Transcript Slide 1

"The level of implementation and
enforcement of the Habitats and Birds
Directives"
Joseph van der Stegen
European Commission, DG Environment, Nature Unit
IMPEL Conference,
Valletta, 3 October 2013
Outline of the presentation
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Natura 2000 (Birds and Habitats Directives) – reminder
Where are we in the implementation of Natura 2000?
Where are the main enforcement issues?
The role of IMPEL
1. Natura 2000
(Birds and Habitats Directives)
Reminder
Objective and scope of Habitats Directive
 To contribute towards ensuring biodiversity through conservation of
natural habitats and species in EU
 To ensure that these species and habitat types are maintained at, or
restored to, a ‘favourable conservation status’.
 Focus on 1000+ threatened plants & animals & c.230 habitats
HABITATS DIRECTIVE
Site protection and
management
Annex I
Habitat types
Annex II
species
Species protection &
management
Annex IV
species
Annex V
species
Objectives and Scope of the Birds Directive
 Protects all species of naturally occurring birds in the
wild state in the EU.
 Overall objective is to maintain the populations of all wild bird
species in the EU at a level which corresponds to their ecological,
scientific and cultural requirements, or to adapt the population of
these species to that level.
BIRDS DIRECTIVE
Site protection
Migratory
species
Annex I
birds
Species protection
All wild
birds
Exemptions for
species on
annex II & III
Natura 2000 – based on two EU Directives
State of progress in establishing Natura 2000
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26 400 sites
986 000 km²
18 % EU land
~4 % EU seas
Largest co-ordinated Protected
Area network
Almost complete on land
Some additional work for marine
Communication and public awareness
Natura 2000 viewer
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Key protection principles of Natura 2000
 Conserves species & habitats across entire
natural range in EU, irrespective of political
boundaries;
 Selects sites using the same scientific criteria;
 Offers strong legal protection but has high
flexibility and subsidiarity provisions;
 Works in collaboration with land owners & users;
 Supports sustainable development : new
activities or development affecting N2000 are not
automatically excluded, not all strictly protected
areas
EU Biodiversity Strategy 2011
Target 1 - Nature conservation
A 2020 HEADLINE TARGET: Halt the loss of biodiversity and ecosystem
services in the EU and restore them insofar as feasible (…)
To halt the deterioration in the status of all species and habitats covered by EU
nature legislation and achieve a significant and measurable improvement in their
status by 2020:
Increase stakeholder awareness and involvement and improve enforcement
2. Where are we in the
implementation of Natura 2000?
Main steps:
1. Transposition by Member States: OK
2. Designation of sites: almost OK except on sea
3. Taking care of the sites: on-going
1. Management of the sites: establishment of conservation
objectives and implementation of management measures: ongoing, a lot to do
2. Protection of the sites: on-going, a lot to do
3. Avoiding significant impact due to new projects: on-going
4. Exceptions: Compensation measures: on-going, a lot to do
4. Reporting obligations: on-going
Habitats and Species related to Agriculture and water have
worse status than others
EU common birds Index in Europe
Farmland: decrease
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Forest: stability
Main sources of pressure:
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Pollution
Fragmentation
Overexploitation
Climate change
Habitat loss
Invasive species
Etc.
3. Where are the main
enforcement issues?
Commission enforcement policy
• Commission obligation to ensure application of
EU law
• But: primarily MS obligation
• Enforcement is within context that includes
compliance promotion, e.g. guidance documents,
LIFE funding, EU Pilot
• Enforcement related to citizen
complaints/European Parliament petitions
• Trend towards strategic use of enforcement
powers confirmed by 2008 Communication -
Initiative on environmental surveillance, inspections and investigations
DG ENV open cases per sector (339) on 31/12/2011
MISCELLANEOUS
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0%
WATER
80
25%
IMPACT
43
13%
LIABILITY
1
0%
CHEMICALS
26
8%
AIR
35
10%
NATURE
76
22%
WASTE
76
22%
INFORMATION
1
0%
Where do problems occur?
• Art. 6. and 6.4 of the Habitats Directive:
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Trying to avoid Art 6.3. appropriate assessment (AA), alternatives not properly
examined, effects assessed on species and habitats status quo, not on the
conservation objectives, "salami slicing", no AA on projects outside Natura 2000
when necessary, mixing-up mitigation and compensation measures
Trying to avoid concluding on significant impact and compensation measures
Inadequate compensation measures or no follow-up
Permitting conditions not respected
Where do problems occur?
• Lack of consideration for protection measures for species outside
Natura 2000 (Art. 5. of the Birds Directive and 12 of the Habitats
Directive)
• Non-compliance with the hunting provision (Art. 7 BD)
• Misuse of derogations (Art. 9 BD, Art. 16 HD)
• Illegal taking, capture, killing of protected
species – special focus on
"Illegal Killing, trapping and trade of birds"
Where do problems occur?
• Degradation of sites (Art. 6.2 HD)
The role of IMPEL?
• "Green issues" = new for IMPEL
• Enforcement = key issue for success
• Very relevant to exchange information on the implementation of
the BD & HD and share best practices across Member States
• Possible topics for IMPEL:
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Implementation of Art. 6. & 6.4 across Member States
Illegal killing of birds: sharing information on closed-rings, IMPEL
Implementation Review, collaboration with other EU networks (judges,
prosecutors), Contribution to the establishment of National Action Plan to
combat illegal killing of birds
I thank you for your attention
[email protected]
http://www.cc.cec/dgintranet/env/b3/index.htm
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