EU countries aim for June deal on beleaguered nature restoration law

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Romina Pourmokhtari, Sweden's Minister for Climate and the Environment, will chair the meeting of EU environment ministers on 20 June. [Copyright: European Union]

EU countries are aiming to greenlight their negotiating position on a landmark law to restore Europe’s nature at a meeting of environment ministers in Luxembourg on 20 June – but have several challenges to overcome first.

The EU’s Nature Restoration Law was tabled in June 2022 and, for the first time, includes legally-binding targets to restore Europe’s nature and reverse biodiversity loss in agriculture, forests, oceans and urban areas.

However, the proposal has faced major opposition, including from the centre-right European People’s Party (EPP) in the European Parliament and several EU countries, led by Irish leader Leo Varadkar.

Despite this, several diplomatic sources told EURACTIV that EU countries are keen to find solutions and agree on a common position during an environment council meeting on 20 June.

“In the Council, there is a more constructive approach and countries are trying to hammer out a deal,” one EU diplomat told EURACTIV.

Another said it is the European Parliament, not the Council, that will be the main challenger for the law, telling EURACTIV: “I doubt that any member state wants to send it back. It’s not the Council that will bin it.”

The law poses major challenges for EU countries, with each bringing its own concerns due to widely different ecosystems, land use pressures and financial and administrative capacity.

However, there is a general feeling among governments that nature restoration is needed, with some already implementing measures and some beginning to see climate change impacts that will require stronger ecosystems to mitigate.

“The alarming state of our European ecosystems does not allow for any further delays in our readiness to act. The European institutions and member states have to assume their responsibilities jointly,” said a press attaché from the government of Luxembourg.

She told EURACTIV she hopes EU countries and the European Parliament will agree on the law before the end of the year.

However, there is no guarantee that a deal will be struck on 20 June – and it is still to be seen if the European Parliament even adopts a position.

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Finding space for restoration

One concern from governments is how the law impacts other areas of society, including renewable energy production, sustainable food production, and housing.

Countries also warn about potential conflicts between the nature restoration law and other EU ambitions, such as renewable energy deployment and the need to open more mines in Europe to grow a domestic supply chain for critical raw materials and other green industries.

Countries’ calls for more flexibility are reflected in the draft agreement text, dated 6 June and seen by EURACTIV.

It includes “a clarification that when preparing their National Restoration Plans, member states may take into account the diversity of situations in various regions related to social, economic and cultural requirements, regional and local characteristics and population density”.

Financing restoration

How to finance restoration also poses a challenge. Implementing the regulation will require significant financial resources, Lithuania’s government representation in Brussels told EURACTIV.

The European Commission has said there is money available, including under the seven-year budget (the Multiannual Financial Framework, or MFF), but Lithuania pointed out that much of this is already allocated and added that long-term financing is difficult to predict.

“We, therefore, believe that, to ensure that member states can be up to the tasks assigned by the regulation, a more structured exercise is needed, in order to assess financial gaps and to identify appropriate financial measures,” the representation said.

The draft agreement reflects this concern, adding a requirement for the European Commission to submit a report that “will contain an overview of financial resources available at EU level” and an assessment of the funding gaps to propose solutions.

Changes have also been made to the text to accommodate the administrative challenge of implementing the law, including that the state of nature is not always known.

“The timeframe for the preparation and implementation of this proposed legislation is narrow, especially as regards dealing with recurring challenges of member states, such as limited experts’ capacities, knowledge and monitoring of ecosystems or allocation of finances,” a spokesperson from the Slovak government representation in Brussels told EURACTIV.

“However, it is quite exceptional in its flexibility to take into account national circumstances, within for example the preparation of national restoration plans,” the spokesperson added, calling on EU countries to be ambitious on these.

Under the revised text, EU countries only need to determine the condition of 90% of unknown land habitats and 50% of marine habitats by 2030, rather than immediately implement restoration measures.

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Non-deterioration principle

The standout concern is the non-deterioration principle – the notion that restored ecosystems should not be allowed to slip back and those earmarked for restoration should not be allowed to deteriorate further.

The principle was already on the agenda at a meeting of EU ambassadors and will be on the table again when they discuss the law on Friday (9 June).

The Lithuanian representation told EURACTIV it has concerns about the principle’s implementation beyond Natura 2000 protected areas as this would be “particularly difficult and costly” and poses potential challenges regarding private ownership and the development of energy, transport and military infrastructure.

The compromise text from 6 June includes new additions regarding the principle, granting derogations to “activities having as their sole purpose defence or national security”.

It also grants derogations to renewable energy production, grid connections for these and storage outside of Natura 2000 areas, unless there is “clear evidence” that the project would have a major adverse effect on the environment that cannot be mitigated or compensated.

EU ambassadors will discuss the text at their meeting on Friday (9 June) with countries aiming to approve their position on 20 June. European Parliament lawmakers will vote on 15 June, but it is expected to be a very tight vote.

[Edited by Frédéric Simon/Nathalie Weatherald]

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