1 Law Catalogue User Guide Index A. Introduction to the
Contents
1. 1 c of the Habitats Directive means those which within the territory referred to in Article 2 iv are in danger of disappearance in their natural range or ii have a small natural range following their regression or by reason of their intrinsically restricted area or iii present outstanding examples of typical characteristics of one or more of the nine following biogeographical regions Alpine Atlantic Black Sea Boreal Continental Macaronesian Mediterranean Pannonian and Steppic Such habitat types are listed or may be listed in Annex l Natural range As referred to in the Habitats Directive identifying the natural range of a habitats or species The Natural Range is used in the definition of habitats and species in relation to their Conservation Status Plan or project As referred to at Art 6 of the Habitats Directive It is not defined in the Directives but is to be interpreted widely Natura 2000 Guidance document sets out that it is a very broad definition see Annex l point 6 which is not limited to physical construction For example a significant intensification of agriculture which threatens to damage or destroy the semi natural character of a site may be covered Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 25 Catalogue of Case Law Related to Article2. Associazione Italiana per il WWF and Others C 118 94 07 March 1996 European Court of Justice ttaly Azienda Agro Zootecnica Franchini Sarl v Regione Puglia C 2 10 21 July 2011 European Court of Justice First Chamber Bagmoor Wind Ltd v Scottish Ministers 2012 CSIH 93 07 December 2012 Court of Session Inner House Second Division Benk and Others v Commission T 12205 19 September 2006 Court of First Instance First Chamber On first opening the search screen all the cases within the catalogue will be loaded Features Case Search box This is a free text box that allows the user to search for terms they are looking for within the catalogue The search facility interrogates all text fields and also includes the tick box feature in relation to the Habitats Directive and Birds Directive The case search box allows for searches using AND and OR functions For example if the user wanted to search for all cases entered into the catalogue with reference to Portugal they would enter the word Portugal in the case search box and click the Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 9 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 search button The page will then refresh and show all cases that contain the word Portugal in
3. any of the fields This type of search will not restrict the word search for example to the Country field it is across all fields in the catalogue The search is not case sensitive and does not have to be for whole words the search will also return part word searches e g Portug would still work as a search However the search is character sensitive This means that it will not return search phrases were for example accents have been missed off e g if searching for Basses Corbi res the relevant accent must be included To insert special characters such as accents these can be copied from Character Map which is a feature of the Windows operating system The case search box allows the user to enter in multiple words as part of the search This is done by inserting the word and between each required word For example entering Portugal and habitats directive will return all case entries that simultaneously contain the words Portugal and habitats directive or contain the word Portugal and have the Habitats Directive box ticked The function can be used to search for more than two words by entering and in between the search terms for example Portugal and habitats directive and article 6 and priority species The search also contains an or function This allows the user to search for alternative options for example entering the search Portugal or birds directive would retu
4. be considered to take account of cumulative impacts Declassification As referred to in the case of Casina Tre Pini Ss v Ministeria del Ambiente e della Tutela del Territorio e le Mare and Others C 301 12 and meaning whereby national authorities are required at the request of an owner of land included in a Site of Community Importance SCI to propose to the Commission the declassification of the SCI where that site following environmental degradation and despite compliance with the directive can no longer definitively contribute to the conservation of natural habitats and species Derogation As referred to in Art 9 of the Birds Directive in relation to the ability to derogate from the provisions of Art s 5 6 7 and 8 under specified conditions in Art 9 AND As referred to at Art 16 of the Habitats Directive in relation to the ability to derogate from Art 12 13 14 15 a amp b under specified conditions as set out in Art 16 Deterioration of habitats outside sites As referred to in the Birds Directive Art 4 4 in relation to the duty for Member States to strive to avoid pollution or deterioration of habitats outside of protected areas But note Art 7 of the Habitats Directive which applies Art 6 2 3 and 4 of the Habitats Directive which replaces the obligations in Art 4 4 of the Birds Directive Copyright to the Law Catalogue and User Guide is owned by the JNCC If yo
5. far as possible of the degree of scientific uncertainty e a risk evaluation and an evaluation of the potential consequences of inaction e the participation of all interested parties in the study of precautionary measures once the results of the scientific evaluation and or the risk evaluation are available It is applicable in relation the application of the Habitats and Birds Directives Preserve maintain or re establish As defined in the Birds Directive Art 3 The definition primarily relates to the following measures a creation of protected areas b upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones I re establishment of destroyed biotopes Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 26 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 d creation of biotopes Priority natural habitat type As defined in Art 1 d of the Habitats Directive priority natural habitat means natural habitat types in danger of disappearance which are present on the territory referred to in Article 2 and for the conservation of which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory ref
6. hyperlinks can be harmful This warning is a feature of Access On clicking the link the user will be taken to this guide E Glossary of Keywords Below is a glossary of the majority of keywords that have been identified as part of the Law Catalogue i e most relevant words and phrases found in cases relating to the Habitats and Birds Directives Keywords are identified within the case summaries and can be searched for as set out in part D 1 of the guide above Adverse effect on the integrity of a site or site integrity As referred to at Art 6 3 of the Habitats Directive The effect relates not to every aspect of a particular site but to the effect that would be had on the sites coherence with the Natura 2000 network The integrity of a site is defined in the Managing Natura 2000 sites guidance as the coherence of the site s ecological structure and function across its whole area or the habitats complex of habitats and or populations of species for which the site is or will be classified Integrity is to be considered over the short medium and long term Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 18 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Alternative Solution As referred to in Art
