Added(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.