NATURA 2000: DE-DESIGNATION OF SITES OR PART OF SITES - CONDITIONS & JUSTIFICATIONS Nature Directives Expert Group Meeting Brussels, 22 May 2019 Luisa Samarelli Nature Protection Unit Directorate-General for the Environment

Purpose of the note Presenting the conditions and justifications for the partial or complete de-designation of Natura 2000 sites Reflecting the CJEU rulings clarifying the conditions under which Member States can modify the boundaries of Natura 2000 sites

Principles established by the CJEU Member States do not have the same discretion when modifying or reducing the extent of designated Natura 2000 area than at the time of designation Reasons for de-designation Scientific error Natural developments Consequence of an application of Art.6(4) of the Habitats Directive Conditions for de-designation

Reasons for de-designation: 1. Scientific error It can be scientifically proven that… … the area was not of value for habitats/species of EU-interest for which the Natura 2000 site was initially proposed for designation. … the area has not become in the meantime important for habitats/species of EU-interest – not only the ones for which the Natura 2000 site was initially proposed for designation but also others (even if not yet mentioned in the Standard Data Form). The area is not necessary for the integrity of the site (e.g. is not a buffer zone, a forthcoming restoration area or providing other important functions)

Reasons for de-designation: 2. Natural developments Negative impacts by natural developments lead to a situation where a site can definitively no longer contribute to the conservation of natural habitats and of the wild fauna and flora of EU interest. Natural developments do not cover deteriorations through : man-made activities or absence of adequate management

Reasons for de-designation: 3. Consequence of an application of Art Reasons for de-designation: 3. Consequence of an application of Art.6(4) of the Habitats Directive cases where the whole or part of sites are irreversibly lost for any positive contribution to the objectives of the nature directives based on a correct application of Article 6(4) adequate compensation measures should be taken which can include the designation and management of a new site

Conditions for de-designation - The areas in question do not have a substantial interest in achieving the Directives’ objectives at national and EU level. - Proposals for de-designation must be justified case-by-case require sound and conclusive scientific evidence capable of proving that the conditions are met

Information to be provided MSs shall submit a file for each site or part of a site proposed for de-designation clearly identifying the proposed changes providing evidence based on solid technical / scientific information and surveillance of the site under consideration

What the file should include Site-code: … De-designation Reduction (area lost: ...) Reason for de-designation / reduction Genuine error Natural development Consequence of Art.6(4) Description of the change* Comparison of site information at the time of designation, its evolution over time, at the time of the proposal for de-designation with a view to all relevant features of EU interest. Description of the site management & the area to be de-designated* Management plan, measures taken to avoid change, monitoring. Does the area host (now or in the past) features of EU interest? Has the area gained new importance for such features? Is the site a potential restoration area? Does the site have other functions (buffer zone, corridor, etc.)? Description of reason* Detailed explanation why a de-designation is necessary and why it falls under one of the accepted reasons. Description of impact* Describe potential impacts on sufficiency of the national/biogeographic network & ways to compensate them * Information justifying the proposed changes must be supported by good quality material that can proof the claims. This can be scientific papers/studies, monitoring results, inventories, all kind of maps, aerial or satellite images, etc.

What’s the role of the Commission? The Commission shall be consulted prior to any de-designation of sites or part of sites taking effect in a Member State both for SCIs and SPAs

Procedure for de-designation Submission of the file to the Commission Evaluation of the file by the Commission (if needed, exchange with the MS, additional questions) For SCIs: de-designation is carried out following the same procedure as for adding a site to the list - changes become effective only after they are reflected in the Union List, after verification from the Commission of the respect of the above conditions. For SPAs: verification from the Commission of the respect of the above conditions, decision by the MS concerned taking effect.

Pending the verification by the Commission … For both SCIs and SPAs: Member States authorities shall safeguard the values of the sites and part of sites that are proposed for de-designation.

Thank you!