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Nature Conservation 3/2011 — 7. 10. 2011 — Nature Conservation Legislation — Print article in pdf
Compensatory Measures Pursuant to Article 6.4. of the Habitats Directive
Compensatory measures under Article 6.4 of Council Directive 92/43/EEC (Habitats Directive) are one of the protection tools for the overall coherence of the European Communitys Natura 2000 network.
In the case, that the plan or project has a significant negative affect on the Natura 2000 network and there are no alternatives without that affect, the project is realizable only for imperative reasons of overriding public interest, including social or economic ones. Compensatory measures are the result of pre-established procedure, which is very costly and time consuming. In the Czech legislation compensatory measures can be found in § 45i, paras 9–11 of Act No. 114/1992 Gazette on the Protection of Nature and the Landscape, as amended later. The Act, with one exception, correctly reflects Article 6.4 of the Habitats Directive. In the article the author also deals with application of compensatory measures in practice. He describes the only case of application of compensatory measures in the Czech Republic, namely the amendment to the spatial/territorial plan of the city of Břeclav. The other case concerns the expansion project of the port Le Havre in the Seine Estuary Special Protection Area in NW France.