PART 2Conservation of Natural Habitats and Habitats of Species

European sites

Classification of sites as special protection areas15

1

The appropriate authority must classify as special protection areas such sites in England and Wales as the authority considers necessary to ensure that the objective in paragraph (2) is met.

2

The objective referred to in paragraph (1) 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 1 to the new Wild Birds Directive which naturally occur in that territory, and

b

the conservation of regularly occurring migratory species of birds not listed in Annex 1 which naturally occur in that territory,

are classified as special protection areas.

3

The appropriate authority must make a decision as to the sites to be classified for the purpose mentioned in 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 (2)(a), on the basis of the criteria set out in Article 4(1) of the new Wild Birds Directive (classification of special protection areas); and

b

in the case of a site to be classified for the purpose mentioned in paragraph (2)(b), on the basis of the criteria set out in Article 4(2) of the new Wild Birds Directive.

4

Where a site is classified under paragraph (1), the appropriate authority must provide information on that site to the Commission including—

a

a map or 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 Article 4(2) of the new Wild Birds Directive.

5

The information specified in paragraph (4) must be provided in such format as is established by the Commission.

6

In this regulation “the United Kingdom’s territory” means the United Kingdom and the offshore marine area (as defined in regulation 4(2)).