COMMISSION IMPLEMENTING DECISION (EU) 2023/240

of 26 January 2023

adopting the tenth update of the list of sites of Community importance for the Macaronesian biogeographical region

(notified under document C(2023) 584)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1), and in particular the third subparagraph of Article 4(2) thereof,

Whereas:

(1) The Macaronesian biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises the archipelagos of the Azores and Madeira (Portugal) and the Canary Islands (Spain) in the Atlantic Ocean, as specified in the biogeographical map approved on 20 April 2005 by the committee set up by Article 20 of that Directive (the ‘Habitats Committee’).

(2) The initial list of sites of Community importance for the Macaronesian biogeographical region, within the meaning of Directive 92/43/EEC, was adopted by Commission Decision 2002/11/EC (2). That list was last updated by Commission Implementing Decision (EU) 2021/162 (3).

(3) The sites included in the list of sites of Community importance for the Macaronesian biogeographical region form part of the Natura 2000 network which is an essential element of the protection of biodiversity in the Union. In order to make further progress in the actual establishment of the Natura 2000 network and in the context of a dynamic adaptation of that network, the lists of sites of Community importance are reviewed regularly.

(4) Between 17 September 2021 and 30 January 2022 Member States have proposed additional sites of Community importance for the Macaronesian biogeographical region. Member States have also submitted changes in the site-related information contained in the list of sites of Community importance for the Macaronesian biogeographical region.

(5) On the basis of the draft list drawn up by the Commission in agreement with each of the Member States concerned, which also identifies sites hosting priority natural habitat types or priority species, an updated list of sites selected as sites of Community importance for the Macaronesian biogeographical region should be adopted. Article 4(4) and Article 6 of Directive 92/43/EEC apply to the newly included sites.

(6) Knowledge of the existence and distribution of the natural habitat types and species is constantly evolving as a result of the surveillance undertaken in accordance with Article 11 of Directive 92/43/EEC. Therefore, the evaluation and selection of sites at Union level was carried out using the best available information at the time.

(7) Certain Member States have not proposed sufficient sites to meet the requirements of Directive 92/43/EEC for certain habitat types and species. Furthermore, knowledge of the existence and distribution of some of the natural habitat types listed in Annex I and some of the species listed in Annex II to Directive 92/43/EEC remains incomplete. For those habitat types and species it can therefore not be concluded that the Natura 2000 network is complete.

(8) In the interests of clarity and transparency, Implementing Decision (EU) 2021/162 should be repealed.

(9) The measures provided for in this Decision are in accordance with the opinion of the Habitats Committee,

HAS ADOPTED THIS DECISION:

Article 1 The tenth update of the list of sites of Community importance for the Macaronesian biogeographical region as set out in the Annex is adopted.

Article 2 Implementing Decision (EU) 2021/162 is repealed.

Article 3 This Decision is addressed to the Member States.

Done at Brussels, 26 January 2023. For the Commission Virginijus SINKEVIČIUS Member of the Commission

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

(2) Commission Decision 2002/11/EC of 28 December 2001 adopting the list of sites of Community importance for the Macaronesian biogeographical region, pursuant to Council Directive 92/43/EEC (OJ L 5, 9.1.2002, p. 16).

(3) Commission Implementing Decision (EU) 2021/162 of 21 January 2021 adopting the ninth update of the list of sites of Community importance for the Macaronesian biogeographical region (OJ L 51, 15.2.2021, p. 596).