Site Specific Requirements of Natura 2000 Sites Based on The

Improving the performance of the Natura 2000 network through a ‘Green Listing’ approach

Identifying the site specific requirements of Natura 2000 sites based on the provisions of the EU Nature Directives and their relation to the Criteria and Generic Indicators of the IUCN Green List Sustainability Standard

Table of Contents

1. Executive Summary ...... 2 2. Introduction ...... 3 3. The Nature Directives and Natura 2000 requirements ...... 4 3.1. Habitats Directive ...... 5 3.1.1. Site designation ...... 5 3.1.2. Management ...... 8 3.1.3. Surveillance ...... 10 3.1.4. Reporting ...... 11 3.1.5. Ecological Connectivity ...... 12 3.2. Birds Directive ...... 12 3.2.1. Site designation and management ...... 13 3.2.2. Reporting ...... 13 4. Comparison of the requirements of Natura 2000 sites with the IUCN Green List Sustainability Standard Generic Indicators and Means of Verification ...... 15 4.1. Component 1 – Good Governance ...... 15 4.2. Component 2 – Sound Planning and Design ...... 17 4.3. Component 3 – Effective Management ...... 20 4.4. Component 4 – Successful Conservation Outcomes ...... 23 5. Conclusions ...... 23 6. Bibliography ...... 25 7. Annexes ...... 26 Annex I: EU Birds Directive ...... 26 Annex II: EU Habitats Directive ...... 26 Annex III: Natura 2000 Standard Data Form and Explanatory Notes ...... 26

1. Executive Summary

This report summarises the results of a desk study which aimed to identify the site specific requirements of Natura 2000 sites based on the provisions of the EU Birds and Habitats Directives (the Nature Directives (NDs)) in terms of management, monitoring, reporting, and ecological connectivity between sites. In addition, this desk study carried out a comparison between the IUCN Green List Criteria and its Generic Indicators, and the identified site specific requirements of Natura 2000 sites. This report comprises a key initial step in the implementation of the LIFE project ‘LIFE Green List for Natura 2000)’ (LIFE16 PRE BE 001).

The desk study identified several legal requirements set out in the Nature Directives that all Member States (MS) must comply with. Many of these are related to the establishment, legal protection, management and monitoring of the Natura 2000 network. Other legal requirements, while not directly applicable at the site level, nevertheless have implications for Natura 2000 sites. In addition to the desk study, several interviews were carried out with members of the European Commission, the European Environment Agency and other Natura 2000 experts to validate the results, namely with Nicola Notaro, Fotios Papoulias, Micheal O’Briain, Carlos Romão, and Ian Jardine. Finally, the report was reviewed by Frank Vassen from the European Commission. A summary of the legal requirements of Natura 2000 sites is included below:

 Sites must take into account economic, social, cultural and regional requirements;

 Sites identified as being of Community interest must be officially designated as Special Conservation Areas (SACs) within 6 years of their identification and adoption as SCIs. This must be done through a SAC Designation Act. No such 6-year deadline applies for Special Protection Areas to be designated by Member States under the Birds Directive;

 Member States must define Conservation Objectives and Conservation Measures at site level involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures. These measures must correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II of the Habitats Directive present on Natura 2000 sites. For SPAs, these measures must ensure the long-term survival of wild bird species occurring on the sites;

 All Natura 2000 sites must complete a Standard Data Form1, which should be updated regularly based on the best available information for each site; the information on species and habitats included in the SDF should be complete and reflect the status quo of these features in the site;

1 Commission implementing decision (notified under document C(2011) 4892) (2011/484/EU)

 Member States must take appropriate steps to avoid the deterioration of natural habitats and the habitats of the species for which the site was designated (including significant disturbance);

 All plans or projects that may adversely impact on the Conservation Objectives of Natura 2000 sites require a prior assessment of their impacts and MS should only approve plans/projects which do not have a significant negative impact on the Conservation Objectives of the sites. However, if the project/plan is approved by reasons of imperative overriding public interest, compensatory measures must be put in place and communicated to the European Commission;

 Every 6 years, Member States report on the implementation of the Nature Directives at the national level, the progress made and how close they are to achieving FCS for species and habitats in the Annexes of the Habitats Directive. Similar reporting requirements exist for all wild bird species in the EU under the Birds Directive.

The current report also identifies synergies and gaps to inform the potential adaptation of the IUCN Green List Generic Indicators and Means of Verification to Natura 2000 sites. It was concluded from the desk study that there is a significant overlap between the legal requirements of Natura 2000 sites and the Generic Indicators of the IUCN Green List Sustainability Standard. In total, 19 of the 50 Generic Indicators (38%) would be expected to be met by Natura 2000 sites since they are legal requirements. In addition, a further six Generic Indicators are at least partial legal requirements. Potential Means of Verification identified for Natura 2000 sites include SAC Designation Acts, Standard Data Forms and Management Plans or equivalent.

The IUCN Green List Sustainability Standard goes well beyond the legal requirements of the Nature Directives. Broadly speaking, management mechanisms are well defined under the NDs, but governance and stakeholder participation less so. While these aspects are not requirements, they are considered good practice and encouraged.

The Generic Indicators are compatible with the legal requirements of the NDs and it is expected that only slight modifications will be needed at the Indicator level. The IUCN Green List Sustainability Standard could add value to the current reporting schemes under the NDs by facilitating access to site level information and promoting best practice management that focusses on conservation outcomes for major site values.

2. Introduction

This report summarises the results of a desk study, as part of the LIFE project “LIFE Green List for Natura 2000” (LIFE16 PRE BE 001) that aimed to identify the site specific requirements of Natura 2000 sites based on the provisions of the EU Birds and Habitats Directives (the Nature Directives (NDs)) in terms of management, monitoring and reporting, as well as ecological connectivity between sites. In addition to the desk study, several interviews were carried out with members of

the European Commission, the European Environment Agency and other Natura 2000 experts to validate the results, namely with Nicola Notaro, Fotios Papoulias, Micheal O’Briain, Carlos Romão, and Ian Jardine. Finally, the report was reviewed by Frank Vassen from the European Commission. A summary of the requirements as outlined in the NDs is included in this report.

A thorough comparison between the requirements identified and the IUCN Green List Sustainability Standard Generic Indicators and Means of Verification was also carried out, and the main conclusions can be found in this report. A more extensive description of whether each Generic Indicator is a legal requirement under the NDs or not can be found in the Supplementary Material to this report.

Some potential Means of Verification for Natura 2000 sites have been identified and are briefly described. Finally, the main conclusions from the analysis are examined.

3. The Nature Directives and Natura 2000 requirements

Nature conservation policy in the European Union is based on two main pieces of EU legislation – the 1979 Birds Directive and the 1992 Habitats Directive - jointly referred to as the Nature Directives (NDs).

The Birds Directive (Directive 79/409/EEC) was adopted in April 1979 and is the oldest piece of EU legislation on the environment. Amended in 2009, it became Directive 2009/147/EC. This Directive places great emphasis on the protection of habitats for threatened and migratory bird species. It establishes a network of Special Protection Areas (SPAs) including the most suitable territories for bird species listed in Annex I.

The Habitats Directive (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora) was adopted in 1992 and aims to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements. It also establishes a coherent European ecological network of Special Areas of Conservation (SACs) known as the Natura 2000 network. Since 1994, all SPAs established under the Birds Directive are included in the Natura 2000 ecological network. The Nature Directives should therefore be considered as a whole, and distinctions should not be made between the requirements of SPAs and SACs, as they are regarded as largely equivalent.

There are several legal requirements set out in the NDs that all Member States must comply with, and many of these are related to the setting up, management and monitoring of the Natura 2000 network. Others, while not directly applicable at the site level, nevertheless have implications for Natura 2000 sites.

3.1. Habitats Directive

The overall aim of the Habitats Directive is to achieve and maintain Favourable Conservation Status (FCS) of the natural habitat types and species of Community interest at EU level. According to Article 2(2) of the Habitats Directive, “measures taken pursuant to this Directive shall be designed to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest”.

