Ahead of what promises to be a close vote in the European Parliament on the proposed Regulation on Nature Restoration, the Permanent Representatives of the EU Member States (Coreper) were due to vote on a draft EU Council political agreement (a ‘general approach’) on this future legislation on Friday 9 June, with a view to submitting it to the European Environment Ministers on 20 June.
At the time of going to press, the outcome of the Coreper discussions was not yet known. “The text is moving in the right direction, but delegations still have requests on key points”, a diplomatic source told EUROPE, indicating that the Swedish Presidency would be making further amendments.
This Regulation was proposed by the Commission in June 2022 to set legally binding targets for each ecosystem - forests, agricultural land, marine, freshwater and urban ecosystems - with a view to restoring at least 20% of the EU’s terrestrial and marine areas by 2030 and all ecosystems in need of restoration by 2050 (see EUROPE 12977/17).
The draft political agreement drawn up by the Swedish Presidency and submitted to Coreper for approval is based on a final compromise, marginally revised since Coreper on 24 May (see EUROPE 13187/4) following bilateral meetings with each of the delegations in early June.
“This compromise text strikes a balance between maintaining ambitious objectives for nature restoration and flexibility for the Member States in implementing the Regulation”, stresses the Swedish Presidency in a document dated 6 June, viewed by EUROPE and accompanying the draft general approach, which will be amended slightly.
It takes account of specific national circumstances, increases flexibility for Member States and adjusts the level of ambition, while aiming to maintain a level playing field. It also reduces unnecessary bureaucracy, says the Presidency.
On the principle of non-deterioration of habitats, the draft political agreement makes a clear distinction between the requirement of non-deterioration for areas undergoing restoration (Paragraph 6 of Articles 4 and 5) and areas where habitat types are present (Paragraph 7 of Articles 4 and 5).
Thus, in Paragraph 6, the non-deterioration requirement is simply supplemented by a threshold, so that it only applies to ‘significant’ deterioration. With regard to Paragraph 7, a number of amendments have been made in favour of an effort-based non-deterioration requirement.
In addition to the introduction of the ‘significant’ deterioration threshold, Member States must, by the date of publication of their national restoration plans at the latest, put in place the measures necessary to prevent deterioration, but these measures are limited to areas where the habitat types listed in Annexes I and II are found and which are in good condition or necessary to achieve the restoration objectives set out in Paragraph 1 of Articles 4 and 5.
Restoration plans, the draft political agreement provides for a phased approach to the adoption of these national plans.
In preparing these plans, Member States could take into account the diversity of situations in different regions (social, economic and cultural requirements, regional and local characteristics, population density). Where appropriate, the specific situation of the outermost regions should also be taken into account.
The exemptions from the obligations of the Regulation are clarified to include natural disasters and the action or inaction of third countries. In addition, it is specified that the obligation to put in place measures to prevent deterioration in areas where habitat types exist (Paragraph 7 of Articles 4 and 5) does not have to be assessed on a case-by-case basis.
Nature Restoration/Renewable Energies. The draft political agreement fully aligns the future ‘Nature Restoration’ Regulation with the ‘Renewable Energy’ Directive, on the understanding that “the climate and biodiversity crises are intrinsically linked”, stresses the Presidency.
Hence the addition of a new Article 5a, under which the planning, construction and operation of facilities for the production of energy from renewable sources, their connection to the grid and the grid itself, as well as storage assets, would benefit from an exemption from the obligations of continuous improvement and non-deterioration of habitats, since they are presumed to be in the overriding public interest.
Member States could therefore exempt such projects from the obligation to demonstrate that there are less damaging alternative solutions if they are located in a renewable energy acceleration zone or in a dedicated infrastructure zone designated in a plan that has been adopted in accordance with the Renewable Energy Directive and that has been subject to a strategic environmental assessment.
Specific objectives by ecosystem type. Flexibility would also be required for all the specific quantified targets by type of ecosystem. In particular, the EU Council’s draft general approach amends the description of farmland with high-diversity landscape features (HDLF) to allow for the management of land that is necessary to preserve biodiversity.
A very close vote is expected in Parliament on 15 June. In Parliament, the vote in the Committee on the Environment, Public Health and Food Safety (ENVI) on 15 June in Strasbourg looks uncertain, with the EPP, ECR and ID Groups voting against (see EUROPE 13197/7).
The rapporteur, César Luena (S&D, Spanish), said he was aware of this on Friday, but was confident.
“We will vote for a sustainable future and to defend the environment. Over the months, we have worked very hard to reach a realistic and pragmatic political agreement, and we have succeeded. I’m expecting a very close vote because of the boycott orchestrated by the EPP, but I’m convinced we’ll get there”, he declared.
See the Swedish Presidency’s draft compromise: https://aeur.eu/f/7eb (Original version in French by Aminata Niang)