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Title (Primary) Renewable energy projects and species law – a legal comparative research. Member state report: Germany
Title (Secondary) Renewable energy projects and species protection : a comparison into the application of the EU species protection regulation with respect to renewable energy projects in the Netherlands, United Kingdom, Belgium, Denmark and Germany
Author Köck, W.; Bovet, J.; Auer, J.-M.; Holst, E.C.;
Publisher Backes, C.W.; Akerboom, S.;
Year 2018
Department UPR;
Language englisch;
POF III (all) T16;
Abstract The German Renewable Energy Sources Act (EEG) has provided strong incentives for investment in renewable energy projects. The Federal Building Code (Baugesetzbuch, BauGB) has supported these incentives insofar as the construction of onshore wind and water energy projects has essentially been permitted everywhere in the country since 1997, so long as these are not contrary to public interest (§ 35 I no. 5 BauGB) or a specific concentration zone has been allocated through spatial planning (§ 35 III 3 BauGB).
However, renewable energy projects must comply with environmental requirements, in particular also the requirements of European legislation on nature conservation (habitat conservation and species conservation in line with the Habitats Directive (HD) and the Birds Directive (BD)), which are layed down in the Federal Nature Conservation Act (Bundesnaturschutzgesetz, BNatSchG).
The following investigation provides an overview on how European legislation on species conservation is applied in the approval procedures for renewable energy projects and is based on the questionnaire. It is structured in accordance with the sources that are referred to and focuses on onshore wind energy (II.), offshore wind energy (III.), solar panel fields (IV.) and power transmission lines (V.) The practical relevance of the different sources of renewable energy and the approval procedure is first briefly entered into and information is provided on the main features of the procedure, before legislation on species conservation is entered into in greater detail. The legal situation is analysed under reference to case law on renewable energy projects, insofar as is available. An integrated answer is therefore given to question 11 in the questionnaire and it is not answered explicitly. Comprehensive answers to the questions in the questionnaire are given in the reference field on onshore wind energy. These answers also apply to the remaining renewable energies and transmission lines, so long as no specific features have been highlighted.
ID 20473
Persistent UFZ Identifier http://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=20473
Köck, W., Bovet, J., Auer, J.-M., Holst, E.C. (2018):
Renewable energy projects and species law – a legal comparative research. Member state report: Germany
In: Backes, C.W., Akerboom, S. (eds.)
Renewable energy projects and species protection : a comparison into the application of the EU species protection regulation with respect to renewable energy projects in the Netherlands, United Kingdom, Belgium, Denmark and Germany
Utrecht Centre for Water, Oceans and Sustainability Law, Utrecht, p. 240 - 262