What changed between the plenary report and the adopted text

Added:(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:(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:(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:(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:HAVE ADOPTED THIS REGULATION:

Added:CHAPTER I GENERAL PROVISIONS

Added:Article 1 Subject matter

Added:1. This Regulation lays down rules to contribute to:

Added:(a) ▌ biodiverse, ▌ resilient ▌ and productive ecosystems across the Member States’ land and sea areas through the restoration of degraded ecosystems; [Am. 113/rev1]

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

Added:(c) meeting the Union’s international commitments.

Added:2. 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, by 2030, at least 20 % of ▌land and 20 % of the sea areas and, by 2050, all ecosystems in need of restoration.

Added:2a. 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]

Added:Article 2 Geographical scope

Added:This Regulation applies to ecosystems referred to in Articles 4 to 10:

Added:(a) in the territory of Member States;

Added:(aa) in the coastal waters, as defined by Directive 2000/60/EC, of Member States, their seabed and their subsoil;

Added:(b) in waters, the seabed and subsoil on the seaward side of the baseline from which the extent of the territorial waters is measured 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.

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

Added:Article 3 Definitions

Added:The following definitions apply:

Added:(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;

Added:(2) ‘habitat of a species’ means habitat of a species as defined in point (f) of Article 1 of Directive 92/43/EEC;

Added:(3) ‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem in order to improve its structure and functions with the aim of conserving or enhancing biodiversity and ecosystem resilience; the restoration of ecosystems for the purposes of this Regulation is done through improving to good condition of a habitat type, ▌its re-establishing to favourable reference area and improving to sufficient quality and quantity of a habitat of a species in accordance with Article 4(1), (2) and (3) and Article 5 (1), (2) and (3) and fulfilling targets and obligations under Articles 6 to 10 including reaching satisfactory levels of indicators referred to in Articles 8(1), 9(2) and 10(2) as a means of conserving or enhancing biodiversity and ecosystem resilience;

Added:(4) ‘good condition’ of a habitat type means a state where its key characteristics ▌, in particular its structure and 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), of Directive 92/43/EEC, where the habitat type concerned is listed in Annex I of that Directive, and, in marine ecosystems, contribute to achieving or maintaining good environmental status according to Article 3(5) of Directive 2008/56/EC;

Added:(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:(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:(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:(7a) ‘deterioration’ means causing a net adverse effect on the habitat types and habitats of species covered by Article 4(6) and (7) and Article 5(6) and (7), in so far as that effect could be significant in relation to the overall objective of Articles 4 and 5 to maintain or restore such habitat types and habitats of species to a favourable conservation status at national and, dependent of the habitat type or the habitat of a species concerned, at a biogeographical level. [Am. 117/rev1]

Added:(8) ‘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;

Added:(9) ‘decline of pollinator populations’ means a decrease in abundance or diversity, or both, of pollinators;

Added:(9a) ‘native tree species’ means a tree species occurring within its natural range (past or present) and dispersal potential (i.e. within the range it occupies naturally or could occupy without direct or indirect introduction or care by humans);

Added:(10) ‘local administrative unit’ or ‘LAU’ means a low-level administrative division of a Member State 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;

Added:(10a) ‘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.2 of Regulation (EC) No 1059/2003;

Added:(11) ‘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, point (a), of Regulation (EC) No 1059/2003;

Added:(12) ‘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, point (a) of Regulation (EC) No 1059/2003;

Added:(12a) ‘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;

Added:(13) ‘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 suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

Added:(14) ‘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 by Regulation (EU) 2021/696 of the European Parliament and of the Council, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

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

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

Added:(15) ‘renewables acceleration area’ means renewables acceleration area as defined in point 9(a) of Article 2 of Directive 2018/2001/EU of the European Parliament and of the Council.

Added:CHAPTER II RESTORATION TARGETS AND OBLIGATIONS

Added:Article 4 Restoration of terrestrial, coastal and freshwater ecosystems

Added:1. Member States shall aim to put in place the restoration measures in Natura 2000 sites that are necessary to move towards reaching favourable conservation status of habitat types listed in Annex I which are not in good condition. Such 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]

Added:2. 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:3. 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:4. 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).

Added:4a. 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.

Added:5. 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.

Added:6. 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:▌ [Ams. 25, 101 and 121]

Added:8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraph 6 ▌is justified if it is caused by:

Added:(a) force majeure including natural disasters;

Added:(b) unavoidable habitat transformations which are directly caused by climate change; ▌

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

Added:(ca) in exceptional circumstances, linked to the realisation or continuation of activities of public interest, the non-fulfilment of the obligations set out in paragraph 6 shall be justified, provided that it does not jeopardise the achievement of the restoration targets set out in paragraphs 1, 2 and 3. Member States shall inform the Commission about such exceptional circumstances and duly justify them without delay; or [Am. 6]

Added:(d) action or inaction from third countries for which the Member State concerned is not responsible.

Added:8a. Outside Natura 2000 sites, the obligation to put in place necessary measures set out in paragraph 7 does not apply to deterioration caused by:

Added:(a) force majeure including natural disasters;