FFH-Verträglichkeitsprüfung und Raumordnungsverfahren

Abstract

At the latest since the passage of the EU’s Conservation of Wild Birds Directive and the Flora-Fauna-Habitat Directive, it has been impossible for spatial planning law in Germany to remain aloof from the influence of European nature-protection legislation. These two directives provide for the creation of a Europe-wide network of nature reserves — termed “Natura 2000”; this network is to be protected from any destructive influences, firstly by means on a prohibition on impairment and disturbance, and secondly by requiring FFH impact assessment. Comparatively little attention has been given so far to one question of particular importance in planning practice, namely whether FFH impact assessment is also to be mandatory within comprehensive spatial-planning procedures. Consequently, this article attempts to shed light on the areas where European nature-protection law and German spatial-planning procedures come into contact with each other.