1. Updating of the Article 6 general guide

2. Reasons for update Still a very popular guide
now 13 years old and written at time when there were only 15 MS
around 40 ECJ rulings on Article 6 have been issued since, providing important clarifications and jurisprudence
New Commission notes on SAC designation, conservation objectives, conservation measures which need to be taken into account
Updates (eg. Recent ECJ rulings, links with EIA/SEA) have already been introduced in sectoral guidance
BUT
Still a very popular guide
No intention to change well-established approaches, esp. re. Art. 6.3 and 6.4
Need to streamline all different guidance on this key element

3. Proposed changes Introduction: Article 6.1:
Minimal: To update section on ‘from which date do the obligations of Art 6 apply’ vis ECJ Rulings (eg Draggagi, BUND..) and SAC designation note
Article 6.1:
More substantial : FCS no longer correct, (not a term to be used at site level), replace with elements of EC notes on SAC designation, setting conservation objectives and conservation measures – backed by relevant ECJ Rulings (eg 508/04), clarify relationship with Art. 6.2 and 6.3.

4. Proposed changes Article 6.2:
More substantial: Lots of new jurisprudence (e.g. C-117/00, C-75/01, C-143/02, C-6/04,C-166/04, C-418/04, C-508/04, C-98/06, C-293/07, C-535/07, C-241/08, C-404/09)
Better explanation of terms ‘appropriate steps to avoid’ deterioration of habitats v disturbance of species,
Better explanation of relationship between Art 6.2 and 6.3 (C-538/09, C-404/09, C-241/08, C-304/05, C-127/02, ...)

5. Proposed changes Article 6.3:
Mostly focused on including clarifications from ECJ Rulings
Eg what is plan or project ? (C-127/02, C-226/08, C-98/03, C-6/04, C-418/04, C-538/09..)
When is it not connected with management of site ( eg C-241/08, )
Likelihood of significant effects/precautionary principle (eg C-127/02, C-209/02, C-239/04…)?
When is assessment ‘appropriate’( eg C-127/02, C-43/10, C-404/09, C-258/11, C-304/05, C-304/05, C-43/10, C-182/10
Cumulative effects/ measuring significance against conservation objectives
Application of stricter national rules
Relationship with EIA/SEA

6. Proposed changes Annexes Article 6.4:
Mostly focused on including clarifications from ECJ Rulings but also to consider how much of the 2007 Article 6.4 Commission guide to re-incorporate into this guide
Eg preconditions for triggering Art 6.4 (C-239/04, C-304/05..)
Examination of alternatives
Interpretation of the term IROPI
Requirements for compensatory measures
Annexes
To be replaced: eg list of ECJ rulings, schematic overview of Art 6.3/6.4 procedure, checklist for AA reports(?), new forms (adopted by Hab ctee) for informing Commission of Art 6.4 compensation measures

7. Summary of ECJ Rulings on Art 6
Also preparing a summary of all the ECJ Rulings on Article 6 to accompany the updated guide – to act as a useful reference source