Legal provisions of COM(2022)304 - Nature restoration

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This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2022)304 - Nature restoration.
document COM(2022)304
date June 24, 2024


CHAPTER I

GENERAL PROVISIONS

Article 1

Subject matter

1. This Regulation lays down rules to contribute to:

(a)the long-term and sustained recovery of biodiverse and resilient ecosystems across the Member States’ land and sea areas through the restoration of degraded ecosystems;

(b)achieving the Union’s overarching objectives concerning climate change mitigation, climate change adaptation and land degradation neutrality;

(c)enhancing food security;

(d)meeting the Union’s international commitments.

2. This Regulation establishes a framework within which Member States shall put in place effective and area-based restoration measures with the aim to jointly cover, as a Union target, throughout the areas and ecosystems within the scope of this Regulation, at least 20 % of land areas and at least 20 % of sea areas by 2030, and all ecosystems in need of restoration by 2050.

Article 2

Geographical scope

This Regulation applies to ecosystems as referred to in Articles 4 to 12:

(a)in the territory of the Member States;

(b)in the coastal waters, as defined in Article 2, point (7), of Directive 2000/60/EC, of the Member States, their seabed or their subsoil;

(c)in waters, the seabed or subsoil on the seaward side of the baseline from which the extent of the territorial waters of a Member State is measured, extending to the outmost reach of the area where a Member State has or exercises sovereign rights or jurisdiction, in accordance with the 1982 United Nations Convention on the Law of the Sea (42).

This Regulation applies only to ecosystems in the European territory of the Member States to which the Treaties apply.

Article 3

Definitions

For the purposes of this Regulation, the following definitions apply:

(1)‘ecosystem’ means a dynamic complex of plant, animal, fungi and microorganism communities and their non-living environment, interacting as a functional unit, and includes habitat types, habitats of species and species populations;

(2)‘habitat of a species’ means habitat of a species as defined in Article 1, point (f), of Directive 92/43/EEC;

(3)‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem in order to improve its structure and functions, with the aim of conserving or enhancing biodiversity and ecosystem resilience, through improving an area of a habitat type to good condition, re-establishing favourable reference area, and improving a habitat of a species to sufficient quality and quantity in accordance with Article 4(1), (2) and (3) and Article 5(1), (2) and (3), and meeting the targets and fulfilling the obligations under Articles 8 to 12, including reaching satisfactory levels for the indicators referred to in Articles 8 to 12;

(4)‘good condition’ means, as regards an area of a habitat type, a state where the key characteristics of the habitat type, in particular its structure, functions and typical species or typical species composition reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance and thus contribute to reaching or maintaining favourable conservation status for a habitat, where the habitat type concerned is listed in Annex I to Directive 92/43/EEC, and, in marine ecosystems, contribute to achieving or maintaining good environmental status;

(5)‘good environmental status’ means good environmental status as defined in Article 3, point (5), of Directive 2008/56/EC;

(6)‘favourable conservation status for a habitat’ means favourable conservation status within the meaning of Article 1, point (e), of Directive 92/43/EEC;

(7)‘favourable conservation status for a species’ means favourable conservation status within the meaning of Article 1, point (i), of Directive 92/43/EEC;

(8)‘favourable reference area’ means the total area of a habitat type in a given biogeographical or marine region at national level that is considered the minimum necessary to ensure the long-term viability of the habitat type and its typical species or typical species composition, and all the significant ecological variations of that habitat type in its natural range, and which is composed of the current area of the habitat type and, if that area is not sufficient for the long-term viability of the habitat type and its typical species or typical species composition, the additional area necessary for the re-establishment of the habitat type; where the habitat type concerned is listed in Annex I to Directive 92/43/EEC, such re-establishment contributes to reaching favourable conservation status for a habitat and, in marine ecosystems, such re-establishment contributes to achieving or maintaining good environmental status;

(9)‘sufficient quality of habitat’ means the quality of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status for a species listed in Annex II, IV or V to Directive 92/43/EEC and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status;

(10)‘sufficient quantity of habitat’ means the quantity of a habitat of a species which allows the ecological requirements of a species to be met at any stage of its biological cycle so that it is maintaining itself on a long-term basis as a viable component of its habitat in its natural range, contributing to reaching or maintaining favourable conservation status for a species listed in Annex II, IV or V to Directive 92/43/EEC and securing populations of wild bird species covered by Directive 2009/147/EC and, in addition, in marine ecosystems, contributing to achieving or maintaining good environmental status;

(11)‘very common and widespread habitat type’ means a habitat type that occurs in several biogeographical regions in the Union with a range exceeding 10 000 km2;

(12)‘pollinator’ means a wild insect which transports pollen from the anther of a plant to the stigma of a plant, enabling fertilisation and the production of seeds;

(13)‘decline of pollinator populations’ means a decrease in abundance or diversity, or both, of pollinators;

(14)‘native tree species’ means a tree species occurring within its natural range, past or present, and dispersal potential, i.e. within the range it occupies naturally or could occupy without direct or indirect introduction or care by humans;

(15)‘local administrative unit’ or ‘LAU’ means a low-level administrative division of a Member State, below that of a province, region or state, established in accordance with Article 4 of Regulation (EC) No 1059/2003 of the European Parliament and of the Council (43);

(16)‘urban centres’ and ‘urban clusters’ means territorial units classified in cities and towns and suburbs using the grid-based typology established in accordance with Article 4b(2) of Regulation (EC) No 1059/2003;

(17)‘cities’ means LAUs where at least 50 % of the population lives in one or more urban centres, measured using the degree of urbanisation established in accordance with Article 4b(3), point (a), of Regulation (EC) No 1059/2003;

(18)‘towns and suburbs’ means LAUs where less than 50 % of the population lives in an urban centre, but at least 50 % of the population lives in an urban cluster, measured using the degree of urbanisation established in accordance with Article 4b(3), point (a), of Regulation (EC) No 1059/2003;

(19)‘peri-urban areas’ means areas adjacent to urban centres or urban clusters, including at least all areas within 1 kilometre measured from the outer limits of those urban centres or urban clusters, and located in the same city or the same town and suburb as those urban centres or urban clusters;

(20)‘urban green space’ means the total area of trees, bushes, shrubs, permanent herbaceous vegetation, lichens and mosses, ponds and watercourses found within cities or towns and suburbs, calculated on the basis of data provided by the Copernicus Land Monitoring Service under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

(21)‘urban tree canopy cover’ means the total area of tree cover within cities and towns and suburbs, calculated on the basis of the Tree Cover Density data provided by the Copernicus Land Monitoring Service under the Copernicus component of the Union Space Programme, established by Regulation (EU) 2021/696, and, if available for the Member State concerned, other appropriate supplementary data provided by that Member State;

(22)‘free-flowing river’ means a river or a stretch of river the longitudinal, lateral and vertical connectivity of which is not hindered by artificial structures forming a barrier and the natural functions of which are largely unaffected;

(23)‘rewetting peatland’ means the process of changing a drained peat soil towards a wet peat soil;

(24)‘renewables acceleration area’ means renewables acceleration area as defined in Article 2, point (9a), of Directive (EU) 2018/2001.

