1. PROVISIONS UNDER THE HABITATS DIRECTIVE RELEVANT TO NEEI
GUIDANCE ON NON-ENERGY EXTRACTIVE INDUSTRIES (NEEI) AND NATURA 2000 _______________________________________________
PROVISIONS UNDER THE HABITATS DIRECTIVE RELEVANT TO NEEI
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Habitats Directive
Objectives (art. 2): to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest
Ensuring bio-diversity in the European territory of the Member States.
Measures taken pursuant to this Directive shall take account of economic, social and cultural requirements and regional and local characteristics.

3. Favourable Conservation Status
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Favourable Conservation Status
Habitat:
its natural range and areas it covers within that range are stable or increasing,
the structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future,
the conservation status of its typical species is favourable - -

4. Favourable Conservation Status
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Favourable Conservation Status
Species:
viable population is maintained on a long-term basis
the natural range of the species is neither being reduced nor is likely to be reduced in the future
there is, and will probably continue to be, a sufficiently large habitat to maintain its populations on a long-term basis.

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Favourable Conservation Status
Surveillance and monitoring:
Member States shall undertake surveillance of the conservation status of the natural habitats and species, with particular regard to priority natural habitat types and priority species (art. 11).
Every six years, Member States shall report on the implementation of the measures taken under the Directive and the conservation status of natural habitats and species (art. 17). - -

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Natura 2000 network
The process:
Every country has designated Natura 2000 sites to help conserve the rare habitats and species present in their territory.
MS sent their proposals on the basis of the criteria set out in Annex III and relevant scientific information.
Each Member State shall contribute to the creation of Natura 2000 in proportion to the representation within its territory of the natural habitat types and the habitats of species.
Natura 2000 shall be a coherent European ecological network, which shall enable the maintenance in a favourable conservation status of all habitats and species of community interest in their natural range.
The overall coherence of the Natura 2000 network results from the contribution of each of the sites to ensure the preservation of the habitats and species protected by the ‘nature’ directives.

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Natura 2000 management
Article 6
6.1 - MS shall establish the necessary conservation measures (management plans, statutory, administrative or contractual measures taking account of the ecological requirements of the natural habitats and species.
6.2 - Avoid, in the Natura 2000 areas, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated-

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Natura 2000 management
Article 6.3
- Any plan or project likely to have a significant effect on the site shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives.
- The competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site and, if appropriate, after having obtained the opinion of the general public.

9. Appropriate assessment
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Appropriate assessment
consider:
the conservation objectives of the site - habitats and species for which the site is designated, their ecological requirements, species home range, habitat use etc.
integrity of the site – all factors that contribute to the maintenance of the structure and function of a site (incl. structural assets, as habitats and species, and functional assets, as biomass production, etc.)
effects on the conservation status of habitats and species in the site
importance of the site for the coherence of the network (relative importance for the species and habitats targeted).

10. Compensatory measures (art. 6.4) :
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Compensatory measures (art. 6.4) :
In the case of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project can only be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, and the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected.
It shall inform the Commission of the compensatory measures adopted.
Where the site concerned hosts a priority habitat and/or a priority species, the only considerations which may be raised are those relating to human health or public safety, to beneficial consequences of primary importance for the environment or, further to an opinion from the Commission, to other imperative reasons of overriding public interest.

11. Compensatory measures
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Compensatory measures
– good practice :
- Study all alternative solutions. The alternative proposed is the least damaging for habitats and species
- Imperative reasons of overriding public interest (relating to human health or public safety, to beneficial consequences of primary importance for the environment for priority habitats and species)
- Compensatory measures specific to the targets - fitted to the precise purpose of offsetting the effects of the plan or project on the integrity of Natura 2000 site affected
- The Commission shall be informed about the compensatory measures adopted
- The compensatory measures shall aim to maintain the overall coherence of the network

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