We have collected some frequently asked questions which have arisen during the implementation process in other Member States. Your personal question about NATURA 2000 is very welcome. We will try to answer it and – if it is important information for more people – publish it on this site.
1. What is happening to Europe’s biodiversity? - Back to top
During recent decades, the reduction and loss of biodiversity in Europe has accelerated dramatically. These trends include reduction and loss in terms of species as well as habitats and ecosystems. The overall loss and degradation of habitats has been intense. For example, wetlands in north and west Europe have been reduced by some 60% in recent decades. The European Environment Agency confirms that many European species are declining: 64 endemic plants of Europe have already become extinct in nature, 45% of butterflies and 38% of birds species are considered as threatened. Europe has already witnessed the extinction of the first species – the Pyrenean Chamois, which was protected under the Habitats Directive, but that protection came too late to save the species. The Iberian Lynx is now considered to be the most threatened cat species in the wild. It has been subject of a spectacular decline over the past ten years caused by the destruction of habitats and impacts on its prey species. The pressures responsible for this loss, i.e. urban, infrastructure and tourism development, agricultural and forestry intensification, etc. have continued over the last decade and there is a need for action at Community as well as at national level in order to protect Europe’s biodiversity...That is why the heads of governments of all EU countries committed themselves to the ambitious task of halting the loss of biodiversity by 2010. NATURA 2000 is a major part of the EU’s response to this challenge.
2. What is NATURA 2000? - Back to top
NATURA 2000 is the centrepiece of EU nature and biodiversity policy. It is an EU-wide network of nature protection areas established under the 1992 Habitats Directive. The aim of the network is to assure the long-term survival of Europe's most valuable and threatened species and habitats. It is comprised of Special Areas of Conservation (SAC) designated by Member States under the Habitats Directive, and also incorporates Special Protection Areas (SPAs) which they designate under the 1979 Birds Directive. The Habitats Directive identifies some 230 habitat types and over 1000 species of plants and animals of EU importance. The Birds Directive lists over 190 vulnerable species for which habitat protection through site protection is required. It also recognises the need to protect areas of importance for migratory bird species, especially wetland habitats.
3. Why a European Network for nature? - Back to top
The long-term conservation of these habitats and species cannot be achieved by protecting isolated pockets of nature however great their individual value. That is why it is so important that countries in Europe cooperate through Natura 2000 so that they can work to save threatened species and habitats across their entire natural range in Europe irrespective of national political and administrative boundaries. Many species like the European Crane migrate across Europe. If one country protects the species in their territory and another doesn’t, the chances of survival will be limited. On the other hand, by establishing a dynamic, living and ecologically coherent Natura 2000 network of sites across the European Union, there is a real chance that we manage to save Europe’s most valuable habitats and species. Currently there are around 25,000 sites in the Natura 2000 Network, together they cover a substantial area of the EU of 27 countries (around a fifth of the territory) – this is bigger than the whole of France.
4. How NATURA 2000 sites are selected? - Back to top
The selection of NATURA 2000 sites is based exclusively on scientific criteria, such as the size and density of populations of target species and the ecological quality and area of target habitat types present in the site. To select and designate NATURA 2000 sites all Member States and Candidate Countries have to pass three stages in dialogue with the European Commission:
Preparation of national lists of candidate NATURA 2000 areas Habitats and species considered as endangered or rare at the European or global level are included into the annexes of the Habitats Directive, except for birds which are covered by the Birds Directive. However, the level of knowledge about their distribution and conservation status varies among the Member States and is often seen to be insufficient as basis for the selection of appropriate sites. Therefore, it is often necessary to carry out a scientific evaluation of each habitat or species at the national scale as a first step in establishing the NATURA 2000 network. On the basis of this evaluation, the most important territories may be identified and entered into a national list of potential Sites of Community Importance (pSCIs) for further submission to the European Commission. Territories are selected according to a number of explicit criteria, including for example the conservation status of the site, the importance of the site at national level for the conservation of species and habitats mentioned by the Directive, or the population size and density of species included in the Directives and occurring in the sites.