7. nvronmental impact sessment England and W ales Regulations 1999 S1 1999 293 reg 3 Town and Country Planaing E nveonmental impact sament England and Wales Regulations 1999 S1 1999 293 reg 21 Copyright ate Page 3 of 288 Version 1 0 Apei 2014 Ready This is a print friendly screen of all cases that are within the catalogue This allows the user to easily print out all cases if required To print the user should click on file on the toolbar menu and print The cases on the screen page can be scrolled through using the page arrows in the bottom left hand corner The user can also enter a number to go directly that that page 3 Edit Database This function allows editing of the database No editing should be carried out by general users Requests for amendments to be made should be directed by email to the JNCC Communications Team communications jncc gov uk 4 Exit From the main menu screen clicking on Exit will close the catalogue Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 17 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 5 User Guide This user guide can be accessed within the database by clicking on the User Guide link on the main menu This will prompt a warning message indicating that
8. 6 4 of the Habitats Directive It must be shown that there were no alternative solutions to a plan or project if a plan is to be carried out despite a likely adverse effect on a site Managing Natura 2000 sites guidance sets out that alternative locations routes in case of linear developments different scales or designs of development or alternative processes The zero option should be considered too Appropriate assessment An assessment required under Art 6 3 Habitats Directive where a plan or project not directly connected with or necessary to the management of the site is likely to have a significant effect upon a site either individually or combination with other projects The way an assessment must be carried out is not defined in the Habitats Directive Managing Natura 2000 sites guidance sets out that it needs to be recorded and reasoned Area As referred to in the Habitats Directive at Art 1 j in relation to the defined limits of a site site means a geographically defined area whose extent is clearly delineated Best available In relation to identifying the most suitable areas to designate scientific member states must use the best available scientific evidence evidence in fulfilling their obligations This means member states making every reasonable effort to identify those areas Commission v Austria Case C 209 03 Biodiversity A national strategy for England s wildlife a
9. Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Law Catalogue User Guide Index Introduction to the Law Catalogue General Points and Limitations Background oo 2 Using the catalogue Start up screen 1 Case search and overview 2 View all cases 3 Edit database 4 Exit 5 User Guide E Glossary of Keywords F Implementation Table A Introduction to the Law Catalogue The law catalogue provides the Joint Nature Conservation Committee JNCC and the UK country nature conservation bodies with accessible and summarised information on environmental case law relating to the EU Habitats Directive and the EU Birds Directive Case law coverage is from both courts in the UK and the Court of Justice of the European Union CJEU An extensive search of UK and European case law was carried out in February 2014 using the following legal databases Westlaw Lexis Library Lawtel and Curia This search was updated using the same databases in February 2015 The current version of the catalogue i e version 2 0 includes cases returned by that search which specifically include reference to the Habitats Directive Articles 1 7 and 9 16 and the Birds Directive Articles 1 9 There are some cases that have been excluded from the catalogue on the basis that they are not relevant This has been done where for example only passing Copyright to the Law Catalogue and
10. User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 1 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 reference is made to the Habitats and Birds Directive or the reference to the Directives is only made in relation to a procedural point Cases where there is no transcript or the decisions are not available in English have also been excluded There is an Excel spreadsheet which identifies the details of those cases that haven t been included and this can be requested from the JNCC The JNCC will where possible keep the database up to date with new cases The catalogue version reference will indicate when the catalogue was last updated The catalogue summarises the relevant cases identified by the search creating an entry for each case which sets out the key information facts of the case and eventual outcomes These summaries are produced in plain English aiming to be free of legal jargon The result is that users of the catalogue will not need a legal background to draw out relevant information The use of the catalogue as opposed to a legal search engine or database also means that the user does not have to search through large volumes of irrelevant and unrelated cases to draw out relevant principles The catalogue allows users to search for entries in a variety of ways to allow rel
11. asoning of decision makers The catalogue aims to provide its users with sign posts to relevant cases and decisions that may help them in their day to day work The summaries have been produced by legal librarians and not environmental legal specialists Input has been provided by specialists but quality control on the catalogue has been carried out by the legal librarians As such whilst the summaries reflect the overall principles of any given case there is a possibility that relevant environmental law principles are not fully drawn out from the case summary The catalogue does not identify which are the key or landmark cases in a given field or area As set out above the full judgments should be considered and separate legal advice taken if required A search for a particular country habitat or species should not be taken as providing the whole picture on a particular subject Relevant binding principles can be established in cases which do not refer to that particular country habitat or species Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 3 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Advocate General opinions are just that opinions and not decisions of the Court They may be relevant to consider but do not have binding weight W
