[co-author: Matt Steven]
The European Commission announced recently that it seeks feedback on proposals to adopt new regulations which establish the framework for achieving EU-wide 'climate neutrality' by reducing greenhouse gas emissions to net zero by 2050 (the "EU Climate Law"). The proposed law would effectively amend Regulation (EU) 2018/1999 (European Climate Law) to ensure consistency with the new framework.
The proposed law, which would be directly applicable in all Member States, is a key component of the European Green Deal. It is part of a suite of EU regulatory proposals designed to achieve a successful transition towards the EU's net zero goals.
What do you need to know?
- The 2050 emissions target becomes legally binding: EU institutions and Member States will be obliged to take 'necessary steps' to meet the 'climate neutrality' target.
- A new interim target for emissions reduction by 2030: By September 2020, the Commission will review the current 2030 target, with a proposed changed target for emission reduction of 50-55% compared to 1990 levels instead of the current target of 40%. By June 2021, the Commission will assess how legislation implementing the current target must be updated to reflect the new target.
- Continuous progress measures: EU institutions and Member States will be required to ensure continuous progress in strengthening resilience and reducing vulnerability to climate change through the development and implementation of adaptation strategies, plans and risk management frameworks.
- Provisions to 'empower' public action: The Commission commits to empowering communities and stakeholders to take action on issues to progress climate-neutrality and climate-resilience. This includes the right to be consulted at a local, regional and national level.
- Progress to be reviewed every five years: By September 2023 and every five years thereafter, the Commission will assess the collective progress made towards achieving EU-wide climate neutrality. If implementation is seen as inadequate or progress is insufficient in light of such an assessment, the Commission is empowered to take necessary measures in accordance with the Treaties – this leaves the door open for even tougher cuts.
- Member States must justify non-compliance: Where a Member State has implemented measures that are inconsistent with the EU Climate Law's objective, the Commission may issue publically available recommendations. Should the Member State not address such a recommendation, it must provide its reasoning.
The consultation
The consultation is open for submissions until 1 May 2020. It offers an opportunity for all stakeholders to provide feedback on the EU Climate Law. Input provided will be presented to the EU Parliament and Council and will inform the debate around the proposed legislative changes. You can make direct submissions here.
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