CHAPTER II

RESTORATION TARGETS AND OBLIGATIONS

Article 4

Restoration of terrestrial, coastal and freshwater ecosystems

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex I which are not in good condition. Such restoration measures shall be put in place:

(a)by 2030 on at least 30 % of the total area of all habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 15;

(b)by 2040 on at least 60 % and by 2050, on at least 90 % of the area of each group of habitat types listed in Annex I that is not in good condition, as quantified in the national restoration plan referred to in Article 15.

For the purpose of this paragraph, Member States shall, as appropriate, until 2030 give priority to restoration measures in areas that are located in Natura 2000 sites.

2. By way of derogation from paragraph 1, first subparagraph, points (a) and (b), Member States may, where duly justified and for the purposes of that paragraph, exclude from the relevant group of habitat types very common and widespread habitat types that cover more than 3 % of their European territory.

Where a Member State applies the derogation referred to in the first subparagraph, the Member State shall put in place restoration measures:

(a)by 2050 on an area representing at least 80 % of the area that is not in good condition for each of those habitat types;

(b)by 2030 on at least one third of the percentage referred to in point (a); and

(c)by 2040 on at least two thirds of the percentage referred to in point (a).

The derogation referred to in the first subparagraph shall only be applied if it is ensured that the percentage referred to in point (a) of the second subparagraph does not prevent the favourable conservation status for each of those habitat types, from being reached or maintained at national biogeographical level.

3. If a Member State applies the derogation pursuant to paragraph 2, the obligation set out in paragraph 1, first subparagraph, point (a), shall apply to the total area of all remaining habitat types listed in Annex I that is not in good condition and the obligation set out in paragraph 1, first subparagraph, point (b), shall apply to the remaining areas of the relevant groups of habitat types listed in Annex I that are not in good condition.

4. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the total favourable reference area for each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.

5. By way of derogation from paragraph 4 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member State concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.

6. If a Member State applies the derogation pursuant to paragraph 5 to specific habitat types, the obligation set out in paragraph 4 shall apply to the remaining habitat types that are part of the groups of habitat types listed in Annex I to which those specific habitat types belong.

7. Member States shall put in place restoration measures for the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the terrestrial, coastal and freshwater habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 4 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

8. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 4 and 7 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I to this Regulation, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1, point (e), of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 7 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, and where appropriate taking into account the diversity of situations in various regions as referred to in Article 14(16), point (c), of this Regulation.

9. Member States shall ensure, by 2030 at the latest, that the condition of habitat types is known for at least 90 % of the area distributed over all habitat types listed in Annex I and that by 2040, the condition of all areas of habitat types listed in Annex I is known.

10. The restoration measures referred to in paragraphs 1 and 4 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 7 that occur in those habitat types.

11. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 4 and 7 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 7, until the sufficient quality of those habitats is reached.

Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.

12. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex I to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 17 of this Article.

13. With regard to paragraphs 11 and 12 of this Article, outside Natura 2000 sites, Member States may, in the absence of alternatives, apply the non-deterioration requirements set out in those paragraphs at the level of each biogeographical region of their territory for each habitat type and each habitat of species, provided that the Member State concerned notifies its intention to apply this paragraph to the Commission by 19 February 2025 and fulfils the obligations set out in Article 15(3), point (g), Article 20(1) point (j), Article 21(1) and Article 21(2), point (b).

14. Outside Natura 2000 sites, the obligation set out in paragraph 11 shall not apply to deterioration caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change;

(c)a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or

(d)action or inaction by third countries for which the Member State concerned is not responsible.

15. Outside Natura 2000 sites, the obligation set out in paragraph 12 shall not apply to deterioration caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change;

(c)a plan or project of overriding public interest for which no less damaging alternative solutions are available; or

(d)action or inaction by third countries for which the Member State concerned is not responsible.

16. Within Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 11 and 12 is justified if it is caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change; or

(c)a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC.

17. Member States shall ensure that there is:

(a)an increase of the area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

(b)an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species listed in Annexes II, IV and V to Directive 92/43/EEC and of the species falling within the scope of Directive 2009/147/EC.

Article 5

Restoration of marine ecosystems

1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such restoration measures shall be put in place:

(a)by 2030, on at least 30 % of the total area of groups 1 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15;

(b)by 2040, on at least 60 % and, by 2050, on at least 90 % of the area of each of the groups 1 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15;

(c)by 2040, on at least two thirds of the percentage referred to in point (d) of this paragraph of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15; and

(d)by 2050, on a percentage, identified in accordance with Article 14(3), of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 15.

The percentage referred to in the first subparagraph, point (d), of this Article shall be set so as not to prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained.

2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types in groups 1 to 6 listed in Annex II in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the favourable reference area for each group of habitat types, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.

3. By way of derogation from paragraph 2 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member State concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.

4. If a Member State applies the derogation pursuant to paragraph 3 to specific habitat types, the obligation set out in paragraph 2 shall apply to the remaining additional surface needed to reach the favourable reference area of each group of habitat types listed in Annex II to which those specific habitat types belong.

5. Member States shall put in place restoration measures for the marine habitats of species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 2 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.

6. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 5 of this Article shall be based on the best available knowledge and the latest technical and scientific progress in determining the condition of the habitat types listed in Annex II to this Regulation and the quality and quantity of the habitats of the species referred to in paragraph 5 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC, Article 12 of Directive 2009/147/EC and Article 17 of Directive 2008/56/EC.

7. Member States shall ensure that the condition is known of the following areas:

(a)by 2030, for at least 50 % of the area distributed over all habitat types in groups 1 to 6 listed in Annex II;

(b)by 2040, for all areas of the habitat types in groups 1 to 6 listed in Annex II;

(c)by 2040, for at least 50 % of the area distributed over all habitat types in group 7 listed in Annex II;

(d)by 2050, for all areas of the habitat types in group 7 listed in Annex II.

8. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved ecological coherence and connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 5 that occur in those habitat types.

9. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 5 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 5, until the sufficient quality of those habitats is reached.

Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.

10. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex II to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 14 of this Article.

11. Outside Natura 2000 sites, the obligation set out in paragraph 9 shall not apply to deterioration caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change;

(c)a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or

(d)action or inaction by third countries for which the Member State concerned is not responsible.

