FFH impact assessment
The FFH impact assessment ( FFH-VP for short ) is the examination of the effects of plans and projects on Natura 2000 areas, the network of protected areas in the European Union . The legal basis for the legally binding test is the Fauna-Flora-Habitat Directive (92/43 / EEC) from 1992. The German Federal Nature Conservation Act regulates the impact test in Section 34.
In contrast to the environmental impact assessment , the aim and the subject of the investigation are limited to the subject of protection, biological diversity. In addition, in contrast to the German special species protection assessment, it only applies if Natura 2000 areas are affected.
General regulations
If plans or projects could significantly impair the conservation objectives of Natura 2000 areas, an examination of the compatibility of the project or plan with these conservation objectives is necessary. If the significant impairments are found, the competent authority may not issue a permit. If there are compelling reasons of public interest and no alternatives, compensatory measures must ensure that the functioning of the Natura 2000 network is not jeopardized. The European Commission must be informed about this. If priority protected species or habitats are affected, plans or projects are only permitted if they are necessary for human health or public safety or if they have beneficial effects on the environment. Other reasons can also be asserted with the involvement of the European Commission.
All Natura 2000 areas are covered by the scheme. The bird sanctuaries are to be considered in the same way as the fauna-flora-habitat areas. It does not matter whether the areas are already recognized as “Special Conservation Areas” and are fully protected or still have the status of “Proposed Areas of Community Importance”. Whether areas with species or habitat types of the directive are also subject to the obligation to examine, even if they have not been reported to the European Commission contrary to the provisions of the directive, is the subject of ongoing court proceedings that have become known nationwide.
Regulations in the States
As a guideline, the provisions of these must be implemented by national law. The regulations in the individual countries may differ.
Germany
The area of application of the FFH impact assessment primarily includes the plans of spatial planning and land-use planning , as well as specialist planning for water management or air pollution control. Projects are mostly traps under the impact assessment if they also have the obligation to carry out an environmental impact assessment or a preliminary assessment of this or if they represent interventions in the landscape according to §14 of the Federal Nature Conservation Act. However, there is no list of precise binding criteria.
The developer who publishes the documents and attaches them to the documents for the approving authority for the main plan or project process is responsible for implementation.
Before the actual test, the possible significant effects are examined in a preliminary test. If they can be excluded here, no further investigation is necessary and the project or plan is permissible.
During the actual investigation, the possible effects on the conservation objectives of the area are examined using existing data on the environment in the affected area, the planning for the project or plan and new surveys at the site. Data from other studies can be reused, for example for the special species protection examination, or the data from the FFH impact assessment can be incorporated into an environmental impact assessment.
If the investigation shows that there is no significant impact on the conservation objectives of the Natura 2000 site, the project or plan is acceptable.
If a significant impact on the conservation objectives can be assumed, an exception can be requested. It must be demonstrated that there are no reasonable alternatives and that there is an overriding public interest in implementation. In particular, human health, public safety and generally positive effects on the environment are crucial. For other reasons, an opinion from the European Commission must be obtained. If priority protected species are affected, a project can only be permitted if there are compelling reasons of public interest. If the exception criteria are not met, a project or plan is not permitted and may not be approved. If there is an exemption, measures only have to be taken to ensure the general condition of the Natura 2000 network.
Due to the immediate legal consequences, the FFH impact assessment is one of the more stringent environmental assessment instruments, since the environmental impact assessment, for example, only has to be taken into account without having any direct impact on the admissibility.
literature
- Köppel / Peters / Wende: Intervention regulation environmental impact assessment FFH impact assessment . Verlag Eugen Ulmer, Stuttgart 2004, ISBN 3-8252-2512-7 , pp. 289-360
Web links
- Council Directive 92/43 / EEC of May 21, 1992 on the conservation of natural habitats and of wild fauna and flora - Consolidated version
- Federal Nature Conservation Act in the current version