Nature conservation: How the EU wants to protect ecosystems with new law

So far, nature conservation has played a rather insignificant role in the EU. A new law should change that. However, there is a catch. The most important questions and answers at a glance.

Nature in the European Union is doing rather badly. The European Environment Agency came to this conclusion in 2020. However, it took a few more years for the EU members to deal with the problem. After long negotiations, EU legislators and member states have now agreed on a law. It still has to be passed in parliament. What is actually a mere formality could turn into an insurmountable hurdle. Because one party is not entirely convinced of the plan.

What exactly it is about and what environmental associations say about the plans.

What is the EU Nature Conservation Act about?

Strictly speaking, the law is called the “Nature Restoration Law”. It’s about restoring destroyed and damaged ecosystems. The EU states are therefore obliged to carry out measures on at least 20 percent of land and sea areas by 2030 to restore nature and improve conditions for plants and animals.

The guidelines apply to moors, seas, forests and floodplains. Agricultural land also falls under the law. It is the first attempt since the Flora-Fauna-Habitat Directive (FFH) was passed in 1992. To date, there have been no binding EU targets to restore ecosystems.

How do the guidelines differ from the EU climate law?

The renaturation measures are part of the European Green Deal – which also includes the EU Climate Protection Act. In contrast to the Nature Conservation Act, the climate guidelines are primarily about emissions. This should be drastically reduced in the coming decades so that the EU becomes climate neutral by 2050. This should be achieved, among other things, by expanding renewable energy sources.

Why do we need an EU-wide nature conservation law?

According to EU data, around 80 percent of the Union’s habitats are in poor condition. Peat bogs and dunes are particularly affected, closely followed by coastal areas and grasslands, writes the European Environment Agency in its most recent report from 2020.

If living conditions deteriorate, this will affect the local animal and plant species. Take butterflies, for example: Since the beginning of the 1990s, almost a third of the fluttering meadow creatures have disappeared. According to the EU environmental report, the number of farm birds is even higher. To counteract this, the regulation requires Member States to take measures to reverse the decline by 2030 at the latest. According to EU figures, ten percent of bee and butterfly species are threatened with extinction and 70 percent of the soil is in an unhealthy condition.

“We are faced with an increasingly dramatic reality: the EU’s nature and biodiversity are in danger and must be protected,” Spanish Environment Minister Teresa Ribera told the British newspaper The Guardian.

Given global commitments, the law seems urgently needed: at the biodiversity summit in Montreal last year, heads of state and government around the world promised to protect 30 percent of the planet in the next seven years. To date, 17 percent of the world’s land area and ten percent of the oceans are protected.

What does the law mean for Germany?

In order for nature to recover in the EU, more forests should be reforested, moors should be watered and rivers should be restored to their natural state. This also includes binding targets for the member states: at least 30 percent of damaged habitats should be restored by 2030. By 2040 it should be 60 percent and by 2050 90 percent.

In Germany there are currently no nationwide binding and valid requirements for this. There is also no environmental protection law in this country. The European measures would largely have to be implemented by the federal states. Nabu is therefore calling for a national “renaturation law” with European targets for the states.

Why is the law controversial?

The renaturation law is a controversial part of the European Green Deal. Some members of the EU Parliament, especially the Christian Democrats, tried to stop the project in the summer. However, the application was rejected. The reason for the resistance are possible strict requirements for farmers.

The negotiators have now agreed on a compromise. Farmers are therefore not obliged to make a certain percentage of their land available for environmentally friendly measures.

When does the law come into force?

This is not yet entirely clear, as the law still has to be confirmed by the EU Parliament and the member states. Actually, it’s just a formality. However, it is currently uncertain whether enough Christian Democrats from the EPP will agree to the compromise and the law will receive a majority in parliament.

“The EPP group will seriously examine and carefully weigh up today’s results before the upcoming decisions in the Environment Committee and in the plenary session,” said CDU negotiator Christine Schneider to the German Press Agency. Nature conservation and climate goals went hand in hand with agriculture and forestry. EU agricultural policy funds should not be used for measures under the law.

How is the law evaluated?

The EU Commission is celebrating the law as a breakthrough. The environmental policy spokesman for the Greens in the Bundestag, Jan-Niclas Gesenhues, also sees it that way. “With the law, the EU is taking a huge step towards more nature and climate protection. Now it is the federal government’s turn to quickly implement the EU requirements and also introduce a comprehensive renaturation law for Germany,” he said in a statement .

On the other hand, MP Jutta Paulus, who was involved in the negotiations for the Greens, spoke of some painful compromises. What is important, however, is the signal that the EU takes international obligations seriously.

Environmental groups are also critical of the compromise. Nabu rates the law as an improvement over previous guidelines. However, he points to “significant loopholes” that could reduce the area to be restored. The association also raises concerns that the regulation could be suspended under certain conditions; for example in economic emergencies.

The WWF also criticizes that the law has been watered down. “It is far from what would be necessary to save our natural habitats, stop species extinction and mitigate the climate crisis,” says WWF spokesman Tobias Arbinger, according to a statement.

Sources: EU Commission, EU Council, Federal Environment Agency,Nabu, European Parliament, Federal Environment Ministry, European Council, WWF, “The Guardian”with material from DPA

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