§3.3 Stage 3: Procedure under Article 6(4)

Article 6(4) allows for exceptions to the general rule of Article 6(3) but its application is not automatic. It is up to the authority to decide whether a derogation from Article 6(3) can be applied. Article 6(4) must be applied in the sequential order established by the Directive – that is, after all the provisions of Article 6(3) have been undertaken in a satisfactory manner. See further details in the Article 6 Guide – section 5.2. Plans or projects for which the appropriate assessment could not conclude that they will not affect the integrity of the sites concerned may only be approved by the competent authorities if a derogation is sought in accordance with the provisions of Article 6(4). These provisions entail three key requirements that must be met and documented: 1. alternatives have been considered and it can be demonstrated that the alternative put forward for approval is the least damaging for habitats and species and for the integrity of the Natura 2000 site, and that no other feasible alternative exists that would not adversely affect the integrity of the site; 2. there are imperative reasons of overriding public interest, including ‘those of a social or economic nature’; 3. all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected are taken. These three main requirements are discussed in the following sections.

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