RSPB Scotland Parliamentary Briefing The Natura 2000 network of protected sites The Natura 2000 network identifies and protects the best sites for important species and habitats in the EU Designated sites require management; Natura 2000 status can unlock public funds Why designate sites? Species and habitats are not uniformly distributed. Some areas have higher nature conservation value than others and they may vary greatly in size. Designating areas of high nature conservation value allows them to be identified, protected from damaging development and prioritised for the allocation of public funds to deliver public goods. The suitability of designated sites to deliver conservation need varies between species1. Rare species with restricted distribution and particular habitat requirements will benefit most from site-based conservation measures. Species with widespread, even density distributions still benefit from site-based measures, which deliver essential “backstop” conservation measures, as well as identifying priority areas for special management - but lower levels of population coverage may suffice. The Natura 2000 network Special Protection Areas (SPAs) are classified under the EU ‘Birds’ Directive2. They are required to be “the most suitable territories” to deliver the conservation needs of (1) rare or threatened bird species listed on Annex 1 of the Directive and of (2) regularly occurring migratory bird species. Special Areas of Conservation (SACs) are classified under the EU ‘Habitats’ Directive3 for habitats and for species (other than birds) listed on the various Annexes of the Directive. Together, SPAs and SACs comprise the Natura 2000 network, across all 25 Member States. The Directives and European caselaw require the site selection process to be scientific4. Special Protection Areas In the UK, SPAs are selected according to guidelines5 adopted by government departments and the statutory conservation agencies in all UK countries and at UK level. Stage 1 of the guidelines identifies sites holding 1% of appropriate populations. In Scotland, SNH prefer to consult on at least 3 years data. Stage 1 identification of sites is entirely numerical. Stage 2 applies more http://www.jncc.gov.uk/pdf/UKSPAS5.pdf EC Directive on the Conservation of Wild Birds 79/409/EEC http://europa.eu.int/eur-lex/en/consleg/pdf/1979/en_1979L0409_do_001.pdf 3 EC Directive on the Conservation of Natural Habitats and of Wild Fauna and Flora http://europa.eu.int/eur-lex/en/consleg/pdf/1992/en_1992L0043_do_001.pdf 4 ECJ case C-3/96 Commission v Netherlands 5 http://www.jncc.gov.uk/page-1405 1 2 qualitative judgements to the process. There are 246 SPAs in the UK, of which 139 are in Scotland. Special Areas of Conservation For SACs, the European Commission considers less than 20% coverage of the Member State’s national resource of a habitat or species to be clearly insufficient, and 60% to be clearly sufficient. Background information on the site selection process in the UK is given on the Joint Nature Conservation Committee website6. There are 556 SACs in the UK, of which 235 are in Scotland. Protection of Natura sites While development within Natura sites is not ruled out, proposals are subject to stringent and structured tests. Article 6 of the ‘Habitats’ Directive sets the tests to be applied to “plans or projects” which might damage SACs and SPAs7. The Directive is transposed into UK law by the Conservation (Natural Habitats & c.) Regulations 1994. Regulations 48 to 53 cover the measures of Article 6. The European Commission has issued comprehensive guidance on the application of Article 68., as has the Scottish Executive9. Plans or projects include not only development proposals, but also regularly re-licenced activities10 Funding for Natura sites Natura sites are covered by SNH’s “Natural Care” strategy11, which also covers SSSIs. The broad approach is to top up Rural Development funds available to land managers through agrienvironment and forestry schemes, in order to bring sites into “secure management.” Natura 2000 status enhances entry into Rural Stewardship Scheme and payment rates for certain management under the Scottish Forestry Grant Scheme. Natura 2000 and other designations Most Natura sites in Scotland are also covered by Site of Special Scientific Interest (SSSI) designations, as “nationally” important sites12. The main exceptions are some SPAs for birds on “cropped” land (including plantation forestry) and one or two very large upland sites supporting widely dispersed, but important species, such as golden eagle. Ramsar sites13 in Scotland are generally also Natura sites; the principal exception is the Lewis Peatlands, where the peatland habitat interest of the Ramsar site is not fully covered by the Lewis Peatlands SAC. For further information please contact: Richard Evans, Rural Policy Officer RSPB Scotland, 25 Ravelston Terrace, Edinburgh EH4 3TP Tel: 0131 311 6500 Fax: 0131 311 6569 Email: richard.evans@rspb.org.uk Registered Charity Number: 207076 – Autumn 2005 http://www.jncc.gov.uk/page-1460 Article 7 of the ‘Habitats’ Directive applies Article 6 to SPAs as well as SACs 8 Managing Natura 2000 sites: the provisions of Article 6 of the Habitats Directive 92/43/EEC http://europa.eu.int/comm/environment/nature/nature_conservation/eu_nature_legislation/specific_articles/art6/pdf/ar t6_en.pdf 9 http://www.scotland.gov.uk/library3/nature/habd-00.asp 10 ECJ case C-127/02 “Waddenzee” 11 http://www.snh.org.uk/about/ab-pa08.asp 12 Defined by S.3 of the Nature Conservation (Scotland) Act 2004 13 Listed as Wetlands of International Importance, under the Ramsar Convention on Wetlands http://www.ramsar.org/ 6 7