The Conservation (Natural Habitats, &c.) Regulations 1994

European sites E+W+S

Selection of sites eligible for identification as of Community importance E+W+S

7.—(1) On the basis of the criteria set out in Annex III (Stage 1) to the Habitats Directive, and relevant scientific information, the Secretary of State shall propose a list of sites indicating with respect to each site–

(a) which natural habitat types in Annex I to the Directive the site hosts, and

(b) which species in Annex II to the Directive that are native to Great Britain the site hosts.

(2) For animal species ranging over wide areas these sites shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction.

For aquatic species which range over wide areas, such sites shall be proposed only where there is a clearly identifiable area representing the physical and biological factors essential to their life and reproduction.

(3) Where appropriate the Secretary of State may propose modification of the list in the light of the results of the surveillance referred to in Article 11 of the Habitats Directive.

(4) The list shall be transmitted to the Commission on or before 5th June 1995, together with information on each site including–

(a) a map of the site,

(b) its name, location and extent, and

(c) the data resulting from application of the criteria specified in Annex III (Stage 1),

provided in a format established by the Commission.

Commencement Information

I1 Reg. 7 in force at 30.10.1994, see reg. 1(2)

Adoption of list of sites: designation of special areas of conservation E+W+S

8.—(1) Once a site of Community importance in Great Britain has been adopted in accordance with the procedure laid down in paragraph 2 of Article 4 of the Habitats Directive, the Secretary of State shall designate that site as a special area of conservation as soon as possible and within six years at most.

(2) The Secretary of State shall establish priorities for the designation of sites in the light of–

(a) the importance of the sites for the maintenance or restoration at a favourable conservation status of–

(i) a natural habitat type in Annex I to the Habitats Directive, or

(ii) a species in Annex II to the Directive,

and for the coherence of Natura 2000; and

(b) the threats of degradation or destruction to which those sites are exposed.

Commencement Information

I2 Reg. 8 in force at 30.10.1994, see reg. 1(2)

[F1 Consultation as to inclusion of site omitted from the list E+W

9.   If consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in Great Britain hosting a priority natural habitat type or priority species, and—

(a) the Secretary of State and the Commission agree, within the six-month period mentioned in Article 5(2) of the Habitats Directive, that the site should be selected as a site of Community importance, or

(b) the Council, acting on a proposal from the Commission in pursuance of Article 5(2) of the Habitats Directive, decides that the site should be so selected,

for the purposes of these Regulations the site is to be treated as having been placed on the list referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive as from the date of the agreement referred to in paragraph (a) or the decision referred to in paragraph (b).]

Extent Information

E1 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F1 Reg. 9 substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(8) (with reg. 9)

Consultation as to inclusion of site omitted from the list S

9.  If consultation is initiated by the Commission in accordance with Article 5(1) of the Habitats Directive with respect to a site in Great Britain hosting a priority natural habitat type or priority species and–

(a) the Secretary of State agrees that the site should be added to the list transmitted in accordance with regulation 7, or

(b) the Council, acting on a proposal from the Commission in pursuance of paragraph 2 of Article 5 of the Habitats Directive, so decides,

the site shall be treated as added to the list as from the date of that agreement or decision.

Extent Information

E3 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Commencement Information

I4 Reg. 9 in force at 30.10.1994, see reg. 1(2)

Meaning of “European site” in these Regulations S

10.—(1) In these Regulations a “European site” means–

(a) a special area of conservation,

(b) a site of Community importance which has been placed on the list referred to in the third sub–paragraph of Article 4(2) of the Habitats Directive,

(c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a decision of the Council under Article 5(3), F2 ...

(d) an area classified pursuant to Article 4(1) or (2) of the Wild Birds Directive [F3 , or

(e) a site F4 ... included in a list of sites proposed under regulation 7(1).]

(2) Sites which are European sites by virtue only of paragraph (1)(c) are not within [F5 regulation] 48 (which [F6 relates] to the approval of certain plans and projects); but this is without prejudice to their protection under other provisions of these Regulations.

Extent Information

E2 This version of this provision extends to Scotland only; a separate version has been created for England and Wales only

Textual Amendments

F2 Word in reg. 10(1)(c) omitted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(a) (with regs. 20, 21)

F3 Reg. 10(1)(e) and word inserted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(b) (with regs. 20, 21)

F4 Words in reg. 10(1)(e) omitted (S.) (15.2.2007) by virtue of The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2007 (S.S.I. 2007/80), regs. 2, 8

F5 Word in reg. 10(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(c)(i) (with regs. 20, 21)

F6 Word in reg. 10(2) substituted (S.) (29.11.2004) by The Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2004 (S.S.I. 2004/475), regs. 1(1), 6(c)(ii) (with regs. 20, 21)

Commencement Information

I3 Reg. 10 in force at 30.10.1994, see reg. 1(2)

Meaning of “European site” in these Regulations E+W

10.—(1) In these Regulations a “European site” means–

(a) a special area of conservation,

(b) a site of Community importance which has been placed on the list referred to in the third sub–paragraph of Article 4(2) of the Habitats Directive,

(c) a site hosting a priority natural habitat type or priority species in respect of which consultation has been initiated under Article 5(1) of the Habitats Directive, during the consultation period or pending a decision of the Council under Article 5(3), or

(d) an area classified pursuant to Article 4(1) or (2) of the Wild Birds Directive, or

[F7 (e) a site in Great Britain which has been proposed to the Commission by a devolved administration or the Secretary of State as a site eligible for designation as a special area of conservation for the purposes of meeting the United Kingdom’s obligations under Article 4(1) of the Habitats Directive, until such time as—

(i) the site is placed on the list of sites of Community importance referred to in the third sub-paragraph of Article 4(2) of the Habitats Directive; or

(ii) agreement is reached or a decision is taken pursuant to Article 4(2) of that Directive not to place the site on that list.]

(2) Sites which are European sites by virtue only of paragraph (1)(c) are not within regulations 20(1) and (2), 24 and 48 (which relate to the approval of certain plans and projects); but this is without prejudice to their protection under other provisions of these Regulations.

[F8 (3) In this regulation, “a devolved administration” means the Welsh Ministers or the Scottish Ministers.]

Extent Information

E4 This version of this provision extends to England and Wales only; a separate version has been created for Scotland only

Textual Amendments

F7 Reg. 10(1)(e) substituted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(9)(a) (with reg. 9)

F8 Reg. 10(3) inserted (E.W.) (21.8.2007) by The Conservation (Natural Habitats, &c.) (Amendment) Regulations 2007 (S.I. 2007/1843), regs. 2(1), 5(9)(b) (with reg. 9)

Commencement Information

I5 Reg. 10 in force at 30.10.1994, see reg. 1(2)