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The Habitat Directive

The Habitat Directive. NATURA 2000 established by the Habitat Directive, the Birds Directive and the Biodiversity Strategy

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The Habitat Directive

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  1. The Habitat Directive NATURA 2000 established by the Habitat Directive, the Birds Directive and the Biodiversity Strategy The Habitat Directives is based on the precautionary principle, i.e. that projects can only be permitted to proceed, having ascertained that there will be no adverse effect on the integrity of the site. The European Court of Justice is using the principle as a legal principle Projects may still be permitted, but only if it is shown that • there are no alternatives, and • that there are imperative reasons of overriding public interest • compensation measures must be taken to ensure the overall integrity of the NATURA 2000 network

  2. ICZM Integrated coastal zone management The problems of the Coastal Zone The strategic importance of the zone • Harbors, important trading centre etc • Tourists, natural resources etc The competences at EU-level versus national level • Jurisdiction, subsidiarity, “good territorial management” etc.

  3. The Air Quality Directive (A new framework directive 2008/50/EC will come into force in 2010) • It describes the basic principles as to how air quality should be assessed and managed in the Member States. It lists the pollutants for which air quality standards and objectives will be developed and specified in legislation. • The general aim is to define the basic principles of a common strategy to: • define and establish objectives for ambient air quality in the EU designed to avoid, prevent or reduce harmful effects on human health and the environment as a whole, • assess the ambient air quality in Member States on the basis of common methods and criteria, • obtain adequate information on ambient air quality and ensure that it is made available to the public, inter alia by means of alert thresholds, • maintain ambient air quality where it is good and improve it in other cases.

  4. Water framework directive • Water is not a commercial product like any other, but rather, a heritage which must be protected, defended and treated as such • Water in EU are under increasing pressure from the continuous growth in demand for sufficient quantities of good quality water for all purposes • It is necessary to have an integrated EU policy on water • Referring in the preamble to the environmental principles stated in the TFEU Article 191 (2).

  5. The combined approach The approach to be used is based on the precautionary principle and the principle that damage should as a priority be ratified at the source, as well as the principle that environmental conditions in the various regions shall be taken into account The main objectives are to ensure a sustainable water policy and law by protection of the water resources: • Sufficient provision of drinking water • Sufficient provisions of water to other requirements • Protection of the environment • Aviation of the the adverse impacts of flooding and droughts

  6. Procedures - EIA-obligations The directive is from 1985 (before the Single Market came into force in 1987); It has been amended Obligations on assessment of the environmental effects of private and public “projects” which are likely to have significant effects on the environments Obligation on public participation The EIA-directive does not apply in all details to decisions made by legal acts

  7. “Identifying, describing and assessing” Article 3 of the EIA-Directive: In the light of each individual case the EIA has to cover the direct and individual effects of the project on the following factors: • Human beings, fauna and flora • Soil, water, air, climate and the landscape • Material assets and the cultural heritage • The interaction between the factors mentioned in the first, second and third indents Article 5 + Annex III and Annex IV specifies the necessary information

  8. Annex I and Annex II Some projects will always be subject to an EIA, see the projects listed in Annex I Other projects - the projects listed in Annex II - will only be subject to EIA if their characteristics so require A case-by-case examination Thresholds or criteria set by the Member States

  9. SEA-Directive The purpose is to ensure that environmental consequences of certain plans and programs are identified and assessed during their preparation and before their adoption. The public and environmental authorities can give their opinion and all results are integrated and taken into account in the course of the planning procedure. After the adoption of the plan or program the public is informed about the decision and the way in which it was made. In the case of likely transboundary significant effects the affected Member State and its public are informed and have the possibility to make comments which are also integrated into the national decision making process.

  10. The IPPC Directive Industrial production processes account for • energy and water use, • air pollution, e.g. acidifying substances • wastewater and • waste Rules for permitting and controlling based on a combination of • Combined approach • BAT • Environmental quality norms (also in other directives) • Energy efficiency obligations • Reduction of waste problem

  11. Conditions as part of licenses • The operators of installations take preventive measures against pollution, • in particular through the application of the BAT • no significant pollution (air, water, land, noise, odour etc.) is caused • waste that cannot be avoided is recovered or disposed of safely • energy is used efficiently • accidents are prevented and their consequences are limited • the site is returned to a satisfactory state when the installation closes.

  12. Measures based on this Directive Shall take into account an integrated approach to the protection of air, water and soil not contravene EU legislation on the protection of safety and health of workers at work have no significant negative effects on the environment in the other Member States. Member States shall draw up action plans indicating the measures to be taken in the short term where there is a risk of the limit values and/or alert thresholds being exceeded, in order to reduce that risk and to limit the duration of such an occurrence. Such plans may, depending on the individual case, provide for measures to control and, where necessary, suspend activities, including motor-vehicle traffic, which contribute to the limit values being exceeded.

  13. Danish Land Use Regulation A very comprehensive system involving several acts (see page 40-46) The Planning Act (see page 42-46) is the most important act. It includes rules on the plan-decision-making-process - including rules on EIA - and on the content of plans, zoning and parceling out Comprehensive planning at national, municipal and local levels Environmental quality standards and nature protection (e.g. Protection of NATURA 2000 areas) are included in the plans The Nature Protection Act, the Costal Protection Act and several water protecting acts are also relevant

  14. Protection of habitats

  15. Mandatory planning

  16. Not contradicting planning (hierarchy)

  17. Retail trade planning

  18. Right of veto

  19. Changes in rural areas Without permission from the rural zone authority, parceling out, new construction and a change in the use of existing buildings and undeveloped areas shall not be allowed Parceling out is subject to the EIA-obligations A permission may first be granted, when • the necessary guidelines in municipal planning have been adopted in final form and • the required local plan has been promulgated

  20. Zoning in Denmark The entire country is divided into urban areas, summer cottage and rural areas There are strict restrictions in the Planning Act of the use of the land in the rural zones and in the summer cottage areas The urban zones are areas: Designated as such by the first Zoning Act in 1969 or Transferred to an urban zone by spatial planning - in detail framed by a local plan

  21. In coastal areas

  22. Summer cottage areas Property in a summer cottage area shall not be used for any other purposes Except for short-term holiday use etc. A dwelling in a summer cottage areas may not be used for overnight purposes from 1 October to 31 March Unless this has been otherwise established in a local plan

  23. Danish Environmental Protection Act This Act is from 1974/1992 - it has been amended several times. Several EU directives, including the IPPC Directive, the Air Quality Directive and the Water Quality are implemented by this act. The Minister has the power to lay down binding rules on air and water etc. quality Chapter 5 is introduces a license system - the most polluting plants have to follow the IPPC Directives requirements The municipal and local planning are binding - no license can be given unless it is in harmony with the plans

  24. Administrative law and old principles Civil law traditions - in France, Germany, Denmark etc. Legal unwritten principle of specialization (separation of competencies/responsibilities), principle of legality etc. Legal effect of permits, ownership etc.: protection of the expectations of the individual owner, permit holder etc. Environmental principles are not accepted by the Danish courts as legal principles

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