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Scottish Executive
Environment and Rural Affairs Department | Landscapes and Habitats Division
Victoria Quay
Leith
Edinburgh
EH6 6QQhttp://www.scotland.gov.uk |
Consultation on the Conservation (Natural Habitats, &c.) Amendment (Scotland) Regulations 2006
In October 2005, the European Court of Justice ( ECJ) ruled that the UK had failed to adequately transpose certain aspects of Council Directive 92/43/ EEC on the conservation of natural habitats and of wild fauna and flora (the Habitats Directive) into domestic legislation (Case C-6/04). Until now many of these obligations have been delivered through policies and guidance without specific legislative transposition and by means of general legal duties.
The legislative vehicle for transposition of the Habitats Directive in the UK is the Conservation (Natural Habitats &c.) Regulations 1994 ("the Habitats Regulations"). Principally in light of Case C-6/04 (and also in light of case C-131/05 relating to trade in endangered species) Scottish Ministers have decided to amend the 1994 Habitats Regulations to provide accurate and effective transposition of the Habitats Directive.
The enclosed consultation document seeks your views on the Scottish Executive's regulatory proposals for ensuring better transposition of the Habitats Directive in Scotland. A similar consultation is underway in England and Wales and one is also planned for Northern Ireland.
The Scottish Executive invites comments from interested parties (especially business interests, environmental organisations, environmental experts, non-governmental organisations and members of the public) on the proposed legal framework. As is explained within the consultation document, replies are requested by 28 July 2006.
Landscapes and Habitats Division
June 2006
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