§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. Box 8 Screening analysis template Summary description of the plan or project and main aspects likely to cause impacts Objectives of the plan or project and its main characteristics/activities during different phases (e.g. construction, operation and decommissioning, if appropriate). Summary description of the Natura 2000 sites and their key features Habitats and species for which the sites have been designated and their conservation objectives. Description of individual aspects of the plan or project that could generate impacts on Natura 2000 sites including: — size and scale; — distance from the Natura 2000 sites; — land-take (direct/indirect); — resource requirements (e.g. water abstraction, soil/mineral excavation); — emissions (disposal to land, water or air); — transportation requirements; — duration and timing of construction, operation, decommissioning; — range of impact factors (e.g. noise, nitrogen deposition, turbidity). Description of likely effects on the Natura 2000 sites in view of the specific conservation objectives set out for the designating features, including: — reduction of habitat area, habitat degradation or fragmentation; — disturbance to species, reduction in species populations and density; — changes in ecological functions and/or features that are essential for the ecological requirements of habitats and species (e.g. water quality and quantity); — interference with the key relationships that define the structure and function of the site. Description of likely impacts in combination with other plans or projects: — impact factors to be considered for cumulative effects; — list and description of projects that may contribute to cumulative effects; — assessment of the extent and significance of cumulative effects in view of the site-specific conservation objectives. Criteria for assessing significance, indicators of significance, in view of the site-specific conservation objectives e.g.: — degree of habitat loss (absolute, relative), changes in habitats structure; — risk of species populations’ displacement, level of disturbance, reduction of species home range, feeding area, refuge areas, alteration of favourable condition for breeding; — importance of the habitats and species affected, e.g. representativeness, local variety; — importance of the site (e.g. limit of distribution area for certain habitats and species, stepping stone, important for ecological connectivity); — disruption or alteration of ecological functions; — changes to key ecological features of the site (e.g. water quality). Conclusions: Description, based on the above information, of the aspects of the plan or project, or combination of aspects, that are likely to cause significant impacts and the ones in relation to which the character or magnitude of impacts is not known. Likely significant effects: ☐ No ☐ Yes or uncertain

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Source: EUR-Lex (Cellar) · retrieved 2026-09-07