ISSN 1725-2555 Official Journal L 387 of the European Union Volume 47 English edition Legislation 29 December 2004 Contents I Acts whose publication is obligatory ...... II Acts whose publication is not obligatory Commission 2004/813/EC: ★ Commission Decision of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region (notified under document number C(2004) 4032) . ..................................... 1 Price: EUR 18,00 Acts whose titles are printed in light type are those relating to day-to-day management of agricultural matters, and are generally valid for a limited period. EN The titles of all other acts are printed in bold type and preceded by an asterisk. 29.12.2004 EN Official Journal of the European Union L 387/1 II (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region (notified under document number C(2004) 4032) (2004/813/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, (4) That information includes the most recent and definitive map of the site transmitted by the Member State in ques- tion, the site’s name, location and extent, and the data Having regard to the Treaty establishing the European yielded by application of the criteria specified in Annex III Community, to Directive 92/43/EEC. Having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and (5) On the basis of the draft list drawn up by the Commission flora (1), and in particular the third subparagraph of Article 4(2) in agreement with each of the Member States concerned, thereof, which also identifies sites hosting priority natural habitat types or priority species, a list of sites selected as sites of Community importance should be adopted. Whereas: (6) Knowledge of the existence and distribution of the natural (1) The Atlantic biogeographical region referred to in habitat types and species is constantly evolving as a result Article 1(c)(iii) of Directive 92/43/EEC comprises the entire of the surveillance in accordance with Article 11 of Direc- territory of Ireland, the Netherlands and the United King- tive 92/43/EEC. Therefore, the evaluation and selection of dom, and parts of Belgium, Denmark, France, Germany, sites at Community level was done using the best available Portugal and Spain, as specified in the biogeographical information at present. map approved on 23 October 2000 by the Habitats Com- mittee set up under Article 20 of the Directive. (7) According to the settled case-law of the Court of Justice of (2) For that region, lists of sites proposed as sites of Commu- the European Communities ‘to produce a draft list of sites nity importance within the meaning of Article 1 of Direc- of Community importance, capable of leading to the cre- tive 92/43/EEC have been transmitted to the Commission ation of a coherent European ecological network of spe- between March 2002 and July 2004, by the Member States cial areas of conservation, the Commission must have concerned, in accordance with Article 4 (1) of the Directive. available an exhaustive list of the sites which, at national level, have an ecological interest which is relevant from the point of view of the directive’s objective of conservation of (3) The lists of proposed sites were accompanied by informa- natural habitats and wild fauna and flora. (…) Only in that tion on each site, supplied in the format established by way, moreover, is it possible to realise the objective, in the Commission Decision 97/266/EC of 18 December 1996 first subparagraph of Article 3(1) of the directive, of main- concerning a site information format for proposed taining or restoring the natural habitat types and the spe- Natura 2000 sites (2). cies’ habitats concerned at a favourable conservation sta- tus in their natural range, which may lie across one or more frontiers inside the Community (3).’ (1) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). (3) Judgment of 11 September 2001, Case C-71/99 Commission v Germany (2) OJ L 107, 24.4.1997, p. 1. [2001] ECR. I-5811, points 27 and 28 L 387/2 EN Official Journal of the European Union 29.12.2004 (8) On the basis of available information and on the common (10) Annex 3 to this decision also lists the other habitat types assessments made within the framework of the biogeo- of Annex I and species of Annex II of that Directive which graphic seminars, prepared by the European Topic Centre are subject to scientific examination. for Nature Protection and Biodiversity, and the bilateral meetings held with the Member States, some Member (11) The measures provided for in this Decision are in accor- States have not proposed