Habitats Directive
Obligations for the conservation of habitats: legal protection regime for proposed sites of Community importance (pSCI), sites of Community importance (SCI) and special areas of conservation (SAC)
- Conservation measures
→ 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.
Article 6 (2):
- 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 a 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).
- 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 as long as they could jeopardise the aim of the directive.