Amendementen Hazekamp in de milieucommissie op de Natuurherstelwet

Moties
Amendementen Hazekamp in de milieucommissie op de Natuurherstelwet

18 januari 2023

Proposal for a regulation on nature restoration of the Committee on the Environment, Public Health and Food Safety.

Amendment 1
Anja Hazekamp

Proposal for a regulation
Recital 4 a (new)

Amendment

(4 a) Recognizing the irreplaceable and intrinsic value of nature and ecosystem services, the Union and its Member States commit to stop the destruction of nature as the most efficient way of protecting and restoring it.

Amendment 2
Anja Hazekamp

Proposal for a regulation
Article 1 - paragraph 1 -point c a (new)

Amendment

(c a) achieving the following goals, set up by the EU Commission Biodiversity Strategy for 2030 (COM/2020/380):

(I) Legally protect a minimum of 30% of the EU’s land area and 30% of the EU’s sea area and integrate ecological corridors, as part of a true Trans-European Nature Network.

(II) Strictly protect at least a third of the EU’s protected areas, including all remaining EU primary and old-growth forests.

(III) Effectively manage all protected areas, defining clear conservation objectives and measures, and monitoring them appropriately.

Amendment 3
Anja Hazekamp

Proposal for a regulation
Article 1 - paragraph 2

Text proposed by the Commission

2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.

Amendment

2. This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 2030, at least 30 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration.

Amendment 4
Anja Hazekamp

Proposal for a regulation
Article 1 - paragraph 2 a (new)

Amendment

2 a. Member States shall contribute to the Union's nature restoration targets set out in Article 1(2), in a manner proportional to their total land and sea area, in line with their obligations set forth by this Regulation.

Amendment 5
Anja Hazekamp

Proposal for a regulation
Article 3 - paragraph 1 - point 15 a (new)

Amendment

(15 a) "whole site approach” means a method for applying an ecosystem-based approach to the management of human activities which accounts for the ecosystem as a whole, to be implemented by conserving and restoring a range of species and habitats across a larger area than the evidenced extent of the individual feature of interest, including associated species or habitats that are important to the ‘feature’ of interest, to enhance ecological recovery processes to its full extent. This approach is particularly relevant for the restoration of open and dynamic systems, like marine ecosystems, which are influenced by currents, seasons, water temperature and other oceanographic processes.

Amendment 6
Anja Hazekamp

Proposal for a regulation
Article 4 - paragraph 8 - point c

Text proposed by the Commission

(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis.

Amendment

deleted

Amendment 7
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 1

Text proposed by the Commission

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 30
% of the area of each group of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050.

Amendment

1. Member States shall put in place the restoration measures that are necessary to significantly and permanently improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such measures shall be in place on at least 70 % of the area of each group of habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12, by 2030, on 100 % by 2040, in order to ensure that benefits from the restoration measures materialise by 2050.

Amendment 8
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 1 a (new)

Amendment

1 a. In accordance with the EU Commission Biodiversity Strategy for 2030 (COM/2020/380) and Council conclusions on Biodiversity (11829/20), Member States shall create “strictly protected areas” in at least 10% of the Union’s sea and ocean areas by 2030.

Amendment 9
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 2

Text proposed by the Commission

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex II in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30% of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050.

Amendment

2. Member States shall put in place the restoration measures that are necessary to significantly and permanently re-establish the habitat types listed in Annex II in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 100 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 200 % of the re-establisded surface by 2040, and 300 % of that surface by 2050.

Justification

Based on 'favourable reference areas' reported by MS for marine habitats, the overall area to be re-created as strict minimum is estimated to be 1620 km2, representing only 0.03% of EU seas’ area. This data is an underestimate as most MS did not report enough information. The NRL must go beyond this strict minimum target, so that habitat re-creation makes a higher contribution to the overarching target of the NRL. It's proposed that the total favourable reference area of each group of habitats is covered by re-creation measures by 2030 and that this area is doubled by 2040 and tripled by 2050.

