Editing Natura 2000 (section)

== Controversy ==
The Natura 2000 legislation, notably with its habitats-test (or: habitats assessment, Article 6 of the Habitats Directive), dates back to the days [[climate change]] was not an issue and the concept of [[ecosystem services]] had not been well developed. Hence, in international law literature Kistenkas raised the question the habitats assessment was originally not designed for striking a balance of all relevant ecosystem services or to involve climate change into the assessment.<ref>Frederik Hendrik Kistenkas, ''Innovating European nature conservation law by introducing ecosystem services'', GAiA 23/2 (2014): 88-92</ref> Although well protecting nature conservation objectives, a rethinking of the habitats assessment might be necessary in the light of a new climate law as part of e.g. the [[European Green Deal]].<ref>Frederik Hendrik Kistenkas, ''Rethinking European Nature Conservation Legislation: Towards Sustainable Development'', Journal for European Environmental & Planning Law (JEEPL) 2013 10/1 72-84, https://brill.com/view/journals/jeep/10/1/article-p72_6.xml?lang=en, DOI: https://doi.org/10.1163/18760104-01001005{{subscription required}}</ref>

In European law literature Borgstrom and Kistenkas have discussed some possible future incompatibilities of the Natura 2000 habitats-test with novel EU [[green infrastructure]] policies.<ref>{{Cite journal |last1=Kistenkas |first1=Frederik H. |last2=Borgström |first2=Suvi |year=2014 |title=The Compatibility of the Habitats Directive with the Novel EU Green Infrastructure Policy |url=https://kluwerlawonline.com/journalarticle/European+Energy+and+Environmental+Law+Review/23.2/EELR2014004 |journal=European Energy and Environmental Law Review |volume=23 |issue=2 |pages=36–44 |doi=10.54648/eelr2014004}}</ref>

In the late 2010s the habitats assessment was at the basis of the [[nitrogen crisis in the Netherlands]] as the EU Court (C-293/17 and C-294/17, ECLI:EU:C:2018:882) ruled on agriculture nearby Natura 2000 sites.<ref>Frederik H. Kistenkas, Harm C. Borgers, Machteld E.A. Kistenkas, ''Recht voor de groene ruimte'', 3rd ed., Wageningen Academic Publishers 2017</ref>

In some other member states, such as [[Bulgaria]], there was criticism a project had not been well communicated in advance. This led to construction in the [[Kaliakra]] zone of Bulgaria, including [[wind turbine]]s and a golf course. Land owners have then been told they may not use their land in certain ways, otherwise non-compliance procedures would be used against Bulgaria. This led to protests by the land-owners.<ref>{{Cite news|url=https://www.euscoop.com/en/2017/8/7/kalikara-protests-eu-environment|title=The Kaliakra protests: The Bulgarian People vs. The EU|access-date=2017-08-11|language=en|archive-url=https://web.archive.org/web/20181022113610/https://www.euscoop.com/en/2017/8/7/kalikara-protests-eu-environment|archive-date=2018-10-22|url-status=dead}}</ref>