London Daily

Focus on the big picture.
Wednesday, Aug 05, 2026

Proposed EU legislation feared to pose threat to biodiversity

Proposed EU legislation feared to pose threat to biodiversity

Critics warn the proposed law justifies environmental destruction by putting a price on natural resources and claiming substitutability.

The European Union’s forthcoming environmental legislation is threatening to transfer environmental regulations to financial markets, critics warn.

The proposal is framed as protecting the EU’s biodiversity with legally binding nature restoration targets.

As the EU’s entire biodiversity strategy is based on a net gain principle – offsetting – critics of the proposal say it is a thinly veiled attempt to bolster the biodiversity offsetting the EU has been trying to push for the past decade.

“They’re transferring environmental regulations to market-based solutions,” said Frederic Hache, co-founder of Green Finance Observatory, an NGO examining sustainable finance at the heart of Brussels.

The biodiversity offset market uses the same principles as its better-known carbon credit market cousin to justify environmental destruction by putting a price on natural resources and claiming substitutability – one ecosystem of the same financial value can be substituted for another.

The Marker Wadden in IJsselmeer lake in The Netherlands is part of one of the largest nature restoration projects in Europe, intended to restore biodiversity


Proponents of such models say it will incentivise and mandate the private sector to take responsibility for nature protection, but civil society groups warn such financialisation poses a grave threat to biodiversity by reducing complex ecosystems and the species which depend on them to a monetary value.

These groups say putting a price on biodiversity, and creating an offset market, facilitates and justifies environmental destruction, not protection.


Offsetting models


There are multiple offsetting models, with the best being “like for like”: if a private company wants to destroy a natural habitat for flamingos to build an airport, for example, they have to recreate that habitat elsewhere. But that is not the framework the EU pushed for.

The preferred model is “like for like or better” meaning the destruction of a natural habitat can be compensated by creating an ecosystem service of equivalent monetary value elsewhere.

Essentially, you can kill the flamingos in Spain if you are saving bats in Greece. This model creates a market: If the compensation is no longer specific you can restore in advance and build a coffer of biodiversity credits.

Worryingly, the European Commission pushed for the “like for like or better” model.

Concerned MEPs at the European Union wrote to the commission asking for clarification as to the whether the EU’s “nature-based solutions”, the term rolled out in all recent environmental legislation, included biodiversity offsetting.

The commission confirmed the “like for like or better” biodiversity offsetting is indeed part of its nature-based solutions framework, within the geography of the EU.

People in bee costumes launch a campaign to stop the collapse of nature and to save rural livelihoods in the EU by phasing out pesticides


However, when asked for comment, the commission denied this.

“There is no EU biodiversity offset framework and there is no intention for the nature restoration law to benefit any biodiversity offset market,” said Stefan Leiner, the head of European Commission’s unit of Natural Capital and Ecosystem Health (ENV.D2).

“Its intention is rather to contribute to the continuous, long-term and sustained recovery of biodiverse and resilient nature across the union’s land and sea areas through the restoration of ecosystems and hereby also to contribute to achieving the union’s climate change mitigation and adaptation objectives and to contribute to meeting the union’s international commitments,” he said.


Years of prep work


Green Finance Observatory claims the EU has been working on its biodiversity offset market for 10 years, establishing frameworks and models for how to put a price on complex ecosystems.

It is not yet clear if companies themselves will be allowed to establish those prices using those models, or if the EU will involve third-party regulatory bodies.

The unregulated nature of the carbon market has created a fleet of “carbon cowboys”, the colloquial term for opportunistic financiers exploiting the lack of regulations to line their pockets with billions of dollars.

But the biodiversity market has largely gone under the radar because of the lack of legislation mandating offsetting – until now.

Hache claims these forthcoming mandatory restoration targets combined with net gain objectives would create demand for biodiversity offsetting.

“The devil is in the details and we look forward to reading the proposal. To be clear, restoration is a good thing but only if it comes in addition to curbing destruction and is neither financed by market schemes nor considered an offset,” he said.


Natural capital


At the root of offset markets and nature-based solutions is the concept of natural capital – understanding nature as a series of services which benefit human wellbeing.

By this definition, biodiversity which does not improve human wellbeing is discounted. The EU recently valued the natural capital of its ecosystems services at 234 billion euros ($365bn).

“Does the fact that we know this figure incentivise us to protect nature? Or, on the contrary, will it facilitate its destruction, if we consider that it represents about one month’s revenue of the oil and gas industry?” said Hache.

“This natural capital approach is only the first type. Once you have established that, then the idea is to establish markets based on biodiversity destruction-financial markets on the alleged compensation of biodiversity destruction.”

While environmental regulations have a long history of effectively mitigating environmental destruction – the ban of chlorofluorocarbon (CFC) gases linked to the Montreal protocol, bans on asbestos – the underlying assumption peddled in offset markets is that these regulations have failed.


Lacking evidence


Yet, proof on the success of offset markets is hard to find, with recent evidence pointing to human rights abuses and land grabbing from Indigenous populations in order to put forests on the carbon market.

