Use them!

On one of the last day’s of my trip to the USA I watched a killdeer calling in alarm as a man, unwittingly I think, disturbed the bird from its chicks.  The bird’s cries cut through the mist of the June Gloom on the California coast – I won’t forget the sound of them as I watched from a bridge.  The man was unaware of the bird’s distress and nature’s pain was not heard.

This government has abandoned any pretence of caring for the environment – it isn’t listening to killdeers or skylarks or nature as a whole.  Chancellors don’t often mention the environment (Gordon Brown practically never did) and when they do it’s usually to say something woolly and nice about it that they don’t really mean, so for George Osborne to lash out at it means that something is afoot.  It may be that Osborne, in positioning himself for a leadership bid in the fullness of time, sees the bear-like Boris as his main contender, and not being able to out-nice Boris he has decided to out-nasty him.  It seems to come easily to the Chancellor as his obvious contempt for social and environmental targets looked heart-felt rather than staged.  Osborne may feel that at times of hardship it is the tough leaders that are chosen and that therefore picking on public servants and wildlife show his determination to be a great leader.

Osborne isn’t stupid, whatever else he might be, and he can’t really believe that the nature directives are holding back the UK economy to any important extent – or can he?  If he only mixes with ‘leaders’ of industry then he will have experienced the drip, drip poison of moaning from the ports industry, the  aviation industry, the wind energy industry, the building industry, the transport infrastructure industry and others about the red tape and gold plating of the directives.  Maybe Mr Osborne should get out more and hear some other and better-informed views.  Ask the tourist industry what it wants and ask the voters what they want.

I wrote last week that, if anything, we have all been too reticent about using the nature directives to their full extent.  there has been a fear that if we use them then government might turn around and try to water them down – well, they have turned around to water them down so that consideration no longer applies.

And so I followed up by getting in touch with the EU about how to make a complaint about the UK government’s non-compliance with the Birds Directive and Habitats Directive.  I spoke to a very nice lady on the UK desk who seemed a little surprised to be having this conversation but confirmed that any EU citizen can launch a complaint.  So I think that’s what I shall do – and so could you too.

The nice lady told me that I should inform my government what I am doing so ‘Hello Defra!  I am going to complain about UK non-compliance with the nature directives!’.

She also told me that I should liaise with anyone else making complaints but she couldn’t tell me who they might be so if there is anyone out there who wants to compare notes then please get in touch.

And, she sent me a form, which she told me is not obligatory, which I attach to the bottom of this blog – there’s always a form isn’t there?

My grounds for complaint will be as sketched out last week in this blog.  The UK has not implemented Article 2 of the Birds Directive as it has not taken ‘the requisite measures to maintain the populations of the species referred to in Article 1 [‘all species of naturally occurring birds’]’.  Most of the action regarding the Birds Directive has been around protected areas but the Directive is quite clear that it covers much more than that as Article 3.2 makes clear when it talks about the management of areas inside and outside of protected areas.

I will be looking at three main areas as a basis for a complaint:

– the continuing decline of farmland birds at a rate greater than that in most EU countries

– the loss of hen harriers from the English uplands due to illegal persecution despite the designation of Special Protection Areas for their conservation

and

– the failure to designate a network of marine protected areas

If anyone, anywhere, wants to join in, help or comment then please do, either publicly or privately.  And if there is a legal practice out there which wishes to do some pro-bono work for the natural environment then please do get in touch.

I’ll be looking at the Habitats Directive too – but let’s start with the Birds Directive.

There is nothing, of course, to prevent all of you and far more people making similar complaints – if you are interested then please do get in touch.  Maybe we could make this a people’s complaint rather than my complaint.

 

—————————————————————————————————————————————————

For the Commission
Member State:

REQUEST FOR SUPPLEMENTARY INFORMATION
(For Site Related Aspects of Nature Conservation issues)

I would be grateful if you would complete this request for supplementary information. The purpose of this request is to help the Commission to more fully and accurately identify and evaluate the essential site-based nature conservation issues raised by your letter.
The provision of the requested information may be decisive for a proper handling of the environmental issue brought to the attention of the Commission, and, where appropriate, the making of representations to the national authorities.
I look forward to hearing from you within the next month.

Contact person:                Tel.            E-mail

Member States concerned:

Regions concerned :

1) Does the case have any direct link to Community nature conservation legislation?

Yes             No 

2) If yes to which directive ?
79/409  (the Birds Directive)
92/43  (the Habitats Directive)
Or which other legislation ?

3) Give a clear description of the subject of the environmental issue brought to the attention of the Commission (max. 1/2 page)

4)
Have you already contacted the responsible administrative authorities of your Member
State concerning your case
 No    Please explain why you have not contacted your national authorities before addressing                            the European Commission :
 Yes    Which one :

Answer / Results in brief

Please add if possible copies of the correspondence.

