Northern lapwing in a meadow, a typical target species of advance species protection measures
§ 44 BNatSchG
§ 45 BNatSchG
nationwide

Species protection under CEF and FCS

✓ Advance CEF measures ✓ FCS measures under § 45 BNatSchG ✓ Skylark, sand lizard, bat, amphibians. Planned, implemented and documented.

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Special species protection determines whether a project can be approved

Alongside the impact mitigation regulation, special species protection is a separate hurdle in the permitting procedure. § 44 of the Bundesnaturschutzgesetz prohibits catching, injuring or killing animals of specially protected species, significantly disturbing them during breeding, rearing, moulting, overwintering and migration periods, and removing, damaging or destroying their breeding sites or resting places from the wild. Corresponding prohibitions apply to strictly protected plant species.

Unlike the impact mitigation regulation, there is no balance here that can be offset with points. A prohibition is either met or it is not. If it is met, the project is initially inadmissible, and either a measure that avoids the offence or an exemption is required.

This is precisely why, in practice, species protection more often determines timelines than compensation does. greeNature plans and implements the necessary measures from a single source, from the potential assessment through implementation to monitoring.

CEF: maintaining the function before the impact occurs

CEF stands for continuous ecological functionality. The idea behind it is simple: if a breeding site or resting place is lost but the ecological function is maintained without interruption within the spatial context, the prohibition under § 44 Abs. 5 BNatSchG does not apply.

Three conditions must be met for this. The measure must be located so that the affected local population can actually reach and use it. It must be technically tailored to the requirements of the species, not to nature conservation in general. And it must be effective before the impact takes place.

The third condition is the most demanding. For many measures, a considerable development period lies between construction and effectiveness. Anyone who only completes the species protection assessment shortly before construction begins no longer has this time. We therefore recommend starting the potential assessment early and including the lead time as a fixed factor in the project schedule.

FCS: securing the exemption

If a prohibition cannot be avoided, the exemption under § 45 Abs. 7 BNatSchG remains. It requires that compelling reasons of overriding public interest exist, that no reasonable alternative is available, and that the conservation status of the populations does not deteriorate. For species listed in Annex IV of the FFH Directive, the requirements of Article 16 of the Directive also apply.

Measures that secure the conservation status are called FCS measures, after favourable conservation status. They may lie further from the site of impact than CEF measures, but must in return be effective at the population level. Typical fields of application are wind energy projects with conflicts involving red kite or bats, high-voltage power lines with collision risks for large birds, and road projects with fragmentation effects.

Our services in species protection

  • Potential assessment and mapping. Evaluation of existing data, site visits, species-specific surveys within the respective survey window.
  • Measure concept. Deriving avoidance, CEF and FCS measures from the specific conflict, tailored to the target species.
  • Sites. Providing suitable sites from our own portfolio within the required spatial context.
  • Implementation. Constructing habitat structures, relocations with professional supervision, construction-phase protective measures.
  • Ecological site supervision. Monitoring avoidance measures during construction, documentation for the authority.
  • Monitoring. Implementation and functional monitoring over the specified commitment period, with adjustments where targets are not met.

Typical measures by species group

Open-land birds. Skylark plots and flower strips for the skylark, extensively managed wet grassland with a late mowing date for northern lapwing and black-tailed godwit, structurally rich fringes and fallow land for the grey partridge.

Reptiles. Sand lenses as egg-laying sites, stone piles and dead wood as shelter and basking spots, sunlit fringe structures for connectivity, supplemented by a professionally supervised relocation from the construction area.

Bats. Replacement and winter roosts on buildings, bridges and trees, preservation and creation of guiding structures, avoidance of lighting in flight corridors, clearance time windows outside roost use.

Amphibians. Creating spawning waters of the correct size and sun exposure, terrestrial habitats with shelter structures nearby, guiding installations and culverts at transport routes.

Small mammals and large birds. Hedgerow networks and woody structures for the hazel dormouse, foraging areas and diversionary areas for raptors, crossing aids and wildlife corridors for the European wildcat.

For an in-depth presentation by species, with protection status, typical conflicts and measure components, see protected species.

CEF and FCS at a glance

CEF under § 44 BNatSchG

Advance compensation measures that take effect before the impact occurs. For example skylark plots, reptile protection, bat roosts and amphibian protection facilities.

FCS under § 45 BNatSchG

Measures to secure the favourable conservation status of protected species, often for wind energy, power lines and road construction.

From planning to management

We survey, plan, implement and document. On request, for the entire commitment period.

Frequently asked questions

Good to know

CEF measures under § 44 Abs. 5 BNatSchG ensure that the ecological function of an affected breeding site or resting place is continuously maintained within the spatial context. If this succeeds, the prohibition does not apply in the first place. The timing is decisive: the measure must be effective before the impact takes place. FCS measures, by contrast, belong to an exemption under § 45 Abs. 7 BNatSchG. They come into play when a prohibition cannot be avoided, and are intended to ensure that the conservation status of the populations does not deteriorate. FCS measures may also lie at a greater spatial distance, but must be effective at the population level.
Before the impact takes place, and not merely constructed but ecologically effective. This is the most common cause of delays in the procedure. A replacement roost for bats can be installed quickly, whereas a habitat structure for the sand lizard needs at least one growing season, and extensively managed grassland for meadow-breeding birds develops over several years. The lead time therefore belongs at the start of project planning, not at its end. The earlier the species protection assessment is available, the more easily the measure can be fitted into the construction schedule.
The range depends on the species protection assessment of the respective project. Frequently affected are open-land birds such as skylark, northern lapwing, grey partridge and black-tailed godwit, reptiles such as sand lizard and smooth snake, numerous bat species, amphibians such as yellow-bellied toad, great crested newt and European tree frog, small mammals such as the hazel dormouse, and large birds and raptors such as red kite, black stork and eagle owl. The European wildcat and kingfisher also play a role in route and water body projects. For many of these species, our species pages set out the typical conflicts and the appropriate measure components.
For open-land birds these are skylark plots, flower and fallow strips, extensively managed field margins and adapted mowing dates. For reptiles, sand lenses, stone piles, dead wood structures and sunlit fringe areas, often combined with a professionally supervised relocation. For bats, replacement and winter roosts on buildings, bridges and trees, along with the preservation of guiding structures. For amphibians, spawning waters, terrestrial habitats, guiding installations and culverts. In addition, there are construction-phase avoidance measures such as clearance time windows, deterrence, protective fencing and ecological site supervision.
Through monitoring, the scope of which is set out in the permit decision. Effectiveness checks in the first years after implementation are standard, followed by checks at longer intervals over the commitment period. This covers both implementation monitoring, i.e. whether the measure was constructed as planned, and functional monitoring, i.e. whether the target species takes up the structure. If the effect fails to materialise, adjustments are made, for example through changed management, additional structures or an extension of the area. greeNature carries out the monitoring and delivers the reports to the authority in an auditable form.
Generally not. The impact mitigation regulation and special species protection are two separate levels of assessment with different standards. Eco-points reflect a calculated enhancement, whereas a CEF measure must take effect exactly where, and exactly for the species that is affected. A distant eco-account does not meet this requirement. A measure can serve both purposes if it is technically designed for that and the authority confirms the dual crediting. This must be examined on a case-by-case basis and should be clarified early with the nature conservation authority.
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Enquire about species protection measures

Tell us about your project and the affected target species. We will plan the appropriate CEF or FCS measure.

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