The new Industrial Emissions Directive

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Habitats Directive
Obligations for the conservation of habitats: legal protection regime for proposed sites of Community importance (pSCI), sites of Community importance (SCI) and special areas of conservation (SAC)

 
  • Assessment of plans and projects and compensatory measures
    (Article 6 (3) and 6 (4))

→ Article 6 (4):

Article 6 (4) applies in cases of negative assessment, i.e. no consent under Article 6 (3) due to adverse effects or uncertainty.

The provisions of Article 6 (4) apply when the results of the preliminary assessment under Article 6 (3) are negative or uncertain. The sequential order of its steps has to be followed.

In exceptional circumstances, a plan or project may still be allowed to go ahead, provided that there are no alternative solutions and that the plan or project is considered to be of overriding public interest (cf. C-182/10), such as health or public safety (cf. C-404/09, point 194; C-43/10, points 123 ff).

An overriding public interest only exists where it is of such importance that it can be weighed up against the conservation objective (cf. C-182/10, point 75). Irrigation and the supply of drinking water can meet this importance (cf. C-43/10, points 122 and 125 f.); the construction of a management centre, however, does not (cf. C-182/10, point 78).

European Commission: it is reasonable to consider that the ‘imperative reasons of overriding public interest, including those of a social and economic nature’ refer to situations where plans or projects envisaged prove to be indispensable:
  • within the framework of actions or policies aiming to protect fundamental values for citizens’ lives (health, safety, environment);
  • within the framework of fundamental policies for the state and society;
  • within the framework of carrying out activities of an economic or social nature, fulfilling specific obligations of public service.

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