Amendment 10
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 2 a (new)

Amendment

2 a. Member States shall put in place restoration measures, in addition to those under Articles 5(1), 5(2) and 5(3), to achieve the objective set out in Art 1(2) to adequately cover the diversity of the constituent marine habitats and species to be restored, for other marine species and habitats, beyond those listed in Annex II and III, including those covered by international or regional agreements such as Regional Sea Conventions and pursuant to the objective of Directive 2008/56/EC.

Amendment 11
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 6

Text proposed by the Commission

6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate.

Amendment

6. Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2, 2a and 3 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3 until the sufficient quality of those habitats is reached. Member States shall ensure that areas in which good condition has been reached and in which the sufficient quality of the habitats of the species has been reached do not deteriorate, through the adoption of appropriate long-term conservation measures, such as strict protection, which correspond to the ecological requirements of those areas and habitats.

Amendment 12
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 6 a (new)

Amendment

6 a. Member States shall ensure that marine restoration measures adopted in accordance with paragraphs 1, 2 and 3 of this Article are achieved through passive restoration.

Amendment 13
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 6 b (new)

Amendment

6 b. Appropriate buffer zones shall be created around each marine restoration area, with adequate restrictions ensuring harmful impacts from human activities occurring in surrounding areas are minimized inside restoration areas, particularly wide-ranging impacts like sediment suspension and underwater noise which can travel over large distances underwater.

Amendment 14
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 6 c (new)

Amendment

6 c. In order to restore the health of marine life and the abundance of species associated as bycatch in non-selective fisheries, the use of fish aggregating devices (FADs) on Union fishing vessels is prohibited to catch or harvest marine species.

Amendment 15
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 6 d (new)

Amendment

6 d. Member States shall prohibit industrial fishing, including the use of bottom trawling, towed gear and bottom contact fishing gear in all marine protected areas, areas subject to restoration measures, and restored areas.

Amendment 16
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 7 a (new)

Amendment

7 a. Member States shall ensure the continuous, long-term and sustained effects of restoration measures adopted under this Article, in line with Article 12(2)(i), through effective means, including spatial protection measures such as strictly protected areas, contributing to coherent and representative networks of protected areas and targets of the EU 2030 Biodiversity Strategy.

Justification

Without protection, restoration is pointless. If the area subject to restoration or restored is not protected against pressure affecting the restored ecosystems, all efforts and resources spent into the restoration will be in vain. Granting some protective status to restoration areas is necessary, and a recognised best practice to ensure that both the continuous improvement and the non-deterioration of the targeted habitats types. As such, all damaging activities should be excluded from and around restoration areas, which should be designated as strictly protected areas.

Amendment 17
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 7 b (new)

Amendment

7 b. Member States shall strictly protect wetlands and seagrass meadows habitats that are subject to restoration measures, given their importance as carbon-rich ecosystems.

Justification

The EU Biodiversity Strategy for 2030 sets out a commitment to strictly protect one third of EU land and sea, and states that certain carbon-rich ecosystems, such as seagrass meadows, should be strictly protected. Because seagrass meadows play such an important ecological role in the marine and coastal environment, both for biodiversity protection and climate change (including mitigation and adaptation such as storing blue carbon and offering coastal defence), Member States need to grant seagrass meadows strict protection regime to allow for full restoration potential.

Amendment 18
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 7 c (new)

Amendment

7 c. Member States shall embrace the concept of 'site approach' in areas subject to restoration, by applying restoration measures to the entire area concerned, and not just part of it, thus recognising the complexity of ecosystems interactions and enabling ecosystems recovery and re-establishment to their maximum potential.

Amendment 19
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 8 - introductory part

Text proposed by the Commission

8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if caused by:

Amendment

8. If compatible with the gradual achievement of the restoration targets set out in this Regulation, outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 can be justified if Member States provide compelling evidence that it is caused by:

Amendment 20
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 9

Text proposed by the Commission

9. For Natura 2000 sites, the non-fulfilment of the obligation set out in paragraphs 6 and 7, is justified if caused by:

(a) force majeure;

(b) unavoidable habitat transformations which are directly caused by climate change: or

(c) a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC.

Amendment

deleted

Amendment 21
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 9 a (new)

Amendment

9 a. When applying paragraphs 8 and 9 of this Article, Member States shall ensure that the application does not exclude or compromise the achievement of the objectives of this Directive and is consistent with the implementation of other Community environmental legislation, in particular with Directive 92/43/EEC.