The species and habitats of Community interest can be found in Annex I (habitat types) and Annex II (species) of the Directive. There are 233 rare and characteristic natural and semi-natural habitat types in Annex I and about 900 species listed in Annex II. In addition, there is a subset of priority natural habitat types and priority species in Annexes I and II, for the conservation of which the European Community has particular responsibility, in view of the proportion of their natural range falling within the EU territory. These habitats and species are indicated by an asterisk (*) in the Annexes.

Species and habitat types can be categorised as being in Favourable Conservation Status (FCS), Unfavourable – inadequate Conservation Status, Unfavourable – bad Conservation Status or Unknown Conservation Status. In order to determine the conservation status category of a species it is necessary to look into its range, population, suitable habitat and future prospects. For habitat types, it is necessary to look into the area, structure and functions, as well as range and future prospects of the habitat type.

Any measures taken pursuant to this Directive should consider the economic, social and cultural context of the area, as stated in Article 2(3), “measures taken pursuant to this Directive shall take account of economic, social and cultural requirements and regional and local characteristics”.

3.1.1. Site designation In order to achieve FCS, Member States must identify sites of Community importance and (once these sites are adopted), designate them as Special Areas of Conservation (SACs) through a SAC Designation Act. Each SAC will therefore contain habitat types and/or species from Annexes I and II of the Habitats Directive.

SAC Designation Acts

The Habitats Directive does not set out a particular procedure for the designation of SACs. This is decided by the Member States, who have broad discretion in determining how they designate SACs. Member States can therefore use different types of legal act (statutory, contractual or administrative) and can also decide at which administrative level (national or regional) they want to designate the SACs.

SAC Designation Acts should be publicly available, but where they can be found will depend on each Member State. Whichever procedure is used, it must be legally binding and include certain

information. According to the Commission Note on the Designation of SACs2, a SAC Designation Act should include the following:

 Name and location of the site being designated;  Species and habitat types for which the site is being designated;  SAC boundaries;  Purpose of the designation;  Legal provisions applying to SACs.

SAC Designation Acts may also be accompanied by management plans or sectoral plans. They may therefore include valuable information that could be used as potential Means of Verification for the adapted Natura 2000 indicators.

SACs, together with SPAs (see section on Birds Directive below), form the Natura 2000 network. Member States must determine Conservation Objectives at the site level to maintain or restore the habitat types and species for which the sites were designated, ensure the coherence of the network, and address the threats that the sites are currently facing.

As stated in Article 4(4), “Once a site of Community importance has been adopted (…), the Member State concerned shall designate that site as a special area of conservation as soon as possible (…), establishing priorities in the light of the importance of the sites for the maintenance or restoration, at a favourable conservation status, of a natural habitat type in Annex I or a species in Annex II and for the coherence of Natura 2000, and in the light of the threats of degradation or destruction to which those sites are exposed.” Thus, each Natura 2000 site must contribute to achieving the successful conservation of species and habitats of Community interest.

Standard Data Forms (SDFs) must be completed for each Natura 2000 site, according to Article 4(1): “…The list shall be transmitted to the Commission (…) together with information on each site. The information shall include a map of the site, its name, location, extent and the data resulting from application of the criteria specified in Annex III (Stage 1) provided in a format established by the Commission…”. This format for the transmission of information on the Natura 2000 network, was set out through the Commission Implementing Decision of 11 July 2011 concerning a site information format for Natura 2000 sites (notified under document C(2011) 4892) (2011/484/EU)3.

Standard Data Forms

Standard Data Forms should be completed for SPAs, proposed Sites of Community Importance (pSCI), SCIs and for SACs. In case that an SCI and SPA overlap, but are not identical, the sites are treated as separate. One form has to be completed for each of them.

All Standard Data Forms can be found through the Natura 2000 Network Viewer4. The Standard Data Form is the only document related to Natura 2000 sites that will have roughly the same

2 Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/commission_note/commission_note_EN.pdf 3 Accessible at http://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri=CELEX:32011D0484&from=EN 4 Accessible at http://natura2000.eea.europa.eu/

format/content in all of the network’s sites. Both SAC Designation Acts and Management Plans (or equivalent) will vary broadly between and within Member States. However, the quantity and quality of the information in SDFs is also expected to vary.

Certain sections of the Standard Data Forms contain information that may be of relevance for determining whether a Natura 2000 site is meeting the Adapted Indicators of the IUCN Green List Sustainability Standard.

For instance, in Section 2 (Site Location), there is information on the size of the site, size covered by different types of habitats, as well as biogeographical regions. In Section 3 (Ecological Information), there is information on the habitat types present on the site, on species referred to in Article 4 of the Birds Directive and listed in Annex II of the Habitats Directive, and on other important species of flora and fauna.

The Natura 2000 Standard Data Form Explanatory Notes include a detailed explanation of how to fill in the tables in the template, and is very detailed about how information on habitats and species should be indicated (see Annex III).

Depending on the site, SDFs may include relevant information on the % cover of different habitat types in the site; the degree of representativity of the natural habitat type on the site; the degree of conservation of the structure and functions of the natural habitat type concerned and restoration possibilities; and a global assessment of the value of the site for conservation of the natural habitat type concerned.

SDFs may also include relevant information on population size of certain species, and on: size and density of the population of the species present on the site in relation to the populations present within national territory; the degree of conservation of the features of the habitat which are important for the species concerned and possibilities for restoration; the degree of isolation of the population present on the site in relation to the natural range of the species; and a global assessment of the value of the site for conservation of the species concerned.

All of the above are related to habitat types in Annex I of the HD and species in Annex II of the HD and Annex I of the BD (plus migratory species). For other species, there is an optional subsection (3.3) in the SDF where information may be included. This section could contain information on other major site values other than the species/habitats for which the site was designated.

In Section 4 (Site Description), subsection 4.3 (Threats, pressures and activities with impacts on the site), includes two tables with negative and positive impacts of different threats/activities, as well as their rank (high, medium, low).

Standard Data Forms can be considered as a starting point for setting site level Conservation Objectives in Natura 2000 sites. For example, it allows for the identification of those species/habitats whose presence in the site is considered non-significant and for which the Habitats Directive does not require conservation efforts.

In conclusion, the SDFs, depending on the quality of the data collected, may be a good source of information that can be used as Means of Verification for the Adapted Natura 2000 Indicators of the IUCN Green List Sustainability Standard. The format of the SDFs and Explanatory Notes can be found in Annex III to this report.

3.1.2. Management Member States must ensure that the necessary Conservation Measures are established for Natura 2000 sites, involving if need be, either a management plan or equivalent. These conservation measures must be appropriate to the conservation of the habitats and species of Community interest present on the site, and in accordance with the ecological needs of the species present.

According to Article 6(1), “For special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites.”

Management plans or equivalent

The European Commission has strongly encouraged the use of management plans to implement the site level Conservation Measures needed to achieve the objectives of the NDs. However, management plans are not a legal requirement, and some sites may have other systems in place – which should, however, be equivalent to a management plan.

According to the Commission Note on establishing Conservation Measures in Natura 2000 sites5, management plans are widely used in EU countries, and are even considered obligatory in many of them. Management plans can be stand-alone documents or integrated into other development plans (in conformity with the principle of integration of the environment into other EU policies). Different types of management plans are currently used, including management plans for individuals sites or for a group of sites; and sectoral management plans, which set Conservation Objectives and Measures for Natura 2000 sites which are relevant to that particular sector (e.g. on forestry, agriculture, water, etc.).

A management plan “equivalent” may consist of statutory, administrative or contractual measures. Whichever management tool is used, this will often include information necessary to assess the performance of the Natura 2000 site in terms of effective management and will therefore be an important Means of Verification for the Adapted Natura 2000 Indicators.

While the production of management plans is not mandatory and the Conservation Measures can be implemented in different ways, management plans are generally preferred. The management plan should ensure a good degree of conservation of protected areas and “must be as clear as possible, realistic, quantified and manageable”, according to the Guidelines on the Management of Wilderness in Natura 20006.

