SPA - Notes/Listing

Legislative context:

Article 4 of the EC Directive on the Conservation of Wild Birds 1979 EC/79/409, as amended 30.8.85 and 8.5.91): commonly known as the Wild Birds Directive. With GB the designation is operated through the SSSI mechanism for terrestrial sites; the Government is proposing new provisions for marine SPAS.

Criteria:

Article 4 of the Directive requires Member States of the EC to safeguard the habitats of migratory and certain particularly threatened species of birds (listed in Annex I of the Directive): "Member states shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species, taking into account their protection requirements in the geographical sea and land area where this Directive applies."

The key conservation objective, according to the Preamble to the Directive, is 'the preservation, maintenance or restoration of a sufficient diversity and area of habitat .... to ensure their survival and reproduction in their area of distribution.'

Background

The Wild Birds Directive was adopted in April 1979 by the European Council of Ministers, in response to the need to provide conservation measures for those birds which move between different member countries of the EC. It called upon Member States to implement the Directive within two years (by 1981) and provide a list of SPAs to be notified.

A list of candidate SPAs in Britain was drawn up by the (then) NCC. The latest version has been published in Hansard twice: for the whole of the UK on 17/7/1991, and for Scotland only on 16/6/1993. The Government has stated in planning circulars that it expects all candidate sites already notified as SSSI to be treated as if they were already designated.

All the obligations are on the Government. The Directive imposes strict legal obligations on EC countries and, if necessary, action may be brought at the European Court against Member States not complying with the Directive. Conservation measures required by the Directive include:

prohibition on the killing or taking of species listed in Annex I of the Directive;

monitoring of bird populations; and

the conservation of bird habitats as a means of maintaining populations.

The Government must also take appropriate steps to avoid pollution or deterioration of habitats, or any significant disturbances affecting important bird populations.

The Wild Birds Directive was not brought into UK legislation, although this will change under the expected Habitats and Species Directive legislation; at present, however, SPA designation affords no protection under UK law (although it does under EC law). Within the UK it is Government policy that SPAs have first to be notified as SSSIs to gain protection. According to European law the Government is obliged to ensure that developments within SPAs which might adversely affect the bird interest are only allowed in exceptional circumstances. The 'Leybucht judgement' indicated that within SPAs, bird conservation priorities could only be overridden by matters of public health and safety; this has since been altered by Article 7 of the Habitats Directive, which replaces Article 4.4 of the Wild Birds Directive, and brings the protection of SPAs into line with that of non-priority SACs. Developments which might adversely affect the conservation interest are permitted in cases of overriding public interest,' including social and economic factors.

Number of sites: 27

Area of sites: 57,579 hectares (0.73% of Scotland)

No. of proposed sites: 109

Listing (Scotland)

Loch Druidibeg, Loch a'Machair & Loch

Stilligary (Western Isles)

Isle of Rum (Highland)

Priest Island (Summer Isles)

Loch of Skene (Gordon)

Loch Eye (Ross & Cromarty)

Gruinart Flats (Islay)

Eilean Na Muice Duibhe (Duich Moss, Islay)

Bridgend Flats (Islay)

Laggan Peninsula (Islay)

Gladhouse Reservoir (Midlothian)

Hoselaw Loch (Roxburgh)

Handa (Highland)

Abernethy Forest (Grampian)

Forth Islands (East Lothian)

Fala Flow (East Lothian)

Ailsa Craig (Strathclyde)

Glac na Criche (Islay)

Feur Lochain (Islay)

Flannan,'Isles (Western Isles)

Fowlsheugh (Kincardine & Deeside)

Loch Ken & River Dee Marshes (The Stewartry)

Loch of Lintrathen (Angus)

Loch Spynie (Moray)

Shiant Isles (Western Isles)

St Kilda (Western Isles)

South Tayside Goose Roosts (Tayside)

Upper Solway Flats and Marshes

(Nithsdale and Stewartry)