EUROPEAN COMMISSION Brussels, 22.6.2022 COM(2022) 304 final 2022/0195(COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration (Text with EEA relevance) {SEC(2022) 256 final} - {SWD(2022) 167 final} - {SWD(2022) 168 final}



EXPLANATORY MEMORANDUM CONTEXT OF THE PROPOSAL Reasons for and objectives of the proposal Despite EU and international efforts, biodiversity loss and the degradation of ecosystems continue at an alarming rate, harming people, the economy and the climate. This is widely documented, notably in reports by the Intergovernmental Panel on Climate Change (IPCC) and the Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services, the Aichi Targets progress report, and the Economics of Biodiversity: The Dasgupta Review. Healthy ecosystems provide food and food security, clean water, carbon sinks and protection against natural disasters caused by climate change. They are essential for our long-term survival, well-being, prosperity and security, as they are the basis for Europe’s resilience. The restoration of ecosystems, coupled with efforts to reduce wildlife trade and consumption, will also help prevent and build up resilience to possible future communicable diseases with zoonotic potential, therefore decreasing the risks of outbreaks and pandemics, and contribute to support EU and global efforts to apply the One Health approach, which recognises the intrinsic connection between human health, animal health and healthy resilient nature. The 2022 IPCC report in particular highlighted that the world and Europe have a brief, rapidly closing window to secure a liveable future, as the rise in weather and climate extremes has led to some irreversible impacts as natural and human systems are pushed beyond their ability to adapt. It calls for the implementation of urgent actions for the restoration of degraded ecosystems, to mitigate the impacts of climate change, notably by restoring degraded wetlands and rivers, forest and agricultural ecosystems. Recent geo-political developments have further underlined the need to safeguard food security and the resilience of food systems. Commodity price increases and concerns about global food security call for the need to address vulnerabilities, such as dependencies on imports, as well as the need to accelerate the transition towards food systems that are sustainable, and resilient. Evidence shows that restoring agro-ecosytems has positive impacts on food productivity in the long-term, and the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. In the final report of the Conference on the Future of Europe, published on 9 May 2022, in their proposals on agriculture, food production, biodiversity and ecosystems, pollution, citizens asked in particular to ‘create, restore, better manage, and extend protected areas – for the conservation of biodiversity’; to ‘protect insects, in particular indigenous and pollinating insects, including through protection against invasive species and better enforcement of existing regulation’; as well as to ‘set binding national targets across the EU Member States for reforestation of native trees and local flora, taking into account different national situations and specificities’. When it comes to their proposals on information, awareness, dialogue and life-style, citizens asked in particular to ‘include food production and biodiversity protection as part of education, including the advantage of unprocessed over processed food, and promoting school gardens, subsidizing urban gardening projects and vertical farming’ and to ‘consider making biodiversity a mandatory subject in schools and raise awareness for biodiversity through the use of media campaigns and incentivised ‘competitions’ across the EU’.More decisive action is therefore needed to achieve the EU climate and biodiversity objectives for 2030 and for 2050, and to ensure the resilience of food systems. More decisive action is therefore needed to achieve the EU climate and biodiversity objectives for 2030 and for 2050, and to ensure the resilience of food systems. The European Green Deal commits to protecting and restoring nature. It states that the Commission will identify measures, including legal ones, to help Member States improve and restore damaged and carbon-rich ecosystems to good ecological status. The Green Deal also emphasised that all EU actions and policies should pull together to help the EU achieve a successful and just transition towards a sustainable future. The EU Biodiversity Strategy for 2030 set out targets to further protect nature in the EU. However, it underlined that protection alone would not be enough: to reverse biodiversity loss, greater efforts are needed to bring nature back to good health across the EU, in protected areas and beyond. Therefore, the Commission committed to propose legally binding targets to restore degraded EU ecosystems, in particular those with the most potential to remove and store carbon and to prevent and reduce the impact of natural disasters. The EU has so far failed to halt the loss of biodiversity. A recent study finalised in the framework of the evaluation of the EU biodiversity strategy up to 2020 shows that the EU could not halt the loss of biodiversity between 2011 and 2020. It did not meet the voluntary target to restore at least 15% of degraded ecosystems by 2020 (in line with Aichi Target 15 of the Convention on Biological Diversity). The outlook for biodiversity and ecosystems is bleak and shows that the current approach is not working. The European Parliament and the Council have also insisted on stepping up efforts to restore ecosystems, as expressed in the Council conclusions of December 2019 and a European Parliament resolution in January 2020. The Parliament resolution called on the Commission to ‘move away from voluntary commitments and to propose an ambitious and inclusive Strategy that sets legally (and, consequently, enforceable) binding targets for the EU and its Member States’. In its resolution of 9 June 2021, the European Parliament strongly welcomed the Commission’s commitment to draw up a legislative proposal on nature restoration, including on binding restoration targets. Restoring ecosystems is also high on the international agenda. The 2050 vision under the Convention on Biological Diversity, the United Nations Convention to Combat Desertification (UNCCD), the 2030 Agenda for Sustainable Development (the Sustainable Development Goals) and the UN Decade for Restoration all call for protecting and restoring ecosystems. Restoration will also be necessary for the EU to meet its commitments under the United Nations Framework Convention on Climate Change, and the Paris Agreement. Ecosystems such as peatlands, wetlands, oceans and forests can – if in good condition – remove and store large amounts of carbon dioxide and also contribute significantly to reducing the impact of climate change. The proposal for a regulation on nature restoration sets out an overarching objective: to contribute to the continuous, long-term and sustained recovery of biodiverse and resilient nature across the EU’s land and sea areas by restoring ecosystems and to contribute to achieving Union climate mitigation and climate adaptation objectives and meet its international commitments. To achieve this objective, the proposal sets multiple binding restoration targets and obligations across a broad range of ecosystems. These measures should cover at least 20% of the EU’s land and sea areas by 2030 and all ecosystems in need of restoration by 2050. The proposal is further supported by an implementation framework to translate the objectives into action, by preparing and carrying out national restoration plans. The proposal aims to enable the EU to act with urgency and to start restoring ecosystems based on binding targets and obligations that can already be measured and monitored. This will ensure that Member States can start restoration work without delay. More ecosystems can be included at later stages by developing joint methods to set further targets by amending the regulation. The proposal thus paves the way for a broad range of ecosystems in the EU to be restored and maintained by 2050, with measurable results by 2030 and 2040. It enables the EU to contribute to halting biodiversity loss and bringing nature back to good health. It also enables the EU to demonstrate global leadership on protecting nature, in particular at the Conference of the Parties on the Convention on Biological Diversity to be held later in 2022. •Consistency with existing policy provisions in the policy area The proposal aims to complement existing environmental policy. It is designed to work effectively in synergy with EU environmental law. The proposal will also give impetus to the improved coordination and implementation of these laws.

