As scientists, we call on the European Institutions and EU energy ministers not to reduce existing biodiversity protection controls, not even to accelerate the deployment of renewable energies.

The European Commission, at the request of the European Council, submitted on 9 November 2022 to the Council of the European Union a proposal for a regulation to accelerate the deployment of renewable energies (COM/2022/591/final). The proposal amends the regime for the prohibition of the deterioration of ecosystems.

Current legislation prohibits the deterioration of species, habitats and sites in the Natura 2000 network, as well as the status of surface and groundwater. These prohibitions have few and strict exceptions (Article 6.4 Directive 92/43 and Article 9.1.a Directive 2009/147 and Article 4.7 Directive 2000/60). One of the conditions of these exceptions is that projects that will be allowed to damage ecosystems must demonstrate a specific and sufficient «overriding public interest».

The Commission’s proposal reduces this requirement by stating that renewable energy production plans and projects will be generally presumed to be «of overriding public interest and contribute to public health and safety», thus exempting developers from proving such interest and contribution on a case-by-case basis.

This presumption breaks the strict nature of these exceptions and therefore facilitates the deterioration of ecosystems through the legal fiction of presuming a reality without the need to prove it.

The main reason against this is that science has shown that, even with existing protection measures, it has not been possible to stop the decline in terms of massive destruction of biodiversity (ipbes.net and eea.europa.eu). We need to strictly enforce the prohibition of deterioration and extend protection with additional new measures.

There are also many other reasons not to support this proposal (legal report), not least that its adoption contradicts the obligation to fully integrate biodiversity protection requirements into the definition and implementation of energy policy (Article 11 TFEU and Article 37 of the Charter of Fundamental Rights).

Those of us who work to increase scientific knowledge and apply it in public policies want to draw attention to the intergenerational responsibility we have as a society and the imperative need not to take any steps backwards in the protection of biodiversity, not even for the deployment of renewable energies. We must not protect one asset by damaging another.

The deployment of renewable energies can be carried out without endangering biodiversity.

Open letter:

SUPPORT THE INICIATIVE

Next Tuesday December the 13th, 2022 the European Union Council decides whether to adopt a regulation to «accelerate the deployment of renewable energies» that simultaneously reduces environmental controls on renewable energy plans and projects.

Scientific professionals of all environmental sectors are publicly expressing their rejection and spreading the word that this proposed regulation should not be approved. As you will read in the attached open letter, this regulation is an undeniable regression in the protection of biodiversity. 

This open letter will be disseminated to the media from a recently opened website not affiliated with any organisation or party (sinexcusa.org),
If you represent an Organization and you wish to support this open letter, send the name of your Organization and workplace to sinexcusa.contacto@gmail.com before December the 10th 2022, to be circulated on the 11th.  

We urge you to consider circulating this message to your contacts as well.

if you think it appropriate, please address your MEPs directly with your rejection to adopt the Regulation  to accelerate the deployment of renewable energy and share with them the open letter.

PRESS RELEASED

The scientific community speaks out against the approval of the European regulation to accelerate the deployment of renewables

More than 470 scientists have signed an open letter in defence of existing biodiversity protection measures and in rejection of the proposal to amend the European regulation (to be voted on 13 December) to reduce such measures.

The scientific initiative has the support of more than 300 citizens groups

On 13 December, the EU Council will meet to decide whether to approve the proposed regulation on accelerating the deployment of renewables that reduces environmental controls on renewable energy plans and projects.

The current regulation prohibits the deterioration of species, habitats and sites in the Natura 2000 network, as well as the status of surface and groundwater. The Commission’s proposal reduces this requirement by establishing that plans and projects for the production of energy from renewable sources will be generally presumed to be «of overriding public interest and to contribute to public health and safety», thus exempting developers from having to prove such interest and contribution on a case-by-case basis.

This is a regulation which, moreover, does not comply with European Union law and violates the democratic legitimacy of the European Parliament.

