The European Climate Law, the cornerstone of the European Green Deal, was adopted after months of hard negotiations. The European Parliament and the Council came to a draft agreement on 21 April 2021 and the law entered into force on 29 July 2021. The primary goal of the was initially to set in stone the date of climate neutrality by 2050 – this it succeded.
CAN Europe has worked to influence this new framework throughout the legilsative procedure by urging parties around the table to include several key elements, including an at least 65% emission reduction target compatible with science and with the EU’s Paris Agreement commitment. As often, the law could have been far more ambitious, but represents a step in the right direction.
The final version of the law contains the following elements that are worth highlighting:
- 2030 target of ‘at least 55% net’. The 2030 target negotiations were preempted by the European Council conclusions in December 2019, with Heads of States settling for an “at least 55% net” target. According to the Commission’s own impact assessment, that would translate into 52.8% real emissions reduction, with the remaining 2.2% being considered as “removed” from the atmosphere by forests and other natural sinks (amounting to 225 Mt removals).
- 2050 climate-neutrality objective: The Council was against a climate neutrality that would apply to each Member State individually, it is therefore that applies to the EU as a whole. Some silver lining was language saying that the EU shall aim to achieve negative emissions after 2050.
- Greenhouse Gas Budget agreed, but only for 2030-2050: This budget however will come out at the same time as the 2040 intermediate target in 2024, meaning it is ex-post, and we see it having less impact on making sure the 2040 target is in line with climate neutrality, although the European Commission guarantees it will take it into account. Unfortunately, it also means that the greenhouse gas budget does not apply to the short term, the next decade (until 2030), which is the most important decade to remain below 1.5°C.
- European Scientific Advisory Board on Climate Change: Step in the right direction. The EEA will be the secretariat of the body and will decide upon its members. It should however not be involved in its mandate. The Body is to deliver “scientific advice on already existing European measures”. This risks limiting the role of the body to be able to deliver the cross-sectoral advice the EU Climate Framework so desperately needs.
- Climate mainstreaming: Policy consistency is included, all new legislation proposals emanating from the EC will have to go through a consistency check, and if it is not consistent the EC will have to come forward and explain why.
- Fossil fuel subsidies: Language, in a recital, saying that the EC will have to come up with a better methodology for monitoring at Member State level, but nothing on a possible phase-out date.
- Access to Justice & Energy Charter Treaty: These provisions did not make it to the final draft. The Council thought this unacceptable and out of scope.