Keywords
Summary

Keywords

Environment - Conservation of wild birds - Directive 79/409 - Classification as a special protection area after implementation of Directive 92/43 - Effects

(Council Directives 79/409, Art. 4(4) and 92/43, Arts 6(2) and 7)

Summary

$$The Owenduff-Nephin Beg Complex was classified as a special protection area in October 1996 and thus it is Article 6(2) of Directive 92/43 on the conservation of natural habitats and of wild fauna and flora, rather than the first sentence of Article 4(4) of Directive 79/409 on the conservation of wild birds, that applies to the area. In so far as concerns land classified as a special protection area, Article 7 of Directive 92/43 provides that the obligations arising under the first sentence of Article 4(4) of Directive 79/409 are replaced, inter alia, by the obligations arising under Article 6(2) of Directive 92/43 as from the date of implementation of the latter directive or the date of classification under Directive 79/409, where the latter date is later.

( see para. 25 )