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Natura 2000 - Panda

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Natura 2000
Europe’s safety net for nature – and people
Andreas Beckmann
Deputy Director, WWF Danube-Carpathian Programme
Natura 2000: Myths
What is not true…
• “From Brussels for Brussels”
• Including land in a Natura 2000 site affect the ownership of such land
• All economic activities will be limited
• Properties automatically lose value as a consequence of Natura
2000 designation
• Hunting activities are forbidden
• Any new infrastructure is forbidden
• Everyday activities will have to undergo an environmental impact
assessment
Outline
About Natura 2000:
• Why Natura 2000?
• How does Natura 2000 work?
Implications for business:
• Challenges
• Opportunities
Our challenge
Bringing it Home
• 12bn hectares – 6 bn people
• Per capita global quota - 2 hectares
• European footprint - 6 hectares
• Average European needs 3 planets
• Average American needs 5 planets
Biodiversity provides crucial…
• Goods (food, wood, fiber…)
• Services (clean water, climate regulation…)
• Genetic reserves – our insurance policy
A global crisis
1000 x natural extinction rate
In Europe:
• 42% of mammals endangered,
e.g. Iberian lynx
• 80% of Danube wetlands lost
• Collapsing fish stocks
EU response
• “The Community shall have as its task…to promote throughout the
Community…a high level of protection and improvement of the
quality of the environment.”
Treaty Establishing the European Community (2002), Article 2:
• Convention on Biological Diversity (1992)
• Gothenburg Summit (2001): “halt the loss of biodiversity by 2010”
• EU 6th Environmental Action Programme (2001)
• Birds Directive (1979) and Habitats Directive (1992)
Europe’s “Safety net for nature”
• Birds + Habitats Directives = Natura 2000 network
• Cornerstone of EU conservation policy
• Maintain species and habitats of European importance
• Does not necessarily restrict socioeconomic activities –
in many cases requires them
Site designation
• Scientific assessment at national level
• Selection of sites of Community
Importance
• Designation as Natura 2000 sites
Methods of site selection
Large sites:
a few big sites
buffer zones included
public acceptance
often low
simple management
low administrative
costs
Excluding:
9110
6210
91E0
„holes“ where no habitat
type/ species has been
found
omitting private property
wherever possible
traffic facilities
Small sites:
9110
6210
91E 0
many sites
no buffer zones
large edge effects and
impacts
no functional units
impacts from outside not
under control
management difficult
administration costly
9110
6210
91E 0
Site management
• Avoid damage
• Positive measures, where necessary, to
maintain and restore habitats and
species
Possible consequences
Consequences of not selecting all Habitats Directive sites:
• No complete impact assessment possible, no Commission Opinion,
no authorization of plans/projects or at high risk
Consequences of incomplete Bird Directive sites:
• Factual Bird Directive sites (not delimited or declared but obviously
fulfilling the scientific criteria): legally no planning or impact possible at
all – “full stop” for any investments or changes
• Only declared bird sites fall under the Appropriate Assessment and
less strict protection regime of the Habitats Directive!
Potential sites which may qualify (based on scientific evidence) are
to be protected (precautionary principle)
Possible consequences
•
Any EU-citizen or NGO may start an infringement procedure
•
Risk of national courts to stop any activities/impacts started with the result of at
least high additional costs for delays in case of missing appropriate
assessments
•
EU-court cases and judgements:
– Fines (e.g.: FR fisheries obligations C304/02: a lump sum of €20 million)
– Penalty payments until full compliance (FR: €57.8 million/half year)
•
Possibility to stop any Structural Funds of the EU-Commission for not
respecting the Habitats/Birds Directives (e.g.: letter DE for Saxony)
•
It is wise to establish a safe legal background for any economic
investments and planning by fully selecting the necessary sites and by
using the prescribed methods of appropriate assessments.
Assessments
• Natura 2000 assessment required for plans or
projects likely to have a significant impact
• Focus on habitats or species protected
• Negative assessment: if no alternatives, the
project may go forward if considered to be of
overriding public importance.
Negative assessments
• 6.4. If, in spite of a negative assessment of the implications for the site
and in the absence of alternative solutions, a plan or project must
nevertheless be carried out
• for imperative reasons of overriding public interest, including those of
social or economic nature, the Member State shall take all
compensatory measures necessary to ensure that the overall
coherence of Natura 2000 is protected. It shall inform the Commission
of the compensatory measures adopted.
• Where the site concerned hosts a priority natural habitat type and/or a
priority species the only considerations which may be raised are those
relating to human health or public safety, to beneficial consequences of
primary importance for the environment or, further to an opinion from
the Commission, to other imperative reasons of overriding public
interest.
Measures for avoidance
Corridor for migration to species of amphibia
(stream and littoral)
The proponent suggests a generous
bridging as a mitigation measure
пЂґ All individuals are able to continue migrating, no
adverse impact occurs
Measures for reduction
Car traffic noise has adverse effects on birds
(deterioration of the breeding success,
disturbance, etc.)
New road
Birds habitat
Noise barriers can reduce the specific impacts
пЂґ residual impact on individuals
but not significant for the respective bird population on site
Baden-Airpark (DE): Positive EC opinion
Commision Opinion of 06/VI/2005

