Article 6: compensation v. mitigation measures

ClientEarth’s briefing series ‘European protected areas – navigating the legal landscape’ provides a broad overview of the legal landscape surrounding Article 6 of the Habitats Directive. It is designed to provide the key legal information needed to engage in discussions relating to developments, or plans for developments, in or around Natura 2000 sites.

In this seventh briefing of the series, we provide a short and simple overview of the distinction between mitigation and compensation measures for the purposes of Article 6 of the Habitats Directive. We also examine the applicability of mitigation and compensation measures to Articles 6(3) and 6(4).

All briefings in this series:

Briefing 1: An overview of Natura 2000

Briefing 2: Article 6 (3) The test of likely significant effect and appropriate assessments

Briefing 3: The importance and meaning of 'site integrity' (Article 6(3))

Briefing 4: Article 6(3): the precautionary principle and proportionality

Briefing 5: Article 6(4): The precautionary, proportionality, and subsidiarity principles

Briefing 6: Article 6(3) What constitutes a plan or project

[Briefing 7: Article 6: compensation v. mitigation measures - download from this page]

Briefing 8: Article 6(4): Absence of alternative solutions and imperative reasons of overriding public interest

Size 112 KB
Published November 1, 2015
Found in Protected AreasWildlife