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Links between the Water Framework Directive and the Nature Directives

• Frequently Asked Questions

 

Commission notes

• Designation of Special Areas of Conservation (SACs)
• Setting conservation objectives for Natura 2000 sites
• Establishing conservation measures for Natura 2000 sites (in preparation)

 

Guidance

Article 6 - Managing and protecting Natura 2000 sites

Article 6 is one of the most important articles in the Habitats Directive as it defines how Natura 2000 sites are managed and protected. 

Paragraphs 6(1) and 6(2) require that, within Natura 2000, Member States:

• Take appropriate conservation measures to maintain and restore the habitats and species for which the site has been designated to a favourable conservation status;

• Avoid damaging activities that could significantly disturb these species or deteriorate the habitats of the protected species or habitat types.

Paragraphs 6(3) and 6(4) lay down the procedure to be followed when planning new developments that might affect a Natura 2000 site. Thus:

• Any plan or project likely to have a significant effect on a Natura 2000, either individually or in combination with other plans or projects, shall undergo an Appropriate Assessment to determine its implications for the site. The competent authorities can only agree to the plan or project after having ascertained that it will not adversely affect the integrity of the site concerned (Article 6.3)
• In exceptional circumstances, a plan or project may still be allowed to go ahead, in spite of a negative assessment, provided there are no alternative solutions and the plan or project is considered to be of overriding public interest. In such cases the Member State must take appropriate compensatory measures to ensure that the overall coherence of the N2000 Network is protected. (Article 6.4)

Article 6 – General Commission Guidance

To assist in the understanding and correct application of this Article 6 procedure, the Commission has produced a number of general interpretative and methodological guidance documents on specific provisions of the Article:

Guidance document: Managing Natura 2000 sites (2000)

• Managing Natura 2000 sites: The provisions of Article 6 of the 'Habitats' Directive 92/43/EEC

(~730KB; except [el] ~3,800KB)
The Polish version includes an updated version of Chapter 5 from 2007.

Guidance document on the Assessment of Plans and Projects significantly affecting Natura 2000 sites (November 2001)

Methodological guidance on the provisions of Article 6 (3) and (4) of the Habitats Directive 92/43/EEC

• Assessment of plans and projects significantly affecting Natura 2000 sites
  
  (670KB; [de] and [pt] are text only)

Guidance document on Article 6(4) (updated on 7.12.2012)

Clarification of the concepts of: alternative solutions, imperative reasons of overriding public interest, compensatory measures, overall coherence, Opinion of the Commission. (Version 2007 including revised form according to Habitat Committee 26.4.2012 for submission of information to the European Commission).

If you have any further questions to this point, please do not hesitate to contact the European Commission via e-mail:  nature[AT]ec.europa.eu

• Guidance document on Article 6(4) of the Habitats Directive 92/43/EEC (~300KB as pdf format)
  
  
  

• Form for Article 6(4) for submission to the European Commission (~55kB as doc-format)
  
  
  
  

   

Article 6(4) Commission Opinions

The second subparagraph of Article 6(4) provides for a special treatment whenever the plan or project concerns a site hosting priority habitats and/or species. The realisation of plans or projects likely to adversely affect these sites can be justified only if the evoked imperative reasons of overriding public interest concern human health and public safety or overriding beneficial consequences for the environment, or if, before granting approval to the plan or project, the Commission expresses an opinion on the initiative envisaged.

• European Commission Opinions issued according to Article 6 (4) of the Habitats Directive

Article 6 - Sector Specific Guidance

The Commission is also in the process of developing sector-specific guidance in the following policy areas: non-energy extractive industries, wind farm development, ports and estuaries, inland waterway transport, aquaculture. The overall objective of these guidance documents is to establish a better understanding of how to apply the Article 6 procedure to developments plans and projects in each of these sectors and to provide further advice on how to carry out an Appropriate Assessment in particular. 

These guidance documents, which are developed in close cooperation with the stakeholders concerned, will be uploaded on the present webpage once they have been finalised.

Guidance on Aquaculture and Natura 2000 - Sustainable aquaculture activities in the context of the Natura 2000 Network
Inland waterway transport and Natura 2000 - sustainable inland waterway development and management in the context of the EU Birds and Habitats Directives
The implementation of the Birds and Habitats Directives in estuaries and coastal zones (390Kb) Leaflet presenting the guide: For the policy context, see the Commission Staff Working Document: Integrating biodiversity and nature into port development (58Kb)
Wind energy developments and Natura 2000 (~4MB) Leaflet presenting the guide:
Non-energy mineral extraction and Natura 2000 (~4,6MB) Leaflet presenting the guide:

all documents downloadable from this page are in pdf format