12. aw Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 16 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Bile gdt View Tools Window Help Type a question For help B A GQ Favortas Gor FH Client C Users jonathana AppData Locef Temp PKBEAL tmp Catalog l ie Qi B Fe Qose Setup 2 M 3 R v Comwall County Council Ex p Hardy Reference Jfeoonenv LR 25 _ email Decision Maker Queen s Bench Oivesion Gudgment Date B20s2900 ie Prionty Habitat flon Priorty Epocies Badger Livereort Plant Lesser Horseshoe Bat arine Or Terrestriai Marne ivertumned Status Breen A fiabitats Directver _ 8 Berkeley v Secretary of State for the Environment Transport end the Regions No 1 2001 2A C 603 R v Rochdale MBC Ex p ine No 1 12000 Env LR 1 M oggridge v National Assem bly for W aies 2003 EWHC 2188 Admin R on the application of ones v Mansteid DC 2003 EWHC 7 Admin Smth v Secretary of State for the Environment Transport and the Regions 2003 WCAC 262 R fon the application of Blyth Valey BC v First Secretary of State 2006 EW HC 3619 Admin Ravocate Generat fSos Decision Reguistion lation i Natural Habtats amp c Reguistions 1984 S1 1994 2716 Town and Country Planning F
13. bats Natural England Michael Hammett Golden eagle Niall Benvie naturepl com Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 5 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 C Background The Court of Justice of the European Union CJEU ensures that the interpretation and application of European Union EU law is observed by all Member States and applied uniformly across the EU In particular the Court answers questions referred to it by national courts and tribunals so called reference for a preliminary ruling which play a vital role by applying EU law at a local level The case law of the CJEU makes up together with the treaties regulations directives and decisions European Union law Since its creation in 1957 and until 2009 the Court has dealt with approximately 14 904 cases many of them are cases relating to the Union s environmental acquis The Habitats Directive and Birds Directive together known as the Nature Directives form the cornerstone of Europe s nature conservation policy They are built around two pillars the Natura 2000 network of protected sites and the strict system of species protection All in all the Habitats Directive seeks to protect over 1 000 animal and plant species and over 200 so calle
14. cial Area of Conservation Areas designated as Sites of Community Importance must be designated as Special Areas of Conservation within 6 years of designation in accordance with Art 4 4 of the Habitats Directive As defined in Art 1 l of the Habitats Directive Special Areas of Conservation means a site of Community importance designated by the Member States through a statutory administrative and or contractual act where the necessary conservation measures are applied for the maintenance or restoration at a favourable conservation status of the natural habitats and or the populations of the species for which the site is designated Special Protection Area Areas designated in accordance with Art 4 of the Birds Directive providing special conservation measures to protect habitats for vulnerable species as listed in Annex to the Birds Directive and to regularly occurring migratory species Species of Community interest As defined in Art 1 g of the Habitats Directive means species which within the territory referred to in Article 2 are i endangered except those species whose natural range is marginal in that territory and which are not endangered or vulnerable in the western palearctic region or ii vulnerable i e believed likely to move into the endangered category in the near future if the causal factors continue operating or iii rare i e with small populations that are not a
15. cle 14 HR 49 Article 15 HR 43 OMR 41 Article 16 HR 53 OMR 40 49 72 Article 17 OMR 72 Key to Table Birds Directive HR The Conservations of Habitats and Species Regulations 2010 OMR The Offshore Marine Conservation Natural Habitats amp c Regulations 2007 WCA The Wildlife and Countryside Act 1981 Birds Directive Article Transposition Article 2 HR 9A Article 3 HR 9A Article 4 HR 4 12A WCA 3 Article 5 WCA 1 OMR 7 8 9 12 34 Article 6 WCA 6 OMR 37 Article 8 WCA 5 OMR 36 Article 9 WCA 4 5 OMR 35 49 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 32 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 33
16. d habitat types e g special types of forests meadows wetlands etc which are of European importance The Birds Directive protects all naturally occurring wild birds in the EU The main aim of the Nature Directives is to promote the maintenance of biodiversity by requiring Member States to take measures to maintain restore and protect natural habitats and wild species listed on the Annexes to the Directives introducing robust protection for those habitats and species In applying these measures Member States may take account of economic social and cultural requirements as well as regional and local characteristics Many provisions of the Directives have been litigated especially in situations where economic development has potential impacts on nature conservation measures e g industrial developments in and around protected sites These situations have 1 The acquis also called acquis communautaire is the body of EU legislation which makes up European Union law The environmental acquis is the body of legislation which makes up EU environmental law Council Directive 92 43 EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora 3 Directive 2009 147 EC of the European Parliament and the Council of 30 November 2009 on the conservation of wild birds Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc go
17. d function across its whole area or the habitats complex of habitats and or populations of species for which the site is or will be classified Integrity is to be considered over the short medium and long term Site of Community importance As defined in Art 1 k of the Habitats Directive Site of Community importance means a site which in the biogeographical region or regions to which it belongs contributes significantly to the maintenance or restoration at a favourable conservation status of a natural habitat type in Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 27 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Annex or of a species in Annex II and may also contribute significantly to the coherence of Natura 2000 referred to in Article 3 and or contributes significantly to the maintenance of biological diversity within the biogeographic region or regions concerned For animal species ranging over wide areas sites of Community importance 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 Sites of Community Importance are adopted by member states in accordance with Article 4 of the Habitats Directive Spe
