MOF, Alm.del - 2022-23 (2. samling) - Bilag 356: Kopi af brev fra Dansk Skovforening til Miljøministeriet om Naturgenopretningsforordningen

Miljø- og Fødevareudvalget 2022-23 (2. samling)
MOF Alm.del Bilag 356
Offentligt

Nature Restoration Regulation: improving the effectiveness of

implementation with a clear legislation

Nordic forest owners welcome the objective to contribute to the recovery of biodiverse and resilient

nature across the EU also through well-targeted and cost-effective restoration. Forestry are livelihoods

that are based directly on natural resources and ecosystem services, and thus, the good condition of

nature is crucial for us.

Despite the important objective of the proposed legislation on Nature Restoration presented by the EU

Commission in June 2022, Nordic forest owners are concerned about the development of the positions

in both the EU Council and the EU Parliament regarding the Nature Restoration Law (NRL).

The Nordic Family Forestry Alliance would like to put forward the following priorities for the EU

Member States and EU Parliamentarians as they prepare for finalization of the position on NRL:

1) Increase ambition and focus on ecosystems that need restoration the most

–

align with CBD

(Article 1)

Justification:

The focus of the EU Biodiversity Strategy as well as many global efforts on ecosystem restoration,

including the CBD, is on restoration of degraded ecosystems. These are ecosystems that have lost their

capacity to provide essential ecosystem services, including productive function, and hence are in most

need of restoration. The ambition of the legislation should be raised to be aligned with CBD Kunming-

Montreal Global Biodiversity Framework which is restoration efforts on 30% by 2030. The high

ambition needs to be supported by making the other core parts of the legislation clearer.

Amendments:

amending in Article 1(b)

Achieving the Union’s overarching objectives concerning

sustainable development,

including

climate change mitigation and climate change adaptation,

as well as energy

and food security;

amending Article 1(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

230

% of the Union’s land and sea areas and, by 2050, all ecosystems

need of restoration.

MOF, Alm.del - 2022-23 (2. samling) - Bilag 356: Kopi af brev fra Dansk Skovforening til Miljøministeriet om Naturgenopretningsforordningen

2) Improve the structure and readability of the legislation

–

divide restoration targets and

obligations into two chapters (one chapter for Articles 4-5 and another chapter for Articles 6-10)

Justification:

The two main elements of the proposal are the following: 1) improving the implementation of the

Habitats and Birds Directives by setting deadlines for doing restoration and reaching results; and 2)

defining new, general restoration targets and obligations for broader ecosystems and areas not

covered in the Directives. These two elements have major differences regarding both their background

motivation and proposed objectives. Thus, the articles related to these two very different elements

should not be put under one and same chapter but instead divided into two chapters. This would make

the proposed legislation clearer when it comes to e.g. the relationship between the new Nature

Restoration Regulation and the Directives, the coverage of the proposed non-deterioration

requirement, reporting and monitoring, and the National Restoration Plans.

Amendments:

amending the headline of Chapter II:

CHAPTER II, RESTORATION TARGETS AND OBLIGATIONS

→

CHAPTER II, RESTORATION

TARGETS AND OBLIGATIONS

RELATED TO THE HABITATS AND SPECIES OF THE

HABITATS AND BIRDS DIRECTIVES

adding a new Chapter II bis:

CHAPTER II BIS (new), RESTORATION TARGETS AND OBLIGATIONS RELATED TO

BROADER ECOSYSTEMS

putting Articles 4 and 5 under Chapter II

putting Articles 6, 7, 8, 9 and 10 under Chapter II bis

3) Improve efficiency of restoration

–

focus restoration measures to Natura 2000 sites and re-scope

non-deterioration to secure proportionality and alignment with the Habitats (and Birds) Directive

(Article 4)

Justification:

Article 4 is focused on the habitats listed in the Habitats Directive and the species listed in the Habitats

and Birds Directives. The EU wide Natura 2000 network has been created to secure these nature

values. Thus, the restoration measures should be allocated to Natura 2000 sites to ensure that the

most important areas for nature are prioritized in restoration and that resources are used cost-

effectively. This would also create the basis for re-scoping the non-deterioration requirements

included in Article 4.

Articles 4(6) and 4(7) set rules for non-deterioration. There is already a non-deterioration requirement

regarding Natura 2000 sites in the Habitats Directive, Article 6(2). Thus, no new legislation concerning

non-deterioration is needed for Natura 2000 sites.

MOF, Alm.del - 2022-23 (2. samling) - Bilag 356: Kopi af brev fra Dansk Skovforening til Miljøministeriet om Naturgenopretningsforordningen

When it comes to areas outside the Natura 2000 network that possibly shall be subject to restoration

measures depending on the final content of the Article 4, two different categories have to be

distinguished in relation to non-deterioration: 1) areas where restoration has been done; and 2) areas

where restoration has not been done or where there is no obligation to do restoration. Article 4(6)

should be clarified to be linked to the first category, and Article 4(7) should be deleted. Article 4(7) is

not aligned with the Habitats Directive, and it is also against the proportionality principle. The

proposed legislation would possibly cover great amounts of areas and thus, create conflicts on areas

that are used for e.g. sustainable forest management.

