Natura 2000 is a Pan-European network of nature conservation areas, the meaning and content of which is written down in the European Union Nature Directive (92/43/EEC) adopted in 1992. The same Directive also included bird areas selected based on the Birds Directive (2009/147/EC), which entered into force in 1979. Thus, the principles of Natura assessment apply to both natural and bird areas.
The sites of Natura 2000 Estonia have been established for the protection of 60 habitat types listed in the European Union Habitats Directive, 53 species of animals and plants included in Annex II and 129 species of birds and migratory bird species listed in Annex I to the Birds Directive.
The general obligation to assess Natura and the principles for carrying this out arise from Article 6 (3) and (4) of the Habitats Directive.
Peat dam of a swamp restoring area
Swamp restoration activities do not require Natura assessment as they are necessary for the protection procedure.
read moreArticle 6 (3) of the Habitats Directive: “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, 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 concerned and, if appropriate, after having obtained the opinion of the general public.”
The mandatory assessment of Natura is reflected in the Environmental Impact Assessment and Environmental Management System Act (KeHJS) in the Estonian legal system, pursuant to § 3 (1) 2) of which environmental impact is assessed when an activity is proposed whereby, according to objective information, it cannot be precluded that the activity alone or in conjunction with other activities may potentially significantly and adversely affect the protection purpose of a Natura 2000 site, and which is not directly related to or necessary for the protection procedure of the site.
Principles of Natura assessment
Natura assessment always sets nature conservation objectives on the first place, which means that the implementation of a plan or project must not harm the natural values of the Natura site and the decision-maker must be convinced of this when allowing action. Natura assessment must be carried out at such level of accuracy, which makes it possible to be convinced that there is no adverse effect.
In certain exceptional circumstances, Article 6 (4) of the Habitats Directive has given the decision-maker the right to favour other interests, including those of a social or economic nature, that override nature conservation interests. In such an exceptional situation, compensatory measures, necessary to ensure that the overall coherence of Natura 2000 is protected and to compensate for damage to natural values, must be taken.
Natura assessment is carried out in Estonia as part of an environmental impact assessment or strategic assessment of the environmental impact.
The Natura assessment consists of four stages:
The purpose of the preliminary estimate is to identify the potential impact of a project or plan (in combination with other plans and projects) on a Natura site and to assess whether it is likely to have an adverse impact on conservation objectives of Natura site.
If there is no conviction as to the adverse impact, it is necessary to move to the appropriate assessment stage. If adverse impact is excluded, a permit may be issued, or a plan may be established. If a preliminary estimate is carried out and the decision-maker finds that the stage of the relevant assessment is not necessary, the draft of the given decision (i.e. the decision not to initiate the environmental impact assessment) must be agreed with the Environmental Board.
The impact of a project or plan (in conjunction with other projects or plans) on the integrity of a Natura site is assessed on the basis of the structure, function and conservation objectives of the site. If necessary, field studies are carried out and measures to mitigate adverse effects are developed and their effectiveness assessed.
If, as a result of the assessment, the decision-maker is satisfied that there is no adverse impact on the integrity and conservation objectives of the Natura site or the planned mitigating measures are sufficiently effective in reducing the effects, a permit may be granted, or a plan may be established (§ 29 (2) of KeHJS and § 45 (2) of KeHJS). Otherwise, the authorisation of a permit or the introduction of a plan has to be abandoned or alternative solutions have to be sought.
An environmental impact assessment report or a report on strategic assessment of environmental impact containing relevant assessment of Natura must be submitted to the manager of the protected natural object, i.e. the Environmental Board, for approval (§ 29 (1) 2) and § 45 (1) 2) of KeHJS).
If adverse impact cannot be avoided or adequately mitigated, alternative solutions to the proposed activities must be sought.
Traditionally, the consideration of alternatives is carried out at the same stage with the relevant assessment.
If there are no alternatives to the planned activity, it is necessary to clarify at the stage of the exemption whether the planned activity is still necessary for the public for imperative reasons of overriding public interest, and to develop a plan of measures to compensate for the damage to nature caused by the project or plan and ensure the overall coherence of the Narva 2000 network. At the stage of making an exception, a decision can be made by the Government of the Republic by informing the European Commission of the activities in advance or asking for an opinion on making a decision (§ 29 (3-5) and § 45 (3-5) of KeHJ).
Natura assessments must be carried out in case of all relevant projects or plans while taking into account the degree of accuracy of the project or plan. However, even in case of plans with a higher level of generalisation, but still with a specific spatial scope, the Natura impact assessment should not be omitted or limited to the preliminary estimate phase, but, if necessary, a Natura relevant assessment stage proportionate to the content of the plan, which allows the plan setter to be convinced that the implementation of the plan does not affect adversely the integrity or conservation objective of the Natura site.
Guidance materials and additional information:
- European Commission guide on the implementation of Article 6 of the Habitats Directive
- Methodological guidelines of the European Commission on the provisions of Article 3 and 4 of the Habitats Directive and the Annex to the Document
- Guidelines for carrying out Natura assessment upon implementation of Article 6 (3) of the Habitats Directive in Estonia
- Guidelines for the implementation of Article 6(4) of the Habitats Directive in Estonia
- Other guidelines for the implementation of the Nature Directive of European Commission, including Natura assessment
Last updated: 30.11.2022
