Fit for 55: the legislative package that the EU must not fail

*Infographic – Fit for 55: how the EU will turn climate goals into law

2022 – securing the energy supply

On 24 February 2022, the Russian invasion of Ukraine started. Since then, the EU has been facing the challenge of security of energy supply due to its dependency on Russian gas, and as 45% of natural gas consumed by the EU comes from Russia, it was quickly necessary to find alternative sources and therefore, by force of circumstance, to review the FF55 energy plan.

Thus, within the Parliament, ongoing discussions target the ways in which these rules can be amended, changed, and updated to meet the climate policy objectives. The European Commission presented on March 8 the idea of coming up with a new project which aims at phasing out Russian fossil fuels and becoming more autonomous and independent regarding its energy supply and security. The plan was well received by EU leaders, who signed the Versailles declaration. They all agreed on the necessity to make the EU independent from  Russian energy imports as soon as possible. On May 18, the Commission presented the REPowerEU plan, and a week after the EU Energy Platform Task Force was established to secure alternative supplies.

On 29 June 2022, the Council of the EU adopted a common position on the package presented in July 2021 by the Commission. A general approach under the French Presidency was agreed on, which differs in significant ways from the  European Parliament’s Committee for Industry, Research, and Energy (ITRE) report. 

More precisely, Member States adopted a common approach to the EU emissions trading system (EU ETS), effort-sharing between member states in non-ETS sectors (ESR), emissions and removals from land use, land-use change and forestry (LULUCF), the creation of a social climate fund (SCF) and new CO2 emission performance standards for cars and vans. 

The Council supports a binding renewable energy sources (RES)target of only 40 % by 2030, reflecting the Commission’s original proposal (July 2021). The general approach offers Member States the flexibility to choose between a 13% reduction in GHG intensity or a 29 % share of RES in the final energy consumption in the transport sector by 2030. The general approach proposes lower sub-targets for mainstreaming RES in heating and cooling (+0.8% annually until 2026 and +1.1 % thereafter) and industry (+1.1% annually), but also requires that 35 % of the hydrogen used in the industry should come from RFNBOs by 2030, rising to 50 % by 2035.

This common position is called “general approaches”.

The year 2022 ended up with endless negotiations regarding nuclear power. The socialists and greens support banning atomic power, but some countries, more nuclear-dependent such as France, are opposing the above positions towards atomic energy. Finally, on July 6, the Parliament voted to record nuclear power as renewable energy. The chapter on renewable energies of FF55 is therefore greatly impacted since the threshold to be met will now include not only solar and wind energy but also renewable nuclear and gas.

2023 – planning ahead

Even though 2023 just started 3 months ago, the discussion around the possibility of setting national sustainable aviation fuel (SAF) is still in process. Indeed the aviation industry is one of the main parts of Fit For 55. Under this regulation, all planes departing from an EU airport will have to refuel as they become available with sustainable aviation fuel (CAD) — low-carbon alternatives to kerosene made from advanced biofuels and hydrogen-derived green synthetic fuels.

The European Parliament and the Council do not agree on the percentage of CAD to be imposed — the Parliament wants 85% by 2050, while the Council sticks to the 63% proposed by the Commission — and on the matters first to be designated as “sustainable”.

The inclusion of nuclear as a potential energy source to create synthetic fuels was the red line for Socialist (S&D) and Green (Greens/EFA) MEPs.

FuelEU Maritime, the sibling of ReFuelEU Aviation, will also be negotiated in 2023.

Unlike the aviation fuel law, FuelEU does not mandate the type of fuel that must be used in ships. Rather, it sets increasingly strict carbon intensity limits that must be respected. 

However, green-minded legislators are concerned that giving the shipping industry carte blanche will see them choose the cheapest rather than the greenest option to meet the targets. Specifically, the option to fuel ships with liquefied natural gas – a fossil fuel – up to 2030 has proven controversial.

Finally, concerning the automotive sector, new thermal engine cars will be banned from sale by 2035. However, the lack of charging stations creates a significant problem for the development of electric cars.

Both the private sector and national governments are working to increase the availability of charging points. In Brussels, the issue is addressed through the Alternative Fuels Infrastructure Regulation (AFIR).

AFIR sets out requirements for the number of charging stations along the EU’s main transport corridors and aims to make it easier to pay for charging, particularly when crossing into another EU country.

Access to Justice in the FF55

Other than being crucial that MEPs find fast, common agreements on these, it is also likely crucial that Member States (MSs) implement and enforce the package. Once adopted by the EU, the package will be in the hands of MSs, which have the responsibility to implement the updates. 

The Aarhus Convention, signed in 1998, sets three important pillars —access to information, public participation, and access to justice — which are the cornerstones of environmental and climate governance in Europe. As also parties of the Convention, EU member states and the EU itself have an obligation to implement all its pillars.

Among these pillars, ensuring that  EU citizens and NGOs have the right of access to justice is essential to make sure that member states are held accountable in case of disrespect of environmental and climate objectives. Despite the fact that regulations have a direct effect on Member States’ laws, access to justice in environmental matters is still very limited. The right of access to justice has been therefore subject to strong advocacy work from EU environmental NGO. According to them, it is crucial to have a liability mechanism open to civil society for holding MSs accountable for any violation: the climate emergency does not allow delays in the implementation of measures.

With the massive work around the FF55, there is a concrete possibility to include access to justice provisions within EU climate rules and ensure the empowerment of civil society in challenging MSs when not complying with the agreed targets. As a matter of fact, there is neither democracy nor a green Europe without sound and coherent access to justice: the FF55 must not be the exception.

Finally, it is important to remember that FF55 is still open for updates, the negotiations are still in process so NGOs can and must put pressure on Member States to make this agreement sustainable and greener.