12. Outside Natura 2000 sites, the obligation set out in paragraph 10 shall not apply to deterioration caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change;

(c)a plan or project of overriding public interest, for which no less damaging alternative solutions are available; or

(d)action or inaction by third countries for which the Member State concerned is not responsible.

13. Within Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 9 and 10 is justified if it is caused by:

(a)force majeure, including natural disasters;

(b)unavoidable habitat transformations which are directly caused by climate change; or

(c)a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC.

14. Member States shall ensure that there is:

(a)an increase of the area in good condition for habitat types of groups 1 to 6 of the habitat types listed in Annex II until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;

(b)an increase of the area in good condition for habitat types of group 7 of the habitat types listed in Annex II until at least the percentage, referred to in paragraph 1, first subparagraph, point (d), is in good condition and until the favourable reference area for each habitat type in each biogeographical region of the Member State concerned is reached;

(c)an increasing trend towards the sufficient quality and quantity of the marine habitats of the species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and of the species falling within the scope of Directive 2009/147/EC.

Article 6

Energy from renewable sources

1. For the purposes of Article 4(14) and (15) and Article 5(11) and (12), the planning, construction and operation of plants for the production of energy from renewable sources, their connection to the grid and the related grid itself, and storage assets shall be presumed to be in the overriding public interest. Member States may exempt them from the requirement that no less damaging alternative solutions are available under Article 4(14) and (15) and Article 5(11) and (12), provided that:

(a)a strategic environmental assessment has been carried out in accordance with the conditions set out in Directive 2001/42/EC of the European Parliament and of the Council (44); or

(b)they have been subject to an environmental impact assessment in accordance with the conditions set out in Directive 2011/92/EU of the European Parliament and of the Council (45).

2. Member States may restrict in duly justified and specific circumstances the application of paragraph 1 to certain parts of their territory as well as to certain types of technologies or to projects with certain technical characteristics in accordance with the priorities set in their integrated national energy and climate plans pursuant to Regulation (EU) 2018/1999.

If Member States apply restrictions pursuant to the first subparagraph, they shall inform the Commission about those restrictions and justify them.

Article 7

National defence

1. When putting in place restoration measures for the purposes of Article 4(1), (4) or (7) or Article 5(1), (2) or (5), Member States may exempt areas used for activities the sole purpose of which is national defence if those measures are deemed to be incompatible with the continued military use of the areas in question.

2. For the purposes of Article 4(14) and (15) and Article 5(11) and (12), Member States may provide that plans and projects the sole purpose of which is national defence are presumed to be in the overriding public interest.

For the purposes of Article 4(14) and (15) and Article 5(11) and (12), Member States may exempt plans and projects the sole purpose of which is national defence from the requirement that no less damaging alternative solutions are available. However, where a Member State applies that exemption, the Member State shall put in place measures, as far as reasonable and practicable, with the aim to mitigate the impact of those plans and projects on habitat types.

Article 8

Restoration of urban ecosystems

1. By 31 December 2030, Member States shall ensure that there is no net loss in the total national area of urban green space and of urban tree canopy cover in urban ecosystem areas, determined in accordance with Article 14(4), compared to 2024. For the purposes of this paragraph, Member States may exclude from those total national areas the urban ecosystem areas in which the share of urban green space in the urban centres and urban clusters exceeds 45 % and the share of urban tree canopy cover exceeds 10 %.

2. From 1 January 2031, Member States shall achieve an increasing trend in the total national area of urban green space, including through the integration of urban green space into buildings and infrastructure, in urban ecosystem areas, determined in accordance with Article 14(4), measured every six years from 1 January 2031, until a satisfactory level as set in accordance with Article 14(5) is reached.

3. Member States shall achieve, in each urban ecosystem area, determined in accordance with Article 14(4), an increasing trend of urban tree canopy cover, measured every six years from 1 January 2031, until the satisfactory level identified as set in accordance with Article 14(5) is reached.

Article 9

Restoration of the natural connectivity of rivers and natural functions of the related floodplains

1. Member States shall make an inventory of artificial barriers to the connectivity of surface waters and, taking into account the socio-economic functions of the artificial barriers, identify the barriers that need to be removed to contribute to meeting the restoration targets set out in Article 4 of this Regulation and fulfilling the objective of restoring at least 25 000 km of rivers into free-flowing rivers in the Union by 2030, without prejudice to Directive 2000/60/EC, in particular Article 4(3), (5) and (7) thereof, and Regulation (EU) No 1315/2013 of the European Parliament and of the Council (46), in particular Article 15 thereof.

2. Member States shall remove the artificial barriers to the connectivity of surface waters identified in the inventory made pursuant to paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 15(3), points (i) and (n). When removing artificial barriers, Member States shall primarily address obsolete barriers, namely those that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection or other uses.

3. Member States shall complement the removal of artificial barriers in accordance with paragraph 2 by the measures necessary to improve the natural functions of the related floodplains.

4. Member States shall ensure that the natural connectivity of rivers and natural functions of the related floodplains restored in accordance with paragraphs 2 and 3 are maintained.

Article 10

Restoration of pollinator populations

1. Member States shall, by putting in place in a timely manner appropriate and effective measures, improve pollinator diversity and reverse the decline of pollinator populations at the latest by 2030 and thereafter achieve an increasing trend of pollinator populations, measured at least every six years from 2030, until satisfactory levels are achieved, as set in accordance with Article 14(5).

2. The Commission is empowered to adopt delegated acts in accordance with Article 23 to supplement this Regulation by establishing and updating a science-based method for monitoring pollinator diversity and pollinator populations. The Commission shall adopt the first of those delegated acts establishing such method by 19 August 2025.

3. The method referred to in paragraph 2 shall provide a standardised approach for collecting annual data on the abundance and diversity of pollinator species across ecosystems, for assessing pollinator population trends and the effectiveness of restoration measures adopted by Member States in accordance with paragraph 1.

4. When using the method referred to in paragraph 2, Member States shall ensure that monitoring data comes from an adequate number of sites to ensure representativeness across their territories. Member States shall promote citizen science in the collection of monitoring data where suitable and provide adequate resources for the performance of those tasks.

5. The Commission and the relevant Union agencies, in particular the EEA, the European Food Safety Authority and the European Chemicals Agency, shall, in accordance with their respective mandates, coordinate their activities concerning pollinators and provide information to support Member States, upon their request, in the fulfilment of their obligations under this Article. To that end the Commission shall, inter alia, set up a dedicated task force and disseminate relevant information and expertise to Member States in a coordinated manner.

Article 11

Restoration of agricultural ecosystems

1. Member States shall put in place the restoration measures necessary to enhance biodiversity in agricultural ecosystems, in addition to the areas that are subject to restoration measures under Article 4(1), (4) and (7), taking into account climate change, the social and economic needs of rural areas and the need to ensure sustainable agricultural production in the Union.

