EU Nature Protection Legislation – Focus on Site Protection

Article 6 is a key provision of the Habitats Directive, as it sets out the framework for site conservation and protection, and includes proactive, preventive and procedural requirements. Article 6(2), (3) and (4) applies to SCIs (according to Article 4(5) of the Habitats Directive). Article 6(1) applies only to SACs, which are also subject to the requirements of Article 6(2), (3) and (4). Given that Article 6 sets out provisions which govern the conservation and management of Natura 2000 sites, this is the regulation which most determines the relationship between conservation and land use.

Briefly, the Article has three main sets of provisions: Article 6(1) makes provision for the establishment of the necessary conservation measures, and is focused on positive and proactive interventions; Article 6(2) makes provision for avoidance of habitat deterioration and significant species disturbance. Its emphasis is therefore preventive; Article 6(3) and (4) set out a series of procedural and substantive safeguards governing plans and projects likely to have a significant effect on a Natura 2000 site. Within this structure, it can be seen in the schema below that there is a distinction between Article 6(1) and (2) which define a general regime and Article 6(3) and (4) which define a procedure applying to specific circumstances.

Article 6 of the Habitats Directive
Source: Joseph van der Stegen, DG Environment, European Commission

Considered globally, the provisions of Article 6 reflect the general orientation expressed in the recitals of the Directive. This involves the need to promote biodiversity by maintaining or restoring certain habitats and species at ‘favourable conservation status’ within the context of Natura 2000 sites, while taking into account economic, social, cultural and regional requirements, as a means to achieving sustainable development.