The Habitats Directive does not define in detail the concrete measures to be implemented in Natura 2000 sites. Rather, it allows Member States a margin of flexibility, and implementation depends on national authorities. In some cases, the Conservation Measures are more focused on the prevention

5 Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/comNote%20conservation%20measures.pdf 6 Accessible at http://ec.europa.eu/environment/nature/natura2000/wilderness/pdf/WildernessGuidelines.pdf

and maintenance of the current conservation status of the habitats and species present, rather than on active measures for status improvement.

Conservation Objectives and Conservation Measures

The European Commission has produced two notes to assist Member States set Conservation Objectives7 and establish Conservation Measures for Natura 2000 sites. According to these notes, a Conservation Objective is the specification of the overall target for the species/habitat for which a Natura 2000 site is designated in order to contribute to maintaining or reaching FCS at the national, biogeographical or European level. Conservation Objectives are therefore not site-specific, but part of a broader strategy. However, each site is expected to have site level Conservation Objectives which define the condition to be achieved by species/habitats within the site, in order to maximise their contribution towards achieving FCS at the national, biogeographical or European level.

Each Natura 2000 sites must therefore be assessed to determine the status of the species/habitats for which it was designated, and identify the degree to which maintenance or restoration are needed. Priorities should be determined accordingly. Conservation Objectives should be long-term aims and can be expected to be reasonably stable over time. It is recommended that Conservation Objectives be specific, measurable and reportable, realistic, consistent in approach and comprehensive. Conservation Objectives can be set out in the site designations or further elaborated in site management plans or equivalent.

In addition to Conservation Objectives, Conservation Measures must also be identified at the site level, and these measures are more likely to change over time (in response to changing patterns of threats to sites, or positive effects of previous measures). Conservation Measures are the actual actions to be put in place in order to achieve the site’s Conservation Objectives. The obligation is to establish these measures irrespective of whether they are applied only within a site, or outside the boundaries of sites, or across multiple sites.

Conservation Measures must correspond to the ecological requirements of species/habitats – including both abiotic and biotic factors which are necessary to ensure the conservation of the habitat/species and their relations with the physical environment. There is some flexibility in defining the Conservation Measures, and different alternatives may be considered, also taking into account other socio-economic activities in the sites. Conservation Measures should be included in management plans or equivalent.

Member States must also prevent the deterioration of the habitats and species of Community importance at the site level, as stated in Article 6(2): “Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive”.

Plans or projects which could cause damage or have negative impacts on the Conservation Objectives of a Natura 2000 site need to go through and appropriate assessment, as stated in Article 6(3): “Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or

7 Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/commission_note/commission_note2_EN.pdf

projects, shall be subject to appropriate assessment of its implications for the site in view of the site's conservation objectives. In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public”.

However, even if a project or plan is deemed to have an adverse impact on the Conservation Objectives of the site, Member States can still go ahead if it is considered that the project or plan is necessary for imperative reasons of overriding public interest, as stated in Article 6(4): “if, in spite of a negative assessment of the implications for the site and in the absence of alternative solutions, a plan or project must nevertheless be carried out for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. It shall inform the Commission of the compensatory measures adopted”. After the appropriate assessment has taken place, and if the development is to be carried out, Member States must implement compensatory measures within the Natura 2000 sites and inform the EC of those measures.

According to Article 12(1), “Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV (a) in their natural range, prohibiting: (a) all forms of deliberate capture or killing of specimens of these species in the wild; (b) deliberate disturbance of these species, particularly during the period of breeding, rearing, hibernation and migration; (c) deliberate destruction or taking of eggs from the wild; (d) deterioration or destruction of breeding sites or resting places”. Some species listed in Annex IV are also listed under Annex II, and thus this article may also apply to them when they are present in a Natura 2000 site and may have implications for the management plans.

3.1.3. Surveillance The performance of the Natura 2000 network must be reviewed periodically. According to Article 9: “The Commission, acting in accordance with the procedure laid down in Article 21, shall periodically review the contribution of Natura 2000 towards achievement of the objectives set out in Article 2 and 3. In this context, a special area of conservation may be considered for declassification where this is warranted by natural developments noted as a result of the surveillance provided for in Article 11.” This type of monitoring is to be undertaken at the EU level by the EC in order to ensure that the Conservation Objectives are being met.

In addition, Member States are directly responsible for monitoring the conservation status of habitats and species of Community interest, as stated in Article 11: “Member States shall undertake surveillance of the conservation status of the natural habitats and species referred to in Article 2 with particular regard to priority natural habitat types and priority species.”

The establishment of an appropriate surveillance system to monitor the conservation status of a species of Community interest (as listed in Annex II, IV and V) is an obligation. Domestic law should set out the statutory duties of the national authorities to undertake surveillance systematically and

on a permanent basis, according to the Guidance document on the strict protection of animal species of Community interest under the Habitats Directive8.

The scope of surveillance is not restricted to Natura 2000 sites, but requires monitoring of the conservation status of habitats and species throughout the territories of all Member States. An initial assessment of conservation status (or surveillance) can then contribute to define the specific Conservation Measures needed to maintain (a favourable) or restore (an unfavourable) conservation status for each species.

In addition, Member States must establish a system to monitor the incidental capture and killing of the animal species listed in Annex IV and undertake further research to ensure that incidental capture and killing does not have a significant impact, as stated Article 12(4): “Member States shall establish a system to monitor the incidental capture and killing of the animal species listed in Annex IV (a). In the light of the information gathered, Member States shall take further research or conservation measures as required to ensure that incidental capture and killing does not have a significant negative impact on the species concerned.”

While Member States have a certain margin of manoeuvre to implement the requisite measures for species of strict protection, they are subject to some limitations and should respect some basic requirements.

3.1.4. Reporting The main reporting requirement under the Habitats Directive is for Member States to report every six years on the conservation status of the habitats and species of Community interest. To that end, a report is submitted which details the measures taken pursuant to the Directive. According to Article 17, “Every six years (…), Member States shall draw up a report on the implementation of the measures taken under this Directive. This report shall include in particular information concerning the conservation measures referred to in Article 6(1) as well as evaluation of the impact of those measures on the conservation status of the natural habitat types of Annex I and the species in Annex II and the main results of the surveillance referred to in Article 11. The report, in accordance with the format established by the committee, shall be forwarded to the Commission and made accessible to the public.”

According to the Guidance document on the strict protection of animal species of Community interest under the Habitats Directive9, a common framework to report under Article 17 was approved by the Habitats Committee in April 2005, including the information to be reported and collected and guidelines on assessing conservation status. Reports should be based on the surveillance system put in place, and Member States should have defined “favourable reference values”, to be used as benchmarks in the assessment process.

8 Accessible at http://ec.europa.eu/environment/nature/conservation/species/guidance/pdf/guidance_en.pdf 9 Accessible at http://ec.europa.eu/environment/nature/conservation/species/guidance/pdf/guidance_en.pdf

An important part of the Article 17 report is an assessment of the conservation status of all the habitats and species listed on Annexes I and II together with species listed on Annex IV and Annex V. This assessment, which is based around the definition of FCS, is carried out following a methodology agreed by the European Commission and Member States. The assessments cover the entire area of each country and are not restricted to Natura 2000 sites. An assessment of conservation status is carried out for each biogeographical region present in a Member State in order to compare between areas with similar geography and biodiversity. Thus, these reports do not include information on individual Natura 2000 sites, or on how well/poorly species and habitat types are doing in each site.

3.1.5. Ecological Connectivity Another important aspect of the Natura 2000 network is its ecological connectivity. According to Article 3(1), “a coherent European ecological network of special areas of conservation shall be set up under the title Natura 2000. This network, composed of sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II, shall enable the natural habitat types and the species’ habitats concerned to be maintained or, where appropriate, restored at a favourable conservation status in their natural range”.

Additionally, according to Article 3(3), “where they consider it necessary, Member States shall endeavour to improve the ecological coherence of Natura 2000 by maintaining, and where appropriate developing, features of the landscape which are of major importance for wild fauna and flora, as referred to in Article 10.” According to Article 10, “Member States shall endeavour, where they consider it necessary, in their land-use planning and development policies and, in particular, with a view to improving the ecological coherence of the Natura 2000 network, to encourage the management of features of the landscape which are of major importance for wild fauna and flora. Such features are those which, by virtue of their linear and continuous structure (…) or their function as stepping stones (…), are essential for the migration, dispersal and genetic exchange of wild species.” Thus, Natura 2000 sites have been planned and established with the aim of forming a coherent ecological network.

