PART 2CONSERVATION OF NATURAL HABITATS AND HABITATS OF SPECIES
European offshore marine sites
Classification of sites in the Scottish offshore region and the Welsh offshore region as special protection areas13
1
The Scottish Ministers must classify as special protection areas such sites in the Scottish offshore region as they consider necessary to ensure that the objective specified in paragraph (3) is attained.
2
The Welsh Ministers must classify as special protection areas such sites in the Welsh offshore region as they consider necessary to ensure that the objective specified in paragraph (3) is attained.
3
The objective is that those sites across the United Kingdom's territory which are most suitable in number and size for—
a
the conservation of the species listed in Annex I to the Wild Birds Directive which naturally occur in that territory, and
b
the conservation of regularly occurring migratory species of birds not listed in Annex I which naturally occur in that territory,
are classified as special protection areas, in so far as they consist of sites in the Scottish offshore or Welsh offshore regions (as the case may be).
4
The Scottish Ministers must make their decision as to the sites to be classified under paragraph (1) only on the basis of relevant scientific information and—
a
in the case of a site to be classified for the purpose mentioned in paragraph (3)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and
b
in the case of a site to be classified for the purpose mentioned in paragraph (3)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.
5
But the Scottish Ministers may only classify a site as a special protection area under paragraph (1) if the Secretary of State has agreed that they so classify the site.
6
The Welsh Ministers must make their decision as to the sites to be classified under paragraph (2) only on the basis of relevant scientific information and—
a
in the case of a site to be classified for the purpose mentioned in paragraph (3)(a), on the basis of the criteria set out in Article 4(1) of the Wild Birds Directive; and
b
in the case of a site to be classified for the purpose mentioned in paragraph (3)(b), on the basis of the criteria set out in Article 4(2) of the Wild Birds Directive.
7
But the Welsh Ministers may only classify a site as a special protection area under paragraph (2) if the Secretary of State has agreed that they so classify the site.
8
Where a site is classified under paragraph (1) or (2), the Scottish Ministers and the Welsh Ministers respectively must provide information on that site to the Secretary of State, including—
a
a chart of the site;
b
its name, location and extent; and
c
the data resulting from application of the criteria set out in Article 4(1) or (2) of the Wild Birds Directive.
9
The information specified in paragraph (8) must be provided in the format applicable for the purposes of regulation 12(4) by virtue of regulation 12(5).
10
In this regulation “the United Kingdom's territory” means the United Kingdom (including its internal waters), the territorial sea adjacent to the United Kingdom, and the offshore marine area.