The compensation principle is included in the ten guiding principles for implementation of the NBS (see Part III). Whereas compensation for deteriorated habitats is a legal requirement of the EU Birds and Habitats Directives in the case of damage to Natura 2000, there is no explicit EU requirement for compensation of unavoidable residual impacts on species, habitats and ecosystem services that are not covered by Natura 2000, which leads to net losses. Environmental Liability Directive does not cover damage to protected species, habitats and related services when it has been authorized by a plan or a license in accordance to EU or national nature conservation law. Further action should therefore be taken to promote a wider no net loss approach to biodiversity and ecosystem services when damage is caused by an authorized plan or project (EU Biodiversity Strategy, Action 7).

Belgium will closely follow the work of the Commission (under the EU Common Implementation Framework) to clearly define the principle of “no net loss”, its range, ensuring that sufficient safeguards are put in place to preserve biodiversity and ecosystem services whilst avoiding any drift/abuse, and make proposals for its implementation in the country. In order to ensure real equivalence between ecosystems and services, Belgium will review and take the literature recommendations into account when defining the guidelines for the implementation of the “no net loss” principle in the country.

According to Born et al. (2012), compensation or offset mechanisms should among others respect the following principles:

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In any case, according to the principle of preventive action (see Part III), the damage and its compensation should be authorized only if no other reasonable alternative can be found to reach the objectives of the damaging plan or project, and after having applied the appropriate mitigation measures. The authorities should therefore select the measures to be taken according to the following hierarchy: in priority, avoidance measures, then mitigation measures (minimization), and finally, as a last resort, necessary compensation measures.