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Under the EIA Directive, mitigation and compensation measures are envisaged to avoid, prevent or reduce and, if possible, offset likely significant adverse effects on the environment, in particular on species and habitats protected under the Birds and Habitats Directives. Thus, compensation measures can also be considered in the context of the mitigation hierarchy to offset residual impacts with the aim to avoid any net loss of biodiversity. By contrast, in the case of plans and projects assessed under the Habitats Directive, mitigation measures to avoid, prevent or reduce significant adverse effects on the site’s integrity are considered under the Article 6(3) appropriate assessment, but compensatory measures to offset residual impacts are used as a last resort only under the procedure of Article 6(4). This would take place if it is decided to proceed with the plan or project despite the negative conclusion of the appropriate assessment. In such case, it must first be demonstrated that no alternative solutions exist that would avoid affecting the integrity of Natura 2000 sites and that the plan or project is justified for imperative reasons of overriding public interest.

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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.