§ Lord Pearson of Rannoch
asked Her Majesty's Government:
Further to the Written Answer by Lord Whitty on 29 November (WA 134), whether when the European Commission asked member states to submit additional sites as potential special areas of conservation or special protection areas it acted in accordance with Article 174.3 of the Treaty Establishing the European Community: and, if so, why. [HL42]51WA
§ The Parliamentary Under-Secretary of State, Department of the Environment, Transport and the Regions (Lord Whitty)
The UK and other member states were asked to submit additional sites as special areas of conservation because the European Commission judged that site lists transmitted were insufficient. While Article 174.3 refers to Community policy on the environment, the Habitats Directive is legislation already in place. In these circumstances, therefore, which relate to judgments about whether member states have implemented directives sufficiently, Article 174.3 does not apply.