Publication Details

Reference Category Journals
DOI / URL link
Title (Primary) The assessment of significant effects on the integrity of “Natura 2000” sites under Article 6(2) and 6(3) of the Habitats Directive
Author Möckel, S.;
Journal Nature Conservation-Bulgaria
Year 2017
Department UPR;
Issue 23
Language englisch;
POF III (all) T12;
Keywords European Union (EU); Natura 2000; significant effects; appropriate assessment; impact assessment; prohibition of deterioration; Article 6(2) Habitats Directive; Article 6(3) Habitats Directive; cumulative impacts; thresholds; bagatelles; case law; ECJ; Germany; BVerwG
UFZ wide themes RU6;
Abstract This article investigates the question of how the significance of potential adverse effects on Natura 2000
sites – comprising sites of Community importance (SCI) and special protection areas (SPA) – can be
determined legally and methodologically within the scope of appropriate assessments for projects and
plans in accordance with Article 6(3) of the Habitats Directive 92/43/EEC1 (HD) and whether the results
can be transferred to the prohibition of disturbance and deterioration stipulated in Article 6(2) HD. The
assessment of significance is important as, according to the European Court of Justice (ECJ)2 and the
German Federal Administrative Court (BVerwG)3, a project or plan is only permissible if, in the light of
the best scientific knowledge in the field and without reasonable scientific doubt, the plan or project will
not have lasting significant adverse effects on the integrity of that site. In this process, all aspects of the
plan or project have to be identified which may, either independently or in combination with other plans or projects, affect the conservation objectives of the site concerned. This also includes a specialist forecast.
Furthermore, closer specification is required of the threshold above which a non-significant adverse effect
turns into a significant adverse effect and whether thresholds for bagatelles can be attributed to the
proposed development.
ID 19432
Persistent UFZ Identifier http://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=19432
Möckel, S. (2017):
The assessment of significant effects on the integrity of “Natura 2000” sites under Article 6(2) and 6(3) of the Habitats Directive
Nat. Conserv.-Bulgaria (23), 57 - 85