Identification of Sites of Community Importance (SCIs) In the second stage, member states discuss the preliminary national list of candidate sites at biogeographical seminars organized by the Nature Topic Centre of the European Environment Agency, in order to finally identify Sites of Community Importance (SCIs) to be included into the NATURA 2000 network. The European Commission does this selection at the level of each biogeographical region (ie at a supra-national level) in cooperation with the Member States, scientific experts or Candidate Countries. Each territory proposed on the national list is evaluated according to a number of criteria such as the occurrence of priority species and habitats, the relative value of the site at national level for the protection of habitats and species mentioned by the Directives, the importance of the sites as migration routes and their geographical location in relation to important natural areas in neighbouring countries. After discussions between the member state and the EU, new sites may be added to the list while other sites may be deleted. In case of dispute between the member state and the EU, the Council of Ministers of the European Union makes the final decision. The final list of SCIs approved for each Biogeographical Region are published officially in the EU legislation (links to these or to dg nature www)
Nomination of Special Areas Of Conservation (SACs) When a territory has become an SCI, the Member State then has six years to designate it a Special Area of Conservation (SAC) under national law. It can do this in three ways :
Once this designation has taken place, the member state assumes full responsibility for active compliance with the obligation to maintain a favourable conservation status for the species and habitats for which the sites have been designated. Member States are thus allowed a maximum of six years for the establishment and adjustment of measures and administrative procedures necessary for the protection, monitoring and management of the NATURA 2000 territories.
The special case of the Birds Directive The designation of Special Protected Areas (SPAs) is anticipated in the Birds Directive. SPAs are nominated mainly for the protection of the most rare and endangered bird species at the European level, including migratory bird species. The Special Protected Areas (SPAs) are classified in one go and are directly included into the NATURA 2000 network. – ie they don’t go through an evaluation at biogeographical level. NATURA 2000 is comprised of sites designated by Member States under both the Birds and the Habitats Directive.
5. Is NATURA 2000 a network of parks and reserves? - Back to top
NATURA 2000 is not a system of strict nature reserves where all human activities are excluded. The "Habitats" Directive is contributing to the general aim of sustainable development. Its objective is to encourage the preservation of biodiversity while taking account of scientific, economic, social, cultural and regional requirements. The purpose of the NATURA 2000 network is therefore not to create nature sanctuaries where all human activity will be systematically excluded. The preservation of biodiversity in the designated sites may require human activities to be maintained or encouraged. Typical such example would be high biological value grasslands that depend on mowing and grazing to maintain their species richness. However, human activities must remain compatible with the conservation aims of the designated sites. When the management plans are being prepared, the Member States must assess each activity so as to prevent any deterioration of habitats or danger to the species for which the site was designated.
6. How much of their territory must Member States designate as an area protected under NATURA 2000? - Back to top
The nature directives do not say how much land and water need to be included in NATURA 2000. This will depend on the biological richness of the different regions. If, for example, a Member State is particularly rich in specific species and habitats, it is expected to designate sites in proportion to this wealth in bio-diversity. Thus, countries like Slovenia and Spain have designated over 30% and 23% of their land as Natura 2000.
7. Once a NATURA 2000 site has been designated, can any projects or new activities be authorized there? - Back to top
Article 6 of the Habitats Directive explains the situation clearly: any new plan or project likely to have a significant effect on a NATURA 2000 site must take account of the habitats and species for which the site is being protected. An appropriate assessment of the effects of the project on the site's conservation aims is therefore required. The national authorities are free to authorize an activity provided that the assessment shows that it will not have an significant adverse effect on the site. If it is found that the activity will adversely affect the site, and there are no alternative solutions, the activity concerned may only be carried out on the site if it is declared to be of major public interest. The Member State must then take all the required compensatory measures and inform the Commission thereof. However, if a site hosts priority habitats or species, the only considerations which may be raised, are those relating to human health, public safety or the environment. If there are other imperative reasons of overriding public interest, the Commission will be asked for its opinion.
Sometimes new development plans and projects are proposed that might have an impact on sites within the NATURA 2000 Network. These could, for instance, involve the construction of a new road, a tourism complex or the opening of a new quarry site. It could also involve major changes in current land uses within and around a NATURA 2000 site — such as the planting of a commercial forest plot or the conversion of rough grassland to arable land.
None of these activities are prohibited de facto within NATURA 2000. Instead, they are put through the following screening process in order to determine whether the plan or project can be permitted to go ahead or not.