Specifically, the proposal will complement the: Birds and Habitats Directives by setting deadlines to meet targets and requiring Member States to restore ecosystems also outside the Natura 2000 network; the Water Framework Directive by specifying additional restoration requirements for river continuity and to ensure good conditions of floodplains; the Marine Strategy Framework Directive with specific measures and detailed targets for specific marine habitats needing restoration; the Invasive Alien Species Regulation. It will also work closely at a detailed level with the common fisheries policy, and will ensure coherence and complementarity where relevant. The proposal has direct links with and contributes to the New EU forest strategy for 2030 with restoration measures that will improve forest biodiversity and resilience, due to specific targets and obligations for forest habitats. As regards the common agricultural policy, the proposal builds on specific targets for grassland habitats that fall within the scope of Directive 92/43/EEC, and more broadly across EU agro-ecosystems based on evidence of improvement of a set of indicators that enhance biodiversity. The proposal has clear links with the EU soil strategy because many terrestrial ecosystems depend on and interact with the underlying soils. Any other soil-related targets will be integrated into future legislation governing soils. Furthermore, the proposed objective to reverse pollinator decline will help reach the objectives of the EU pollinator initiative. Targets in the proposal to increase green spaces in urban areas will have a direct bearing on the green infrastructure strategy. Policy measures under other environmental strategies, such as the circular economy action plan for a cleaner and more competitive Europe and the zero pollution action plan for air, water and soil, will help relieve pressure on ecosystems by reducing various forms of pollutants. Measures such as the Council Recommendation on learning for the green transition and sustainable development (to be adopted by the Council on 16 June 2022), can contribute to creating the necessary knowledge, skills and attitudes regarding environmental sustainability, including in support of nature restoration. Consistency with other Union policies Restoring ecosystems and enhancing biodiversity is a cornerstone of the European Green Deal. Ensuring healthy ecosystems and tackling climate change are intrinsically linked. Global warming has a direct impact on ecosystems with long-lasting or irreversible effects, such as the loss of ecosystems. EU climate policies such as the European Climate Law, the proposals included in the Fit for 55 package (in particular the proposal for a Land Use, Land Use Change and Forestry Regulation ) emphasise the crucial importance of natural sinks to capture and store carbon. To do this effectively, ecosystems such as wetlands and forests need to be in good condition. Therefore, this regulation can be expected to contribute considerably to climate policies. Restoring ecosystems to good condition means providing nature-based solutions that help both mitigate climate change and pursue the objectives of the EU strategy on adaptation to climate change. More biodiverse and healthy ecosystems are more resilient to climate change and are also effective in preventing disasters and reducing their risks. Under the European Climate Law, Member States will adopt and implement national adaptation strategies promoting nature-based solutions and ecosystem-based adaptation. The national restoration plans under this proposal will work closely together with the national adaptation strategies under the European Climate Law, and the EU civil protection legislation. These will be mutually reinforcing. Agriculture, forestry and fisheries are all sectors that depend on ecosystems in good condition. Agro-ecosystems in good condition provide safe, sustainable, nutritious and affordable food. They make agriculture more resilient to climate change and environmental risks, while also creating jobs (for example in organic farming, rural tourism and recreation). Forest ecosystems in good condition provide many benefits. For instance, they provide timber and food, they capture and store carbon, stabilise the soil, purify air and water, and reduce the impact of natural disasters such as wildfires and pest diseases. Keeping marine ecosystems in good condition helps biodiversity significantly by providing important fish spawning and nursery areas, and healthy food from the seas and oceans. Healthy marine ecosystems also mitigate climate change by reducing the impact of natural disasters along coastlines. Some of the targets and indicators set in this proposal aim to make action on biodiversity and action on other EU policies work better together. These policies include the new common agricultural policy (‘CAP’) (with its rules to improve the environment in agriculture as well as funding opportunities that are available under the CAP strategic plans 2023-2027), the farm to fork strategy for a fair, healthy and environmentally-friendly food system and the common fisheries policy. The proposal also links to EU regional policy, which can finance ecosystem restoration through the European Regional Development Fund, and also Horizon Europe, which supports investment in research and innovation on biodiversity and ecosystems. The proposal can also help the EU demonstrate global leadership, mobilise the international community and take action to halt the loss of biodiversity worldwide. The Conference of the Parties (COP15) of the Convention on Biological Diversity is expected to conclude a new global biodiversity framework that includes ambitious restoration targets. The EU Biodiversity Strategy for 2030 is a blueprint to make this a reality in the EU and to show EU commitment at global level. The proposal will send a strong signal to the global community that the EU is taking its commitment seriously and aims to enshrine ecosystem restoration targets in law, and could serve as inspiration for other countries to adopt similar ambitious policies on nature restoration and protection of biodiversity. 2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY Legal basis The legal basis for this proposal is Article 192(1) of the Treaty on the Functioning of the European Union that sets out how Article 191 of the Treaty should be implemented. Article 191 of the Treaty provides the objectives of EU environmental policy:

–preserving, protecting and improving the quality of the environment; –protecting human health; –utilising natural resources prudently and rationally; –promoting measures at international level to deal with regional or worldwide environmental problems, in particular to combat climate change. Subsidiarity (for non-exclusive competence) Action at EU level is justified because of the scale and transboundary nature of biodiversity loss and ecosystem degradation, its impact on the public, and the economic risks. EU-wide rules and obligations are necessary to significantly restore biodiversity and ecosystems. The lack of progress in the biodiversity strategy up to 2020 shows that voluntary commitments by the Member States are not enough to achieve the EU’s objectives for restoring ecosystems. Large-scale coordinated action is needed to address biodiversity loss and degradation and to create economies of scale. For example, working at EU level is essential for the recovery of pollinators: it is a problem across the EU and cannot be solved if only a few Member States tackle it. EU action is also necessary given how mobile many terrestrial and marine species are. Restoring one ecosystem helps other neighbouring or connected ecosystems and their biodiversity, since many species thrive in connected networks of ecosystems on a large geographical scale. EU action is also needed to complement existing legal requirements and help the EU achieve its objectives under other pieces of EU environmental and climate legislation. Proportionality The proposal complies with the proportionality principle because it does not go beyond what is necessary for achieving the objective of putting biodiversity in the EU on the path to recovery by 2030. Setting legally binding targets and obligations for ecosystem restoration at EU level would bring consistency to the action needed across the EU to reach the overall objective. Monitoring and reporting on progress by the Commission will bring further benefits and more effective joint action by the EU and Member States. In summary, the proposal sets an overarching goal and ecosystem-specific targets and obligations that are in keeping with the scope of the objectives. To ensure the EU reaches these objectives, the proposal lays down implementing measures, assessments and reviews. Choice of the instrument A legislative rather than a non-legislative approach is needed to ensure the long-term objective. The objectives of this proposal are best pursued through a regulation to ensure the laws are directly applicable. Member States are required to contribute to the long-term objective by putting in place national restoration plans that set out the restoration measures needed to meet ecosystem-specific targets and obligations. Since a regulation does not need to be turned into national law, it means restoration measures can start sooner on the ground compared to a directive. A regulation describes the action to be taken by Member States more precisely and in more detail and so would frame the action to be taken by the Member States much more exactly, and hence it would bring more consistency and coherence across the EU. Unlike directives, regulations do not only indicate the goal to be achieved by the Member States but also identify more precisely the legal requirements and ways to achieve that goal. 3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS Ex-post evaluations/fitness checks of existing legislation The evaluation of the biodiversity strategy up to 2020 identified voluntary rather than legally binding targets as a reason why ecosystem restoration has failed. The subsequent lack of commitment and political priority are major barriers to allocating funding and resources to restoration work. In addition, the Birds and Habitats Directives do not set deadlines for maintaining or restoring natural habitats and species to favourable conservation status. The Directives also lack specific requirements to restore ecosystems that lie outside the Natura 2000 network. To address these shortcomings, this proposal makes restoring certain species and habitats mandatory, inside and outside the Natura 2000 network, and with clear deadlines. On the Marine Strategy Framework Directive, the 2020 report from the Commission on the Directive’s first implementation cycle concluded that its broad goal has proven very difficult to achieve. The reasons are the lack of specific measures and the lack of sufficiently fine-grained monitoring of specific habitats or species, coupled with a lack of specific targets. The definition of restoration targets in this regulation will support the objectives of the Marine Strategy Framework Directive and its implementation.

The fitness check of the Water Framework Directive concluded that the difficulties found in its implementation are in part due to the fact the water body condition is affected by diffused pollution coming from surrounding habitats. The Water Framework Directive does not necessarily require Member States to remove barriers that may disrupt the natural connectivity of a river/lake system. However, many terrestrial ecosystems and several habitats and species protected by the Birds and Habitats Directives directly depend on aquatic ecosystems being in almost natural condition. This proposal complements the Water Framework Directive by drawing up restoration targets and other specific requirements for rivers and floodplains. Moreover, this proposal’s non-deterioration requirement matches the Directive’s existing requirement to take measures to prevent the deterioration of the status of all water bodies. Stakeholder consultations In line with the Better Regulation guidelines, this regulation and the accompanying impact assessment have been underpinned by an extensive consultation process. The Commission collected the views of a wide range of stakeholders, in particular representatives of Member States, environmental organisations, research institutes, agriculture and forest associations, and business representatives. Consultations were carried out as part of an open public consultation, in five stakeholder workshops and in meetings with stakeholders and Member States. The different views provided valuable information and insights that helped prepare the impact assessment and the proposal. Inception impact assessment The inception impact assessment for the proposed regulation was published on 4 November 2020. Stakeholders and the public were able to give feedback on the initiative until 2 December 2020. There were 132 responses, mainly from NGOs, business associations and organisations, environmental organisations and the public. Public consultation The Commission ran an online public consultation between 11 January and 5 April 2021 and received 111 842 replies. The consultation collected views on the main aspects and approach to preparing the Commission's proposal for binding restoration targets. The results show overwhelming support for legally binding restoration targets: 97% in favour of general EU restoration targets across all ecosystems, 96% for targets per ecosystem or habitat. This shows almost full support both for an overaching restoration goal and specific EU targets for ecosystems. Stakeholder workshops Five separate workshops were held with representatives of the Member State and the stakeholders from the end of 2020 through to September 2021. Policy options were discussed and views collected on restoration target options and how these targets should be implemented. The workshops considered potential social, economic and wider environmental impacts as well as preliminary findings of the impact assessment support study. Collection and use of expertise The proposal is based on the latest scientific evidence. The impact assessment accompanying this proposal is underpinned by a study prepared by a team of external experts. The team of experts worked in close consultation with the Commission throughout the different phases of the study. The Commission also used many other sources of information to prepare this proposal, in particular the results of EU research and innovation projects and recognised international reports (such as those cited in Section 1). The European Environment Agency and the Joint Research Centre provided specific expertise and were closely involved in developing this legal proposal and its impact assessment. For example, the Agency developed information on restoration needs based on official data reported by Member States under Article 17 of the Habitats Directive. Impact assessment The proposal is based on an impact assessment. After having resolved the issues raised in the Regulatory Scrutiny Board’s negative opinion issued on 16 July 2021, the impact assessment received a positive opinion (with reservations that were taken into account) on 28 October 2021. The impact assessment considered the following policy options: (1)Baseline scenario: this policy option assumes the realistic implementation of policies in the European Green Deal and EU Biodiversity Strategy for 2030 and other relevant existing polices – with the exception of the legally binding restoration targets. (2)Setting an overarching legally binding target for ecosystem restoration: this option sets a clearly defined overarching legally binding target to restore ecosystems. This target is defined as: by 2050, a percentage of ecosystems in the EU are restored to and maintained in good condition. It also sets legally binding milestones for 2030 and 2040. (3)Setting legally binding ecosystem-specific targets: this option sets targets and obligations for multiple ecosystems, habitats and groups of species that should be restored by 2030, 2040 and 2050. Targets and obligations are established for each of the EU’s main ecosystem types and would be directly applicable at Member State level. (4)Legally binding ecosystem-specific targets with an overarching objective: this option is a hybrid of the ecosystem-specific targets of option 3 and a variation of option 2, namely an overarching objective ‘to contribute to the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystems, and that the restoration measures together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration. This provides an overarching objective that the EU should strive towards, coupled with a set of ecosystem-specific targets and obligations for Member States. Option 4 was considered to be the best policy option as it is the most effective, efficient and policy coherent option. Having an overarching objective makes the specific targets more achievable, and the risk of not acting at all is the lowest out of all the options. In addition, the option reduces the risks of delaying action across all ecosystem types, by taking as much action possible now, where it is possible. This reduces the risk of postponing action, which would harm the environment, the economy and society.

