Skip to main content

The EU, Brexit and nature conservation law

In the lead up to the sold out Brexit debate at the University of Bristol on Friday 29 April 2016, we are posting some blogs from our Cabot Institute members outlining their thoughts on Brexit and potential implications for environmental research, environmental law and the environment.  
The EU plays a fundamental role in shaping the environmental law regimes of its Member States and that of the UK is no exception. A significant proportion of current domestic environmental law derives from EU Regulations (that automatically become part of English law) and EU Directives (that are implemented through national legislation).

Nature conservation law, i.e. the legal regime used to protect environmentally significant habitats and species, is a case in point and the focus of this blog. Conserving nature is key not only from a purely biodiversity standpoint but also from an ‘ecosystem services’ perspective. Ecosystem services are the benefits nature brings to the environment and to people, including supporting services (e.g. nutrient cycling), provisioning services (e.g. food), regulating services (e.g. carbon capture) and cultural services (e.g. recreation)

Site designation and management is a favoured technique of nature conservation law. The well-known Natura 2000 network, would not be there if it were not for EU Directives, namely the Habitats (92/43/EEC) and Wild Birds Directives (2009/147/EC), implemented in the UK by the Conservation of Habitats and Species Regulations 2010. Under Article 3 of the Habitats Directive, Member States are indeed required to set up the Natura network composed of Special Areas of Conservation (sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II of the Habitats Directive) and Special Protection Areas (sites for the protection of rare and vulnerable birds as listed in Annex I of the Wild Birds Directive and for regularly occurring migratory species). 
Greenfinch by Mschulenburg - Own work, CC BY-SA 4.0
In the UK, there are a substantial number of European protected sites: 652 Special Areas of Conservation (including candidate Special Areas of Conservation[1] and Sites of Community Importance[2]) and 270 Special Protection Areas, covering a total of 8,013,467 ha (JNCC statistics as of 28 January 2016).

Has the establishment of Natura 2000 made a difference to biodiversity protection? 


As part of its Smart Regulation Policy, the Commission has initiated a fitness check of the Habitats and Wild Birds Directives to evaluate their effectiveness, efficiency, coherence, relevance and added value. Though the final Commission report on the results of the fitness check will be available only later this year, the draft emerging findings prepared by a consortium of experts do suggest that the Habitats and Wild Birds Directives have substantially contributed to the conservation of nature and to meeting the EU’s biodiversity target.

It is fair to note that, prior to the EU Directives on nature conservation, the UK did have its own system for habitat protection, most notably based on the designation of Sites of Special Scientific Interest (SSSIs). Introduced in the post-war period by the National Parks and Access to the Countryside Act 1949, the law governing SSSIs has been strengthened over the decades by the Wildlife and Countryside Act 1981, amended by Schedule 9 of the Countryside and Rights of Way Act 2000. However, the management measures in place for SSSIs are not as stringent as those for the protection of Special Areas of Conservation and Special Protection Areas. 
Sites of Special Scientific Interest (SSSI) were introduced in the post-war period in the UK to help manage habitat protection.
It is also fair to note that in the marine environment, the UK has taken important steps domestically: the passing of the Marine and Coastal Access Act 2009 in England and Wales (and similar Acts in the devolved administrations) has brought in new domestic marine conservation zones that contribute to the establishment of an ecologically coherent network in UK waters. But the building of such a network is not so disentangled from EU law, considering Art 13(4) of the EU Marine Strategic Framework Directive (2008/56/EC) requires the formation of marine protected areas’ networks in the marine environments of Member States.

Clearly therefore, EU law has contributed much to the development of nature conservation in the UK. Moreover, being part of the EU means that the Commission can exercise its power to bring infringement proceedings against Member States for incomplete or ineffective implementation of EU law, thereby exercising an external check on implementation (for nature conservation, see Commission v UK, Case C-06/04 [2005]  ECR I-9017).

What would Brexit mean for the future of nature conservation law?


What is unknown however is what would Brexit mean for the future of nature conservation law in the UK because much depends on the type of post-Brexit EU-UK relationship and the agreement that will be negotiated. However, it could be argued that compared to other environmental sectors (such as waste and water) nature conservation may be more at risk.  

Indeed, even in the not-too-radical scenario in which the UK chooses to stay within the EEA, the future of nature conservation law will depend on whether there is political willingness to continue to abide by existing commitments, rather than legal obligations stemming from the EEA agreement. This is because, though the EEA agreement does contain many environmental provisions, nature conservation is excluded (Annex XX of the EEA agreement excludes the Habitats and Wild Birds Directive). Consequently, the future of nature conservation law is very uncertain in a post-Brexit world, even in the event of EEA membership.





[1] Candidate Special Areas of Conservation are sites that have been submitted to the European Commission, but not yet formally adopted.
[2] Sites of Community Importance are sites that have been adopted by the European Commission but not yet formally designated by the government of each country.
--------------------------------------------------
This blog has been written by Cabot Institute member Dr Margherita Pieraccini, a Lecturer in Law at the University of Bristol. 
Margherita Pieraccini

Comments

  1. Candidate Special Areas of Conservation are sites that have been submitted to the European Commission gpmi

    ReplyDelete

Post a Comment

Popular posts from this blog

The Diamond Battery – your ideas for future energy generation

On Friday 25th November, at the Cabot Institute Annual Lecture, a new energy technology was unveiled that uses diamonds to generate electricity from nuclear waste. Researchers at the University of Bristol, led by Prof. Tom Scott, have created a prototype battery that incorporates radioactive Nickel-63 into a diamond, which is then able to generate a small electrical current.
Details of this technology can be found in our official press release here: http://www.bristol.ac.uk/news/2016/november/diamond-power.html.
Despite the low power of the batteries (relative to current technologies), they could have an exceptionally long lifespan, taking 5730 years to reach 50% battery power. Because of this, Professor Tom Scott explains:
“We envision these batteries to be used in situations where it is not feasible to charge or replace conventional batteries. Obvious applications would be in low-power electrical devices where long life of the energy source is needed, such as pacemakers, satellite…

Brexit: can research light the way?

What could Brexit mean for UK science? What impact will it have on UK fisheries? Could Brexit be bad news for emissions reductions? These were just some questions discussed at a Parliamentary conference last week, organised by the Parliamentary Office of Science and Technology (POST), the Commons Library and Parliament’s Universities Outreach team.

MPs researchers, Parliamentary staff and academic researchers from across the country came together to consider some of the key policy areas affected by the UK’s decision to leave the EU.

Why does academic research matter to Parliament? Given the unchartered waters that Parliament is facing as the UK prepares to withdraw from the EU, it is more important than ever that Parliamentary scrutiny and debate is informed by robust and reliable evidence.

Academic research is expected to meet rigorous standards of quality, independence and transparency. Although it is far from being the only source of evidence relevant to Parliament, it has vital ro…

A response to Trump's withdrawal from the Paris Agreement

The decision by President Trump to withdraw from the Paris Agreement on Climate Change puts the United States at odds with both science and global geopolitical norms.  The fundamentals of climate change remain unambiguous: greenhouse gas concentrations are increasing, they are increasing because of human action, the increase will cause warming, and that warming creates risks of extreme weather, food crises and sea level rise. That does not mean that scientists can predict all of the consequences of global warming, much work needs to be done, but the risks are both profound and clear. Nor do we know what the best solutions will be - there is need for a robust debate about the nature, fairness and efficacy of different decarbonisation policies and technologies as well as the balance of responsibility; the Paris Agreement, despite its faults with respect to obligation and enforcement, allowed great flexibility in that regard, which is why nearly every nation on Earth is a signatory.

Mor…