The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive

The European Union and its Member States have been creating a network of protected areas for habitats and species since 1979. In 2017, this included over 27,500 Natura 2000 sites, a combined area of over 18 percent of the land surface in the EU and around 395,000 km2 of marine territory. According t...

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Main Author: Stefan Möckel
Format: Article
Language:English
Published: Pensoft Publishers 2017-12-01
Series:Nature Conservation
Online Access:https://natureconservation.pensoft.net/articles.php?id=13599
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author Stefan Möckel
author_facet Stefan Möckel
author_sort Stefan Möckel
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description The European Union and its Member States have been creating a network of protected areas for habitats and species since 1979. In 2017, this included over 27,500 Natura 2000 sites, a combined area of over 18 percent of the land surface in the EU and around 395,000 km2 of marine territory. According to Article 6(3) of the Habitats Directive 92/43/EEC1 (HD), any projects and plans within these sites or in their vicinity require an appropriate assessment to ensure that they will not have a significant impact on the integrity of Natura 2000 site. The project or plan is to be rejected by the national authorities if this cannot be excluded without remaining reasonable scientific doubts. This article explores the procedural steps and the requirements that must be examined, which are now covered by comprehensive European Court of Justice (ECJ)2 case law. Numerous questions that are relevant in practice, however, have only been considered by national courts to date. These will be introduced in this article based on the decisions of the German Federal Administrative Court (BVerwG)3 and will be the focus of a critical discussion. Questions on the range covered by the term project and on determining significant impacts will be entered into in greater detail in two further articles, given the scope of the aspects to be examined and explored.
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spelling doaj.art-7c8d7adc53dc4c06b76481eb8e43f3032022-12-21T20:56:18ZengPensoft PublishersNature Conservation1314-69471314-33012017-12-012312910.3897/natureconservation.23.1359913599The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats DirectiveStefan Möckel0Helmholtz Centre for Environmental ResearchThe European Union and its Member States have been creating a network of protected areas for habitats and species since 1979. In 2017, this included over 27,500 Natura 2000 sites, a combined area of over 18 percent of the land surface in the EU and around 395,000 km2 of marine territory. According to Article 6(3) of the Habitats Directive 92/43/EEC1 (HD), any projects and plans within these sites or in their vicinity require an appropriate assessment to ensure that they will not have a significant impact on the integrity of Natura 2000 site. The project or plan is to be rejected by the national authorities if this cannot be excluded without remaining reasonable scientific doubts. This article explores the procedural steps and the requirements that must be examined, which are now covered by comprehensive European Court of Justice (ECJ)2 case law. Numerous questions that are relevant in practice, however, have only been considered by national courts to date. These will be introduced in this article based on the decisions of the German Federal Administrative Court (BVerwG)3 and will be the focus of a critical discussion. Questions on the range covered by the term project and on determining significant impacts will be entered into in greater detail in two further articles, given the scope of the aspects to be examined and explored.https://natureconservation.pensoft.net/articles.php?id=13599
spellingShingle Stefan Möckel
The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
Nature Conservation
title The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
title_full The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
title_fullStr The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
title_full_unstemmed The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
title_short The European ecological network “Natura 2000” and the appropriate assessment for projects and plans under Article 6(3) of the Habitats Directive
title_sort european ecological network natura 2000 and the appropriate assessment for projects and plans under article 6 3 of the habitats directive
url https://natureconservation.pensoft.net/articles.php?id=13599
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