Abstract
The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
Highlights
Over 35 years ago, the European Economic Community became a community with common environmental standards, years before European environmental legislative powers were incorporated into the treaties
As part of the Convention on Biodiversity (CBD) that was signed in 1992, the European Community extended protection to endangered plants and non-bird species through the Habitats Directive and created the European ecological network “Natura 2000”, which includes over 27,000 sites, consisting of the sites of Community importance (SCI) under Article 4 Habitats Directive 92/43/EEC1 (HD) and of the special protection areas (SPA) provided by Article 4 Birds Directive (BD)
This is the case, in particular, if a proposed development can only be realised or continue to exist based on the reasons for derogation stated in Article 6(4) HD,42 as a full appropriate assessment is a compulsory condition for a derogation decision pursuant to settled European Court of Justice (ECJ) case law
Summary
Over 35 years ago, the European Economic Community became a community with common environmental standards, years before European environmental legislative powers were incorporated into the treaties. There are still significant deficiencies in the statutory implementation and the practical protection and management of the Natura 2000 sites in the individual Member States.10 In this process, the Natura 2000 appropriate assessment for impacting projects or plans under Article 6(3) HD is the central statutory instrument for the protection of the sites, in addition to the general prohibition of deterioration in Article 6(2) HD. In accordance with the European principle of proportionality referred in Article 5(4) of the Treaty on European Union (TEU), the Habitats Directive does not wish to ban all human activity in Natura 2000 sites This is why, on the one hand, only significant adverse impacts on the integrity of a Natura 2000 site are relevant and, on the other, according to Article 6(4) HD, a derogating authorisation is possible in favour of public interests. 10.4.2013 – 4 C 3.12, margin number 11). 25 Sundseth/Roth 2013, p. 52 et seq., 87, 92. 26 elaborately in Möckel Nature Conservation 2017b
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