Therefore, the preferred option allows the EU to act with urgency and start restoring ecosystems based on targets that can already be measured and monitored. In the future, once common methods are developed for assessing the good condition of the EU’s ecosystems, additional targets based on these common methods may be set by amending the regulation. This preferred option for the legal proposal will ensure the EU can reach its objectives of ecosystem restoration in the time proposed and in a cost-efficient manner. The benefits outweigh the costs for each of the main ecosystem types. For example, for inland and coastal wetlands it is estimated that the monetised benefits from carbon storage alone already exceed the estimated costs of ecosystem restoration. If estimates of other ecosystem services are included then the benefit-cost ratio is even higher. Overall, the benefits of restoring Annex I peatlands, marshlands, forests, heathland and scrub, grasslands, rivers, lakes and alluvial habitats, and coastal wetlands can be estimated as being in the order of EUR 1 860 billion (with costs estimated in the order of EUR 154 billion). Significant benefits are also estimated for marine and urban ecosystems, forests, agro-ecosystems and for pollinator restoration. For example, the value of crop pollination by insects was estimated of the order of EUR 5 billion per year in the EU. Beyond that, there are many other benefits, including the biological control of pests and the overall improvement of biodiversity. Based on the assessment of environmental, social and economic impacts it can be deduced that certain stakeholder groups may be initially impacted more than others. The regulation therefore requires that Member States, as part of their national restoration plans, to ensure public participation and define how the needs of local communities and stakeholders will be considered. Resources sought by Member States to reach their restoration objectives can come from EU sources, national funding and private sources. The impact on Member States’ budget will depend on the restoration needs and on the implementation of the associated restoration measures. These costs can be reduced by obtaining funding from EU or private sources. For example, a broad range of EU funds are available for restoration and the Taxonomy Regulation is expected to facilitate greater use of private funds. Resources will also be needed to develop national restoration plans, including consultation phases and monitoring. On reporting, the proposal minimises the administrative burden by making full use of existing reporting requirements and the potential to digitalise these processes. Furthermore, efficiency and cost reduction can be significantly improved by maximising the use of new technologies such as remote sensing, Copernicus satellite services and products, geographic information systems, in situ sensors and devices, data analysis and processing, and artificial intelligence. These technologies increase the speed, effectiveness and coherence of multiple monitoring and reporting processes The proposal deviates slightly from option 4 as some potential targets for soil will be covered at a later stage in separate legislation, as announced in the EU soil strategy. Regulatory fitness and simplification In line with the Commission’s commitment to better regulation, the proposal has been prepared inclusively, based on transparency and continuous engagement with stakeholders. In line with the ‘one in, one out’ approach, the administrative impacts have been analysed. The administrative costs will be mainly for the EU and public administrations in Member States. This would include costs for surveying ecosystems, developing national restoration plans, administration and monitoring of ecosystems chosen for restoration, and reporting. In the impact assessment, such administrative costs were estimated to be of the order of EUR 14 billion up to 2050. Fundamental rights The proposal respects the fundamental rights and in particular observes the principles recognised by the Charter of Fundamental Rights of the European Union. It contributes to the right to a high level of environmental protection and to improving the quality of the environment in line with the principle of sustainable development laid down in Article 37 of the Charter. 4.BUDGETARY IMPLICATIONS Implementation of the proposal will require human resources in the Commission, as specified in the attached legislative financial statement. The human resource implications for the Commission are expected to be implemented under its existing allocations. Implementation will also require support from the European Environment Agency for which additional resources will be needed, as outlined in the financial statement. This proposal includes articles that give details of further work that will be needed to implement the regulation, including an empowerment to adopt delegated or implementing acts (for example, to develop a uniform format for national restoration plans or to revise the annexes). The financial statement included in this proposal shows the detailed budgetary implications and the human and administrative resources required. 5.OTHER ELEMENTS Implementation plans and monitoring, evaluation and reporting arrangements Compliance and enforcement will be monitored through:

–information provided by Member States on their progress in meeting the targets and obligations set out in the proposal; –implementation of restoration measures set out in Member States’ national restoration plans; –trends in restored areas. The Commission will draw up progress reports based on the information from Member States as well as other data collected by the Commission (e.g. from Copernicus satellite services). Application of the regulation will be reviewed by 2035 to ensure that its objectives are being met and it is having the intended impact. The regulation will be amended when necessary, for example to introduce additional legally binding restoration targets for ecosystems based on new methods to assess the condition of such ecosystems. Detailed explanation of the specific provisions of the proposal The overarching objective is described in Article 1: to contribute to the continuous, long-term and sustained recovery of biodiverse and resilient nature across the EU’s land and sea areas through the restoration of ecosystems. This establishes a framework in which Member States will put in place restoration measures which together shall cover at least 20% of the EU’s land and sea areas by 2030 and all ecosystems in need of restoration by 2050. This builds on the headline ambition set out in the biodiversity strategy that by 2050 all ecosystems are restored, resilient and adequately protected, and that, as a milestone, Europe's biodiversity is on the path to recovery by 2030. It is recognised that restoring nature will significantly contribute to the EU’s climate mitigation and adaptation objectives, to prevent and mitigate the impact of natural disasters, and to the EU’s international commitments. The approach used for the framework described in Article 1 is to first build on the habitat types protected under the Habitats Directive for which there are already methods to ascertain good condition. Restoration targets can therefore be set for those habitats on the basis of those methods. Article 4 sets out restoration targets for terrestrial, coastal and freshwater ecosystems, and Article 5 sets out restoration targets for marine ecosystems (which includes other marine areas in addition to those covered by the Habitats Directive). Those targets address restoration and re-establishment of areas, as well as the restoration of habitats of species. Restoration goes hand in hand with protection and maintenance, and so an obligation is set out in both Article 4 and 5 to ensure that the condition of ecosystems does not deteriorate before or after restoration. For habitat types or ecosystems that are not covered by the Habitats Directive, good condition is not yet defined. However, further specific targets and obligations that will require additional restoration measures are laid down in Articles 6 to 10. Article 6 sets targets for ensuring no net loss, and the increase of green urban spaces in cities, towns and suburbs. Providing a minimum level of tree cover and providing green spaces are integrated into new and existing buildings and infrastructure developments contribute to these targets. Green spaces and tree cover are essential elements of urban green infrastructure, and they benefit people living in cities, towns and suburbs in ecological, social and economic ways. Article 7 sets obligations to remove river barriers. This will contribute to the natural longitudinal and lateral connectivity of rivers and the EU’s objective to have 25 000 km of free-flowing rivers. It will also help restore river areas and floodplains. Article 8 sets the obligation to reverse the decline of pollinators and to achieve an increasing trend of pollinator populations until satisfactory levels are reached. This will be based on a method for monitoring pollinators that will be established. To improve biodiversity of agro-ecosystems and forest ecosystems, Articles 9 and 10 set obligations for individual Member States to achieve an increasing trend for a set of indicators that are particularly important for the biodiversity of those ecosystems. The restoration targets and obligations set out in Articles 6 to 10 complement the targets set out in Article 4 and 5, and they will therefore also have an effect on areas covered by the habitat types protected under the Habitats Directive. Articles 11 and 12 describe the requirements for Member States’ national restoration plans. Restoration measures should be planned strategically so that they are as effective as possible in contributing to the recovery of nature across the EU and to climate change mitigation and adaptation. It is important that Member States prepare their national restoration plans based on the best and most recent scientific evidence available. Articles 13, 14 and 15 specify that Member States must submit their national restoration plans to the Commission for assessment and that they will have to respond to the Commission’s observations before adopting the plans. A process for review and regular revision of the national restoration plans is also described. Articles 17 and 18 contains monitoring and reporting requirements. Article 19 contains provisions to amend the annexes to the regulation.