There is an additional safeguard for plans or projects that are likely to affect a site hosting priority habitats or species—i.e. those that are especially endangered or vulnerable. In these cases the developer must demonstrate that the project is necessary for human health or public safety reasons, or it will provide benefits of primary importance for the environment.
Decisions relating to steps 1 to 3 are made by the national authorities in the Member State concerned. The European Commission – who’s duty it is to check that the EU laws are implemented correctly - only interferes in these decisions if there is an official complaint against the decision taken by the Member State or if the development proposal is likely to affect priority species or habitat types.
In the case of the latter, the European Commission can deliver an opinion that overrides step 2 if the Member State presents compelling arguments regarding its overriding public interest and accompanies this with an adequate compensation scheme. It must nevertheless be informed of all compensation measures proposed for any plans or projects that are approved under step 3 so that it can check that the coherence of the NATURA 2000 network as a whole is not affected.
8. Which restrictions will be applied when the NATURA 2000 network is put into practice? - Back to top
The Habitats and Birds Directives, although adopted at different times, are made up of a similar set of measures designed to safeguard Europe’s most valuable plants, animals and habitats. On the one hand, they protect species in their own right. Thus, the deliberate capture, killing or collection of certain wild plants and animals is strictly prohibited unless for specific well justified reasons, such as public health concerns. Activities, such as hunting and fishing, are also regulated to ensure that they remain sustainable.
On the other, the Directives also protect key areas for these species and habitat types as NATURA 2000 sites. These could be, for instance, important breeding, feeding or resting places for rare birds or areas that still harbour rare habitats like flower-rich meadows or natural forests.
In every NATURA 2000 site management must be done in a way that ensures the continued long-term survival of the species and habitat types for which they are designated. This means that within NATURA 2000 sites:
How this is achieved will depend on the specifics of each site. Some sites may be very small, just a few hectares (eg a bog), others may be huge and already protected as a Nature park like the Velebit Mountain, others still may be underground (bat caves) or far out at sea (underwater reefs).
But the majority are likely to form an integral part of our countryside and will still be used by people for farming, forestry, fishing, recreation. Indeed many sites in NATURA 2000 are valuable precisely because of the way they have been managed up to now. In such cases it will be important to ensure that these sorts of activities can continue in the future.
9. Is development restricted on NATURA sites? - Back to top
There is not any a priori prohibition of new activities or developments within NATURA 2000 sites. These need to be judged on a case-by-case basis. There is a clear procedure in the Habitats Directive for assessment and subsequent decisions relating to development proposals that are likely to have an impact on designated sites. See also: Once a NATURA 2000 site has been designated, can any projects or new activities be authorized there?
10. What are SPAs? - Back to top
SPAs is the abbreviation for Special Protection Areas which are one of the two classifications of NATURA 2000 sites (first classification: SPA, second classification: SAC). Their designation is based on the Birds Directive. SPAs help protect and manage areas which are important for rare and vulnerable birds because they use them for breeding, feeding, wintering or migration.
11. What are Special Protection Areas? - Back to top
See SPA
12. What are SACs? - Back to top
SAC is the abbreviation for Special Areas of Conservation which are one of the two classifications of NATURA 2000 sites (first classification: SPA, second classification: SAC) designated by the Member State. Their designation is based on the Habitats Directive and provides rare and vulnerable animals, plants and habitats with increased protection and management. Before a protected are becomes a "Special Area of Conservation", which has to be designated by the Member State, it has been identified as a Site of Community Importance (SCIs) – see also how are sites selected.
13. What are Special Areas of Conservation? - Back to top
14. When are candidate countries expected to designate NATURA 2000 areas? - Back to top
The early implementation of NATURA 2000 in candidate countries is important in order to ensure that future developments in these countries take full account of their rich NATURAl heritage. Therefore, no transition periods have been agreed with candidate countries for the NATURA 2000 network and they will be required to designate Special Protection Areas under the Birds Directive and propose Sites of Community Importance under the Habitats Directive at the time of Accession.
