The Environment Ministers of the EU Member States have a very full agenda ahead of them at the last EU Environment Council under the German Presidency on Thursday, 17 December, this time in person.
This meeting should enable the Presidency to conclude its work in style with the expected political agreements (‘general approaches’), one on the ‘Climate Law’, the other on the revision of the Aarhus Regulation on citizens’ access to justice, but also with the formal adoption of the new 2030 EU climate target to be submitted to the United Nations Framework Convention on Climate Change (UNFCCC) and conclusions or debates on key initiatives of the European Green Deal.
The whole session, chaired by German Minister Svenja Schulze, will be open to the public. The Commission will be represented by its Executive Vice-President for the Green Deal, Frans Timmermans, and Commissioner for the Environment, Virginijus Sinkevičius.
Climate Law. The ministers will begin their meeting with a discussion on the European Commission’s proposal for a regulation to establish a framework for achieving climate neutrality at EU level by 2050, also known as the ‘Climate Law’.
The aim will be to provide a general approach on the whole text by including the new target for reducing EU greenhouse gas (GHG) emissions by at least 55% by 2030 agreed by the 27 European Heads of State or Government (see EUROPE 12621/1).
On 23 October last, the Environment Ministers were only able to adopt a partial general approach, leaving the question of the 2030 climate objective in brackets, pending guidance from the European Council of 11 December (see EUROPE 12588/1).
With a view to Thursday’s ministerial meeting, the German EU Council Presidency has therefore put a revised draft compromise proposal on the table to take account of these new guidelines.
Obtained by EUROPE, the German document thus adds that in addition to the binding objective of climate neutrality in the Union by 2050, the ‘Climate Law’ also sets a domestic reduction of the EU’s net GHG emissions (emissions after deduction of removals) of at least 55% compared to the 1990 level by 2030 as a “ binding objective”.
It adds, “No later than 30 June 2021, the Commission shall review the relevant Union legislation in order to enable the achievement of the objective [2030] and the objective of climate neutrality”.
According to our information, several national delegations have already expressed some reservations about the draft compromise on Tuesday 15 December at a meeting of Member States’ ambassadors to the EU (Coreper). Some Member States would indeed like to include more elements from the 11 December European Council guidelines.
The Ambassadors therefore decided not to approve the text or to amend it, but to bring it back to the ministerial level as it stands.
Revised NDC. The meeting will also aim to adopt the proposal on the Nationally Determined Contribution (NDC) of the EU and its Member States to be forwarded to the UNFCCC before the end of the year.
As a reminder, the NDCs define the efforts made by each country signatory to the Paris Accord to reduce its national emissions and adapt to the effects of climate change.
In the case of the EU, the German Presidency proposes to revise the NDC to reflect the increase in the 2030 target.
As it is an EU Council decision, this proposal does not require the approval of the European Parliament.
Access to justice. Ministers will have a public debate and are expected to reach a general approach of the EU Council on the revision of the Aarhus Regulation (1367/2006) to improve citizens’ access to justice in environmental matters—a revision proposed on 14 October to bring the regulation fully in line with the Aarhus International Convention which it transposes.
“This is important in advance of the next meeting of the parties, scheduled for October 2021. Negotiations with the European Parliament must also be completed by then”, stressed a high-ranking diplomat on Monday evening.
The draft conclusions were approved last week by almost all Member States’ Ambassadors to the EU (Coreper), with only one delegation having a parliamentary scrutiny reservation (see EUROPE 12620/20). To allow for better public scrutiny of EU acts in the field of the environment, the text extends the scope of administrative acts of EU institutions and bodies that can be challenged by NGOs and lengthens the deadlines for a request for review (https://bit.ly/3qXlvmM ).
Green and circular recovery. The Council of the EU is expected to adopt without difficulty conclusions on ‘EU’s post-Covid-19 circular and green economic recovery’, in response to the second action plan for circular economy (see EUROPE 12444/1).
The text was approved by Coreper last week (see EUROPE 12613/20). In particular, it calls on the Commission to launch the actions and bring forward, as soon as possible, the legislative proposals set out in this action plan by carrying out comprehensive impact assessments and providing guidance to Member States to facilitate implementation (https://bit.ly/2WjgJSo ).
Green digitalisation. Ministers are expected to adopt EU Council conclusions on digital transformation for the benefit of the environment—a topic that was a priority of the German Presidency. The draft conclusions were approved last week by Coreper (see EUROPE 12620/21). These conclusions will guide the Commission in the implementation of all policies related to the EU’s dual transition—the digital transition and the transition to climate neutrality—by building bridges between them (https://bit.ly/2JWQxux ).
Sustainable chemicals. Ministers will have a public debate on the ‘Chemicals for Sustainability’ strategy, presented on 14 October by the Commission as a first step towards the EU’s ‘Zero Pollution’ objective under the Green Deal (see EUROPE 12581/6).
Miscellaneous items. The Commission will present its recent proposal on batteries and battery waste management (see EUROPE 12620/13). The incoming Portuguese Presidency will present the priorities for its six-month term to the ministers. The French delegation will present a note on the elimination of deforestation. Portugal will inform the ministers of the results of the European conference ‘Climate Change and the European Water Dimension – Building Resilience’ in early November.
See the draft compromise on the ‘Climate Law’: http://bit.ly/3oUSS7S and the draft communication to the UNFCCC: http://bit.ly/3af8yyO (Original version in French by Aminata Niang and Damien Genicot)