Weighing up IROPI against conservation objectives
The description of the plan or project objectives may already include elements that can be used to assess the presence of IROPI. This assessment, like the one dealing with the identification of less harmful alternatives, requires a weighing up any IROPI against the damage caused to the Natura 2000 site as a result of implementing the plan or project under consideration, in view of its conservation objectives and taking into account also the overall importance of the site for the species and habitats for which it is designated. The more important or vulnerable the conservation values of the site affected, the more restrictive the scope will be for IROPI to be considered acceptable and for the damage to the site, as determined by the appropriate assessment, to be justifiable. Where a priority natural habitat type or a priority species is affected, the only considerations which may be raised as IROPI under Article 6(4) of the Habitats Directive are those relating to human health or public safety, or to beneficial consequences of primary importance for the environment. If other IROPI are evoked, a Commission opinion is required. Elements underpinning the case for IROPI can be included to a certain extent in the description of plans or programmes, in particular in the statement of the objectives motivating the development action. Such reasons must also be specified in a formal decision at the appropriate level of government (e.g. regional, national) and be clearly documented. The consideration of IROPI may be inherent to the strategic planning of certain policy areas (e.g. flood risk management), which are relevant to human health, public safety or the protection of public goods. For activities likely to be justified for IROPI, the need to consider alternatives and compensation can thus be taken into account at an early stage in the planning process (see example in Box 20 below). Examples of IROPI applied in the context of requests for Commission opinions under Article 6(4) of the Habitats Directive (37) are set out in Box 19 below.
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.