Publication Details

Category Text Publication
Reference Category Journals
DOI 10.3897/natureconservation.48.77899
Licence creative commons licence
Title (Primary) Natura 2000-sites: Legal requirements for agricultural and forestry land-use
Author Möckel, S.
Source Titel Nature Conservation-Bulgaria
Year 2022
Department UPR
Volume 48
Page From 161
Page To 184
Language englisch
Topic T5 Future Landscapes
Keywords Agriculture; appropriate assessment; Birds Directive; forestry; Habitats Directive; Natura 2000
UFZ wide themes BonaRes
Abstract

The agricultural and forestry use of land does not only mark large parts of the European Union, but also a significant share of land within the European ecological network Natura 2000. Member States, therefore, try to exempt as far as possible these land uses from the protection regime of Natura 2000-sites. However, at the same time, Member States latest reports on habitats and wild species of Community importance indicate that, in particular, the intensification of agriculture and forestry in recent decades has made it more difficult to improve conservation statuses or even worsened them. Hence, the aim of this article is to examine in detail the extent to which the protection regime of Article 6(2 and 3) Habitats Directive is applicable to land-use in agriculture and forestry. In this context, of particular relevance is the question of when the use of land in agriculture and forestry or individual management measures within and near Natura 2000-sites are projects for which an appropriate assessment is necessary before implementation; and which, in the case that significant adverse effects to a site cannot be ruled out, are permitted only under the reasons for exemption given in Article 6(4) Habitats Directive. The analysis includes the case law of the European Court of Justice, as well as decisions of the German Federal Constitutional Court and the German Federal Administrative Court.

Persistent UFZ Identifier https://www.ufz.de/index.php?en=20939&ufzPublicationIdentifier=25747
Möckel, S. (2022):
Natura 2000-sites: Legal requirements for agricultural and forestry land-use
Nat. Conserv.-Bulgaria 48 , 161 - 184 10.3897/natureconservation.48.77899