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EU Biodiversity Law: Wild Birds and Habitats Directives 2nd ed

EU Biodiversity Law: Wild Birds and Habitats Directives 2nd ed

Author: Agustín García Ureta
Publisher: Europa Law Publishing
ISBN: 9789462513747
Published In: March 2025
Format: Paperback
Jurisdiction: Netherlands ? Disclaimer:
Countri(es) stated herein are used as reference only

HKD 1,649.20

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The protection of biodiversity is one of the most important challenges of contemporary societies. Indeed, as scientists have noted, there is a clear decline in habitats and ecosystems and a rate of species disappearance that has not occurred until now. Climate change and the entry into a new era called “the Anthropocene” are already bringing deep changes in ecosystems, habitats, and species. The European Union (EU) adopted in 1979 the directive on the conservation of wild birds and in 1992 the directive on habitats reinforcing its commitment to protect these and different species of fauna and flora under the umbrella of the Natura 2000 network. The EU is also a Party to several international biodiversity conventions. These regulations have given rise to a significant number of judgments by the EU Court of Justice interpreting the strict obligations that fall on the authorities of the Member States. However, these rulings evince that the objectives to “halt” biodiversity decline or to bring nature “back into our lives” as now expressed in the EU Biodiversity Strategy for 2030 still require further efforts to achieve them.

This book provides a legally rigorous analysis of EU biodiversity law exposing in a systematic way its scope, paying particular attention to its underlying structure and operation. It is an essential reading for all practitioners whose work involve an element of EU biodiversity law, for students on the subject and for any professionals who need to understand it.

Note to the Second Edition xix

Abbreviations xxiii

Chapter 1 International Conventions on Biodiversity of Relevance to the European Union

I. Introduction

II. The Convention on Biological Diversity

III. The Convention on the Conservation of European Wildlife and Natural Habitats

IV. The Convention on the Conservation of Migratory Species of Wild Animals

V. The Convention on Wetlands of International Importance Especially as Waterfowl Habitat

VI. The Convention on International Trade in Endangered Species of Wild Fauna and Flora

Chapter 2 European Union environmental bases and their application in the case of biodiversity

I. Introduction: genesis of EU environmental policy

II. Context and purpose of EU action in environmental matters

III. Objectives

IV. Principles

V. Distribution of powers between the EU and Member States in environmental matters

VI. Legal bases for the adoption of measures for environment protection

Chapter 3 Rights of Nature and the EU: new paradigm, or a way to improve existing obligations?

I. Introduction

II. Failures of biodiversity laws: The EU case

III. RoN and the EU: legal revolution, new paradigm, or new grounds to amend or improve existing instruments? The case of the “Mar Menor” lagoon

IV. Concluding remarks

Chapter 4 The Wild Birds Directive

I. Genesis and general context of the Wild Birds Directive

II. Structure of the WBD

III. Scope of application of the WBD

Chapter 5 The obligation to classify special protection areas for birds: substantive and formal matters

I. General framework of the obligations in the WBD

II. Legal scope and relationship between articles 3 and 4 WBD

III. SPA classification

IV. Number of species for the purpose of SPA classification

V. Territories to be classified as SPAs

VI. Obligation to classify SPAS: formal issues

VII. Declassification of SPAs

Chapter 6 Measures for the protection of special protection areas 197

I. General matters

II. CJEU case law on measures for the protection of SPAS

Chapter 7 Protection of wild birds in the WBD: prohibitions and exemptions

I. Structure of prohibitions and exemptions and obligations to transpose the WBD

II. General prohibitions in Article 5 WBD

III. The WBD and hunting: general issues

IV. The WBD and hunting seasons

V. Prohibited hunting methods

VI. Trade in wild birds

VII. Exceptions to the prohibitions of the WBD: general issues

VIII. Grounds for exceptions in article 9(1) WBD

IX. Administrative requirements for the adoption of exemptions from the prohibitions of the WBD

X. Other relevant rules in the WBD

Chapter 8 Directive 92/43 on the conservation of natural habitats and of wild fauna and flora: genesis, structure, and scope

I. General issues of Directive 92/43

II. Scope of the Habitats Directive

III. General reports on the application of the HD

Chapter 9 Special areas of conservation

I. Special areas of conservation: relationship between SCIs, SACs and SPAs

II. The Natura 2000 network

III. Classification of SACs: general matters

IV. Classification of SACs: stages of the procedure

V. Declassification of special areas of conservation

Chapter 10 Protection of special areas of conservation

I. Introduction

II. Management measures and protected sites

III. Obligation to avoid deterioration and disturbances

Chapter 11 Natura 2000 sites and environmental impact assessment

I. Introduction

II. The relationship between paragraphs 2 (deterioration and disturbances), and 3 (environmental assessment) of Article 6 HD

III. Affected sites under Article 6(3) HD

IV. Plans, programmes, and projects: relationship between the HD and Directives 2011/92 and 2001/42

V. The location criterion

VI. Likelihood of effects, sites’ conservation objectives, and predetermination of the need for an EIA

VII. Content of an “adequate assessment”

VIII. Public information

IX. Exceptions in the case of a negative EIA: general issues

X. Available exemptions in the case of activities with a negative environmental impact assessment

Chapter 12 Species protection in the HD

I. General remarks

II. Need for literal transposition and relationship to prohibitions set out in the CCEW

III. Strict protection: annex IV species

IV. Derogations from the prohibitions on species

V. Species introduction

Chapter 13 Natura 2000 and environmental liability directive

I. Introduction

II. Scope

III. Concluding remarks

Chapter 14 The role of criminal law for the protection of species and habitats

I. Introduction

II. Offences

III. Penalties

Chapter 15 The regulation on nature restoration and its possible impact on the WBD and HD

I. Introduction

II. Objectives and scope ratione loci of the restoration regulation

III. Ecosystems and habitats

IV. The definition of restoration

V. Restoration targets in the case of terrestrial, coastal, freshwater

VI. National defence

VII. Restoration targets in the case of marine ecosystems

VIII. Agricultural and forest ecosystems

IX. Urban ecosystems

X. Pollinators’ restoration

XI. National restoration plans

XII. Concluding remarks

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