Have national court proceedings addressing the matter been commenced or are they envisaged?

 No
 Yes    Please give details:

Please add copies of court pleadings if possible

5)
5.1. Are you aware if any EC financing is directly involved (e.g. structural funds, Life, etc.) :
Yes   No 

5.2. If yes please give details :

6) Location

6.1. GENERAL DESCRIPTION OF THE SITE(S) AFFECTED

Name of Site(s):………………………………………………………………………………………………………………………….

Next big city close by : ………………………………………

Surface area (ha) : ……………………………………….

Special Protection Area1 :   Yes    No      Name :

Proposed site of community importance2 : Yes    No      NATURA 2000 Code : ……………………..

Is the area already under national protection   No   Yes : ………………………………………………………
(which one)

Scientific description :

6.2. MAP OF THE SITE OR SITES AFFECTED

MAPS ARE A VALUABLE AID TO UNDERSTANDING AND EVALUATING AN ENVIRONMENTAL ISSUE. WHERE POSSIBLE PLEASE THEREFORE SUBMIT A MAP OF GOOD QUALITY (I.E. WITH A SCALE OF 1:100000 OR HIGHER 1:50000).

The map should show the location of the plan /project referred to in your letter, and, if known, the boundaries of any designated or proposed nature conservation site (e.g. special protection area under Directive 79/409/EEC (wild birds)or proposed site on national list under Directive 92/43/EEC (habitats)).

Colours and symbols are  helpful means of clearly indicating and describing key information such as site boundaries and the location of any plan or project.

A clear legend giving the scale and explaining any colours or symbols used is also helpful.

    Maps can be presented on a format larger than A4, if necessary.

7. PRINCIPAL HABITATS DIRECTIVE ANNEX I HABITAT TYPES DIRECTLY AFFECTED

* :        Tick if the habitat type is a priority one according to Annex I of the Habitats Directive
Code :    Refer to the Habitats Directive
Name :    Name of the habitat type according to the Habitats Directive

*    Code    Name    Surface area for the site
ha

Comments (conservation status if known, significant effects of the plan/project,                               bibliographic references used)

8. HABITATS DIRECTIVE ANNEX II SPECIES DIRECTLY AFFECTED

G :        GROUP: M=Mammals, A=Amphibians, R=Reptiles, F= Fish, I=Invertebrates, P=Plants

* :        Tick if the species is a priority one according to Annex II of the Habitats Directive

G
*
SCIENTIFIC NAME
(IN LATIN)    POPULATION SIZE FOR THE SITE(S)
RESIDENT    MIGRATORY
BREED    WINTER    STAGE

Comments (conservation status if known, significant effects of the plan/project,                       bibliographic references used)

9. BIRDS SPECIES DIRECTLY AFFECTED

*
SCIENTIFIC NAME
(IN LATIN)    POPULATION SIZE FOR THE SITE(S)
RESIDENT    MIGRATORY
BREED    WINTER    STAGE

ANNEX I SPECIES OF THE BIRDS DIRECTIVE

OTHER MIGRATORY SPECIES

COMMENTS (conservation status if known, significant effects of the plan/project,                                 bibliographic references used)

10)

10.1 The plan project has already been approved by the competent authorities :
Yes             No  

10.2  If yes, by which act ?

10.3  and which authority ?

10.4  If the plan or project has not yet been approved, please indicate the administrative                                procedure being followed and the stage reached:

11)
11.1 Has any Environmental Impact Assessment (EIA) or environmental impact study
been done or is one in progress?                  Yes         No  

11.2. If yes, give a brief description of its results (max. 1/2 page)

12) a) Describe any alternative solution(s) to the plan or project which have been considered by the authorities (indicate on the maps if relevant)
(max. 1/2 page)

b)  Describe any other alternative solution(s) to the plan or project which you believe are feasible and which have not been considered by the national authorities (indicate on the maps if relevant) (max.1/2 page)

13) a) Describe any mitigation measures which have been proposed or considered by the national authorities (indicate in the maps if relevant)
(max. 1/2 page)

b)    Describe any mitigation measures which you consider feasible and which have not been considered or proposed by the national authorities (max.1/2 page)

14) a)  Describe any compensatory measures for nature conservation damage caused by the plan or project which have been proposed or considered by the national authorities (indicate in the maps if relevant)
(max 1/2 page)

b)  Describe any compensatory measures which you believe are feasible and which have not been considered or proposed by the national authorities (indicate on the maps if relevant) (max.1/2 page)

15) Other information (max. 1/2 page).  Copies of relevant studies and publications may be annexed.

Place    Signature

Date

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