Changes from adopted text to adopted text

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ChangedThis Regulation applies to ecosystems as referred to in Articles 4 to 10:12:

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Changed(a) in the territory of the Member States;

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Changed(aa)(b) in the coastal waters, as defined byin Article 2, point (7), of Directive 2000/60/EC, of the Member States, their seabed andor their subsoil;

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Changed(b)(c) in waters, the seabed andor subsoil on the seaward side of the baseline from which the extent of the territorial waters of a Member State is measuredmeasured, extending to the outmost reach of the area where a Member State has or exercises sovereign rights or jurisdiction, in accordance with the 1982 United Nations Convention on the Law of the Sea.

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ChangedThis Regulation only applies only to ecosystems in the European territory of the Member States to which the Treaties apply.

Article 3 Definitions

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ChangedTheFor the purposes of this Regulation, the following definitions apply:

(1) ‘ecosystem’ means a dynamic complex of plant, animal, fungi and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populations;

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Changed(2) ‘habitat of a species’ means habitat of a species as defined in point (f)Article of1, Articlepoint 1(f), of Directive 92/43/EEC;

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Changed(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem in order to improve its structure and functionsfunctions, with the aim of conserving or enhancing biodiversity and ecosystem resilience; the restoration ofresilience, ecosystemsthrough forimproving thean purposesarea of this Regulation is donea throughhabitat improvingtype to good condition of a habitat type, ▌its▌, re-establishing to favourable reference areaarea, and improving to sufficient quality and quantity of a habitat of a species to sufficient quality and quantity in accordance with Article 4(1), (2) and (3) and Article 5 (1),5(1), (2) and (3)(3), and fulfillingmeeting the targets and fulfilling the obligations under Articles 68 to 1012, including reaching satisfactory levels offor the indicators referred to in Articles 8(1), 9(2) and 10(2) as a means of conserving or enhancing biodiversity and8 ecosystemto resilience;12;

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Changed(4) ‘good condition’ means, as regards an area of a habitat type meanstype, a state where itsthe key characteristics ▌,of the habitat type, in particular its structure andstructure, functions and its typical species or typical species composition reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and thus contribute to reaching or maintaining favourable conservation status according to Article 1, point (e), offor Directivea 92/43/EEC,habitat, where the habitat type concerned is listed in Annex I ofto thatDirective Directive,92/43/EEC, and, in marine ecosystems, contribute to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;status;

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Removed(5) ‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long-term viability of the habitat type and its typical species or typical species composition, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type; where the habitat type concerned is listed in Annex I to Directive 92/43/EEC, such re-establishment contributes to reaching favourable conservation status according to Article 1, point (e), of that Directive and, in marine ecosystems, such re-establishment contributes to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Added(5) ‘good environmental status’ means good environmental status as defined in Article 3, point (5), of Directive 2008/56/EC;

Removed(6) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status of species according to the Article 1, point (i) of Directive 92/43/EEC for species listed in Annex II, IV or V to that Directive and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Added(6) ‘favourable conservation status for a habitat’ means favourable conservation status within the meaning of Article 1, point (e), of Directive 92/43/EEC;

Removed(7) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status of species according to the Article 1, point (i), of Directive 92/43/EEC for species listed in Annex II, IV or V to that Directive and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Added(7) ‘favourable conservation status for a species’ means favourable conservation status within the meaning of Article 1, point (i), of Directive 92/43/EEC;

