Preparation of the national restoration plans
1. Member States shall each prepare a national restoration plan and carry out the preparatory monitoring and research needed to identify the restoration measures that are necessary to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13 and to contribute to the Union’s overarching objectives and targets set out in Article 1, taking into account the latest scientific evidence.
2. Member States shall quantify the area that needs to be restored to meet the restoration targets set out in Articles 4 and 5, taking into account the condition of the habitat types referred to in Article 4(1) and (4) and Article 5(1) and (2) and the quality and quantity of the habitats of the species referred to in Article 4(7) and Article 5(5) that are present in the ecosystems covered by Article 2. The quantification shall be based, inter alia, on the following information:
(a)
for each habitat type:
(i)
the total habitat area and a map of its current distribution;
(ii)
the habitat area that is not in good condition;
(iii)
the favourable reference area, taking into account records of historical distribution and the projected changes to environmental conditions due to climate change;
(iv)
the areas most suitable for the re-establishment of habitat types in view of ongoing and projected changes to environmental conditions due to climate change;
(b)
the sufficient quality and quantity of the habitats of the species required for reaching their favourable conservation status, taking into account the areas most suitable for re-establishment of those habitats, and the connectivity needed between them in order for the species populations to thrive, as well as ongoing and projected changes to environmental conditions due to climate change, the competing needs of the habitats and species, and the presence of high nature value farmland.
For the purpose of quantifying the area of each habitat type that needs to be restored to meet the restoration targets set out in Article 4(1), point (a), and Article 5(1), point (a), the habitat area that is not in good condition referred to in the first subparagraph, point (a)(ii), of this paragraph shall only include those areas for which the condition of the habitat type is known.
For the purpose of quantifying the area of each habitat type that needs to be restored to meet the restoration targets set out in Article 4(1), point (b), and Article 5(1), points (b), (c) and (d), the habitat area that is not in good condition referred to in the first subparagraph, point (a)(ii), of this paragraph shall only include those areas for which the condition of the habitat type is known or is to be known pursuant to Article 4(9) and Article 5(7).
If a Member State intends to apply the derogation laid down in Article 4(2), that Member State shall identify the percentages referred to in that Article.
If a Member State intends to apply the derogation laid down in Article 4(5) and Article 5(3), that Member State shall identify the lower percentages chosen pursuant to those Articles.
3. With regard to group 7 of the habitat types listed in Annex II, Member States shall set the percentage referred to in Article 5(1), point (d).
4. Member States shall determine and map urban ecosystem areas as referred to in Article 8 for all their cities and towns and suburbs.
The urban ecosystem area of a city or of a town and suburb shall include:
(a)
the entire city or town and suburb; or
(b)
parts of the city or of the town and suburb, including at least its urban centres, urban clusters and, if deemed appropriate by the Member State concerned, peri-urban areas.
Member States may aggregate the urban ecosystem areas of two or more adjacent cities, or two or more adjacent towns and suburbs, or both, into one urban ecosystem area common to those cities, or towns and suburbs, respectively.
5. By 2030, Member States shall set, through an open and effective process and assessment based on the latest scientific evidence, the guiding framework referred to in Article 20(10) and, if available, the guiding framework referred to in Article 20(11) satisfactory levels for:
(a)
pollinator populations referred to in Article 10(1) and for the indicator referred to in Article 12(2);
(b)
each of the chosen indicators referred to in Article 11(2);
(c)
each of the chosen indicators referred to in Article 12(3);
(d)
urban green space referred to in Article 8(2); and
(e)
urban tree canopy cover referred to in Article 8(3).
6. 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.
7. Each Member State may, by 19 August 2025, develop a methodology to complement the methodology referred to in Annex IV, in order to monitor high-diversity landscape features not covered by the common method referred to in the description of high-diversity landscape features in that Annex. The Commission shall provide guidance on the framework for developing such methodologies by 19 September 2024.
