Changes from adopted text to adopted text

Removed(60) In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, in particular, during the preparation of national restoration plans, Member States should take account of the potential for renewable energy projects to make contributions towards meeting nature restoration objectives.

Added(65) Restoration targets and obligations for habitats and species protected under Directives 92/43/EEC and 2009/147/EC for pollinators and for freshwater, urban, agricultural and forest ecosystems should be complementary and work in synergy, with a view to achieving the overarching objective of restoring ecosystems across the Member States’ land and sea areas. The restoration measures required to meet one specific target will, in many cases, contribute to meeting other targets or fulfilling other obligations. Member States should therefore plan restoration measures strategically with a view to maximising their effectiveness in contributing to the recovery of nature across the Union. Restoration measures should also be planned in such manner that they address climate change mitigation and climate change adaptation and the prevention and control of the impact of natural disasters, as well as land degradation. They should aim to optimise the ecological, economic and social functions of ecosystems, including their productivity potential, taking into account their contribution to the sustainable development of the relevant regions and communities. In order to avoid unintended consequences, Member States should also consider the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures. It is important that Member States prepare detailed national restoration plans based on the best available scientific evidence. Documented records on historic distribution and area, as well as on the projected changes to environmental conditions due to climate change, should inform the determination of favourable reference areas for habitat types. Furthermore, it is important that the public is given early and effective opportunities to participate in the preparation of the plans. Member States should take account of the specific conditions and needs in their territory, in order for the plans to respond to the relevant pressures, threats and drivers of biodiversity loss, and should cooperate to ensure restoration and connectivity across borders.

Removed(61) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity should take into account the deployment of renewable energy and vice versa. Restoration activities and the deployment of renewable energy projects may be combined, wherever possible, including in renewables acceleration and dedicated grid areas. Directive (EU) 2018/2001 requires Member States to perform a coordinated mapping for the deployment of renewable energy in their territory to identify the domestic potential and the available land surface, subsurface, sea or inland water as necessary for the installation of plants for the production of energy from renewable sources, and their related infrastructure, such as grid and storage facilities, including thermal storage, that are required in order to meet at least their national contributions towards the revised 2030 renewable energy target. Such areas, including the existing plants and cooperation mechanisms, shall be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in the national energy and climate plans. Member States should designate a sub-set of such areas as renewables acceleration areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, ▌where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops and facades of buildings, transport infrastructure and their direct surroundings, parking areas, farms, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. Directive (EU) 2018/2001 also establishes that Member States may adopt a plan or plans to designate dedicated infrastructure areas for the development of grid and storage projects that are necessary to integrate renewable energy into the electricity system, where such development is not expected to have significant environmental impacts or such impacts can be duly mitigated or, where not possible, compensated. The aim of such areas shall be to support and complement the renewables acceleration areas. In the designation of renewables acceleration areas and dedicated infrastructure areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the mapping of areas necessary for national contribution towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated grid areas. During the preparation of the nature restoration plans, Member States should ensure synergies with the build-up of renewable energy and energy infrastructure and with the already designated renewables acceleration areas and dedicated grid areas and ensure that the functioning of these renewables ▌ areas, including the permitting procedures applicable in these renewables ▌areas foreseen by Directive (EU) 2018/2001, remain unchanged.

Added(66) To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC of the European Parliament and of the Council; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284 of the European Parliament and of the Council; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation (EU) No 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council.

Change 51

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

Change 52

Removed(63) The national restoration plans and the measures to restore habitats as well as the measures to prevent habitats from deteriorating should also take into account the results of research projects relevant for assessing the condition of ecosystems, identifying and putting in place restoration measures, and monitoring purposes, and where appropriate, take into account the diversity of situations in the various regions of the Union, in accordance with Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), such as social, economic and cultural requirements and regional and local characteristics, including population density.

