Application and Acceptance of the Habitats Directive in Germany and France - Comparison of Selected Areas. Since 1992, when the Habitats Directive (92/43/EWG) came into effect, all EU member states are obligated to contribute to the establishment of a coherent ecological framework of special protection areas, called Natura 2000. The guideline states both protection objects and protection aims more precisely but its implementation is, to a large extent, left to the member states. In the neighbouring states Germany and France the organisation report strategy, and area management of the Natura 2000 areas differ significantly. Based on these conditions, in both countries two exemplary regions (mountain range and low mountain range) with 3 Natura 2000-areas were selected. In exemplary municipalities the local decision-makers and other relevant activists were interviewed regarding their acceptance of Natura 2000. The results showed altogether a higher acceptance in the 12 German municipalities than in the 12 French but at the same time an extensive insecurity regarding the new obligations on order to implement the protection system. In the French examples the lack of public participation organised by the state government contributed to a reduced acceptance during the first years of the implementation of the Habitats Guideline. Besides, crucial elements for a local acceptance of the Natura 2000 system in both states were the land owners, existing plans and development aims of the municipality, land use and a possibly existing protection status of the area. Additionally the study showed that a transparent establishment of a management plan offers the opportunity to co-ordinate different land use and protection interests. The designation of a separate area co-ordinator for each Natura 2000-area, at the same time contact for the local community like in France, can provide a valuable, confidence-building measure.
The "Weighting Process" in Land Use Planning - Discussion of the Present Practice of "Weighting Out". Owing to the revision of the Building Code from January 1998 the impact regulation in land use planning is now established in the Building Law. This means the local governments have decision-making powers how to precisely implement the impact regulation. This, however, does not mean - as had been said in practice - that the concerns of nature and landscape can be "weighted out". On the contrary, the decision-making process has to include a detailed differentiation depending on the case, according to a verdict of the Supreme Administrative Court from 1997. The concerns of nature and landscape cannot be moved back as "not of furhter relevance". Only precisely described and insurmontable constraints allow cutbacks. Since compensation measures now can be carried out on the ground of adjacent local communities, a lack of sites available cannot be accepted as a reason. The paper makes clear why also in urban land use planning interference into nature has to be fully compensated for.