Two major dossiers of the European Green Deal – the ‘Climate Law’ and the EU Biodiversity Strategy for 2030 – will dominate the meeting of the European Union Environment Council in Luxembourg on Friday 23 October under the chairmanship of German Minister Svenja Schulze.
‘Climate Law’
The main focus of this meeting will be the discussion on the European Commission’s proposal for a regulation to establish a framework for achieving climate neutrality by 2050, known as the ‘Climate Law’, with the aim of reaching a partial political agreement (‘general approach’) between the 27 Environment Ministers of the Member States.
As previously detailed in our columns (see EUROPE 12585/10), the German Presidency of the EU Council believes that the progress made could lead to the adoption of an agreement on all elements of the ‘Climate Law’, with the exception of the new EU climate target for 2030, despite the persistence of some disagreements.
This last point, left “in brackets” by the Presidency, must first be the subject of a second debate between the 27 Heads of State or Government at the European Council of 10 and 11 December (see EUROPE 12582/2), with a view to then adopting a general approach on the entire text of the ‘Climate Law’.
Some ministers could nevertheless mention it in their speeches on Friday, even if this is not the aim of the discussion.
Although the German Presidency has told us that it is optimistic, the adoption of a partial general approach is not guaranteed.
According to information gathered by EUROPE, the most problematic issue is the enabling framework, i.e., the framework to be put in place to assist Member States in achieving the EU’s climate objectives.
In order to reach a partial agreement and move forward, the more ambitious states, such as Sweden and Denmark, could agree to set aside some of their demands, such as applying the objective of neutrality to each Member State and not only to the EU as a whole, we have also learned.
Should Member States adopt a partial general approach after the Environment Council, interinstitutional negotiations (‘trilogues’) on all issues covered by the agreement (i.e., all except the 2030 target) could then begin.
Nevertheless, the German Presidency has not yet revealed its intentions.
“It is premature to talk about the trilogues at the moment”, said a senior European diplomat on Thursday 22 October, recalling that the partial agreement had not yet been signed.
The German Presidency will only assess the next steps to be taken after such an agreement has been reached, she went on to explain.
The ministers’ discussion on the ‘Climate Law’ will be followed by the presentation of a proposal by Warsaw on the forthcoming revision of the Emissions Trading Scheme (ETS) (see EUROPE 12585/28).
As a last item on the climate agenda, the Dutch delegation will provide information on the summit on adaptation to climate change.
Scheduled for 25 January 2021 in the Netherlands, this international summit is a response to the call for accelerated adaptation measures by UN Secretary-General António Guterres.
Biodiversity by 2030
In the afternoon, in public session, the Council is expected to adopt conclusions providing political guidance for implementation of the EU’s biodiversity strategy for 2030, proposed by the Commission in May (see EUROPE 12500/1, 12491/2).
The strategy aims both to contribute to making the EU climate neutral by 2050, to protect, restore and sustainably use biodiversity and to improve the health of citizens, while ensuring a sustainable and circular EU economy.
The conclusions “will call for endorsement of the strategy as a key initiative of the Green Deal and the European Recovery Plan. They will underline the urgency to act. They will constitute a strong commitment to preserving nature and reversing the decline in biodiversity, as well as ensuring the transition to a sustainable economy that respects and invests in nature”, a European diplomatic source commented on Thursday.
These conclusions will also constitute a commitment to ensure a strong EU position for the 15th Meeting of the Parties to the UN Convention on Biological Diversity – COP15 in Kunming, China, in May 2021.
The text, which was the result of intensive discussions, was agreed by almost all the 27 ambassadors to the EU (Coreper) on 14 October (see EUROPE 12585A11, 12573/10). Only one delegation had a scrutiny reservation, and there was hope that it would be lifted.
This is an Eastern European country. “This country needs some time to consult its capital”, a European source said.
The text reflects a high level of ambition, tempered by a concern for better regulation, and prompting the Council to request an impact assessment for any future legislative proposal and to ask the Commission to look further into the question of the financing capacity of the elements of the strategy.
Drinking water
The Council will adopt its first-reading position on the revision of the Drinking Water Directive without debate, following the political agreement reached in December 2019 between the European Parliament and the Council on updating the 1998 Directive. The linguistic revision of the text has taken a long time, explained another source.
Miscellaneous items
Many other topics will be discussed informally.
For example, the Lithuanian delegation will inform ministers about the eighth session of the Meeting of the Parties to the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo MOP-8 – Vilnius, 8-11 December).
The Netherlands delegation will brief Ministers on the Global Forum on the Circular Economy, scheduled for 15 April 2021, which will focus on the links between the circular economy, climate and sustainable development.
The European Commission will present to ministers:
– its Communication on an EU strategy regarding chemicals and sustainability, adopted on 14 October as part of the Green Deal, the first step towards the ambition of ‘zero pollution’ and a non-toxic environment in industry (see EUROPE 12582/21, 12581/6);
– its proposal for the revision of the “Aarhus” regulation (Regulation 1367/2006 ) to give NGOs greater scope for challenging acts and omissions of the European institutions in the field of the environment, presented on 14 October (see EUROPE 12581/8). In 2017, the Compliance Committee of the Aarhus Convention had found that the EU was not fully implementing the provisions of the Convention. This amendment was proposed late, but in time for the next meeting of the Convention in 2021. The German Presidency of the Council has already begun examining the proposal.
– its Communication of 14 October on access to justice in environmental matters in the Member States as a recommendation for better legal protection of individuals and NGOs before the courts (see EUROPE 12581/8);
– its proposal for a decision on the Eighth Environmental Action Programme (8th EAP) for 2021-2030, a binding instrument for the implementation of the EU’s environmental and climate objectives (see EUROPE 12581/7). (Original version in French by Aminata Niang and Damien Genicot)