15. Is there an obligation for public consultation on the selection of Sites? - Back to top
The directive does not lay down rules regarding the consultation process to be followed in selecting the sites, which is for the Member States to determine in accordance with their administrative systems. The procedures for public consultation have varied considerably between Member States. In some countries, identification of the sites has been accompanied by detailed discussion with owners and users on management measures but in other cases there has been only little or no consultation with stakeholders. This has given rise to considerable controversy in some Member States with a variety of administrative and legal challenges, which have delayed the submission of proposals. The Commission is not involved at this stage but supports the consultation process by guidances, projects (LIFE+, Twinning, PHARE) and trainings.
16. What are “Biogeographical regions” of the EU? - Back to top
The EU has nine biogeographical regions, each with its own characteristic blend of vegetation, climate, topography and geology. The boundaries between each region are not hard and fast but they make it much easier to check how trends in species and habitat conservation vary under similar natural conditions across Europe, irrespective of national borders. The nine regions include: Alpine, Boreal, Atlantic, Continental, Pannonian, Mediterranean, Steppic, Black Sea and Macaronesian. Map or download
17. What are "Biogeographical Seminars"? - Back to top
Seminars are held for each biogeographical region to discuss the scientific assessments of the site-proposals by Member state. The DG Environment of European Commission chairs the discussions during the seminar while the European Topic Centre (More Information: ETC) provides a scientific evaluation of the proposals:
DG Environment, together with the Member states, established a format and timetable for the Biogeographic seminars (HAB 97/3 Rev. 3 10/11/97). The Biogeographic seminars include the following groups of participants:
• European Commission, • Member States, • Individual experts invited by ETC • Representative of the European Habitat Forum, (Nature conservation NGOs) • Representative of the Forum Natura 2000 , (land owner & users organisations) • Representative of accession countries or other Member States (as observers).
18. Are there also marine sites? - Back to top
NATURA 2000 sites can be designated on both land and water. There are several rare and threatened species and habitat types listed in the annexes to the Habitats and Birds Directive that require site protection under Natura 2000. Marine Special Areas of Conservation might include reefs, underwater meadows (Posidonia Beds), sand banks or important feeding areas for seabirds far out at sea or they can be closer to shore like sheltered bay and inlets used by rare marine life, high sea cliffs, saltmarshes, river deltas and coastal lagoons. Marine NATURA 2000 areas are protected by innovative conservation measures to ensure they are not over-fished, or affected by pollutants from sewage or shipping traffic.
19. Where can I get an up-to-date overview of NATURA 2000 sites (country by country?) - Back to top
The Commission publishes every 4 months a Natura 2000 Barometer which gives an overview of the number and size of sites per country . This is available under this link.
In addition the official biogeographical lists are published as official public Commision documents that can be downloaded under this link.
For more detailed information about specific sites there is the website of European Environment Agency EUNIS.
At present the main sources of information available on NATURA 2000 are to be found in web sites of the Member States. The Commission’s web site provides a link to these at: http://ec.europa.eu/environment/nature/home.htm. The Commission intends to provide information on the overall sites in the NATURA 2000 network once the Community lists of sites have been adopted.
20. Who looks after the NATURA 2000 sites? - Back to top
Member States are responsible for ensuring that all NATURA 2000 sites are appropriately managed by conservation authorities in each country. As many of the sites are in private ownership or being used for a variety of economic activities, and key function of the conservation authorities is to work in partnership with other authorities, voluntary bodies, local or national charities and private landowners to determine how and by whom the site should be managed.
21. Are there management obligations with regard to the NATURA 2000 sites? - Back to top
Article 6 of the Directives obliges the Member State to establish conservation measures. Management plans, specifically designed for the sites concerned or integrated into other development plans seem to be the best way of achieving this. Objectives can be identified, problems foreseen and solved with the owners or users of the site, implementing mechanisms defined and long-term conservation plans established. Each Member State is free to choose the method and type of measures to be taken. Whether statutory, administrative or contractual, they must prevent any deterioration of the site and if necessary restore them.
