Official Journal L 40

ISSN 1725-2555 Official Journal L40 of the European Union Volume 48 English edition Legislation 11 February 2005 Contents I Acts whose publication is obligatory ...... II Acts whose publication is not obligatory Commission 2005/101/EC: ★ Commission Decision of 13 January 2005 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Boreal biogeographical region (notified under document number C(2004) 5462) ........................................................................................... 1 Price: 30 EUR Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. 11.2.2005 EN Official Journal of the European Union L 40/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 13 January 2005 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Boreal biogeographical region (notified under document number C(2004) 5462) (2005/101/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (3) It is furthermore necessary, in the context of a process initiated since 1995, to make progress in the establish- ment of the Natura 2000 network, which is an essential Having regard to the Treaty establishing the European Com- element of the protection of biodiversity in the European munity, Community. Having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and (4) For the Boreal biogeographical region, lists of sites flora (1), and in particular the third subparagraph of Article 4(2) proposed as sites of Community importance within the thereof, meaning of Article 1 of Directive 92/43/EEC have been transmitted to the Commission between January 2003 and August 2004, in accordance with Article 4(1) of the Whereas: Directive, by Finland and Sweden. (1) The Boreal biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises parts (5) The lists of proposed sites were accompanied by infor- of the territory of Finland, Sweden and Lithuania and the mation on each site, supplied in the format established territory of Estonia and Latvia, as specified in the biogeo- by Commission Decision 97/266/EC of 18 December graphical map approved on 23 October 2000 by the 1996 concerning a site information format for proposed Habitats Committee set up under Article 20 of the Direc- Natura 2000 sites (2). tive. (2) This decision does not cover the territories of the (6) That information includes the most recent and definitive Member States that joined the European Community on map of the site transmitted by the Member State in ques- 1 May 2004. These Member States initiated the trans- tion, the site’s name, location and extent, and the data mission of their site proposals to the Commission on yielded by application of the criteria specified in that date. As a consequence, the Commission is not in a Annex III to Directive 92/43/EEC. position to integrate the information from these Member States into the present initial list of sites of Community importance, within the meaning of Directive 92/43/EEC. These data will be subject to a future Commission deci- (7) On the basis of the draft list drawn up by the Commis- sion, when all the pertinent information will have been sion in agreement with each of the Member States collected and when an in-depth scientific evaluation of concerned, which also identifies sites hosting priority the site proposals from these Member States will have natural habitat types or priority species, a list of sites been made. selected as sites of Community importance should be adopted. (1) OJ L 206, 22.7.1992, p. 7. Directive as last amended by the 2003 Act of Accession. (2) OJ L 107, 24.4.1997, p. 1. L 40/2EN Official Journal of the European Union 11.2.2005 (8) Knowledge of the existence and distribution of the Annex II to that Directive that occur in both marine natural habitat types and species is constantly evolving, territorial waters and as well as marine waters under as a result of the surveillance in accordance with national jurisdiction beyond territorial waters remains Article 11 of Directive 92/43/EEC. Therefore, the evalua- incomplete, it cannot be concluded that the network is tion and selection of sites at Community level was done either complete or incomplete for them. The relevant using the best available information at present. species and habitat types are listed in Annex 3 to this decision. Consequently, the Commission considers that (9) According to the settled case-law of the Court of Justice the initial list will be revised, if necessary, for the of the European Communities, to produce a draft list of different habitat types and species listed in Annex 3 to sites of Community importance, capable of leading to this Decision in accordance with the provisions of the creation of a coherent European ecological network Article 4 of Directive 92/43/EEC. of special areas of conservation, the Commission must have available an exhaustive list of the sites which, at (12) Annex 3 to this Decision also lists the other habitat national level, have an ecological interest which is rele- types of Annex I and species of Annex II to that Direc- vant from the point of view of the directive’s objective tive which are subject to scientific examination. of conservation of natural habitats and wild fauna and flora. [ð] Only in that way, moreover, is it possible to (13) The measures provided for in this Decision are in realise the objective, in the first subparagraph of accordance with the opinion of the Habitats Committee, Article 3(1) of the Directive, of maintaining or restoring the natural habitat types and the species’ habitats concerned at a favourable conservation status in their HAS ADOPTED THIS DECISION: natural range, which may lie across one or more fron- tiers inside the Community (1). Article 1 (10) On the basis of available information and on the The list contained in Annex 1 to this Decision shall constitute common assessments made within the framework of the the initial list of sites of Community importance for the Boreal biogeographic seminars, prepared by the European biogeographical region in accordance with the third sub- Topic Centre on Nature Protection and Biodiversity, and paragraph of Article 4(2) of Directive 92/43/EEC. the bilateral meetings held with the Member States, some Member States have not proposed sufficient sites That list is to be revised in the light of further proposals by to meet the requirements in Directive 92/43/EEC for Member States in conformity with Article 4 of Directive certain habitat types and species. It can therefore not be 92/43/EEC for certain habitat types and species, specified in concluded for these species and habitat types listed in Annex 2 and in Annex 3 to this Decision. Annex 2 to this Decision that the network is complete. However, taking into account the delay in receiving the Article 2 information and reaching agreement with the Member States, the Commission considers that it should adopt an This Decision is addressed to the Member States. initial list of sites which will need to be revised in accordance with the provisions of Article 4 of Directive 92/43/EEC for the habitat types and species listed in Annex 2 to this Decision for which indicated Member Done at Brussels, 13 January 2005. States have not proposed sufficient sites according to the requirements of Directive 92/43/EEC. For the Commission (11) Given that knowledge on the existence and distribution Stavros DIMAS of the natural habitat types of Annex I and species of Member of the Commission (1) Judgment of 11 September 2001, Case C-71/99 Commission v Germany [2001] ECR I-5811, points 27 and 28. 11.2.2005 EN Official Journal of the European Union L 40/3 ANNEX 1 Initial list of sites of Community importance for the Boreal biogeographical region Each site of Community importance (SCI) is identified by the information supplied in the Natura 2000 format, including the corresponding map. This has been transmitted by the competent national authorities in accordance with the second subparagraph of Article 4(1) (except for those habitat types and species listed in Annex 2 to this Decision). The table below gives the following information: A: SCI code comprising nine characters, the first two being the ISO code for the Member State; B: name of SCI; C: * = presence on the SCI of at least one priority natural habitat type and/or species within the meaning of Article 1 of Directive 92/43/EEC; D: surface area of SCI in hectares or length in km; E: geographical coordinates of SCI (latitude and longitude). All the information given in the Community list below is based on the data proposed, transmitted and validated by Finland and Sweden. ABCDE Area of SCI Length of SCI Geographical coordinates of SCI code Name of SCI * (ha) (km) SCI Longitude Latitude FI0100001 Bölsviken-Stormossen * 282 E 22 58 N 59 56 FI0100002 Tapelsåsen-Lindöviken-Heimlax * 516 E 23 12 N 60 1 FI0100003 Harpar Storträsket ja Lillträsket * 225 E 23 19 N 59 56 FI0100005 Tammisaaren ja Hangon saariston * 52 630 E 23 23 N 59 50 ja Pohjanpitäjänlahden merensuo- jelualue FI0100006 Tulliniemen linnustonsuojelualue * 2 566 E 22 51 N 59 48 FI0100007 Santalankorpi * 73 E 23 6 N 59 51 FI0100008 Bengtsårin lehto * 17 E 23 6 N 59 54 FI0100009 Varvarinsuo * 60 E 23 48 N 60 7 FI0100010 Tulijärvi-Makubergen

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