Basics of EU Environmental Law logo F:\vojtech\Pictures\Obrázky\logo katedry\logoENG.gif 22 November 2023 JUDr. Vojtěch Vomáčka, Ph.D., LL.M. NATURE PROTECTION EU Law on Nature Protection • • The Habitats Directive (92/43/EEC) • • The Habitats Directive (92/43/EEC) • • The Birds Directive (2009/147/EC) • • The Birds Directive (2009/147/EC) • • EU Law on Nature Protection • • Example: Protection of bats (a) International law: EUROBATS 51 species 38 parties States prohibit the deliberate capture, keeping or killing of bats except for research purposes for which a special permit is required. Furthermore, the Parties identify important sites for bat conservation, survey the status and trends of bat populations and study their migratory patterns. None Example: Protection of bats EU law The Habitats Directive Bats are a European Protected Species, included in Annex 4 of the Habitats Directive - referred to as “Microchiroptera”. Article 12 sets out legal protection for bats and their roosts. Under Annex 2 it also sets out which bat species should have Special Areas of Conservation designated for them- Greater horseshoe, Lesser horseshoe, Barbastelle and Bechstein’s. • • Czech Law on Nature Protection - Act No. 114/1992, on Protection of Nature and Landscape • • There are 26 Protected Landscape Areas (IUCN Category V) and 4 National Parks (Category II) in the Czech Republic, and hundreds of small scale protected areas of different categories. Czech Law on Nature Protection - Act No. 114/1992, on Protection of Nature and Landscape • • The traditional system is combined with Natura 2000 EU network. Czech Law on Nature Protection • • Protection of landscape character is defined as general protection and, as such, it is valid on the whole territory of the Czech Republic. •More attention is paid to it in Protected Landscape Areas in order to protect the harmonious character of the cultural landscape and to regulate various investment projects. •The authority is competent to grant approval of constructions (or too not approve) and does so in the case of other activities that could harm or change landscape character. Territorial system of ecological stability The Territorial System of Ecological Stability (TSES) is a mutually interconnected complex of both natural and near-natural, altered ecosystems that maintain natural balance. •Its main purpose is to reinforce ecological stability of the landscape by conservation or restoration of ecosystems and their mutual interconnection. •In other words, TSES forms green infrastructure in the landscape. It is formed by biocentres and biocorridors. TSES plans are developed for the entire territory of the country. •They serve as documentation for TSES projects, land consolidations and land replotting, processing of territorial planning documentation, forest management plans, water management documents, and other documents regarding protection and restoration of the landscape. Practical task 1.Does your country set a network of (traditional) protected sites? 2.What is the hierarchy of the protective system? 3.Which protective measures are used? Protection of Species (CZE) • • Example: The Golden Beetle • • EU ENVIRONMENTAL LAW Environmental Impact Assessment (EIA Directive, SEA Directive) •(assessment of projects and plans) EIA Directive, Annex I: 15. Dams and other installations designed for the holding back or permanent storage of water, where a new or additional amount of water held back or stored exceeds 10 million cubic metres Annex II: 10. (f) Inland-waterway construction not included in Annex I, canalisation and flood-relief works; (g) Dams and other installations designed to hold water or store it on a long-term basis (projects not included in Annex I); Protection of the site in the NATURA 2000 network (the Habitats Directive) •(protection of the site, assessment of the plans and projects, monitoring) Protection of the species (the Habitats Directive, the Birds Directive) •(protection against interference, ilegal capture or killing) • THE CASE STUDY •Requirements of the Habitats Directive – easy interpretation •Requirements of the Habitats Directive – difficult interpretation (CJEU case law) •A gray zone – legal questions upon consideration of the official authorities and ultimately of the national judges. • How many NATURA 2000 networks? http://natura2000.eea.europa.eu/ How many NATURA 2000 networks? http://natura2000.eea.europa.eu/ Dusky large blue (Phengaris nausithous) The life cycle of this species is strongly related to the herbaceous plant Sanguisorba officinalis (great burnet). Egg like that of euphemus laid on Sanguisorba. The young larva pale, later on purple-brown and finally probably yellowish-brown, at first at the flowers, later on at the leaves of Sanguisorba. File:Glaucopsyche nausithous Schwaebisch Hall-Wackershofen 20080723 4.jpg Dusky large blue (Phengaris nausithous) The life cycle of this species is strongly related to the herbaceous plant Sanguisorba officinalis (great burnet). Egg like that of euphemus laid on Sanguisorba. The young larva pale, later on purple-brown and finally probably yellowish-brown, at first at the flowers, later on at the leaves of Sanguisorba. Sanguisorba officinalis - krvavec toten https://upload.wikimedia.org/wikipedia/commons/thumb/c/cb/One-belt-one-road.svg/1024px-One-belt-one -road.svg.png Belt and Road Initiative The immense project will have environmental effects, generating a substantial carbon footprint, and construction will directly affect environmentally sensitive areas. The BRI will use more concrete  (a major source of greenhouse gas emissions ) than all pre-existing infrastructure projects on the planet. Number of recorded transactions THE CASE STUDY •Definition of plans and projects •Temporary scope of the Habitats Directive •Requirements of the Art. 6(3) of the Habitats Directive •Existence of alternative solutions •Imperative reasons of overriding public interest • SOLUTION http://ec.europa.eu/eurostat/statistics-explained/images/2/2e/Gross_domestic_product_%28GDP%29_per_ inhabitant_in_purchasing_power_standards_%28PPS%29_in_relation_to_the_EU-28_average%2C_by_NUTS_2_re gions%2C_2015_%28%25_of_the_EU-28_average%2C_EU-28_%3D_100%29_MAP_RYB17.png Thank you for your attention!