Fortum’s position on EU Nature Restoration Regulation

flowing water

The discussion in Finland and Sweden has been focused on the effects of the EU Nature Restoration regulation on forests. The proposal has potentially major consequences on CO2 free energy production as well.

Fortum's key messages

  • Fortum supports the EU Biodiversity Strategy and its high ambitions to protect and restore species and habitats.
  • Biodiversity regulation should be aligned with climate change mitigation, renewable energy and security of supply goals.
  • High ambitions regarding biodiversity, that Fortum supports, should if needed, be supported by legislation which effects are carefully evaluated and overlapping regulation avoided.
  • The proposal for a Nature Restoration Regulation could have unforeseen negative consequences for the energy system, in particular for hydro and wind power, and power grids.
  • Fortum e.g., has many hydro power plants located in areas of habitat types listed in the Annex.
  • The existing hydro power production, the future renewable energy production and the security of energy supply must be safeguarded in order to reach EU climate and energy goals.
  • The proposal includes unclear concepts and definitions that need to be clarified.
  • The cost-effectiveness and efficiency of the restoration measures must be ensured.
  • The flexibility of the regulation should be maintained, allowing Member States to define their own restoration measures.

Fortum proposes the following amendments to the commission proposal in order to safeguard the existing and future renewable energy production and the security of energy supply:

Art 4(new point): When putting in place the restoration measures referred to in paragraphs 1, 2 and 3, Member States shall address areas, which are those that are not needed for renewable energy generation.

  • Support for the corresponding ENVI amendment: 759

Art. 4(6): Member States shall promote ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show an continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and an continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall promote ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not deteriorate.

  • Support for the corresponding ENVI amendments: 786, 793

Art. 4(7): Member States shall promote ensure that areas where the habitat types listed in Annex I occur do not significantly deteriorate in relation to the objectives of the Directive 92/43/EEC.

  • Support for the corresponding ENVI amendments: 804, 801, 813

Art. 4(8): Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7 is justified if it is caused by:

(a) force majeure;

(b) unavoidable habitat transformations which are directly caused by climate change;

(c) a project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or

(d) plants to produce energy from renewable sources, their connection to the grid, the grid itself or storage assets that contribute to climate neutrality by 2050.

  • Support for the corresponding ENVI amendments: 869, 848, 875

Art. 4(9): For Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 6 and 7, is justified if it is caused by:

(a) force majeure;

(b) unavoidable habitat transformations which are directly caused by climate change;

(c) a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC; or

(d) renewable energy production that is of importance for fulfilling the national energy and climate plans (NECPs) and securing the energy system of a Member State.

  • Support for the corresponding ENVI amendments: 910, 920

Art 7(2): Member States shall remove the barriers to longitudinal and lateral connectivity of surface waters identified under paragraph 1 of this Article, in accordance with the plan for their removal referred to in Article 12(2), point (f). When removing barriers, Member States shall primarily address obsolete barriers, which are those without actual or potential use that are no longer needed for renewable energy generation, inland navigation, water supply, flood protection or other uses.

  • Support for the corresponding ENVI amendments: 1256, 1249, 1258, 1259

Art 11(6): “Member States shall coordinate the development of national restoration plans with the existing and future renewable energy production and the designation of the renewables go-to areas. During the preparation of the nature restoration plans, Member States shall safeguard the existing renewable energy production that helps to secure the energy supply, and ensure synergies with the already designated renewables go-to areas and ensure that the functioning of the renewables go-to areas, including the permitting procedures applicable in the renewables go-to areas foreseen by Directive (EU) 2018/2001 remain unchanged.”

  • Support for the corresponding ENVI amendments: 1688, 1692

More information:

Fredrik Blomfelt

ESG Manager
Tel: +358407057389
fredrik [dot] blomfelt [at] fortum [dot] com