18. e one party has applied for permission to appeal and been granted leave to appeal but that appeal has not been heard this has been noted as x has been given permission to appeal to the Court of Appeal or similar Where a party has applied for leave to appeal but permission has not been yet been granted or refused Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 15 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 this is has been noted as x has applied for permission to appeal to the Court of Appeal or similar o Judge judge s who made the decision Where the text of the summary is too long to fit entirely within the box on the screen the user can click on the text box at which point a scroll bar will appear on the right hand side of the box Printing Printing cannot be carried out from this page If the user needs to print the case details a print friendly version can be accessed from the Print button on the case search overview page as set out above Copying Text Text within the case details page can be highlighted and copied However it cannot be edited 2 View all cases From the Main Menu screen of the catalogue the user can click on the View all cases link which opens up a new screen as follows Copyright to the L
19. elevant point No more than one case screen can be opened at a time If a new case is opened this will replace the original case on the screen All references to Directive Articles within case summaries are set out as art x When searching for specific article directives using the case search box the user will need to enter the full reference e g art 6 4 or partial searches e g art 6 or 6 4 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 4 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 The case search box interrogates all text fields and allows for searches using AND and OR functions The search is not case sensitive but cannot account for spelling errors including accents The case search box does not allow the user to refine searches by date period However once a search result is returned the user can order the results by date by clicking on the heading Judgment Date Copyright to the Law Catalogue and the User Guide is owned by the JNCC Copyright to the photos within the Law Catalogue are owned as follows Name of image Copyright Grey seal cow Natural England Paul Keene Cold water coral Lophelia pertusa JNCC Kittiwake Ben Dean Greater horseshoe
20. ental have a significant effect on the environment are assessed prior Assessment to their adoption as governed by European Directive 2001 42 EC Strict As referred to at Art 12 and Art 13 of the Habitats Directive protection requiring a system of strict protection prohibiting specified activities in relation to animal and plant species listed at Annex IV of the directive Structure and functions Of the natural habitats type as referred to in the definition of the conservation of a natural habitat at Art 1 e of the Habitats Directive e conservation status of a natural habitat means the sum of the influences acting on a natural habitat and its typical species that may affect its long term natural distribution structure and functions as well as the long term survival of its typical species within the territory referred to in Article 2 Suitable Alternative Natural Green Space Green open space provided to mitigate the harmful effects of new development on Special Protection Areas Surveillance Referred to at Art 11 of the Habitats Directive Member States shall undertake surveillance of the conservation status of the natural habitats and species referred to in Article 2 with particular regard to priority natural habitat types and priority species Typical species As referred to in Art 1 e of the Habitats Directive in relation to the typical species of a natural habitat Cop
21. erred to in Article 2 these priority natural habitat types are indicated by an asterisk in Annex l Priority species As defined in Art 1 h of the Habitats Directive means species referred to in g i for the conservation of which the Community has particular responsibility in view of the proportion of their natural range which falls within the territory referred to in Article 2 these priority species are indicated by an asterisk in Annex II Ramsar Site Sites listed as a wetland of international importance under the Ramsar Convention In England and Wales as a matter of policy Ramsar sites are to be treated the same way as Special Areas of Conservation and Special Protections Areas Regularly occurring migratory species not listed in Annex As referred to at Art 4 2 of the Birds Directive 2 Member States shall take similar measures for regularly occurring migratory species not listed in Annex bearing in mind their need for protection in the geographical sea and land area where this Directive applies as regards their breeding moulting and wintering areas and staging posts along their migration routes Reproductive rate The reproductive rate of birds as referred to in the Birds Directive Art 7 1 Site integrity The integrity of the site is defined in the Managing Natura 2000 sites guidance as the coherence of the site s ecological structure an
22. evant information to be pulled out Details of how to search the catalogue are included within this guide in section D This guide also contains a glossary of the most relevant words and phrases that are found in cases relating to the Habitats and Birds Directives This can be found in section E Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 2 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 B General Points and Limitations The Catalogue has been created on MS Access 2000 Users will need this or a later version of MS Access installed to view the catalogue When opening the database a security warning will pop up and you will need to enable macros As the first stage of catalogue production has only included cases that make specific reference to the Habitats Directive Articles 1 7 and 9 16 and the Birds Directive Articles 1 9 users need to be aware that there may be relevant and important cases that have not been included in this version of the catalogue An example of this is where cases refer to national legislation as opposed to the Directive Article that the national legislation has been transposed from The catalogue does not constitute legal advice and reading the summaries alone is not a substitute for reading the full case details and re
23. excluded on the basis of objective information that the plan or project will have Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 24 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 significant effects on the site concerned Maintain or restore As referred to in the Habitats Directive a conservation means a series of measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status as defined in e and i Mitigation measures Measures that are aimed at minimising or even cancelling the negative impact of a plan or project during or after its completion Mitigation measures are usually proposed with the aim of demonstrating that a plan or project will not have a likely significant effect as set out at Art 6 3 of the Habitats Directive or as a condition to ensure a derogation under Art 16 of the Habitats Directive is not detrimental to maintaining populations of the species concerned at favourable conservation status in their natural range Natura 2000 The European Union wide network of Special Protection Areas Special Areas of Conservation and Sites of Community Importance Natural habitat types of Community interest As defined in Art
