Introduction
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1. Introduction
Article 6 in Context
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BeforeaddressingArticle6indetail,itisworthrecallingitsplacewithintheoverallschemeofDirective
92/43/EEC5(hereinaerreferredtoastheHabitatsDirective)aswellasthatofDirective2009/147/EC6
(hereinaer referred to as the Birds Directive) and its relationship with a wider legal context.
The first chapter of the Habitats Directive, comprising Articles 1 and 2, is entitled ‘Definitions’. It sets out
the aim of the Directive which is to ‘contribute towards ensuring bio-diversity through the conservation
of natural habitats and of wild fauna and flora in the European territory of the Member States to which
the Treaty applies’7. It also provides a general orientation for the implementation of the Directive,
referring to the need for all measures taken pursuant to it to be designed to maintain or restore
certain habitats and species ‘at favourable conservation status’8, while, at the same time, referring to
the need for measures taken pursuant to the Directive to ‘take account of economic, social and cultural
requirements and regional and local characteristics’9.
chapters. The first is entitled ‘Conservation of natural habitats and habitats of species’ and comprises
Articles3to11.Thesecondisentitled‘ProtectionofSpecies’andcomprisesArticles12to16.
The ‘Conservation of natural habitats and habitats of species’ chapter addresses the establishment
and conservation of sites designated for habitat types and species of Community interest listed in
Annexes I and II to the Directive. These sites, along with sites classified under the Birds Directive,
formtheNatura2000 network(Article3(1)).Withinthischapter,Article6containsprovisionswhich
governtheconservationandmanagementofNatura2000sites.Seeninthiscontext,Article6isone
of the most important of the 24 articles of the Directive, being the one which most determines the
relationship between conservation and other socioeconomic activities.
Thearticlehasthreemainsetsofprovisions.Article6(1)dealswiththeestablishmentofthenecessary
conservation measures, and focuses on positive and proactive measures to maintain or restore
the natural habitats and the populations of species of wild fauna and flora at a favourable status.
Article6(2)makesprovisionforavoidanceofhabitatdeteriorationandsignicantspeciesdisturbance.
5OJL206,22.7.92,p.7.
6OJL27,26.1.2010,p7,directiverepealingDirective79/409/EEC.
7Article2(1).
8 Article 2(2). The term ‘Favourable Conservation Status’ is defined in Article 1(e) and 1(i) and refers to the conservation status of the species or
habitat types of Community interest across their natural range within the EU.
9 Article 2(3).
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