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Biodiversity Screening in accordance with Directives 2009/147/EC and 92/43/EEC
Biodiversity Screening in accordance with Directives 2009/147/EC and 92/43/EEC

This article clarifies what the EU means when it requires performing a biodiversity screening for your operating sites.

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Written by Rutger
Updated over 2 years ago

Framework

Directives 92/43/EEC on the preservation of Habitats and wild fauna and flora, and 2009/147/EC on the preservation of Wild Birds, were created to be used jointly to ensure the preservation of biodiversity and ecosystems.

The framework identifies and segregates two main types of actions required to be taken: i) measures for the Conservation of natural habitats and habitats of species, and ii) those for the Protection of Species.

Natura 2000 network sites

The first type of measures, namely Conservation of natural habitats and habitats of species, is relevant within the meaning of the EU Taxonomy Regulation.

The Regulation requires identifying and adopting measures to conserve 'Natura 2000 network sites'.

Natura 2000 network sites provides a network of protected natural areas within the EU, and consist of the sites defined in the Directives. Those are referred to as Sites of Community Importance (SCIs) and Special Areas of Conservation (SACs) under the Habitats Directive, and Special Protection Areas under the Birds Directive.

The relevant procedure required by the EU Taxonomy relates to that defined in Article 6(3) of Directive 92/43/EEC, the latter defining a step-wise process for the consideration of plans and projects.

1) Screening

The procedure begins by requiring to perform a screening to determine whether the plan or project is connected to the management site, and whether it is likely to have a significant effect on the site. Such requirement consists of deliberating on two sub-themes: i) the nature of the negative effects and their significance, and ii) the likelihood of occurrence of those effects.

  1. Significant negative effect

    Important to keep in mind:

    • see section 3.5.1.

    • The notion of 'significance' must be interpreted objectively and should be determined in relation to the specific features and environmental conditions of the site, taking into account the site's objectives and ecological characteristics;

      • The conservation objectives of the site and prior baseline information about it;

      • Specific features: magnitude of impact, type, extent, duration, intensity, timing, probability, cumulative effects and the vulnerability of the habitats and species.

  2. Likelihood of occurrence

    Likelihood of occurrence of the negative impact

    Important to keep in mind:

    • Can arise whether project or plan is located within a protected site but also outside of a protected site, as long as it negatively affects the site in question (includes cross-border and transboundary plans and projects).

  3. Individually or in combination

    The project/plan can, by itself or when considered in combination of other projects/plans, have such significant impacts - potential cumulative impacts

    Important to keep in mind:

    • Can consider plan/project which is completed, approved but uncompleted, or proposed;

    • Assessment should consider cumulative effects not just between projects or between plans but between projects AND plans;

    • Potential cumulative impacts should be assessed using a sound baseline data and not rely on qualitative data.

2) Determining conservation objectives

Once the screening determines and assesses the impacts of the project on the site in question, the company must determine appropriate mitigation and compensatory measures.

As a precursor to setting such measures in place, you must first identify the objectives of the measures.

For the purposes of the framework as set up by the two Directives, conservation is defined as a series of measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status.

Conservation objectives must be further broken down into site-level conservation objectives.

  1. Setting site-level conservation objectives: set of specified objectives to be met in a site to make sure the site contributes in the best way possible to achieving the overall conservation objectives;

    Should be set for SACs, SPAs, and all species and habitat types of Community interest under the Habitats Directive and for bird species in Annex I of the Birds Directive.

    Important to keep in mind:

    • Must be based on ecological requirements of these natural habitat types and species - these involve all the ecological needs, including abiotic and biotic factors deemed necessary to ensure the conservation of the habitat species and types, including their relations with the physical environment (in Annexes I and II)

      • The requirements can vary from species to species but also for the same species from one site to another, or during the lifecycle of the species

    • Define their desired condition of the site, the importance of the site for the restoration of the habitat types and species in question,

    • Must reflect threats of degradation or destruction to which the habitats and species are exposed

    • Define the desired conservation condition - sometimes as a set of targets to achieve over certain period of time.

Once the objectives are established, the EU leaves some flexibility in determining the appropriate conservation measures for Member States.

The latter are responsible for identifying these measures in accordance with the objectives, but also taking into account the ecological requirements of the natural habitat types (in Annex I) and the species (in Annex II) present on the site.

3) Determining conservation measures

The EU has identified a general set of measures for the Member States to choose from:

Management plans

  • Addressing all existing activities, including regular ongoing activities under Article 6(2), while new projects' management plans are made in accordance with Article 6(3) or (4);

  • Used as tool to guide managers in dealing with conservation sites and involve different affected stakeholders in implementing the necessary measures as identified by the plan;

  • Must be 'appropriate' and 'specifically designed for the site';

  • Can be stand-alone or integrated into other development plans in line with principle of integration of the environment.

Statutory, administrative and contractual measures

  • Statutory measures follow pattern laid down in law and can set specific requirements in relation to activities that can be allowed, restricted or forbidden in site;

  • Administrative measures can set relevant provisions in relation to the implementation of conservation measures or the authorisation of other activities in the site;

  • Contractual measures involve the establishing contracts or agreement usually among managing authorities and land-owners or users on the site.

The choice between the three is left entirely to the Member States, and the decision must be made in line with the principle of subsidiarity. One of the three options is required to be selected however.

If you want to know what exact measures you need to incorporate to comply with the framework as set by the two Directives, please let us know that you require assistance with conducting a screening and/or determining the necessary measures, as well as the affected area.

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