(d) Evaluation and monitoring of compensatory measures under Article 6(4)
To comply with the obligation to maintain the coherence of the Natura 2000 network, the programme of compensatory measures under Article 6(4) must demonstrate their effectiveness and provide documentation for this. Geographical location, extent and timing are all determining factors for successful compensation. Adequate compensation ratios are also crucial to ensure effectiveness of compensation before the plan or project impacts appear. The design and implementation of the compensatory measures must be comprehensive and scientifically sound, i.e.: The conservation objectives, key features and ecological functionality to be compensated are targeted in the correct proportion. The accompanying measures required, including technical, administrative and financial, have been incorporated. The timetable for implementing the individual tasks within each measure, including provision for maintenance works and monitoring, is sufficiently detailed. The scientific basis proving the effectiveness of each compensatory measure is explained and evidenced specifically for the impact it aims to offset. The time scale for accomplishing the expected results from each of the proposed measures is stated. The prioritisation of the measures’ implementation is justified based on the Natura 2000 conservation objectives and scientific evidence. Some critical elements for effective compensation measures in relation to their location, timing and extent are presented below. Examples of how these elements have been applied in practice are provided in Section 3 of the Annex. Table 12 Key elements for effective compensatory measures The delivery of effective compensation should be verified through adequate monitoring. Effective monitoring process may require the following elements: a monitoring plan agreed with the competent authority; contracting a specialised company or another entity to carry out the monitoring; identification of elements to be monitored: features of fauna and flora, water flows, soil quality, etc.; agreement on the reporting timeline (annual, biennial, etc.); agreement on the monitoring report; documentation of the progress of works (pictures, field reports, etc.); mechanism for storing and sharing the results; cooperation with scientists with a view to publishing the results of compensation in a scientific paper. The monitoring and evaluation of compensatory measures must also allow for the possibility to factor in adverse negative effects on Natura 2000 sites that could not be foreseen in the appropriate assessment. Moreover, if the compensatory measures turn out not to be sufficient to outweigh these new impacts, they may need to be amended so that the ultimate aim of ensuring the overall coherence of the Natura 2000 network remains feasible. Monitoring of compensation measures should be closely coordinated with the overall monitoring of impacts and mitigation measures (see section 3.2.4). This approach is consistent with the requirement in EU policy to coordinate monitoring programmes arising from different pieces of legislation, for an improved efficiency in their administration. In some cases, adaptive management – which is a systematic approach for improving and adjusting conservation action by learning from management outcomes – may be required and secured through a legal agreement. In this context, adaptive management can be used to improve the implementation of compensatory measures where there may be uncertainties triggering the need for regular evaluation of the measures’ actual outcomes. This is particularly relevant where the scale of impact and therefore the scale of compensation is not clear (e.g. when compensating for impacts arising from coastal flood defence development landward of a protected site).
Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.