Eu nature legislation

• Pages: 19-24

19

2. EU NATURE LEGISLATION

2.1 Introduction

Some energy transmission infrastructure plans and projects may potentially affect one or

more Natura 2000 sites included in the EU Natura 2000 network or may impact on certain

rare and threatened species protected under EU legislation. The Habitats and Birds

Directives lay down the provisions that need to be respected in such cases. An overview of

these provisions is provided in this chapter. Subsequent chapters present specific elements

of the permitting procedure under Article 6 of the Habitats Directive in particular as it relates

to energy transmission plans or projects.

2.2 The Birds and Habitats Directives

Halting the loss of EU’s biodiversity is recognised as an important element of the Europe

2020 Strategy, calling for a smart, inclusive and sustainable growth policy that takes account

of the important socio-economic benefits that nature provides society.

In March 2010, the EU Heads of State and Government set themselves the ambitious target

of halting, and reversing, the loss of biodiversity in Europe by 2020. In May 2011, the

European Commission adopted a new EU Biodiversity Strategy 2020 (COM(2011) 244)

12

which sets out a policy framework for achieving this.

The Birds13 and Habitats14 Directives are the cornerstones of the EU’s biodiversity policy.

They enable all EU Member States to work together, within a common legislative framework,

to conserve Europe’s most endangered and valuable species and habitats across their entire

natural range within the EU, irrespective of political or administrative boundaries.

The two directives do not cover every species of plant and animal in Europe (i.e. not all of

Europe’s biodiversity). Instead, they f ocus on a sub-set of around 2000 species which are in

need of protection to prevent their decline or degradation. These are often referred to as

species of Community interest or EU protected species. Some 230 rare or endangered

habitat types are also protected in their own right under the Habitats Directive.

The overall objective of the two directives is to ensure that the species and habitat types they

protect are maintained and restored to a favourable conservation status15 throughout their

natural range within the EU. This target is defined in positive terms, oriented towards a

favourable situation, which needs to be reached and maintained. It is therefore more than

just avoiding deterioration.

12 http://ec.europa.eu/environment/nature/biodiversity/strategy/index_en.htm

13 Directive 2009/147/EC Council (codified version of Council Directive 79/409/EEC on the conservation of wild birds, as

amended) に see http://ec.europa.eu/environment/nature/legislation/index_en.htm

14 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora,

consolidated version 01.01.2007 - http://ec.europa.eu/environment/nature/legislation/index_en.htm

15 The concept of "favourable conservation status" is not mentioned in the Birds D irective but there are analogous

requirements in Art 4.1 and 4.2 of the Birds directive for Special Protection Areas (SPA).