24. here a case is overturned on appeal for example a decision of the High Court is overturned by the Court of Appeal it will be removed from the database In most cases it is expected that the decision that overturns the case will be relevant to the database and so will then be included within the catalogue The catalogue includes a Traffic Light System as identified in the Overturned Status box to indicate how the points of law within the case have been treated by subsequent cases This adopts a Green Amber Red and None status system The full description of each status is set out in the Field Headings section of this guide This has been included as once a case has been decided future cases may then reference the principles of law established in that case Courts may agree disagree be neutral or distinguish points of law that have been established in past cases It is important to note that this does not mean that every point of law within that case has been dealt with in the way identified in the traffic light system It is important to read the judgments of these subsequent cases so that the significance and context of the point that was discussed can be properly assessed It is important to note that the Courts approaches to cases will vary on the facts of each case and may develop over time This will not always result in a case being specifically overturned and so users need to take into account all case law on a r
25. herence of Natura 2000 is protected Important Birds Area 2000 The programmes run by BirdLife International to identify monitor and protect a global network of Important Bird Areas for the conservation of the world s birds and other wildlife In combination As referred to in Art 6 3 of the Habitats Directive Whether a plan or project is likely to have significant effect on the site is to be considered alone or in combination with other plans or projects 6 3 Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon either individually or in combination with other plans or projects shall be subject to appropriate assessment of its implications for the site in view of the site s conservation objectives In combination effects As referred to above At both the screening for likely significant effects and appropriate assessment stages the effects of a plan or project must be considered both individually and in combination with other relevant plans or projects This is a requirement of the Habitats Directive which helps ensure that European sites are not damaged by the additive effects of multiple plans or projects Likely significant effect As referred to in Art 6 3 of the Habitats Directive Where there is a risk or possibility of an effect being significant Such a risk exists if it cannot be
26. hich also transpose elements of the Directives and there are additional Acts and Regulations which also implement elements of the Directives for example the Environmental Impact Assessment Agriculture England No 2 Regulations 2006 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 30 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Habitats Directive Key to Table HR The Conservations of Habitats and Species Regulations 2010 OMR The Offshore Marine Conservation Natural Habitats amp c Regulations 2007 WCA The Wildlife and Countryside Act 1981 Habitats Directive Article Transposition Article 2 HR 129A OMR 67 Article 4 HR 10 11 129A OMR 7 8 9 11 Article 5 HR 2 OMR 10 Article 6 HR 16 17 18 21 36 61 62 66 OMR 22 25 26 30 Article 7 HR 12A 12B Article 10 HR 129A Article 11 HR 48 129A OMR 44 67 Article 12 HR 41 42 43 50 51 OMR 39 43 46 47 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 31 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Article 13 HR 44 46 Arti
27. ich have a natural range which includes any area in Great Britain Favourable conservation status e Conservation status of a natural habitat as defined in Art 1 e of the Habitats Directive means the sum of the influences acting on a natural habitat and its typical species that may affect its long term natural distribution structure and functions as well as the long term survival of its typical species within the territory referred to in Article 2 the conservation status of a natural habitat will be taken as favourable when its natural range and areas it covers within that range are stable or increasing and the specific structure and functions which are necessary Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 22 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 for its long term maintenance exist and are likely to continue to exist for the foreseeable future and the conservation status of its typical species is favourable as defined in i e Conservation status of a species as defined in Art 1 i of the Habitats Directive means the sum of the influences acting on the species concerned that may affect the long term distribution and abundance of its populations within the territory referred to in Article 2 The c
28. l characteristics The Directive applies to the UK and to its Overseas Territory of Gibraltar Habitats Regulations Conservation of Habitats and Species Regulations 2010 SI 2010 No 490 The main purpose of the regulations is to transpose the Habitats Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 23 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Directive into UK law The Regulations provide for the designation and protection of European sites the protection of European protected species and the adaptation of planning and other controls for the protection of European Sites Imperative reasons of overriding public interest As referred to at in Art 6 4 of the Habitats Directive The reasons can include those social or economic in nature But projects that lie entirely In the interest of companies or individuals would not be considered to be covered 4 If in spite of a negative assessment of the implications for the site and in the absence of alternative solutions a plan or project must nevertheless be carried out for imperative reasons of overriding public interest including those of a social or economic nature the Member State shall take all compensatory measures necessary to ensure that the overall co
