On Friday 22 January, the Portuguese Presidency of the Council of the European Union sent a document to the Member States setting out its proposals for the next session of inter-institutional negotiations (‘trilogues’) on the ‘Climate Law’. While this document proposes that the national delegations show flexibility with regard to certain suggestions from Parliament, it leaves little room for compromise on the key points of the ‘Climate Law’.
“The Presidency suggests maintaining the Council's general approach unchanged” with regard to the Parliament's amendments that “introduce new elements compared to the Commission proposal (e.g. greenhouse gas budget, ECCC, sectoral roadmaps)” and those “that are far from the European Council's position on highly sensitive issues (the 2050 objective and 2030 target)”, the Portuguese document obtained by EUROPE states.
It must be said that the respective positions of the co-legislators differ greatly (see EUROPE 12614/15).
While the position adopted by the EU Council is very close to the European Commission's initial proposal (see EUROPE 12625/1, 12439/2), the MEPs, for their part, would like to make a number of significant changes (see EUROPE 12576/1).
The most symbolic is the EU's greenhouse gas (GHG) emissions reduction target for 2030, which the Parliament proposes to raise to 60%, compared to a ‘net reduction of at least 55%’ for the Commission and EU Council.
Regarding the climate neutrality target for 2050, MEPs believe it should apply not only to the EU as a whole, but also to each Member State.
In addition, Parliament proposes, amongst other things, to set up: - a ‘European Council on Climate Change’ (ECCC - see EUROPE 12568/6); - a European carbon budget setting the total amount of GHGs (in CO2 equivalent) that could be emitted until 2050 at the latest; - sectoral roadmaps to lead the different sectors to climate neutrality by 2050 at the latest; - a sanction mechanism to ensure that Member States comply with their national emission targets.
Describing all these subjects as “politically sensitive”, Lisbon stressed that the third trilogue would be limited to an exchange of views with the Parliament on these issues.
With a view to subsequent trilogues, the Presidency is nevertheless inviting delegations to express their possible flexibilities on the setting of the 2040 target (timetable, trajectory, GHG budget), the role of science (including national advisory bodies) and sectoral roadmaps.
Possibilities for compromise
In the possibilities for compromise that it foresees at this stage, the Presidency suggests in particular taking up certain parts of the European Parliament amendments relating to adaptation to climate change, “but reformulating them”.
These amendments provide for the Commission and the Member States to adopt respectively an updated EU strategy for adaptation to climate change and regional and national adaptation strategies and plans by 31 January 2021 and every 5 years thereafter.
In addition, MEPs call for the mandatory introduction of ‘climate change proofing’ for all new infrastructure projects considered particularly vulnerable to the impacts of climate change and which are financed by EU funds.
However, Lisbon wants to avoid giving the strategy a legally binding character and considers the five-year cycle too short.
The Presidency's proposals will be discussed by the Member States' ambassadors to the EU (Coreper) on Wednesday 27 January in order to agree on a revised mandate for the third round of negotiations with the European Parliament.
See the document: http://bit.ly/3c87gqn (Original version in French by Damien Genicot)