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The European Natura 2000 Protected Area Approach: a Practitioner’S Perspective

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The European Natura 2000 Protected Area Approach: a Practitioner’S Perspective www.iucn.org/parks 79 THE EUROPEAN NATURA 2000 PROTECTED AREA APPROACH: A PRACTITIONER’S PERSPECTIVE Roger Crofts 1* * [email protected], www.rogercrofts.net 1 WCPA Emeritus, Edinburgh, Scotland ABSTRACT Natura 2000 is the first and only regional biodiversity protected area approach in the world. Over its 20 years of existence it has been a positive force for conservation, but it has certain limitations. This paper assesses some of its strengths and weaknesses from a practitioner’s perspective. Overall, the assessment is positive as without it biodiversity loss would probably have been greater, and with it there is a unique transnational approach. The positive aspects identified are the biogeographical framework, pan-European classification of species and habitats, and the political will to implement it. The negative aspects are that it is a static approach to species and habitat conservation, the Natura approach to biodiversity conservation is being undermined by perverse subsidies from other EU funding mechanisms, especially the Common Agricultural Policy, and the effects of development on the fragmentation of habitats are dominant. Also, in practice, there has been a failure to implement wider countryside and connectivity measures. Lessons relevant to other parts of the world are discussed. KEYWORDS: Natura 2000, practitioner’s perspective, perverse subsidies, connectivity, lessons learned INTRODUCTION 1979); it is now known in its amended form as Directive The European Union (EU) programme for the protection 2009/147/EEC. The Directive provides for the of birds, and of species and habitats has been protection, management and control of all species of implemented primarily through Natura 2000. The paper naturally occurring wild birds on the European territory sets out the basis of the approach, assesses the strengths of EU Member States. It has a number of requirements. and the weaknesses, identifies some improvements Member States have to identify areas to be given special needed and provides lessons for other parts of the world. protection: for the rare or vulnerable species; for It is not a definitive and objective assessment. It is regularly occurring migratory species; and for the written from the perspective of a practitioner involved in protection of wetlands, especially wetlands of implementation of the approach in one EU Member State international importance. These areas are known as and with knowledge of protected areas systems around Special Protection Areas (SPAs). There are 195 species the world (see Crofts, 2008a and 2008b), in the hope of and sub-species listed in Annex I. stimulating debate in future issues of Parks on this globally significant protected area approach. There are now 5,372 terrestrial SPAs covering 768,141 km² and 874 marine SPAs covering 125,262 km² THE DIRECTIVES (European Commission, 2013). Natura 2000 is a key element in the implementation of two European Union Directives. Their essential The Habitats and Species Directive: The ‘Council components are as follows. Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild flora and The Birds Directive: Council Directive 79/409/EEC fauna’ (European Commission, 1992) (called the Habitats on the Conservation of Wild Birds was approved by the Directive hereafter) is much broader than the Birds Council of Ministers in 1979 (European Commission, Directive. Its purpose is ‘to promote the maintenance of PARKS VOL 20.1 MARCH 2014 Crofts 80 Figure 1 Natura 2000 network in Europe. Source: www.eea.europa.eu/data-and-maps/figures/natura-2000-birds-and-habitat-directives-1 PARKS VOL 20.1 MARCH 2014 www.iucn.org/parks 81 biodiversity, taking into account economic, social, region in the world. This is not only important in its own cultural and regional requirements’. Its aim is to right, but it recognises that species and habitats do not contribute to ensuring biodiversity through the recognise political boundaries. A unified approach across conservation of natural habitats and wild fauna and flora. 28 countries is a major achievement. It provides for the preservation of habitats and species of interest at the regional level of the European Union ‘Directive’ approach: The EU Member States have no Member States. It requires Member States to identify discretion about whether to implement the Directives. sites to be given special protection for the species and They have to translate the Directives into national habitats listed in the Annexes to the Directive. Sites are legislation, although precisely how that is done is for the identified by Member States. Following scrutiny by the national legislature to determine. Member States also EC, assisted by the European Topic Centre for Nature have very limited discretion on the number and Conservation in Paris and in consultation with Member distribution of sites to be classified in each country as States, the selected sites are classified as Sites of their submissions are scrutinised on a