Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)
Date: 2020-09-17
Institutions: Directorate-General for Climate Action, European Commission
Subjects: EU environmental policy, climate change, environmental law, greenhouse gas, joint implementation, pollution control measures, reduction of gas emissions

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   EUROPEAN COMMISSION  Brussels, 17.9.2020  COM(2020) 563 final 2020/0036 (COD)  Amended proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL on establishing the framework for achieving climate neutrality and amending Regulation (EU) 2018/1999 (European Climate Law)  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

On  4  March  2020,  the  Commission  adopted  its  proposal  for  a  Regulation  of  the  European 
Parliament and of the Council establishing the framework for achieving climate neutrality and 
amending Regulation (EU) 2018/1999 (European Climate Law)1.  

The  proposal  for  a  European  Climate  Law  Regulation  forms  part  of  a  broader  package  of 
ambitious  actions  announced  in  the  Commission’s  European  Green  Deal  Communication2. 
The European Green Deal launches a new growth strategy for the EU that aims to transform 
the EU into a fair and prosperous society, improving the quality of life of current and future 
generations, with  a  modern, resource-efficient  and competitive  economy where  there are  no 
net  emissions  of  greenhouse  gases  in  2050  and  where  economic  growth  is  decoupled  from 
resource  use.  It  also  aims  to  protect,  conserve  and  enhance  the  EU's  natural  capital,  and 
protect the health and well-being of citizens from climate- and environment-related risks and 
impacts. The European Green Deal reaffirms the Commission’s ambition to make Europe the 
first climate-neutral continent by 2050.  

The  proposal  aims  at  providing  a  direction  by  enshrining  the  EU  2050  climate-neutrality 
objective in legislation, enhancing certainty and confidence on the EU’s commitment as well 
as transparency and accountability.  

The original proposal stated that the Commission would present by September 2020 an impact 
assessed  plan  to  increase  the  EU’s  greenhouse  gas  emission  reduction  target  for  2030  to  at 
least  50%  and  towards  55%  compared  with  1990  levels  in  a  responsible  way,  and  that  the 
Commission would propose to amend the proposal accordingly. This was reflected in Article 
2(3)  and  recital  17  of  the  initial  Commission  proposal.  The  2030  Climate  Target  Plan 
demonstrates  that  increasing  the  EU’s  emission  reduction  target  for  2030  to  at  least  55%  is 
both feasible and beneficial.  

With a view to achieving climate neutrality in the Union by 2050, it is therefore proposed that 
the  EU’s  greenhouse  gas  emission  reduction  target  for  2030  is  increased  to  at  least  55% 
compared  with  1990  levels,  including  emissions  and  removals.  This  proposal  modifies  the 
initial  Commission  proposal  (COM(2020)  80  final)  to  include  the  revised  target  in  the 
European Climate Law.  

• 

Consistency with existing policy provisions in the policy area 

The  explanatory  memorandum  of  the  initial  Commission  proposal  sets  out  in  detail  the 
consistency  with  existing  policy  provisions.  The  2030  Climate  Target  Plan  shows  that  an 
increase  of  the  target  implies  greenhouse  gas  emission  reduction  efforts  by  all  sectors,  and 
enhancement of removals, which need to be enabled by various policies. By June 2021, the 
Commission will therefore review all relevant related policy instruments, as set out in Article 
2a(2) of the proposal. 

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COM(2020) 80 final. 
COM(2019) 640 final. 

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• 

Consistency with other Union policies 

The initiative is linked to many other policy areas, as all EU actions and policies should foster 
a  just  transition  towards  climate  neutrality  and  a  sustainable  future,  as  described  in  the 
explanatory memorandum of the initial Commission proposal.  

