The Nature Restoration Law: A Significant Milestone or An Example of the EU Green Deal Losing Momentum?

Abstract

The global biodiversity crisis, highlighted by a significant decline in wildlife populations and increasingly vulnerable habitats, necessitates urgent action. The EU has responded with the EU Biodiversity Strategy for 2030, culminating in the Nature Restoration Law. This legislation, approved on June 17, 2024, sets binding targets for ecosystem restoration by 2050, addressing deforestation, wetland degradation, and marine pollution. Despite severe political challenges, its adoption underscores the EU’s commitment to environmental rehabilitation and positions it as a global leader in nature and biodiversity conservation. The law aims to inspire international efforts, emphasising the interconnectedness of climate change and biodiversity loss.

​​Introduction

The global biodiversity crisis has precipitated to alarming levels, as highlighted in the World Wide Fund for Nature’s (WWF) 2020 Living Planet Report, which revealed an unprecedented average decline of 68% in mammal, bird, fish, reptile, and amphibian populations since 1970. In Europe and Central Asia, biodiversity has dwindled by 24% during the same period, predominantly due to habitat destruction driven by unsustainable agricultural practices and deforestation (WWF, 2020). The threat of climate change will only exacerbate biodiversity loss in the coming decades, necessitating urgent and decisive action to address these interlinked crises.

Responding to these challenges, the European Union (EU) has emerged as a vanguard in global environmental stewardship through its ambitious European Green Deal initiative. At the heart of this endeavour lies the EU Biodiversity Strategy for 2030, launched in 2019, which aims to halt and reverse biodiversity decline across Europe by the decade’s end. This strategy lays the groundwork for subsequent legislative measures aimed at safeguarding and rejuvenating ecological integrity.

Building upon the EU Biodiversity Strategy, the European Union introduced the EU Nature Restoration Law in 2022. This landmark legislation establishes binding targets for ecosystem, habitat, and species restoration by 2050, directly confronting critical ecological issues such as deforestation, wetland degradation, and marine pollution. The Nature Restoration Law formalises the EU’s commitment to comprehensive environmental rehabilitation and constitutes a pivotal element of its strategy to combat biodiversity loss and mitigate environmental degradation impacts.

On June 17, 2024, the European Union achieved a significant milestone as a substantial majority of member states endorsed the final version of the Nature Restoration Law during a Council meeting in Luxembourg. This approval marks the culmination of extensive negotiations and solidifies the EU’s position as a global standard-setter in environmental policy. The Nature Restoration Law not only underscores the EU’s dedication to ecological revitalisation but also sets a precedent for ambitious environmental legislation worldwide, creating a precedent that can be implemented in other parts of the world.

This article aims to explore why the EU Nature Restoration Law represents a watershed moment in environmental policy. It will delve into the foundational principles and initiatives of the EU Biodiversity Strategy that paved the way for the Nature Restoration Law. Furthermore, the paper will analyse the intricate political dynamics surrounding the law’s adoption, highlighting the challenges and controversies encountered during its legislative journey. By setting out these facets, this research seeks to illuminate how the EU Nature Restoration Law signifies a landmark achievement in global efforts to combat biodiversity loss and foster ecological resilience.

The urgency of addressing biodiversity loss and environmental degradation cannot be overstated. With ecosystems under increasing strain from human activities and climate impacts, the EU’s proactive stance through the Nature Restoration Law serves as a beacon of hope and a model for international cooperation. By setting ambitious targets and committing to concrete actions, the EU not only aims to reverse the decline of its natural habitats and species but also aims to inspire and influence global efforts towards a sustainable and resilient future for all.

