Within Europe natural habitats are continuing to deteriorate and an increasing number of wild species are seriously threatened. Much of this is as a result of development and agricultural intensification. The main aim of the EC Habitats Directive is to promote the maintenance of biodiversity by requiring Member States to take measures to maintain or restore natural habitats and wild species at a favourable conservation status, introducing robust protection for those habitats and species of European importance. In applying these measures Member States are required to take account of economic, social and cultural requirements and regional and local characteristics.

 

In 1992 the European Community adopted Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora (EC Habitats Directive). This is the means by which the Community meets its obligations as a signatory of the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention). The Directive applies to the UK and to its overseas territory of Gibraltar. The provisions of the Directive require Member States to introduce a range of measures including the protection of species listed in the Annexes; to undertake surveillance of habitats and species and produce a report every six years on the implementation of the Directive. The 189 habitats listed in Annex I of the Directive and the 788 species listed in Annex II, are to be protected by means of a network of sites. Each Member State is required to prepare and propose a national list of sites for evaluation in order to form a European network of Sites of Community Importance (SCIs). Once adopted, these are designated by Member States as Special Areas of Conservation (SACs), and along with Special Protection Areas (SPAs) classified under the EC Birds Directive, form a network of protected areas known as Natura 2000. The Directive was amended in 1997 by a technical adaptation Directive. The annexes were further amended by the Environment Chapter of the Treaty of Accession 2003.

 

The Habitats Directive introduces for the first time for protected areas, the precautionary principle; that is that projects can only be permitted having ascertained no adverse effect on the integrity of the site. Projects may still be permitted if there are no alternatives, and there are imperative reasons of overriding public interest. In such cases compensation measures will be necessary to ensure the overall integrity of network of sites. As a consequence of amendments to the Birds Directive these measures are to be applied to SPAs also. Member States shall also endeavour to encourage the management of features of the landscape to support the Natura 2000 network.

 

In the UK the Directive has been transposed into national laws by means of the Conservation (Natural Habitats, & c.) Regulations 1994 (as amended), and the Conservation (Natural Habitats, & c.) Regulations (Northern Ireland) 1995 (as amended). These are known as 'the Habitats Regulations'. Most SACs on land or freshwater areas are underpinned by notification as Sites of Special Scientific Interest (SSSIs) (or as Areas of Special Scientific Interest (ASSIs) in Northern Ireland). In the case of SACs that are not notified as SSSI, positive management is promoted by wider countryside measures, while protection relies on the provisions of the Habitats Regulations. The territorial government advisors on nature conservation advise bodies on the application of the Regulations with respect to the affect of projects on Natura 2000 sites. In order to meet obligations to avoid deterioration to Natura 2000 sites, bodies are required to review those consents, permissions or authorisations which may affect the integrity of these sites. The government territorial advisors determine or advise on those proposals that may affect protected species. The site list for the Atlantic Biogeographical Region (which includes the UK) was formally adopted by the Commission in December 2004. The UK's first SACs were subsequently designated in Wales in December 2004, in Scotland in March 2005, and in England in April 2005. Summary details of designated SACs in the UK are available here.

JNCC advises government on the application and interpretation of the Directive, including the interpretation of 'conservation status of habitats and species' under the terms of the Directive. JNCC also produces for government, the reports on the implementation of the Directive in the UK. In addition, together with the country nature conservation advisors, it advises government on the UK suite of sites that meet the criteria for consideration as SCI.