1. European Commission, DG Environment, Nature Unit
"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

2. Outline of the presentation
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

3. 1. Natura 2000 (Birds and Habitats Directives) Reminder

4. 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 threatened plants & animals & c.230 habitats
HABITATS DIRECTIVE
Site protection and management
Species protection & management
Annex I
Habitat types
Annex II species
Annex IV species
Annex V species

5. 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
Species protection
Migratory species
Annex I birds
All wild birds
Exemptions for species on annex II & III

6. Natura 2000 – based on two EU Directives

7. State of progress in establishing Natura 2000
sites
km²
18 % EU land
~4 % EU seas
Largest co-ordinated Protected Area network
Almost complete on land
Some additional work for marine

8. Communication and public awareness
Natura 2000 viewer
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9. 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

10. 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

11. 2. Where are we in the implementation of Natura 2000?

12. Main steps: Transposition by Member States: OK
Designation of sites: almost OK except on sea
Taking care of the sites: on-going
Management of the sites: establishment of conservation objectives and implementation of management measures: on-going, a lot to do
Protection of the sites: on-going, a lot to do
Avoiding significant impact due to new projects: on-going
Exceptions: Compensation measures: on-going, a lot to do
Reporting obligations: on-going

13. Habitats and Species related to Agriculture and water have worse status than others

14. EU common birds Index in Europe
Farmland: decrease  Forest: stability

15. Main sources of pressure:
Pollution
Fragmentation
Overexploitation
Climate change
Habitat loss
Invasive species
Etc.

16. 3. Where are the main enforcement issues?

17. 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

18. Where do problems occur?
Art. 6. and 6.4 of the Habitats Directive:
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 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

19. 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"

20. Where do problems occur?
Degradation of sites (Art. 6.2 HD)

21. 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:
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

22. I thank you for your attention 22 22