What changed between the plenary report and the adopted text

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

Added:(c) plans or projects of overriding public interest for which no less damaging alternative solutions are available; or

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

Added:9. For Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7, 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:; or

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

Added:10. Member States shall ensure that there is:

Added:(a) an increase of habitat area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

Added:(b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred to in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.

Added:10a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC. [Am. 27]

Added:Article 5 Restoration of marine ecosystems

Added: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:

Added:(a) on at least 30 % by 2030 of the total area of groups 1–6 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;

Added:(b) on at least 60 % by 2040 and on at least 90 % by 2050 of the area of each of the groups 1–6 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;

Added:(c) on two thirds of the percentage, referred to in point (d), by 2040 of the area of group 7 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; and

Added:(d) on a percentage, identified in accordance with Article 11(2a), by 2050 of the area of group 7 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.

Added:The percentage, referred to in point (d) of this paragraph, shall be set so as not to prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained.

Added:▌ [Am. 29]

Added:3. Member States shall put in place the restoration measures for the marine habitats of species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are, in addition to the restoration measures put in place in accordance with paragraphs 1 and 2 of this Article, necessary in order 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 technical and scientific progress in determining the condition of the habitat types listed in Annex II, ▌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, Article 12 of Directive 2009/147/EC and Article 178 of Directive 2008/56/EC.

Added:4a. Member States shall ensure, by 2030 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in groups 1–6 of Annex II. The condition of all areas of groups 1–6 of habitat types listed in Annex II shall be known by 2040. Member States shall also ensure, by 2040 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in group 7 of Annex II. The condition of all areas of group 7 of habitat types listed in Annex II shall be known by 2050.

Added:5. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved ecological coherence and connectivity between the habitat types listed in Annex II 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 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 endeavour to put in place, where possible, necessary measures with the aim to prevent 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 significantly deteriorate on a national level. [Am. 125/rev1]

Added:▌ [Ams. 32, 104 and 126/rev1]

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

Added:(a) force majeure including natural disasters;

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

Added:▌

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; [Am. 7]

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;

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

Added:(c) plans or projects of overriding public interest, for which no less damaging alternative solutions are available; or

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

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

Added:(a) force majeure, including natural disasters;

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

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

Added:10. Member States shall ensure that there is:

Added:(a) an increase of habitat area in good condition for habitat types listed in groups 1–6 of Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

Added:(aa) an increase of habitat area in good condition for habitat types listed in group 7 of Annex II until at least the percentage, referred to in paragraph 1, point (d), is in good condition and until the favourable reference area for each habitat type in each biogeographical region of the Member State concerned is reached;

Added:(b) a positive trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and of the species covered by Directive 2009/147/EC.

Added:Article 5a Energy from renewable sources

Added:For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself and storage assets shall be presumed as being in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Articles 4(8) and (8a) and 5(8) and (8a), if a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC or if they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive (EU) 2011/92. Member States may restrict in duly justified and specific circumstances the application of these provisions to certain parts of their territory as well as to certain types of technologies or to projects with certain technical characteristics in accordance with the priorities set in their national integrated energy and climate plans pursuant to Regulation (EU) 2018/1999. Member States shall inform the Commission about applied restrictions and justify them.

Added:Article 5b National defence

Added:1. When putting in place restoration measures for the purposes of Articles 4(1), (2) and (3) and 5(1), (2) and (3), Member States may exempt areas used for activities with the sole purpose of national defence, if these measures are deemed to be incompatible with the continued military use of the areas in question.

Added:2. For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), Member States may provide that plans and projects for the sole purpose of national defence, are presumed as being in the overriding public interest. For the purposes of Articles 4(8) and (8a) and 5(8) and (8a), Member States may also exempt such plans and projects from the requirement that no less damaging alternative solutions are available. However, where this exemption is applied, the Member State concerned shall put in place measures, as far as reasonable and practicable, with the aim to mitigate the impacts on the habitat types.

Added:Article 6 Restoration of urban ecosystems

Added:1. Member States shall ensure that there is no net loss in the total national area of urban green space, and of urban tree canopy cover in urban ecosystem areas, determined in accordance with Article 11(2b), by 31 December 2030, compared to [year of entry into force of this Regulation]. For the purposes of this obligation, Member States may exclude from that total national area the urban ecosystem areas in which the share of urban green space in the urban centres and urban clusters exceeds 45 % and the share of urban tree canopy cover therein exceeds 10 %.

Added:2. Member States shall achieve thereafter an increasing trend in the total national area of urban green space, including through integration of urban green space into buildings and infrastructure, in urban ecosystem areas, determined in accordance with Article 11(2b), measured every six years after 31 December 2030, until a satisfactory level identified in accordance with Article 11(3) is reached.

Added:3. Member States shall achieve, in each urban ecosystem area, determined in accordance with Article 11(2b), an increasing trend of ▌urban tree canopy cover, measured every six years after 31 December 2030, until the satisfactory level identified in accordance with Article 11(3) is reached.

Added:Article 7 Restoration of the natural connectivity of rivers and natural functions of the related floodplains

Added:1. Member States shall make an inventory of artificial barriers to ▌connectivity of surface waters and, taking into account their socio-economic functions, identify the barriers that need to be removed to contribute to the achievement of the restoration targets set out in Article 4 of this Regulation and of the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Articles 4(3), 4(5) and 4(7) thereof, and Regulation 1315/2013, in particular Article 15 thereof.

Added:2. Member States shall remove the artificial barriers to ▌connectivity of surface waters based on the inventory under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), points (e) and (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection, or other uses.

Added:3. Member States shall complement the removal of the barriers referred to in paragraph 2, by the measures necessary to improve the natural functions of the related floodplains.

Added:4. Member States shall ensure that natural connectivity of rivers and natural functions of the related floodplains restored in accordance with paragraphs 2 and 3 are maintained.

Added:Article 8 Restoration of pollinator populations

Added:1. Member States shall, by putting in place appropriate and effective measures, improve pollinator diversity and reverse the decline of pollinator populations at the latest by 2030 and achieve thereafter an increasing trend of pollinator populations, following the entry into force of the Regulation and measured every six years after 2030, until satisfactory levels are achieved, as set out in accordance with Article 11(3). [Am. 88]