29. nd ecosystem 2020 services It was first published by the Department for Environment Farming and Rural Affairs in 2011 and sets out the government s ambition to halt overall loss of England s biodiversity by 2020 Birds Directive The EU Council Directive 2009 147 EC of 30 November 2009 on the conservation of wild birds replacing Directive 79 409 EEC of 2 April 1979 The Directive provides a framework for the conservation and management of and human interactions with wild birds in Europe It sets broad objectives for a wide range of activities although the precise legal mechanisms for their achievement are at the discretion of each Member State in the UK delivery is via several different statutes The Directive applies to the UK and to its overseas territory of Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 19 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Gibraltar Compensatory measures Measures taken under Art 6 4 of the Habitats Directive to ensure that the overall coherence of the Natura 2000 network is protected These measures are taken where a plan or project cannot rule out an adverse effect on the Integrity of the Site but are to continue for imperative reasons of public interest These are different
30. nting of migratory birds and fx the closing date for the hunting of migratory bros could be delegated to regional authorities n the case the Prefets fk was possible to Jangire ramniata nentactinn af the hirde dunna the nre matina nerind thrnunh thi nrnress Field Headings The explanation of each field heading can be found by hovering over the particular heading which will then show a pop up explanation The explanations for the headings are as follows Parties the parties bringing or defending the case and any officially named interested parties e Reference the unique reference allocated to a case by the courts e Judgment Date the date the official decision is made by the court e Decision Maker the judicial body that decides the case e Country the country in which the decision relates to Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 13 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 e Habitat references details of habitats that are included as part of the judgment this is as specifically referenced in the judgment which may not always use the official Annex habitat names e Species references details of species that are included as part of the judgment this is as specifically referenced in the judgment which may not always use the
31. official Annex Il IV or V species names e Priority Habitat identifies whether the habitat is a priority habitat as defined in Article 1 d of the Habitats Directive e Marine or Terrestrial Indicates whether the decision relates to a species or habitat that is terrestrial or marine based e Directive Article indicates the most relevant articles of the Birds Directive or Habitats Directive that are referred to in the case e Hyperlink provides a link to the judgment where this is freely available online The open button on the right hand side opens the hyperlink to an internet page showing a written version of the case e Overturned Status indicates how the points of law within the case have been treated by subsequent cases o Green Indicates that there are points of law in the case that have been given positive or neutral treatment in subsequent cases o Amber Indicates that there are points of law in the case that have been given mixed or mildly negative treatment in subsequent cases o Red Indicates that at least one point of law in the case has been overruled or reversed o None Indicates that there has been no positive or negative treatment by subsequent cases on the points of law established in this case e Location sets out the location of the site habitat or species in question where available relevant Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries
32. onservation status will be taken as favourable when population dynamics data on the species concerned indicate that it is maintaining itself on a long term basis as a viable component of its natural habitats and the natural range of the species is neither being reduced nor is likely to be reduced for the foreseeable future and there is and will probably continue to be a sufficiently large habitat to maintain its populations on a long term basis Geographical distribution The geographical distribution of bird species as referred to in the Birds Directive at Art 6 7 and Annex V Habitat of a species As defined in Art 1 f of the Habitats Directive means an environment defined by specific abiotic and biotic factors in which the species lives at any stage of its biological cycle Habitats Directive EU Council Directive 92 43 EEC of 1 May 1992 on the conservation of natural habitats and of wild fauna and flora The main aim of the 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 listed on the Annexes to the Directive 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 as well as regional and loca
33. please contact communications jncc gov uk 14 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 e Birds Directive indicates if the decision is made under the Birds Directive e Habitats Directive indicates if the decision is made under the Habitats Directive e Related Cases sets out relevant Habitats and Birds Directive cases that are referred to as part of the judgment e Case History sets out the history of the case where decisions have been made by lower courts e g setting out High Court and Court of Appeal decisions if the case is a Supreme Court case e Advocate General Sets out the link to the decision of the advocate general in the case where this is available e SoS Decision Sets out the link to the decision of the Secretary of State in the case where relevant and available e Regulation sets out the relevant UK regulations referred to as part of the decision e Maps provides a link to a Google Map of the area where possible On clicking the maps button the search terms within the location field are entered into Google Maps and will show the location where these search terms are recognised by Google e Summary Sets out a plain English summary of the case The details included are o Keywords keywords relevant to the case o Summary summary of main facts and issues o Outcome decision made by the court o Status wher
34. rn all the cases that contained the word Portugal and all the cases that contained the word birds directive as Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 10 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 well as all the cases that have the Birds Directive box ticked Keywords The keywords box in the top right of the screen allows the user to scroll through and select from the keywords that have been identified as part of the catalogue i e most relevant words and phrases found in cases relating to the Habitats and Birds Directives These are the keywords which are defined in the Glossary within this guide The user should click on the drop down menu which brings up the list of keywords and select the relevant word from the list The user should not try and type in words manually into the keyword box When the user selects a keyword this will automatically be populated into the Case Search box The user can then click on the keywords list again and select another word and this will automatically enter into the Case Search box separated by AND which allows the search to return entries with both words The user can manually replace the AND for an OR if they want to search for all the cases containing each individual word in
