EN Official Journal of the European Union L 24/370

COMMISSION IMPLEMENTING DECISION

of 16 November 2012

adopting a third updated list of sites of Community importance for the Macaronesian biogeographical region

(notified under document C(2012) 8167)

(2013/25/EU)

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, hereinafter the ‘Habitats Committee’.

(2) It is necessary in the context of a process which was initiated in 1995 to make further progress in the actual establishment of the Natura 2000 network, which is an essential element of the protection of biodiversity in the Union.

(3) The initial list and the first two updated list of sites of Community importance for the Macaronesian biogeographical region, within the meaning of Directive 92/43/EEC, were adopted by Commission Decisions 2002/11/EC (2), 2008/95/EC (3) and 2009/1001/EU (4). On the basis of Articles 4(4) and 6(1) of Directive 92/43/EEC, the Member State concerned has to designate the sites included in the list of sites of Community importance for the Macaronesian biogeographical region as special areas of conservation as soon as possible and within six years at most, establishing conservation priorities and the necessary conservation measures.

(4) In the context of a dynamic adaptation of the Natura 2000 network, the lists of sites of Community importance are reviewed. An update of the list of sites of Community importance for the Macaronesian biogeographical region is therefore necessary.

(5) On the one hand, the update of the list of sites of Community importance for the Macaronesian biogeographical region is necessary in order to include additional sites that have been proposed since 2010 by Member States as sites of Community importance for the Macaronesian biogeographical region within the meaning of Article 1 of Directive 92/43/EEC. For these additional sites, the obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC should apply as soon as possible and within six years at most from the adoption of this Decision.

(6) On the other hand, the update of the list of sites of Community importance for the Macaronesian biogeographical region is necessary in order to reflect any changes in site related information submitted by Member States following the adoption of the initial and the first two updated Union lists. In that sense, this updated list of sites of Community importance for the Macaronesian biogeographical region constitutes a consolidated version of the list of sites of Community importance for the Macaronesian biogeographical region. It should be stressed that, for any site included in this Decision, the obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC should apply as soon as possible and within six years at most from the adoption of the list of sites of Community importance in which the site was included for the first time.

(7) For the Macaronesian biogeographical region, lists of sites proposed as sites of Community importance within the meaning of Article 1 of Directive 92/43/EEC were transmitted to the Commission between November 1997 and October 2011 by the Member States concerned in accordance with Article 4(1) of that Directive.

(8) The lists of proposed sites were accompanied by information on each site, supplied in the format established by Commission Decision 97/266/EC of 18 December 1996 concerning a site information format for proposed Natura 2000 sites (5).

(9) That information includes the map of the site transmitted by the Member States concerned, name, location and extent of the site, and the data yielded by application of the criteria specified in Annex III to Directive 92/43/EEC.

(10) 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.

(11) 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 done using the best available information at present.

(12) Certain Member States have not proposed sufficient sites to meet the requirements of Directive 92/43/EEC for certain habitat types and species. For those habitat types and species it can therefore not be concluded that the Natura 2000 network is complete. Taking into account the delay in receiving the information and reaching agreement with the Member States, it is necessary to adopt an updated list of sites, which will need to be revised in accordance with Article 4 of Directive 92/43/EEC.

(13) Given that knowledge on the existence and distribution of some of the natural habitat types of Annex I and species of Annex II to Directive 92/43/EEC remains incomplete, it should not be concluded that the Natura 2000 network is either complete or incomplete. The list should be revised, if necessary, in accordance with Article 4 of Directive 92/43/EEC.

(14) In the interests of clarity and transparency, Decision 2009/1001/EU should be repealed.

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

HAS ADOPTED THIS DECISION:

Article 1

The third updated list of sites of Community importance for the Macaronesian biogeographical region in accordance with the third subparagraph of Article 4(2) of Directive 92/43/EEC is set out in the Annex to this Decision.

Article 2

Decision 2009/1001/EU is repealed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 16 November 2012. For the Commission Janez POTOČNIK Member of the Commission

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

(2) OJ L 5, 9.1.2002, p. 16.

(3) OJ L 31, 5.2.2008, p. 39.

(4) OJ L 344, 23.12.2009, p. 46.

(5) OJ L 107, 24.4.1997, p. 1.