principle, be used for this purpose, if the initial impact assessment did not cover
future effects, as can be deduced from ECJ rulings in the cases concerning cockle
fishery in the Wadden Sea
40 and the Papenburg wharf.
41
9.5.2.3 Proposed Changes to European and National Nature
Protection Law
Legal rules should be introduced that can control land use activities that weaken the
ecologic resilience of protected areas to climate change impacts. Laws are needed
as citizens’ fundamental rights, especially those of property and profession, but also
in terms of general freedom of movement and behaviour, are affected by the
restrictions necessary to maintain the effectiveness of nature protection activities
under future changing climate conditions.
Furthermore, there should be climate change specific surveillance (Art. 11 HD)
and comprehensive planning for network coherence improvement, including implementation stricter than required by Art. 3 and 10 HD, and with accompanying
guidelines for criteria to help improve connectivity, also with respect to climate
change impacts. Especially the aspect of cross-border connectivity requirements
should be taken into account on the European and international level.
As a last resort, clear regulations are required about the conditions under which
Natura 2000 sites can be cancelled as a whole or their protection goals changed
because they have proved impossible to sustain. In the rare cases where no new
Natura 2000 protection goal for such an area can be defined, protection can
nevertheless be maintained according to national nature protection law.
9.5.3 Water Law
9.5.3.1 Options for Climate Change Adaptation in RBMP
Regarding river basin management planning, it is agreed that the step-wise and
cyclical approach of the WFD (regular review and update) makes it well suited to
handling climate change (European Commission 2008, p. 4). On the one hand, it is
possible to influence the quantity and quality of water that will be available and be
used in the future. On the other hand, the adaptation requirements of waterdependent habitats and species can be fulfilled. In addition, the objective of good
ecological water status supports the resilience of aquatic ecosystems. The European
Commission has published two documents with far-reaching recommendations for
40 ECJ 7.9.2004, Case C-127/02 “Waddenvereniging and Vogelbeschermingsvereniging”, [2004]
ECR I-7405, para. 34 et seq.
41 ECJ 14.1.2010, Case C-226/08 “Stadt Papenburg”, [2010] ECR I-131, para. 48 et seq.
154
M. Gies et al.
future effects, as can be deduced from ECJ rulings in the cases concerning cockle
fishery in the Wadden Sea
40 and the Papenburg wharf.
41
9.5.2.3 Proposed Changes to European and National Nature
Protection Law
Legal rules should be introduced that can control land use activities that weaken the
ecologic resilience of protected areas to climate change impacts. Laws are needed
as citizens’ fundamental rights, especially those of property and profession, but also
in terms of general freedom of movement and behaviour, are affected by the
restrictions necessary to maintain the effectiveness of nature protection activities
under future changing climate conditions.
Furthermore, there should be climate change specific surveillance (Art. 11 HD)
and comprehensive planning for network coherence improvement, including implementation stricter than required by Art. 3 and 10 HD, and with accompanying
guidelines for criteria to help improve connectivity, also with respect to climate
change impacts. Especially the aspect of cross-border connectivity requirements
should be taken into account on the European and international level.
As a last resort, clear regulations are required about the conditions under which
Natura 2000 sites can be cancelled as a whole or their protection goals changed
because they have proved impossible to sustain. In the rare cases where no new
Natura 2000 protection goal for such an area can be defined, protection can
nevertheless be maintained according to national nature protection law.
9.5.3 Water Law
9.5.3.1 Options for Climate Change Adaptation in RBMP
Regarding river basin management planning, it is agreed that the step-wise and
cyclical approach of the WFD (regular review and update) makes it well suited to
handling climate change (European Commission 2008, p. 4). On the one hand, it is
possible to influence the quantity and quality of water that will be available and be
used in the future. On the other hand, the adaptation requirements of waterdependent habitats and species can be fulfilled. In addition, the objective of good
ecological water status supports the resilience of aquatic ecosystems. The European
Commission has published two documents with far-reaching recommendations for
40 ECJ 7.9.2004, Case C-127/02 “Waddenvereniging and Vogelbeschermingsvereniging”, [2004]
ECR I-7405, para. 34 et seq.
41 ECJ 14.1.2010, Case C-226/08 “Stadt Papenburg”, [2010] ECR I-131, para. 48 et seq.
154
M. Gies et al.