Approval Procedure and Compensation Measures for the Removal of an European Nature Protection Area (FFH Area) by the Cottbus-Nord Opencast Mine

Abstract

The Energy Company Vattenfall operates opencast lignite mines in Brandenburg. One of the approved opencast mine projects included the Lakoma pond area ("Lakomaer Teiche”) which was registered as FFH area and claimed by the opencast mine. The European Commission was involved in the approval procedure. The approval for claiming the FFH area was granted under the imposition of the obligation of comprehensive compensation measures with regard to nature conservation. In accordance with the FFH directive the compensation measures had to be effective already at the time of the intervention. The approval of the plan according to water law was the first approval ever granted to completely remove a FFH area in Germany.