Natura 2000 - how it works in detail
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One of the outstanding features of the two nature Directives of the EU is the obligation on Member States to establish and maintain a network of protected areas, called Natura 2000. Although it is the Habitats Directive that explicitly mentions the term Natura 2000 for the first time (Article 3), Special Protection Areas (SPAs) designated under the Birds Directive are also fully integrated within this network. Under the Habitats Directive, Special Areas of Conservation (SACs) have to be designated both on land and at sea (Article 4), for the habitats listed in Annex I and the species of Annex II of the Directive, to help to maintain or restore them to favourable conservation status.
The selection process for Natura 2000 sites under the Habitats Directive
While SPAs for birds automatically become Natura 2000 sites when Member States submit their lists to the European Commission, the process for designating sites for other animals, plants and habitats under the Habitats Directive, is rather complex and has several stages.
- First, Member States are required to identify and propose Sites of Community Importance (SCIs) to the European Commission. There is a set of criteria to select such sites in Annex III of the Habitats Directive.
- Member States submit all the information related to proposed SCIs to the Commission, who then organises meetings for each of the identified biogeographical regions of the EU to assess the proposals from the Member States and to finalise the list of SCIs for each such region. At these biogeographic seminars independent experts of the relevant species and habitats, including from NGOs can also be present.
- Based on the outcomes of these seminars the Commission adopts the lists of SCIs or asks for further designations. Once the SCI lists are adopted, Member States have six years to designate and protect them as SACs.
Although much advanced (at least for terrestrial sites), the process of site designation is still ongoing. BirdLife works with other NGOs to speed up this process in order to complete the network, including at sea. An up-to-date overview on the stage of the designation process can be obtained from the European Commission’s Natura 2000 Barometer.
How does the Habitats Directive protect Natura 2000 sites?
Designation of Natura 2000 sites is only a first step towards their protection. Article 6 of the Habitats Directive obliges Member States to establish conservation measures for each site, including the preparation of management plans. Such measures must take into consideration the ecological requirements of the habitats and species for which the sites are designated.The same Article also describes the process that needs to be followed for any plan or project to assess whether they would have a significant impact on the site conservation objectives (or Favourable Reference Values). This process is subject to specific guidance from the European Commission.
Such plans or projects, which could include mining, infrastructure or housing development, can only be authorised if they do not have a negative effect on the ecological integrity of the site. In other words, the species and/or habitats for which the site was selected as Natura 2000 site must be maintained in a good status. In case of negative impacts, alternative solutions must be sought. If such solutions do not exist, the plan or project can only go ahead if they are considered essential for Imperative Reasons of Overriding Public Interest (IROPI). If IROPI are used to realise a project, Member States must compensate for the loss of habitats and/or species caused by the development. If priority species or habitats are concerned Member States must consult IROPI and application of compensation measures with the European Commission.
Despite various Commission guidance documents on the subject, as well as some judgements of the European Court of Justice, there is still some uncertainty over several of the definitions used in this (very important) Article 6. BirdLife has already adopted a position paper on mitigation and compensation on Natura 2000 sites and is developing further positions in this context.
 Ebbe Mortensen
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How to monitor the conservation status of Natura 2000 sites?
Another key aspect of the Natura 2000 network is the need to assess and monitor the conservation status of the sites against the identified conservation objectives or Favourable Reference Values. The best way to do this is to regularly up-date the central Natura 2000 database that is held by the European Environment Agency (EEA) and its Topic Centre on Biological Diversity (ETC/BD). This database includes all the data submitted by Member States on the so-called Standard Data Forms for each Natura 2000 site, as well as a geographical information system layer containing their boundaries.
Unfortunately, this important database which should be used to make information about the Natura 2000 sites freely available is still not publicly accessible. BirdLife is asking European Commission and Member States to put this essential information online as a matter of urgency. For the time being it is possible to access information and maps of Natura 2000 sites at the national level for several of the Member States from this Website.
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