Regulation (EU) 2024/1991 of the European Parliament and of the Council of 24 June 2024 on nature restoration and amending Regulation (EU) 2022/869 (Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (2),

Acting in accordance with the ordinary legislative procedure (3),

Whereas:

(1) It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery of biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union’s climate change mitigation and climate change adaptation objectives.

(2) The communication of the Commission of 11 December 2019 entitled ‘The European Green Deal’ (the ‘European Green Deal’) sets out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. As part of the European Green Deal, the communication of the Commission of 20 May 2020 entitled ‘EU Biodiversity Strategy for 2023 Bringing nature back into our lives’ sets out the EU Biodiversity Strategy for 2030.

(3) The Union and its Member States are parties to the Convention on Biological Diversity (4). As such, they are committed to the long-term strategic vision, adopted at the tenth meeting of the Conference of the Parties to that Convention on 18-29 October 2010 by Decision X/2 Strategic Plan for Biodiversity 2011-2020, that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people.

(4) The Global Biodiversity Framework, adopted at the fifteenth meeting of the Conference of the Parties to the Convention on Biological Diversity on 7-19 December 2022, sets out action-oriented global targets for urgent action over the decade to 2030. Target 1 is to ensure that all areas are under participatory, integrated and biodiversity inclusive spatial planning and/or effective management processes addressing land and sea use change; to bring the loss of areas of high biodiversity importance, including ecosystems of high ecological integrity, close to zero by 2030 while respecting the rights of indigenous peoples and local communities, as set out in the United Nations (UN) Declaration on the Rights of Indigenous Peoples. Target 2 is to ensure that, by 2030, at least 30 % of areas of degraded terrestrial, inland water, and marine and coastal ecosystems are under effective restoration, in order to enhance biodiversity and ecosystem functions and services, ecological integrity and connectivity. Target 11 is to restore, maintain and enhance nature’s contributions to people, including ecosystem functions and services, such as the regulation of air, water and climate, soil health, pollination and reduction of disease risk, as well as protection from natural hazards and disasters, through nature-based solutions and/or ecosystem-based approaches for the benefit of all people and nature. The Global Biodiversity Framework will enable progress towards the achievement of the outcome-oriented goals for 2050.

(5) The UN Sustainable Development Goals, in particular goals 14.2, 15.1, 15.2 and 15.3, refer to the need to ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands.

(6) In its resolution of 1 March 2019, the UN General Assembly proclaimed 2021-2030 as the UN decade on ecosystem restoration, with the aim of supporting and scaling-up efforts to prevent, halt and reverse the degradation of ecosystems worldwide and raise awareness of the importance of ecosystem restoration.

(7) The EU Biodiversity Strategy for 2030 aims to ensure that Europe’s biodiversity will be put on the path to recovery by 2030 for the benefit of people, the planet, the climate and our economy. It sets out an ambitious EU Nature Restoration Plan with a number of key commitments, including a commitment to put forward a proposal for legally binding EU nature restoration targets to restore degraded ecosystems, in particular those with the most potential to capture and store carbon, and to prevent and reduce the impact of natural disasters.

(8) In its resolution of 9 June 2021 on the EU Biodiversity Strategy for 2030, the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free-flowing rivers, coastal areas and marine ecosystems.

(9) In its conclusions of 23 October 2020, the Council acknowledged that preventing further decline of the current state of biodiversity and nature will be essential, but not sufficient to bring nature back into our lives. The Council reaffirmed that more ambition on nature restoration is needed, as proposed by the new EU Nature Restoration Plan, which includes measures to protect and restore biodiversity beyond protected areas. The Council also stated that it awaited a proposal for legally binding nature restoration targets, subject to an impact assessment.

(10) The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old-growth forests. The criteria and guidance for the designation of additional protected areas by Member States (the ‘Criteria and Guidance’), developed by the Commission in 2022, in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and Guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and Guidance that all Member States are expected to contribute towards meeting the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration.

(11) The EU Biodiversity Strategy for 2030 sets out a target of ensuring that there is no deterioration in conservation trends or in the status of protected habitats and species and that at least 30 % of species and habitats not currently in favourable status will fall into that category or show a strong positive trend towards falling into that category by 2030. The guidance developed by the Commission in cooperation with Member States and stakeholders to support meeting these targets highlights that maintenance and restoration efforts are likely to be required for most of those habitats and species, either by halting their current negative trends by 2030 or by maintaining current stable or improving trends, or by preventing the decline of habitats and species with a favourable conservation status. That guidance further emphasises that those restoration efforts primarily need to be planned, implemented and coordinated at national or regional level and that, in selecting and prioritising the species and habitats to be improved by 2030, synergies with other Union and international targets, in particular environmental or climate policy targets, are to be sought.

(12) The Commission’s Report on the state of nature in the European Union of 15 October 2020 (the ‘2020 State of Nature Report’) noted that the Union has not yet managed to stem the decline of protected habitat types and species whose conservation is of concern to the Union. That decline is caused mostly by the abandonment of extensive agriculture, intensifying management practices, the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation. Furthermore, invasive alien species and climate change represent major and growing threats to native Union fauna and flora.

