Nature Restoration Regulation

Introduction

Regulation (EU) 2024/1991 on nature restoration (the Nature Restoration Law) is a landmark legislative act under the European Green Deal. It represents the first continent-wide, comprehensive law of its kind, aiming to restore degraded ecosystems across the European Union. The Regulation is designed to contribute to the continuous, long-term, and sustained recovery of biodiverse and resilient nature across the EU's land and sea areas, supporting the Union’s climate mitigation and adaptation objectives and meeting international commitments under the Kunming-Montreal Global Biodiversity Framework.

This Regulation builds upon existing environmental legislation, such as the Birds Directive (2009/147/EC) and the Habitats Directive (92/43/EEC), but moves beyond mere protection to active restoration. It establishes a framework for Member States to put in place effective and area-based restoration measures.

Main Goal

The overarching objective is to jointly cover at least 20% of the Union's land areas and 20% of its sea areas with restoration measures by 2030, and to restore all ecosystems in need of restoration by 2050.

Who It Applies To

The primary obligation lies with EU Member States, who must draft and implement National Restoration Plans. However, the implementation of these plans directly impacts:

• Agricultural Sector: Farmers and landowners.
• Forestry Sector: Forest owners and managers.
• Marine Sector: Fisheries and aquaculture operators.
• Urban Planning: Municipalities and developers.
• Energy Sector: Renewable energy developers (though with specific derogations).
• Industry: Extractive industries (peat, mining).

Key Provisions

• Terrestrial, Coastal, and Freshwater Ecosystems: Member States must put in place restoration measures for specific habitat types (Annex I) to improve them to good condition.
• Marine Ecosystems: Restoration of marine habitats (Annex II) such as seagrass beds and coral reefs, and habitats of marine species.
• Urban Ecosystems: No net loss of urban green space by 2030, followed by an increasing trend.
• River Connectivity: Identify and remove artificial barriers to restore at least 25,000 km of rivers into free-flowing rivers by 2030.
• Pollinators: Reverse the decline of pollinator populations by 2030 and achieve an increasing trend thereafter.
• Agricultural Ecosystems: Enhance biodiversity (e.g., grassland butterflies, organic carbon in soils, high-diversity landscape features) and restore drained peatlands.
• Forest Ecosystems: Enhance biodiversity indicators (e.g., deadwood, bird index, stock of organic carbon) and contribute to the planting of 3 billion additional trees by 2030.

Exemptions and Flexibilities

• Renewable Energy: Planning and construction of renewable energy plants and grids are presumed to be of overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available for certain derogations.
• National Defense: Areas used for national defense may be exempted if restoration is incompatible with military use.
• Force Majeure: Derogations allowed for deterioration caused by natural disasters or unavoidable climate change transformations.
• Emergency Brake: Provisions to temporarily suspend rewetting targets for agricultural peatlands in exceptional circumstances related to food security.

Key Dates

• Entry into Force: 18 August 2024.
• Draft National Restoration Plans: Due by 1 September 2026.
• 2030 Targets: Restoration measures on at least 30% of habitats not in good condition; reverse pollinator decline; 25,000 km free-flowing rivers.
• 2040 Targets: Restoration measures on at least 60% of habitats not in good condition.
• 2050 Targets: Restoration measures on at least 90% of habitats not in good condition.

Penalties

The Regulation acts upon Member States. Non-compliance by a Member State can lead to infringement proceedings by the European Commission and financial penalties imposed by the Court of Justice of the EU. For businesses, penalties will be defined by national laws enacted to implement the National Restoration Plans.