CLIENT:
Cork City Council
PROJECT NAME:
Appropriate Assessment Screening Report
2. APPROPRIATE ASSESSMENT SCREENING METHODOLOGY
2.1 Legislative Requirements Council Directive 92/43/EEC on the Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive) provides legal protection for habitats and species of European importance. The Habitats Directive provides legal protection for habitats and species of European importance. The overall aim of the Habitats Directive is to maintain or restore the “favourable conservation status” of habitats and species of European Community Interest. These habitats and species are listed in the Habitats and Birds Directives (Habitats Directive as above and Directive 2009/147/EC on the conservation of wild birds) with Special Areas of Conservation (SACs) and Special Protection Areas (SPAs) designated to afford protection to the most vulnerable among them. These two designations are collectively known and referred to as European sites. Articles 6(3) and 6(4) of the Habitats Directive set out the decision-making tests for plans and projects likely to affect such sites. Article 6(3) establishes the requirement for AA. These requirements are implemented in the Republic of Ireland by the European Communities (Birds and Natural Habitats) Regulations 2011 (as amended) and the Planning and Development Act 2000 (as amended). Specifically, Article 6(3) of the Habitats Directive states: "Any plan or project not directly connected with or necessary to the management of the site (Natura 2000 sites) but likely to have 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".
Therefore, the AA process is an assessment of the following key concepts:
• Whether a plan or project can be excluded from AA requirements because it is directly connected with or necessary to the management of a European site. • Whether the project will have a potentially significant effect on a European site, either alone or in combination with other projects or plans, in view of the site’s conservation objectives or if residual uncertainty exists regarding potential impacts.
The provisions of Article 6(3) do not apply where the proposed plan or project is ‘connected with or necessary to the management of the site’. Where a formal consent process applies, the AA process is concluded by the relevant competent authority making a determination in accordance with article 6(3) of the Habitats Directive.
2.2 Guidance The assessment was conducted in accordance with the following guidance:
• Assessment of Plans and Projects Significantly Affecting Natura 2000 Sites: Methodological guidance on the provisions of Article 6(3) and (4) of the Habitats Directive 92/43/EEC, Office for Official Publications of the European Communities, Luxembourg (European Commission, 2002).
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