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):
Nevertheless, alternatives must be examined if it cannot be ruled out immediately that they were capable of amounting to alternative solutions. This requires a comparative assessment of alternatives. Generally, by examining an alternative, the specific proportionality test must be applied.
The appreciation of conditions for derogation depends on a proper assessment under Article 6 (3) – alternatives can only be chosen if impacts are known and balancing other interests with impacts on the site requires precise knowledge (cf. C-304/05, point 83).
In the case of special circumstances allowing the Member State to go ahead with its project, it must take appropriate compensatory measures to ensure that the overall coherence of the Natura 2000 network is protected. Appropriate compensation can only be put in place when it is determined in the light of the impact (cf. C-304/05, point 83). Compensation must specifically address the adverse effects.
Further reading:
The Commission has set up a number of general interpretative and methodological guidance documents on specific provisions of Article 6 in order to provide a better understanding and correct application of the Article.