The
project
has been set up to address deficiencies in the way the German
government has implemented the species protection requirements
of the Habitats Directive. Transposition of the Directive
into national legislation has mainly focused on the designation
of sites of Community importance for the Natura 2000 network.
This compromises the “first pillar” of the directive
i.e. the conservation of natural habitats and of the habitats
of particular species.
However, there
is also a “second pillar” to the Directive which
relates to the protection of species. In particular, Articles
12 and 16 are aimed at the establishment and implementation
of a strict protection regime for species within the whole
territory of Member States. In Germany these provisions are
implemented within §§ 42ff of the Federal Nature
Conservation Act.
Currently there
is an infringement procedure against Germany (Case C-98/03)
because national provisions for species protection are not
compatible with Article 12. 1 d of the Habitats Directive.
According to the national legislation, agricultural and forestry
related activities are exempt from the prohibitions of Art.
12 1 d.
The project therefore aims to develop a practicable and legally
compliant concept that ensures the strict protection of animal
species of Community interest provided by the habitats directive.
The possibilities provided for in Article 16 for exceptions
to Article 12 will be also be explored. To develop concepts
for the project, the examples provided by other member states
will be taken into consideration and new approaches will be
developed. Final ideas will be tested using two species as
examples to prove their practical applicability.
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