BRUSSELS/BRATISLAVA — It took her a year, but European Commission President Ursula von der Leyen is finally defending her own law to protect nature — just as the coalition behind it is fracturing. 

In a letter sent to European Parliament members and obtained by POLITICO, the top EU executive expresses fulsome support for her Nature Restoration Law, calling it "the flagship proposal” of the Green Deal’s “biodiversity pillar” and “key to delivering on the EU's global biodiversity commitments.”

The memo, dated April 16, is notable given von der Leyen’s months of silence about the measure as it came under attack from conservatives — including those in her own center-right political family, the European People's Party — who said it represented bureaucratic overreach. As attempt after attempt was made to kill the bill, von der Leyen remained quiet, choosing to remain above the political fray. Her new letter comes nearly a full year after MEPs pleaded with the EU boss in a memo to defend the measure.

Still, EU countries and the Parliament eventually reached a handshake deal last November on the legislation, which would force the EU to rehab 20 percent of its land and seas by 2030. Parliament gave its assent to the deal but EU countries have since balked. Von der Leyen claimed in her letter that the European Commission, the EU executive she oversees, is nonetheless working with other EU institutions “to achieve formal adoption of the Regulation in the coming months.”

That's looking increasingly unlikely, though, as more countries are starting to express a desire to revise the law before adopting it.

On Thursday, Slovakia, which had previously appeared to be in von der Leyen’s “yes” column on the bill, switched sides. In an interview with POLITICO, Slovakian Environment Minister Tomáš Taraba said he could not support the law for fear it would create more liability for governments.

“If we are opening a Pandora's case for suing the states and the rest of the world will not be sued by their inhabitants, by their NGOs and the others, then we have to prepare that perhaps really the industry and everything will be destroyed in this Continent,” said Taraba, who represents the far-right Slovak National Party. 

“And if this would not be cleared,” he added, “then I'm ready or I'm much more eager to vote against it.”

Taraba's concerns echo a point Dutch politicians raised during negotiations: The new rules could clash with infrastructure and housing developments. But officials tweaked the legislation to quell the Dutch anxiety.

Taraba also backed Hungary’s argument that the law gives Brussels too much power to dictate how EU countries use their land.  

“According to Hungary — and I'm fully in accordance with the attitude — we should not incorporate the idea that environment can be protected only when Brussels decides about it,” he said. “It should reflect the mood and the involvement of the local people.”

The rising opposition caused the Council of the EU, representing EU capitals, to hold off on a final vote on the bill, realizing it no longer had enough support. Countries including Belgium and Finland are even going public now with calls to revise the bill after the EU election, which is expected to swing the European Parliament to the right.


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The bill’s defenders aren't giving up. They argue that altering the text now — after Parliament and EU countries already reached a deal in principle — would shatter valuable EU norms.

"We have created a precedent that is a little bit dangerous," said Ionuț-Sorin Banciu, Romania's secretary of state for environment and forests, whose country is backing the bill. He warned against playing "political games" with policies ahead of elections.

Ironically, even though Belgian Prime Minister Alexander De Croo wants the law changed, his government is still scrambling to win over enough support as it holds the Council’s rotating presidency. 

Brussels’ Environment Minister Alain Maron — who called the situation "really very problematic” — is trying to get countries to come around before Belgium's presidency ends at the end of June.

In general, Taraba said he did not oppose protecting natural areas, pointing to Slovakia’s high percentage of conservation zones. It’s just the way the EU has gone about it that bothers him.

“This is not an issue that we are against,” he said.