3.2. Birds Directive

The overall aim of the Birds Directive is to achieve the conservation of all wild birds naturally occurring in the European Union, including migratory species. According to Article 2 “MS shall take the requisite measures to maintain the population of the species (…) at a level which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level”. These requisite measures apply to the conservation of all wild, naturally occurring birds in the EU, and to their eggs, nests and habitats, as specified in Article 1.

Member States must therefore maintain and restore the populations of bird species present at a level that will ensure their long-term survival, as stated in Article 3(1): “in the light of the requirements referred to in Article 2, Member States shall take the requisite measures to preserve, maintain or re-establish a sufficient diversity and area of habitats for all the species of birds referred to in Article 1”.

3.2.1. Site designation and management To that end, Special Protection Areas (SPAs) need to be set up to cover the most suitable territories for species listed in Annex I. According to Article 4(1), “the species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution. Member States shall classify in particular the most suitable territories in number and size as special protection areas for the conservation of these species (…)”. Similarly to SACs, SPAs must also establish site level Conservation Objectives. Similar measures shall be taken for regularly occurring migratory species, according to Article 4(2).

According to Article 4(3), “MS shall send the Commission all relevant information so that it may take appropriate initiatives with a view to the coordination necessary to ensure that the areas provided for in paragraphs 1 and 2 form a coherent whole which meets the protection requirements of these species in the geographical sea and land area where this Directive applies.” This refers to the special Conservation Measures set up for species present in SPAs.

Finally, the Member States “shall take appropriate steps to avoid pollution or deterioration of habitats or any disturbances affecting the birds”, both inside and outside the protected areas, according to Article 4(4). SPAs are therefore subject to a similar protection regime as SACs, and are considered to be largely equivalent.

In addition to SPAs, Member States must also establish a general system of protection for all species of birds referred in Article 1. According to Article 5, ”(…)prohibiting in particular: a) deliberate killing or capture by any method; (b) deliberate destruction of, or damage to, their nests and eggs or removal of their nests; (c) taking their eggs in the wild and keeping these eggs even if empty; (d) deliberate disturbance of these birds particularly during the period of breeding and rearing, in so far as disturbance would be significant having regard to the objectives of this Directive; (e) keeping birds of species the hunting and capture of which is prohibited.”

3.2.2. Reporting Member States must report to the European Commission on the progress made in implementation of the Directive. According to Article 12(1), “MS shall forward to the Commission every three years, starting from 7 April 1981, a report on the implementation of national provisions taken under this Directive”. In addition, following Article 12(2), “The Commission shall prepare every three years a composite report based on the information referred to in paragraph 1. That part of the draft report covering the information supplied by a Member State shall be forwarded to the authorities of the Member State in question for verification. The final version of the report shall be forwarded to the Member States”.

In addition, Member States must report each year on the implementation of the derogations, as stated in Article 9(3), “each year the Member States shall send a report to the Commission on the implementation of paragraphs 1 and 2”. These derogations exempt Member States from the provisions of Articles 5 (general system of protection) and 8 (prohibition of methods used for large scale or on selective capture or killing of birds), but should not be incompatible with the overall objectives of the Directive.

Summary Box: Legal requirements of Natura 2000 sites

 Sites must take into account economic, social, cultural and regional requirements;

 All Natura 2000 sites must complete a Standard Data Form , which should be updated regularly based on the best available information for each site; the information on species and habitats included in the SDF should be complete and reflect the status quo of these features in the site;

 Member States must take appropriate steps to avoid the deterioration of natural habitats and the habitats of the species for which the site was designated (including significant disturbance);

4. Comparison of the requirements of Natura 2000 sites with the IUCN Green List Sustainability Standard Generic Indicators and Means of Verification

While the Habitats Directive is more comprehensive than the Birds Directive in terms of requirements, some provisions of the Habitats Directive (i.e. Articles 6(2), 6(3) and 6(4)) also apply to the SPAs established under the Birds Directive. For the purposes of this project, it has been recommended by the European Commission that both SACs and SPAs be treated equally, as they are considered to be largely equivalent.

The IUCN Green List Sustainability Standard and its supporting implementation programme aims to encourage, achieve, and promote effective, equitable and successful protected areas in all partner countries and jurisdictions. The Standard is composed of a set of Components, Criteria, and Generic Indicators for successful conservation in protected areas and provides an international benchmark for quality that motivates improved performance and achievement of positive conservation outcomes.

There are four Components, namely: Component 1 (Good Governance); Component 2 (Sound Design and Planning); Component 3 (Effective Management); and Component 4 (Conservation Outcomes). Each of these Components has a set of Criteria, and associated Generic Indicators. In order to verify each of the Indicators are met by a protected area, different Means of Verification need to be identified (i.e. management plans, foundational documents, etc.). The Generic Indicators can be adapted to the local context of the jurisdiction in which protected areas are being assessed, and these Adapted Indicators must be approved by the IUCN Standards Committee, before any site can be Green Listed, in order to ensure the quality of the Standard is maintained.

As such, Generic Indicators can be tailored to fit the pan-EC context of the NDs and the Natura 2000 Network. Where required, they can then be further adapted to suit the specificities of the MS. This adaptation is part of the IUCN Green List process and provides good flexibility to allow the global Components and Criteria to be applied in the local context, while maintaining overall integrity and credibility of the IUCN Standard. A comparison was carried out between the Generic Indicators and the legal requirements of Natura 2000 sites under the Nature Directives in order to inform the adaption of these Indicators to the context of Natura 2000 sites. Potential Means of Verification were also identified.

4.1. Component 1 – Good Governance

The first component of the IUCN Green List Sustainability Standard, Good Governance, is composed of 3 Criteria, described by 14 Generic Indicators, out of which only three are considered to be legal requirements under the Nature Directives. All three of them are from Criterion 1.3 (Enable governance vitality and capacity to respond adaptively) (Table 1).

One indicator from Criterion 1.1. (Guarantee legitimacy and voice), is a partial legal requirement (Table 2). The remaining indicators in Component 1 are not legal requirements for Natura 2000 sites - please see the Supplementary Material for further detail on the remaining indicators.

The fact that most indicators in Component 1 are not legal requirements under the Nature Directives has to do with the fact that the Directives do not require stakeholder involvement. However, in general this is favoured at the Member State level and has been encouraged by the European Commission through their Commission Notes.

Potential Means of Verification for these indicators would be SAC Designation Acts or other foundational documents, and management plans or equivalent.

Table 1. Generic Indicators from Component 1 of the IUCN Green List Sustainability Standard which are also legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a legal requirement for N2K 1.3.1 Procedures are in place to Several reporting processes are envisaged as part of the NDs (Arts. 11, 12, 16 and 17 of ensure that results from the HD, and Arts. 9 and 12 of the BD). The purpose of monitoring activities is "to assess monitoring, evaluation the actual implementation of the planned conservation measures and their effectiveness and consultation are used in meeting the conservation objectives for the site; and to assess the impact of the to inform management and planning processes measures on the degree of conservation of target habitats and species present at the including the sites" (EC note on Conservation Measures). establishment of goals and objectives. 1.3.2 Planning and decision- The HD (in the Preamble) is "taking account of economic, social, cultural and regional making recognises requirements". Therefore, site management is dependent on the jurisdiction of the MS, relevant conditions, issues which has flexibility adopting the relevant measures depending on their specific and goals at national and conditions. According to Article 2 of the BD, "Member States shall take the requisite regional scales that impact the protected measures to maintain the population of the species referred to in Article 1 at a level area. which corresponds in particular to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level". According to the EC note on Conservation Objectives, "site level conservation objectives are a set of specified objectives to be met in a site in order to make sure that the site contributes in the best possible way to achieving FCS at the appropriate level (national or regional level)”. Therefore, the overall European, national or regional objective of achieving FCS should be translated into site level conservation objectives. 1.3.3 Planning and According to the preamble of the HD, "the improvement of scientific and technical management processes knowledge is essential for the implementation of the HD". In addition, according to Art. draw on multiple 18(1), "the EC and MSs shall encourage the necessary research and scientific work having knowledge sources regard to the objectives set out in Article 2 and the obligation referred to in Article 11". (scientific, experiential, local and traditional According to Art.10(1) of the BD, "Member States shall encourage research and any work knowledge). required as a basis for the protection, management and use of the population of all species of bird referred to in Article 1. Particular attention shall be paid to research and work on the subjects listed in Annex V". In addition, stakeholders can be involved in the designation process, through the biogeographic seminars and proposals coming from MS (N. Notaro pers. comm. 2017). Finally, the conservation measures to be adopted "must correspond to the ecological requirements, which rest on scientific knowledge" (EC note on Conservation Measures). While traditional or local knowledge are generally not considered, this is currently changing and more efforts are being made to engage more people, for example through citizen science (I. Jardine pers. comm. 2017).