biogeographical Community Importance (SCI). When approved by the region basis by the European Environment Agency. For EC, the sites are designated by the Member State as a any development that might be in or impinge on the Special Area of Conservation (SAC). Around 200 types of interests of the species and habitats in a Natura 2000 natural and semi-natural habitat, almost 200 animal site, an appropriate assessment must be undertaken by species and over 500 plant species in need of protection the state authorities before any decision is taken. There are identified in the Annexes; these include those have been no set timescales for the implementation of habitats that have shrunk considerably and those that are the Birds Directive, and although timescales for outstanding examples of the typical characteristics of the implementing some of the provisions of the Habitats biogeographic regions of the EU. The Directive places Directive were set by the European Commission, special attention on those natural habitats and species individual Member States largely ignored them, and were that are in danger and defines these as priorities. It challenged either through the courts or as part of the requires the implementation of measures to maintain accession negotiations for new members wishing to join and restore the favourable conservation of all of the the EU. What freedoms there are relate to the species and habitats listed in Annexes I and II. The whole instruments for securing management, the processes for suite of sites for the natural habitats and the habitats of interaction with stakeholders, and the financial the species listed in the Annexes I and II should form a instruments used for implementation. ‘coherent European ecological network of special areas of conservation under the title Natura 2000’. Non-government organisations have complained about slow and weak implementation and called for tougher Sites are selected on the basis of species and habitats approaches and decisive implementation. These being endangered or sensitive at the EU scale within the organisations are ready and willing to take state parties framework of biogeographical regions, focusing to national courts, or report them to the European especially on representivity, ecological health, and the Commission, who could take them to the European Court size and density of population. of Justice (ECJ). Critical cases are where state parties have wished to develop major infrastructure projects on There are now 22,593 terrestrial SCIs covering 585,900 existing or proposed Natura 2000 sites on the grounds of km² and 1,769 marine SCIs covering 202,929 km² overriding public interest. ‘Appropriate assessments’, (Figure 1). The total number of Natura sites designated under the terms of Article 6 (2), have to be undertaken to under the two Directives is 26,444 with a total area of assess the implications of the proposals for the integrity 1,009,930 km² representing 17.9% of the land area of the of the site. It is possible for development to go ahead if 27 Member States. Information on the sites is available at the public interest can be achieved without adversely natura2000.eea.europa.eu/#. affecting the integrity of the interests for which the site is designated. In some cases, there have been proposals to POSITIVE COMPONENTS modify the boundaries to ensure that the proposed From the author’s practical experience, there are many developments are outside the designated area; see for positive attributes of the Natura 2000 system. example, the proposed development of the funicular railway in the Cairngorm Mountains of Scotland A regional approach: Most protected area systems (Scotland Court of Session, 1998). The resolution of around the world are developed at national level by the continuing disputes has to be through the courts; in the national authorities. The Natura 2000 network is the first instance through courts in the Member State, and if largest and most comprehensive system applied to any no resolution is found or if the court’s judgement is PARKS VOL 20.1 MARCH 2014 Crofts 82 Figure 2: Map of EU bioregions used as basis for site selection Source: http://ec.europa.eu/environment/nature/natura2000/sites_hab/biogeog_regions/index_en.htm contested, the case will go to the ECJ. See, for example, on biogeographical regions. Within these regions both the Court of Justice of the European Communities. 1993 representative and unique species and habitats are case on the Santoña marches, Spain and the Court of identified, and spatial connectivity between the sites, Justice of the European Communities 1996 case on through corridors and networks, is assessed (see Crofts, Lappel Bank, England. Most of these judgements have 2004). clearly articulated the primacy of nature protection and determined that, providing an ‘appropriate assessment’ Natura 2000 goes someway in the direction of best under Article 6 has been undertaken and it can be practice. The land territory of the Member States has demonstrated that there will be no significant impacts on been subdivided into nine biogeographical regions the species or habitats of the site, a development can go (Figure 2).
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