Habitats Directive meaning

In this issue: EU fundamentals Competition and state aid Data protection and cybersecurity Free movement, immigration and employment Financial services Energy Environment IP Life sciences Regulatory TMT International trade Daily and weekly news alerts New and updated content EU fundamentals European Commission releases May 2024 infringement package The Commission has published the May 2024 infringement package, setting out the EU Member States it is taking action against for failing to comply with their obligations under EU law. The May 2024 package comprises formal letters of notice to Portugal for not correctly transposing Directive 92/43/EEC (the Habitats Directive), to Italy for failing to fully and correctly transpose Directive (EU) 2019/904 (the Single-Use Plastics Directive) and for breaching obligations under Directive (EU) 2015/1535 (the Single Market Transparency Directive), and it also refers Italy to the Court of Justice for failure to ensure the correct implementation of Directive 2014/89/EU (the Directive establishing...

In this issue: Air emissions and climate change Contamination and pollution Energy efficiency and buildings Environmental assessment Environmental liabilities, due diligence and insurance Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Health and safety Key developments and materials Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts Trackers New and updated content Useful information Air emissions and climate change CCC releases review of the Third National Adaptation Programme The Climate Change Committee (CCC) has issued an early review of the Third National Adaptation Programme (NAP3), designed to ready the nation for the impacts of climate change. In that review, the CCC concludes the current adaptation policy is not working, citing three principal shortcomings: adaptation across the UK is underfunded; action by the private sector is poorly understood; and the mechanisms to...

In this issue: Air emissions and climate change Energy efficiency and buildings Energy efficiency of products Energy for environmental lawyers Environmental enforcement and prosecutions Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Environment Highlights 2025/2026 Air emissions and climate change Welsh Government updates climate change targets and carbon budgets guidance The Welsh Government has refreshed its guidance on climate targets and carbon budgeting, setting out Wales’s legal framework for reaching net zero by 2050. It confirms interim cut targets of 63% by 2030 and 89% by 2040, and prescribes five‑year carbon budgets with a 0% carbon credit cap, requiring delivery through domestic measures only. The guidance also explains oversight arrangements with the Climate Change Committee and...

Water pollution Polluted water can kill fish and other aquatic life, harm habitats, threaten drinking supplies, lower water quality and foul beaches. Many kinds of contaminant can enter waters—chemicals, microplastics, petrol, oils and fats, ammonia in sewage, mine waste, nitrates from farming and solid waste. Definitions of water ‘Controlled waters’ Relevant territorial waters (seawater to three nautical miles) Coastal waters (eg tidal waters) Inland freshwaters (rivers, streams, watercourses, lakes and ponds) Groundwaters (water stored in rock layers beneath soil) Section 104 of the Water Resources Act 1991 (WRA 1991) ‘Surface water’ Inland waters (all standing or flowing surface water, except groundwater) Transitional waters (partly saline estuaries substantially influenced by freshwater flows) Coastal waters (water up to one mile seaward) The Water Environment (Water Framework Directive) (England and Wales) Regulations 2017, SI 2017/407, Sch 1 ‘Groundwater’ — all water below the ground surface...

The EDR is given effect in England and Wales by the Environmental Damage (Prevention and Remediation) (England) Regulations 2015, SI 2015/810, together with the Environmental Damage (Prevention and Remediation) (Wales) Regulations 2009, SI 2009/995. Under the EDR, operators whose activities are responsible for serious environmental incidents must take steps to prevent harm and to remedy any resulting damage. See Practice Notes: Environmental damage regulations—overview Environmental damage—when does the environmental damage regime apply? Environmental damage—potential liabilities Environmental damage—operators’ obligations, enforcement, offences and appeals The environmental damage regulations implement the requirements of the Environmental Liability Directive 2004/35/EC. See Practice Note: EU Environmental Liability Directive—snapshot. Environmental damage includes damage to: land marine waters protected species or natural habitats sites of special scientific interest (SSSI) surface water or groundwater Environmental damage to land Environmental damage to land means contamination of land by substances, preparations, organisms or micro-organisms which results in a 'significant risk...

Introduction The Habitats Regulations Assessment (HRA) requires the evaluation of any ‘plans or projects’ that could have a ‘likely significant effect’ on a European site. Such proposals may proceed only when the competent authority is satisfied they will not result in an ‘adverse effect on the integrity of a European site’. Where adverse effects are found, or where their consequences remain uncertain, permission can be given solely if particular ‘derogations’ apply. See Practice Notes: Implementation of the EU Habitats Directive in England and Wales and Appropriate assessment/habitats regulations assessment. Screening Is the proposed activity a 'plan or project'? The HRA applies only where the proposal amounts to a ‘plan or project’. Although the legislation does not define these expressions, they are commonly afforded a very broad interpretation, encompassing a wide range of activities and circumstances. If the proposal is not a plan or project, there is no requirement to carry out screening to decide whether an appropriate assessment is needed. However, separate authorisations—such as planning permission—may still...