Table 2. Generic Indicators from Component 1 of the IUCN Green List Sustainability Standard which are partial legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a partial legal requirement for N2K 1.1.1. The site’s governance According to HD's Art 3(1), "A coherent European ecological network of special areas of structure is clearly conservation shall be set up under the title Natura 2000. (...). The Natura 2000 network defined and shall include the special protection areas classified by the Member States pursuant to

documented and in Directive 79 / 409 / EEC". Therefore, the designation of N2K sites stems from the HD in accordance with accordance with European legislation and is transposed by national law in each MS. The relevant national or site's governance can be reflected in the Designation Act, but this is not mandatory (N. regional government, Notaro pers. comm. 2017). MS are therefore responsible for ensuring the site's jurisdiction or governance structure is clearly defined and documented. recognised authority specifications.

4.2. Component 2 – Sound Planning and Design

The second component, Sound Planning and Design, contains 4 Criteria described by 11 indicators. One of the Indicators (2.2.3) is further split in seven sub-indicators. Five indicators and six sub- indicators (2.2.3) are legal requirements under the NDs (Table 3). These indicators are from Criterion 2.1 (Identify and understand significant site values), Criterion 2.2. (Design for long-term conservation of significant site values) and Criterion 2.4. (Understand the social and economic context).

In addition, three indicators and one sub-indicator (2.2.3) are partial legal requirements (Table 4). The partial legal requirements are from Criterion 2.1, 2.2, 2.4 and 2.3 (Understand threats and challenges to significant site values). Please see the Supplementary Material for further detail on the remaining indicators.

Several indicators in this component are legal requirements of the Nature Directives, largely because this component deals with the establishment of protected areas around significant natural values, and the consideration of the economic and social context of the protected areas. These are at the core of the Directives, since each Natura 2000 site is designed around a series of habitat types and species of Community interest.

Potential Means of Verification for these Indicators include SAC Designation Acts, Standard Data Forms, and/or management plans or equivalent.

Table 3. Generic Indicators from Component 2 of the IUCN Green List Sustainability Standard which are also legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a legal requirement for N2K 2.1.1 The site meets the IUCN N2K site designations confer at least 'Conserved Area' status and are eligible for the definition of a Protected Green List Programme. The full IUCN definition and PA Category assignment is not a Area and/or is recognized requirement for N2K. However, all N2K sites would be considered at least as 'Conserved as a 'Conserved Area'. Areas', and are therefore eligible. 2.1.3 The site has a current In order to implement Article 6(1) of the HD, "the MS should establish the necessary management plan or conservation measures involving, if needed be, appropriate management plans equivalent that is used to specifically designed for the sites or integrated into other development plans, and guide management appropriate statutory, administrative or contractual measures which correspond to the priorities and activities. ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites". According to the EC note on Conservation Measures, "the choice is left to the MS, in line with the principle of subsidiarity". While the production of management plans is not mandatory under the NDs an equivalent is needed (whether this is a ministry order, decree, contracts at the site level, etc.). There is no legal basis to make each MS use one or the other, but it is an obligation to have something in place in order to take the necessary measures under Art. 6, and while it is not mandatory to make the plans or equivalents available, they generally are (N. Notaro pers. comm. 2017). According to the EC note on Conservation Measures, "Management plans are

widely used in the EU countries. Although management plans for N2K sites are not an automatic requirement under the HD, these plans seem to be a preferred option for most MS and are even considered obligatory in many of them". According to Art. 4(1) of the BD, "the species mentioned in Annex I shall be the subject of special conservation measures concerning their habitat in order to ensure their survival and reproduction in their area of distribution." In addition, Art. 4(2) says that "MS shall take similar measures for regularly occurring migratory species not listed in Annex I". This means that SPAs are subject to a similar protection regime as SACs, according to the EC note on Conservation Measures. 2.2.1 The designated site is N2K sites are part of the N2K network of protected areas, and according to Art. 10 of the large enough and HD, "Member States shall endeavour, where they consider it necessary, in their land-use sufficiently connected to planning and development policies and, in particular, with a view to improving the other habitats or ecological coherence of the Natura 2000 network, to encourage the management of ecosystems to achieve the goals and objectives for features of the landscape which are of major importance for wild fauna and flora", by the site's major values for which connectivity among different sites is sought after. nature conservation. 2.2.2 The site is part of an N2K sites are part of the N2K network of protected areas, whose goal is to achieve identified conservation overall FCS for species and habitats of Community interest, as specified in the preamble network which is designed of the HD: "in order to ensure the restoration or maintenance of natural habitats and to meet goals of species of Community interest at a favourable conservation status, it is necessary to representation, replication, connectivity designate special areas of conservation in order to create a coherent European ecological and resilience. network according to a specified timetable." 2.2.3 The site is large enough The species and habitats contained in the site should be defined in the Designation Act A ii and sufficiently well or the SDF, "which uses three criteria (representativity, relative surface and degree of connected to sustain a conservation for habitat types, population, degree of conservation and isolation of the viable species population species) to determine the global assessment of each species and habitat type present and ecosystem processes in the long term. within that particular site" (EC note on Conservation Measures). According to Annex III of the HD, one of the criteria for selecting sites eligible for identification as sites of Community importance and designation as special areas of conservation is the "degree of conservation of the structure and functions of the natural habitat type concerned and restoration possibilities". It is assumed that the structure and functions of the natural habitats includes ecosystem processes. 2.2.3 The site contains the full According to Art. 2 of the HD, "Measures taken pursuant to this Directive shall be B i range of habitats required designed to maintain or restore, at favourable conservation status, natural habitats and to sustain a viable species of wild fauna and flora of Community interest". This means that N2K sites are population of the species designed around a series of species and habitats of Community interest that are or the ecological community in the long characteristic of the European region. In addition, the BD "shall apply to birds, their eggs, term, taking account of all nests and habitats", according to Art. 1(2). Also, according to Art. .4(1), "the species relevant aspects of the mentioned in Annex I shall be the subject of special conservation measures concerning species’ life cycle (e.g. their habitat in order to ensure their survival and reproduction in their area of breeding areas, wintering distribution (...) MS shall classify in particular the most suitable territories in number and grounds, safe migration size as special protection areas". Finally, according to Art 4(2), MS shall take similar routes). measures for “regularly occurring migratory species not listed in Annex I (...), as regards their breeding, moulting and wintering areas and staging posts along their migration routes". 2.2.3 The site is large enough According to Art. 4(1) of the BD, "MS shall classify in particular the most suitable B ii and sufficiently well territories in number and size as special protection areas". It is also implicit in Article 3(1) connected to sustain a of the HD that you need a sufficient area of habitat to successfully conserve the species - viable population of the boundaries of the sites should reflect the range of the species (M. O'Briain per. comm. species in the long term. 2017). 2.2.3 The site is designed to The BD "shall apply to birds, their eggs, nests and habitats", according to Art. 1(2). The B protect one or more HD includes in Annex III as a criteria for designation of a site the "size and density of the iii.a critical life history stages population of the species present on the site in relation to the populations present within for a species, e.g. feeding, national territory", which will inevitably protect one or more critical life history stages breeding, resting, migratory path / for a species. bottleneck. 2.2.3 The site contains The species and habitats contained in the site should be defined in the Designation Act B sufficient areas of the key or the SDF, "which uses three criteria: population, degree of conservation and isolation of iii.b habitats that support the the species to determine the global assessment of each species and habitat type present critical life history stage of within that particular site" (EC note on Conservation Measures). It is also implicit in the species.