Added(68) Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity should take into account the deployment of renewable energy and vice versa. It should be possible to combine restoration activities and the deployment of renewable energy projects, wherever possible, including in renewables acceleration areas and dedicated grid areas. Directive (EU) 2018/2001 requires Member States to carry out a coordinated mapping for the deployment of renewable energy in their territory in order to identify the domestic potential and the available land surface, sub-surface, sea or inland water that are necessary for the installation of renewable energy plants and their related infrastructure, such as grid and storage facilities, including thermal storage, that are required in order to fulfil at least their national contributions towards the revised 2030 renewable energy target. Such necessary areas, including the existing plants and cooperation mechanisms, are to be commensurate with the estimated trajectories and total planned installed capacity by renewable energy technology set in the national energy and climate plans. Member States should designate a sub-set of such areas as renewables acceleration areas. Renewables acceleration areas are specific locations, whether on land or sea, that are particularly suitable for the installation of plants for the production of energy from renewable sources, ▌where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States are to give priority to artificial and built surfaces, such as rooftops and facades of buildings, transport infrastructure and their direct surroundings, parking areas, farms, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. Directive (EU) 2018/2001 also establishes that Member States be allowed to adopt a plan or plans to designate dedicated infrastructure areas for the development of grid and storage projects that are necessary to integrate renewable energy into the electricity system, where such development is not expected to have a significant environmental impact, such an impact can be duly mitigated or, where that is not possible, compensated for. The aim of such areas is to be to support and complement the renewables acceleration areas. In the designation of renewables acceleration areas and dedicated infrastructure areas, Member States are to avoid protected areas and consider their national restoration plans. Member States should coordinate the development of national restoration plans with the mapping of areas that are required in order to meet at least their national contribution towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated grid areas. During the preparation of the national restoration plans, Member States should ensure synergies with the build-up of renewable energy and energy infrastructure and with renewables acceleration areas and dedicated grid areas that have already been designated and ensure that the functioning of those areas, including the permit-granting procedures applicable in those areas provided for by Directive (EU) 2018/2001, remain unchanged.

Removed(64) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 of the Treaty on the Functioning of the European Union (TFEU), which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity value. At the same time the associated costs for protecting and restoring those ecosystems and the remoteness, insularity, small size, difficult topography and climate of the outermost regions should be taken into account, in particular when preparing the national restoration plans. Member States are encouraged to include, on a voluntary basis, specific restoration measures in those outermost regions that do not fall within the scope of this Regulation.

Added(69) In order to ensure synergies with restoration measures that have already been planned or put in place in Member States, the national restoration plans should recognise those restoration measures and take them into account. In light of the urgency signalled by the IPCC Sixth Assessment Report for taking action on the restoration of degraded ecosystems, Member States should implement those measures in parallel with the preparation of the restoration plans.

Removed(65) The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations.

Added(70) The national restoration plans and the measures to restore habitats, as well as the measures to prevent habitats from deteriorating, should also take into account the results of research projects relevant for assessing the condition of ecosystems, identifying and putting in place restoration measures, and monitoring purposes. Where appropriate, they should also take into account the diversity of situations in the various regions of the Union, in accordance with Article 191(2) of the Treaty on the Functioning of the European Union (TFEU), such as social, economic and cultural requirements and regional and local characteristics, including population density.

Removed(66) The Commission’s State of Nature Report from 2020 has shown that a substantial share of the information reported by Member States in accordance with Article 17 of Council Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, in particular on the conservation status and trends of the habitats and species they protect, comes from partial surveys or is based only on expert judgment. That Report also showed that the status of several habitat types and species protected under Directive 92/43/EEC is still unknown. Filling in those knowledge gaps and investing in monitoring and surveillance are necessary in order to underpin robust and science-based national restoration plans. In order to increase the timeliness, effectiveness and coherence of various monitoring methods, the monitoring and surveillance should make best possible use of the results of Union-funded research and innovation projects, new technologies, such as in-situ monitoring and remote sensing using space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). The EU missions ‘Restore Our Ocean and Waters’, ‘Adaptation to Climate Change’, and ‘A Soil Deal for Europe’ will support the implementation of the restoration targets.

Added(71) It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 TFEU, which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity value. At the same time, the associated costs for protecting and restoring those ecosystems and the remoteness, insularity, small size, difficult topography and climate of the outermost regions should be taken into account, in particular when preparing the national restoration plans. Member States are encouraged to include, on a voluntary basis, specific restoration measures in those outermost regions that do not fall within the scope of this Regulation.