Furthermore,  after  adoption  of  the  initial  Commission  proposal,  the  Coronavirus  disease 
outbreak led to a public health crisis and socio-economic shock of unprecedented scale. The 
unprecedented  European  policy  response  to  COVID-19  offers  a  unique  opportunity  to 
accelerate  the  transition  to  a  climate-neutral  economy  and  a  sustainable  future  while 
mitigating  the  severe 
the 
Communications  on  Next  Generation  EU3  and  a  revamped  long-term  EU  budget4,  in  which 
the Commission set out an ambitious recovery plan, guiding and building a more sustainable, 
resilient  and  fairer  Europe  for  the  next  generation.  They  show  the  commitment  to  ‘do  no 
harm’ with regard to our climate and environmental ambitions, ensure that the money is spent 
in  line  with  the  objectives  of  the  European  Green  Deal,  and  accelerate  the  twin  green  and 
digital transitions in a socially fair manner.  

the  crisis.  The  proposal  is  consistent  with 

impacts  of 

2. 

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LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  legal  basis  for  the  proposal  is  Article  192(1)  TFEU,  the  same  as  for  the  initial 
Commission proposal. 

• 

Subsidiarity (for non-exclusive competence)  

The explanatory memorandum of the initial Commission proposal details the subsidiarity and 
proportionality  considerations.  These  explanations  remain  valid  also  for  the  proposed 
amendments, as an EU-wide, economy-wide target can only be set at EU level. 

• 

Choice of the instrument 

This proposal amends Commission proposal COM(2020)80 final. The instrument chosen is a 
Regulation,  in  line  with  the  instrument  chosen  for  the  initial  Commission  proposal.  This 
choice is explained in the explanatory memorandum of the initial Commission proposal.  

3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Stakeholder consultations 

The  explanatory  memorandum  of  the  initial  Commission  proposal  details  the  stakeholder 
consultations, such as the public consultation carried out, the stakeholder event organised by 
the Commission when preparing the ‘Clean Planet for All’ Communication5 and the January 
2020 public event on implementing the European Green Deal - the European Climate Law.  

In  addition,  when  preparing  the  2030  Climate  Target  Plan,  the  Commission  carried  out  a 
public consultation from 31 March to 23 June 2020, receiving more than 4000 replies from a 

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COM(2020) 456 final. 
COM(2020) 442 final. 
COM(2018) 773 final. 

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wide range of stakeholders. A synopsis report6 summarises the consultation activities on the 
plan.  

• 

Impact assessment 

In support of the ‘Clean Planet for All’ Communication, the Commission services carried out 
an in-depth analysis7. It explores how climate neutrality can be achieved by 2050 by looking 
at  all  the  key  economic  sectors,  including  energy,  transport,  industry  and  agriculture.  That 
assessment  and  the  evaluation  of  the  EU  adaptation  strategy  (2018)  support  the  initial 
Commission proposal, as detailed in the explanatory memorandum of that proposal.  

The  proposed  modifications  to  the  proposal  relate  to  the  EU’s  2030  net  greenhouse  gas 
emission reduction target. As regards the increase of that target, the Commission carried out 
an impact assessment8 which accompanies the 2030 Climate Target Plan. 

• 

Fundamental rights 

The explanatory memorandum of the initial Commission proposal details the considerations 
regarding fundamental rights.  

4. 

BUDGETARY IMPLICATIONS 

The  budgetary  implications  are  presented  in  the  legislative  statement  to  the  initial 
Commission proposal and are not affected by this amendment.  

5. 

• 

OTHER ELEMENTS 

Detailed explanation of the specific provisions of the proposal 

The proposed modifications  to the provisions in the initial  proposal for a European Climate 
Law relate to the inclusion of a new EU greenhouse gas emission reduction target for 2030 in 
Article  2a(1)  of  the  proposal.  This  amended  provision  replaces  Article  2(3)  of  the  initial 
proposal, which set out the process leading up to this amendment.  

Article 2a(2) of the revised proposal announces a process for the review of Union legislation 
implementing the 2030 target in line with Article 2(4) of the initial proposal, which is moved 
to the new Article 2a, and where a reference to the new 2030 target has been inserted.  

