Editorial: Governing the EU’s climate and energy transition through the 2030 Framework

Date01 July 2020
AuthorKati Kulovesi,Harro Asselt,Claire Dupont
DOIhttp://doi.org/10.1111/reel.12359
Published date01 July 2020
RECIEL. 2020;29:147–150. wileyonlinelibrary.com/journal/reel
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  147© 2020 Wiley Peri odicals LLC
DOI: 10 .1111/reel .12359
EDITORIAL
Editorial: Governing the EU’s climate and energy transition
through the 2030 Framework
In preparing it s intended nationally determ ined contribution during
negotiations for t he Paris Agre ement on climate cha nge, the
European Union (EU ) was one of the firs t parties to t he United
Nations Framewor k Convention on Climate Cha nge (UNFCCC) to set
a new climate change mi tigation tar get for 2030, ple dging to cut
greenhouse ga s emissions by at leas t 40% compare d to 1990.1
Internally, the EU’s 203 0 Climate and Energy Policy Fram ework in-
cludes two add itional targets to achieve a sha re of at least 32% for
renewable energy in energy consumption and an improvement of at
least 32.5% in ene rgy effic iency, retaining t he target str ucture and
main legal inst ruments of the EU ’s 2020 climate and en ergy
package.
Implementat ion of the 2030 t argets has involve d modifica-
tions to existin g legislation and t he adoption of new legal instru-
ments. Key update s to existing legislation re late to the promotion
of renewable energy and energy efficiency, and modifications
to the EU emissions t rading system ( ETS). The alloc ation of re-
sponsibilitie s among Member States for redu cing greenhouse gas
emissions out side the ETS sec tors is governed by a n ew Effort
Sharing Regulation, resembling the currently applicable Effort
Sharing Decisi on. The 2030 Fra mework also intro duces a new
Regulation on the G overnance of the En ergy Union an d Climate
Action to improve planning, monitoring and reporting related to
the climate and en ergy target s and to align EU clim ate law with
the Paris Agreement’s processes. Another new feature is that the
EU’s 2030 target a lso includes the land use, lan d-use change and
forestry (LU LUCF) sector, with th e EU adopting a new LULUC F
Regulation that strengthens previous accounting rules for the
sector under t he Kyoto Protocol.
All the relevant l egislation to imp lement the 203 0 Framework
has been adopte d. Against this bac kground, this spe cial issue aims to
offer a timely a nalysis of recent development s in EU climate change
law, with an emphasis on t he 2030 Framework. Such an anal ysis is
important for several reasons.
First, the re is a need to take stock of EU climate l aw following
the many important changes introduced through the 2030
Framework. It has b een argued that EU clima te law is ‘enormously
complex’ and t hat it is ‘a huge challenge for EU clima te scholars to
map and unders tand it well’.2 This speci al issue thus seeks to con-
tribute to effo rts to critically analys e and better understand t he
rapidly evolvi ng and expandin g body of EU climate law an d
pol icy.
Second, the an alysis in this special issue of the m echanisms and
tools of the 2030 Fra mework will assis t in underst anding how EU
climate law and poli cy can and should be fu rther developed a nd how
their ambition can be increased. EU climate law and policy remain in
flux even after t he comprehensi ve reform that is the fo cus of this
special issue, a nd another wave of changes is already o n its way. In
response to mou nting internal and exte rnal pressure to increa se am-
bition, accele rated by the 2018 repor t by the Intergover nmental
Panel on Climate C hange that highlig hts the benef its of keeping
global warming below 1.5°C compared to 2°C,3 the new European
Commission led by U rsula von der Leyen h as set out an ambiti ous
political age nda in the form of th e European Gree n Deal. This is a
roadmap to make the EU e conomy sustainabl e and to ensure, among
others, that t here are no net greenhouse ga s emissions by 2050. As
part of the plan ned climate neut rality tra nsformation , the
Commission is sch eduled to propose an increas e of the 2030 target
to at least 50% and tow ards 55%.4 In March 2020, the Commiss ion
also proposed a n ew EU Climate Law that w ould enshrine t he EU’s
climate neutra lity target in law and est ablish an emissions tra jectory
to achieve it.5 Th e articles in t his special issu e show that the 203 0
Framework is a cruc ial stepping stone to ach ieving climate neutral ity
by 2050: only with a c lear analysis of the Framework w ill the EU be
able to adjust it s governance appr oach to respond ef fectivel y and
rapidly to the climate crisis.
Third, as the cont ributions to this issue hi ghlight, there are inhe r-
ent tensions in EU clim ate and energy governance that wil l have to
be dealt with as a mat ter of urgency, includi ng misalignment of pol icy
objectives and tensions among flexible or stable approaches. The
forthcomin g round of reforms constit utes an opportunit y to address
these tensions.
1‘Submissio n by Latvia and t he European Com mission on beha lf of the European U nion
and its Memb er States, Inte nded National ly Determined C ontributio n by the European
Union and Its M ember States’ (6 M arch 2015) <https://www4.unfccc.int/sites/ ndcs t
aging/ Publi shedD ocume nts/Europ ean%20Uni on%20Fir st/LV-03-06-EU%20INDC.pdf>.
2M Peeters, ‘E U Climate Law: L argely Unchar ted Legal Territo ry’ (2019) 9 Climat e Law
137, 1 40.
3Intergovern mental Panel o n Climate Change ( IPCC), Global Warming of 1.5°C (IPCC
2018).
4See <https://ec.europa.eu/info/law/better-regul ation/ have-your-say/initi ative
s/12265-2030-Clima te-Target-Plan>.
5Commission ( EU) ‘Proposal f or a Regulation of t he European Par liament and of th e
Council est ablishing th e framework for a chieving clima te neutralit y and amending
Regulation (E U) 2018:1999 (Europea n Climate Law)’ COM (2020) 80 fina l, 4 March 2020.

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