Habitats Directive and Environmental Assessment of Plans and Projects

The article analyses the mechanism for the assessment of the effects of plans and projects on special protection and conservation areas, as required by the Habitats Directive. It examines the case-law of the European Court of Justice concerning the criteria that require the carrying out of the assessment. It also examines the generous and in certain cases open-ended exceptions that may be invoked by the Member States in order to execute a plan or project despite its negative effects on the areas concerned, and the different opinions delivered by the European Commission when considering whether those exceptions have been correctly adopted by the Member States in the case of sites containing priority habitats or species.