Article 1 of the initial proposal is also amended to include a reference to the new 2030 target 
in  relation  to  the  scope  of  the  European  Climate  Law  Regulation,  and  the  corresponding 
recitals have been adapted.  

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SWD(2020) 178 
In-depth 
https://ec.europa.eu/clima/sites/clima/files/docs/pages/com_2018_733_analysis_in_support_en_0.pdf 
SWD(2020) 176 

the  Commission  Communication  COM(2018)773, 

analysis 

support 

of 

in 

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2020/0036 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

on establishing the framework for achieving climate neutrality and amending 
Regulation (EU) 2018/1999 (European Climate Law) 

Commission proposal COM(2020) 80 is amended as follows: 

(1) 

Recital 17 is replaced by the following:  

‘As announced in its Communication ‘The European Green Deal’, the Commission 
assessed  the  Union’s  2030  target  for  greenhouse  gas  emission  reduction,  in  its 
Communication  “Stepping  up  Europe’s  2030  climate  ambition  -  Investing  in  a 
climate-neutral  future  for  the  benefit  of  our  people”9,  on  the  basis  of  a 
comprehensive  impact  assessment  and  taking  into  account  its  analysis  of  the 
integrated  national  energy  and  climate  plans  submitted  to  the  Commission  in 
accordance with Regulation (EU) 2018/1999 of the European Parliament and of the 
Council10. In light of the 2050 climate-neutrality objective, by 2030 greenhouse gas 
emissions  should  be  reduced  and  removals  enhanced,  so  that  net  greenhouse  gas 
emissions, that is emissions after deduction of removals, are reduced economy-wide 
and domestically by at least 55% by 2030 compared to 1990 levels. This new 2030 
Union climate target is a subsequent target for the purposes of point (11) of Article 2 
of  Regulation  (EU)  2018/1999,  and  therefore  replaces  the  2030  Union-wide  target 
for  greenhouse  gas  emissions  set  out  in  that  point.  In  addition,  the  Commission 
should, by 30 June 2021, assess how the relevant Union legislation implementing the 
2030 climate target would need to be amended in order to achieve such net emission 
reductions.’; 

(2) 

in Article 1, second paragraph, the following sentence is added: 

‘It  also  sets  out  a  binding  Union  net  greenhouse  gas  emission  reduction  target  for 
2030.’; 

(3) 

(4) 

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in Article 2, paragraphs 3 and 4 are deleted;  

the following Article 2a is inserted: 

‘Article 2a 

2030 climate target 

1. 
In  order  to  reach  the  climate-neutrality  objective  set  out  in  Article  2(1),  the 
binding  Union  2030  climate  target  shall  be  a  reduction  of  net  greenhouse  gas 

COM (2020) 562 
Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on the 
Governance  of  the  Energy  Union  and  Climate  Action,  amending  Regulations  (EC)  No  663/2009  and 
(EC)  No  715/2009  of  the  European  Parliament  and  of  the  Council,  Directives  94/22/EC,  98/70/EC, 
2009/31/EC,  2009/73/EC,  2010/31/EU,  2012/27/EU  and  2013/30/EU  of  the  European  Parliament  and 
of the Council, Council Directives 2009/119/EC and (EU) 2015/652 and repealing Regulation (EU) No 
525/2013 of the European Parliament and of the Council (OJ L 328, 21.12.2018, p. 1). 

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emissions (emissions after deduction of removals) by at least 55% compared to 1990 
levels by 2030.  

2. 
By  30  June  2021,  the  Commission  shall  review  relevant  Union  legislation  in 
order to enable the achievement of the target set out in paragraph 1 of this Article and 
the  climate-neutrality  objective  set  out  in  Article  2(1)  and  consider  taking  the 
necessary  measures,  including  the  adoption  of  legislative  proposals,  in  accordance 
with the Treaties.”; 

(5) 

Article 3(2) is replaced by the following: 

‘2. The trajectory shall start from the Union’s 2030 climate target set out in Article 
2a(1).’ 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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