Brussels, 13 December 2021
Chair: Andrej Vizjak, Slovenian Minister for the Environment and Spatial Planning
European Commission representatives: Executive Vice-President of the Commission Frans Timmermans and Commissioner Virginijus Sinkevičius
Starting time: 09.30
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Ministers will hold a policy debate on the proposals presented by the Commission as part of the ‘Fit for 55’ package that are within the remit of the Environment Council. The debate will be based on a progress report and questions prepared by the presidency.
Ministers will also have a possibility to intervene on the progress achieved on the proposal for a regulation concerning batteries and waste batteries, based on a presidency progress report.
Ministers will exchange views on the EU soil strategy for 2030.
Under other business, among other items (see below), the Commission will present its proposal on minimising the risk of deforestation and forest degradation associated with products placed on the EU market and its proposal on shipments of waste. The Commission will provide ministers with information on the implementation of the EU biodiversity strategy for 2030.
The presidency and the Commission will report to ministers on the main recent international meetings, including the COP26 climate summit and the ministerial segment of the COP15.1 biodiversity meeting.
Austria, supported by Hungary, will give ministers information on coordinated action on the regulation of plants obtained by new genomic techniques. France will present the work programme of its incoming presidency.
Press conference: at the end of the meeting +/- 18.30
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Environment Council meeting page
Press conferences and public events by video streaming
‘Fit for 55’ package
Ministers will be invited to take note of a progress report and hold a policy debate on the five files in the ‘Fit for 55’ package that are within the remit of the Environment Council:
1. Revision of directive (EU) 2003/87/EC establishing a scheme for greenhouse gas emission allowance trading to implement the ambition of the new 2030 climate target (EU emissions trading system (ETS)) and related proposals.
The Commission proposes a comprehensive set of changes to the existing ETS that should result in an overall emission reduction in sectors under the ETS of 61% by 2030 compared with 2005. The increased ambition is to be achieved by strengthening the current provisions and extending the scope of the ETS. The proposal aims to include emissions from maritime transport in the ETS. It is also proposed that the global carbon offsetting and reduction scheme for international aviation (CORSIA) be implemented through the ETS. In order to support the increased ambition, the funds available through the modernisation fund and the innovation fund should be increased. The Commission proposes revising the market stability reserve in order to continue to ensure a stable and well-functioning ETS. The Commission proposes creating a new self-standing emissions trading system for buildings and road transport aimed at supporting the member states in meeting their national targets under the effort sharing regulation in a cost efficient way.
2. Revision of regulation (EU) 2018/842 on binding annual greenhouse gas emission reductions by member states from 2021 to 2030 contributing to climate action to meet commitments under the Paris Agreement (effort sharing regulation (ESR))
The ESR currently covers greenhouse gas emissions in sectors that are not covered by the ETS or the LULUCF regulation and sets binding annual targets for member states in the sectors that it covers. The main change proposed by the Commission to the current ESR concerns the level of the targets to be achieved by 2030. The proposal increases the EU- level emission reduction target for the ESR sectors from 29% to 40% compared with 2005. Consequently, the member states’ contributions to that target are also increased, with the required reductions ranging from 10% to 50% below 2005 levels. The calculation method for determining the national targets remains based on GDP per capita with a limited amount of targeted corrections to address cost-efficiency concerns.
3. Revision of regulation (EU) 2018/841 on the inclusion of greenhouse gas emissions and removals from land use, land use change and forestry in the 2030 climate and energy framework (LULUCF regulation).
The Commission proposal aims to stop and reverse the current trend of declining land- based removals in order to strengthen the contribution of the LULUCF sector to the EU’s increased overall climate ambition. The objectives of the revision are to set an EU-level target for net removals of greenhouse gases of at least 310 million tonnes of CO2 equivalent by 2030, which is distributed among the member states as binding targets, and to simplify the rules on accounting and compliance and enhance monitoring. From 2031, it is proposed that the scope of the regulation be extended to include agriculture non-CO2 emissions and to set an EU-level objective of climate neutrality by 2035 for the combined land sector.
