EU Nature Protection Legislation – Focus on Site Protection

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Site Protection Measures under the Article 6 of the Habitats Directive
Assessment of plans and projects and compensatory measures

 

Article 6(3) and 6(4):
3. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.
 
4. If, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted.
 
Where the site concerned hosts a priority natural habitat type and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest

These two paragraphs lay down the procedure to be followed when planning new developments that might affect a Natura 2000 site.

According to Article 6 (3) any plan or project likely to have a significant effect on a Natura 2000 site, Click here for more information! either individually or in combination with other plans or projects, shall undergo an appropriate assessment to determine the implications for the site. Click here for more information! The competent authorities can only agree to the plan or project after having ascertained that it will not adversely affect the integrity of the site concerned. Click here for more information!

Article 6 (3) and (4) define a step-wise procedure for considering plans and projects (10)

  • 1. The first part of this procedure consists of an assessment stage and is governed by Article 6 (3), first sentence.
  • 2. The second part of the procedure, governed by Article 6 (3), second sentence, relates to the decision of the competent national authorities.
  • 3. The third part of the procedure (governed by Article 6 (4)) comes into play if, despite a negative assessment, it is proposed not to reject a plan or project but to give it further consideration.