35. s of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 The guidance sets out that Plans includes land use plans and sectoral plans Pollution or deterioration As referred to at Art 4 4 of the Birds Directive In respect of the protection areas referred to in paragraphs 1 and 2 Member States shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds in so far as these would be significant having regard to the objectives of this Article Outside these protection areas Member States shall also strive to avoid pollution or deterioration of habitats But note Art 7 of the Habitats Directive which applies Art 6 2 3 and 4 of the Habitats Directive which replaces the obligations in Art 4 4 of the Birds Directive Population level As referred to in the Birds Directive in relation to the overall numbers of a species in the community AND As referred to in the Habitats Directive in relation to a population level within a site Precautionary Principle The precautionary principle is detailed in Article 191 of the Treaty on the Functioning of the European Union EU It aims at ensuring a higher level of environmental protection through preventative decision taking in the case of risk precautionary principle shall be informed by three specific principles e the fullest possible scientific evaluation the determination as
36. stead Scroll bar The scroll bar on the right hand side of the screen allows the user to scroll through all the cases found in any particular search Clicking on the scroll bar shows a pop up highlighting how many cases there are within a particular search i e record 1 of 141 Please note that this shows the uppermost record that is being displayed on the screen Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 11 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Sorting Print View The cases returned by any search can be sorted by the headings at the top of the screen Parties Reference Judgement Date Decision Maker Country When sorting by heading this is sorted in the following order 1 special character 2 numeric 3 alphabetical To view any case returned by the search in a print friendly format the user should click on the Print button which is to the right of each individual case This opens up a new screen with the case set out automatically spread across the pages to ensure that all the details of the case are printed This page can then be printed by clicking on File and then Print in the Access toolbar in the usual way This screen does not allow the user to highlight and copy
37. ster for Planning and the Envronment 2000 3 C M L R 404 Assocation Ornithologique et Mammalogique de Csana atd ara u Cranch Orima Minitar AMANI ICMI Q IOS Seencitinn Omithninmene at Mammashninia de Connect nira v Franch Minictor Keywords Preserve maintain or re establish Best available scientific evidence Conservation objectives Conservation measures Summary A preliminary ruling was sought by the Administratie Court of Nantes for an interpretation of article 7 4 of the Birds Orective Vanlous environmental assocations including the Association pour la protection des Animaux Sauvages and the hunter s association wanted an annulment of the decisions of the regional organisations the Prefet de Maine et Loire and Prefet de la Lowe Attntique when fixing the closing dates of the hunting season for migratory bids and Waterfowl in ther regions in 1992 93 The proceedings in the European Court of 2 EC examined when the dosing date for the hunting of migratory birds and Waterfowl should be fixed whether staggenng the hunting seasons closing dates by species complied with the system of protection that the Birds Directive afforded and whether delegating the lauthorty to fix the clasing dates for the hunting season to organsations in the regions the Prefets was compatible with the system of protection established in the Birds Directive Outcome The EC ruled that to comply with article 7 4 of the Birds Directive the closing date for the hu
38. t present endangered or vulnerable but are at risk The species are located within restricted geographical areas or are thinly scattered over a more extensive range or iv endemic and requiring particular attention by reason of the specific nature of their habitat and or the potential impact of their exploitation on their habitat and or the potential impact Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 28 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 of their exploitation on their conservation status Such species are listed or may be listed in Annex II and or Annex IV or V Specimen As defined in Art 1 m of the Habitats Directive means any animal or plant whether alive or dead of the species listed in Annex IV and Annex V any part or derivative thereof as well as any other goods which appear from an accompanying document the packaging or a mark or label or from any other circumstances to be parts or derivatives of animals or plants of those species Statutory Defined in regulation 5 of the Habitats Regulations in relation to Nature England and Wales Conservation Natural England England Body Natural Resources Body for Wales Wales Strategic The process by which plans and programmes that are likely to Environm
39. text If this is required the user should use the view function as set out below Once the user has made the relevant search the cases can be viewed by selecting the View button on the right hand side of each case On clicking View the particular case is opened in a new screen in the following format Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 12 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 File Edit Wew Insert Format Becords Tools Window Help Type a question for help ee o z9 deuje alada Mj Md OF smo Bis T EE E E eB iQO B A GQ Frores Go FI Client Cs Users jonathana AppOata Local Temp PKSEAL tmp Catalog E Assocation pour a protection des Animaux Sauvages and Others v Prefet de Mane et Lore arl Pr fet de a Lore Atiantique 435 92 Date of Judgment 19 January 1994 European Court of Justice Priority Habitat flon Prorty 797409 aet 704 Birds Directive ittp cura europa eu juns showPdt jstrtext amp docd S88268pa o Habitats Directwe M Commission of the European Communities v Germany C 57 89 Commsson of the European Communities v France C 62 89 Commisson of ithe European Communties v Netherbnds C 96 81 Commesion of the European Communities v France C 38 99 Assocation France Nature Envronnement v French Mini