Amendment 22
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 10 -point a (new)

Amendment

(a a) an increase of habitat area in good condition for habitat types necessary to achieve good environmental status under Directive 2008/56/EC, until at least 90 % is in good condition and until the favourable reference area for each habitat type in each marine region or subregion of their territory is reached;

Amendment 23
Anja Hazekamp

Proposal for a regulation
Article 5 - paragraph 10 - point a b (new)

Amendment

(a b) an increase of the habitats area covered by effective spatial conservation measures, including strictly protected areas, established for the purpose of restoration objectives;

Amendment 24
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4 - subparagraph 1 - introductory part

Text proposed by the Commission

For organic soils in agricultural use
constituting drained peatlands, Member States shall put in place restoration measures. Those measures shall be in place on at least:

Amendment

For non-urban organic soils in constituting drained peatlands, Member States shall put in place rewetting and if necessary additional restoration measures, and shall ensure appropriate monitoring of the effectiveness of the measures in accordance with Article 17. Those measures shall be in place on at least:

Amendment 25
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4 - subparagraph 1 - point a

Text proposed by the Commission

(a) 30 % of such areas by 2030, of which at least a quarter shall be rewetted;

Amendment

(a) 30 % of such areas, which shall be rewetted by 2030;

Justification

Restoring degraded peatland requires improving hydrological conditions, first and foremost by rewetting. Otherwise, restoration objectives will not be matched on the long term

Amendment 26
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4 - subparagraph 1 - point b

Text proposed by the Commission

(b) 50 % of such areas by 2040, of which at least half shall be rewetted;

Amendment

(b) 50 % of such areas, which shall be rewetted by 2040;

Amendment 27
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4 - subparagraph 1 - point c

Text proposed by the Commission

Amendment

Amendment 28
Anja Hazekamp

Proposal for a regulation
Article 9 - paragraph 4 - subparagraph 1 - point c a (new)

Amendment

(c a) 100 % of such areas, which shall be rewetted by 2050.

Amendment 29
Anja Hazekamp

Proposal for a regulation
Article 11 - paragraph 2 a (new)

Amendment

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

Justification

In order for the marine restoration measures included in national restoration plans to be implementable, Member States need to make use of the process included in Articles 11(2) - 11(3) of the CFP Regulation. To that end, and in line with the principle of regionalisation, they shall communicate to Member States having a direct management interest in the fisheries to be affected by such measures, all necessary information for those measures gathered in the context of the preparation of their restoration plans, thus initiating the joint recommendations process of the CFP Regulation.

Amendment 30
Anja Hazekamp

Proposal for a regulation
Article 12 - paragraph 3

Text proposed by the Commission

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

Amendment

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

Where no joint recommendation has been agreed within the time period for submitting the national restoration plans, all areas being considered for a joint recommendation shall be immediately closed to all types of commercial fishing until such time as the Commission adopts appropriate restoration measures.

Justification

To successfully deliver marine restoration, the NRL must ensure that the processes to adopt fisheries management under the CFP Joint Recommendation (JR) is effective and fit for the purpose and timeline of the NRL. Following the European Court of Auditors recommendation, the NRL must harmonise the CFP rules with the NRL objectives, so that the CFP can support and help achieve its objectives, and equally meet its own sustainability objectives for marine ecosystems. As such the proposal would also incentivise MS to initiate CFP Joint Recommendation.

Amendment 31
Anja Hazekamp

Proposal for a regulation
Article 12 - paragraph 3 a (new)

Amendment

3 a. For areas falling within the scope of Article 12(3), the Commission shall, within 6 months after the adoption of the final restoration plan under Article 14(6), adopt restoration measures constituting ‘conservation measures’ under Part III of Regulation (EU) No 1380/2013 and pursuant to articles 11(4) or 11(5) of Regulation (EU) No 1380/2013 in the following circumstances: a) In the absence of the Joint Recommendations submitted in line with Article 12(3); or b) In the absence of Joint Recommendations sufficient to comply with the targets and obligations set out in Article 5.

