3.3.2. Step 2: Examining imperative reasons of overriding public interest (IROPI)

In the absence of alternative solutions with no adverse effect on the integrity of the Natura 2000 site concerned or in the presence of solutions having even more negative environmental effects on the site, the competent authorities must examine whether there are imperative reasons of overriding public interest, including those of a social or economic nature, that would justify the realisation of the plan or project in question. When determining IROPI, a competent authority must consider all of the elements, i.e. whether it is : imperative: the plan or project serves an essential public interest, rather than private interests; overriding: the interest served by the plan or project outweighs the harm (or risk of harm) to the integrity of the site as identified in the appropriate assessment; of public interest: for instance it is a fundamental part of public policies for the State and society. Public interests can occur at national, regional or local level, but, whatever the level, the other elements of the test must also be met. In practice, plans and projects which are consistent with national or regional strategic plans or policies (e.g. identified within a national infrastructure plan) are more likely to be of public interest. However, consideration would still need to be given to whether, in a specific case, that interest outweighs the harm that will be done to the affected sites and therefore whether IROPI can be demonstrated. Plans or projects that fall outside national strategic plans, including those at a lower geographic scale, may also be able to show IROPI. IROPI must be assessed on a case-by-case basis in light of: (i) the objective of the particular plan or project; and (ii) its particular impact on the Natura 2000 sites affected as identified in the appropriate assessment.

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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.