The measures to achieve these aims are threefold, according to Art. 6 HD. First,
management and development planning provisions have to ensure that conservation
status can be maintained (Art. 6 (1) HD). Second, the deterioration prohibition
(Art. 6 (2) HD) demands that the protected habitats are shielded from all kinds of
external influences, according to the European Court of Justice
13 even those of a
natural origin (Schumacher et al. 2013, Sec. 5.4.2), although the applicability of this
jurisdiction to global natural changes such as climate change remains uncertain
(Cliquet et al. 2009, p. 169; Mo ¨ckel and Ko ¨ck 2009, p. 320 et seq.; Trouwborst
2011, p. 74). And third, external influences arising from anthropogenic activities in
the form of plans or projects have to be restricted to an admissible level, which is
ensured by means of an impact assessment for those plans and projects that could
affect protected areas (Art. 6 (3) HD). This system allows exceptions only for
reasons of overriding public interest (Art. 6 (4) HD).
The Natura 2000 law focuses not only on ubiquitous species, but also on protecting
area-based habitats, which are highly vulnerable to climate change impacts and therefore
subject to considerable changes (Mo ¨ckel and Ko ¨ck 2009, p. 320; Schumacher et al. 2013,
Sec. 3.2.1). The conservation aims on the other hand – especially in connection with the
deterioration prohibition – do not allow a more flexible, dynamic approach (Cliquet
et al. 2009, p. 163; Haber et al. 2010, p. 382; Hendler et al. 2010, p. 689; dissenting: Dodd
et al. 2010, p. 141). Therefore, with increasing climatic influences on the ecological
composition within protected areas, a more and more demanding protective effort has to
be made in order to maintain or even restore the favourable conservation status
that the Habitats and similarly the Birds Directive require in their respective
Art. 2 (cf. Trouwborst 2011, p. 70, fn. 86; Dodd et al. 2010, p. 144 et seq.).
9.3.2 Water Law: River Basin Management Planning
Under Climate Change
A lot of areas of high conservation value are wetlands. Therefore, as well as the
Natura 2000 law, the European Water Framework Directive (WFD) plays an
important role for the protection of areas of high ecological value.
Art. 4 para. 1 WFD obliges the member states to prevent deterioration and to
achieve a good ecological status and a good chemical status by 2015 (with possible
extensions to 2021 or 2027). While the good status of surface water bodies requires
a good ecological status
14 (or potential) and a good chemical status,
15 for ground
13 ECJ 20.10.2005, Case C-6/04 “Gibraltar”, [2005] ECR I-9017, para. 34.
14 Good ecological status is the status classified in accordance with the biological, hydromorphological, chemical and physico-chemical elements of Annex V WFD (Art. 2 No. 22 WFD).
15 The chemical state of a surface water body is considered “good” if concentrations of pollutants
do not exceed the environmental quality standards established in the Directive 2008/105/EC on
environmental quality standards in the field of water policy (OJ 2008 L 348/84) and under other
relevant Community legislation setting environmental quality standards at Community level, such
as the Nitrates Directive (OJ 1991 L 375/1) (Art. 2 No. 24 WFD).
9 Legal Aspects of Climate Change Adaptation
139
management and development planning provisions have to ensure that conservation
status can be maintained (Art. 6 (1) HD). Second, the deterioration prohibition
(Art. 6 (2) HD) demands that the protected habitats are shielded from all kinds of
external influences, according to the European Court of Justice
13 even those of a
natural origin (Schumacher et al. 2013, Sec. 5.4.2), although the applicability of this
jurisdiction to global natural changes such as climate change remains uncertain
(Cliquet et al. 2009, p. 169; Mo ¨ckel and Ko ¨ck 2009, p. 320 et seq.; Trouwborst
2011, p. 74). And third, external influences arising from anthropogenic activities in
the form of plans or projects have to be restricted to an admissible level, which is
ensured by means of an impact assessment for those plans and projects that could
affect protected areas (Art. 6 (3) HD). This system allows exceptions only for
reasons of overriding public interest (Art. 6 (4) HD).
The Natura 2000 law focuses not only on ubiquitous species, but also on protecting
area-based habitats, which are highly vulnerable to climate change impacts and therefore
subject to considerable changes (Mo ¨ckel and Ko ¨ck 2009, p. 320; Schumacher et al. 2013,
Sec. 3.2.1). The conservation aims on the other hand – especially in connection with the
deterioration prohibition – do not allow a more flexible, dynamic approach (Cliquet
et al. 2009, p. 163; Haber et al. 2010, p. 382; Hendler et al. 2010, p. 689; dissenting: Dodd
et al. 2010, p. 141). Therefore, with increasing climatic influences on the ecological
composition within protected areas, a more and more demanding protective effort has to
be made in order to maintain or even restore the favourable conservation status
that the Habitats and similarly the Birds Directive require in their respective
Art. 2 (cf. Trouwborst 2011, p. 70, fn. 86; Dodd et al. 2010, p. 144 et seq.).
9.3.2 Water Law: River Basin Management Planning
Under Climate Change
A lot of areas of high conservation value are wetlands. Therefore, as well as the
Natura 2000 law, the European Water Framework Directive (WFD) plays an
important role for the protection of areas of high ecological value.
Art. 4 para. 1 WFD obliges the member states to prevent deterioration and to
achieve a good ecological status and a good chemical status by 2015 (with possible
extensions to 2021 or 2027). While the good status of surface water bodies requires
a good ecological status
14 (or potential) and a good chemical status,
15 for ground
13 ECJ 20.10.2005, Case C-6/04 “Gibraltar”, [2005] ECR I-9017, para. 34.
14 Good ecological status is the status classified in accordance with the biological, hydromorphological, chemical and physico-chemical elements of Annex V WFD (Art. 2 No. 22 WFD).
15 The chemical state of a surface water body is considered “good” if concentrations of pollutants
do not exceed the environmental quality standards established in the Directive 2008/105/EC on
environmental quality standards in the field of water policy (OJ 2008 L 348/84) and under other
relevant Community legislation setting environmental quality standards at Community level, such
as the Nitrates Directive (OJ 1991 L 375/1) (Art. 2 No. 24 WFD).
9 Legal Aspects of Climate Change Adaptation
139