Articles 20 and 21 set out the conditions for the Commission to adopt delegated and implementing acts. Article 22 provides for a review of the regulation by 31 December 2035. Article 23 provides for the entry into force and application of the regulation. 2022/0195 (COD) Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on nature restoration (Text with EEA relevance) THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) thereof, Having regard to the proposal from the European Commission, After transmission of the draft legislative act to the national parliaments, Having regard to the opinion of the European Economic and Social Committee, Having regard to the opinion of the Committee of the Regions, Acting in accordance with the ordinary legislative procedure, Whereas: (1)It is necessary to lay down rules at Union level on the restoration of ecosystems to ensure the recovery to biodiverse and resilient nature across the Union territory. Restoring ecosystems also contributes to the Union climate change mitigation and climate change adaptation objectives. (2)The European Green Deal has set out an ambitious roadmap to transform the Union into a fair and prosperous society, with a modern, resource-efficient and competitive economy, aiming to protect, conserve and enhance the Union’s natural capital, and to protect the health and well-being of citizens from environment-related risks and impacts. As part of the European Green Deal, the Commission has adopted an EU Biodiversity Strategy for 2030. (3)The Union and its Member States, as parties to the Convention on Biological Diversity, approved by Council Decision 93/626/EEC, are committed to the long-term strategic vision adopted by the Conference of the Parties in 2010 by Decision X/2 Strategic Plan for Biodiversity 2011-2020 that, by 2050, biodiversity is to be valued, conserved, restored and wisely used, maintaining ecosystem services, sustaining a healthy planet and delivering benefits essential for all people. (4)[placeholder for the restoration target of the new Global Biodiversity Framework to be agreed at CBD COP 15]

(5)The UN Sustainable Development Goals, in particular goals 14.2, 15.1, 15.2 and 15.3, refer to the need to ensure the conservation, restoration and sustainable use of terrestrial and inland freshwater ecosystems and their services, in particular forests, wetlands, mountains and drylands. (6)The United Nations General Assembly, in a resolution of 1 March 2019, proclaimed 2021–2030 the UN decade on ecosystem restoration, with the aim of supporting and scaling-up efforts to prevent, halt and reverse the degradation of ecosystems worldwide and raise awareness of the importance of ecosystem restoration. (7)The EU Biodiversity Strategy for 2030 aims to ensure that Europe’s biodiversity will be put on the path to recovery by 2030 for the benefits of people, the planet, the climate and our economy. It sets out an ambitious EU nature restoration plan with a number of key commitments, including a commitment to put forward a proposal for legally binding EU nature restoration targets to restore degraded ecosystems, in particular those with the most potential to capture and store carbon, and to prevent and reduce the impact of natural disasters. (8)In its resolution of 9 June 2021, the European Parliament strongly welcomed the commitment to draw up a legislative proposal with binding nature restoration targets, and furthermore considered that in addition to an overall restoration target, ecosystem-, habitat- and species-specific restoration targets should be included, covering forests, grasslands, wetlands, peatlands, pollinators, free-flowing rivers, coastal areas and marine ecosystems. (9)In its conclusions of 23 October 2020, the Council acknowledged that preventing further decline of the current state of biodiversity and nature will be essential, but not sufficient to bring nature back into our lives. The Council reaffirmed that more ambition on nature restoration is needed as proposed with the new EU Nature Restoration Plan, which includes measures to protect and restore biodiversity beyond protected areas. The Council also stated that it awaited a proposal for legally binding nature restoration targets, subject to an impact assessment. (10)The EU Biodiversity Strategy for 2030 sets out a commitment to legally protect a minimum of 30 % of the land, including inland waters, and 30 % of the sea in the Union, of which at least one third should be under strict protection, including all remaining primary and old-growth forests. The criteria and guidance for the designation of additional protected areas by Member States (the ‘Criteria and guidance’), developed by the Commission in cooperation with Member States and stakeholders, highlight that if the restored areas comply or are expected to comply, once restoration produces its full effect, with the criteria for protected areas, those restored areas should also contribute towards the Union targets on protected areas. The Criteria and guidance also highlight that protected areas can provide an important contribution to the restoration targets in the EU Biodiversity Strategy for 2030, by creating the conditions for restoration efforts to be successful. This is particularly the case for areas which can recover naturally by stopping or limiting some of the pressures from human activities. Placing such areas, including in the marine environment, under strict protection, will, in some cases, be sufficient to lead to the recovery of the natural values they host. Moreover, it is emphasised in the Criteria and guidance that all Member States are expected to contribute towards reaching the Union targets on protected areas set out in the EU Biodiversity Strategy for 2030, to an extent that is proportionate to the natural values they host and to the potential they have for nature restoration. (11)The EU Biodiversity Strategy for 2030 sets out a target to ensure that there is no deterioration in conservation trends or in the status of protected habitats and species and that at least 30 % of species and habitats not currently in favourable status will fall into that category or show a strong positive trend towards falling into that category by 2030. The guidance developed by the Commission in cooperation with Member States and stakeholders to support the achievement of these targets highlights that maintenance and restoration efforts are likely to be required for most of those habitats and species, either by halting their current negative trends by 2030 or by maintaining current stable or improving trends, or by preventing the decline of habitats and species with a favourable conservation status. The guidance further emphasises that those restoration efforts primarily need to be planned, implemented and coordinated at national or regional levels and that, in selecting and prioritising the species and habitats to be improved by 2030, synergies with other Union and international targets, in particular environmental or climate policy targets, are to be sought. (12)The Commission’s State of Nature Report from 2020 noted that the Union has not yet managed to stem the decline of protected habitat types and species whose conservation is of concern to the Union. That decline is caused mostly by abandonment of extensive agriculture, intensifying management practices, the modification of hydrological regimes, urbanisation and pollution as well as unsustainable forestry activities and species exploitation. Furthermore, invasive alien species and climate change represent major and growing threats to native Union flora and fauna. (13)It is appropriate to set an overarching objective for ecosystem restoration to foster economic and societal transformation, the creation of high-quality jobs and sustainable growth. Biodiverse ecosystems such as wetland, freshwater, forest as well as agricultural, sparsely vegetated, marine, coastal and urban ecosystems deliver, if in good condition, a range of essential ecosystem services, and the benefits of restoring degraded ecosystems to good condition in all land and sea areas far outweigh the costs of restoration. Those services contribute to a broad range of socio-economic benefits, depending on the economic, social, cultural, regional and local characteristics. (14)The United Nations Statistical Commission adopted the System of Environmental Economic Accounting - Ecosystem Accounting (SEEA EA) at its 52nd session in March 2021. SEEA EA constitutes an integrated and comprehensive statistical framework for organising data about habitats and landscapes, measuring the extent, condition and services of ecosystems, tracking changes in ecosystem assets, and linking this information to economic and other human activity. (15)Securing biodiverse ecosystems and tackling climate change are intrinsically linked. Nature and nature-based solutions, including natural carbon stocks and sinks, are fundamental for fighting the climate crisis. At the same time, the climate crisis is already a driver of terrestrial and marine ecosystem change, and the Union must prepare for the increasing intensity, frequency and pervasiveness of its effects. The Special Report of the Intergovernmental Panel on Climate Change (IPCC) on the impacts of global warming of 1.5°C pointed out that some impacts may be long-lasting or irreversible. The Sixth IPCC Assessment Report states that restoring ecosystems will be fundamental in helping to combat climate change and also in reducing risks to food security. The Intergovernmental Science-Policy Platform on Biodiversity and Ecosystem Services (IPBES) in its 2019 Global Assessment Report on Biodiversity and Ecosystem Services considered climate change a key driver of change in nature, and it expected its impacts to increase over the coming decades, in some cases surpassing the impact of other drivers of ecosystem change such as changed land and sea use. (16)Regulation (EU) 2021/1119 of the European Parliament and of the Council sets out a binding objective of climate neutrality in the Union by 2050 and negative emissions thereafter, and to prioritise swift and predictable emission reductions and, at the same time, enhance removals by natural sinks. The restoration of ecosystems can make an important contribution to maintaining, managing and enhancing natural sinks and to increasing biodiversity while fighting climate change. Regulation (EU) 2021/1119 also requires relevant Union institutions and the Member States to ensure continuous progress in enhancing adaptive capacity, strengthening resilience and reducing vulnerability to climate change. It also requires that Member States integrate adaptation in all policy areas and promote nature-based solutions and ecosystem-based adaptation. (17)The Commission’s Communication on adaptation to climate change from 2021 emphasises the need to promote nature-based solutions and recognises that cost-effective adaptation to climate change can be achieved by protecting and restoring wetlands and peatlands as well as coastal and marine ecosystems, by developing urban green spaces and installing green roofs and walls and by promoting and sustainably managing forests and farmland. Having a greater number of biodiverse ecosystems leads to a higher resilience to climate change and provides more effective forms of disaster reduction and prevention. (18)Union climate policy is being revised in order to follow the pathway proposed in Regulation (EU) 2021/1119 to reduce net emissions by at least 55 % by 2030 compared to 1990. In particular, the proposal for a Regulation of the European Parliament and of the Council amending Regulations (EU) 2018/841 and (EU) 2018/1999 aims to strengthen the contribution of the land sector to the overall climate ambition for 2030 and aligns the objectives as regards accounting of emissions and removals from the land use, land use change and forestry (‘LULUCF’) sector with related policy initiatives on biodiversity. That proposal emphasises the need for the protection and enhancement of nature-based carbon removals, for the improvement of the resilience of ecosystems to climate change, for the restoration of degraded land and ecosystems, and for rewetting peatlands. It further aims to improve the monitoring and reporting of greenhouse gas emissions and removals of land subject to protection and restoration. In this context, it is important that ecosystems in all land categories, including forests, grasslands, croplands and wetlands, are in good condition in order to be able to effectively capture and store carbon. (19)Geo-political developments have further underlined the need to safeguard the resilience of food systems. Evidence shows that restoring agro-ecosystems has positive impacts on food productivity in the long-term, and that the restoration of nature acts as an insurance policy to ensure the EU’s long-term sustainability and resilience. (20)In the final report of the Conference on the Future of Europe, citizens call on the Union to protect and restore biodiversity, the landscape and oceans, eliminate pollution and to foster knowledge, awareness, education, and dialogues on environment, climate change, energy use, and sustainability. (21)The restoration of ecosystems, coupled with efforts to reduce wildlife trade and consumption, will also help prevent and build up resilience to possible future communicable diseases with zoonotic potential, therefore decreasing the risks of outbreaks and pandemics, and contribute to support EU and global efforts to apply the One Health approach, which recognises the intrinsic connection between human health, animal health and healthy resilient nature. (22)Soils are an integral part of terrestrial ecosystems. The Commission’s 2021 Communication ‘EU Soil Strategy for 2030’ outlines the need to restore degraded soils and enhance soil biodiversity. (23)Council Directive 92/43/EEC and Directive 2009/147/EC of the European Parliament and of the Council aim to ensure the long-term protection, conservation and survival of Europe's most valuable and threatened species and habitats as well as the ecosystems of which they are part. Natura 2000, which was established in 1992 and is the largest coordinated network of protected areas in the world, is the key instrument implementing the objectives of those two Directives. (24)A framework and guidance already exist to determine good condition of habitat types protected under Directive 92/43/EEC and to determine sufficient quality and quantity of the habitats of species falling within the scope of that Directive. Restoration targets for those habitat types and habitats of species can be set based on that framework and guidance. However, such restoration will not be enough to reverse biodiversity loss and recover all ecosystems. Therefore, additional obligations should be established based on specific indicators in order to enhance biodiversity at the scale of wider ecosystems.

