Permitting under Article 6 (3) of the Habitats Directive

Number: 2016/15 - 2017/19
Status: Ongoing
Period: 2016

Terms of Reference

• Terms of reference

Project report(s)

• Roadmap for a planning tool (Habitats Directive Project 2017/19 – part 2)

Project description and aims

The Birds and Habitats Directives are central to achieving the EU 2020 target of halting and reversing the loss of biodiversity endorsed by Heads of State and Government. The Commission has adopted an ambitious strategy to achieve this objective, comprised of six targets. Target 1 of this Strategy is focused on “Full implementation of EU nature legislation to protect” biodiversity and requires a significant improvement in conservation status.

In 2012 – 2014 the “Study on Evaluating and Improving the Article 6.3 Permit Procedure for Natura 2000 Sites” was carried out by the Commission. Only nature authorities were involved in it. A big variety of different approaches have been applied in practice. In total it was found that the Article 6.3 permit procedure is functioning well. However, some countries/regions some countries reported that there is still an overall lack of understanding of, or willingness to accept, the Article 6.3 procedure amongst certain authorities and/or sectors. Several countries reported that there was still a real need to set up a more systematic and consistent framework for assessment, provide skills training and locally adapted guidance.

Quarries and open cast mining (2016-2017)

The main objective of this project is to contribute to the continuing development of capacity within IMPEL and to the gather forces and share of experience between MS to assure proper implementation and enforcement of the Nature directives at national level, to promote nature
conservation and explore the implementation and enforcement of article 6 (3) of the HD Directive on Non-Energy Mineral extraction sector, more specifically on quarries and open cast mining, by providing:

1. An evaluation of the applicability of the EU Guidance Document “Non-Energy Mineral extraction
   and Natura 2000”, on the subject of quarries and open cast mining (for production of stones, sand
   (pits), chalk, gravel, and other products for civil construction, industry, etc.); and
2. To explore, analyze and report the practices, with concrete examples, of MS on application of Art
   6(3) of the HD concerning this sector.

In 2017 the project continues to contribute to the development of capacity within IMPEL and to the gather forces and share of experience between MS to ensure proper implementation and enforcement of the Nature directives, to promote nature conservation.

To achieve such an objective project in 2017 aims to explore the implementation and enforcement of article 6 (3) of the HD Directive on Non-Energy Mineral extraction sector, more specifically on quarries and open cast mining, by providing:
a) Development of a guidance document on inspection of quarries and open cast mining with sites situated within or close to Natura 2000 sites
b) Setting up a roadmap for the development of planning tool concerning inspection of nature protected sites (including the option of using the IRAM-Tool).

Lead country and contact

• Germany
  Gisela Holzgreafe
• Portugal
  Ana Garcia
• Spain
  Iñaki Bergareche Urdampilleta

Related files/information

• Guidance on management of Natura 2000 sites
• Project abstract: Nature protection in permitting and inspection of industrial installations – implementation of article 6 (3) of the Habitats Directive: quarries and open cast mining (2016)
• Project abstract: Inspection of quarries and open cast mining in Natura 2000 sites and planning tool for risk assessment for inspection of Natura 2000 sites (2017)