Addendum to Legal Requirements of Art. 6 HD

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Addendum to Legal Requirements of Article 6 of the Habitats Directive (92/43/EEC) Main differences between Appropriate Assessment and Environmental Assessment

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© Svetoslav P. Apostolov , 2011 All rights reserved. Reproduction is authorized under the Use Agreement terms and conditions.

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Directive Difference EIA, SEA HD Subject certain plans and projects all plans and projects Output report decision Implementation of the output non-binding (the report findings must be taken into consideration during the development phase but do not influence the decision on the plan / project implementation ) binding (the decision is mandatory and directly affects the plan / project implementation) Main differences between the procedure demanded by the Habitats Directive (HD) and those demanded by the Environmental Impact Assessment (EIA) and the Strategic Environmental Assessment (SEA) Directives

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The question if the mitigation and compensatory measures should be taken into account when making the appropriate assessment demanded by the Habitats Directive has also arisen a keen interest. Mitigation and compensatory measures must not be taken into consideration when making the appropriate assessment (resp. – adopting the decision) because of their uncertain success .

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