(25)Building on Directives 92/43/EEC and 2009/147/EC and in order to support the achievement of the objectives set out in those Directives, Member States should put in place restoration measures to ensure the recovery of protected habitats and species, including wild birds, across Union areas, also in areas that fall outside Natura 2000. (26)Directive 92/43/EEC aims to maintain and restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Union interest. However, it does not set a deadline for achieving that goal. Similarly, Directive 2009/147/EC does not establish a deadline for the recovery of bird populations in the Union. (27)Deadlines should therefore be established for putting in place restoration measures within and beyond Natura 2000 sites, in order to gradually improve the condition of protected habitat types across the Union as well as to re-establish them until the favourable reference area needed to achieve favourable conservation status of those habitat types in the Union is reached. In order to give the necessary flexibility to Member States to put in place large scale restoration efforts, it is appropriate to group habitat types according to the ecosystem to which they belong and set the time-bound and quantified area-based targets for groups of habitat types. This will allow Member States to choose which habitats to restore first within the group. (28)Similar requirements should be set for the habitats of species that fall within the scope of Directive 92/43/EEC and habitats of wild birds that fall within the scope of Directive 2009/147/EC, having special regard to the connectivity needed between both of those habitats in order for the species populations to thrive. (29)It is necessary that the restoration measures for habitat types are adequate and suitable to reach good condition and the favourable reference areas as swiftly as possible, with a view to achieving their favourable conservation status. It is important that the restoration measures are those necessary to achieve the time-bound and quantified area-based targets. It is also necessary that the restoration measures for the habitats of the species are adequate and suitable to reach their sufficient quality and quantity as swiftly as possible with a view to achieving the favourable conservation status of the species. (30)It is important to ensure that the restoration measures put in place under this Regulation deliver concrete and measurable improvement in the condition of the ecosystems, both at the level of the individual areassubject to restoration and at national and Union levels. (31)In order to ensure that the restoration measures are efficient and that their results can be measured over time, it is essential that the areas that are subject to such restoration measures, with a view to improving the condition of habitats that fall within the scope of Annex I to Directive 92/43/EEC, to re-establish those habitats and to improve their connectivity, show a continuous improvement until good condition is reached. (32)It is also essential that the areas that are subject to restoration measures with a view to improving the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, show a continuous improvement to contribute to the achievement of a sufficient quantity and quality of the habitats of such species. (33)It is important to ensure a gradual increase of the areas covered by habitat types that fall within the scope of Directive 92/43/EEC that are in good condition across the territory of Member States and of the Union as a whole, until the favourable reference area for each habitat type is reached and at least 90 % at Member State level of that area is in good condition, so as to allow those habitat types in the Union to achieve favourable conservation status. (34)It is important to ensure a gradual increase of the quality and quantity of the habitats of species that fall within the scope of Directive 92/43/EEC, as well as habitats of wild birds falling within the scope of Directive 2009/147/EC, across the territory of Member States and ultimately of the Union, until it is sufficient to ensure the long-term survival of those species. (35)It is important that the areas covered by habitat types falling within the scope of this Regulation do not deteriorate as compared to the current situation, considering the current restoration needs and the necessity not to further increase the restoration needs in the future. It is, however, appropriate to consider the possibility of force majeure, which may result in the deterioration of areas covered by those habitat types, as well as unavoidable habitat transformations which are directly caused by climate change, or as a result of 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 of a plan or project authorised in accordance with Article 6(4) of Directive 92/43/EEC. (36)The EU Biodiversity Strategy for 2030 emphasises the need for stronger action to restore degraded marine ecosystems, including carbon-rich ecosystems and important fish spawning and nursery areas. The Strategy also announces that the Commission is to propose a new action plan to conserve fisheries resources and protect marine ecosystems. (37)The marine habitat types listed in Annex I to Directive 92/43/EEC are defined broadly and comprise many ecologically different sub-types with different restoration potential, which makes it difficult for Member States to establish appropriate restoration measures at the level of those habitat types. The marine habitat types should therefore be further specified by using relevant levels of the European nature information system (EUNIS) classification of marine habitats. Member States should establish favourable reference areas for reaching the favourable conservation status of each of those habitat types, in so far as those reference areas are not already addressed in other Union legislation. (38)Where the protection coastal and marine habitats requires that fishing or aquaculture activities are regulated, the common fisheries policy applies. Regulation (EU) No 1380/2013 of the European Parliament and of the Council provides, in particular, that the common fisheries policy is to implement the ecosystem-based approach to fisheries management so as to ensure that negative impacts of fishing activities on the marine ecosystem are minimised. That Regulation also provides that that policy is to endeavour to ensure that aquaculture and fisheries activities avoid the degradation of the marine environment. (39)In order to achieve the objective of continuous, long-term and sustained recovery of biodiverse and resilient nature, Member States should make full use of the possibilities provided under the common fisheries policy. Within the scope of the exclusive competence of the Union with regard to conservation of marine biological resources, Member States have the possibility to take non-discriminatory measures for the conservation and management of fish stocks and the maintenance or improvement of the conservation status of marine ecosystems within the limit of 12 nautical miles. In addition, Member States that have a direct management interest have the possibility to agree to submit joint recommendations for conservation measures necessary for compliance with obligations under Union law on the environment. Such measures will be assessed and adopted according to the rules and procedures provided for under the common fisheries policy. (40)Directive 2008/56/EC requires Member States to cooperate bilaterally and within regional and sub-regional cooperation mechanisms, including through regional sea conventions, as well as, where fisheries measures are concerned, in the context of the regional groups established under the common fisheries policy. (41)It is important that restoration measures are also put in place for the habitats of certain marine species, such as sharks and rays, that fall within the scope of the Convention on the Conservation of Migratory Species of Wild Animals, but outside the scope of Directive 92/43/EEC, as they have an important function in the ecosystem. (42)To support the restoration and non-deterioration of terrestrial, freshwater, coastal and marine habitats, Member States have the possibility to designate additional areas as ‘protected areas’ or ‘strictly protected areas’, to implement other effective area-based conservation measures, and to promote private land conservation measures. (43)Urban ecosystems represent around 22 % of the land surface of the Union, and constitute the area in which a majority of the citizens of the Union live. Urban green spaces include urban forests, parks and gardens, urban farms, tree-lined streets, urban meadows and urban hedges, and provide important habitats for biodiversity, in particular plants, birds and insects, including pollinators. They also provide vital ecosystem services, including natural disaster risk reduction and control (e.g. floods, heat island effects), cooling, recreation, water and air filtration, as well as climate change mitigation and adaptation. (44)Actions to ensure that urban green spaces will no longer be at risk of being degraded need to be strongly enhanced. In order to ensure that urban green spaces continue to provide the necessary ecosystem services, their loss should be stopped and they should be restored and increased, inter alia by better integrating green infrastructure and nature-based solutions into urban planning and by integrating green infrastructure, such as green roofs and green walls, in the design of buildings.

