(a) Main types of compensatory measures
Compensatory measures in the context of Article 6(4) of the Habitats Directive should: (i) be specific to the plan or project under consideration; and (ii) go beyond the measures required for the designation, protection and management of Natura 2000 sites, as set out in the conservation objectives for the site. The following cannot be considered as compensatory measures: (i) the implementation of a management plan for the site; (ii) measures for improving the conservation status of a habitat type on a site that are already planned irrespective of the plan/project; or (iii) the designation as special area of conservation of an area already identified as being of Community importance. Instead, compensatory measures should be additional to the conservation measures that need to be established and implemented in a Natura 2000 site and additional to other protection provisions required by the Habitats and Birds Directives or obligations laid down in EU law. Examples of types of compensatory measures, along with accompanying measures that can enable and facilitate their implementation, are presented in Table 11 below. It is important to note that all of these measures have to go over and beyond the normal obligations under the Birds and Habitats Directives, including those related to the designation, management and restoration of the sites. Table 11 Examples of types of compensatory measures suitable for Article 6(4) The possibility of designing and implementing effective compensation measures will vary in function of the different habitats and species concerned and local conditions. While there are many good examples of the successful restoration or creation of new habitats for wetland birds or for amphibian reproduction, for many species and habitats effective techniques for restoration are still not well-known or available. In all cases, the restoration and recreation of ecosystems and habitats of species for compensation purposes must be based on sound knowledge of restoration ecology (41). In some cases, adequate compensation through restoration may not be possible. This can be the case, in particular, in the following situations: Where localities crucial for endangered species or habitat types are to be destroyed but cannot be replaced by similar key locations (e.g. suitable locations that play a similar role in the species range than the ones affected). Where restoration is not feasible, either because it would require an extremely long time (e.g. a bog would require a few thousand years to be effectively restored), or due to the current lack of knowledge on the restoration ecology of the species or habitat type (e.g. this could be the case for limestone springs or natural alkaline fens). When there is no guarantee of the effective restoration or reinstatement of damaged habitats and species, compliance with Article 6(4) is not ensured. In the situations described above, however, it may still be possible, as a compensatory measure, to designate, protect and manage a new site hosting a suitable area of the same habitat(s) affected (see above in Table 12).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.