sufficient sites to meet the dance with the opinion of the Habitats Committee, requirements in Directive 92/43/EEC for certain habitat types and species. It can therefore not be concluded for HAS ADOPTED THIS DECISION: these species and habitat types listed in Annex 2 to this decision that the network is complete. However, taking into account the delay in receiving the information and Article 1 reaching agreement with the Member States, the Commis- sion considers that it is appropriate to adopt an initial list The list contained in Annex 1 to this Decision shall constitute the of sites which will need to be revised in accordance with initial list of sites of Community importance for the Atlantic bio- the provisions of Article 4 of Directive 92/43/EEC for the geographical region in accordance with the third subparagraph of habitat types and species listed in Annex 2 to this decision, Article 4(2) of Directive 92/43/EEC. for which indicated Member States have not proposed suf- ficient sites according to the requirements of That list is to be revised in the light of further proposals by Mem- Directive 92/43/EEC. ber States in conformity with Article 4 of Directive 92/43/EEC for certain habitat types and species, specified in Annex 2 and in Annex 3 to this decision. (9) Given that knowledge on the existence and distribution of the natural habitat types of Annex I and species of Annex II to that Directive that occur in both marine territorial Article 2 waters and as well as marine waters under national juris- diction beyond territorial waters remains incomplete, it This Decision is addressed to the Member States. cannot be concluded that the network is either complete or incomplete for them. The relevant species and habitat types are listed in Annex 3 to this decision. As a consequence, Done at Brussels, 7 December 2004. the Commission considers that the initial list will be revised, if necessary, for the different habitat types and spe- For the Commission cies listed in Annex 3 to this decision in accordance with Stavros DIMAS the provisions of Article 4 of Directive 92/43/EEC. Member of the Commission 29.12.2004 EN Official Journal of the European Union L 387/3 ANNEX 1 Initial list of sites of Community importance for the Atlantic biogeographical region Each site of Community importance (SCI) is identified by the information supplied in the Natura 2000 format, including the corresponding map. This has been transmitted by the competent national authorities in accordance with the second subparagraph of Article 4(1) (except for those habitat types and species listed in Annex 2 to this decision). The table below gives the following information: A : SCI code comprising nine characters, the first two being the ISO code for the Member State; B : name of SCI; C : * = presence on the SCI of at least one priority natural habitat type and/or species within the meaning of Article 1 of Directive 92/43/EEC; D : surface area of SCI in hectares or length in km; E : geographical coordinates of SCI (latitude and longitude). All the information given in the Community list below is based on the data proposed, transmitted and validated by Belgium, Germany, Denmark, Spain, France, Ireland, the Netherlands, Portugal and the United Kingdom. ABCDE Geographical coordinates Area of SCI Length of SCI SCI code SCI code * of SCI (ha) (km) Longitude Latitude BE1000001 La Forêt de Soignes avec lisières et domaines boisés * 2 064 E 4 25 N 50 47 avoisinants et la Vallée de la Woluwe. Complexe ’Forêt de Soignes - Vallée de la Woluwe’ BE1000002 Zones boisées et ouvertes au sud de la Région bruxelloise. * 140 E 4 20 N 50 47 Complexe ’Verrewinkel - Kinsendael’ BE1000003 Les zones boisées et les zones humides de la Vallée du * 117 E 4 18 N 50 53 Molenbeek au nord-ouest de la Région bruxelloise. Complexe ’Laerbeek-Dieleghem-Poelbos - Marais de Jette-Ganshoren’ BE2100015 Kalmthoutse Heide 2 064 E 4 25 N 51 24 BE2100016 Klein en Groot Schietveld * 2 288 E 4 35 N 51 22 BE2100017 Bos- en heidegebieden ten oosten van Antwerpen * 5 240 E 4 44 N 51 16 BE2100019 Het Blak, Kievitsheide, Ekstergoor en nabijgelegen 697 E 4 48 N 51 20 Kamsalamanderhabitats BE2100020 Heesbossen, Vallei van Marke en Merkske en Ringven met * 678 E 4 44 N 51 22 valleigronden langs de Heerlese Loop BE2100024 Vennen, heiden en moerassen rond Turnhout * 3 627 E 4 58 N 51 22 BE2100026 Valleigebied van de Kleine Nete met brongebieden, * 4884 E55 N5115 moerassen en heiden BE2100040 Bovenloop van de Grote Nete met Zammelsbroek, * 4 307 E 5 11 N 51 9 Langdonken en Goor.