In barely a week, the scientific community has spoken out unequivocally against this proposal, with more than 460 scientists signing the open letter Biodiversity without excuses, in which they call on the European Institutions and EU energy ministers not to reduce existing controls to protect biodiversity, not even to accelerate the deployment of renewable energy. The letter is backed by the public with the support of more than 250 groups.

The rejection of the approval of the regulation to accelerate the deployment of renewables has been widespread, international (with representation from 16 countries), interdisciplinary and intergenerational, as along with scientists with extensive experience and recognition, there are researchers in their early stages of training.

«Those of us who work to increase scientific knowledge and apply it to public policy want to draw attention to the intergenerational responsibility we have as a society and the imperative need not to take any steps backwards in the protection of biodiversity, not even for the deployment of renewable energies. We must not protect one asset by damaging another,» the professionals state in their letter.

Society’s response is clear: it rejects outright the European regulation to accelerate the deployment of renewables. The European Union should not ignore this block petition, which argues that the energy transition to renewable sources can be carried out without endangering biodiversity.

News

Actions carried out by Biodiversisty without excuse so far:

December 4, 2022: Appeal to the scientific community with its open letter asking the European Institutions and the energy ministers of the European Union not to reduce the existing controls for the protection of biodiversity, not even to accelerate the deployment of The renewable energies.

December 5, 2022: Publication of the sinexcusa.org website and the scientific appeal and citizen support.

December 11: Sending of the press release with the open letter from scientific development professionals requesting the rejection of the approval of the regulation to accelerate the deployment of renewables. Publication in the press release of the number of signatory members of the scientific community and the number of supports for their letter collected up to that moment.

December 12: Sending of the open letter from the scientific community to the President of the European Parliament, Commissioner for Energy, President of the Council on energy matters and to the Vice President and Minister Teresa Ribera.

December 13: dissemination on social networks of the request to Minister Teresa Ribera to maintain her NO to the approval of the Regulation (requested by a broad representation of society).

On December 13, the day of the EU Council meeting to decide whether to approve the proposed regulation to accelerate the deployment of renewable energy that reduces environmental controls on the Commission’s renewable energy plans and projects. At that time sinexcusa.org had collected 471 signatories from the scientific community to his open letter, support from 272 groups and support from 228 individuals.

There was no agreement. The decision has been delayed to December 19.

Thank you for your continued support by disseminating our posts and website.

The non-prioritization of renewable energy projects in the Natura 2000 Network is not a victory since: i) it is not a novelty ii) it is not enough. The presumption of overriding public interest continues to threaten the Natura 2000 network.
The acceleration Regulation and the modification of the Renewables Directive are currently being processed in the EU.

The non-prioritization of renewable energy projects in the Natura 2000 Network is not a victory since: i) it is not a novelty ii) it is not enough. The presumption of overriding public interest continues to threaten the Natura 2000 network.
The acceleration Regulation and the modification of the Renewables Directive are currently being processed in the EU.

The proposed Regulation (to be voted on by the European Energy Council) represents an advance of one of the acceleration measures (possible decision on 12/19/2022) which is the automatic presumption of superior public interest for renewable energy plans and projects . However, it produces a regression in environmental controls and protections, among other non-compliances (an impact assessment of the regulation has not been carried out, see report for details).

The amendment to the Renewables Directive (currently being processed in the European Parliament) includes two acceleration measures: a) the establishment of acceleration zones for renewables and b) the presumption of superior public interest.

In the case of renewable acceleration zones, it is intended not to give administrative priority to projects that are in the Natura 2000 network.

In the case of the presumption of superior public interest, an exception is established to facilitate those projects that affect the aforementioned Natura 2000 network.

The non-prioritization of these projects is absolutely insufficient due to the bad design of the Red Natura 2000 and the ignorance of the actual distribution of many species (a scientific article).

The presumption of «overriding public interest and that they contribute to public health and safety» would exempt promoters from accrediting said interest and contribution in each particular case.

This presumption breaks the strict nature that these exceptions have and therefore facilitates the deterioration of ecosystems through the legal fiction of presuming a reality without the need to prove it.