40. tive refers to the conservation objectives in the context of the sites features In practice the UK Statutory Nature Conservation Bodies have adopted the approach of applying conservation objectives at feature level Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 20 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 The necessary conservation measures aim at maintaining or restoring the favourable conservation status of the natural habitat types and the species of Community interest They are connected with the general objective of the directive which applies to the Natura 2000 network as defined in Article 3 of the Habitats Directive Core Strategy The key compulsory local development document specified in United Kingdom planning law Every other local development document is built on the principles it sets out regarding the development and use of land in a local planning authority s area Cumulative impact The cumulative impact of other plans and projects that should be taken into account when assessing whether there is a Likely Significant Effect as referred to at Art 6 3 of the Habitats Directive Natura 2000 Guidance sets out that When determining likely significant effects the combination of other plans or projects should also
41. to Mitigation Measures and are independent of the Plan or Project Competent Authority As defined in the Habitats Regulations 2010 means any Minister of the Crown or the Welsh Ministers and the Scottish Ministers in relation to certain provisions as defined in the Regulations Minister of the Crown includes any government department statutory undertaker public body including local authority joint board joint committee or National Park authority Conservation measures As defined in Art 1 a of the Habitats Directive conservation means a series of measures required to maintain or restore the natural habitats and the populations of species of wild fauna and flora at a favourable status as defined in e and i And As referred to in Art 4 of the Birds Directive The species mentioned in Annex shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution Conservation objectives Referred to at Art 6 3 of the Habitats Directive Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon either individually or in combination with other plans or projects shall be subject to appropriate assessment of its implications for the site in view of the site s conservation objectives The wording of the direc
42. u have any comments or queries please contact communications jncc gov uk 21 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 Disturbance As referred to in both the Habitats and Birds Directive in relation to the disturbance of natural habitats and species Ecological The ecological coherence of the Natura 2000 network as coherence referred to at Art 3 3 of the Habitats Directive 3 Where they consider it necessary Member States shall endeavour to improve the ecological coherence of Natura 2000 by maintaining and where appropriate developing features of the landscape which are of major importance for wild fauna and flora as referred to in Article 10 European Site Defined in Regulation 8 of the Habitats Regulations 2010 Includes Special Protection Areas Special Areas of Conservation and Sites of Community Importance European Protected Species Species that are provided with protection as defined in the Habitats Regulations 2010 Regulation 40 provides that 1 Schedule 2 European protected species of animals lists those species of animals listed in Annex IV a to the Habitats Directive which have a natural range which includes any area in Great Britain Regulation 45 provides that 1 Schedule 5 European protected species of plants lists those species of plants listed in Annex IV b to the Habitats Directive wh
43. u open the catalogue the first screen the user sees is the Main Menu which has five options These are e Case search and overview e View all cases e Edit database e Exit e User Guide Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 8 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 1 Case search and overview Clicking on Case search and overview opens the catalogue in a searchable format shown below Ple Edt View Insert Format Records Took Window Help Typeaguestionferhelp gt f T Arial 9 zB z DSS Sih A le J Mi dBA RF ABB DMNA CA EIE E ER O B A GQ Favorite Go FA ChentiCS Urers jonathana AppDataiLocahTemp PKBEALtmp Catalog E z Case Search Keywords 7 Parties Reference Judgment Date Decision Maker Country Alternative A5 Alliance s Application for Judicial Review 2013 NIQB 30 12 March 2013 Queen s Bench Division Norther Ireland Northern Ireland Association pour la protection des Animaux Sauvages and Others v Pr fet de Maine et Loire and Pr fet de la Loire Atianti C 435 92 19 January 1994 European Court of Justice France Associazione Agricoltori della Provincia di Rovigo Associazione Polesana Coltivatori Diretti di Rovigo Consorzio Cooper C 142 95 P 12 December 1996 European Court of Justice Sixth Chamber taly
44. v uk 6 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 given rise to a number of legal cases which have occupied national courts or have been referred to the CJEU for clarification These judgements are of direct relevance to the work of JNCC and the country nature conservation bodies as they provide advice on the application of the Habitats and Birds Directives The application of the Habitats Directive beyond territorial waters in the offshore environment was only confirmed by the CJEU in 2005 Thus there is very limited case law available dealing with implementation in the offshore environment European Court of Justice Case C 6 04 Commission v United Kingdom 20 October 2005 Copyright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 7 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 D Using the catalogue Start Up Screen BS Microsott Acce f Ele Edi View prel Formal Reon Tooh Windiw Hy CESE i Ha tm e i R be Favorites Ga FA WC i ACS U sejana hara Catalin et Cataloque of case law related to articles of the EU Birds and Habitats Directives Case search and overview View all cases User Guide Edit database ex JNCC Joint Matura Conservator Commnittas When yo
45. yright to the Law Catalogue and User Guide is owned by the JNCC If you have any comments or queries please contact communications jncc gov uk 29 Catalogue of Case Law Related to Articles of the EU Birds and Habitats Directives User Guide Version 2 0 March 2015 e conservation status of a natural habitat means the sum of the influences acting on a natural habitat and its typical species that may affect its long term natural distribution structure and functions as well as the long term survival of its typical species within the territory referred to in Article 2 F Implementation Table The tables below are provided as a guide as to how the Habitats and Birds Directives have been transposed into UK law The majority of the cases currently in the database that are not EU cases relate to decisions made under legislation for England and Wales and so the table produced currently relates to England and Wales only However the majority of the provisions of the Offshore Marine Conservation Natural Habitats amp c Regulations 2007 and the Wildlife and Countryside Act 1981 also apply to Scotland and Northern Ireland These tables have been produced as a general guide and are provided for assistance only They are not indented to be definitive lists They identify some of the most relevant provisions of the Habitats and Birds Directives and their transposition into UK law There are further regulations and sections w
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