Wind energy expansion and species conservation – Evaluation of the 2022 amendment to the Federal Nature Conservation Act

Research question / Project objectives

The study will focus in particular on examining the indirect effects of the new regulations on the level of protection afforded to the species concerned. In addition to conducting an impact assessment, the study will formulate recommendations for action. The information gathered is intended to enable the Federal Government to draw conclusions regarding the achievement of objectives and, where necessary, identify any resulting need for corrective measures. In doing so, an initial assessment is to be provided regarding the effects on acceleration whilst simultaneously maintaining ecological protection standards.

The subject of the evaluation is the provisions of Sections 45b, 45c and 45d of the Federal Nature Conservation Act (BNatSchG) as well as Annexes 1 and 2 to the BNatSchG. Section 45b(1) to (9) of the BNatSchG, together with the associated Annexes 1 and 2, contains comprehensive new provisions concerning, amongst other things, the species list, assessment distances, protective measures, reasonableness and exceptions under species protection law.

The aim of the evaluation of Section 45c of the BNatSchG (repowering) is, in particular, to collect and analyse information and experiences from the federal states and licensing authorities regarding the implementation of the so-called ‘Delta assessment’. With regard to the National Species Conservation Programme (nAHP) under Section 45d, initial results (e.g. number of exemptions, as well as the amount and source of payments, federal states affected, and, where possible, species for which an exemption was granted) are to be presented.

Procedure

In line with the objectives of the statutory regulations, various methods are available for analysing and assessing the achievement of objectives, specific changes and issues of practicability. The choice or combination of methods is a key consideration in the design of the study. The following factors must be taken into account: Are there concrete, measurable results (outputs)? Which results can be examined in the short to medium term for their effects (species conservation/practice) (outcomes)? What long-term effects (impacts) on broader societal objectives (e.g. biodiversity conservation) can be expected? 
The evaluation should encompass the collection of information and data (questionnaires, interviews, events), their analysis, and the identification of shortcomings and proposals for improvement. 

Work packages

• Work package 1 is dedicated to defining the research design, including the development of the survey content and the identification of target groups.
• Work package 2 forms the core of the evaluation. Here, surveys will be conducted using topic-specific questionnaires, guided interviews and online workshops. This feedback will significantly determine the results of the evaluation.
• Work packages 4 and 5 cover impact analyses and the management of their consequences.
• Work packages 3 and 7 are essentially needs-based. Specific issues are to be discussed in work package 6 through workshops.