I. EU’s Nature Restoration Law: A Cornerstone of the Green Deal and Biodiversity Strategy

The Green Deal was adopted in 2019 with the ambitious goal of making the EU climate-neutral by 2050 and reducing greenhouse gas emissions by at least 55% by 2030 compared to 1990 levels (European Commission, n.d.-e). The Green Deal encompasses various themes and terrains: climate, environment, oceans, transport, research and innovation, energy, agriculture, and industry. Nature and the environment quickly became a cornerstone of the EU Green Deal, particularly emphasised after COVID-19. This led to the adoption of the EU Biodiversity Strategy in 2022, aimed at restoring Europe’s biodiversity by 2030 for the benefit of people, climate, and the planet (European Commission, n.d.-c). Post-COVID-19, the strategy aims to enhance societal resilience against future threats such as climate change impacts, forest fires, food insecurity, and disease outbreaks.

The EU’s strategy encompasses four main actions: expanding protected areas on land and at sea by enlarging existing Natura 2000 areas with strict conservation measures for regions of high biodiversity and climate value; launching an EU Nature Restoration Plan, including the pioneering Nature Restoration Law with binding targets for specific habitats and species; introducing measures for transformative change by unlocking funding for biodiversity, enhancing governance frameworks, improving knowledge and investments, and integrating nature considerations into public and business decision-making and addressing the global biodiversity crisis by demonstrating EU leadership, particularly through promoting an ambitious global biodiversity framework under the Convention on Biological Diversity (European Commission, n.d.-c).

As early as 2022, the EU Biodiversity Strategy aimed to establish a robust EU Nature Restoration Law to spearhead global biodiversity efforts, particularly looking ahead to the upcoming COP CBD 16 (the Conference of the Parties: the Convention on Biological Diversity). The EU underscored the imperative of such legislation to enforce binding targets, transitioning from a broad strategy to a concrete legal instrument that all member states would be obliged to uphold. Furthermore, the EU sought to set a precedent internationally by championing this strategy and proposing the Nature Restoration Law at COP CBD 15, with aspirations to achieve its adoption at COP CBD 16 (Romano, 2022). International relations have been pivotal to the EU’s Biodiversity Strategy, shaping its approach and continuing to influence its endeavours in the years following the strategy’s inception.

Protecting biodiversity has quickly become a key issue, reinforced by a new discourse viewing environment and climate as two sides of the same coin. The EU officially stated on its website: 

“Weeks after the COP27 UN climate conference in Egypt and with the COP15 biodiversity conference in Canada ongoing, it is clearer than ever that the two crises – climate change and biodiversity loss – are interconnected and need to be tackled together” (European Commission, 2022b).

The United Nations refers to a ‘triple planetary crisis,’ encompassing climate change, pollution, and biodiversity loss. At COP CBD 15, a remarkable target was adopted to “restore 30% degraded ecosystems globally (on land and sea) by 2030” (European Commission, n.d.-b).

Despite the EU Biodiversity Strategy not being a regulation and awaiting the creation and adoption of the Nature Restoration Law, the EU had already aimed to make biodiversity a cornerstone of its Green Deal. They created an EU Biodiversity Strategy Actions Tracker, committing the EU and its member states to implement over 100 actions by 2030 (European Commission, n.d.-c). Moreover, the EU established a ‘targets dashboard’ to track progress on the quantified biodiversity targets set by the strategy at both EU and member state levels (European Commission, 2023). This precise tool underscores the EU’s commitment to holding itself and member states accountable.

In response to the urgent need to combat biodiversity loss, the European Commission has proposed the EU Nature Restoration Law, emphasising several compelling reasons for this initiative (European Commission, 2022a). The current state of nature within the EU is alarming, with over 80% of habitats classified as poor or in unfavourable conservation status, particularly impacting peatlands, grasslands, and dunes. Investing in nature restoration yields substantial economic benefits, with every €1 that is being invested yielding €4 to €38 in economic returns. Since 1970, wetlands have declined by 50% across Western, Central, and Eastern Europe. Up to 70% of EU soils are unhealthy, leading to an estimated annual agricultural productivity loss of EUR €1.25 billion. Over the past decade, 71% of fish and 60% of amphibian populations have decreased, and one-third of bee and butterfly species are declining, with one in ten facing extinction in the EU (European Commission, 2022a). This underscores the EU’s extensive efforts in data collection, biodiversity target tracking, and mainstreaming critical environmental issues across the continent.