8. Member States shall, where applicable, determine the reduction of the extent of the rewetting of peatland under agricultural use, as referred to in Article 11(4), fifth subparagraph.
9. Member States shall identify synergies with climate change mitigation, climate change adaptation, land degradation neutrality and disaster prevention and prioritise restoration measures accordingly. Member States shall also take into account:
(a)
their integrated national energy and climate plans referred to in Article 3 of Regulation (EU) 2018/1999;
(b)
their long-term strategy referred to in Article 15 of Regulation (EU) 2018/1999;
(c)
the binding overall Union target for 2030 set out in Article 3 of Directive (EU) 2018/2001.
10. Member States shall identify synergies with agriculture and forestry. They shall also identify existing agricultural and forestry practices, including CAP interventions, that contribute to the objectives of this Regulation.
11. The implementation of this Regulation shall not imply an obligation for Member States to reprogramme any funding under the CAP, the CFP or other agricultural and fisheries funding programmes and instruments under the MFF 2021-2027.
12. Member States may promote the deployment of private or public support schemes to the benefit of stakeholders implementing restoration measures referred to in Articles 4 to 12 including land managers and owners, farmers, foresters and fishers.
13. Member States shall coordinate the development of national restoration plans with the mapping of areas that are required in order to fulfil at least their national contributions towards the 2030 renewable energy target and, where relevant, with the designation of the renewables acceleration areas and dedicated infrastructure areas. During the preparation of the national restoration plans, Member States shall ensure synergies with the build-up of renewable energy and energy infrastructure and any renewables acceleration areas and dedicated infrastructure areas that are already designated and shall ensure that the functioning of those areas, including the permit-granting procedures applicable in those areas provided for by Directive (EU) 2018/2001, as well as the functioning of grid projects that are necessary to integrate renewable energy into the electricity system and the respective permit-granting process, remain unchanged.
14. When preparing their national restoration plans, Member States shall take into account in particular the following:
(a)
the conservation measures established for Natura 2000 sites in accordance with Directive 92/43/EEC;
(b)
prioritised action frameworks prepared in accordance with Directive 92/43/EEC;
(c)
measures for achieving good quantitative, ecological and chemical status of water bodies included in the programmes of measures and river basin management plans prepared in accordance with Directive 2000/60/EC and flood risk management plans established in accordance with Directive 2007/60/EC of the European Parliament and of the Council ( 47 ) ;
(d)
where applicable, marine strategies for achieving good environmental status for all Union marine regions prepared in accordance with Directive 2008/56/EC;
(e)
national air pollution control programmes prepared under Directive (EU) 2016/2284;
(f)
national biodiversity strategies and action plans developed in accordance with Article 6 of the Convention on Biological Diversity;
(g)
where applicable, conservation and management measures adopted under the CFP;
(h)
CAP strategic plans drawn up in accordance with Regulation (EU) 2021/2115;
15. When preparing their national restoration plans Member States shall also take into account strategic critical raw material projects where recognised under Union law.
16. When preparing their national restoration plans, Member States:
(a)
may make use of the different examples of restoration measures listed in Annex VII, depending on specific national and local conditions, and the latest scientific evidence;
(b)
shall aim to optimise the ecological, economic and social functions of ecosystems as well as their contribution to the sustainable development of the relevant regions and communities;
(c)
may take into account the diversity of situations in various regions related to social, economic and cultural requirements, regional and local characteristics and population density; where appropriate, the specific situation of the Union’s outermost regions, such as their remoteness, insularity, small size, difficult topography and climate, as well as their rich biodiversity and the associated costs for protecting and restoring their ecosystems, should be taken into account.
17. Member States shall, where possible, foster synergies with the national restoration plans of other Member States, in particular for ecosystems that span across borders or where Members States share a marine region or subregion within the meaning of Directive 2008/56/EC.
18. Member States may, where practical and appropriate, for the purpose of preparing and implementing national restoration plans, in relation to the restoration and re-establishment of marine ecosystems, use existing regional institutional cooperation structures.
