Library Briefing Library of the European Parliament 05/11/2012 The Habitats Directive and biodiversity in the EU SUMMARY Twenty years after adopting In this briefing: the Habitats Directive, the EU has the largest EU biodiversity legislation coordinated network (Natura 2000) of protected areas in the world. However, only Implementation in Member States 17% of the species and habitats protected Effectiveness of the Directive actually enjoy the favourable conservation status required by the Directive. A new biodiversity strategy The Habitats Directive and the older Birds Stakeholders' views Directive aim to safeguard species of plants Main references and animals and their natural habitats, but implementation of the Habitats Directive has Glossary faced obstacles. The designation of protected Biodiversity: Variety among living organisms areas by Member States has been delayed, (within and between species) and the prompting the Commission to initiate ecosystems of which they are part. infringement proceedings. Moreover, the management of many protected sites is still Habitat: The natural home or environment of a inadequate. plant or animal. The Court of Justice of the EU has been required to play a role in clarifying the EU biodiversity legislation interpretation of the Directives. Birds and Habitats Directives In order to improve the protection of Council Directive 79/409/EEC (Birds biodiversity, the European Commission has Directive, revised 2009) and Council adopted a wider biodiversity strategy which Directive 92/43/EEC (Habitats Directive) aims to strengthen the Habitats Directive by establish a legal framework for the improving monitoring and reporting, sharing conservation of natural habitats and wild of knowledge, and raising awareness. Funding plants and animals in the EU. The objective through the LIFE programme and other funds of the Habitats Directive is to achieve is to be increased, and biodiversity objectives ‘favourable conservation status’1 for the 230 are to be integrated in other EU policies. The EP habitat types and over 1 000 species supports the strategy, calling for improved deemed to be of Community interest. implementation and increased funding. Member States must draw up lists of national conservation sites, from which the Commission selects sites of Community importance (SCI). Within six years after selection, Member States must designate the sites as special areas of conservation (SAC) and establish conservation measures (which may include management plans). The Directive establishes the Natura 2000 Image Copyright Pecold, 2012. network, made up of these sites. Used under licence from Shutterstock.com Member State authorities must carry out an Aubrac Plateau, a French Natura 2000 site. appropriate impact assessment for any plan or project (such as the construction of a Author: Gregor Erbach 120372REV1 Contact: [email protected] Page 1 of 6 Library Briefing The Habitats Directive and biodiversity in the EU motorway) likely to have an impact on a Implementation in Member States designated site. In general, a project can only be approved if it has no negative Natura 2000 impacts on the integrity of the site. Natura 2000 is an EU-wide network However, a project can be approved in spite comprising the "special areas of of a negative impact assessment if conservation" designated by Member States there is an overriding public interest, and under the Habitats Directive, and the alternative solutions do not exist, and "special protection areas" under the Birds compensatory measures are taken. Directive. These areas are not strict nature reserves, and often include land which is Member States must take measures to inhabited, privately owned and used for ensure the strict protection of all plant and recreational or economic purposes. animal species listed in the annexes to the Directive. They must monitor the In June 2012, the Natura 2000 network conservation status of habitats and species comprised 26 406 sites, covering almost one and report to the Commission every six million square kilometres, or around 18 % of years. the EU land area. Additional relevant legislation Directive 2000/60/EC (Water Framework Directive) aims at a coherent and integrated approach to water management across the EU. It limits levels of particular chemicals in the aquatic environment. Directive 2009/128/EC restricts the use of pesticides in nature conservation areas. Directive 85/337/EEC requires an environmental impact assessment for a wide range of public and private projects, and Directive 2001/42/EC requires a strategic environmental assessment at an early stage for major plans and projects. Directive 2004/35/EC on environmental liability requires measures to prevent damage to protected species or habitats, Figure 1: Natura 2000 network (2007, source: EEA) and restoration measures in cases where According to the EEB report on Natura 2000 such damage has occurred. management, the majority of sites lack a International commitments management plan, which creates confusion The EU has international commitments for the owners or users of land. Only Sweden under the Convention on Biological has management plans for over 95% of its Diversity (CBD), including a set of global sites. EEB estimates that full management targets for 2020 (Aichi targets). In October could be achieved by 2016 if all Member 2012, the parties to the CBD decided to States followed the example of the best double the financing for the preservation of performing countries. biodiversity in developing countries and to Implementation process substantially increase domestic funding for There have been delays in the implemen- biodiversity protection.2 tation of the Directive. Five Member States Author: Gregor Erbach 120372REV1 Contact: [email protected] Page 2 of 6 Library Briefing The Habitats Directive and biodiversity in the EU transposed the Directive into national law To clarify the requirements, the Commission with a delay of more than three years. The has issued guidance documents for submission of national lists of SACs was also developments in Natura 2000 sites delayed. Figure 2 shows the development regarding wind energy, mineral extraction, over time of the Natura 2000 network. ports and estuaries and inland waterways. The Commission opened infringement cases Case law against Member States that did not meet The Court of Justice of the EU has played a their obligations and threatened to with- role in clarifying the interpretation of the hold funding from the structural and rural Habitats Directive. For example, the Court development funds. In 2009, there were 92 has ruled that open environmental infringement cases the choice of sites must be based only on related to nature conservation and 50 cases the scientific criteria laid down in the related to impact assessments. Infringement Directive (C-67/99, C-71/99, C-220/99) cases concern, among others, the following Member States must ensure an effective issues:3 system for strict protection of species failure to transpose the Directive (C-103/00) incorrect transposition of the Directive all alternatives to a project must be failure to designate special conservation examined (C-239/04) areas an impact assessment must be carried inadequate impact assessments out if risks cannot be excluded, according inadequate protection of sites to the precautionary principle insufficient monitoring and surveillance (C-127/02) inadequate protection of species Overriding public interest approval of projects without appropriate When there is overriding public interest, a impact assessment project may be carried out in spite of a negative impact assessment. Figure 2: Cumulative geographical area of Natura 2000 network (source: EEA) Author: Gregor Erbach 120372REV1 Contact: [email protected] Page 3 of 6 Library Briefing The Habitats Directive and biodiversity in the EU Projects carried out despite a The LIFE programme, Aubrac Plateau negative impact assessment launched in 1992, and its include the extension of a The Aubrac plateau (shown successor LIFE+ have co- German coal mine, the on page 1) in the French financed thousands of con- enlargement of the port of Massif Central is a Natura servation projects and played 2000 site in which nature Rotterdam, and the construction a key role in supporting site and human activities have of the Botnaibanan railway in co-existed for thousands of management, building capaci- Sweden. Regional development, years. Current activities ties, and Species Action Plans. employment and competiveness include cattle breeding, For the period from 2014 to were cited as overriding public cheese production, agri- 2020, the Commission has interest in these cases. culture, knife manufac- proposed a new LIFE pro- turing, hunting and rural gramme which foresees €2.7 An analysis of 11 such cases tourism. Designated an SAC billion for the environment, finds that Member States often in 2006, the Aubrac site (725 did not properly consider half of which for nature and ha) contains peat bog biodiversity conservation. alternative locations for a project habitats and is home to and that the proposed com- over 2 000 plant species Apart from LIFE, funding pensation measures often were and numerous animals. A related to Natura 2000 is not concrete. It claims that the committee of local stake- available under the CAP, the Commission did not apply holders and national and Structural Funds, and to a sufficiently strict criteria in local authorities is currently limited extent