Biodiversity legislation and strategy in the EU Friedrich...

ETNAR ConferencePalic, Serbia, 25.09.2013

Biodiversity legislationand strategy in the EU

Friedrich WulfHead, International Biodiversity Policy

Pro Natura - Friends of the Earth Switzerland

International Biodiversity Campaigner Friends of the Earth Europe


What to expect in this presentation:

The EU Nature legislation – the Birds and Habitats directives (BHD)

Objectives and ConceptSite designationManagement and MonitoringEnforcementOutside the EU – the Emerald network

The EU Biodiversity strategyIntroduction of the strategyState of play


Objectives and Concept

Birds Directive - Directive 2009/147/EC (formerly 79/409/EC):

Member States shall take the requisite [=necessary] measures to maintain the population of the species referred to in Article 1 [=all species of wild birds] at a level which corresponds in particular to ecological, scientific and cultural requirements,[…] (Art.2)



Habitats Directive - Directive 92/43/EC:The aim of this Directive shall be to contribute towards ensuring biodiversity through the conservation of natural habitats and of wild fauna and flora […] (Art. 2 (1))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 (Art. 2 (2))



2 pillars: the strict system of species protection and the Natura 2000 network of protected sites.The strict system of species protection covers all species of Annex IV Habitats directive Natura 2000 Sites need to cover:

• all species of Annex I and migratory birds (Birds directive)• All habitats of Annex I (Habitats directive – rare and those

for which Europe has international responsibility)• All species of Annex II (Habitats directive)

These are those of community interest (Currently over 1.000 species and over 200 Habitat types)



Natura 2000…”shall enable [German text: “ensure that”] 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”



Natura 2000…”shall enable [German text: “ensure that”] 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”

Some examples for relevant habitats and species:

Annex I Birds directiveBl

ack

stork

Annex I Birds directive

Pere

grin

e Fa

lcon

Annex I Habitats

3140:

Hard oligo-mesotrophic

waters with benthic

vegetation of

Chara spp

Annex I Habitats

3150 Natural eutrophic lakes

with

Magnopotamion or

Hydrocharition type vegetation

Annex I Habitats

3150 Natural eutrophic

lakes with

Magnopotamion or

Hydrocharition type

vegetation

Annex I Habitats3260 Water courses with

typical Vegetation

Annex I Habitats

6210

Dry grasslands

Annex I Habitats

Annex I Habitats

6230

Species-rich Nardusgrasslands

Annex I Habitats

6510

Lowland Hay

Meadows

Annex I Habitats

6520

Mountain Hay Meadows

Annex I Habitats

Annex I Habitats71

40 T

rans

ition

mire

s an

d

quak

ing

bogs

Annex I Habitats8220 Siliceous

rocky slopes with

chasmophytic

vegetation

8230 Siliceous rock

with pioneer

vegetation

Annex I Habitats

8220 Siliceous

rocky slopes with

chasmophytic

vegetation

8230 Siliceous rock

with pioneer

vegetation

Annex I Habitats

9130

Asperulo-Fagetum beech

forests

Annex I Habitats

Annex I Habitats91

70 G

alio-

Car

pine

tum

oak-

horn

beam

fore

sts

Annex I Habitats91

80 *

Tili

o-Ace

rion

fore

sts

of

slope

s, sc

rees

and

rav

ines

Annex I Habitats91

F0 R

ipar

ian

mix

ed fo

rests

Annex II speciesM

acul

inea

naus

ithou

s

Annex II speciesC

allim

orph

aqu

adrip

uunc

taria

(rig

ht)

Annex II speciesSt

ag b

eetle

(Luc

anus

cerv

us)

Annex II speciesLa

mpe

trapl

aner

i

Annex II species

Cottus gobio

Annex II speciesM

yotis

bech

stein

i


Site selection and designation

For all these habitats and species, enough sites must be proposed so that they can achieve favourableconservation status (FCS)

Biogeographic seminars (conducted by ETC/BD and the EC) assess if this is the case