4. Revision of regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles.
The proposed tightened CO2 standards for cars and vans aim at supporting member states in reaching their increased national targets while stimulating technological innovation in the sector. The Commission proposal introduces increased EU-wide reduction targets for 2030 and sets a new target of 100% for 2035. In practice, this would mean that from 2035 it would no longer be possible to place cars or vans with an internal combustion engine on the market in the EU.
5. Regulation establishing a social climate fund (SCF)
The Commission proposal aims to address the social and distributional impact of the proposed new emissions trading system on buildings and road transport. It allocates a total of EUR 72.2 billion to the fund over the period 2025-2032 through an allocation methodology that is aimed at tackling the uneven impact of the proposed ETS extension expected across and within member states. Based on social climate plans to be developed by the member states, the fund aims to provide support measures and investments to the benefit of vulnerable households, micro-enterprises or transport users, and increase the energy efficiency of buildings, the decarbonisation of heating and cooling of buildings, the integration of energy from renewable sources, and access to zero and low-emission mobility and transport. The fund can also cover temporary direct income support.
In order to structure the debate, the presidency has prepared two questions:
- Based on your political assessment of the progress made so far on the five files under the remit of the Environment Council, what could be the level of ambition for further progress on the five climate-related initiatives in the coming months, taking into account the various interlinkages between the proposals, including with other proposals in the ‘Fit for 55’ package?
- In this context, what do you see as the most sensitive issues in those five files?
In addition, the presidency has prepared an overall progress report, covering the whole ‘Fit for 55’ package. The report aims at providing an overall state of play and overview of the progress made on the ‘Fit for 55’ package within the Council. In order to maintain the coherence of the package, the report focuses on its horizontal aspects, such as interlinkages between proposals and the main issues raised in the discussions held so far.
The Commission presented the ‘Fit for 55’ package on 14 July 2021. The package aims to bring the EU’s climate and energy legislative framework into line with the objective of achieving a climate-neutral EU by 2050 and its target of reducing net greenhouse gas emissions by at least 55% compared to 1990 levels by 2030.
The package consists of a series of closely interconnected proposals either amending existing pieces of legislation or establishing new initiatives across a range of policy areas and economic sectors. Within the Council, the proposals will be dealt with in four Council formations – Environment, Energy, Transport, and Economic and Financial Affairs – with the presidency ensuring coordination within and across policy areas.
In addition to the proposals discussed in the Environment Council, the package includes:
- a carbon border adjustment mechanism (CBAM) and a revision of the energy tax directive that will be dealt with in the Economic and Financial Affairs Council.
- an amendment to the renewable energy directive and an amendment to the energy efficiency directive that will be dealt with in the Energy Council. In addition, initiatives on methane, energy-performance of buildings and EU gas legislation are expected to be presented towards the end of 2021.
- A revision of the directive on deployment of alternative fuels infrastructure, ReFuelEU Aviation and FuelEU Maritime that will be dealt with in the Transport Council.
Further links:
- Progress report on 5 environment files in the ‘Fit for 55 package’
- ‘Fit for 55’ package – Overview of progress
- Commission proposal on the revision of the EU emissions trading system (ETS)
- Commission proposal on the revision of the effort sharing regulation (ESR)
- Commission proposal on the revision of the LULUCF regulation
- Commission proposal on the revision of regulation (EU) 2019/631 setting CO2 emission performance standards for new passenger cars and for new light commercial vehicles
- Commission proposal for a regulation establishing a social climate fund
- ‘Fit for 55’ (background information)
Batteries and waste batteries
The presidency will present a progress report to ministers on the state of play of discussions on the batteries and waste batteries legislation.
The presidency progress report presents a summary of the discussions held so far and identifies a number of aspects that need further deliberation. Ministers’ discussions should enable further progress in the preparation of new compromise texts.
On 10 December 2020, the European Commission presented a legislative proposal updating EU legislation on batteries and waste batteries.
