The EU's Nature Restoration Law, which aims to put in place a process for the continuous, long-term and sustained recovery of biodiverse and resilient nature across the EU's land and sea, gets provisional agreement.
On 9 November 2023, the European Parliament and Council of the European Union reached a provisional agreement on the Nature Restoration Law, a new regulation aimed at putting measures in place to restore at least 20% of the EU's land and sea by 2030, and all ecosystems in need of restoration by 2050.
Originally proposed by the European Commission (Commission) in June 2022, the regulation is a key component of the European Green Deal contributing to the EU’s climate mitigation and climate adaptation objectives under the EU Biodiversity Strategy. Its significance stretches beyond the EU in that the regulation also seeks to deliver on the EU's commitments under the Kunming-Montreal Global Biodiversity Framework agreed in December 2022.
If the regulation is formally adopted, member states are likely to pass down their requirements (set out below) to the private sector, impacting the way in which businesses are allowed or required to interact with their natural surroundings.
What will member states be required to do?
If formally approved, the regulation will require member states to meet legally binding targets and obligations to carry out nature restoration in respect of specific ecosystems (see below). Restoration, with a view to conserving and enhancing biodiversity and ecosystem resilience, will mean the process of actively or passively assisting the recovery of:
- an ecosystem to a good condition;
- a habitat type to the highest condition attainable and to its favourable reference area;
- a habitat of species to a sufficient quality and quantity; or
- a species populations to satisfactory levels.
The regulation leaves it up to each member state to decide on the specific restoration measures it will apply within its own territory. To demonstrate how they will deliver on the targets, member states will be required to submit regular national restoration plans, which outline the restoration needs and measures, taking into account the local context alongside timelines for implementation.
Member states must establish and implement measures to restore at least 20% of the EU's land and sea by 2030. In the case of habitat types that are in "poor condition", the restoration requirement is at least 30% by 2030, which is set to increase incrementally to 60% by 2040 and 90% by 2050.
Target ecosystems, habitats and species
The regulation contains various binding restoration targets and obligations across a range of ecosystems. Specifically, these relate to:
- terrestrial, coastal and freshwater ecosystems (Article 4);
- marine ecosystems (Article 5);
- ensuring no net loss, and the increase of green urban spaces in cities, towns and suburbs (Article 6);
- removing river barriers that prevent connectivity (Article 7);
- reversing the decline of pollinators and to achieve an increasing trend of pollinator populations until satisfactory levels are reached (Article 8); and
- improving biodiversity of agro-systems and forest ecosystems (Articles 9 and 10).
Next steps
If the European Parliament and member states formally adopt the regulation, it will enter into force 20 days after publication in the Official Journal of the EU. Member states will then have two years to submit their first nature restoration plan to the Commission.
*With thanks to Stuart Ayers and Tara Theiss for their contributions to this blog.
Key contacts
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.