Permitting procedure (original) (raw)
Overview
When a new plan or project is likely to have a significant negative effect on a Natura 2000 site, to get it approved EU Member States’ authorities and the plan orproject promoters must follow a specific procedure.
Exceptions
In exceptional cases, a plan or project may be approved even if it has an adverse effect on a Natura 2000 site.
Under Article 6(4) of the Habitats Directive exceptions are possible for certain plans or projects, if
- they are considered necessary for imperative reasons of overriding public interest
- there are no other alternatives
- and all the necessary compensatory measures are in place to ensure that the overall coherence of the Natura 2000 Network is protected
Member States must inform the Commission of all plans and projects approved under Article 6(4) using a standard format.
The Commission regularly prepares summary reports on the implementation of Article 6(4) by Member States:
If a plan or project adversely affects priority habitat types or species, the conditions of overriding public interest are even stricter. They can only be justified for the imperative reasons of overriding public interest concerning
- human health and public safety
- beneficial consequences for the environment
- or other reasons, on condition that an opinion of the Commission has been given before granting the approval
The opinions issued by the Commission to date can be found here.
Renewable energy
Strategic planning
A strategic analysis of new plans and projects can be effective in avoiding potential conflicts with Natura 2000 sites and EU protected species.
This can be done through regional or national development plans for sectoral activities, such as in the energy sector, transport, extractive activities, aquaculture, or through land-use or other spatial plans.
Strategic planning is useful for developers as it provides more certainty for the project authorisation, on condition that environmental concerns have been taken into account early in the decision-making process.
Integrated planning also offers new opportunities to identify potential win-win solutions that benefit both the sector concerned and the natural environment.