The Non-Deterioration Obligation in the Nature Restoration Regulation – a Necessary and Proportionate Addition to the Habitats Directive or a Monstrosity with Disastrous Consequences for Society?

Abstract

On June 22, 2022, the European Commission proposed a nature restoration regulation with the aim of restoring degraded ecosystems across the EU by 2050. Under the proposal, Member States must prepare national restoration plans to meet various ecosystem-specific targets and obligations. Controversial is the non-deterioration obligation that will apply in areas where restoration measures are taken and in areas where certain habitat types occur. After the European Parliament (ep) and the European (Environment) Council had both adopted positions that include significant amendments of the non-deterioration provisions, in November 2023 the Council announced a compromise text as the result of the trilogue. This contribution assesses how the compromise text of the non-deterioration obligation addresses drawbacks from the previous proposals, identifies associated questions and offers some suggestions for the interpretation.