22. How NATURA 2000 will be financed? - Back to top
Under the terms of Article 8 of the Directive, each Member State estimated the amounts needed for the conservation of sites hosting priority habitats or species and informs the European Commission. The Commission participate in the co- financing of measures essential for the conservation of the NATURA 2000 sites. Since the beginning of the 1980s, the European Commission has been financing nature conservation projects in the Member States. The current Community LIFE fund is already supporting the creation of NATURA 2000 by financing activities on future network sites. However, the nature component of the available LIFE funds will not be sufficient to meet the needs of all the sites in the long term. Other resources have been mobilized with the integration of the Community environment policy into other Community policies. Rural Development, Structural Funds, the Cohesion Fund, Fishery funds and several Community initiatives are supporting the sustainable economic use of NATURA 2000 sites. More information:
23. Do Member States have to ensure compliance with NATURA 2000 legislation to receive structural funds or funds under the Common Agricultural and Fisheries Policies? - Back to top
Member States should ensure full compliance with the legal requirements of NATURA 2000 regardless of whether or not they are in receipt of Structural Funds. However, it is particularly important to ensure compliance in situations that involve Community funded programmes. In light of this concern the Commission previously indicated to Member States that a failure to present lists of NATURA 2000 sites could result in the suspension of payments under certain structural fund programmes. The threat of suspension of payments from such programmes was a precautionary measure to ensure that Community funded programmes would not contribute to irreparable damage to sites before they have been proposed officially for the protection under the NATURA 2000 regime.
24. How is the Commission involved with Member States? - Back to top
The Commission works closely with Member States and key stakeholder groups on implementation issues. This is ensured through the Habitats and Ornis Committees, which have a statutory role in implementation of the nature directives, and a more recently established biannual meeting with authorities of Nature conservation. Regular meetings are also held with the European Habitats Forum and Habitats Users Forum, which represent the different key stakeholders. These contacts are invaluable for discussion of issues including the financing and protection of the NATURA 2000 network. The Commission is also developing guidance documents on a range of topics to promote better implementation.
25. What is the role of NATURA 2000 in EU biodiversity policy? - Back to top
It was in recognition of the importance of safeguarding biodiversity that the European Council in Göteburg in June 2002, set the objective of halting bio-diversity decline within the Union by 2010. The achievement of this objective is identified as one of the priority themes under the EU’s 6th Environmental Action Programme. EU biodiversity policy has two main complementary approaches. Firstly, it aims to integrate biodiversity considerations into all the relevant policy sectors such as agriculture, fisheries, and transport as well as into policy instruments such as environmental liability, ecolabelling etc; This is an important focus of the EU’s Biodiversity Strategy and its sectoral integration plans, which have recently been approved. Secondly, targeted measures are needed to ensure the survival of many species and habitats that are already under threat. This is the role played by NATURA 2000, which aims to assure the long-term survival of Europe's most vulnerable species and habitats, by ensuring that a sufficient number and area of their most important sites are adequately protected and positively managed. These site conservation measures are complemented by other species protection provisions of the nature directives.
26. Are there infringements on NATURA 2000? - Back to top
The Commission receives several hundred complaints each year relating to the nature directives. Over 80% of these complaints are closed after first informal contacts with the Member States and only a small percentage become infringement proceedings. The vast majority of cases are resolved through the normal procedure and do not come before the Court of Justice. In 2001 DG ENV received 345 complaints relating to these directives, of which 131 have already been closed and only 9 transformed into infringement cases. The nature of the infringements varies. They include cases relating to deficiencies in national transposing legislation, incomplete designations, and lack of implementation reports. They also involve cases concerning the unsatisfactory application of the protection regime of the Habitats and Birds Directives in relation to planned development. Amongst other reasons it is necessary to address such unsatisfactory application of the directives in order to ensure that any envisaged use of Community funds for development does not conflict with Community law. In those Member States which have made good progress with designations and which also have more open and participatory planning processes (e.g. Denmark, Netherlands and United Kingdom) the Commission generally receives fewer complaints. Therefore, stronger and more effective mechanisms for handling complaints within Member States could also reduce the volume of cases being handled directly by the European Commission.
27. How European Commission helps Member States to implement NATURA 2000? - Back to top
The European Commission has developed some very useful guidance to help to understand terms and procedures of the Directives and to ensure unit interpretation. EC - Guidances Regular contact and dialogue with the Member States is ensured both through the Habitats and Ornis (Birds Directive) Committees and the more recently established biannual meeting with Nature Directors. This provides an invaluable forum for early discussion of emerging issues.