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Training package on EU Nature Protection Legislation – Focus on Site Protection

Quiz on: Focus on Site Protection Legal Regime

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1) What does Article 3 of the Birds Directive provide?
a) That migratory birds are excluded from the Directive.
b) That Member States must take requisite measures to preserve, maintain and re-establish habitats for all protected birds.
c) That the upkeep and management of protected habitats will be provided by the EU Government.

2) Which are the three mayor steps for the designation of a Special Area of Conversation under the Habitats Directive?
a) 1. Member States propose a list of sites that host endangered habitats or species, 2. The European Commission decides which site will be declared of Community importance, 3. Member States are obligated to designate the sites as SACs under the national law.
b) 1. Member States propose a list of endangered birds, 2. The European Commission decides which bird habitat will be declared of Community importance, 3. Member States are obligated to designate the sites as SACs under the national law.
c) 1. Member States propose a list of sites that host endangered habitats or species, 2. The European Commission decides which site will be declared of Community importance, 3. Member States are free to decide which sites they want to designate as SACs under the national law.

3) What measures should Member states take to meet the Conversation Objectives of the Habitats Directive?
a) Under Article 6 (I) they should provide financial support for protection measures by the EU and under Article 6 (II) they should explain the importance of environment protection to their citizen.
b) Under Article 6 (I) they should avoid damaging activities and under Article 6 (II) they should provide positive measures as management plans and appropriate statutory, administrate or contractual measures.
c) Under Article 6 (I) they should provide positive measures as management plans and appropriate statutory, administrate or contractual measures and under Article 6 (II) they should avoid damaging activities.

4) What was the fundamental ruling in the CJEU Leybucht case (C-57/89) regarding SPAs?
a) That the court can decide that an area should have been classified as a SPA.
b) That the Member states have a margin of discretion when identifying suitable SPA sites.
c) That Member states have to provide information about the potential SPA sites to the Commission.

5) Which steps are required for the procedure for new developments of site protection under Article 6 III and IV of the Habitats Directive?
a) 1. Assessment of plans or projects which could have a significant effect on a protected site, 2. Decision of competent national authorities on the plans or projects, 3. If there is a negative assessment: further considerations.
b) 1. Provide positive measures as management plans and appropriate statutory, administrate or contractual measures and 2. Avoid damaging activities.
c) 1. Assessment of the plans or projects regarding a protected site, 2. Decision of the EU on the plans or projects, 3. If there is a negative assessment: no further considerations.

6) Under which circumstances a negatively assessed plan or project might still be allowed to go ahead?
a) If the negative effects are compensated by financial support for other important areas.
b) If there are exceptional circumstances because alternative solutions are too expensive so that the plan or project considered to be of interest for the local economy.
c) If there are exceptional circumstances and no alternative solutions so that the plan or project considered to be of overriding public interest such as health or public safety.

 


Developed by the Academy of European Law (ERA)