Enforcing EU climate legislation

Summary:

Within the policy framework of the European Green Deal, the European Climate Law of 2021 has set an EU-wide, legally binding target of 'climate neutrality' or net-zero greenhouse gas (GHG) emissions by 2050. To achieve this target, the European Climate Law also enshrines the intermediate climate target of reducing EU net GHG emissions by at least 55 % by 2030, compared to 1990 levels. Following the adoption of the Climate Law and most of the 'fit for 55' legislative revisions, Member States had to update their national energy and climate plans (NECPs) in line with the increased energy and climate objectives by 30 June 2024. Ahead of this deadline, the Commission called on Member States to step up their efforts, as the contributions noted in the draft NECPs were not yet sufficient to deliver the 2030 target and would lead to a net reduction of only 51 %. The 2030 EU Climate Law target is binding at EU level.

Its achievement, however, depends on the success of plans and measures at national level, across a range of policy areas. To explore the potential enforceability of the net 55 % EU-wide emission reduction target, this briefing examines the enforcement mechanisms of five legislative acts that form the core of the European climate and energy acquis and will be essential for delivering the European Climate Law's 2030 target. The briefing looks at the enforcement specificities of the nationally binding targets of key climate legislation, including various procedural obligations under the Governance Regulation. Ultimately, nationally binding targets can be enforced by the Commission through the overarching infringement procedure of the EU Treaties. In the case of binding EU-wide targets, however, the situation becomes more complex.

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