The EU Nature Restoration Law represents a significant milestone and a binding instrument within the EU Biodiversity Strategy. It is the first comprehensive law of its kind at a continental level, encompassing a wide range of targets aimed at enhancing and reintroducing biodiverse habitats across ecosystems such as wetlands, forests, grasslands, rivers, lakes, heaths, scrubs, rocky habitats, and dunes to support species populations (European Commission, n.d.-d). According to the new regulation, urban areas are targeted to maintain their green space and tree cover without net loss, with a planned increase of 5% in green urban spaces by 2050 (Regulation 2022/0195, Article 8). The restoration of drained peatlands used in agriculture and forestry will be prioritised to reduce GHG emissions and enhance water quality, ensuring at least 25,000 km of free-flowing rivers by 2030 through the removal of barriers and river restoration (Regulation 2022/0195, Article 9). By 2030, the law aims to reverse the decline of pollinators and ensure a consistent increase in their populations through regular monitoring (Regulation 2022/0195, Article 10). Member States must restore drained peatlands used for agriculture, covering 30% by 2030,  40% by 2040, and 50% by 2050 (Regulation 2022/0195, Article 11). Specific goals include enhancing forest ecosystems by promoting deadwood accumulation, forest connectivity, organic carbon storage (Regulation 2022/0195, Article 12). While these specific measures are highlighted, they represent only a fraction of the 200-page legislative document, which sets forth numerous other binding targets. This shows the comprehensive nature of the law and the complexity of its implementation.

The recent adoption of the EU Nature Restoration Law holds significant international weight and exemplifies the EU’s ‘soft power’ and climate diplomacy on the global stage, aligning with the EU’s commitment to international cooperation in biodiversity restoration. This law, stemming from the 2030 Biodiversity Strategy and the Green Deal, demonstrates the EU’s dedication to preserving biodiversity and aligns with the global goal of restoring 30% of degraded ecosystems by 2030. Serving as a model, this legislation has already influenced other nations, such as Canada and Australia, and continues to do so. The EU, known for setting international precedents, further emphasizes the global nature of the biodiversity crisis and the necessity for transnational cooperation. As the law outlines extensive measures to address critical biodiversity issues, it underscores the EU’s belief that environmental restoration is an ongoing challenge.

II. The Journey of the EU’s Nature Restoration Law: Challenges, Controversies, and Political Adoption

The adoption of the EU Nature Restoration Law stands as a pivotal moment in the realm of environmental policy, characterised by a tumultuous journey through the corridors of European legislative institutions. Introduced by the European Commission on June 22, 2022, the proposal aimed to establish a comprehensive framework for nature restoration across the European Union. This ambitious initiative immediately sparked intense debate and scrutiny within the European Parliament, where it was assigned to several key committees: the Committee on the Environment, Public Health and Food Safety (ENVI), the Committee on Fisheries (PECH), and the Committee on Agriculture and Rural Development (AGRI) (European Parliament, n.d.).

However, the path towards consensus was far from smooth. By May 2023, both the AGRI and PECH committees had rejected the Commission’s initial proposal, setting the stage for prolonged deliberations and amendments within the ENVI committee. Over two crucial sessions in June 2023, on the 15th and 27th, ENVI members debated and voted on amendments to the text, culminating in a deadlock. This tied vote necessitated ENVI to present a proposal to reject the Commission’s text to the plenary of the Parliament. Despite efforts to sway opinion, the rejection proposal failed to garner sufficient support in the plenary, resulting in a narrow defeat (312 votes to 324, with 12 abstentions) on July 12, 2023 (European Parliament, n.d.).