19. Where Member States identify an issue which is likely to prevent the fulfilment of the obligations to restore and re-establish marine ecosystems, and which requires measures for which they are not competent, they shall, individually or jointly, address, where concerned, Member States, the Commission or international organisations, providing them with a description of the identified issue and of possible measures, with a view to their consideration and potential adoption.
20. Member States shall ensure that the preparation of the restoration plan is open, transparent, inclusive and effective and that the public, including all relevant stakeholders, is given early and effective opportunities to participate in its preparation. Consultations shall comply with the requirements set out in Directive 2001/42/EC.
Content of the national restoration plan
1. The national restoration plan shall cover the period up to 2050, with intermediate deadlines corresponding to the targets and obligations set out in Articles 4 to 13.
2. By way of derogation from paragraph 1 of this Article, the national restoration plan to be submitted in accordance with Article 16 and Article 17(6) may, with regard to the period from 1 July 2032, and until reviewed in accordance with Article 19(1), be limited to a strategic overview of the following:
(a)
the elements referred to in paragraph 3; and
(b)
the contents referred to in paragraphs 4 and 5.
The revised national restoration plan resulting from the review to be carried out by 30 June 2032 in accordance with Article 19(1) may, with regard to the period from 1 July 2042, and until revised by 30 June 2042 in accordance with Article 19(1), be limited to a strategic overview of the elements and contents referred to in first subparagraph of this paragraph.
3. Each Member State shall include the following elements in the national restoration plan, using the uniform format established in accordance with paragraph 7 of this Article:
(a)
the quantification of the areas to be restored to meet the restoration targets set out in Articles 4 to 12 based on the preparatory work undertaken in accordance with Article 14 and indicative maps of potential areas to be restored;
(b)
if a Member State applies the derogation laid down in Article 4(5) or Article 5(3), a justification of the reasons why it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area of a specific habitat type and a justification of the lower percentage set pursuant to those Articles, as identified by that Member State;
(c)
a description of the restoration measures planned, or put in place, to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13 of this Regulation and a specification regarding which of those restoration measures are planned, or put in place, within the Natura 2000 network established in accordance with Directive 92/43/EEC;
(d)
a dedicated section setting out the measures for achieving the obligations laid down in Article 4(9) and Article 5(7);
(e)
if a Member State applies the derogation laid down in Article 4(2) of this Regulation, a justification of how the percentages set in accordance with that Article do not prevent the favourable conservation status for the relevant habitat types, as determined pursuant to Article 1, point (e), of Directive 92/43/EEC, from being reached or maintained at national biogeographical level;
(f)
an indication of the measures aiming to ensure that the areas covered by the habitat types listed in Annexes I and II do not deteriorate in the areas in which good condition has been reached and that the habitats of the species referred to in Article 4(7) and Article 5(5) do not significantly deteriorate in the areas in which the sufficient quality of the habitats of the species has been reached, in accordance with Article 4(11) and Article 5(9);
(g)
where applicable, a description of how Article 4(13) is applied in its territory, including:
(i)
an explanation of the system of compensatory measures to be taken for each significant deterioration occurrence, as well as of the necessary monitoring of and reporting on the significant deterioration of habitat types and habitats of the species and the compensatory measures taken;
(ii)
an explanation of how it will be ensured that the implementation of Article 4(13) does not affect meeting the targets and fulfilling the objectives set out in Articles 1, 4 and 5;
(h)
an indication of the measures with an aim to maintain habitat types listed in Annexes I and II in good condition in areas where they occur and with an aim to prevent significant deterioration of other areas covered by habitat types listed in Annexes I and II, in accordance with Article 4(12) and Article 5(10);
(i)
the inventory of barriers and the barriers identified for removal in accordance with Article 9(1), the plan for their removal in accordance with Article 9(2) and the length of free-flowing rivers to be achieved by the removal of those barriers estimated from 2020 to 2030 and by 2050, and any other measures to re-establish the natural functions of floodplains in accordance with Article 9(3);
