The UK has found it difficult to satisfy the
European Commission in adequately transposing the Habitats
Directive into national law. In October 2005 the European Court of
Justice found against the UK on the inadequate transposition of the
EC Habitats Directive. As a consequence, changes were made in 2007
to the 1994 Habitats Regulations for England and Wales, Northern
Ireland and Scotland. In addition, to address the application of
the Directive offshore, the Offshore Marine Conservation (Natural
Habitats & c.) Regulations 2007 were made. However, the changes
made did not completely satisfy the European Commission, who issued
a Reasoned Opinion to the UK. To avoid further referral to the
European Court of Justice and the possibility of a substantial fine
and legal costs, additional changes were made to the Habitats
Regulations. These came into force on 30 January 2009.
The implications for JNCC are that:
- changes to the provisions with regards to the disturbance of
wild animals to ensure consistency with the EC Habitats Directive
will need to be applied in offshore marine waters;
- JNCC will be involved in the drafting of guidelines for
Government on the application of offences relating to the
deliberate disturbance of wild animals and the damaging,
destruction and deterioration of breeding sites or resting places
of wild animals in offshore waters;
- changes to the defences to offences against wild animals in
offshore waters have been altered to ensure consistency with
the Directive. For certain defences to be used they are conditional
on there being no satisfactory alternatives, and the action will
not be detrimental to the maintenance of the species at favourable
conservation status;
- JNCC must determine how and to what extent the surveillance of
the conservation status of relevant habitats and species is carried
out and advise Government, who must in turn ensure the necessary
surveillance is carried out. JNCC may be asked to carry out the
surveillance; and
- JNCC must identify the risks and activities with regards to
incidental capture and killing of the relevant wild species in
offshore waters, maintain records and assess monitoring needs. This
advice will be provided to Government, who must ensure that the
necessary monitoring is carried out. JNCC may be asked to undertake
the necessary monitoring.
The country nature conservation agencies will
have to work closely together to ensure a measure of consistency
within the UK.
Wyn Jones
EC Directives Manager
Tel: +44 (0) 1733 866852
Email:
Jessa Battersby
Head of European Intelligence and Advice
Tel: +44 (0) 1733 866808
Email: