lexiara

2.1. The stages of the Article 6(3) and 6(4) procedure

COMMISSION NOTICE Assessment of plans and projects in relation to Natura 2000 sites – Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC · European Union

Article 6, paragraphs 3 and 4, states the following: Article 6(3) and (4) sets out a step-by-step procedure for assessing plans or projects that are likely to have impact on Natura 2000 sites. This involves three main stages: Stage one: screening . The first part of the procedure consists of a pre-assessment stage (‘screening’) to ascertain whether the plan or project is directly connected with, or necessary to, the management of a Natura 2000 site, and, if this is not the case, then whether it is likely to have a significant effect on the site (7) (either alone or in combination with other plans or projects) in view of the site’s conservation objectives. Stage one is governed by the first part of the first sentence of Article 6(3). Stage two: the appropriate assessment . If likely significant effects cannot be excluded, the next stage of the procedure involves assessing the impact of the plan or project (either alone or in combination with other plans or projects) against the site’s conservation objectives, and ascertaining whether it will affect the integrity of the Natura 2000 site, taking into account any mitigation measures. It will be for the competent authorities to decide whether or not to approve the plan or project in light of the findings of the appropriate assessment. Stage two is governed by the second part of the first sentence and the second sentence of Article 6(3). Stage three: derogation from Article 6(3) under certain conditions . The third stage of the procedure governed by Article 6(4). It only comes into play if, despite a negative assessment, the developer considers that the plan or project should still be carried out for imperative reasons of overriding public interest. This is only possible if there are no alternative solutions, the imperative reasons of overriding public interest are duly justified, and if suitable compensatory measures are adopted to ensure that the overall coherence of Natura 2000 is protected. Each stage of the procedure is influenced by the previous one. The order in which the stages are followed is therefore essential for applying Article 6(3) and (4) correctly. Figure 1 gives a flow chart of this procedure.

· All articles ·

Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.