EU Exit: marine environmental legislation in Scotland

Explains the changes made to marine legislation to ensure that the law remains operable and effective from 1 January 2021

Annex 2 - Existing guidance

This annex provides examples of commonly used guidance documents relating to the legislation covered in this guidance. This existing guidance should continue to be used after exit day, using the interpretation table in Annex 1 to understand where terms and phrases will need to be read differently following amendments to legislation to ensure it continues to operate.

This is not an exhaustive list.

Implementing the Habitats and Wild Birds Directives

Designating European sites

European Commission note on the designation of Special Areas of Conservation (SACs)

European Commission guidelines for the establishment of the Natura 2000 network in the marine environment. Application of the Habitats and Birds Directives.

Setting conservation objectives

European Commission note on setting conservation objectives for Natura 2000 sites

European protected species

European Commission guidance on the strict protection of animal species of Community interest under the Habitats Directive 92/43/EEC

Marine Scotland guidance for Scottish inshore waters - The protection of marine European protected species from injury and disturbance

Further information on European protected species from the Scottish Government

Further information on European protected species from NatureScot

Management of European sites

European Commission note on establishing conservation measures for Natura 2000 sites

European Commission guidance on managing Natura 2000 sites - The provisions of Article 6 of the 'Habitats' Directive 92/43/EEC

European Commission guidance on assessment of plans and projects significantly affecting Natura 2000 sites - Methodological guidance on the provisions of article 6(3) and (4) of the Habitats Directive 92/43/EEC

Further guidance, including sectoral guidance, from the European Commission.

Guidance from the European Commission on European marine sites, including on establishing fisheries management measures under the Common Fisheries Policy.

NatureScot - Natura sites and the Habitats Regulations - how to consider proposals affecting SACs and SPAs in Scotland - the essential quick guide.

Wild Birds Directive

European Commission guidance document on hunting under Council Directive 79/409/EEC on the conservation of wild birds "The Birds Directive"

Further guidance from the European Commission on the Wild Birds Directive

Licensing and consents

Marine licensing

Marine Scotland guidance for marine licence applicants

Marine Scotland guidance on marine licensable activities subject to pre-application consultation

Renewable energy consenting and licensing

Marine Scotland offshore wind, wave and tidal energy applications: consenting and licensing manual

Environmental Impact Assessment (EIA)

General guidance

European Commission guidance on EIA, including screening, scoping and reports

NatureScot and Historic Environment Scotland Environmental Impact Assessment handbook - Guidance for competent authorities, consultation bodies, and others involved in the Environmental Impact Assessment process in Scotland

Marine Strategy Framework Directive

General information and guidance

European Commission guidance on the MSFD



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