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) and (3) ensure the same level of protection (cf. C-404/09, point 142):
- Article 6 (2) includes human-caused impacts, as well as natural developments (cf. C-6/04, point 34; C-418/05, points 84 et seq.) and applies to authorised activities (cf. C-404/09, points 185 et seq.).
- Article 6 (3) through an assessment process.
Paragraph 2 does not require an impact assessment, but the existence of a probability or risk that an operation might cause deterioration or significant disturbances establishes the infringement (cf. C-404/09, point 142.).
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.