# CE2004078EN.01080001.xml

| 27.3.2004 | EN | Official Journal of the European Union | CE 78/800 |
| --- | --- | --- | --- |

27.3.2004

EN

Official Journal of the European Union

CE 78/800

---

(2004/C 78 E/0849)

WRITTEN QUESTION E-3299/03

by Horst Schnellhardt (PPE-DE) to the Commission

(7 November 2003)

Subject:   Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (Flora, Fauna and Habitats Directive)

Subject:

| 1. | The main objective of the Flora, Fauna and Habitats Directive 92/43/EEC (1) is to conserve natural habitats in order to ensure biodiversity. The Natura 2000 programme accordingly prohibits any deterioration in the existing situation, thereby requiring Member States to take action as soon as any such deterioration is foreseeable.
  Does this mean that an existing form of usage must be upheld in order to maintain the status quo even where the benefit of such usage to mankind lapses? Can Member States be required to subsidise usage so that it can be maintained in order to conserve the status quo? |
| --- | --- |

1.

The main objective of the Flora, Fauna and Habitats Directive 92/43/EEC (1) is to conserve natural habitats in order to ensure biodiversity. The Natura 2000 programme accordingly prohibits any deterioration in the existing situation, thereby requiring Member States to take action as soon as any such deterioration is foreseeable.

1

Does this mean that an existing form of usage must be upheld in order to maintain the status quo even where the benefit of such usage to mankind lapses? Can Member States be required to subsidise usage so that it can be maintained in order to conserve the status quo?

| 2. | Once the areas of Community importance have been placed under protection, Member States must ensure monitoring of the conservation areas. Support for such monitoring has not so far been available from LIFE-Nature funding. Does the Commission intend to make financial resources available for monitoring? |
| --- | --- |

2.

Once the areas of Community importance have been placed under protection, Member States must ensure monitoring of the conservation areas. Support for such monitoring has not so far been available from LIFE-Nature funding. Does the Commission intend to make financial resources available for monitoring?

Answer given by Mrs Wallström on behalf of the Commission

(3 December 2003)

(3 December 2003)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (2) includes in Article 6(2) the obligation for Member States to take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive.

2

Member States are fully responsible for determining the way in which they will ensure compliance with Article 6(2) of the Directive, including, if necessary, guaranteeing the continuation of the present form of usage.

The same Directive includes, in Article 11, the obligation for Member States to undertake surveillance of the conservation status of the natural habitats and species referred to in Article 2 with particular regard to priority natural habitat types and priority species.

The LIFE financial instrument, through LIFE-Nature, allows support for the implementation of Directive 92/43/EEC and of the Natura 2000 network. It has, in that framework, supported surveillance and monitoring efforts in several Natura 2000 sites over the years. However, due to its limited scope, the LIFE programme cannot be used for the continued management of Natura 2000 sites in general, including monitoring activities. Any Community contribution for this purpose has to be seen in the light of Article 8 of the Directive, which foresees the co-financing of measures essential for the management of Natura 2000 sites. A Communication from the Commission on the application of Article 8 of Directive 92/43/EEC will be submitted soon to the Council and Parliament.

---

(1)  OJ L 206, 22.7.1992, p. 7.

1

(2)  OJ L 206, 22.7.1992.

2

---