(45)The EU Biodiversity Strategy for 2030 requires greater efforts to restore freshwater ecosystems and the natural functions of rivers. The restoration of freshwater ecosystems should include efforts to restore the natural longitudinal and lateral connectivity of rivers as well as their riparian areas and floodplains, including through the removal of barriers with a view to supporting the achievement of favourable conservation status for rivers, lakes and alluvial habitats and species living in those habitats protected by Directives 92/43/EEC and 2009/147/EC, and the achievement of one of the key objectives of the EU Biodiversity Strategy for 2030, namely, the restoration of at least 25 000 km of free-flowing rivers. When removing barriers, Member States should primarily address obsolete barriers, which are those that are no longer needed for renewable energy generation, inland navigation, water supply or other uses. (46)In the Union, pollinators have dramatically declined in recent decades, with one in three bee species and butterfly species in decline, and one in ten such species on the verge of extinction. Pollinators are essential for the functioning of terrestrial ecosystems, human wellbeing and food security, by pollinating wild and cultivated plants. Almost EUR 5 000 000 000 of the EU’s annual agricultural output is directly attributed to insect pollinators. (47)The Commission launched the EU Pollinators Initiative on 1 June 2018 in response to calls from the European Parliament and from the Council to address the decline of pollinators. The progress report on the implementation of the initiative showed that significant challenges remain in tackling the drivers of pollinator decline, including the use of pesticides. The European Parliament and the Council called for stronger actions to tackle pollinator decline and for the establishment of a Union-wide monitoring framework for pollinators, and clear objectives and indicators regarding the commitment to reverse the decline of pollinators. The European Court of Auditors has recommended that the Commission set up appropriate governance and monitoring mechanisms for actions to address threats to pollinators (48)The proposal for a Regulation of the European Parliament and of the Council on the sustainable use of plant protection products [for adoption on 22 June 2022, include title and number of the adopted act when available] aims to regulate one of the drivers of pollinator decline by prohibiting the use of pesticides in ecologically sensitive areas, many of which are covered by this Regulation, for example areas sustaining pollinator species which the European Red Lists classify as being threatened with extinction. (49)Sustainable, resilient and biodiverse agricultural ecosystems are needed to provide safe, sustainable, nutritious and affordable food. Biodiversity-rich agricultural ecosystems also increase agriculture’s resilience to climate change and environmental risks, while ensuring food safety and security and creating new jobs in rural areas, in particular jobs linked to organic farming as well as rural tourism and recreation. Therefore, the Union needs to improve the biodiversity in its agricultural lands, through a variety of existing practices beneficial to or compatible with the biodiversity enhancement, including extensive agriculture. Extensive agriculture is vital for the maintenance of many species and habitats in biodiversity rich areas. There are many extensive agricultural practices which have multiple and significant benefits on the protection of biodiversity, ecosystem services and landscape features such as precision agriculture, organic farming, agro-ecology, agroforestry and low intensity permanent grassland. (50)Restoration measures need to be put in place to enhance the biodiversity of agricultural ecosystems across the Union, including in the areas not covered by habitat types that fall within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of agricultural ecosystems that would allow setting specific restoration targets for agricultural ecosystems, it is appropriate to set a general obligation to improve biodiversity in agricultural ecosystems and measure the fulfilment of that obligation on the basis of existing indicators. (51)Since farmland birds are well-known and widely recognised key indicators of the health of agricultural ecosystems, it is appropriate to set targets for their recovery. The obligation to achieve such targets would apply to Member States, not to individual farmers. Member States should achieve those targets by putting in place effective restoration measures on farmland, working with and supporting farmers and other stakeholders for their design and implementation on the ground. (52)High-diversity landscape features on agricultural land, including buffer strips, rotational or non-rotational fallow land, hedgerows, individual or groups of trees, tree rows, field margins, patches, ditches, streams, small wetlands, terraces, cairns, stonewalls, small ponds and cultural features, provide space for wild plants and animals, including pollinators, prevent soil erosion and depletion, filter air and water, support climate change mitigation and adaptation and agricultural productivity of pollination-dependent crops. Productive trees that are part of arable land agroforestry systems and productive elements in non-productive hedges can also be considerd as high biodiversity landscape features provided that they do not receive fertilizers or pesticide treatment and if harvest takes place only at moments where it would not compromise high biodiversity levels. Therefore, a requirement to ensure an increasing trend for the share of agricultural land with high-diversity landscape features should be set out. Such a requirement would enable the Union to achieve one of the other key commitments of the EU Biodiversity Strategy for 2030, namely, to cover at least 10 % of agricultural area with high-diversity landscape features. Increasing trends should also be achieved for other existing indicators, such as the grassland butterfly index and the stock of organic carbon in cropland mineral soils. (53)The Common Agricultural Policy (CAP) aims to support and strengthen environmental protection, including biodiversity. The policy has among its specific objectives to contribute to halting and reversing biodiversity loss, enhance ecosystem services and preserve habitats and landscapes. The new CAP conditionality standard Nr. 8 on Good Agricultural and Environmental Conditions (GAEC 8), requires beneficiaries of area related payments to have at least 4% of arable land at farm level devoted to non-productive areas and features, including land lying fallow and to retain existing landscape features. The 4% share to be attributed to compliance with that GAEC standard can be reduced to 3 % if certain pre-requisites are met. That obligation will contribute to Member States reaching a positive trend in high-diversity landscape features on agricultural land. In addition, under the CAP, Member States have the possibility to set up eco-schemes for agricultural practices carried out by farmers on agricultural areas that may include maintenance and creation of landscape features or non-productive areas. Similarly, in their CAP strategic plans, Member States can also include agri-environment-climate commitments including the enhanced management of landscape features going beyond conditionality GAEC 8 and/or eco-schemes. LIFE nature and biodiversity projects will also help to put Europe's biodiversity on agricultural land on a path to recovery by 2030, by supporting the implementation of Directive 92/43/EEC and Directive 2009/147/EC as well as the EU Biodiversity Strategy for 2030. (54)Restoration and rewetting of organic soils in agricultural use (i.e. under grassland and cropland use) constituting drained peatlands help achieve significant biodiversity benefits, an important reduction of green-house gas emissions and other environmental benefits, while at the same time contributing to a diverse agricultural landscape. Member States can choose from a wide range of restoration measures for drained peatlands in agricultural use spanning from converting cropland to permanent grassland and extensification measures accompanied by reduced drainage, to full rewetting with the opportunity of paludicultural use, or the establishment of peat-forming vegetation. The most significant climate benefits are created by restoring and rewetting cropland followed by the restoration of intensive grassland. To allow for a flexible implementation of the restoration target for drained peatlands under agricultural use Member States may count the restoration measures and rewetting of drained peatlands in areas of peat extraction sites as well as, to a certain extent, the restoration and rewetting of drained peatlands under other land uses (for example forest) as contributing to the achievement of the targets for drained peatlands under agricultural use. (55)In order to reap the full biodiversity benefits, restoration and rewetting of areas of drained peatland should extend beyond the areas of wetlands habitat types listed in Annex I of Directive 92/43/EEC that are to be restored and re-established. Data about the extent of organic soils as well as their greenhouse gas emissions and removals are monitored and made available by LULUCF sector reporting in national greenhouse gas inventories by Member States, submitted to the UNFCCC. Restored and rewetted peatlands can continue to be used productively in alternative ways. For example, paludiculture, the practice of farming on wet peatlands, can include cultivation of various types of reeds, certain forms of timber, blueberry and cranberry cultivation, sphagnum farming, and grazing with water buffaloes. Such practices should be based on the principles of sustainable management and aimed at enhancing biodiversity so that they can have a high value both financially and ecologically. Paludiculture can also be beneficial to several species which are endangered in the Union and can also facilitate the connectivity of wetland areas and of associated species populations in the Union. Funding for measures to restore and rewet drained peatlands and to compensate possible losses of income can come from a wide range of sources, including expenditure under the Union budget and Union financing programmes. (56)The new EU Forest Strategy for 2030 outlined the need to restore forest biodiversity. Forests and other wooded land cover over 43,5 % of the EU’s land space. Forest ecosystems that host rich biodiversity are vulnerable to climate change but are also a natural ally in adapting to and fighting climate change and climate-related risks, including through their carbon-stock and carbon-sink functions, and provide many other vital ecosystem services and benefits, such as the provision of timber and wood, food and other non-wood products, climate regulation, soil stabilisation and erosion control and the purification of air and water. (57)Restoration measures need to be put in place to enhance the biodiversity of forest ecosystems across the Union, including in the areas not covered by habitat types falling within the scope of Directive 92/43/EEC. In the absence of a common method for assessing the condition of forest ecosystems that would allow for the setting of specific restoration targets for forest ecosystems, it is appropriate to set a general obligation to improve biodiversity in forest ecosystems and measure the fulfilment of that obligation on the basis of existing indicators, such as standing and lying deadwood, the share of forests with uneven-aged structure, forest connectivity, the common forest bird index, and the stock of organic carbon. (58)Restoration targets and obligations for habitats and species protected under Directives 92/43/EEC and 2009/147/EC, for pollinators and for freshwater, urban, agricultural and forest ecosystems should be complementary and work in synergy, with a view to achieving the overarching objective of restoring ecosystems across the Union’s land and sea areas. The restoration measures required to achieve one specific target will in many cases contribute to the achievement of other targets or obligations. Member States should therefore plan restoration measures strategically with a view to maximising their effectiveness in contributing to the recovery of nature across the Union. Restoration measures should also be planned in such manner that they address climate change mitigation and climate change adaptation and the prevention and control of the impact of natural disasters. They should aim at optimising the ecological, economic and social functions of ecosystems, including their productivity potential, taking into account their contribution to the sustainable development of the relevant regions and communities. It is important that Member States prepare detailed national restoration plans based on the best available scientific evidence, and that the public is given early and effective opportunities to participate in the preparation of the plans. Member States should take account of the specific conditions and needs in their territory, in order for the plans to respond to the relevant pressures, threats and drivers of biodiversity loss, and should cooperate to ensure restoration and connectivity across borders. (59)To ensure synergies between the different measures that have been, and are to be put in place to protect, conserve and restore nature in the Union, Member States should take into account, when preparing their national restoration plans: the conservation measures established for Natura 2000 sites and the prioritised action frameworks prepared in accordance with Directives 92/43/EEC and 2009/147/EC; measures for achieving good ecological and chemical status of water bodies included in river basin management plans prepared in accordance with Directive 2000/60/EC; marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC; national air pollution control programmes prepared under Directive (EU) 2016/2284; national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity, as well as conservation measures adopted in accordance with Regulation 1380/2013 and technical measures adopted in accordance with Regulation (EU) 2019/1241 of the European Parliament and of the Council. (60)In order to ensure coherence between the objectives of this Regulation and Directive (EU) 2018/2001, Regulation (EU) 2018/1999 and Directive 98/70/EC of the European Parliament and of the Council as regards the promotion of energy from renewable sources, in particular, during the preparation of national restoration plans, Member States should take account of the potential for renewable energy projects to make contributions towards meeting nature restoration objectives. (61)Considering the importance of addressing consistently the dual challenges of biodiversity loss and climate change, the restoration of biodiversity should take into account the deployment of renewable energy and vice versa. The Communication on REPowerEU: Joint European Action for more affordable, secure and sustainable energy states that Member States should swiftly map, assess and ensure suitable land and sea areas that are available for renewable energy projects, commensurate with their national energy and climate plans, the contributions towards the revised 2030 renewable energy target and other factors such as the availability of resources, grid infrastructure and the targets of the EU Biodiversity Strategy. The Commission proposal for a Directive of the European Parliament and of the Council amending Directive (EU) 2018/2001 on the promotion of the use of energy from renewable sources, Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency and the Commission recommendation on accelerating permitting for renewable energy projects and facilitating Power Purchase Agreements, both adopted on 18 May 2022, also provide for the identification of renewables go-to areas. Those are specific locations, whether on land or sea, particularly suitable for the installation of plants for the production of energy from renewable sources, other than biomass combustion plants, where the deployment of a specific type of renewable energy is not expected to have significant environmental impacts, in view of the particularities of the selected territory. Member States should give priority to artificial and built surfaces, such as rooftops, transport infrastructure areas, parking areas, waste sites, industrial sites, mines, artificial inland water bodies, lakes or reservoirs, and, where appropriate, urban waste water treatment sites, as well as degraded land not usable for agriculture. In the designation of renewables go-to areas, Member States should avoid protected areas and consider their national nature restoration plans. Member States should coordinate the development of national restoration plans with the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States should ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001, remain unchanged. (62)In order to ensure synergies with restoration measures that have already been planned or put in place in Member States, the national restoration plans should recognise those restoration measures and take them into account. In light of the urgency signalled by the 2022 IPCC report for taking actions on restoration of degraded ecosystems, Member States should implement those measures in parallel with the preparation of the restoration plans. (63)The national restoration plans should also take into account the results of research projects relevant for assessing the condition of ecosystems, identifying and putting in place restoration measures, and monitoring purposes. (64)It is appropriate to take into account the specific situation of the Union’s outermost regions, as listed in Article 349 of the Treaty on the Functioning of the European Union (TFEU), which provides for specific measures to support those regions. As envisaged in the EU Biodiversity Strategy for 2030, particular focus should be placed on protecting and restoring the outermost regions’ ecosystems, given their exceptionally rich biodiversity value.

