A new legal briefing commissioned by WWF finds that potential changes to the EU carbon removal target in the EU’s post-2030 climate framework could put the bloc at odds with international law.
More concretely, it could be inconsistent with the findings of the International Court of Justice’s Advisory Opinion on ‘obligations of states in respect to climate change’. The analysis warns that rolling back on the Land Use, Land Use Change, and Forestry (LULUCF) carbon removal target or failing to increase it for 2040 may result in a breach of international law and expose the EU to legal challenge.
The warning comes as the EU is planning to revise key climate legislation, including the LULUCF, to deliver the 2040 climate target. This process has already evoked calls from some Member States and industry actors to weaken or get rid of the LULUCF target.
“Scaling back on Europe’s carbon-removal target would not only harm forests and other land ecosystems but could also put the EU on shaky legal grounds. Instead of lowering the bar, the EU should invest in the resilience of its forests and fix the policies that are harming them,” said Sofia Ghezzi, Climate and Land Use Officer at WWF EU.
The briefing, carried out by an international law firm, finds that, while international law does not prescribe specific sectorial targets, it does require governments to continuously demonstrate the “highest possible ambition” in limiting climate change to 1.5°C. It also requires them to maintain policies capable of delivering their climate goals, including the protection and enhancement of natural carbon removals.
Against this benchmark, the analysis finds that any rollback of the LULUCF target without credible and equivalent replacement measures could trigger legal action. It also warns that softening compliance rules for Member States could further expose the EU to legal challenges.
“All but one Member State supported the operationalisation of the Advisory Opinion at the UN General Assembly; stepping back from this commitment at home would be a clear betrayal of that promise. The EU cannot just treat international law as a PR opportunity to claim climate leadership. It is a commitment to protect people and nature and to act with the highest possible ambition,” Ghezzi concluded.
WWF calls on the European Commission to comply with the Advisory Opinion and international law while reviewing its climate architecture in the coming months and years. WWF recently published a position paper outlining key principles and safeguards for the upcoming revision of key climate legislation, including the LULUCF and Effort Sharing Regulations, with specific recommendations on the LULUCF target to ensure the EU remains aligned with the ICJ’s Advisory Opinion.
