Edition 2020 Ninth edition
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a6048c931cdc93 TEGOVA EVS 2020 digital
"special protection areas" under the Birds Directive. Together they form the eco-
logical network named Natura 2000. The Habitats Directive also provides a list of criteria which Member States must take into account when determining these protected sites. Designation is an objective issue and may thus not take account of economic, social and cultural requirements or regional and local characteristics (judgment in the case C-371/98, First Corporate Shipping). 5.7.2. Protected sites and project development — Where a site is part of the Natura 2000 network, Member States have to protect it and the species for which it was desig- nated (Articles 12-16 of the Habitats Directive) . 5.7.3. Consequently, any project that is likely to have an impact on a Natura 2000 site should be the subject of appropriate assessment. In principle, Member States may only agree on a development proposal after having ascertained that it will not ad- versely affect the integrity of protected sites (Article 6(3) of the Habitats Directive) . 366 VII. European Union Legislation and Property Valuation European Valuation Standards 2020 5.7.4. However, in the absence of other alternatives, some development proposals that will cause significant negative impact may still be permitted for impera- tive reasons of overriding public interest, including those of social or economic nature (Article 6(4) of the Habitats Directive) . The assessment of imperative reasons of overriding public interest and that of the existence of less harmful alternatives require a weighing up against the damage caused to the site by the plan or project under consideration (judgment in the case C-521/12, Briels and Others). Moreover, in this case Member States must introduce "compensatory measures" to ensure the overall coherence of the Natura 2000 network (Article 6(4) of the Habitats Direc- tive) . This term is not defined in the Habitats Directive. In practice, however, these measures generally include recreating a habitat on a new or enlarged site to be incorporated into Natura 2000 or improving a habitat on part of the site or another Natura 2000 site proportional to the loss due to the project. 5.7.5. European Green Deal — In the European Green Deal of December 2019, the Eu- ropean Commission undertakes to present a new biodiversity strategy by March 2020, to be followed up by specific action in 2021. This strategy will mainly iden- tify measures to expand the Natura 2000 network and to improve its protection and restoration: "The biodiversity strategy will identify specific measures to meet these objectives. These could include quantified objectives, such as increasing the coverage of pro- tected biodiversity-rich land and sea areas building on the Natura 2000 network. Member States should also reinforce cross-border cooperation to protect and restore more effectively the areas covered by the Natura 2000 network. The Com- mission will identify which measures, including legislation, would help Member States improve and restore damaged ecosystems to good ecological status, includ- ing carbon-rich ecosystems. The biodiversity strategy will also include proposals to green European cities and increase biodiversity in urban spaces. The Commis- sion will consider drafting a nature restoration plan and will look at how [to] provide funding to help Member States to reach this aim." 5.7.6. Importance for property valuation — Since the Habitats and Bird Directives can impose significant hurdles for the development or change in use of property located on a Natura 2000 site or in the vicinity thereof, they may also have an impact on the value of a site. As many Natura 2000 sites involve wetland, this can be a particular constraint on the development of coastal sites. A case in point was the project for the development of the port of Le Havre (Le Havre 2000). The presence of bird nests on islets in the Seine estuary caused major delays while the French authorities and the European Commission negotiated adaptations to the project. Another example was the development of Cardiff Bay as part of the city where the compensatory measures for lost tidal flats was a particular constraint on the development. European Valuation Standards 2020 VII. European Union Legislation and Property Valuation 367 5.7.7. On the other hand, Member States may also grant subsidies for the management of a Natura 2000 site or for measures taken in order to compensate the damage incurred by a site, as long as they comply with State aid rules. Legislation Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora Directive 2009/147/EC of the European Parliament and of the Council of 30 No- vember 2009 on the conservation of wild birds Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Com- mittee of the Regions of 11 December 2019 — The European Green Deal 6. The Common Agricultural Policy 6.1. Two pillars — The Common Agricultural Policy (CAP) essentially consists of two pillars: support to the agricultural sector (first pillar) and implementation of a rural development policy (second pillar). In both pillars, EU legislation lays down several financial support measures which may impact the capital and Rental Value of the property involved as well as the use of rural land. Valuers should also take into account that the CAP legislation is reformed every few years in line with the Union's budgetary reform. The next CAP is due to be implemented by 2021 but this may be delayed. 6.2. Direct payments to farmers — The first pillar of the CAP essentially comprises support for farmers in the form of direct payments on the one hand and other measures organising the agricultural market on the other hand. 6.3. For the period 2015-2020, the direct payments are regulated in the Direct Pay- ments Regulation 1307/2013 which provides two main payment schemes of which Member States must implement one, namely the Basic Payment Download 1.74 Mb. Do'stlaringiz bilan baham: |
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