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Detail of Legislative Proposals
The Habitats Directive
18. The Habitats Directive aims to protect biodiversity through conservation of natural habitats and species of wild fauna and flora. It requires all EU Member States to protect certain species and habitat types.
19. The Directive requires the establishment of a coherent network of protected sites (this network is called "Natura 2000"). The sites which make up the network comprise both Special Protection Areas ( SPAs) for birds identified under the Birds Directive (through Article 3 of the Habitats Directive) and Special Areas of Conservation ( SACs) for habitats and species under the Habitats Directive.
20. The Habitats Directive requires Member States to nominate sites for designation as Special Areas of Conservation ( SACs). Once designated, these sites are subject to the protection measures provided by the Directive (principally Article 6). Article 7 of the Habitats Directive applies Article 6 obligations to SPAs.
21. The Directive also requires Member States to introduce a system of strict protection for species of fauna and flora listed in Annex IV to the Directive, and to prohibit indiscriminate means of capture and killing of animals listed in Annex V, together with requiring surveillance to ensure the favourable conservation status of those animals.
The Habitats Regulations 2006
22. The Habitats Regulations 2006 will be made under section 2(2) of the European Communities Act 1972. It is intended that the regulations will be subject to draft affirmative procedure in Parliament.
23. A full reading of the proposed Conservation (Natural Habitats, & c.) Amendment (Scotland) Regulations 2006 ("the Habitats Regulations 2006") (included at Annex A) is recommended. The following is provided only as an introduction to the main elements.
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