Rule of thumb: 20% of total in country and biogeographic region is the minimum20-60% of total needs a closer look; 20% can be enough for common and widespread habitats.60% or more is generally sufficient, with exceptions Detailed criteria in Annex III HD


Site selection and designation:Biogeographic regions


Site selection and designation:Process


Site selection and designation:The network at present


Site selection and designation:The network at present

Natura 2000: 26 106 sites949 910 km217,5% of EU Land surface


Management and monitoring

Sites must be properly managed so they achieve favourable conservation status for the species and habitats they were designed to protect (= all existing annex I, II species and habitats) (Art.6 (1) HD)

Management plans must set priorities, regulate how it is managed,

Important !!! Management plans must be developed together with people who work the land – process is often more important than the result

Can also clarify if additional money is needed and where it comes from


Management and monitoring

Sites should be monitored on a regular basis

Art. 17 requires member states to report every six years on the state of the species and habitats of community interest; EU makes synthesis

Last report published in 2008 for 2001-2006; next one is due 2014/15 for 2007-2012

Only 17% of speciesand Habitatsare in FCS


Enforcement

Natura 2000 legislation needs to be adopted by MS and integrated into national legislation within 2 years (Art. 23 (1)).

“No deterioriation” – MS are obliged to prevent deterioration of Natura 2000 areas and their species /habitats (Art. 6 (2))


Enforcement

Habitat directive assessment (Art.6 (3)):Assessment if a plan or project is likely to have an impact on the site (i.e. any habitat or species of community importance)“Green light” only if it can be shown that there it will indeed not adversely affect the integrity of the site concernedExceptions can be made according to Art.6 (4):

• in the absence of alternative solutions and• For imperative reasons of overriding public interest• Compensation required.


Enforcement

Exceptions (cont’d):If there are priority species and habitats, only the following arguments are acceptable:

• Human health• Public safety• Beneficial consequences of primary importance for the

environment• Other imperative reasons of overriding public interest (must

be assessed by Comission)

“Teeth” of the DirectivesMS can be taken to the ECJ over non-complianceNGOs also can file complaints


Outside the EU- the Emerald network

Decided by the Berne Convention, in particular:Recommendation Nr. 16 (1989)Resolutions 4,5,6 (1996-98) with Annexes for Habitats, site designation process, species

Very similar to Natura 2000, Natura 2000 and Emerald form one networkAnnexes alignedBiogeographic seminars by ETC/BD (e.g. Bar 2011)


Outside the EU- the Emerald network

Main difference: No direct legal obligation, only commitment from states; legal status and enforcement are up to member statesDesigning Emerald network is an international commitment states have undertakenIt is of crucial importance for saving Europe’s biodiversityIt is a blueprint for Natura 2000 and will greatly speed up the process for site designation for accession countries


The Emerald network at present

EU Forest Policy meeting Brussels, 28 March 2012


The EU Biodiversity strategy – an introduction

EU failed to reach ist 2010 target of stopping biodiversity lossNew target agreed:

2020 headline target:Halting the loss of biodiversity and the degradation of ecosystem services in the EU by 2020, and restoring them in so far as feasible, while stepping up the EU contribution to averting global biodiversity loss.

New CBD strategic plan (Nagoya, October 2010)Strategy communicated by Commission on May 3, 2011, endorsed by Council and EP (Dec 2011/May 2012)



6 targets:1. Nature conservation2. Green infrastructure, no net loss, Restoration of

ecosystems3. Agriculture (3a) and Forestry (3b)4. Fishery5. Invasive alien species6. Global impact of the EU



Target 1: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 so that, by 2020, compared to current assessments: (i) 100% more habitat assessments and 50% more species assessments under the Habitats Directive show an improved conservation status; and (ii) 50% more species assessments under the Birds Directive show a secure or improved status.



10 Actions for Target 1:• Complete Natura 2000 incl management, • finance it, • awareness raising,• improve monitoring and reporting

• EU Working groups on mangement guidance• New Biogeographic seminars• Prioritized Action Frameworks• WG on Monitoring • Art. 17 reports



Target 2:By 2020, ecosystems and their services are maintained and enhanced by establishing greeninfrastructure and restoring at least 15 % of degraded ecosystems.


