Source: European Parliament
1. The Habitats Directive[1] in its Article 6(3) and 6(4) provides a clear and flexible procedure to address potential conflicts, applicable also in cases between flood protection and nature conservation needs[2]. Article 6(4) allows plans and projects with significant negative effects on a site to proceed for imperative reasons of overriding public interest , in the absence of alternative solutions and if compensatory measures are taken. This can typically apply to flood protection measures that relate to human health or public safety which are explicitly mentioned in Article 6(4), second paragraph.
2. The Commission does not plan to amend the Habitats Directive beyond the current proposal to align the annexes to the amendment of the Bern Convention[3]. Regarding compensatory measures for impacts on Natura 2000 sites in the context of application of Article 6(4) of the directive, it is the national competent authority which decides on the need and character of such measures. The German authorities have a long-standing experience with successfully applying exemptions for flood protection measures[4]. The implementation of these flood protection measures shows the feasibility of such measures and the flexibility of the Habitats Directive.
- [1] Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora, OJ L 206, 22.7.1992, p. 7-50.
- [2] The provisions of Article 6 of the ‘Habitats’ Directive: https://op.europa.eu/en/publication-detail/-/publication/11e4ee91-2a8a-11e9-8d04-01aa75ed71a1
- [3] COM(2025)106 final: https://environment.ec.europa.eu/document/8ec6689c-a7d8-422e-829d-c4231fc32872_en
- [4] The Commission has been notified pursuant to Art 6(4) about the following protective dykes, among others: Strengthening of the Rhine flood dyke/right side of the Murg dam (responsible authority: Raststatt/Baden-Württemberg State Council Office), Strengthening and reinforcement of the right-hand Elbe dyke near Fischbeck (responsible authority: district of Stendal/Saxony-Anhalt), Raising and strengthening of the Emden harbour dyke (responsible authority: Lower Saxony State Agency for Water Management, Coastal Defence and Nature Conservation/Lower Saxony).