The substantial opposition during these critical votes can be attributed largely to the stance taken by the European People’s Party (EPP), the majority party in the Parliament at the time. The EPP articulated concerns that the Nature Restoration Law, as formulated, lacked realism and risked imposing undue burdens on agricultural sectors, particularly amidst ongoing global challenges such as the Ukrainian conflict, which had heightened concerns over food security in Europe. In a press release issued on June 6, 2023, just ahead of the ENVI committee vote, the EPP expressed their reservations:

“The main instrument proposed by the law is to reduce productive land, forest, and sea areas to allow restoration, an idea similar to the Common Agricultural Policy’s set-aside, which obliges farmers to set aside 4% of their land to allow for nature recovery. While set-aside benefits nature, it also reduces food production, which raises prices. In fact, we temporarily suspended set-aside when the Russian invasion of Ukraine threatened global food security. Our farmers should produce as much as possible to help mitigate the negative consequences of the war. They deserve our gratitude, not our criticism” (EPP, 2023).

This narrative underscored the EPP’s position that any environmental legislation must be pragmatic, balancing ecological imperatives with economic realities, particularly in sectors critical to food production and security. Specific provisions of the Nature Restoration Law, such as those concerning the restoration of peatlands—an issue of contention due to its potential impact on agricultural land use—further fueled opposition among agricultural-focused MEPs and member states. The EPP, keen to preserve their traditional rural and agricultural electorate, fortified their criticism towards the Nature Restoration Law, following the Farmer’s protests in the past few years (Matthews, 2024). 

With the EPP being relatively nuanced about their problems and critiques with the Nature Restoration Law, the European Conservatives and Reformists (ECR) and the Identity and Democracy Group (ID) were even stronger opponents of the Nature Restoration Law, with the ECR aiming to diminish 10% of the original targets set. Furthermore, Renew Europe seemed to balance in the middle, seeking compromise and trying to win over rural voters for the national and European elections. The Left both had strong proponents and opponents in their ranks (Farm Europe, 2023). 

In contrast, supporters of the Nature Restoration Law, notably the Greens/European Free Alliance (Greens/EFA) group, championed its potential benefits for long-term agricultural sustainability. They criticised the EPP’s stance as short-sighted, accusing them of prioritising immediate economic gains over future environmental resilience. As early as June 2023, ahead of the ENVI committee vote, the Greens/EFA urged MEPs to reject the rejection amendment and support the Nature Restoration Law:

“Ahead of the Environment Committee vote on the Nature Restoration Law (June 15), the Greens/EFA urge all MEPs to support the agreement reached last week among progressive groups and to vote against the rejection amendment. The EPP withdrew from negotiations last week, aligning with right-wing populists and extremists, escalating their ongoing efforts to undermine the European Green Deal and prioritizing party politics over the livelihoods of European citizens” (The Greens/EFA, 2023).

The ideological clash between the EPP and the Greens/EFA encapsulated broader tensions within the European Parliament, reflecting contrasting visions for environmental policy and sustainable development. The Nature Restoration Law, with its ambitious targets and binding commitments, became a battleground for competing interests, highlighting the complexity of reconciling environmental stewardship with economic imperatives.

Despite the parliamentary hurdles, negotiations continued between the Parliament and the Council, the latter representing the member states as co-legislators. After months of deliberation and compromise, an agreement on the Nature Restoration Law was finally reached on November 9, 2023. This agreement was subsequently endorsed by the Committee of Permanent Representatives (Coreper) on November 22 and by the ENVI committee on November 29, 2023, marking significant progress in the legislative process.

However, the road to adoption was far from over. On February 27, 2024, the European Parliament formally adopted the Nature Restoration Law in plenary, albeit with a narrow majority (329 votes in favour, 275 against, and 24 abstentions) (European Parliament, n.d.). The close vote underscored the continued division and contentious nature of the debate surrounding environmental legislation within the EU.

Following its adoption by Parliament, the Nature Restoration Law faced additional challenges in the Council, where achieving the required qualified majority for validation proved elusive. Member states, including Hungary, Poland, Finland, and even Belgium under its own presidency, expressed reservations about the mandatory obligations imposed by the law (Krzysztoszek & Cagney, 2024). Hungary, in a significant last-minute move, withdrew its support for the Nature Restoration Law, citing concerns over its potential economic impact and practical implementation.

