Story | 10 Jul, 2020

Climate Change Law in the European Union and the European Green Deal

By Prof. Dr. Luc Lavrysen - During two webinars organized by the Symbiosis Law School, Naida (3 July 2020) and Chandigarh University, India (4 July 2020), participants were updated on recent developments in the climate change law and policy in the European Union. Particular attention was given to the European Green Deal proposal of the European Commission, which is currently under discussion.

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Photo: Marian Vejcik

When the Paris Agreement went into effect on 4 November 2016, the parties committed to reduce global greenhouse gas (GHG) emissions. Parties agreed to a long-term goal to limit the global average temperature below 2 °C above pre-industrial levels, with the aim to limit the increase to 1.5 °C, to significantly reduce risks and the impacts of climate change.

Furthermore, parties recognized the need for national emissions to peak as soon as possible, noting that it could take longer for developing countries. Rapid reductions in accordance with the best available science should be taken thereafter, so as to achieve a balance between emissions and removals in the second half of the century. Countries have to submit comprehensive national climate action plans (called “nationally determined contributions” or NDCs) to achieve emissions objectives. Furthermore, there are provisions on transparency and global stocktaking, adaptation, and support for climate action of developing countries.

The United Nations Environment Programme (UNEP) Emissions Gap Report 2019 warns that GHG emissions continue to rise, despite scientific warnings and political commitments. G20 members account for 78% of global GHG emissions. Collectively, they are on track to meet their (limited) 2020 pledges, but seven countries are currently not on track to meet 2020 NDC commitments, and for a further three, it is not possible to say. The EU 28 and India are, however, believed to be on track. Only a few countries have formally submitted long-term strategies to the United Nations Framework Convention on Climate Change (UNFCC), but more and more countries are announcing a net zero emission target for 2050. There is a large emission gap. In 2020, annual emissions need to be 15 Gt CO2 e lower than current NDCs imply for the 2 °C goal and 32 Gt CO2 e lower for the 1.5 °C goal.

If current NDCs are fully implemented, a 3.2 °C temperature increase towards the end of the century is expected. The consequences of these scenarios are provided in the IPCC special report on the impacts of global warming of 1.5 °C. Accordingly, dramatic strengthening of the NDCs is needed and enhanced action by G20 members will be essential for the global mitigation effort. The global mean temperature in 2019 was already estimated to be 1.28 °C above the average temperature of the late 19th century and we can observe daily the effects of the ongoing climate change in the form of droughts and heat waves, hurricanes, flooding and fires.

Within this global framework the European Union (EU) has set its policy objectives for 2020 and 2030.  The objectives for 2020 are to reduce GHG emissions by 20% (compared to 1990), to increase energy efficiency by 20% (compared with a BAU-scenario), and to increase the share of renewable energy until 20%. The EU is believed to be on track and expects an emission reduction of 23%. The objectives for 2030, as laid down in EU law, are to reduce GHG emissions with at least 40% (compared to 1990). That would be achieved in the first place through the Emission Trading Scheme, which results in an emission reduction of 43% (compared to 2005) for the sectors covered.

Furthermore, the Effort Sharing Approach, applied for the other sectors, would result in 30% (compared to 2005). In that approach specific reduction objectives for each Member State have been set, that should be realized through periodic integrated National Energy and Climate Change Plans (NECPs), submitted to review by the European Commission. Additionally, the Land Use and Forestry Regulation 2021-2030 (LULUCF) provides that accounted emissions from land use must entirely be compensated by an equivalent removal of CO₂ from the atmosphere through action in that sector (the “no debit” rule). In 2030 the share of renewable energy should be at least 32% and an energy efficiency increase of 32.5% has been set.

The European Commission, lead by Ursula Von der Leyen, who took office in the fall of 2019 after the June European Parliament Elections, has proposed a very ambitious plan. The European Green Deal seeks to foster a sustainable transition of the economy.  That proposal, which covers many different policy areas, would also strengthen the climate goals. For 2030, the Deal proposes to strengthen the emission reduction from minus 40% to 50-55%. For 2050 a net-zero GHG emissions objective is envisaged. Those objectives are laid down in the Draft EU Climate Law (Law). The Law sets the long-term direction for meeting the 2050 climate-neutrality objective through all policies, in a socially-fair and cost-efficient manner. It also creates a system for monitoring progress and for taking further action if needed. It is believed that such a Law provides predictability for investors and other economic actors and should ensure that the transition to climate neutrality is irreversible. 

The European Parliament will very likely back the project and propose even more ambitious targets. But for the Law to be passed, the Council, in which the member states, should agree. It appears, however, that not all member states are enthusiastic about the Law. It is hoped that the proposed Just Transition Fund may be able help to overcome some of the reluctant member states, but all of this has to be seen after summer.

An additional question is what will  be the influence of  the economic-financial crisis due to the Covid-19 pandemic on the position of the member states. Support for the Draft EU Climate Law is thus crucial for achieving the goals. In this respect it is important to mention that some of the EU and former EU member states have already adopted a comprehensive national climate Law, namely the UK (2008), Denmark (2014), Finland (2015), France (2015), Sweden (2017), Norway (2017), The Netherlands (2019), Germany (2019) and, probably, Spain (2020). Such national Laws can contribute to implementation of the EU Climate Law, due to the important review role of Independent Climate Change Committees, the related Parliamentary control, Access to Justice and Judicial Review.


Luc Lavrysen       Photo: Luc Lavrysen
WCEL Member Prof. Dr. Luc Lavrysen is a Justice with the Constitutional Court of Belgium. He is also the Director of the Centre for Environmental and Energy Law at Ghent University and the President of the EU Forum of Judges for the Environment.