EU Nature Protection Legislation – Focus on Site Protection

Namely, Art. 6 (1) provides for positive measures, involving management plans and statutory, administrative or contractual measures, which aim to achieve the general objective of the directive. In that regard, Article 6 (1) is different from the three other paragraphs of Article 6 which provide for preventive measures to avoid deterioration, disturbance and significant effects in the Natura 2000.

Art. 6 (1) establishes a general conservation regime which applies to all SACs of the Natura 2000 network without exception and to all the natural habitat types of Annex I and the species of Annex II present on the sites.

The conservation measures can take at least two forms: the form of ‘appropriate statutory, administrative or contractual measures’ and ‘if need be’, the form of ‘appropriate management plans’.

Moreover, according to Article 6 (2), the Member States shall, within Natura 2000, avoid damaging activities that could significantly disturb these species or deteriorate the habitats of the protected species or habitat types. This provision:

• 1. applies permanently in the special areas of conservation (SACs). It can concern past, present or future activities or events (for instance, in the case of a toxic spill affecting a wetland, this article would mean that all preventive measures should have been taken to avoid the spillage, even if its location is far from the wetland). If an already existing activity in an SAC causes deterioration of natural habitats or disturbance of species for which the area has been designated, it must be covered by the necessary conservation measures foreseen in Article 6 (1).
• 2. is not limited to intentional acts, but could also cover any chance events that could occur (fire, flood, etc.), as long as they are predictable. In the case of catastrophes, this concerns only the obligation to take (suitable) precautionary measures to reduce the risk of such catastrophes if they could jeopardise the aim of the directive.

Article 6 (2) and (3) ensure the same level of protection.

• Article 6 (2) includes human-caused impacts, as well as natural developments and applies to authorised activities.
• Article 6 (3) through an assessment process.

Member States are required to take preventive measures to avoid deterioration and disturbances connected with a predictable event. These measures apply only to the species and habitats for which the sites have been designated, and should also be implemented, if necessary, outside the sites.