2. Member States shall put in place measures which shall aim to achieve an increasing trend at national level of at least two out of the three following indicators for agricultural ecosystems, as further specified in Annex IV, measured in the period from 18 August 2024 until 31 December 2030, and every six years thereafter, until the satisfactory levels as set in accordance with Article 14(5) are reached:

(a)grassland butterfly index;

(b)stock of organic carbon in cropland mineral soils;

(c)share of agricultural land with high-diversity landscape features.

3. Member States shall put in place restoration measures which shall aim to ensure that the common farmland bird index at national level based on the species specified in Annex V, indexed on 1 September 2025 = 100, reaches the following levels:

(a)for Member States listed in Annex V with historically more depleted populations of farmland birds: 110 by 2030, 120 by 2040 and 130 by 2050;

(b)for Member States listed in Annex V with historically less depleted populations of farmland birds: 105 by 2030, 110 by 2040 and 115 by 2050.

4. Member States shall put in place measures which shall aim to restore organic soils in agricultural use constituting drained peatlands. Those measures shall be in place on at least:

(a)30 % of such areas by 2030, of which at least a quarter shall be rewetted;

(b)40 % of such areas by 2040, of which at least a third shall be rewetted;

(c)50 % of such areas by 2050, of which at least a third shall be rewetted.

Member States may put in place restoration measures, including rewetting, in areas of peat extraction sites and count those areas as contributing to meeting the respective targets referred to in the first subparagraph, points (a), (b) and (c).

In addition, Member States may put in place restoration measures to rewet organic soils that constitute drained peatlands under land uses other than agricultural use and peat extraction and count those rewetted areas as contributing, up to a maximum of 40 %, to meeting the targets referred to in the first subparagraph, points (a), (b) and (c).

Restoration measures that consist in rewetting peatland, including the water levels to be achieved, shall contribute to reducing greenhouse gas net emissions and increasing biodiversity, while taking national and local circumstances into account.

Where duly justified, the extent of the rewetting of peatland under agricultural use may be reduced to less than required under the first subparagraph, points (a), (b) and (c), of this paragraph by a Member State if such rewetting is likely to have significant negative impacts on infrastructure, buildings, climate adaptation or other public interests and if such rewetting cannot take place on land other than agricultural land. Any such reduction shall be determined in accordance with Article 14(8).

The obligation for Member States to meet the rewetting targets set out in the first subparagraph, points (a), (b) and (c), does not imply an obligation for farmers and private landowners to rewet their land, for whom rewetting on agricultural land remains voluntary, without prejudice to obligations stemming from national law.

Member States shall, as appropriate, incentivise rewetting to make it an attractive option for farmers and private landowners and foster access to training and advice to farmers and other stakeholders on the benefits of rewetting peatland and on the options of subsequent land management and related opportunities.

Article 12

Restoration of forest ecosystems

1. Member States shall put in place the restoration measures necessary to enhance biodiversity of forest ecosystems, in addition to the areas that are subject to restoration measures pursuant to Article 4(1), (4) and (7), while taking into account the risks of forest fires.

2. Member States shall achieve an increasing trend at national level of the common forest bird index, as further specified in Annex VI, measured in the period from 18 August 2024 until 31 December 2030, and every six years thereafter, until the satisfactory levels as set in accordance with Article 14(5) are reached.

3. Member States shall achieve an increasing trend at national level of at least six out of seven of the following indicators for forest ecosystems, as further specified in Annex VI, chosen on the basis of their ability to demonstrate the enhancement of biodiversity of forest ecosystems within the Member State concerned. The trend shall be measured in the period from 18 August 2024 until 31 December 2030, and every six years thereafter, until the satisfactory levels as set in accordance with Article 14(5) are reached:

(a)standing deadwood;

(b)lying deadwood;

(c)share of forests with uneven-aged structure;

(d)forest connectivity;

(e)stock of organic carbon;

(f)share of forests dominated by native tree species;

(g)tree species diversity.

4. The non-fulfilment of the obligations set out in paragraphs 2 and 3 is justified if caused by:

(a)large-scale force majeure, including natural disasters, in particular unplanned and uncontrolled wildfire; or

(b)unavoidable habitat transformations which are directly caused by climate change.

Article 13

Planting three billion additional trees

1. When identifying and implementing the restoration measures to fulfil the objectives and obligations set out in Articles 4 and 8 to 12, Member States shall aim to contribute to the commitment of planting at least three billion additional trees by 2030 at Union level.

2. Member States shall ensure that their contribution to fulfilling the commitment set out in paragraph 1 is achieved in full respect of ecological principles, including by ensuring species diversity and age-structure diversity, prioritising native tree species except for, in very specific cases and conditions, non-native species adapted to the local soil, climatic and ecological context and habitat conditions that play a role in fostering increased resilience to climate change. The measures to achieve that commitment shall aim to increase ecological connectivity and be based on sustainable afforestation, reforestation and tree planting and the increase of urban green space.

CHAPTER III

NATIONAL RESTORATION PLANS

Article 14

Preparation of the national restoration plans

1. Member States shall each prepare a national restoration plan and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13 and to contribute to the Union’s overarching objectives and targets set out in Article 1, taking into account the latest scientific evidence.

2. Member States shall quantify the area that needs to be restored to meet the restoration targets set out in Articles 4 and 5, taking into account the condition of the habitat types referred to in Article 4(1) and (4) and Article 5(1) and (2) and the quality and quantity of the habitats of the species referred to in Article 4(7) and Article 5(5) that are present in the ecosystems covered by Article 2. The quantification shall be based, inter alia, on the following information:

(a)for each habitat type:

(i)the total habitat area and a map of its current distribution;

(ii)the habitat area that is not in good condition;

(iii)the favourable reference area, taking into account records of historical distribution and the projected changes to environmental conditions due to climate change;

(iv)the areas most suitable for the re-establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;

(b)the sufficient quality and quantity of the habitats of the species required for reaching their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between them in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change, the competing needs of the habitats and species, and the presence of high nature value farmland.

For the purpose of quantifying the area of each habitat type that needs to be restored to meet the restoration targets set out in Article 4(1), point (a), and Article 5(1), point (a), the habitat area that is not in good condition referred to in the first subparagraph, point (a)(ii), of this paragraph shall only include those areas for which the condition of the habitat type is known.

For the purpose of quantifying the area of each habitat type that needs to be restored to meet the restoration targets set out in Article 4(1), point (b), and Article 5(1), points (b), (c) and (d), the habitat area that is not in good condition referred to in the first subparagraph, point (a)(ii), of this paragraph shall only include those areas for which the condition of the habitat type is known or is to be known pursuant to Article 4(9) and Article 5(7).

