The proposal would also redefine what counts as “deliberate” killing under the Birds and Habitats Directives. The laws underpin the EU’s nature protection policy and prohibit the deliberate killing or disturbance of protected species, except in specific circumstances such as protecting public health and safety or to prevent serious damage to crops, livestock, forests, fisheries and water.
The Commission’s permitting proposal suggested that if a project’s construction, operation, or decommissioning results in the occasional killing or disturbance of protected species, that should not count as deliberate if developers adopt “appropriate and proportionate mitigation measures.”
Cyprus, which currently holds the presidency of the Council of the EU, has proposed going a step further, according to a May 5 document seen by POLITICO.
The Cypriot proposal would amend both the Birds and Habitats Directives to let governments “authorize the deliberate killing or disturbance of birds resulting from the implementation of plans or the construction, operation or decommissioning of projects, provided that appropriate and proportionate mitigation measures are adopted, taking into account the best available techniques.”
The directives need to be amended to “ensure legal certainty while maintaining a high level of protection of species,” it argues.
EU officials will discuss the proposal on Monday in the Council’s Antici Group on Simplification, which coordinates work on cutting red tape in existing EU laws.