# C_2020304EN.01000901.xml

| 14.9.2020 | EN | Official Journal of the European Union | C 304/9 |
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14.9.2020

EN

Official Journal of the European Union

C 304/9

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Request for a preliminary ruling from the Bundesverwaltungsgericht (Germany) lodged on 7 July 2020 — BUND Naturschutz in Bayern e.V. v Landkreis Rosenheim

(Case C-300/20)

(2020/C 304/12)

Language of the case: German

Referring court

Bundesverwaltungsgericht

Parties to the main proceedings

Applicant: BUND Naturschutz in Bayern e.V.

Defendant: Landkreis Rosenheim

Other party: Landesanwaltschaft Bayern, representing the interests of the Federal Government before the Bundesverwaltungsgericht

Questions referred

| 1. | Is Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (1) to be interpreted as meaning that a framework for future development consent of projects listed in Annexes I and II to Directive 2011/92/EU (2) (‘the EIA Directive’) is set where a regulation on nature conservation and landscape management provides for general prohibitions (with possible exemptions) and compulsory permits which do not specifically relate to projects listed in the annexes to the EIA Directive? |
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1.

Is Article 3(2)(a) of Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (1) to be interpreted as meaning that a framework for future development consent of projects listed in Annexes I and II to Directive 2011/92/EU (2) (‘the EIA Directive’) is set where a regulation on nature conservation and landscape management provides for general prohibitions (with possible exemptions) and compulsory permits which do not specifically relate to projects listed in the annexes to the EIA Directive?

| 2. | Is Article 3(2)(a) of Directive 2001/42 to be interpreted as meaning that plans and programmes were prepared for agriculture, forestry, land use, etc. if their objective was to establish a reference framework for one or more of those areas? Or does it suffice if, for the purpose of nature conservation and landscape management, general prohibitions and permit requirements are regulated which have to be assessed in the permit procedure for a variety of projects and uses and which may indirectly impact (‘by default’) one or more of those areas? |
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2.

Is Article 3(2)(a) of Directive 2001/42 to be interpreted as meaning that plans and programmes were prepared for agriculture, forestry, land use, etc. if their objective was to establish a reference framework for one or more of those areas? Or does it suffice if, for the purpose of nature conservation and landscape management, general prohibitions and permit requirements are regulated which have to be assessed in the permit procedure for a variety of projects and uses and which may indirectly impact (‘by default’) one or more of those areas?

| 3. | Is Article 3(4) of Directive 2001/42 to be interpreted as meaning that a framework for future development consent of projects is set if a regulation adopted for the purpose of nature conservation and landscape management lays down prohibitions and permit requirements for a variety of projects and measures in the protected area which are described in abstract terms, where there are no actual foreseeable or envisaged projects when it is adopted and therefore it does not specifically relate to actual projects? |
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3.

Is Article 3(4) of Directive 2001/42 to be interpreted as meaning that a framework for future development consent of projects is set if a regulation adopted for the purpose of nature conservation and landscape management lays down prohibitions and permit requirements for a variety of projects and measures in the protected area which are described in abstract terms, where there are no actual foreseeable or envisaged projects when it is adopted and therefore it does not specifically relate to actual projects?

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(1)  OJ 2001 L 197, p. 30.

(2)  Directive of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ 2012 L 26, p. 1).

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