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Changed(7a)(8) ‘deterioration’‘favourable reference area’ means causingthe total area of a nethabitat adversetype effectin ona given biogeographical or marine region at national level that is considered the minimum necessary to ensure the long-term viability of the habitat typestype and habitatsits oftypical species coveredor bytypical Articlespecies 4(6)composition, and (7)all andthe Articlesignificant 5(6)ecological andvariations (7),of inthat sohabitat fartype asin thatits effectnatural couldrange, beand significantwhich inis relationcomposed toof the overallcurrent objectivearea of Articlesthe 4habitat andtype 5and, toif maintainthat orarea restoreis suchnot sufficient for the long-term viability of the habitat typestype and habitatsits oftypical species toor atypical favourablespecies conservationcomposition, statusthe atadditional nationalarea and,necessary dependentfor the re-establishment of the habitat typetype; orwhere the habitat oftype aconcerned speciesis concerned,listed atin Annex I to Directive 92/43/EEC, such re-establishment contributes to reaching favourable conservation status for a biogeographicalhabitat level.and, [Am.in 117/rev1]marine ecosystems, such re-establishment contributes to achieving or maintaining good environmental status;

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Added(9) ‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status for a species listed in Annex II, IV or V to Directive 92/43/EEC and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status;

Added(10) ‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status for a species listed in Annex II, IV or V to Directive 92/43/EEC and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status;

Added(11) ‘very common and widespread habitat type’ means a habitat type that occurs in several biogeographical regions in the Union with a range exceeding 10 000 km²;

(12) ‘pollinator’ means a wild insect which transports pollen from the anther of a plant to the stigma of a plant, enabling fertilisation and the production of seeds;

(13) ‘decline of pollinator populations’ means a decrease in abundance or diversity, or both, of pollinators;

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Changed(9a)(14) ‘native tree species’ means a tree species occurring within its natural rangerange, (pastpast or present)present, and dispersal potentialpotential, (i.e.i.e. within the range it occupies naturally or could occupy without direct or indirect introduction or care by humans);humans;

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Changed(10)(15) ‘local administrative unit’ or ‘LAU’ means a low-level administrative division of a Member StateState, below that of a province, region or state, established in accordance with Article 4 of Regulation (EC) No 1059/2003 of the European Parliament and of the Council;

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Changed(10a)(16) ‘urban centres’ and ‘urban clusters’ means territorial units classified in cities and towns and suburbs using the grid-based typology established in accordance with Article 4b.24b(2) of Regulation (EC) No 1059/2003;

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Changed(11)(17) ‘cities’ means LAUs where at least 50 % of the population lives in one or more urban centres, measured using the degree of urbanisation established in accordance with Article 4b.3,4b(3), point (a), of Regulation (EC) No 1059/2003;

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Changed(12)(18) ‘towns and suburbs’ means LAUs where less than 50 % of the population lives in an urban centre, but at least 50 % of the population lives in an urban cluster, measured using the degree of urbanisation established in accordance with Article 4b.3,4b(3), point (a)(a), of Regulation (EC) No 1059/2003;

(19) ‘peri-urban areas’ means areas adjacent to urban centres or urban clusters, including at least all areas within 1 kilometre measured from the outer limits of those urban centres or urban clusters, and located in the same city or the same town and suburb as those urban centres or urban clusters;

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Changed(13)(20) ‘urban green space’ means the total area of trees, bushes, shrubs, permanent herbaceous vegetation, lichens and mosses, ponds and watercourses found within cities or towns and suburbssuburbs, calculated on the basis of data provided by the Copernicus Land Monitoring Service as established byunder Regulationthe (EU)Copernicus 2021/696component of the EuropeanUnion ParliamentSpace andProgramme, ofestablished theby Council,Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

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Changed(14)(21) ‘urban tree canopy cover’ means the total area of tree cover within cities and towns and suburbs, calculated on the basis of the Tree Cover Density data provided by the Copernicus Land Monitoring Service as established byunder Regulationthe (EU)Copernicus 2021/696component of the EuropeanUnion ParliamentSpace andProgramme, ofestablished theby Council,Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

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Changed(14a) ‘free(22) flowing‘free-flowing river’ means a river or a stretch of river whosethe longitudinal, lateral and vertical connectivity of which is not hindered by artificial structures forming a barrier and whosethe natural functions of which are largely unaffected;

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Changed(14b)(23) ‘rewetting peatland’ means the process of changing a drained peat soil towards a wet peat soil;

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Changed(15)(24) ‘renewables acceleration area’ means renewables acceleration area as defined in point 9(a) of Article 2 of2, Directivepoint 2018/2001/EU(9a), of the European Parliament and ofDirective the(EU) Council.2018/2001.