Amendment 32
Anja Hazekamp

Proposal for a regulation
Article 17 - paragraph 1 - point h a (new)

Amendment

(h a) the percentage of organic soils in non-urban use constituting drained peatlands that has been restored and rewetted, referred to in Article 9.

[...]

Proposal for a regulation on the restoration measures referred to in article 11(8) of the Committee on the Environment, Public Health and Food Safety.

Amendment 1
Anja Hazekamp

Proposal for a regulation
Annex VII

Text proposed by the Commission

(1) Restore wetlands, by rewetting drained peatlands, removing peatland drainage structures or de-poldering and discontinuing peat excavation.

(2) Improve hydrological conditions by increasing quantity, quality and dynamics of surface waters and groundwater levels for natural and semi-natural ecosystems.

(3) Remove unwanted scrub encroachment or non-native plantations on grasslands, wetlands, forests and sparsely vegetated land.

(4) Apply paludiculture.

(5) Re-establish the meandering of rivers and reconnect artificially cut meanders or oxbow lakes.

(6) Remove longitudinal and lateral barriers (such as dikes and dams), give more space to river dynamics and restore free-flowing river stretches.

(7) Re-naturalise river beds and lakes and lowland watercourses by e.g. removing artificial bed fixation, optimising substrate composition, improving or developing habitat cover.

(8) Restore natural sedimentation processes.

(9) Establish riparian buffers, e.g. riparian forests, buffer strips, meadows or pastures.

(10) Increase ecological features in forests, such as large, old and dying trees (habitat trees) and amounts of lying and standing deadwood.

(11) Work towards a diversified forest structure in terms of vegetation and age, enable natural regeneration and succession of tree species.

(12) Enhance forest diversity by creating mosaics of non-forest habitats such as open patches of grassland or heathland, ponds or rocky areas.

(13) Make use of “close-to-nature” or “continuous cover” forestry approaches; introduce native tree species.

(14) Enhance the development of old-growth native forests and mature stands (e.g. by abandonment of harvesting).

(15) Introduce high-diversity landscape features in arable land and intensively used grassland, such as buffer strips, field margins with native flowers, hedgerows, trees, small forests, terrace walls, ponds, habitat corridors and stepping stones, etc.

(16) Increase the agricultural area subject to agro-ecological management approaches such as organic agriculture or agro-forestry, multicropping and crop rotation, integrated pest and nutrient management.

(17) Reduce grazing intensity or mowing regimes on grasslands where relevant and re-establish extensive grazing with domestic livestock and extensive mowing regimes where they were abandoned.

(18) Stop or reduce the use of chemical pesticides as well as chemical and animal manure fertilizers.

(19) Stop ploughing grassland and introducing seeds of productive grasses.

(20) Remove plantations on former dynamic inland dune systems to re-enable natural wind dynamics in favour of open habitats.

(21) Improve connectivity across habitats to enable the development of populations of species, and to allow for sufficient individual or genetic exchange as well as for species’ migration and adaptation to climate change.

(22) Allow ecosystems to develop their own natural dynamics for example by abandoning harvesting and promoting naturalness, wilderness.

(23) Remove and control invasive alien species, and prevent or minimize new introductions.

(24) Minimise negative impacts of fishing activities on the marine ecosystem, for example by using gear with less impact on seabed.

(25) Restore important fish spawning and nursery areas.

(26) Provide structures or substrates to encourage the return of marine life, for example coral/oyster/boulder reefs.

(27) Restore seagrass meadows and kelp forests by actively stabilising the sea bottom, reducing and, where possible, eliminating pressures or by active propagation and planting.

(28) Reduce various forms of marine pollution, such as nutrient loading, noise pollution and plastic waste.

(29) Increase urban green spaces with ecological features, such as parks, trees and woodland patches with native species, green roofs, wildflower grasslands, gardens, city horticulture, tree-lined streets, urban meadows and hedges, ponds and watercourses.

(30) Stop, reduce or remediate pollution from pharmaceuticals, hazardous chemicals, urban and industrial wastewater, and other waste including litter and plastics as well as light in all ecosystems.

(31) Convert brownfield sites, former industrial areas and quarries into natural sites.