Amendments:

amending Articles 4(1), 4(2) and 4(3) by adding references to Natura 2000 sites and Natura

2000 network, e.g. Article 4(1):

Member States shall put in place the restoration measures

in Natura 2000 sites

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

situated within the Natura

2000 network

and 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.

if areas outside the Natura 2000 network shall be subject to restoration measures, amending

Article 4(6):

Member States shall ensure that the areas that are

situated outside the Natura 2000

network subject to and where

restoration

measures has been done

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.

deleting Article 4(7):

Member States shall ensure that areas where the habitat types listed in Annex I occur

do not deteriorate.

4) Clarify the purpose of the restoration of other forest ecosystems and respect

national differences

–

focus on internationally agreed indicators (Article 10)

Justification:

Article 10 is focused on restoration of forests ecosystem not covered by the habitat types listed in the

Habitat Directive. If the article is meant to cover all forest as defined by FAO, it is important to

recognize all pillars of sustainability. Restoration efforts for the habitats outside the existing protected

area network shall ensure a full balance with simultaneous interests to achieve sustainable

development, including climate change mitigation and adaptation, energy, food security and wood for

the acceptable green transition. Supporting ecosystems’ capacities to

provide multiple ecosystem

services should be a core objective for restoration in sites that are located outside the protected area

MOF, Alm.del - 2022-23 (2. samling) - Bilag 356: Kopi af brev fra Dansk Skovforening til Miljøministeriet om Naturgenopretningsforordningen

network. Indicators should, to the extent possible, be based on already existing internationally agreed

indicators. Further it shall be recognized that the situations in the Member States are different and

hence require more flexibility, taking into account national circumstances.

Amendments:

Amending Article 10(1)

Member States shall put in place the restoration measures necessary to

enhance

improve the long-term resilience of

biodiversity of forest ecosystems

taking into

account national circumstances and practical experiences,

in addition to the areas

that are subject to restoration measures pursuant to Article 4 (1), (2) and (3).

Amending Article 10 (2):

Member States shall achieve an increasing trend at national level of

each of at least

three of

following indicators in forest ecosystems,

as further set out in Annex VI,

measured in the period from the date of entry into force of this Regulation until 31

December 2030,

if no lesser than 8 years,

and every

three five

years thereafter, until

the satisfactory levels identified in accordance with Article 11(3) are reached.

5) Ensure bottom-up approach to national restoration plans and set common reporting (Article 11)

Justification:

Restoration of biodiversity is site-bound, and a significant share

of Europe’s forests are owned by

private landowners. Therefore, restoration must be planed and done in cooperation with landowners.

The National Restoration Plans must be drawn up as a bottom-up process where the landowners are

seen and heard. The landowners must not only be seen as one of the many stakeholders but shall be

recognized as the essential partner in the implementation of the restoration plan. Moreover, to ensure

common and harmonized reporting it is of outmost importance that all EU Member States use the

same methodology for defining favourable reference area. Since the legislation is partly linked to the

Habitats and Bird Directives and on the related reporting, it would make sense to use 1992 as a

reference year since this is when the Habitats Directive entered into force.

Amendments:

Amending Article 11(1):

Member States shall prepare national restoration plans,

in close cooperation with

landowners and relevant stakeholders,

and carry out the preparatory monitoring and

research needed to identify the restoration measures that are necessary to meet the

targets and obligations set out in Articles 4 to 10, taking into account the latest

scientific evidence,

taking into account national and local conditions.

Amending Article 11(2) (a) (iii):

the favourable reference area taking into account the documented losses

over the

least the last 70 years since 1992

and the projected changes

to environmental

conditions

due to climate change;

Amending Article 11(3):

MOF, Alm.del - 2022-23 (2. samling) - Bilag 356: Kopi af brev fra Dansk Skovforening til Miljøministeriet om Naturgenopretningsforordningen

Member States shall set, by 2030 at the latest, satisfactory levels for each of the

indicators referred to in Articles 8(1), 9(2) and 10(2), through an open and

effective

inclusive

process and assessment

with the landowners,

based on the latest scientific

evidence

and, if available, the framework referred to in Article 17(9).

Amending Article 11(4):

Member States shall identify and map the agricultural and forest areas in need of

restoration, in particular the areas that, due to intensification or other management

factors, are in need of enhanced connectivity and landscape diversity.

The mapping

and identification exercises shall include an informed process for any landowner

whose land is being identified.

About the Nordic Family Forestry

Nordic Family Forestry (NSF) is a close cooperation between the Nordic forest owners´ national

organisations founded in 1946. NSF member organisations are Danish Forest Association (Dansk

Skovförening),

National Forest Cooperative Organisation in Sweden (LRF), Central Union of Agricultural

Producers and Forest Owners in Finland (MTK) and Norwegian Forest Owners' Federation (Norsk

Skogeierförbund).

Cooperatives

Metsä

and

Södra

are also members of NSF. The presidency of NSF

rotates on an annual basis. Currently Sweden and LRF holds the presidency.

NSF have a common strategy and goals for the EU advocacy and works in close collaboration with

Confederation of European Forest Owners (CEPF) in order to strengthening the common voice of

forest owners in Europe. NSF has an EU-policy advisor that works in Brussels as a part of the CEPF-

team.

NSF focal point for Nature Restoration Law

Tanja Blindbæk Olsen

Head of Political Department

Danish Forest Association

Rådhuspladsen 16, DK-1550 København V

danskskovforening.dk

M: (+45) 2537 1977