Removed(66a) Considering the particular technical and financial challenges associated with mapping and monitoring marine environments, Member States may, as a complement to information reported in accordance with Article 17 of Directive 92/43/EEC and in accordance with Article 17 of Directive 2008/56/EC, use information about pressures and threats or other relevant information as a basis for extrapolation when assessing the condition of marine habitats listed in Annex II. Such an approach may thereby also be used as a basis for planning restoration measures in marine habitats in accordance with this Regulation. The overall assessment of the condition of marine habitats listed in Annex II should be based on the best available knowledge and latest technical and scientific progress.

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

Removed(67) In order to monitor the progress in implementing the national restoration plans, the restoration measures put in place, the areas subject to restoration measures, and the data on the inventory of barriers to river continuity, a system should be introduced requiring Member States to set up, keep up-to-date and make accessible relevant data on results from such monitoring. The electronic reporting of data to the Commission should make use of EEA’s Reportnet system and should aim to keep the administrative burden on all entities as limited as possible. To ensure an appropriate infrastructure for public access, reporting and data-sharing between public authorities, Member States should, where relevant, base the data specifications on those referred to in Directive 2003/4/EC of the European Parliament and of the Council, Directive 2007/2/EC of the European Parliament and of the Council and Directive (EU) 2019/1024 of the European Parliament and of the Council.

Added(73) The 2020 State of Nature Report has shown that a substantial share of the information reported by Member States in accordance with Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, in particular on the conservation status and trends of the habitats and species they protect, comes from partial surveys or is based only on expert judgment. That report also showed that the status of several habitat types and species protected under Directive 92/43/EEC is still unknown. Filling in those knowledge gaps and investing in monitoring and surveillance are necessary in order to underpin robust and science-based national restoration plans. In order to increase the timeliness, effectiveness and coherence of various monitoring methods, monitoring and surveillance should make best possible use of the results of Union-funded research and innovation projects, new technologies, such as in-situ monitoring and remote sensing using space data and services delivered under the EGNOS, Galileo and Copernicus components of the Union Space Programme, established by Regulation (EU) 2021/696 of the European Parliament and of the Council. The EU missions ‘Restore Our Ocean and Waters’, ‘Adaptation to Climate Change’, and ‘A Soil Deal for Europe’, set out in the communication from the Commission of 29 September 2021 on European Missions, will support the implementation of the restoration targets.

Removed(68) In order to ensure an effective implementation of this Regulation, the Commission should support Member States upon request through the Technical Support Instrument, which provides tailor-made technical support to design and implement reforms. The technical support involves, for example, strengthening the administrative capacity, harmonising the legislative frameworks, and sharing relevant best practices.

Added(74) Considering the particular technical and financial challenges associated with mapping and monitoring marine environments, Member States should be able, as a complement to information reported in accordance with Article 17 of Directive 92/43/EEC and in accordance with Article 17 of Directive 2008/56/EC, to use information about pressures and threats or other relevant information as a basis for extrapolation when assessing the condition of marine habitats listed in Annex II to this Regulation. It should also be possible to use such an approach as a basis for planning restoration measures in marine habitats in accordance with this Regulation. The overall assessment of the condition of marine habitats listed in Annex II to this Regulation should be based on the best available knowledge and latest technical and scientific progress.

Removed(69) The Commission should report on the progress made by Member States towards meeting the restoration targets and obligations of this Regulation on the basis of Union-wide progress reports drawn up by the EEA as well as other analysis and reports made available by Member States in relevant policy areas such as nature, marine and water policy.

Added(75) In order to ensure the monitoring of the progress in implementing the national restoration plans, the restoration measures put in place, the areas subject to restoration measures and the data on the inventory of barriers to river continuity, a system should be introduced requiring Member States to set up, keep up-to-date and make accessible relevant data on results from such monitoring. The electronic reporting of data to the Commission should make use of EEA’s Reportnet system and should aim to limit the administrative burden on all entities as far as possible. To ensure an appropriate infrastructure for public access, reporting and data-sharing between public authorities, Member States should, where relevant, base the data specifications on those referred to in Directives 2003/4/EC, 2007/2/EC and (EU) 2019/1024 of the European Parliament and of the Council.

Removed(70) To ensure the achievement of the targets and obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE), the European Maritime Fisheries and Aquaculture Fund (EMFAF), the European Agricultural Fund for Rural Development (EAFRD), the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund and the Just Transition Fund, as well as the Union framework programme for research and innovation, Horizon Europe, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework to biodiversity objectives.