If a Member State intends to apply the derogation laid down in Article 4(2), that Member State shall identify the percentages referred to in that Article.

If a Member State intends to apply the derogation laid down in Article 4(5) and Article 5(3), that Member State shall identify the lower percentages chosen pursuant to those Articles.

3. With regard to group 7 of the habitat types listed in Annex II, Member States shall set the percentage referred to in Article 5(1), point (d).

4. Member States shall determine and map urban ecosystem areas as referred to in Article 8 for all their cities and towns and suburbs.

The urban ecosystem area of a city or of a town and suburb shall include:

(a)the entire city or town and suburb; or

(b)parts of the city or of the town and suburb, including at least its urban centres, urban clusters and, if deemed appropriate by the Member State concerned, peri-urban areas.

Member States may aggregate the urban ecosystem areas of two or more adjacent cities, or two or more adjacent towns and suburbs, or both, into one urban ecosystem area common to those cities, or towns and suburbs, respectively.

5. By 2030, Member States shall set, through an open and effective process and assessment based on the latest scientific evidence, the guiding framework referred to in Article 20(10) and, if available, the guiding framework referred to in Article 20(11) satisfactory levels for:

(a)pollinator populations referred to in Article 10(1) and for the indicator referred to in Article 12(2);

(b)each of the chosen indicators referred to in Article 11(2);

(c)each of the chosen indicators referred to in Article 12(3);

(d)urban green space referred to in Article 8(2); and

(e)urban tree canopy cover referred to in Article 8(3).

6. Member States shall identify and map the agricultural and forest areas in need of restoration, in particular the areas that, due to intensification or other management factors, are in need of enhanced connectivity and landscape diversity.

7. Each Member State may, by 19 August 2025, develop a methodology to complement the methodology referred to in Annex IV, in order to monitor high-diversity landscape features not covered by the common method referred to in the description of high-diversity landscape features in that Annex. The Commission shall provide guidance on the framework for developing such methodologies by 19 September 2024.

8. Member States shall, where applicable, determine the reduction of the extent of the rewetting of peatland under agricultural use, as referred to in Article 11(4), fifth subparagraph.

9. Member States shall identify synergies with climate change mitigation, climate change adaptation, land degradation neutrality and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:

(a)their integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999;

(b)their long-term strategy referred to in Article 15 of Regulation (EU) 2018/1999;

(c)the binding overall Union target for 2030 set out in Article 3 of Directive (EU) 2018/2001.

10. Member States shall identify synergies with agriculture and forestry. They shall also identify existing agricultural and forestry practices, including CAP interventions, that contribute to the objectives of this Regulation.

11. The implementation of this Regulation shall not imply an obligation for Member States to reprogramme any funding under the CAP, the CFP or other agricultural and fisheries funding programmes and instruments under the MFF 2021-2027.

12. Member States may promote the deployment of private or public support schemes to the benefit of stakeholders implementing restoration measures referred to in Articles 4 to 12 including land managers and owners, farmers, foresters and fishers.

13. Member States shall coordinate the development of national restoration plans with the mapping of areas that are required in order to fulfil at least their national contributions towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated infrastructure areas. During the preparation of the national restoration plans, Member States shall ensure synergies with the build-up of renewable energy and energy infrastructure and any renewables acceleration areas and dedicated infrastructure areas that are already designated and shall ensure that the functioning of those areas, including the permit-granting procedures applicable in those areas provided for by Directive (EU) 2018/2001, as well as the functioning of grid projects that are necessary to integrate renewable energy into the electricity system and the respective permit-granting process, remain unchanged.

14. When preparing their national restoration plans, Member States shall take into account in particular the following:

(a)the conservation measures established for Natura 2000 sites in accordance with Directive 92/43/EEC;

(b)prioritised action frameworks prepared in accordance with Directive 92/43/EEC;

(c)measures for achieving good quantitative, ecological and chemical status of water bodies included in the programmes of measures and river basin management plans prepared in accordance with Directive 2000/60/EC and flood risk management plans established in accordance with Directive 2007/60/EC of the European Parliament and of the Council (47);

(d)where applicable, marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC;

(e)national air pollution control programmes prepared under Directive (EU) 2016/2284;

(f)national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity;

(g)where applicable, conservation and management measures adopted under the CFP;

(h)CAP strategic plans drawn up in accordance with Regulation (EU) 2021/2115;

15. When preparing their national restoration plans Member States shall also take into account strategic critical raw material projects where recognised under Union law.

16. When preparing their national restoration plans, Member States:

(a)may make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence;

(b)shall aim to optimise the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities;

(c)may take into account the diversity of situations in various regions related to social, economic and cultural requirements, regional and local characteristics and population density; where appropriate, the specific situation of the Union’s outermost regions, such as their remoteness, insularity, small size, difficult topography and climate, as well as their rich biodiversity and the associated costs for protecting and restoring their ecosystems, should be taken into account.

17. Member States shall, where possible, foster synergies with the national restoration plans of other Member States, in particular for ecosystems that span across borders or where Members States share a marine region or subregion within the meaning of Directive 2008/56/EC.

18. Member States may, where practical and appropriate, for the purpose of preparing and implementing national restoration plans, in relation to the restoration and re-establishment of marine ecosystems, use existing regional institutional cooperation structures.

19. Where Member States identify an issue which is likely to prevent the fulfilment of the obligations to restore and re-establish marine ecosystems, and which requires measures for which they are not competent, they shall, individually or jointly, address, where concerned, Member States, the Commission or international organisations, providing them with a description of the identified issue and of possible measures, with a view to their consideration and potential adoption.

20. Member States shall ensure that the preparation of the restoration plan is open, transparent, inclusive and effective and that the public, including all relevant stakeholders, is given early and effective opportunities to participate in its preparation. Consultations shall comply with the requirements set out in Directive 2001/42/EC.

Article 15

Content of the national restoration plan

1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 13.

2. By way of derogation from paragraph 1 of this Article, the national restoration plan to be submitted in accordance with Article 16 and Article 17(6) may, with regard to the period from 1 July 2032, and until reviewed in accordance with Article 19(1), be limited to a strategic overview of the following:

(a)the elements referred to in paragraph 3; and

(b)the contents referred to in paragraphs 4 and 5.

The revised national restoration plan resulting from the review to be carried out by 30 June 2032 in accordance with Article 19(1) may, with regard to the period from 1 July 2042, and until revised by 30 June 2042 in accordance with Article 19(1), be limited to a strategic overview of the elements and contents referred to in first subparagraph of this paragraph.

