1. Implementation of Article 6(4), first subparagraph of Directive 92/43/ECC during the period

2. Legal requirement for MS to inform the Commission of the compensatory measures (art. 6(4) subp. 1)
Most MS do not comply with this legal provision on a regular and systematic basis
Written question EP: Cases in which Art. 6(4) was applied in 2004, 2005 and 2006 in the MS?
Commission committed to take the appropriate steps to remind the MS of their obligations and provide with a summary of the implementation of this legal provision
Three reminders were sent to MS to collect information on the use of compensation

3. Overview of the information submitted by MS
42 cases: 15 PT, 10 DE, 7 ES, 4 IT, 2 HU, 3 AT and 1 LU
Art. 6(4) subp. 1 was not applied in 8 MS in 04-06: CZ, DK, EE, LT, LV, NL, SE and SK
9 MS did not provide substantial feedback: BE, CY, EL, FI, FR, IE, MT, PL and SI
Type of plans/projects: Large infrastructures (6 motorways, 4 airports, 1 train line), 11 wind farms, 5 urban developments

4. Standard format not used by MS
Insufficient, poor and very general information submitted
MS struggle with the development of appropriate assessments under Art. 6(3)
Information not reflecting properly the impacts
Crucial issue: knowledge on the implications of plans/projects is a necessary prerequisite for applying art. 6(4)
Nature of compensation requires damage to the site to be precisely identified

5. Compensation measures
Misunderstanding of compensatory measures
Mitigation <> Compensation
Not related to impacts produced or not offsetting for the effects
Not additional actions to normal practice
No information on budget or time-frame
BUT also good examples: reinforcement of prey species, restoration of habitats, reduction of threats

6. Conclusions - Next steps
MS not following systematic approach
Need for improving the quality of information submitted
Lack of understanding of the purpose of compensation
Need for developing a better system for collecting appropriate information
Facilitate a better implementation of the legal obligations
Discussions: Reporting working group
Guidance document 2007