The Restoration of Insects in the Nature Restoration Regulation Under a Changing Climate

Abstract

My contribution aligns with Theme 2: Biodiversity, water and nature restoration law. Extensive scientific research exists on the impact of climate change on biodiversity, with growing attention to its significant effects on insects, particularly their abundance, diversity, and ecological relationships. The effects of climate change are further exacerbated by the degradation and fragmentation of habitats critical for insect survival. Within this scientific background, the Nature Restoration Regulation could be the key to the survival of insects in this changing climate. The survival of insects is crucial for enhancing ecosystem resilience against climate-driven pressures, especially in natural and agricultural ecosystems. Restoring insect populations is thus not only a biodiversity priority but a critical component of the EU’s broader climate adaptation strategy. The Nature Restoration Regulation contains two provisions directly relevant to insects: Article 10 on the restoration of pollinator populations and Article 11 on the restoration of agricultural ecosystems. Article 10 addresses wild insect pollinators and is grounded in a long policy process with the (revised) EU Pollinators Initiative. It contains restoration targets and obligations regarding pollinator populations for 2030 and beyond, considering that pollinators are essential for ecosystem health and food security. Article 11 establishes restoration targets and obligations for agricultural ecosystems regarding certain indicators, including the grassland butterfly index. This is a well-established monitoring scheme applied by 18 Member States, covering 15 indicator species of grassland butterflies to assess environmental health. A common element is the requirement for Member States to set “satisfactory levels” for pollinator populations and grassland butterflies. This contribution will explore how these levels, to be defined through transparent, evidence-based processes supported by a forthcoming European Commission framework, will shape the effectiveness of insect restoration. A particular challenge is the issue of shifting baselines, where monitoring data reflect already-declined conditions since insect monitoring only started in recent decades. In my presentation, I will tackle three questions and theses: 1. How can Member States ensure scientific robustness and democratic legitimacy in setting satisfactory levels for pollinators and grassland butterflies? 2. How can Member States ensure that they do not incorporate shifting baselines in setting satisfactory levels for pollinators and grassland butterflies, taking into account that there is almost no historical data available? 3. Are the restoration obligations for pollinator populations and grassland butterflies obligations of result or obligations of means? By analysing these questions, the contribution aims to show how insect restoration can serve as a legal lever for broader climate resilience in Europe.