The decisive factor for this assessment is the ban on killing and injuring in Section 44 para. 1 no. 1 BNatSchG. The provisions of Section 45b BNatSchG are relevant for breeding birds for the technical assessment of whether there is a significantly increased risk of killing and injury at the planned location of a WTG.

The high level of knowledge gained by using the RKR model to assess collision risks in WTG approval procedures offers the opportunity to use the determined constellation-specific collision risks as part of the expert assessment. Using the standardized RKR methodology, the legal assumption that there is a significantly increased risk of killing at planned WTGs (Section 45 (3) BNatSchG) can be checked by experts for known breeding sites.