Unsustainable Legislation for Renewable Energy in light of the Protection of Insects

Abstract

Renewable Energy Directive (EU) 2023/2413 (hereinafter: RED-III) aims to accelerate and ease the deployment of renewable energy projects, notably by exempting Member States, or allowing them to exempt, certain renewable energy projects from an appropriate assessment under the Habitats Directive. However, this assessment is a cornerstone of EU environmental law since it allows competent authorities to make scientifically informed decisions about the biodiversity implications of projects in and around Natura-2000 sites. Consequently, removing the appropriate assessment may have serious negative consequences on biodiversity, including insect conservation. The Habitats Directive lists 100 insect species in Annex II, including beetles, butterflies and dragonflies. As I will clarify, this is only a fraction of the insect world. The benefits of a flourishing insect population are plentiful, whereby ecosystems, animal and plant species, and humans are the beneficiaries of several key ecosystem services, e.g., pollination of wild plants and agricultural crops. However, recent studies corroborate the decline of insect populations at an unprecedented rate, leading to a possible collapse of insect populations. Therefore, by removing the protection of Natura-2000 sites, the exemption in the RED-III may severely weaken insect biodiversity and hamper the ecosystem services provided by insects. In view of the lack of scientific knowledge on insect biodiversity, the precautionary principle applies and requires protective measures to be taken. Consequently, additional questions might be raised about the legality of the RED-III exemption in light of the precautionary principle.