(j)
an account of the indicators for agricultural ecosystems chosen in accordance with Article 11(2), and their suitability to demonstrate the enhancement of biodiversity in agricultural ecosystems within the Member State concerned;
(k)
a justification, where applicable, for rewetting peatland on a lower proportion than as set out in Article 11(4), first subparagraph, points (a), (b) and (c);
(l)
an account of the indicators for forest ecosystems chosen in accordance with Article 12(3), and their suitability to demonstrate the enhancement of biodiversity in forest ecosystems within the Member State concerned;
(m)
a description of the contribution to the commitment referred to in Article 13;
(n)
the timing for putting in place the restoration measures in accordance with Articles 4 to 12;
(o)
a dedicated section setting out tailored restoration measures in their outermost regions, as applicable;
(p)
the monitoring of the areas subject to restoration in accordance with Articles 4 and 5, the process for assessing the effectiveness of the restoration measures put in place in accordance with Articles 4 to 12 and for revising those measures where needed to ensure that the targets and obligations set out in Articles 4 to 13 are met and fulfilled, respectively;
(q)
an indication of the provisions for ensuring the continuous, long-term and sustained effects of the restoration measures referred to in Articles 4 to 12;
(r)
the estimated co-benefits for climate change mitigation and land degradation neutrality associated with the restoration measures over time;
(s)
the foreseeable socio-economic impacts and estimated benefits of the implementation of the restoration measures referred to in Articles 4 to 12;
(t)
a dedicated section setting out how the national restoration plan considers:
(i)
the relevance of climate change scenarios for the planning of the type and location of restoration measures;
(ii)
the potential of restoration measures to minimise climate change impacts on nature, to prevent or mitigate the effects of natural disasters and to support adaptation;
(iii)
synergies with national adaptation strategies or plans and national disaster risk assessment reports;
(iv)
an overview of the interplay between the measures included in the national restoration plan and the national energy and climate plan;
(u)
the estimated financing needs for the implementation of the restoration measures, which shall include a description of the support to stakeholders affected by restoration measures or other new obligations arising from this Regulation, and the means of intended financing, public or private, including financing or co-financing with Union funding instruments;
(v)
an indication of the subsidies which negatively affect meeting of the targets and the fulfilment of the obligations set out in this Regulation;
(w)
a summary of the process for preparing and establishing the national restoration plan, including information on public participation and of how the needs of local communities and stakeholders have been considered;
(x)
a dedicated section indicating how observations from the Commission on the draft national restoration plan referred to in Article 17(4) have been taken into account in accordance with Article 17(5); if the Member State concerned does not address an observation from the Commission or a substantial part thereof, that Member State shall provide its reasons.
4. The national restoration plan shall, where applicable, include the conservation and management measures that a Member State intends to adopt under the CFP, including conservation measures in joint recommendations that a Member State intends to initiate in accordance with the procedure set out in Regulation (EU) No 1380/2013 and referred to in Article 18 of this Regulation, and any relevant information on those measures.
5. The national restoration plan shall include an overview of the interplay between the measures included in the national restoration plan and the national CAP strategic plan.
6. Where appropriate, the national restoration plan shall include an overview of considerations related to the diversity of situations in various regions as referred to in Article 14(16), point (c).
7. The Commission shall, by means of implementing acts, establish a uniform format for the national restoration plan. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 24(2). The Commission shall be assisted by the EEA when drawing up the uniform format. By 1 December 2024, the Commission shall submit the draft implementing acts to the committee referred to in Article 24(1).
Submission of the draft national restoration plan
Each Member State shall submit a draft of the national restoration plan referred to in Articles 14 and 15 to the Commission by 1 September 2026.
Assessment of the national restoration plan
1. The Commission shall assess the draft national restoration plan within six months of the date of its receipt. When carrying out that assessment, the Commission shall act in close cooperation with the Member State.