Plan: New landing strip,
renewal of runways, new
buildings and change of runoffwater treatment

Directly affected site DE 7214804 - „Baden-Airpark“ -- with
225 ha one of the last
continental dune complexes in
the Rhine-valley;

Priority habitat * 6230: Species
rich Nardus grasslands
Baden-Airpark (DE): Positive EC opinion
Reasons:
пЃѓA. Best alternative chosen (for nature conservation):
• 7 alternatives were checked – the accepted variant has no negative
impacts on adjacent sites but destroys a slightly larger area of the priority
habitat (the habitat type depends on the specific mowing regime at the
airport).
пЃѓB. Imperative reasons of overriding public interest:
• Need proofed: passenger numbers increased by a third in last 3 years,
major international connection, safety standards have to be met.
• Part of the Trans-European Network for Transportation.
Baden-Airpark (DE): Conditions
пЃѓC. Compensation measures
• Habitat 2330 (4 ha): Destroyed 1.5 ha, temporarily used: 0.5 ha;
Compensation 45 ha redevelopment;
• Habitat 4030 (0,05 ha): Only temporary use of 0,02 ha; Compensation of 2 ha
• Habitat *6230 (25,47 ha): Destroyed 3.3 ha, temporarily used: 2.88 ha;
Compensation: Creation of 3.5 ha with optional 2.3 ha
Compensation measures sufficient to ensure coherence of Natura 2000:
• Geographically as compensation is done in the same region
• The losses of habitats are both in quantity and in quality fully compensated by
the creation of new ocurrences/areas
Trupach (DE): A negative EC opinion
Commision Opinion of 24/04/2003)

Plan: 140 ha planned industrial
estate and business park

Site DE 5113-301 – „Heiden und
Magerrasen Trupbach“ (NRW) -An 85 ha large complex of
heathland and species rich
nutrient poor hay meadows

Habitats: 4030 dry heaths (all
subtypes, 8 ha), *6230 species
rich Nardus grasslands (11 ha),
Trupach (DE): negative impacts
пЃ„ Significant negative effects the result of the project:
• Quantitative loss of habitat-area
• Deterioration of the structural and functional integrity of the site
• Mitigation measures are not possible
пЃ„ As a priority habitat (*6230) exists in the site Art. 6(4)
has to be applied:
• Alternatives
• Imperative reasons of overriding public interest
Trupach (DE): negative opinion
Reasons:
пЃ„ A. Existing alternatives:
 3 other areas suitable for new business parks
 existing business parks include over 370 ha of still unused land
 alternatives in adjacent communities/administrative regions exist
(Member State affair)
пЃ„ B. imperative reasons of overriding public interest not
given:
 need not proofed: the assessment for the need of areas for industrial
parks where too old (10a)
 alternatives existing
 local or regional reasons without major positive effects on economy
in the country
• Austrian motorway builder
• Significant delays to S33 (Lower Austria), S18
(Vorarlberg)
• Led to significantly changed approach – build consensus
before project starts
Compensation
EU funding measures through:
• Rural Development fund
• European Fisheries Fund
Support also through Structural Funds, LIFE+
Note: National programming determines to what
extent these opportunities are used!
Rural Development
Wachau (AT)
• Upriver from Vienna
• Very strong tourism product focused on landscape
• LIFE project, Agri-environment, LEADER, Structural Funds
Rural Development
Lech Valley (AT)
Greifswalder Bodden (DE)
• Important resting and breeding area for birds
• Recreational area for sailing, boating, etc.
• Restrictions limited to a few weeks per year
Marketing
• Traditions of the White Carpathians
• Patchwork landscape on CZ/SK border
• Juices, fruit products, meat, crafts
Opportunities
What future?
Challenges: Protected Areas
Illegal construction in Strandzha Nature Park, Bulgaria
WWF’s Challenge for Change
Not
My Business
Philanthropy to
Offset Impacts
Transformation
Compliance
And Beyond
Reducing
Impact
Transformation
Zero
Impact
Global Strategies
for Risk
Management and
Cost Efficiencies
Transformation
Net Positive
Impact
Selling Solutions to
the World’s problems
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