(13) The European Green Deal will lead to a progressive and profound transformation of the economy of the Union and its Member States, which in turn will have a strong bearing on the Union’s external action. It is important that the Union uses its trade policy and extensive network of trade agreements to engage with partners on the protection of the environment and biodiversity also globally, while promoting a level playing field.

(14) It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics.

(15) The UN Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA) at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking that information to economic and other human activity.

(16) Securing biodiverse ecosystems and tackling climate change are intrinsically interlinked. Nature and nature-based solutions, including natural carbon stocks and sinks, are fundamental for fighting the climate crisis. At the same time, the climate crisis is already a driver of terrestrial and marine ecosystem change, and the Union needs to prepare for the increasing intensity, frequency and pervasiveness of its effects. The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global warming of 1,5 oC pointed out that some impacts may be long-lasting or irreversible. The IPCC Sixth Assessment Report states that restoring ecosystems will be fundamental in helping to combat climate change and also in reducing risks to food security. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) in its 2019 Global Assessment Report on Biodiversity and Ecosystem Services considered climate change a key driver of change in nature, and it expected impacts of climate change to increase over the coming decades, in some cases surpassing the impact of other drivers of ecosystem change such as changed land and sea use.

(17) Regulation (EU) 2021/1119 of the European Parliament and of the Council (5) sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and to prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks. The restoration of ecosystems can make an important contribution to maintaining, managing and enhancing natural sinks and to increasing biodiversity while fighting climate change. Regulation (EU) 2021/1119 also requires relevant Union institutions and the Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. It also requires Member States to integrate adaptation in all policy areas and promote ecosystem-based adaptation and nature-based solutions. Nature-based solutions are solutions that are inspired and supported by nature, that are cost-effective, and that simultaneously provide environmental, social and economic benefits and help build resilience. Such solutions bring more, and more diverse, nature and natural features and processes into cities, landscapes and seascapes, through locally adapted, resource-efficient and systemic interventions. Nature-based solutions need to therefore benefit biodiversity and support the delivery of a range of ecosystem services.

(18) The communication of the Commission of 24 February 2021 entitled ‘Forging a climate-resilient Europe - the new EU Strategy on Adaptation to Climate Change’ emphasises the need to promote nature-based solutions and recognises that cost-effective adaptation to climate change can be achieved by protecting and restoring wetlands and peatlands as well as coastal and marine ecosystems, by developing urban green spaces and installing green roofs and walls and by promoting and sustainably managing forests and farmland. Having a greater number of biodiverse ecosystems leads to higher resilience to climate change and provides more effective forms of disaster reduction and prevention.

(19) Union climate policy is being revised in order to follow the pathway set out in Regulation (EU) 2021/1119 to reduce net greenhouse gas emissions (emissions after deduction of removals) by at least 55 % compared to 1990 levels by 2030. In particular, Regulation (EU) 2023/839 of the European Parliament and of the Council (6) aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns objectives regarding accounting of emissions and removals from the land use, land use change and forestry (LULUCF) sector with related policy initiatives on biodiversity. That Regulation emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals of land subject to protection and restoration. In that context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition in order to be able to capture and store carbon effectively.

(20) As indicated by the communication of the Commission of 23 March 2022 entitled ‘Safeguarding food security and reinforcing the resilience of food systems’, geo-political developments have further underlined the need to safeguard the resilience of food systems. Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the Union’s long-term sustainability and resilience.

(21) In the final report of the Conference on the Future of Europe of May 2022, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education and dialogues on environment, climate change, energy use, and sustainability.

(22) The restoration of ecosystems, coupled with efforts to reduce wildlife trade and consumption, will also help prevent and build up resilience to possible future communicable diseases with zoonotic potential, therefore decreasing the risk of outbreaks and pandemics, and contribute to support the Union’s and global efforts to apply the One Health approach, which recognises the intrinsic connection between human health, animal health and a healthy and resilient nature.

(23) Soils are an integral part of terrestrial ecosystems. The communication of the Commission of 17 November 2021 entitled ‘EU Soil Strategy for 2030 Reaping the benefits of healthy soils for people, food, nature and climate’ outlines the need to restore degraded soils and enhance soil biodiversity. The Global Mechanism, a body set up under the United Nations Convention to combat desertification in those countries experiencing serious drought and/or desertification, particularly in Africa (7), and the secretariat of that Convention have established the Land Degradation Neutrality Target Setting Programme to assist countries to achieve land degradation neutrality by 2030.

(24) Council Directive 92/43/EEC (8) and Directive 2009/147/EC of the European Parliament and of the Council (9) aim to ensure the long-term protection, conservation and survival of Europe’s most valuable and threatened species and habitats as well as the ecosystems of which they are part. Natura 2000, which was established in 1992 and is the largest coordinated network of protected areas in the world, is the key instrument implementing the objectives of those two Directives. This Regulation should apply to the European territory of the Member States to which the Treaties apply, thereby aligning with Directives 92/43/EEC and 2009/147/EC and also with Directive 2008/56/EC of the European Parliament and of the Council (10).

(25) The Commission has developed a framework and guidance for the determination of good condition of habitat types protected under Directive 92/43/EEC and the determination of sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and for all ecosystems to recover. Therefore, in order to enhance biodiversity at the scale of wider ecosystems, additional obligations should be established that are based on specific indicators.

(26) Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000 sites.

(27) Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline to achieve that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union.