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

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