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COMMISSION NOTICE Assessment of plans and projects in relation to Natura 2000 sites – Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC

guidance · European Union · 52021XC1028(02)

55 provisions

Defined terms · All instruments

1 INTRODUCTION
1.1 Purpose and nature of the document
1.2 Structure
2 GENERAL APPROACH AND PRINCIPLES
2.1 The stages of the Article 6(3) and 6(4) procedure
2.2 Approach to decision making
3 THE ARTICLE 6(3) AND 6(4) METHODOLOGY
3.1 Stage 1: Screening
3.1.1 Step 1: Ascertain whether the plan or project is directly connected with, or necessary to, the management of a Natura 2000 site
3.1.2 Step 2: Description of the plan or project and its impact factors
3.1.3 Step 3: Identify which Natura 2000 sites may be affected by the plan or project
3.1.4 Step 4: Assess whether likely significant effects can be ruled out in view of the site's conservation objectives
3.1.5 Conclusions: decision based on the outcome of the screening
3.2 Stage 2: Appropriate assessment
3.2.1 Step 1: Collect information on the project and on the Natura 2000 sites concerned
3.2.2 Step 2: Assessing the implications of the plan or project in view of the site's conservation objectives, individually or in combination with other plans or projects
3.2.3 Step 3: Ascertain the effects of the plan or project on the integrity of the Natura 2000 site
3.2.4 Step 4: Mitigation measures
3.2.5 Conclusions of the appropriate assessment
3.2.6 Further considerations: consultations, quality of the appropriate assessment, access to justice
3.3 Stage 3: Procedure under Article 6(4)
3.3.1 Step 1: Examining alternative solutions
3.3.2 Step 2: Examining imperative reasons of overriding public interest (IROPI)
3.3.3 Step 3: Identification, assessment and adoption of compensatory measures
4 STRATEGIC PLANNING AND APPROPRIATE ASSESSMENT OF PLANS
4.1 Strategic planning
4.2 Appropriate assessment of plans
4.3 Sensitivity mapping
4.4 Consultation and dialogue in strategic planning
5 LINKS WITH OTHER ENVIRONMENTAL ASSESSMENT PROCEDURES: EIA, SEA, WATER FRAMEWORK DIRECTIVE
5.1 Streamlining environmental assessments
5.2 Environmental impact assessment, strategic environmental assessment and the appropriate assessment
5.2.1 Opportunities for and benefits of streamlining EIA/SEA and appropriate assessment
5.2.2 Specific features of the appropriate assessment and differences with EIA/SEA procedures
5.2.3 Relationship between SEA/EIA/appropriate assessment and the strict species protection provisions of the Nature Directives
5.3 Assessments under Article 4(7) of the Water Framework Directive, coordinated or integrated with the Article 6(3) procedure under the Habitats Directive
6 KEY REFERENCES
sec_annex ANNEX
sec_examples_of_practices_case_studies_methods_and_n EXAMPLES OF PRACTICES, CASE STUDIES, METHODS AND NATIONAL GUIDANCE
sec_introduction Introduction
1 SCREENING AND APPROPRIATE ASSESSMENT: APPROACHES, METHODS, EXAMPLES FROM MEMBER STATES
1.1 Information and practical tools to support the screening and the appropriate assessments (AA)
1.2 Guidance for the assessment
1.3 Appropriate assessment of a national electricity programme in Ireland – assessment of cumulative effects
2 IMPERATIVE REASONS OF OVERRIDING PUBLIC INTEREST (IROPI)
2.1 Examples of various types of IROPI and their justification
3 COMPENSATORY MEASURES
3.1 Examples of compensatory measures under Article 6(4)
3.2 Time-related aspects of compensation measures
4 LINKS BETWEEN ENVIRONMENTAL ASSESSMENT PROCEDURES: AA, EIA, SEA
4.1 Comparison of procedures under appropriate assessment (AA), EIA and SEA
5 STRATEGIC PLANNING – ASSESSMENT OF PLANS
5.1 Example: Planning of highways in Austria
5.2 Example: Strategic planning of new hydropower developments in the Danube
5.3 Example: Spatial plan for offshore wind farms and grid connections in the German North Sea EEZ