Batteries are a key element of the clean energy transition. In the EU, transport is responsible for roughly a quarter of greenhouse gas emissions and it is the main cause of air pollution in cities. A more widespread uptake of electric vehicles is expected to reduce greenhouse gas emissions and noxious emissions from road transport.
The proposal aims to reduce the environmental and social impact of batteries throughout all stages of the battery life cycle – from sourcing materials to production, use, recycling and disposal.
Thereby it aligns the current legislation with the European Green Deal, promotes the circular economy and aims to ensure a high level of protection for health and the environment. The proposal also aims to address discrepancies on the internal market due to uneven rules and information, by creating a level playing field for batteries through a common, clearer set of rules.
EU environment ministers held a policy debate on the subject during their informal video conference in March 2021 and at the Environment Council in June this year.
Further links:
- Presidency progress report
- Commission proposal for a regulation on batteries and waste batteries + ADD 1
EU soil strategy for 2030
Ministers will hold an exchange of views on the EU soil strategy for 2030 – reaping the benefits of healthy soils for people, food, nature and climate.
The Commission adopted the EU soil strategy for 2030 on 17 November 2021.
The strategy proposes establishing a framework with concrete measures for the protection, restoration and sustainable use of soils and introducing a set of voluntary and legally binding measures. It aims to increase the soil carbon in agricultural land, combat desertification, restore degraded land and soil, and ensure that by 2050, all soil ecosystems are in a healthy condition.
The strategy calls for the same level of protection to be ensured for soil as for water, the marine environment and air in the EU. This will be done through a proposal, by 2023, for a new soil health law, following an impact assessment and broad consultation of stakeholders and member states. The strategy also mobilises the necessary societal engagement, financial resources and shared knowledge, and promotes sustainable soil management practices and monitoring, supporting the EU ambition for global action on soil.
Soil is host to more than 25% of all biodiversity on the planet and is the foundation of the food chains nourishing humanity and above-ground biodiversity. Soil and the multitude of organisms that live in it provide us with food, biomass, fibres and raw materials, they regulate the water, carbon and nutrient cycles and make life on land possible. It takes thousands of years to produce a few centimetres of soil.
Further link:
- EU soil strategy for 2030
Any other business
The Commission will present its proposal on minimising the risk of deforestation and forest degradation associated with products placed on the EU market and its proposal on shipments of waste. The Commission will also provide ministers with information on the implementation of the EU biodiversity strategy for 2030.
The presidency will provide ministers with information on the informal meeting of ministers responsible for urban matters – the role of European cities in the green transition and in achieving the objectives of the Green Deal (held in Ljubljana on 26 November 2021). The presidency will also inform ministers on the workshop on the reform of REACH Authorisation and Restriction (held in Brdo on 9 November 2021).
The Presidency and the Commission will report to ministers on the following main recent international meetings:
- 26th meeting of the Conference of the Parties to the UN Climate Change Conference (COP26) held in Glasgow on 31 October – 12 November 2021.
- 15th meeting of the Conference of the Parties to the Convention on Biological Diversity (CBD COP 15.1) held in Kunming (hybrid) on 11 – 15 October 2021.
- Seventh session of the Meeting of the Parties to the Aarhus Convention (MoP 7)
- Joint High-level Segment under the Meetings of the Parties to the Aarhus Convention and its Protocol on PRTRs
- Fourth session of the Meeting of the Parties to the Protocol on PRTRs (MoPP 4) held in Geneva (hybrid) on 18 – 22 October 2021.
- 22nd Meeting of the Contracting Parties to the Barcelona Convention and its Protocols held in Antalya on 7 – 10 December 2021
Information from the presidency and the Commission
Austria, supported by Hungary, Cyprus and Luxembourg, will give ministers information on coordinated action on the regulation of plants obtained by new genomic techniques.
Spain will inform ministers about the third clean air forum (Madrid, 18-19 November 2021) Information from Spain
Lithuania, supported by Bulgaria, Cyprus, Estonia, Hungary, Latvia, Malta, Poland, and Romania will provide information on the mobility package in the context of European Green Deal ambitions.
France will present the work programme of its incoming presidency.