Article 3(1) of the HD that you need a sufficient area of habitat to successfully conserve the species - boundaries of the sites should reflect the range of the species (M. O'Briain per. comm. 2017). 2.2.3 The site is sufficiently well N2K sites are part of the N2K network of protected areas, whose goal is to achieve B iii.c connected to other overall FCS for species and habitats of Community interest, as specified in the preamble protected or managed of the HD: "in order to ensure the restoration or maintenance of natural habitats and areas that contain species of Community interest at a favourable conservation status, it is necessary to habitats the species needs to complete its life designate special areas of conservation in order to create a coherent European ecological history. network according to a specified timetable." 2.4.2 The social and economic According to Art. 2(3) of the HD, "measures taken shall take account of economic, social benefits and effects have and cultural requirements and regional and local characteristics". In order to implement been considered in the Article 6(1), "the MS should establish the necessary conservation measures involving, if development of needed be, appropriate management plans specifically designed for the sites or management goals and objectives for the site in integrated into other development plans, and appropriate statutory, administrative or the management plan or contractual measures which correspond to the ecological requirements of the natural equivalent. habitat types in Annex I and the species in Annex II present on the sites". According to the EC note on Conservation Measures, "once the conservation objectives are defined, there is some flexibility in defining and establishing the conservation measures, and possible alternatives can be considered also taking into account other socio-economic activities in the sites". Different approaches have been taken among MS, but in general, existing activities have continued in most cases (unless there is evidence that they were causing damage), while new economic activities are usually restricted unless they consist of green tourism or development of local products (I. Jardine pers. comm. 2017).

Table 4. Generic Indicators from Component 2 of the IUCN Green List Sustainability Standard which are partial legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a partial legal requirement for N2K 2.1.4. The major natural According to Art. 2 of the HD, "Measures taken pursuant to this Directive shall be values and associated designed to maintain or restore, at favourable conservation status, natural habitats and ecosystem services and species of wild fauna and flora of Community interest". The species and habitats of cultural values of the Community interest around which the N2K sites are defined are considered the site are clearly significant natural values. However, there may be additional natural values (e.g. identified and threatened species) that are not included in Annexes II and IV but would be considered understood. major natural site values according to the IUCN GLSS. In addition, the HD (in the Preamble) takes into account "economic, social, cultural and regional requirements". Although there is no inventory in place listing the cultural values from the sites, and the definition of a cultural value (which encompasses traditional activities, scenic value, aesthetic value) is being defined at the moment, many N2K sites have identified them (F. Papoulias pers. comm. 2017). Efforts have also been made to establish the links between natural and cultural heritage and values (Linking Natura 2000 and cultural heritage). According to Article 2 of the BD, "Member States shall take the requisite measures to maintain the population of the species referred to in Article 1 at a level which corresponds in particular to ecological, scientific and cultural requirements". Although it is not a requirement, most countries reflect significant and cultural values, including traditional uses of the sites and historical management (I. Jardine pers. comm. 2017).

There is no inventory on ecosystem services. However, the HD is related to ecosystems - for instance, Art. 10 states that "Member States shall endeavour, where they consider it necessary, in their land-use planning and development policies and, in particular, with a view to improving the ecological coherence of the Natura 2000 network, to encourage the management of features of the landscape which are of major importance for wild fauna and flora". This article refers to connectivity, which is close to the notion of ecosystem services preservation, but also refers to features outside of the network that need to be protected. (N. Notaro pers. comm. 2017). The identification of ES has been of increasing importance since the NDs were issued, and it can feature as a standard part of the management plan, considering how are ES connected to the sites and becoming

factors of regional planning (I. Jardine pers. comm. 2017). 2.2.3. The site contains an According to Art. 2 of the HD, "Measures taken pursuant to this Directive shall be Ai assemblage of native designed to maintain or restore, at favourable conservation status, natural habitats and species and ecosystem species of wild fauna and flora of Community interest". This means that N2K sites are types that is designed around a series of species and habitats of Community interest that are characteristic of the characteristic of the European region. However it is not a requirement that the region, with intact processes and systems be intact. The conservation measures can focus either on the ecological processes prevention of deterioration or in the restoration to a favourable status. and trophic systems. 2.3.1. Major current and In the Standard Data Form, MS are asked to identify the threats for each site, as well as potential threats to their rank (high, medium, low). While the severity of the threat is captured in the SDF, major natural values the extent is not. MS report under Article 17 at the biogeographical region level, and the and associated main threats for each habitat are outlined there (N. Notaro pers. comm. 2017). In order ecosystem services and to implement Article 6(1), "the MS should establish the necessary conservation measures cultural values of the involving, if needed be, appropriate management plans specifically designed for the sites site are identified, or integrated into other development plans (...) which correspond to the ecological understood and requirements of the natural habitat types in Annex I and the species in Annex II present documented, and their on the sites". These conservation measures should respond to the identified threats. location, extent and However, this procedure is very variable and is not done consistently (I. Jardine pers. severity described in comm. 2017). In addition, it is not clear whether the threats to cultural values and sufficient detail to associated ecosystem services are identified. enable effective planning and management to address them. 2.4.1. The social and Site designation is only based on scientific criteria and the impacts of site designation economic and management are not identified. However, socio-economic considerations and the characteristics of the possible negative impacts are considered in the second phase, also indicating which region that may be activities are allowed in the areas (N. Notaro pers. comm. 2017). According to Art. 2(3) affected (positively or of the HD, "measures taken shall take account of economic, social and cultural negatively) by the requirements and regional and local characteristics". In practice, many countries have site’s designation carried out consultations, which serves a double purpose: to gather information and and/or current knowledge and to raise their awareness. An impact assessment may be carried out at management have the same time, although this is not a legal requirement (F. Papoulias pers. comm. 2017). been identified and In order to implement Art. 6(1) of the HD, "the MS should establish the necessary their location, extent conservation measures involving, if needed be, appropriate management plans and magnitude of specifically designed for the sites or integrated into other development plans, and effects of the sire on appropriate statutory, administrative or contractual measures which correspond to the social and economic ecological requirements of the natural habitat types in Annex I and the species in Annex II characteristics have present on the sites". This varies among MS, but for example in the UK there is a process been described in the to assess the impacts of the site being established regarding the future uses of the site - management plan or however, this does not influence the designation of the site, only the management or equivalent. the setting of the conservation objectives (I. Jardine pers. comm. 2017).

4.3. Component 3 – Effective Management

The third component, Effective Management, contains 7 Criteria described by 20 indicators, out of which ten are legal requirements under the NDs, and which correspond to those that refer to conservation objectives and monitoring (see Table 5). These indicators are from Criterion 3.1 (Develop and implement long-term management strategy), Criterion 3.2 (Manage ecological condition), Criterion 3.3 (Manage within the social and economic context of the site), Criterion 3.4 (Manage threats), Criterion 3.6 (Manage access, resource use and visitation) and Criterion 3.7 (Measure success and impact).

One indicator under Criterion 3.6 is a partial legal requirement 3 (Table 6). Please see the Supplementary Material for further detail on the remaining indicators.

The indicators that are not requirements for Natura 2000 sites are those related to visitor access, permitted activities, and uses of the area or infrastructure, since these are not requirements under the NDs, but are managed at the site level.

Potential Means of Verification for these Indicators include SAC Designation Acts, Standard Data Forms, and/or management plans or equivalent.

