EU Biodiversity Law

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

Bibliography