Source: European Parliament
1. In relation to the project referred to by the Honourable Member, the Commission has asked Italy to provide some clarifications on the implementation of Article 6(4) of the Habitats Directive[1]. This provision allows Member States to authorise, under certain conditions, projects likely to have a negative impact on a Natura 2000 site if they are justified under imperative reasons of overriding public interest and all the necessary compensatory measures are taken. Member States are required to inform the Commission about those measures. A prior step is an appropriate assessment of all the impacts expected from the project, taking into account the conservation objectives established for the concerned Natura 2000 site, in accordance with the provisions of Article 6(3) of the directive.
The requested clarifications concern namely the nature of the reasons that would justify the authorisation of the project despite a negative assessment of its impacts, as well as the adequacy of the site-specific conservation objectives for the Natura 2000 site to be impacted by the project.
Italy has not yet provided the requested clarifications but has communicated that, in the meanwhile, the regional authorities have suspended the project.
2. A Commission opinion is required where the site concerned by the project hosts a priority habitat type or species and the project is carried out for imperative reasons of overriding public interest other than those related to human health, public safety, or beneficial consequences of primary importance for the environment.
3. The Commission has not set any specific deadline for Italian authorities to reply to the note of 15 February 2024, mentioned by the Honourable Member.
- [1] 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.