The Appropriate Impact Assessment and Authorisation Requirements of Plans and Projects likely to have significant impacts on Natura 2000 sites

Abstract

In 1979 the EU enacted the Birds Protection Directive, and in 1992 a sister directive, Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (the “Habitats Directive”). In addition, a clear commitment to halting the loss of biodiversity in the EU has been made in the Commission’s Communication on Halting the Loss of Biodiversity by 2010 - and Beyond. The aim of this article is to shed a light on the procedural requirements laid down under Article 6(3) and (4) of the Habitats Directive, a key provision for implementing the EU’s system of protecting and preserving biological diversity in the Member States. The contribution examines the assessment procedure and the authorisation scheme. It also takes a look at the possibility for the Member States to authorise a plan or a project adversely affecting the integrity of a protected site. Furthermore, the article examines the relationship between the different impact studies provided for under EU environmental law.