In Poland, discussions on the Nature Restoration Law sparked intense debates within the government, highlighting internal divisions over environmental policy priorities and economic interests. Despite efforts by the Belgian presidency to secure broader support, Finland also voiced opposition to the law, despite diplomatic efforts during their presidency to rally support for the text. Even within Belgium itself, where the presidency was held, internal opposition complicated efforts to achieve consensus.

Ultimately, despite these challenges, the Nature Restoration Law was adopted on June 17, 2024, marking a significant achievement amidst the complex and often contentious EU legislative process. The culmination of this legislative saga coincided with the EU Parliament elections on June 9, 2024, which saw notable shifts in political representation: the EPP gained seats while the Greens/EFA experienced losses (SECNewgate, 2024). Similarly, the Socialists & Democrats (S&D) remained relatively stable, while the liberals Renew Europe lost a significant number of seats, mostly to the more climate-sceptic party groups along the (far) right-wing spectrum such as ID and ECR (Hernández-Morales & Cokelaere, 2024). In this context, it remains to be seen if the re-elected president of the European Commission Ursula von der Leyen will be able to carry out an equally ambitious climate and nature agenda as she had in her first term in this new European political landscape. However, the adoption of the Nature Restoration Law served as a stark reminder of the enduring importance of environmental issues and the European Green Deal in shaping EU policy agendas.

Moreover, public support for the Nature Restoration Law, as evidenced by studies such as those conducted by the European Environmental Bureau (EEB), underscored its resonance among European citizens. High levels of support in countries like Italy (85%), Hungary (83%), and Poland (72%) reflected a broad endorsement of the law’s objectives and reinforced the principle that public sentiment should guide policy decisions, countering populist narratives that prioritised short-term economic considerations over long-term environmental sustainability (European Environmental Bureau, 2024).

The adoption of the EU Nature Restoration Law represents not only a legislative triumph but also a testament to the EU’s commitment to environmental stewardship and biodiversity conservation. The law’s journey through the European Parliament and Council underscored the complexities and challenges inherent in navigating diverse national interests and ideological differences. Moving forward, the implementation and enforcement of the Nature Restoration Law will be crucial in realising its intended environmental benefits and ensuring a sustainable future for Europe and its citizens.

Conclusion 

The Nature Restoration Law marks a significant step towards a greener and more nature-friendly future for Europe. It sets a precedent for international policies, laws and regulations for nature conservation, restoration and more responsible fishery, deforestation and agricultural activities. 

It must be noted that while the Nature Restoration Law has the potential to alter the future of Europe’s nature and environment, the law did not pass through easily. It was met with fierce resistance from several parts of the political spectrum, and it had to go through various alterations, amendments and reservations in order to be formally adopted. However, the adoption of the Law can be considered a significant milestone and a remarkable achievement of the progressive and green undercurrent in European policy-making. 

While the adoption sparks hope for a greener and more nature-friendly future in Europe, several hurdles still need to be overcome in order for the Law to be implemented. The European elections and several recent national elections show a shift towards more conservative voting, including the rise of far-right climate-sceptic movements. Furthermore, the EU and its member states need to balance the implementation of the Law with the growing resentment of the agricultural sector. The EU and national governments need to make sure that the Nature Restoration Law, climate-friendly farming and the sustainability of the agricultural industries in Europe go hand in hand. This delicate task will be challenging and requires tailor-made solutions. It could require structural reforms in the EU’s Common Agricultural Policy. 

Geopolitical tensions, the situation in Ukraine and unstable political situations in the key member states of the EU, namely France and Germany, might further complicate the implementation of the Nature Restoration Law and exacerbate the risk that the Law will not be the top priority on the political agenda of the European Union. However, the green and progressive movement in the EU as well as the European member states, should capitalise on the momentum of the Law’s adoption and make sure that Europe guides itself towards a nature-friendly and green future. 

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