Overview
When a new plan or project is likely to have a significant negative effect on a Natura 2000 site, to get it approved EU Member States’ authorities and the plan orproject promoters must follow a specific procedure.
Procedure
The procedure is laid down in Articles 6(3) and 6(4) of the Habitats Directive.
The first step is to determine whether the plan or project is likely to have a significant effect on a Natura 2000 site. If this is found not to be the case, the plan or project can be approved without the need for further assessment. If significant effects are likely, or there is any doubt as to whether there are any effects, an ‘appropriate assessment’ must be undertaken.
The aim of this assessment is to evaluate the possible implications of the plan or project, also in combination with other plans or projects, on the Natura 2000 site in view of its conservation objectives. The assessment must be based on sound scientific evidence and must contain complete, precise and definitive conclusions. These should remove all reasonable scientific doubt about the effects of the works proposed. The precondition for this assessment is setting site-specific conservation objectives for the sites. The requirements for such objectives are explained in the note on Setting conservation objectives for Natura 2000 sites.
Once the assessment is complete, the competent national authorities decide whether to approve the plan or project.
Guidance and studies
Guidance document on assessment of plans and projects in relation to Natura 2000 sites - a summary
Guidance document on inland waterway transport and Natura 2000
Guidelines on the implementation of the birds and habitats directives in estuaries and coastal zones
Exceptions
In exceptional cases, a plan or project may be approved even if it has an adverse effect on a Natura 2000 site.
Under Article 6(4) of the Habitats Directive exceptions are possible for certain plans or projects, if
- they are considered necessary for imperative reasons of overriding public interest
- there are no other alternatives
- and all the necessary compensatory measures are in place to ensure that the overall coherence of the Natura 2000 Network is protected
Member States must inform the Commission of all plans and projects approved under Article 6(4) using a standard format.
The Commission regularly prepares summary reports on the implementation of Article 6(4) by Member States:
- Summary report (2004-2006)
- Summary report (2007-2011)
- Summary report (2012-2019) – in progress
If a plan or project adversely affects priority habitat types or species, the conditions of overriding public interest are even stricter. They can only be justified for the imperative reasons of overriding public interest concerning
- human health and public safety
- beneficial consequences for the environment
- or other reasons, on condition that an opinion of the Commission has been given before granting the approval
The opinions issued by the Commission to date can be found here.
Renewable energy
Developing renewable energy sources is crucial to achieve the EU’s energy and climate goals. These developments must be compatible with the EU’s biodiversity objectives and the Natura 2000 network.
The Commission has identified the possible impacts of different renewable energy developments on protected species and habitats and suggested mitigation measures to minimise these impacts, especially in Natura 2000 sites. The following reports and guidance have been adopted to help overcome obstacles that often appear during the permitting procedures.
- Update of the guidance document on wind energy developments and EU nature legislation
- Report on the potential impacts of solar, geothermal and ocean energy on habitats and species protected under the Birds and Habitats Directives
- Report on the possible impacts of bioenergy on protected species and habitats and mitigation measures
- Manual for the preparation of wildlife sensitivity maps
Strategic planning
A strategic analysis of new plans and projects can be effective in avoiding potential conflicts with Natura 2000 sites and EU protected species.
This can be done through regional or national development plans for sectoral activities, such as in the energy sector, transport, extractive activities, aquaculture, or through land-use or other spatial plans.
Strategic planning is useful for developers as it provides more certainty for the project authorisation, on condition that environmental concerns have been taken into account early in the decision-making process.
Integrated planning also offers new opportunities to identify potential win-win solutions that benefit both the sector concerned and the natural environment.