Notes
Notes
1 The Natura 2000 network is a network of Special Areas of Conservation designated by the EU Member States under the Habitats Directive that creates an EU-wide program of protected areas of Community importance. All Member States are expected to contribute to the Natura project, which to a considerable extent explains the strong emphasis on the reform of national nature conservation legislation in fulfilling the environmental acquis as a key part of the accession process.
2 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora [1992] Official Journal L206/7. The most recent consolidated version of the Directive was adopted on 1 January 2007, following the latest round of accession to the EU, incorporating Bulgaria and Romania into a further enlarged EU of 27 Member States.
3 See http://www.eel.nl, accessed 1 June 2009.
4 Article 6 states, ‘[e]nvironmental protection requirements must be integrated into the definition and implementation of the Community policies and activities referred to in Article 3, in particular with a view to promoting sustainable development’.
5 The acquis denotes a substantial body of existing EU legislation, policy and case-law for which the legislation of the candidate country must be essentially similar by the time at which it accedes as a Member State.
6 Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds [1979] Official Journal L103/1.
7 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora [1992] Official Journal L206/7. The most recent consolidated version of the Directive was adopted on 1 January 2007, following the latest round of accession to the EU, incorporating Bulgaria and Romania into a further enlarged EU of 27 Member States.
8 COM (1998) 42.
9 Decision No 1600/2002/EC [2002] Official Journal L242/1.
10 See note 6.
11 See note 7.
12 Council Decision 2008/24/EC of 12 November 2007 adopting, pursuant to Council Directive 92/43/EEC, a first updated list of sites of Community importance for the Boreal biographical region [2008] Official Journal L12/118.
13 Article 1(1) of the Nature Conservation Act.
14 Article 2 of the Nature Conservation Act.
15 Article 4 of the Nature Conservation Act.
16 Article 26(1) of the Nature Conservation Act.
17 European Commission, MEMO/06/292 of 18 July 2006, p. 1.
18 Commission v. Ireland; Case C-183/05.
19 Opinion of Advocate-General Léger, at paragraph 39.
20 Opinion of Advocate-General Léger, at paragraph 69.
21 Council Regulation 338/97/EC of 3 March 1997 on the protection of species of wild fauna and flora by regulating trade therein [1997] Official Journal L61/1.
22 The term AGREEMENT is capitalised due to a quirk of the Convention, which provides for the adoption of two differing forms of regional instrument, both termed ‘agreements’ but which operate under slightly different conditions.
23 Article 3 of Council Decision 2006/871/EC;[2006] Official Journal L345/25.
24 Directive 2008/56/EC of the European Parliament and of the Council of 17 June 2008 establishing a framework for community action in the field of marine environmental policy [2008] Official Journal L164/19 [Hereinafter ‘MSFD’].