EU Passes Landmark Nature Restoration Law Despite Resistance from Italy and Other Member States

The EU gives final approval to the first law on nature restoration.

After months of deadlock, Environment ministers have confirmed the agreement with the European Parliament on the divisive regulation proposed in June 2022 by the European Commission to restore already degraded natural areas, a key piece of the Green Deal. Italy voted against alongside Hungary, the Netherlands, Poland, Finland, and Sweden, with only Belgium abstaining.

The regulation proposal is one of the key pillars of the EU Biodiversity Strategy and aims to align the European Union with the international commitments made in the Kunming-Montreal agreement on biodiversity. It is innovative because it not only regulates the protection of natural areas but also aims to restore already degraded ones through a three-stage roadmap – 30% of each ecosystem must undergo restoration measures by 2030, 60% by 2040, and 90% by 2050.

Governments must develop national restoration plans to report periodically to the European Commission on how they intend to meet the objectives. Overall, the rules require EU Member States to define and implement measures to restore at least 20% of the EU’s terrestrial and marine areas by 2030.

With concerns about food security due to the war in Ukraine and repeated protests from farmers, the proposal has been a political target for months at the European Parliament and various Member States, leading to delays in adoption.

Today’s approval was made possible by the change in position of the Austrian government, which initially stated its intention to abstain on the issue but announced yesterday that it would vote in favor. With Vienna’s approval – albeit splitting the government – a qualified majority was reached in the Council, achieved when at least 15 EU countries (out of 27) representing at least 65% of the population vote in favor.

The final agreement reached in November by the EU Parliament and Council – confirmed today by the ministers – effectively includes an ’emergency brake’ to address concerns about food security, setting 2033 as the date for the Commission to review and evaluate the regulation’s application and impact on the agricultural, fishing, and forestry sectors. Furthermore, with an implementing act, the EU Commission has the power to suspend the implementation of rules relating to agricultural ecosystems for up to a year in case of “severe community-level consequences for food security.”

Immediately after the vote, European Environment Commissioner Virginijus Sinkevicius congratulated the ministers on the “historic result” and for having the “courage to defend” the agreement.

Austria Likely to Challenge Nature Law

The Austrian government coalition is in crisis over the EU law on nature restoration. Chancellor Karl Nehmanner has announced that he will file an annulment appeal before the European Court of Justice regarding the regulation just passed by the EU Environment Council due to Austria’s decisive support.

During the meeting in Luxembourg, Austrian Environment Minister Leonore Gewessler – from the Green party within the coalition – voted in favor of the regulation, overturning the balance in the Council and going against the will of the Austrian People’s Party (OVP) led by the Chancellor, which heads the coalition.

OVP confirmed the appeal to the EU Court, believing that the minister acted “illegally” by disregarding regional concerns regarding the law, which – as Austria is a federal state – should have been taken into account.

EU Rules Out Backtracking on Nature Law Approval

Despite the Austrian Chancellor’s intentions to challenge the final approval of the regulation for nature and ecosystem restoration following the favorable vote by one of his ministers, Brussels rules out any reversal of the voting outcome.

Minister Gewessler – clarifies a EU source – represents Austria, and the vote she cast today at the environment ministers’ meeting “is legally binding.” According to the same source, the legal service of the Council has also confirmed this.