Policy tools

Action 6aRestoration prioritisation framework (by 2014)

Knowledge-base

Baseline

Target 2By 2020, ecosystems and their services are maintained and enhanced by establishing green infrastructure and restoring at least 15% of degraded

ecosystems

Policy initiatives

Target 1Nature legislation

Target 3Agriculture and forests

Target 4Sustainable fisheries

Target 5Invasive alien species

Other EU legislation,WFD, MSFD…

Action 5Mapping & assessment of ecosystems and services (by 2014)Economic value assessment and integration into accounting and reporting systems(by 2020)

Action 7aBiodiversity proofing methodology (by 2014)

Strategic approach to compensation

Maintenance of ecosystem services Action 7b

No Net Loss initiative (by 2015)

Action 6bGreen Infrastructure Strategy (by 2012)



Target 3A:Agriculture: By 2020, maximise areas under agriculture across grasslands, arable land and permanent crops that are covered by biodiversity-related measures under the CAP so as to ensure the conservation of biodiversity and to bring about a measurable improvement(*) in the conservation status of species and habitats that depend on or are affected by agriculture and in the provision of ecosystem services as compared to the EU2010 Baseline, thus contributing to enhance sustainable management.



Target 3B:B) Forests: By 2020, Forest Management Plans or equivalent instruments, in line with Sustainable Forest Management (SFM)30, are in place for all forests that are publicly owned and for forest holdings above a certain size** that receive funding under the EU Rural Development Policy so as to bring about a measurable improvement(*) in the conservation status of species and habitats that depend on or are affected by forestry and inthe provision of related ecosystem services as compared to the EU 2010 Baseline.



Actions under Target 3:Improve the CAP to better reward biodiversityIntegrate quantified BD targets into the RDPsEncourage AEM uptakeLink Funding for Forests to Management plans with biodiversity standards (sfm, deadwood, afforestation)



Target 4:Achieve Maximum Sustainable Yield (MSY) by 2015. Achieve a population age and size distribution indicative of a healthy stock, through fisheries management with no significant adverse impacts on other stocks, species and ecosystems, in support of achieving Good Environmental Status by 2020, as required under the Marine Strategy Framework Directive.



Actions for Target 4:Use Common Fisheries Policy reform to integrate MSY concept; Fishing quotas accordingly reduced

Reduce discards (Calculations by Catch instead by Landing)

CFP reform succesful!



Target 5:By 2020, Invasive Alien Species (IAS) and their pathways are identified and prioritised, priority species are controlled or eradicated, and pathways are managed to prevent the introduction and establishment of new IAS.Activities:

Integrate IAS concerns into animal and plant health regimesDevelop instrument on IAS ( regulation adopted by EC, still needs to be approved by Council and EP



Target 6:By 2020, the EU has stepped up its contribution to averting global biodiversity loss.Actions:

Resource efficiencyInclude bd concerns in trade agreementsSet the right market signalsMore money for BD conservation in other countriesBiodiversity proof Dev CooperationRatify and implement the Nagoya Protocol against Biopiracy


The EU Biodiversity strategy – state of play

Target 1: ongoing – but weaknesses regarding new biogeogrqaphic process on Management plan and also PAFs (still some states have not sent in their priorities for financing). Art. 17 reports available for comments July/August next year !

Target 2: very fundamental:Mapping ecosystem services ongoing -Green infrastructure accepted +No Net Loss very controversial -No clear idea on Restoration target -



Target 3:Reform of the CAP has mostly failed:

«greening» of first pillar unsatisfactoryGAEC also weakened, WFD not on board in Cross complianceLess money for AEMs (and the money will have to be shared withNo clear definition of which AEMS will be fundedRecommendations for RDP will be too late



Target 4:Fisheries reform successful

Target 5:IAS strategy also decided by EC – successful so far

Target 6:Work only starting, NGOs not involved yetWill probably not be easy when Trade agreements are concerned



Thank you!

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