3.1.5. Conclusions: decision based on the outcome of the screening

Deciding whether a plan or project is likely to have significant effects on a Natura 2000 site will have practical and legal consequences. Plans and projects that are considered not likely to have significant effects beyond reasonable doubt can be processed without reference to the subsequent steps of Article 6(3). Just like the appropriate assessment stage, the screening stage must conclude with a written substantiated decision by the competent authority in order to provide a record of the reasons for reaching this conclusion. The opinion of the management body of the Natura 2000 site should also be taken into consideration in drafting the conclusions. The decision should also be made publically available. Although the text of the directive makes no explicit reference to this, the Court has recognised that public participation is required also in the screening phase of Article 6(3) (Case C-243/15, paragraphs 46-49). In addition, the Court has recognised the right for NGOs to challenge the screening decision taken by the authorities (Case C-243/15, paragraphs 56-61). As the mere possibility of there being a significant effect on the site will trigger the need for an appropriate assessment, this decision can be taken either after a thorough examination of the plan or project, or on the basis of a simple analysis where it is already anticipated that there are likely to have significant effects (due to the type, size or scale of the plan or project, the characteristics of the Natura 2000 site or because of a high risk of combined effects with other plans or projects). This will enable the appropriate assessment to start as soon as possible. In case of doubt, i.e. if it cannot be excluded, on the basis of available information, that a plan or project can have a significant effect on a Natura 2000 site, either individually or in combination with other plans or projects, the plan or project must be subject to an appropriate assessment. The screening decision should also ideally provide some guidance on the scope of the appropriate assessment that is to follow and on likely significant impacts to be studied (22). In the case of a plan, this should also cover all Natura 2000 sites which could be affected by the plan. Box 8 provides a screening analysis template.

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