3. Each Member State shall include the following elements in the national restoration plan, using the uniform format established in accordance with paragraph 7 of this Article:

(a)the quantification of the areas to be restored to meet the restoration targets set out in Articles 4 to 12 based on the preparatory work undertaken in accordance with Article 14 and indicative maps of potential areas to be restored;

(b)if a Member State applies the derogation laid down in Article 4(5) or Article 5(3), a justification of the reasons why it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area of a specific habitat type and a justification of the lower percentage set pursuant to those Articles, as identified by that Member State;

(c)a description of the restoration measures planned, or put in place, to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13 of this Regulation and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;

(d)a dedicated section setting out the measures for achieving the obligations laid down in Article 4(9) and Article 5(7);

(e)if a Member State applies the derogation laid down in Article 4(2) of this Regulation, a justification of how the percentages set in accordance with that Article do not prevent the favourable conservation status for the relevant habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being reached or maintained at national biogeographical level;

(f)an indication of the measures aiming to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Article 4(7) and Article 5(5) do not significantly deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Article 4(11) and Article 5(9);

(g)where applicable, a description of how Article 4(13) is applied in its territory, including:

(i)an explanation of the system of compensatory measures to be taken for each significant deterioration occurrence, as well as of the necessary monitoring of and reporting on the significant deterioration of habitat types and habitats of the species and the compensatory measures taken;

(ii)an explanation of how it will be ensured that the implementation of Article 4(13) does not affect meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5;

(h)an indication of the measures with an aim to maintain habitat types listed in Annexes I and II in good condition in areas where they occur and with an aim to prevent significant deterioration of other areas covered by habitat types listed in Annexes I and II, in accordance with Article 4(12) and Article 5(10);

(i)the inventory of barriers and the barriers identified for removal in accordance with Article 9(1), the plan for their removal in accordance with Article 9(2) and the length of free-flowing rivers to be achieved by the removal of those barriers estimated from 2020 to 2030 and by 2050, and any other measures to re-establish the natural functions of floodplains in accordance with Article 9(3);

(j)an account of the indicators for agricultural ecosystems chosen in accordance with Article 11(2), and their suitability to demonstrate the enhancement of biodiversity in agricultural ecosystems within the Member State concerned;

(k)a justification, where applicable, for rewetting peatland on a lower proportion than as set out in Article 11(4), first subparagraph, points (a), (b) and (c);

(l)an account of the indicators for forest ecosystems chosen in accordance with Article 12(3), and their suitability to demonstrate the enhancement of biodiversity in forest ecosystems within the Member State concerned;

(m)a description of the contribution to the commitment referred to in Article 13;

(n)the timing for putting in place the restoration measures in accordance with Articles 4 to 12;

(o)a dedicated section setting out tailored restoration measures in their outermost regions, as applicable;

(p)the monitoring of the areas subject to restoration in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration measures put in place in accordance with Articles 4 to 12 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 13 are met and fulfilled, respectively;

(q)an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 12;

(r)the estimated co-benefits for climate change mitigation and land degradation neutrality associated with the restoration measures over time;

(s)the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures referred to in Articles 4 to 12;

(t)a dedicated section setting out how the national restoration plan considers:

(i)the relevance of climate change scenarios for the planning of the type and location of restoration measures;

(ii)the potential of restoration measures to minimise climate change impacts on nature, to prevent or mitigate the effects of natural disasters and to support adaptation;

(iii)synergies with national adaptation strategies or plans and national disaster risk assessment reports;

(iv)an overview of the interplay between the measures included in the national restoration plan and the national energy and climate plan;

(u)the estimated financing needs for the implementation of the restoration measures, which shall include a description of the support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including financing or co-financing with Union funding instruments;

(v)an indication of the subsidies which negatively affect meeting of the targets and the fulfilment of the obligations set out in this Regulation;

(w)a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of local communities and stakeholders have been considered;

(x)a dedicated section indicating how observations from the Commission on the draft national restoration plan referred to in Article 17(4) have been taken into account in accordance with Article 17(5); if the Member State concerned does not address an observation from the Commission or a substantial part thereof, that Member State shall provide its reasons.

4. The national restoration plan shall, where applicable, include the conservation and management measures that a Member State intends to adopt under the CFP, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013 and referred to in Article 18 of this Regulation, and any relevant information on those measures.

5. The national restoration plan shall include an overview of the interplay between the measures included in the national restoration plan and the national CAP strategic plan.

6. Where appropriate, the national restoration plan shall include an overview of considerations related to the diversity of situations in various regions as referred to in Article 14(16), point (c).

7. The Commission shall, by means of implementing acts, establish a uniform format for the national restoration plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). The Commission shall be assisted by the EEA when drawing up the uniform format. By 1 December 2024, the Commission shall submit the draft implementing acts to the committee referred to in Article 24(1).

Article 16

Submission of the draft national restoration plan

Each Member State shall submit a draft of the national restoration plan referred to in Articles 14 and 15 to the Commission by 1 September 2026.

Article 17

Assessment of the national restoration plan

1. The Commission shall assess the draft national restoration plan within six months of the date of its receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State.

2. When assessing the draft national restoration plan, the Commission shall evaluate:

(a)its compliance with Article 15;

(b)its adequacy for meeting the targets and fulfilling the obligations set out in Articles 4 to 13;

(c)its contribution to the Union’s overarching objectives and targets referred to in Article 1, the specific objectives referred to in Article 9(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the commitment under Article 13 of planting at least three billion additional trees in the Union by 2030.

3. For the purpose of the assessment of the draft national restoration plan, the Commission shall be assisted by experts or the EEA.

4. The Commission may address its observations on the draft national restoration plan to the Member State within six months of the date of receipt of the draft national restoration plan.

5. The Member State shall take account of any observations from the Commission in its final national restoration plan.

6. The Member State shall finalise, publish and submit to the Commission the national restoration plan within six months from the date of receipt of observations from the Commission.

Article 18

Coordination of restoration measures in marine ecosystems

1. Member States whose national restoration plans include conservation measures to be adopted within the framework of the CFP shall make full use of the tools provided therein.

2. Where the national restoration plans include measures that require submission of a joint recommendation through the regionalisation procedure under Article 18 of the Regulation (EU) No 1380/2013, Member States preparing those national restoration plans shall, considering the deadlines provided for in Article 5 of this Regulation, initiate in a timely manner consultations with other Member States having a direct management interest affected by these measures and the relevant Advisory Councils under Article 18(2) of Regulation (EU) No 1380/2013 to enable timely agreement on and submission of any joint recommendations. For that purpose, they shall also include in the national restoration plan the estimated timing of the consultation and of the submission of the joint recommendations.

3. The Commission shall facilitate and monitor progress in the submission of joint recommendations under the CFP. Member States shall submit the joint recommendations on the conservation measures necessary to contribute to meeting the targets set in Article 5 at the latest 18 months before the respective deadline.

