Biodiversity outside protected areas

This chapter centres on the obligations of Member States under the Birds and Habitats Directives ¹ to conserve habitats outside the already designated Natura 2000 sites. In this respect, the content of Articles 3 and 4(4) second sentence of the Birds Directive and Articles 2, 3(3) and 10 of the Habitats Directive will be examined in detail. In doing so, it will be explored to what extent these provisions are capable of obliging the Member States to take conservation measures outside of the designated Natura 2000 sites. Next to that, it will be assessed if Article 6(2) (requiring the Member States to avoid damage to Natura 2000) or Article 6(4) of the Habitats Directive (requiring the Member States to take compensatory measures for damage in cases in which negative plans or projects have been allowed because of overriding public interests) and the Environmental Liability Directive ² are effectively capable of urging the Member States to adopt conservation measures outside their designated Natura 2000 sites.