Guidance for Public Authorities on the Provisions of Article 6(3) and Article 6(4) of the Habitats Directive

Tender description

The Habitats Directive (Directive 92/43/EEC) and the Birds Directive (Directive 2009/147/EC) are central elements of nature conservation policy in Ireland. Taken together the Nature Directives require member states to ensure the protection, conservation and management of habitats and species of conservation interest including those within Special Areas of Conservation (SACs) and Special Protection Areas (SPAs). This includes legal obligations in relation to the assessment of plans and projects as set out in Article 6(3) and Article 6(4) of the Habitats Directive. The outcomes of such assessments affect the decisions that may lawfully be made in relation to the approval of plans and projects. Following on from the recent EU Fitness Check of the Nature Directives the EU Commission has published an Action Plan for People, Nature and the Economy, one of the central aims of which is to improve guidance and knowledge in relation to the implementation of the Directives. There is, at present, limited up-to-date national guidance available for public authorities in Ireland on the consideration of matters arising from the requirements of Article 6(3) and Article 6(4) of the Habitats Directive. This includes the Guidance for Planning Authorities issued by the Department of the Environment, Heritage and Local Government in 2009/2010 in relation to appropriate assessment. To address this, the DCHG, as the Department with lead responsibility for policy in relation to the Nature Directives, is initiating a project to develop a guidance document to assist public authorities and other stakeholders in the implementation of the requirements of Article 6(3) and Article 6(4) of the Habitats Directive including the requirements of the European Communities (Birds and Habitats) Regulations 2011 and the Planning and Development Act 2000. Refer to RFT