D: Advantages of the standards
Since its publication, the guidance document has been successfully tested in the German courts and is now applied across the country. Based on more than ten years of experience, several advantages of this approach can be identified: More transparency and objectivity, a clear assessment framework for the assessment of significant adverse effects on integrity. Rules for the appropriate assessment are clear for everyone (proponent, consultancies, competent authority, nature conservation authority, judges/courts and public). Standards are guaranteeing the quality of the assessments. The approach might also be useful for other impacts (regarding the gradual losses). Provides more legal and planning certainty. For more information regarding the development or the usage in practice and case law, see: A classification system for the importance of anthropogenic mortality on the species level was developed in Germany between 2008 and 2016. This system takes into account parameters related to population biology and nature conservation status. First, a Population Biology Sensitivity Index (PSI) was developed based on parameters such as mortality rate, longevity, age of first reproduction, reproductive rate, national population size and population trend. For most parameters, measured values were translated into a scoring system reflecting the vulnerability to anthropogenic mortality starting with high vulnerability (1 point) and ending with low vulnerability (9 points). A Conservation Value Index (NWI) was also created. This index takes into consideration the parameters such as ‘status on the National Red List’, ‘abundance in Germany’, ‘population condition’ (according to the Natura 2000 system) and ‘national responsibility for the species’. To help with carrying out species-specific assessments, both indices (PSI and NWI) were aggregated in a matrix resulting in an Index of Mortality Sensitivity (MGI). This index facilitates the assessment of a loss of an individual on the whole population. It allows one to detect which of the species (depending on how rare, threatened and sensitive they are) the loss of only few individuals has to be considered as significant in the context of the assessments. The MGI also allows the identification of those abundant species, which do not require a more detailed consideration regarding a project-related mortality risk, at least when only a few individuals are concerned. In addition to the indexes, the authorities also developed instructions on how to apply the MGI in the framework of planning and impact assessment. In planning and permitting processes, risks of collision or mortality need to be considered on a project-specific basis. For instance, the mortality risk for birds from wind turbines, power lines (collision and electrocution) and traffic routes (roads and railroads) does not only differ among species, but can also depend on the type of project. The same applies to bats. Therefore in the second step, for each species the mortality risk related to specific project types was divided into four classes for birds (collision at power lines, electrocution at medium voltage masts, collision with cars and wind turbines) and two classes for bats (collision with cars and wind turbines). This evaluation is based on an extensive literature review regarding the numbers of animals killed by each project type in Germany and Europe, as well as on knowledge about biology and behaviour of the species (e.g. mobility, home range size, flight altitude, flight behaviour, manoeuvrability, speed of locomotion, body size, wing span or vision), on published estimates of experts (including published national and international guidelines) and on own estimates. When interpreting statistics of casualties from different projects, the abundance of the respective species was also considered. Subsequently, the mortality risk related to specific project types was combined with the general mortality sensitivity (MGI) in the form of an index of mortality sensitivity related to specific project types (vMGI). To further illustrate this, a ‘high collision risk’ with power lines, wind turbines or roads does not automatically mean a ‘significantly increased mortality risk’ (sensu conservation laws) in species which show a natural mortality of 50-60 %. More drastic examples are insects (e.g. many butterflies and dragonflies), which show a high collision risk on roads, but of which 100 % of the imagines naturally die each year anyway. Those animals are adapted to high losses in their whole autecology (high natural mortality, low longevity, high reproductive rate, large population size). Thus, for short-lived species, certain anthropogenic mortality risks resulting from infrastructure are much less significant than for long-living species with low natural mortality and reproduction (k-strategists). Using the MGI-method, these autecological aspects and differences are considered in the evaluation of project-specific mortality risks. Finally, each individual case has to be assessed in terms of the potential conflict of the project with the number of the individuals of the affected species. For this purpose a ‘constellation specific risk’ (KSR) is applied. The evaluation of this risk is based on area-specific information and project parameters. In summary, the Index of Sensitivity to Mortality (MGI) cannot replace the assessment of mortality in each individual case. Instead, the differentiated classifications help to objectify the assessment of mortality risks, for example in the context of the Impact Mitigation Regulation (under the German Federal Nature Conservation Act) or the provisions of Art. 6 (appropriate assessment) and Art. 12 (species protection) of the Habitats Directive, or the provisions of the Environmental Liability Directive. The aim of the method is to provide a standardized way of assessing the impact of species mortality, and thus to increase objectivity and transparency of impact assessments. Bernotat, D. & Dierschke, V. (2016): Übergeordnete Kriterien zur Bewertung der Mortalität wildlebender Tiere im Rahmen von Projekten und Eingriffen. 3. Fassung – Stand 20.9.2016. – Leipzig (Bundesamt für Naturschutz), 460 S. https://www.bfn.de/themen/planung/eingriffe/besonderer-artenschutz/toetungsverbot.html
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.