2. When assessing the draft national restoration plan, the Commission shall evaluate:
(a)
its compliance with Article 15;
(b)
its adequacy for meeting the targets and fulfilling the obligations set out in Articles 4 to 13;
(c)
its contribution to the Union’s overarching objectives and targets referred to in Article 1, the specific objectives referred to in Article 9(1) to restore at least 25 000 km of rivers into free-flowing rivers in the Union by 2030 and the commitment under Article 13 of planting at least three billion additional trees in the Union by 2030.
3. For the purpose of the assessment of the draft national restoration plan, the Commission shall be assisted by experts or the EEA.
4. The Commission may address its observations on the draft national restoration plan to the Member State within six months of the date of receipt of the draft national restoration plan.
5. The Member State shall take account of any observations from the Commission in its final national restoration plan.
6. The Member State shall finalise, publish and submit to the Commission the national restoration plan within six months from the date of receipt of observations from the Commission.
Coordination of restoration measures in marine ecosystems
1. Member States whose national restoration plans include conservation measures to be adopted within the framework of the CFP shall make full use of the tools provided therein.
2. Where the national restoration plans include measures that require submission of a joint recommendation through the regionalisation procedure under Article 18 of the Regulation (EU) No 1380/2013, Member States preparing those national restoration plans shall, considering the deadlines provided for in Article 5 of this Regulation, initiate in a timely manner consultations with other Member States having a direct management interest affected by these measures and the relevant Advisory Councils under Article 18(2) of Regulation (EU) No 1380/2013 to enable timely agreement on and submission of any joint recommendations. For that purpose, they shall also include in the national restoration plan the estimated timing of the consultation and of the submission of the joint recommendations.
3. The Commission shall facilitate and monitor progress in the submission of joint recommendations under the CFP. Member States shall submit the joint recommendations on the conservation measures necessary to contribute to meeting the targets set in Article 5 at the latest 18 months before the respective deadline.
4. In the absence of joint recommendations referred to in paragraph 2 of this Article before the respective deadline referred to in paragraph 3 of this Article, concerning conservation measures necessary for compliance with obligations under Union environmental legislation referred to in Article 11 of Regulation (EU) No 1380/2013, the Commission may make full use of the tools provided for in Article 11(4) of that Regulation as and where appropriate under the conditions set out therein.
Review of the national restoration plan
1. Each Member State shall review and revise its national restoration plan, and include supplementary measures, by 30 June 2032 and subsequently by 30 June 2042. At least once every ten years thereafter, each Member State shall review its national restoration plan and, if necessary, revise it and include supplementary measures.
The reviews shall be carried out in accordance with Articles 14 and 15, taking into account progress made in the implementation of the plans, the best available scientific evidence as well as available knowledge of changes or expected changes in environmental conditions due to climate change. In the reviews to be carried out by 30 June 2032 and by 30 June 2042, Member States shall take into account the knowledge on the condition of habitat types listed in Annexes I and II acquired in accordance with Article 4(9) and Article 5(7). Each Member State shall publish and submit to the Commission its revised national restoration plan.
2. Where monitoring carried out in accordance with Article 20 indicates that the measures set out in the national restoration plan will not be sufficient to meet the restoration targets and fulfil the obligations set out in Articles 4 to 13, the Member State shall review the national restoration plan and, if necessary, revise it and include supplementary measures. Member States shall publish and submit to the Commission their revised national restoration plans.
3. Based on the information referred to in Article 21(1) and (2) and the assessment referred to in Article 21(4) and (5), if the Commission considers that the progress made by a Member State is insufficient to meet the targets and fulfil the obligations set out in Articles 4 to 13, the Commission may, after consultation with the Member State concerned, request the Member State to submit a revised draft national restoration plan with supplementary measures. The Member State shall publish that revised national restoration plan with supplementary measures and submit it to the Commission within six months from the date of receipt of the request from the Commission. Upon request of the Member State concerned and where duly justified, the Commission may extend that deadline by an additional six months.
