The new Industrial Emissions Directive

The designation of Special Areas of Conservation (SACs) under the Habitats Directive takes place in three steps. In the initial phase, Member States propose a list of sites that either host certain habitat types or certain endangered species (Article 4 (1), Habitats Directive). Habitat types that must be proposed as SACs are listed in Annex I of the Habitats Directive. Annex I specifies a total of about 200 habitat types, including 25 different types of grassland communities, and 51 different forest types. Annex II contains endangered animal and plant species. Sites hosting these species can be proposed by the Member States as well. This Annex contains about 700 species of mammals, reptiles, amphibians, fish, invertebrates, and plants. Birds are not listed here. Several of the habitat types and the species listed in Annex I and II have been marked as priority habitat types or priority species, indicating that they are especially vulnerable or threatened.

In the second phase, the European Commission decides which of the proposed sites will be declared of Community importance (Article 4 (2)) (SCI, Site of Community Importance). The Commission pays special attention to transboundary sites and to sites hosting priority habitat types or priority species.

Once the Commission has made the selection of SCIs (Article 4 (3)), during the final phase Member States are obliged to designate the sites of Community importance as a SAC under national law. The legal regime protecting these sites (i.e. Article 6, see below) comes into force once the Commission has made the selection of SCIs, so before the actual designation by the Member States as a SAC, but after the submission of the proposals by the Member States.