European Forest Governance: Status Quo and Optimising Options with Regard to the Paris Climate Target

This article assesses and develops policy instruments for forest governance in the EU. Methodologically, it examines opportunities and limits for negative emissions by means of a literature review. On this basis, it conducts a qualitative governance analysis of the most important instruments of EU forest policy and presents optimizing policy options, measured against the binding climate and biodiversity targets under international law. Our analysis shows that the potential benefits of afforestation and reforestation for climate mitigation are overestimated, and are often presented as the new saviours to assist in reaching climate neutrality, inter alia, since only biodiverse and thus resilient forests can function as a carbon sink in the long term. Furthermore, we demonstrate that the existing EU law fails to comply with climate and biodiversity targets. Quantity governance systems for livestock farming, fossil fuels and similar drivers of deforestation represent a more promising approach to forest governance than the dominant regulatory and subsidy-based governance. They are most effective when not directly addressing forests due to their heterogeneity but central damaging factors such as fossil fuels and livestock farming. Selected aspects of regulatory and subsidy law can supplement these quantity governance systems when focusing on certain easily attainable and thus controllable subjects. These include, e.g., the regulatory protection of old-growth forests with almost no exceptions and a complete conversion of all agricultural and forest subsidies to “public money for public services” to promote nature conservation and afforestation.