CHAPTER II RESTORATION TARGETS AND OBLIGATIONS

Article 4 Restoration of terrestrial, coastal and freshwater ecosystems

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Changed1. Member States shall aim to put in place the restoration measures in Natura 2000 sites that are necessary to move towardsimprove reachingto favourablegood conservationcondition statusareas of habitat types listed in Annex I which are not in good condition. Such restoration measures shall be put in place on Natura 2000 network area of habitat types listed in Annex I that are not in good condition, as quantified in the national restoration plan referred to in Article 12. [Am. 21]place:

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Removed2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types with the aim to reach their favourable reference area. Such measures shall be in place in areas necessary to ensure fulfilment of the goals laid down in paragraph 1 of this Article▌. [Am. 99]

Added(a) by 2030 on at least 30 % of the total area of all habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 15;

Removed3. Member States shall put in place the restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds covered by Directive 2009/147/EC that are, in addition to the restoration measures in accordance with paragraphs 1 and 2 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

Added(b) by 2040 on at least 60 % and by 2050, on at least 90 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 15.

Removed4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, and where appropriate taking into account the diversity of situations in various regions as referred to in Article 11(9a).

AddedFor the purpose of this paragraph, Member States shall, as appropriate, until 2030 give priority to restoration measures in areas that are located in Natura 2000 sites.

Removed4a. Member States shall ensure, by 2030 at the latest, that the condition is known for at least 90% of area distributed overall habitat types listed in Annex I. The condition of all areas of habitat types listed in Annex I shall be known by 2040.

Added2. By way of derogation from paragraph 1, first subparagraph, points (a) and (b), Member States may, where duly justified and for the purposes of that paragraph, exclude from the relevant group of habitat types very common and widespread habitat types that cover more than 3 % of their European territory.

Removed5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 3 that occur in those habitat types.

AddedWhere a Member State applies the derogation referred to in the first subparagraph, the Member State shall put in place restoration measures:

Removed6. Member States shall endeavour to ensure that the total national area in good condition and the total amount of area with a sufficient quality of the habitats of the species referred to in paragraphs 1, 2 and 3 does not significantly decrease over time. [Am. 100]

Added(a) by 2050 on an area representing at least 80 % of the area that is not in good condition for each of those habitat types;

Removed▌ [Ams. 25, 101 and 121]

Added(b) by 2030 on at least one third of the percentage referred to in point (a); and

Removed8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraph 6 ▌is justified if it is caused by:

Added(c) by 2040 on at least two thirds of the percentage referred to in point (a).

Removed(a) force majeure including natural disasters;

AddedThe derogation referred to in the first subparagraph shall only be applied if it is ensured that the percentage referred to in point (a) of the second subparagraph does not prevent the favourable conservation status for each of those habitat types, from being reached or maintained at national biogeographical level.

Added3. If a Member State applies the derogation pursuant to paragraph 2, the obligation set out in paragraph 1, first subparagraph, point (a), shall apply to the total area of all remaining habitat types listed in Annex I that is not in good condition and the obligation set out in paragraph 1, first subparagraph, point (b), shall apply to the remaining areas of the relevant groups of habitat types listed in Annex I that are not in good condition.

Added4. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the total favourable reference area for each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.

Added5. By way of derogation from paragraph 4 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member State concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.

Added6. If a Member State applies the derogation pursuant to paragraph 5 to specific habitat types, the obligation set out in paragraph 4 shall apply to the remaining habitat types that are part of the groups of habitat types listed in Annex I to which those specific habitat types belong.

Added7. Member States shall put in place restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 4 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.