Assessing the effectiveness of the EU nature restoration law measured against the CBD target to preserve biodiversity

Abstract The pace of species extinction and the destruction of nature may be even more dramatic than the speed of the climate crisis itself. The EU Nature Restoration Law (NRL), adopted in the summer of 2024, is intended to partially remedy damage to nature in EU member states by 2050. This study analyses whether the NRL is sufficiently effective in stopping biodiversity loss and preserving biodiversity. Methodologically, this investigation was conducted using qualitative governance analysis and legal interpretation of the NRL. Although the NRL is a step forward for various reasons, it is still not sufficient, measured against the obligation to preserve biodiversity and stop its loss, as stated in Art. 1 of the UN Convention on Biological Biodiversity (CBD), which entered into force in 1993. The NRL gives the EU Member States a further time extension, mostly until 2050, which is too long to wait, considering the planetary boundaries that have already been exceeded. Furthermore, the NRL primarily presents (not very clear) targets. Whether appropriate measures will be taken remains to be seen. Therefore, it depends heavily on the goodwill of the EU Member States. However, in view of the ongoing loss of biodiversity and earlier experiences with EU environmental law, there are major doubts about this. In addition, the targets are weakened by several exemptions. The targets are inadequate for conservation, that is, the protection and restoration of biodiversity. The NRL also does not specify the percentage of the total area of an EU Member State that must be covered by the protected areas. Furthermore, the NRL shows serious governance problems, such as problems of depicting, enforcement problems, or lack of ambition. The NRL (and nature conservation law as a whole) fails to take the essential step towards preserving biodiversity: addressing the drivers of destruction, such as livestock farming and pesticides, by means of quantity governance. Against this backdrop, current attempts to further weaken the NRL appear to be highly problematic from an ecological perspective.