(65)The European Environment Agency (the ‘EEA’) should support Member States in preparing the national restoration plans, as well as in monitoring progress towards meeting the restoration targets and obligations. The Commission should assess whether the national restoration plans are adequate for achieving those targets and obligations. (66)The Commission’s State of Nature Report from 2020 has shown that a substantial share of the information reported by Member States in accordance with Article 17 of Council Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, in particular on the conservation status and trends of the habitats and species they protect, comes from partial surveys or is based only on expert judgment. That Report also showed that the status of several habitat types and species protected under Directive 92/43/EEC is still unknown. Filling in those knowledge gaps and investing in monitoring and surveillance are necessary in order to underpin robust and science-based national restoration plans. In order to increase the timeliness, effectiveness and coherence of various monitoring methods, the monitoring and surveillance should make best possible use of the results of Union-funded research and innovation projects, new technologies, such as in-situ monitoring and remote sensing using space data and services delivered under the Union’s Space programme (EGNOS/Galileo and Copernicus). The EU missions ‘Restore Our Ocean and Waters’, ‘Adaptation to Climate Change’, and ‘A Soil Deal for Europe’ will support the implementation of the restoration targets. (67)In order to monitor the progress in implementing the national restoration plans, the restoration measures put in place, the areas subject to restoration measures, and the data on the inventory of barriers to river continuity, a system should be introduced requiring Member States to set up, keep up-to-date and make accessible relevant data on results from such monitoring. The electronic reporting of data to the Commission should make use of EEA’s Reportnet system and should aim to keep the administrative burden on all entities as limited as possible. To ensure an appropriate infrastructure for public access, reporting and data-sharing between public authorities, Member States should, where relevant, base the data specifications on those referred to in Directive 2003/4/EC of the European Parliament and of the Council, Directive 2007/2/EC of the European Parliament and of the Council and Directive (EU) 2019/1024 of the European Parliament and of the Council. (68)In order to ensure an effective implementation of this Regulation, the Commission should support Member States upon request through the Technical Support Instrument, which provides tailor-made technical support to design and implement reforms. The technical support involves, for example, strengthening the administrative capacity, harmonising the legislative frameworks, and sharing relevant best practices. (69)The Commission should report on the progress made by Member States towards meeting the restoration targets and obligations of this Regulation on the basis of Union-wide progress reports drawn up by the EEA as well as other analysis and reports made available by Member States in relevant policy areas such as nature, marine and water policy. (70)To ensure the achievement of the targets and obligations set out in this Regulation, it is of utmost importance that adequate private and public investments are made in restoration, Member States should integrate expenditure for biodiversity objectives, including in relation to opportunity and transition costs resulting from the implementation of the national restoration plans, in their national budgets and reflect how Union funding is used. Regarding the Union funding, expenditure under the Union budget and Union financing programmes, such as the Programme for the Environment and Climate Action (LIFE), the European Maritime Fisheries and Aquaculture Fund (EMFAF), the European Agricultural Fund for Rural Development (EAFRD), the European Agricultural Guarantee Fund (EAGF), the European Regional Development Fund (ERDF), the Cohesion Fund and the Just Transition Fund, as well as the Union framework programme for research and innovation, Horizon Europe, contributes to biodiversity objectives with the ambition to dedicate 7,5 % in 2024, and 10 % in 2026 and in 2027 of annual spending under the 2021-2027 Multiannual Financial Framework to biodiversity objectives. The Recovery and Resilience Facility (RRF) is a further source of funding for the protection and restoration of biodiversity and ecosystems. With reference to the LIFE Programme, special attention should be given to the appropriate use of the Strategic Nature Projects (SNaPs) as a specific tool that could support the implementation of this Regulation, by way of mainstreaming available financial resources in an effective and efficient way. (71)A range of EU, national and private initiatives are available to stimulate private financing, such as the InvestEU Programme, which offers opportunities to mobilise public and private finance to support inter alia the enhancement of nature and biodiversity by means of green and blue infrastructure projects, and carbon farming as a green business-model. (72)Member States should promote a fair and cross-society approach in the preparation and implementation of their national restoration plans, by including processes for participation of the public and by considering the needs of local communities and stakeholders. (73)Pursuant to Regulation (EU) 2021/2115 of the European Parliament and of the Council, CAP Strategic Plans are meant to contribute to the achievement of, and be consistent with, the long-term national targets set out in, or deriving from, the legislative acts listed in Annex XIII to that Regulation. This Regulation on nature restoration should be taken into account when, in accordance with Article 159 of Regulation (EU) 2021/2115, the Commission reviews, by 31 December 2025, the list set out in Annex XIII to that Regulation. (74)In line with the commitment in the 8th Environment Action Programme to 2030, Member States should phase out environmentally harmful subsidies at national level, making the best use of market-based instruments and green budgeting tools, including those required to ensure a socially fair transition, and supporting businesses and other stakeholders in developing standardised natural capital accounting practices. (75)In order to ensure the necessary adaptation of this Regulation, the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amending Annexes I to VII to adapt the group of habitats, to update the information on the common farmland bird index, as well as to adapt the list of biodiversity indicators for agricultural ecosystems, the list of biodiversity indicators for forest ecosystems and the list of marine species to the latest scientific evidence and the examples of restoration measures. It is of particular importance that the Commission carries out appropriate consultations during its preparatory work, including at expert level, and that those consultations be conducted in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making52. In particular, to ensure equal participation in the preparation of delegated acts, the European Parliament and the Council receive all documents at the same time as Member States’ experts, and their experts systematically have access to meetings of Commission expert groups dealing with the preparation of delegated acts. (76)In order to ensure uniform conditions for the implementation of this Regulation, implementing powers should be conferred on the Commission in order to specify the method for monitoring pollinators, to specify the methods for monitoring the indicators for agricultural ecosystems listed in Annex IV to this Regulation and the indicators for forest ecosystems listed in Annex VI to this Regulation, to develop a framework for setting the satisfactory levels of pollinators, of indicators for agricultural ecosystems listed in Annex IV to this Regulation and of indicators for forest ecosystems listed in Annex VI to this Regulation, to set out a uniform format for the national restoration plans, to set out the format, structure and detailed arrangements for reporting data and information electronically to the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and the Council. (77)The Commission should carry out an evaluation of this Regulation. Pursuant to paragraph 22 of the Interinstitutional Agreement on Better Law-Making, that evaluation should be based on the criteria of efficiency, effectiveness, relevance, coherence and EU value added and should provide the basis for impact assessments of possible further measures. In addition, the Commission should assess the need to establish additional restoration targets, based on common methods for assessing the condition of ecosystems not covered by Articles 4 and 5, taking into account the most recent scientific evidence. (78)Since the objectives of this Regulation cannot be sufficiently achieved by Member States but can rather, by reason of its scale and effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve those objectives. HAVE ADOPTED THIS REGULATION: CHAPTER I GENERAL PROVISIONS Article 1

