The new Industrial Emissions Directive

Article 7 Habitats Directive expressly states that Article 6 (2) to (4) of that Directive apply, in substitution for the first sentence of Article 4 (4) of the Birds Directive, to the areas classified under Article 4 (1) or (2) of the Birds Directive. It follows that only areas classified as special protection areas fall under the influence of Article 6 (2) to (4) of that Directive (cf. C-374/98, Commission v. France - “Basses Corbières).

As far as land classified as an SPA is concerned, Article 7 of the Habitats Directive provides that the obligations arising under the first sentence of Article 4 (4) of the Birds Directive are replaced, inter alia, by the obligations arising under Article 6 (2) of the Habitats Directive as from the date of implementation of the Habitats Directive or the date of classification under the Birds Directive, where the latter date is later. Article 6 (2) of the Habitats Directive, like the first sentence of Article 4 (4) of the Birds Directive, requires Member States to take appropriate steps to avoid, inter alia, deterioration of habitats in the SPAs classified pursuant to Article 4 (1) (cf. C-117/00; Commission v. Ireland – “Owenduff-Nephin Beg Complex).