Bioenergy at the Intersection of the EU's Legal Frameworks for Biodiversity and Energy and Climate Change: Are Forests Protected?

Abstract

This thesis examines the protection of forests within the EU legal framework on the example of energy production from forest biomass, as it is at the very crossroads of biodiversity protection and energy and climate change law. The protection of forests and climate change mitigation are highly intertwined, as the disappearance of forests accelerates climate change, which in turn leads to the disappearance of forests. This cyclical problem points out the need to address both issues simultaneously. Hence, the main research question explores whether the approach to biomass within the EU’s corpus of climate change instruments is aligned with the protection of forests in its biodiversity protection instruments. The analysis covers the crucial EU legislation for this research, such as the EU’s Biodiversity Strategy for 2030, the New EU’s Forest Strategy for 2030, the Nature Directives, the Deforestation Regulation, the European Climate Law, the LULUCF Regulation, and the Renewable Energy Directive. To supplement that, relevant case law is analysed with an aim to understand judicial interpretations and enforcement. The findings of this thesis indicate significant challenges in harmonising these objectives, emphasising the need for improved integration to ensure sustainable forest management and effective climate change mitigation