Table 5. Generic Indicators from Component 3 of the IUCN Green List Sustainability Standard which are also legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a legal requirement for N2K 3.1.1 The site has a current According to HD's Art. 6(1), "the MS should establish the necessary conservation management plan or functional measures involving, if needed be, appropriate management plans specifically equivalent which includes: designed for the sites or integrated into other development plans, and appropriate a) the goals and objectives for statutory, administrative or contractual measures which correspond to the management of the natural values and social and/or ecological requirements of the natural habitat types in Annex I and the species in economic objectives (where Annex II present on the sites". According to the EC note on Conservation Measures, relevant) identified in "the choice is left to the MS, in line with the principle of subsidiarity". While the Component 2. production of management plans is not mandatory under the NDs an equivalent is b) the management strategies needed (whether this is a ministry order, decree, contracts at the site level, etc.). and activities to achieve these There is no legal basis to make each MS use one or the other, but it is an obligation goals over the long term and an to have something in place in order to take the necessary measures under Art. 6, indication of the activities that and while it is not mandatory to make the plans or equivalents available, they are allowed or prohibited in the site and any zoning or generally are (N. Notaro pers. comm. 2017). According to the EC note on temporal/spatial restrictions on Conservation Measures, "management plans are widely used in the EU countries. access to or use of the site. Although management plans for N2K sites are not an automatic requirement under the HD, these plans seem to be a preferred option for most MS and are even considered obligatory in many of them". According to the EC note on Conservation Objectives, "the general objective of achieving FCS (...) needs to be translated into site level conservation objectives which define the condition to be achieved by species and habitat types within the respective sites". In addition, the conservation measures "are the actual mechanisms and actions to be put in place for a N2K site with the aim of achieving the site's conservation objectives". Where management plans are in place, they are usually available to the public (I. Jardine pers. comm. 2017). 3.1.2 The site can demonstrate that See Art. 6(1) above. According to Art. 11 of the HD, "Member States shall management activities and undertake surveillance of the conservation status of the natural habitats and policies, and/or legislation and species referred to in Article 2 with particular regard to priority natural habitat regulations are being types and priority species". They also need to report following Art. 17, including "in implemented and are consistent with the particular information concerning the conservation measures referred to in Article management plan (or 6(1) as well as evaluation of the impact of those measures on the conservation equivalent). status of the natural habitat types of Annex I and the species in Annex II and the main results of the surveillance referred to in Article 11 ." 3.2.1 Strategies and actions to See Art. 6(1) above. According to the EC note on Conservation Objectives, "the maintain ecological attributes general objective of achieving FCS (...) needs to be translated into site level and processes, (including conservation objectives which define the condition to be achieved by species and natural disturbances) to habitat types within the respective sites". In addition, the conservation measures maintain or enhance the site’s major values are identified and "are the actual mechanisms and actions to be put in place for a N2K site with the implemented. aim of achieving the site's conservation objectives". The definition of "conservation status of a natural habitat" in the HD includes the "specific structure and functions which are necessary for its long-term maintenance exist and are likely to continue to exist for the foreseeable future". It is assumed that the structure and functions of the natural habitats includes ecosystem processes. 3.2.2 The site can demonstrate that See Art. 6(1) above. According to Art. 11 of the HD, "Member States shall management activities related undertake surveillance of the conservation status of the natural habitats and to natural values are being species referred to in Article 2 with particular regard to priority natural habitat implemented and are sufficient types and priority species". They also need to report following Art. 17, including "in for the maintenance of the site’s major natural values and particular information concerning the conservation measures referred to in Article

ecological processes. 6(1) as well as evaluation of the impact of those measures on the conservation status of the natural habitat types of Annex I and the species in Annex II and the main results of the surveillance referred to in Article 11 ." 3.3.1 The social and economic The HD (in the Preamble) requires " taking account of economic, social, cultural context of the site has been and regional requirements", which should be included in the management plans (F. incorporated into management, Papoulias pers. comm. 2017). According to the EC note on Conservation Measures, based on consideration of social "once the conservation objectives are defined for a site, there is some flexibility in and economic goals and objectives for the site, as defining and establishing the conservation measures and possible alternatives can established in Criterion 2.4. be considered also taking into account other socio-economic activities in the sites". 3.3.2 Opportunities to enhance the The HD (in the Preamble) requires " taking account of economic, social, cultural social and economic benefit of and regional requirements", which should be included in the management plans (F. the site to local communities Papoulias pers. comm. 2017). According to the EC note on Conservation Measures, (where consistent with "once the conservation objectives are defined for a site, there is some flexibility in conservation of major site values) are considered during defining and establishing the conservation measures and possible alternatives can reviews of management plan be considered also taking into account other socio-economic activities in the sites". and through adaptive There are studies on the benefits of N2K (e.g. The Economic Benefits of Natura governance, management and 2000 Network), to show that by designating and having well managed sites, a good planning processes. number of ecosystem services can arise (F. Papoulias pers. comm. 2017). 3.4.1 The site management is See Art. 6(1) above. According to the EC note on Conservation Objectives, "the implementing a work program general objective of achieving FCS (...) needs to be translated into site level that identifies effective conservation objectives which define the condition to be achieved by species and responses to each of the major habitat types within the respective sites". In the SDF, MSs are asked to identify the threats to (a) major site values identified under Criterion 2.3 or threats for each site. MS report under Article 17 at the biogeographical region (b) the achievement of the level, and the main threats for each habitat are outlined there (N. Notaro pers. site's goals and objectives comm. 2017). According to the EC Note on Conservation Measures, "site level including long term and conservation objectives should be based on the ecological requirements (...) and ‘external’ threats. address the threats of degradation or destruction to which the habitats and species on the site are exposed." 3.6.2 Where use and access are The provision of visitors and allowed activities should be included in the permitted: management plan (N. Notaro pers. comm. 2017). According to Art 6(3), "any plan • Uses and access are managed or project not directly connected with or necessary to the management of the site to minimize harm to the major but likely to have a significant effect thereon, shall be subject to appropriate site values, for example through permits, design, access control, assessment of its implications for the site in view of the site's conservation or education. objectives.” In addition, according to Art 6(4), "if, in spite of a negative assessment • The site’s management strives of the implications for the site and in the absence of alternative solutions, a plan or to accommodate the needs of project must nevertheless be carried out for imperative reasons of overriding public users, so far as this is interest, including those of a social or economic nature, the Member State shall compatible with the take all compensatory measures necessary to ensure that the overall coherence of achievement of site objectives. Natura 2000 is protected". According to the EC note on Conservation Measures, "once the conservation objectives are defined for a site, there is some flexibility in defining and establishing the conservation measures and possible alternatives can be considered also taking into account other socio-economic activities in the sites". 3.7.1 For each of the major site See Art. 6(1) above. According to Art. 11 of the HD, "Member States shall values identified under undertake surveillance of the conservation status of the natural habitats and Criterion 2.1, a monitoring species referred to in Article 2 with particular regard to priority natural habitat system is in place and a set of types and priority species". They also need to report following Art. 17, including "in performance measures has been defined and documented, particular information concerning the conservation measures referred to in Article which provides an objective 6(1) as well as evaluation of the impact of those measures on the conservation basis for determining whether status of the natural habitat types of Annex I and the species in Annex II and the the associated value is being main results of the surveillance referred to in Article 11." The baseline to identify successfully protected. the trends in conservation status is always the previous reporting cycle under Art. 17 (N. Notaro pers. comm. 2017). 3.7.2 A threshold level has been According to the EC note on Conservation Objectives, "the general objective of specified in relation to each set achieving FCS (...) needs to be translated into site level conservation objectives of performance measures that which define the condition to be achieved by species and habitat types within the relate to natural values, that if respective sites". In addition, the conservation measures "are the actual achieved, is considered to demonstrate objectively that mechanisms and actions to be put in place for a N2K site with the aim of achieving the associated major site value the site's conservation objectives". The baseline to identify the trends in is being successfully conserved. conservation status is always the previous reporting cycle under Art. 17 (N. Notaro As appropriate, threshold pers. comm. 2017).

determination can include the assessment of conservation impact based on change in major values over a specified time period compared to those anticipated without the protected and conserved area.

Table 6. Generic Indicators from Component 3 of the IUCN Green List Sustainability Standard which are partial legal requirements for Natura 2000 sites under the Nature Directives

Generic Indicator Why this is a partial legal requirement for N2K 3.6.1 The types and levels of The provision of visitors and allowed activities should be included in the permitted activities are management plan or equivalent (N. Notaro pers. comm. 2017). Not every site has clearly described, and are visitor access (especially small ones), but this is very variable among MS (I. Jardine compatible with the pers. comm. 2017). In the Standard Data Form information should be provided on conservation of major site the impacts related to all human activities and natural process that may have an values. influence, either positive or negative, on the conservation and management of the site. This may therefore include information on permitted activities on the site.

