Section
Eight:
Supplementary
Provisions
Article
62 Exemptions
(1) Upon
application, exemption from prohibitions set forth in Article 42, or from the
provisions of an Ordinance pursuant to Article 52 paragraph 7, may be
granted if
1. the implementation of the provisions
concerned would, in the case concerned,
a) entail unintended hardship, and the
respective derogation is compatible with the interests of nature conservation
and landscape management; or
b)
have unintended adverse impacts on nature and landscape
or
2. if imperative reasons of overriding public
interest demand such exemption,
and where
this is not in conflict with Articles 12, 13 and 16 of Council Directive
92/43/EEC or with Articles 5 to 7 and 9 of Council Directive 79/409/EEC. The
Federal Laender may lay down provisions on the granting of exemptions from
orders and prohibitions set forth in respective Laender legislation.
(2)
Exemptions shall be granted by the authorities responsible for nature
conservation and landscape management and, in the case of transportation from
third countries, by the Federal Agency for Nature Conservation.
Article
63
Safeguarding of the Functions of Specific Areas and Premises
In the case
of areas and premises that are either exclusively or predominantly used for any
of the following purposes:
1. Defence, including compliance with
international obligations and protection of the civilian population
2. Tasks of Federal Border Protection (Bundesgrenzschutz)
3. Public transport (major traffic routes)
4. Sea and inland navigation
5. Supply of public utilities, including areas
designated as requiring protection for this purpose, and waste disposal
6. Protection against floods and inundation
7. Supply of telecommunication services
or that have
been designated for any of the above purposes in a binding plan, measures of
nature conservation and landscape management shall be appropriately designed
to safeguard utilization of the areas or premises for the purpose in question.
The aims and principles of nature conservation and landscape management shall
be taken into account.
Article
64
Implementation of Community Legislation and International Law
(1) Ordinances
(Rechtsverordnungen) pursuant to Article 52 may also be adopted to
implement legal instruments of the Council or Commission of the European
Communities in the field of species conservation, or to comply with
international conventions on species conservation.
(2) The
Federal Ministry for the Environment, Nature Conservation and Nuclear Safety
shall have authority to amend references to provisions of legal instruments of
the European Communities in this Act or in Ordinances pursuant to Article
52, by way of Ordinance requiring the consent of the Bundesrat,
where amendments to such legal instruments so require.