Source: European Parliament
The Commission is committed to ensuring that Natura 2000 sites are safeguarded against adverse effects from infrastructure projects.
To assess the adequacy of current safeguards, in particular stemming from the Habitats Directive (HD)[1], the Commission regularly monitors the implementation of EU environmental legislation, including the HD and the Environmental Impact Assessment Directive[2].
The Commission also works closely with Member States to provide guidance and support in the implementation of these Directives.
Emergency legislation can be used to introduce derogations from EU environmental law, but such derogations must be strictly limited to what is necessary to address the emergency situation and must not compromise the overall protection of the environment.
Article 6(4) of the HD allows for derogations from the prohibition on plans or projects that may have a significant impact on a Natura 2000 site, but only in exceptional circumstances, when no other alternatives are available and mitigation measures are not enough, and subject to strict conditions.
Any derogations introduced via emergency legislation must be carefully assessed to ensure that they are necessary, proportionate, and do not compromise the integrity of the Natura 2000 site or its network as a whole.
Without prejudice to the Commission’s role as guardian of the Treaties, Member States are primarily responsible for ensuring compliance with EU law.
In line with its strategic approach on enforcement action[3], which focuses on cases of systemic non-compliance, the Commission considers that the means of redress available under national legislation would be the most appropriate mechanism to address individual cases of possible non-compliance.
- [1] Articles 6(3) and (4): Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, OJ L 206, 22.7.1992, p. 7-50.
- [2] Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment, OJ L 26, 28.1.2012, p. 1-21, as amended by Directive 2014/52/EU of the European Parliament and of the Council of 16 April 2014, OJ L 124, 25.4.2014, p. 1-18.
- [3] As set out in the communication of 19 January 2017 (EU law: Better results through better application — C/2016/8600, OJ C 18, 19.1.2017, p. 10-20) and in the communication of 13 October 2022 COM(2022) 518 final — Enforcing EU law for a Europe that delivers.