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

RemovedThe Recovery and Resilience Facility (RRF) is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way.

Added(77) The Commission should report on the progress made by Member States towards meeting the restoration targets and fulfilling the obligations of this Regulation on the basis of Union-wide progress reports drawn up by the EEA as well as other analysis and reports made available by Member States in relevant policy areas such as nature, marine and water policy.

Removed(71) A range of EU, national and private initiatives are available to stimulate private financing, such as the InvestEU Programme, which offers opportunities to mobilise public and private finance to support inter alia the enhancement of nature and biodiversity by means of green and blue infrastructure projects, and carbon farming as a green business-model.

Added(78) To ensure meeting the targets and fulfilling the obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration. Member States should therefore integrate in their national budgets expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, and reflect how Union funding is used. Regarding Union funding, expenditure under the Union budget and Union financing programmes, such as the LIFE Programme, the European Maritime Fisheries and Aquaculture Fund (EMFAF), established by Regulation (EU) 2021/1139 of the European Parliament and of the Council , the European Agricultural Fund for Rural Development (EAFRD) and the European Agricultural Guarantee Fund (EAGF), both established by Regulation (EU) 2020/2220 of the European Parliament and of the Council, the European Regional Development Fund (ERDF) and the Cohesion Fund, both established by Regulation (EU) 2021/1058 of the European Parliament and of the Council and the Just Transition Fund, established by Regulation (EU) 2021/1056 of the European Parliament and of the Council, as well as Horizon Europe – the Framework Programme for Research and Innovation, established by Regulation (EU) 2021/695 of the European Parliament and of the Council, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the multiannual financial framework for the years 2021 to 2027 laid down in Council Regulation (EU, Euratom) 2020/2093 (the ‘MFF 2021-2027’) to biodiversity objectives. The Recovery and Resilience Facility, established by Regulation (EU) 2021/241 of the European Parliament and of the Council, is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the strategic nature projects as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way.

Removed(71a) To ensure the implementation of this Regulation, adequate private and public investments for nature restoration measures are essential. Therefore, the Commission should, by 12 months from its entry into force and in consultation with Member States, present a report with an analysis identifying any gaps in implementing this Regulation. That report should be accompanied, where appropriate, by proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding and without prejudging the prerogatives of the co-legislators for the adoption of the next multiannual financial framework post 2027.

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

Removed(71b) According to settled case law of the Court of Justice, under the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts of the Member States to ensure judicial protection of a person’s rights under Union law. Furthermore, Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. The Union and the Member States are parties to the United Nations Economic Commission for Europe (UNECE) Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (‘the Aarhus Convention’). Under the Aarhus Convention Member States should ensure that, in accordance with the relevant national legal system, members of the public concerned have access to justice.

Added(80) A range of Union, national and private initiatives are available to stimulate private financing, such as the InvestEU Programme, established by Regulation (EU) 2021/523 of the European Parliament and of the Council, which offers opportunities to mobilise public and private finance to support, inter alia, the enhancement of nature and biodiversity by means of green and blue infrastructure projects, and carbon farming as a green business-model. Funding nature restoration measures on the ground, through private or public financing, including result-based support and innovative schemes such as carbon removal certification schemes, could be promoted. Private investment could also be incentivised through public investment schemes, including financial instruments, subsidies and other instruments, provided State aid rules are complied with.

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

Added(81) To ensure the implementation of this Regulation, adequate private and public investments for nature restoration measures are essential. Therefore, the Commission should, within 12 months from the date of entry into force of this Regulation and in consultation with Member States, present a report with an analysis identifying any gaps in implementing this Regulation. That report should be accompanied, where appropriate, by proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding and without prejudging the prerogatives of the co-legislators for the adoption of the multiannual financial framework post 2027.

Removed(73) Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council, CAP Strategic Plans are meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation. This Regulation on nature restoration should be taken into account when, in accordance with Article 159 of Regulation (EU) 2021/2115, the Commission reviews, by 31 December 2025, the list set out in Annex XIII to that Regulation.