Subject matter

1.This Regulation lays down rules to contribute to: (a)the continuous, long-term and sustained recovery of biodiverse and resilient nature across the Union’s land and sea areas through the restoration of ecosystems; (b)achieving the Union’s overarching objectives concerning climate change mitigation and climate change adaptation; (c)meeting the Union’s international commitments. 2.This Regulation establishes a framework within which Member States shall put in place, without delay, effective and area-based restoration measures which together shall cover, by 2030, at least 20 % of the Union’s land and sea areas and, by 2050, all ecosystems in need of restoration. Article 2

Geographical scope This Regulation applies to ecosystems referred to in Articles 4 to 10: (a)in the territory of Member States; (b)in waters, the seabed and subsoil on the seaward side of the baseline from which the extent of the territorial waters is measured extending to the outmost reach of the area where a Member State exercises sovereign rights, in accordance with the 1982 United Nations Convention on the Law of the Sea. Article 3

Definitions The following definitions apply: (1)‘ecosystem’ means a dynamic complex of plant, animal, 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 an environment defined by specific abiotic and biotic factors, in which the species lives at any stage of its biological cycle; (3)‘restoration’ means the process of actively or passively assisting the recovery of an ecosystem towards or to good condition, of a habitat type to the highest level of condition attainable and to its favourable reference area, of a habitat of a species to a sufficient quality and quantity, or of species populations to satisfactory levels, as a means of conserving or enhancing biodiversity and ecosystem resilience; (4)‘good condition’ means a state where the key characteristics of an ecosystem, namely its physical, chemical, compositional, structural and functional state, and its landscape and seascape characteristics, reflect the high level of ecological integrity, stability and resilience necessary to ensure its long-term maintenance; (5)‘favourable reference area’ means the total area of a habitat type in a given biogeographical region or marine region at national level that is considered the minimum necessary to ensure the long-term viability of the habitat type and its species, and all its significant ecological variations in its natural range, and which is composed of the area of the habitat type and, if that area is not sufficient, the area necessary for the re-establishment of the habitat type; (6)‘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;

(7)‘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; (8) ‘pollinator’ means a wild animal which transports pollen from the anther of a plant to the stigma of a plant, enabling fertilisation and the production of seeds; (9)‘decline of pollinator populations’ means a decrease in abundance or diversity, or both, of pollinators; (10)‘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; (11)‘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; (12)‘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; (13)‘urban green space’ means all green urban areas; broad-leaved forests; coniferous forests; mixed forests; natural grasslands; moors and heathlands; transitional woodland-shrubs and sparsely vegetated areas - as found within cities or towns and suburbs calculated on the basis of data provided by the Copernicus Land Monitoring Service as established by Regulation (EU) 2021/696 of the European Parliament and of the Council; (14)‘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 as established by Regulation (EU) 2021/696 of the European Parliament and of the Council. (15)‘renewables go-to area’ means renewables go-to area as defined in point 9(a) of Article 2 of Directive 2018/2001/EU of the European Parliament and of the Council. 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 measures shall be in place on at least 30 % 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 12, by 2030, on at least 60 % by 2040, and on at least 90 % by 2050. 2.Member States shall put in place the restoration measures that are necessary to re-establish the habitat types listed in Annex I in areas not covered by those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional overall surface needed to reach the total favourable reference area of each group of habitat types listed in Annex I, as quantified in the national restoration plan referred to in Article 12, by 2030, at least 60 % of that surface by 2040, and 100 % of that surface by 2050. 3.Member States shall put in place the 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 covered by Directive 2009/147/EC that are 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. 4.The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 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, measured by the structure and functions which are necessary for their long-term maintenance including their typical species, as referred to in Article 1(e) of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article. Areas where the habitat types listed in Annex I are in unknown condition shall be considered as not being in good condition. 5.The restoration measures referred to in paragraphs 1 and 2 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 3 that occur in those habitat types. 6.Member States shall ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 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 3, until the sufficient quality of those habitats is reached. Member States shall 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 deteriorate. 7.Member States shall ensure that areas where the habitat types listed in Annex I occur do not deteriorate.

8.Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by: (a)force majeure; (b)unavoidable habitat transformations which are directly caused by climate change; or (c)a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis. 9.For Natura 2000 sites, the non-fulfil