4. In the absence of joint recommendations referred to in paragraph 2 of this Article before the respective deadline referred to in paragraph 3 of this Article, concerning conservation measures necessary for compliance with obligations under Union environmental legislation referred to in Article 11 of Regulation (EU) No 1380/2013, the Commission may make full use of the tools provided for in Article 11(4) of that Regulation as and where appropriate under the conditions set out therein.

Article 19

Review of the national restoration plan

1. Each Member State shall review and revise its national restoration plan, and include supplementary measures, by 30 June 2032 and subsequently by 30 June 2042. At least once every ten years thereafter, each Member State shall review its national restoration plan and, if necessary, revise it and include supplementary measures.

The reviews shall be carried out in accordance with Articles 14 and 15, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. In the reviews to be carried out by 30 June 2032 and by 30 June 2042, Member States shall take into account the knowledge on the condition of habitat types listed in Annexes I and II acquired in accordance with Article 4(9) and Article 5(7). Each Member State shall publish and submit to the Commission its revised national restoration plan.

2. Where monitoring carried out in accordance with Article 20 indicates that the measures set out in the national restoration plan will not be sufficient to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13, the Member State shall review the national restoration plan and, if necessary, revise it and include supplementary measures. Member States shall publish and submit to the Commission their revised national restoration plans.

3. Based on the information referred to in Article 21(1) and (2) and the assessment referred to in Article 21(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to meet the targets and fulfil the obligations set out in Articles 4 to 13, the Commission may, after consultation with the Member State concerned, request the Member State to submit a revised draft national restoration plan with supplementary measures. The Member State shall publish that revised national restoration plan with supplementary measures and submit it to the Commission within six months from the date of receipt of the request from the Commission. Upon request of the Member State concerned and where duly justified, the Commission may extend that deadline by an additional six months.

CHAPTER IV

MONITORING AND REPORTING

Article 20

Monitoring

1. Member States shall monitor the following:

(a)the condition and trend in the condition of the habitat types, and the quality and the trend in the quality of the habitats of the species referred to in Articles 4 and 5 in the areas subject to restoration measures on the basis of the monitoring referred to in Article 15(3), point (p);

(b)the area of urban green space and urban tree canopy cover within urban ecosystem areas, as referred to in Article 8 and determined in accordance with Article 14(4);

(c)at least two of the biodiversity indicators for agricultural ecosystems chosen by the Member State in accordance with Article 11(2);

(d)the populations of the common farmland bird species listed in Annex V;

(e)the biodiversity indicator for forest ecosystems referred to in Article 12(2);

(f)at least six of the biodiversity indicators for forest ecosystems chosen by the Member State in accordance with Article 12(3);

(g)the abundance and diversity of pollinator species, according to the method established in accordance with Article 10(2);

(h)the area and condition of the areas covered by the habitat types listed in Annexes I and II;

(i)the area and the quality of the habitat of the species referred to in Article 4(7), and Article 5(5);

(j)the extent and location of the areas where habitat types and habitats of the species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(13), as well as the effectiveness of the compensatory measures to ensure that any deterioration of habitat types and habitats of the species is not significant at the level of each biogeographical region in their territory and to ensure that meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5 is not jeopardised.

2. The monitoring in accordance with paragraph 1, point (a), shall start as soon as the restoration measures are put in place.

3. The monitoring in accordance with paragraph 1, points (b), (c), (d), (e) and (f), shall start on 18 August 2024.

4. The monitoring in accordance with paragraph 1, point (g), of this Article shall start one year after the entry into force of the delegated act referred to in Article 10(2).

5. The monitoring in accordance with paragraph 1, point (j), of this Article shall start as soon as the notification referred to in Article 4(13) is submitted to the Commission.

6. The monitoring in accordance with paragraph 1, points (a) and (b), shall be carried out at least every six years. The monitoring in accordance with paragraph 1, point (c), concerning, where applicable, the stock of organic carbon in cropland mineral soils and the share of agricultural land with high-diversity landscape features, and paragraph 1, point (f), concerning, where applicable, the standing deadwood, the lying deadwood, the share of forests with uneven-aged structure, the forest connectivity, the stock of organic carbon, the share of forest dominated by native tree species and the tree species diversity, shall be carried out at least every six years, or, where necessary to evaluate the achievement of increasing trends to 2030, within a shorter interval. The monitoring in accordance with paragraph 1, point (c), concerning, where applicable, the grassland butterfly index, paragraph 1, point (d), concerning the common farmland bird index and paragraph 1, point (e) concerning the common forest bird index, and paragraph 1, point (g) concerning pollinator species shall be carried out every year. The monitoring in accordance with paragraph 1, points (h) and (i), shall be carried out at least every six years and shall be coordinated with the reporting cycle under Article 17 of Directive 92/43/EEC and the initial assessment under Article 17 of Directive 2008/56/EC. The monitoring in accordance with paragraph 1, point (j), shall be carried out every three years.

7. Member States shall ensure that the indicators for agricultural ecosystems referred to in Article 11(2), point (b), and the indicators for forest ecosystems referred to in Article 12(3), points (a), (b) and (e), of this Regulation, are monitored in a manner consistent with the monitoring required under Regulations (EU) 2018/841 and (EU) 2018/1999.

8. Member States shall make public the data generated by the monitoring carried out under this Article, in accordance with Directive 2007/2/EC and in accordance with the monitoring frequencies set out in paragraph 6 of this Article.

9. Member State monitoring systems shall operate on the basis of electronic databases and geographic information systems, and shall maximise the access and use of data and services from remote sensing technologies, earth observation (Copernicus services), in-situ sensors and devices, or citizen science data, leveraging the opportunities offered by artificial intelligence, advanced data analysis and processing.

10. By 31 December 2028, the Commission shall establish a guiding framework for setting the satisfactory levels referred to in Article 8(2) and (3), Article 10(1) and Article 11(2), by means of implementing acts.

11. The Commission may, by means of implementing acts:

(a)specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV;

(b)specify the methods for monitoring the indicators for forest ecosystems listed in Annex VI;

(c)establish a guiding framework for setting the satisfactory levels referred to in Article 12(2) and (3).

12. Implementing acts referred to in paragraphs (10) and (11) of this Article shall be adopted in accordance with the examination procedure referred to in Article 24(2).

Article 21

Reporting

1. By 30 June 2028 and at least every three years thereafter, Member States shall report electronically the following data to the Commission:

(a)the area subject to restoration measures referred to in Articles 4 to 12;

(b)the extent of the areas where habitat types and habitats of species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(13);

(c)the barriers referred to in Article 9 that have been removed; and

(d)their contribution to the commitment referred to in Article 13.