4.4. Component 4 – Successful Conservation Outcomes

The fourth and final component, Successful Conservation Outcomes, contains the key set of Criteria that determine a ‘Green List’ site from a candidate. These criteria are described by five Green List indicators, which grant the Green List status to a site. The sites should demonstrate conservation of major natural values, ecosystem services and cultural values in order to be granted the Green List status.

None of the indicators in this final component are legal or partial legal requirements for Natura 2000 sites since the Habitats Directive does not set a date for the attainment of Favourable Conservation Status, and neither is there a similar specification in relation to the overall objective of the Birds Directive. Please see the Supplementary Material for further detail on the indicators.

5. Conclusions

The Nature Directives are the cornerstone of nature conservation legislation in Europe and have resulted in the creation of the Natura 2000 ecological network. Each Natura 2000 site has specific legal requirements it must respect, including having the necessary conservation measures established for achieving the Favourable Conservation Status of habitat types and species of Community interest at the national, biogeographical or European level -involving if need be, either a management plan or equivalent.

While in the Birds Directive the concept of FCS is not used, the overall objective of the Directive is broadly similar. The Nature Directives should therefore be considered as a whole, and distinctions should not be made between the requirements of SPAs and SACs, as they are regarded as largely equivalent.

Since each Natura 2000 site is expected to have site level Conservation Objectives in order to maximise their contribution towards achieving FCS, this should be considered when adapting the IUCN Generic Indicators. Natura 2000 sites have an “added duty”: not only to ensure the species/habitats within their boundaries are being successfully conserved, but also to ensure they maximise their contribution towards achieving FCS at a broader scale, outside their boundaries. Thus, in order to Green List a Natura 2000 site, additional indicators may need to be proposed to capture the contribution each Natura 2000 site makes towards achieving FCS.

In Natura 2000 sites, major site values can be interpreted to be the species and habitat types of Community interest for which the sites were designated. However, in the IUCN Green List Sustainability Standard, major site values also include, among others, threatened species not included in the Annexes of the Nature Directives, ecological processes, and landscape values. This might need to be addressed when adapting the Generic Indicators to Natura 2000 sites, as it might be useful to make a distinction between the site values of Community interest and other major site values.

Six-year reporting requirements under the Nature Directives provide a reliable picture of the species and habitat trends for each biogeographical region, but monitoring is resource-intensive and expensive, and there are still information gaps which need to be improved. According to interviewed EC officials, while the reporting system is generally good, the information is still not sufficiently taken into account with regard to the setting of conservation measures in Natura 2000 sites.

In addition, the above reporting mechanisms do not provide information at the site level. Furthermore the information in the SDFs may not be sufficiently comprehensive. Green listing Natura 2000 sites could therefore provide the added value of gathering information at the site level on how a site is contributing to achieving FCS for habitat types and species of Community interest. Through the Green List candidacy phase, and even if a site does not meet all the requirements for being Green Listed, this information would become available and could be used for other reporting purposes.

In addition, since the Habitats Directive does not set a date for the attainment of Favourable Conservation Status, and neither is there a similar specification in relation to the overall objective of the Birds Directive, Component 4 of the IUCN Green List Sustainability Standard would add value at the European level by gathering information on the conservation successes of Natura 2000 sites, and providing a motivation and benchmark for achieving FCS.

There is already a significant overlap between the legal requirements of Natura 2000 sites and the Generic Indicators of the IUCN Green List Sustainability Standard. In total, 19 of the 50 Generic Indicators (~38%) would be expected to be met by Natura 2000 sites since they are legal requirements. In addition, six Generic Indicators are at least partial legal requirements.

However, it is clear that the IUCN Green List Sustainability Standard goes well beyond the legal requirements of the Nature Directives. Broadly speaking, management mechanisms are well defined, but governance and stakeholder participation less so. While these aspects are not legal

requirements, they are considered good practice and encouraged by the EC, and globally by the CBD Strategic Plan Aichi Target 11, and by IUCN’s global Standards.

The Nature Directives respect the principle of subsidiarity of Member States and provides for the necessary flexibility when defining Conservation Objectives and Measures. Thus, when assessing a Natura 2000 site against the IUCN Green List Sustainability Standard, meeting the IUCN indicators will be highly dependent on how the Member State manages the network.

In conclusion, the Generic Indicators of the IUCN Green List Sustainability Standard are considered to be compatible with the overall aim of the Nature Directives and the Natura 2000 network. The Generic Indicators will need to be slightly adapted to take into account the specific requirements of the Nature Directives, but no irreconcilable incompatibilities were found. Rather, the IUCN Green List Sustainability Standard could add significant value, motivation and momentum to the current reporting schemes under the Directives by facilitating access to site level information and encouraging and networking best practice management.

6. Bibliography

Commission note on establishing conservation measures for Natura 2000 sites. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/comNote%20conservatio n%20measures.pdf

Commission note on setting conservation objectives for Natura 2000 sites. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/commission_note/commi ssion_note2_EN.pdf

Commission note on the designation of Special Areas of Conservation (SACs). Final version of 14 May 2012. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/commission_note/commi ssion_note_EN.pdf

Commission of the European Communities. 2001. European governance: a white paper. Accessible at http://europa.eu/rapid/press-release_DOC-01-10_en.htm

Communication from the Commission of 28.4.2017. Commission Notice on Access to Justice in Environmental Matters. Accessible at http://ec.europa.eu/environment/aarhus/pdf/notice_accesstojustice.pdf

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora. Accessible at http://eur-lex.europa.eu/legal- content/EN/TXT/PDF/?uri=CELEX:31992L0043&from=en

Díez, M-A., Etxano, I. and Garmendia, E. 2012. Evaluating Governance and Participatory Processes in Natura 2000: Lessons Learned and Guidance for Future Prospects. Accessible at https://addi.ehu.es/bitstream/handle/10810/14246/BC3WP201209.pdf?sequence=1&isAllowed=y

Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds. Accessible at http://eur- lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2010:020:0007:0025:en:PDF

European Commission 2014. Establishing conservation measures for Natura 2000 Sites. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/conservation%20measure s.pdf

European Communities. 2000. Managing Natura 2000 Sites – The provisions of Article 6 of the ‘Habitats’ Directive 92/43/EEC. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/docs/art6/provision_of_art6_e n.pdf

European Union. 2013. Guidelines on Climate Change and Natura 2000. Accessible at http://ec.europa.eu/environment/nature/climatechange/pdf/Guidance%20document.pdf

European Union. 2013. Guidelines on Wilderness in Natura 2000. Accessible at http://ec.europa.eu/environment/nature/natura2000/wilderness/pdf/WildernessGuidelines.pdf

European Union. 2013. The economic benefits of Natura 2000. Luxembourg: Publications Office of the European Union. Accessible at http://ec.europa.eu/environment/nature/natura2000/financing/docs/ENV-12-018_LR_Final1.pdf

European Union. 2015. The state of nature in the EU. Accessible at http://ec.europa.eu/environment/nature/pdf/state_of_nature_en.pdf

European Union. 2017. Linking Natura 2000 and cultural heritage - Case studies. Luxembourg: Publications Office of the European Union. Accessible at http://ec.europa.eu/environment/nature/natura2000/management/pdf/case_study_natura2000_c ultural_heritage.pdf

Guidance document on the strict protection of animal species of Community interest under the Habitats Directive 92/43/EEC. Accessible at http://ec.europa.eu/environment/nature/conservation/species/guidance/pdf/guidance_en.pdf

IUCN. 2016. IUCN Green List of Protected and Conserved Areas: Standard, Version 1.0. IUCN, Gland, Switzerland. Accessible at https://www.iucn.org/sites/dev/files/iucn_glpca_standard_version_1.0_september_2016_030217.p df

7. Annexes

Annex I: EU Birds Directive

Annex II: EU Habitats Directive

Annex III: Natura 2000 Standard Data Form and Explanatory Notes