Added(82) According to settled case law of the Court of Justice of the European Union, under the principle of sincere cooperation laid down in Article 4(3) of the Treaty on European Union (TEU), it is for the courts of the Member States to ensure judicial protection of a person’s rights under Union law. Furthermore, Article 19(1) TEU requires Member States to provide remedies sufficient to ensure effective judicial protection in the fields covered by Union law. The Union and the Member States are parties to the UN Economic Commission for Europe Convention on access to information, public participation in decision-making and access to justice in environmental matters (the ‘Aarhus Convention’). Under the Aarhus Convention, Member States are to ensure that, in accordance with the relevant national legal system, members of the public concerned have access to justice.

Removed(74) In line with the commitment in the 8th Environment Action Programme to 2030, Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices.

Added(83) Member States should promote a fair and cross-society approach in the preparation and implementation of their national restoration plans. They should put in place the necessary measures to engage local and regional authorities, landowners and land users and their associations, civil society organisations, business community, research and education communities, farmers, fishers, foresters, investors and other relevant stakeholders and the general public, in all phases of the preparation, review and implementation of the national restoration plans, and to foster dialogue and the diffusion of science-based information about biodiversity and the benefits of restoration.

Removed(75) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the groups of habitats, to adapt the list of bird species used for the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the lists of marine habitats and species ▌and the examples of restoration measures to technical and scientific progress, to take into account experience from the application of the Regulation or to ensure consistency with the EUNIS habitat types. It is of particular importance that the Commission carries out impact assessments and appropriate consultations during its preparatory work, including at expert level, ▌in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Added(84) Pursuant to Regulation (EU) 2021/2115, CAP strategic plans are meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in or deriving from, the legislative acts listed in Annex XIII to that Regulation. This Regulation should be taken into account when, in accordance with Article 159 of Regulation (EU) 2021/2115, the Commission reviews, by 31 December 2025, the list set out in Annex XIII to that Regulation.

Removed(76) In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to establish guiding frameworks for setting the satisfactory levels of urban green space, of urban tree canopy cover in urban ecosystems, of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council.

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

Removed(77) The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence.

Added(86) In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of supplementing this Regulation by establishing and updating a science-based method for monitoring pollinator diversity and populations and in respect of amending Annexes I to VII to this Regulation by adapting to technical and scientific progress the groups and lists of habitat types, the list of marine species, the list of species used for the common farmland bird index, the description, unit and methodology of biodiversity indicators for agricultural ecosystems and forest ecosystems and the list of examples of restoration measures, to take into account experience gained from the application of this Regulation or to ensure consistency with the EUNIS habitat types. It is of particular importance that the Commission carry out impact assessments and appropriate consultations during its preparatory work, including at expert level, ▌in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts.

Removed(78) Since the objectives of this Regulation cannot be sufficiently achieved by Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives.

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

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

Added(89) The Commission should carry out an evaluation of this Regulation. Pursuant to the Interinstitutional Agreement of 13 April 2016 on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and value added and should provide the basis for impact assessments of options for further action. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5 of this Regulation, taking into account the most recent scientific evidence.

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

Added(91) Since the objectives of this Regulation, namely to ensure the long-term and sustained recovery of biodiverse and resilient ecosystems, across the European territory of the Member States, through restoration measures to be put in place by the Member States to collectively meet a Union target for the restoration of land areas and sea areas by 2030 and all areas in need of restoration by 2050, cannot be sufficiently achieved by the Member States but can rather, by reason of the scale and effects of the action, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 TEU. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives,

▸4 unchanged paragraphs

HAVE ADOPTED THIS REGULATION:

CHAPTER I GENERAL PROVISIONS

Article 1 Subject matter

1. This Regulation lays down rules to contribute to:

Change 53

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

Change 54

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

Change 55

Added(c) enhancing food security;

(d) meeting the Union’s international commitments.

Change 56

Changed2. This Regulation establishes a framework within which Member States shall put in place ▌effective and area-based restoration measures with the aim to jointly cover, as a Union target, throughout the areas and ecosystems within the scope as defined in Article 2,of bythis 2030,Regulation, at least 20 % of ▌land areas and at least 20 % of the sea areas and, by 2050,2030, and all ecosystems in need of restoration.restoration by 2050.

Change 57

Removed2a. This Regulation needs to create synergies and be coherent with existing and ongoing legislation, taking into account national competences and ensure consistency and coherence with the Union legislation on among others renewable energies, plant protection products, critical raw materials, agricultural and forestry. [Am. 116]

Article 2 Geographical scope