2. By 30 June 2031, for the period up to 2030, and at least every six years thereafter, Member States shall report electronically the following data and information to the Commission, assisted by the EEA:

(a)the progress in implementing the national restoration plan, in putting in place the restoration measures and progress in meeting the targets and fulfilling the obligations set out in Articles 4 to 13;

(b)information on:

(i)the location of the areas where habitat types or habitats of species have significantly deteriorated and of the areas subject to compensatory measures taken under Article 4(13);

(ii)a description of the effectiveness of the compensatory measures taken under Article 4(13) in ensuring that any deterioration of habitat types and habitats of species is not significant at the level of each biogeographical region in their territory;

(iii)a description of the effectiveness of the compensatory measures taken under Article 4(13) in ensuring that meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5 is not jeopardised.

(c)the results of the monitoring carried out in accordance with Article 20, including, in the case of the results of the monitoring carried out in accordance with Article 20(1), points (h) and (i), geographically referenced maps;

(d)the location and extent of the areas subject to restoration measures referred to in Articles 4 and 5, and Article 11(4), including a geographically referenced map of those areas;

(e)the updated inventory of barriers referred to in Article 9(1);

(f)information on the progress accomplished towards meeting financing needs, in accordance with Article 15(3), point (u), including a review of actual investment against initial investment assumptions.

3. The Commission shall establish the format, structure and detailed arrangements for the presentation of the information referred to in paragraphs 1 and 2 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). When drawing up the format, structure and detailed arrangements for the electronic reporting, the Commission shall be assisted by the EEA.

4. By 31 December 2028 and every three years thereafter, the EEA shall provide to the Commission a technical overview of the progress towards the achievement of the targets and fulfilment of the obligations set out in this Regulation, on the basis of the data made available by Member States in accordance with paragraph 1 of this Article and Article 20(8).

5. By 30 June 2032 and every six years thereafter, the EEA shall provide to the Commission a Union-wide technical report on the progress towards meeting the targets and fulfilment of the obligations set out in this Regulation on the basis of the data made available by Member States in accordance with paragraphs 1, 2 and 3 of this Article. The EEA may also use information reported under Article 17 of Directive 92/43/EEC, Article 15 of Directive 2000/60/EC, Article 12 of Directive 2009/147/EC and Article 17 of Directive 2008/56/EC.

6. From 19 August 2029, and every six years thereafter, the Commission shall report to the European Parliament and to the Council on the implementation of this Regulation.

7. By 19 August 2025, the Commission shall, in consultation with Member States, submit a report to the European Parliament and the Council containing:

(a)an overview of financial resources available at Union level for the purpose of implementing this Regulation;

(b)an assessment of the funding needs to implement Articles 4 to 13 and to achieve the objective set out in Article 1(2);

(c)an analysis to identify any funding gaps in the implementation of the obligations set out in this Regulation;

(d)where appropriate, proposals for adequate measures, including financial measures to address the gaps identified, such as the establishment of dedicated funding, and without prejudging the prerogatives of co-legislators for the adoption of the multiannual financial framework post 2027.

8. Member States shall ensure that the information referred to in paragraphs 1 and 2 of this Article is adequate and up-to-date and that it is available to the public in accordance with Directives 2003/4/EC, 2007/2/EC and (EU) 2019/1024.

CHAPTER V

DELEGATED AND IMPLEMENTING ACTS

Article 22

Amendment of Annexes

1. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex I by adapting the way the habitat types are grouped to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

2. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex II by adapting:

(a)the list of habitat types to ensure consistency with updates to the European nature information system (EUNIS) habitat classification; and

(b)the way the habitat types are grouped to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

3. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex III by adapting the list of marine species referred to in Article 5 to technical and scientific progress.

4. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex IV by adapting the description, unit and methodology of biodiversity indicators for agricultural ecosystems to technical and scientific progress.

5. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex V by adapting the list of species used for the common farmland bird index in the Member States to technical and scientific progress.

6. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex VI by adapting the description, unit and methodology of biodiversity indicators for forest ecosystems to technical and scientific progress.

7. The Commission is empowered to adopt delegated acts in accordance with Article 23 in order to amend Annex VII by adapting the list of examples of restoration measures to technical and scientific progress and to take into account the experience gained from the application of this Regulation.

Article 23

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2. The power to adopt delegated acts referred to in Article 10(2) and Article 22(1) to (7) shall be conferred on the Commission for a period of five years from 18 August 2024. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration unless the European Parliament or the Council opposes such extension not later than three months before the end of each period.

3. The delegation of power referred to in Article 10(2) and Article 22(1) to (7) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4. Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6. Delegated acts adopted pursuant to Article 10(2) or Article 22(1) to (7) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Article 24

Committee procedure

1. The Commission shall be assisted by a committee. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

CHAPTER VI

FINAL PROVISIONS

Article 25

Amendment to Regulation (EU) 2022/869

In Article 7(8) of Regulation (EU) 2022/869, the first subparagraph is replaced by the following:

‘With regard to the environmental impacts addressed in Article 6(4) of Directive 92/43/EEC, Article 4(7) of Directive 2000/60/EC and Article 4(14) and (15) and Article 5(11) and (12) of Regulation (EU) 2024/1991 of the European Parliament and of the Council (*1), provided that all the conditions set out in those Directives and that Regulation are fulfilled, projects on the Union list shall be considered as being of public interest from an energy policy perspective, and may be considered as having an overriding public interest.

Article 26

Review

1. The Commission shall evaluate the application of this Regulation by 31 December 2033.

The evaluation shall include an assessment of the impact of this Regulation on the agricultural, forestry and fisheries sectors, considering relevant links with food production and food security in the Union, and of the wider socio-economic effects of this Regulation.

2. The Commission shall present a report on the main findings of the evaluation to the European Parliament, the Council, the European Economic and Social Committee, and the Committee of Regions. Where the Commission finds it appropriate, the report shall be accompanied by a legislative proposal for amendment of relevant provisions of this Regulation, taking into account the need to establish additional restoration targets, including on updated targets for 2040 and 2050, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, the evaluation referred to in paragraph 1 of this Article, and the most recent scientific evidence.

Article 27

Temporary suspension

1. If an unforeseeable, exceptional and unprovoked event has occurred that is outside the control of the Union, with severe Union-wide consequences for the availability of land required to secure sufficient agricultural production for Union food consumption, the Commission shall adopt implementing acts which are both necessary and justifiable in an emergency. Such implementing acts may temporarily suspend the application of the relevant provisions of Article 11 to the extent and for such a period as is strictly necessary. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2).

2. Implementing acts adopted under paragraph 1 shall remain in force for a period not exceeding 12 months. If after that period the specific problems referred to in paragraph 1 persist, the Commission may submit an appropriate legislative proposal to renew that period.

3. The Commission shall inform the European Parliament and the Council of any act adopted under paragraph 1 within two working days of its adoption.

Article 28

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.