Nitrogen deposition, habitat restoration and the EU Habitats Directive: moving beyond the deadlock with the Dutch programmatic nitrogen approach?

Abstract

Atmospheric N deposition is widely recognized as one of the major threats to biodiversity. In the EU, the implementation of the EU Habitats Directives (HD), which requires EU Member States to take measures to maintain or restore natural habitats to a favorable conservation status, has put the curbing of N deposition to the forefront of several national biodiversity strategies. In order to achieve compliance with the EU biodiversity targets, N deposition will have to be brought to non-detrimental levels in many protected Natura 2000 sites. Given the stringent application of the precautionary principle throughout the decision-making process, the issuance of permits for farm holdings and road construction works has grown ever more problematic in cases of continued exceedances of critical loads in Natura 2000 sites. This paper reviews the leeway that is left for EU Member States when aligning economic development with the recovery of Natura 2000 sites from accumulated N loads. The Dutch Programmatic Approach to Nitrogen (PAN), which relies on additional reduction measures and, indirectly, on-site restoration actions in order to facilitate further economic development, stands out as one of the most noteworthy flexible mechanisms. This paper addresses the premises upon which the integral approach is based. It analyzes to what extent a more liberal understanding of N mitigation is compatible with the protection duties for Natura 2000. The argument is put forward that the strong reliance on the positive effects of future restoration measures stands at odds with the precautionary principle underpinning the Habitats Directive.