European Commission, DG Environment, Nature Unit "The level of implementation and enforcement of the Habitats and Birds Directives" Joseph van der Stegen European Commission, DG Environment, Nature Unit IMPEL Conference, Valletta, 3 October 2013

Outline of the presentation Natura 2000 (Birds and Habitats Directives) – reminder Where are we in the implementation of Natura 2000? Where are the main enforcement issues? The role of IMPEL

1. Natura 2000 (Birds and Habitats Directives) Reminder

Objective and scope of Habitats Directive To contribute towards ensuring biodiversity through conservation of natural habitats and species in EU To ensure that these species and habitat types are maintained at, or restored to, a ‘favourable conservation status’. Focus on 1000+ threatened plants & animals & c.230 habitats HABITATS DIRECTIVE Site protection and management Species protection & management Annex I Habitat types Annex II species Annex IV species Annex V species

Objectives and Scope of the Birds Directive Protects all species of naturally occurring birds in the wild state in the EU. Overall objective is to maintain the populations of all wild bird species in the EU at a level which corresponds to their ecological, scientific and cultural requirements, or to adapt the population of these species to that level. BIRDS DIRECTIVE Site protection Species protection Migratory species Annex I birds All wild birds Exemptions for species on annex II & III

Natura 2000 – based on two EU Directives

State of progress in establishing Natura 2000 26 400 sites 986 000 km² 18 % EU land ~4 % EU seas Largest co-ordinated Protected Area network Almost complete on land Some additional work for marine

Communication and public awareness Natura 2000 viewer ------------------------------------------                                                                                                  8

Key protection principles of Natura 2000 Conserves species & habitats across entire natural range in EU, irrespective of political boundaries; Selects sites using the same scientific criteria; Offers strong legal protection but has high flexibility and subsidiarity provisions; Works in collaboration with land owners & users; Supports sustainable development : new activities or development affecting N2000 are not automatically excluded, not all strictly protected areas

EU Biodiversity Strategy 2011 Target 1 - Nature conservation A 2020 HEADLINE TARGET: Halt the loss of biodiversity and ecosystem services in the EU and restore them insofar as feasible (…) To halt the deterioration in the status of all species and habitats covered by EU nature legislation and achieve a significant and measurable improvement in their status by 2020: Increase stakeholder awareness and involvement and improve enforcement

2. Where are we in the implementation of Natura 2000?

Main steps: Transposition by Member States: OK Designation of sites: almost OK except on sea Taking care of the sites: on-going Management of the sites: establishment of conservation objectives and implementation of management measures: on-going, a lot to do Protection of the sites: on-going, a lot to do Avoiding significant impact due to new projects: on-going Exceptions: Compensation measures: on-going, a lot to do Reporting obligations: on-going

Habitats and Species related to Agriculture and water have worse status than others

EU common birds Index in Europe Farmland: decrease  Forest: stability

Main sources of pressure: Pollution Fragmentation Overexploitation Climate change Habitat loss Invasive species Etc.

3. Where are the main enforcement issues?

Commission enforcement policy Commission obligation to ensure application of EU law But: primarily MS obligation Enforcement is within context that includes compliance promotion, e.g. guidance documents, LIFE funding, EU Pilot Enforcement related to citizen complaints/European Parliament petitions Trend towards strategic use of enforcement powers confirmed by 2008 Communication - Initiative on environmental surveillance, inspections and investigations

Where do problems occur? Art. 6. and 6.4 of the Habitats Directive: Trying to avoid Art 6.3. appropriate assessment (AA), alternatives not properly examined, effects assessed on species and habitats status quo, not on the conservation objectives, "salami slicing", no AA on projects outside Natura 2000 when necessary, mixing-up mitigation and compensation measures Trying to avoid concluding on significant impact and compensation measures Inadequate compensation measures or no follow-up Permitting conditions not respected

Where do problems occur? Lack of consideration for protection measures for species outside Natura 2000 (Art. 5. of the Birds Directive and 12 of the Habitats Directive) Non-compliance with the hunting provision (Art. 7 BD) Misuse of derogations (Art. 9 BD, Art. 16 HD) Illegal taking, capture, killing of protected species – special focus on "Illegal Killing, trapping and trade of birds"

Where do problems occur? Degradation of sites (Art. 6.2 HD)

The role of IMPEL? "Green issues" = new for IMPEL Enforcement = key issue for success Very relevant to exchange information on the implementation of the BD & HD and share best practices across Member States Possible topics for IMPEL: Implementation of Art. 6. & 6.4 across Member States Illegal killing of birds: sharing information on closed-rings, IMPEL Implementation Review, collaboration with other EU networks (judges, prosecutors), Contribution to the establishment of National Action Plan to combat illegal killing of birds

I thank you for your attention joseph.van-der-stegen@ec.europa.eu http://www.cc.cec/dgintranet/env/b3/index.htm 22 22