Hache and his colleagues are concerned the biodiversity offset market could reproduce these same abuses.

Their concerns are not unfounded when considering there are currently more offset commitments than there is land to satisfy those commitments.

Despite warnings from academics and experts, governments and institutions are increasingly promoting market-based solutions and net gain principles to successfully navigate the ecological and climate crisis.

“It’s bizarre to imagine that the loss of biodiversity in one sphere can be offset by increasing it elsewhere,” Steve Keen, an Australian economist, told Al Jazeera.

“The problem is that ‘there is no it’: biodiversity is a simple word for the highly interconnected web of life. We barely understand that web, so to think that we can let the market poke a hole in it somewhere, and then compensate by making the web denser somewhere else, is just delusional,” he said.

Newsletter

Related Articles

0:00
0:00
Close
Senate Scrutinises AI-Driven Personalised Pricing
Spain Seeks Mainland Transfers for 1,100 Children Stranded in Ceuta
Lightning Strike Kills Yala FC Player During Match in Southern Thailand
UK Energy Security Faces Pressure From Middle East Conflict and Red Sea Disruptions
UK Government Expands Employment Discrimination Review Amid Labour Market Changes
UK Campaigners Call for Ban on Toxic Flea Treatments Linked to Water Pollution
MI6 Ranked Europe’s Leading Foreign Intelligence Service in Independent Review
Houthi Missile Attack on Saudi Oil Tanker Raises Further Red Sea Shipping Concerns
Palantir Faces UK Tax Criticism After Paying Two Million Pounds in Corporation Tax
Advanced AI Models Show Unexpected Behaviour During UK Cybersecurity Testing
Bank of England Introduces Tougher Artificial Intelligence Testing Rules for Financial Firms
Next Raises Annual Profit Forecast to One Point Two Four Billion Pounds After Strong Summer Sales
New UK Visa Rules Tighten Skilled Worker, Student and Family Migration Routes
UK Government Proposes New Equal Pay Enforcement Powers for Employers
UK High Court Blocks Home Office Deportation Policy for Alleged Trafficking Victims
UK Health Secretary Yvette Cooper Announces Major Reform of NHS Maternity Services
BP Reports Four-Year High Quarterly Profit of Five Point Seven Billion Dollars Amid Energy Market Turmoil
Bank of England Holds Interest Rate at Three Point Seven Five Percent as UK Growth Remains Weak
Spain and Morocco Trade Blame After 72,000 Migrants Enter Ceuta
Met Police Investigated Journalist Who Questioned Cambridge Professor
Badenoch Defends Tory Candidate Jailed for Antisemitic Abuse of Luciana Berger
NHS Spends £240m a Year Storing Paper Records Despite Digital Push
Apple Seeks Court Order to Stop OpenAI Using Alleged Trade Secrets
Breaking With the Past: One of the World’s Smallest Countries Changes Its Name
AI Is Remaking the US Economy, From GDP Growth to iPhone Prices
Comcast: Tied to a Chair and Hit in the Face With Cake: The Regular Humiliation Ritual at the US Corporate Giant
Aston Martin Faces Legal Threat Over £550m Rescue Deal
Conservative Party and Reform UK Face Growing Scrutiny Over Political Transparency
GMB and Public Sector Unions Prepare for Wider Debate Over Government Priorities
UK Government Faces Pressure to Address National Water Infrastructure Failures
NHS Radiographers Report Rising Racist Abuse From Patients
Breast Cancer Experts Call for Overhaul of NHS Diagnostic Approach
UK Government Reviews Prison Policy After Debate Over Capacity and Public Safety
Nigel Farage Faces Questions Over Leadership Discussions and Five Million Pound Donation
Conservative Party Faces Candidate Controversy Over Former Antisemitic Activist
UK Energy Industry Pushes for Greater Role for Domestic Oil and Gas Production
Gatwick Expansion Debate Continues as Airport Prepares for Second Runway Construction
Reform UK Wants the Royal Navy to Return Channel Boats to France
Government Faces Pressure Over Charity Funding Linked to Illegal Israeli Settlements
UK Fire Chiefs Demand Ban on Disposable Barbecues During Severe Drought
Medical Review Warns Current Breast Cancer Guidelines Miss Many Young Women
NHS Mental Health Trust Announces Twenty-Five Million Pound Service Cuts
MI6 Rated Europe’s Most Capable Foreign Intelligence Service in International Review
UK Watchdog Finds Serious Failures in Electronic Offender Monitoring System
BP Chief Warns UK Must Protect Domestic Oil and Gas Capacity
Water Supply Crisis Threatens England’s Housing Expansion Plans
UK Government Rewrites Procurement Rules to Prioritise Jobs Over Environmental Targets
English Channel Rescue Operation Saves One Hundred Seventy-Three Migrants After Boat Capsizes
Gatwick Airport Wins Legal Approval for Second Runway Expansion
UK Government Tightens Early Prison Release Scheme After Public Backlash Over Offender Freedoms
×