Rete Natura 2000 e pianificazione territoriale nella Pubblica Amministrazione

The essay aims mostly at analyzing the regulation of the Natura 2000 network (the “Habitats directive”), in the wider context of the other tools established to protect the Biodiversity. This is the purpose of the Natura 2000 ecological network established by the “Habitats directive”, which was adopted in 1992 (the network, which also embraces areas established under the ‘Birds’ directive). In particular, the article 6 of the Directive 92/43/EEC plays a crucial role in the management of the sites that make up the Natura 2000 network. With the spirit of integration in mind, it indicates the various tasks involved so that the nature conservation interests of the sites can be safeguarded. The essay analyzes the trasposition of this Directive in Italy with attention to the environmental appropriate assessment, setting out the circumstances within which plans and projects with negative effects may or may not be allowed. It analyzes also the application of the precautionary principle to the administrative procedure provided to express the environmental appropriate assessment. Thus, the Habitats Directive also governs the compensatory measures. These measures constitute measures specific to a project or plan, additional to the normal practices of implementation of the ‘Nature’ directives. They aim to offset the negative impact of a project and to provide compensation corresponding precisely to the negative effects on the species or habitat concerned. The compensatory measures constitute the ‘last resort’. They are used only when the other safeguards provided for by the directive are ineffectual and the decision has been taken to consider, nevertheless, a project/plan having a negative effect on the Natura 2000 site. The main purpose of the essay is to understand the extension of the Natura 2000 network and if it is possible to use contractual arrangements in order to limit the current “size” of the environmental appropriate assessment.