REPORT FROM THE COMMISSION on the implementation of the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora {COM(2003) 845 FINAL}

REPORT FROM THE COMMISSION on the implementation of the Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and flora PART II SUMMARIES OF EU MEMBER STATE REPORTS

Summary of National Report: Austria

1. Natura 2000: conservation of natural habitats and habitats of species

1.1 Proposed Sites of Community Importance (pSCI) (Article 4(1) and 4(2))

1.1. Inventories

In Austria, the implementation of the EU Habitats Directive is the responsibility of the nine Bundesländer (federal provinces), each of which proposes Sites of Community Importance. According to the Federal Environment Agency the total number of pSCIs is currently 160

Most but not all pSCIs were previously covered by one or more of five long-standing site designation schemes: (1) the 'Naturdenkmal'/natural monument, (2) the 'Landschafts-schutzgebiet'/landscape protection area, (3) the 'Naturschutzgebiet'/ nature reserve, (4) the 'Naturwaldreservat'/natural forest reserve, and/or (5) the 'Nationalpark'/ national park. The remaining pSCIs are included under less prominent domestic designation categories, under international designations (e.g. biogenetic reserve, Ramsar site, UNESCO world heritage site), or in some cases remain outside the regular designation system.

Notification of pSCIs has tended to rely on existing scientific and cartographic data, available as a direct consequence of a long-standing ecological interest in these sites. This includes information obtained from local/regional biotope mapping initiatives and existing ecological inventories.

As for additional inventories, it is worth highlighting the existence of relevant publications by the Federal Environment Agency (Umweltbundesamt), most notably information on the 'Technical basis for the implementation of the Habitats Directive' (UBA-95-115), 'Assessment of the Austrian Natura 2000-Network (1998)' (UBA-R-158) and the 'Manual of Natura 2000 Habitat Types in Austria' (UBA -130), as well as NGO publications such as the WWF Shadow List for Austrian Natura 2000 sites.

Some of the Länder reports indicate that insufficient species and habitat data represents a hurdle in the site selection process, particularly with respect to sites previously not designated under one of the existing schemes. This has caused delays in the notification process.

1.1.2 Processes of proposing sites

On the basis of information provided, it appears that pSCIs have been drawn up by local experts on behalf of the Länder governments. Expert groups generally consist of scientists, most notably academic staff of universities and other relevant institutions, such as museums and research institutes. They may further include representatives of NGOs. This allows for the combined use of scientific expertise, field experience and local knowledge in the selection process. Moreover, four national workshops, organised between 1999 and 2000, brought together all relevant regional experts.

Additional independent scientific assessment of the sites' conservation value was provided in response to local opposition to the site proposal (eg in the Steiermark). In Tirol, the public was consulted where possible during the site selection process. Recently, increased public sensitivity with regards to EU issues has contributed to delays in implementation.

1.2 Conservation measures (Article 6 )

1.2.1 Management measures (objectives, management plans)(Article 6(1))

There is no national framework for the development of management measures; nor is there a standardised management framework in any of the individual Bundesländer. Progress in the latter is very varied, and much of the existing ecological management is organised at the site level, often related to the management of long-standing conservation sites.

Local management measures frequently fall within one of the following categories:

* continuation of extensive farming/management practices in accordance with ecological objectives, e.g. cutting/grazing of meadows and grasslands, reed harvesting etc. (often on a contractual basis - 'Vertragsnaturschutz')

* water management to maintain or enhance as appropriate water tables in wetland habitats, especially moor land

* sustainable forest management

* habitat rehabilitation measures

* management of visitor pressure

* exclusion of all (direct) human influence (exclusion zones)

Agri-environment measures are also used in support of ecological management measures.

Formalised management plans tend to be lacking (in the Steiermark, for instance, 3 of 30 sites have management plans, and in Tirol one of nine). Despite the lack of formal management plans, the majority of conservation sites benefit from some form of ecological management.

Most Länder reports note that management plans are being established or will be established in the near future, and frequently LIFE funding is used to further plans for site management at the local level (eg Oberösterreich, Salzburg, Steiermark, Wien). However, ecological inventories first need to be completed for many of the pSCIs.

Existing management measures and plans are generally closely monitored by site wardens on a site-by-site basis and frequently subject to nature conservation contracts with local landowners and/or farmers ('Vertragsnaturschutz'). Management plans are frequently part of formal legal requirements.

1.2.2 Protection of sites (e.g. avoiding deterioration, assessment) (Article 6(2))

Protection of pSCIs is ensured through nine separate provincial nature conservation laws. Most pSCIs (or large components thereof) are formally protected as a result of existing designations. In the process of transposing the Habitats Directive, adjustments have been made to the provincial nature conservation laws and regulations. Where appropriate, a strengthening of legal provisions for the protection of resting places for bats (i.e. caves, buildings etc.) has also enhanced site protection.

A number of reports refer to the negative impact of development and infrastructure projects (especially ski facilities) on site integrity and report on the aversive measures taken (e.g. diversion of routes). In some instances, land has been leased or purchased by local authorities or NGOs to ensure adequate protection.

Where detail is provided on the legislative arrangements for the prevention of site deterioration, reference is made to the legal requirement for environmental assessment. This is the case in eg Niederösterreich, Steiermark, Tirol and Wien. In Niederösterreich, the obligation to obtain permission for and to notify projects listed in the nature conservation laws applies to all sites that are notified to the Commission. Project appraisal in this case is dealt with under the regional planning laws.

In some incidences Länder law is considered to be stricter than provisions contained in the Directive. For instance, the nature conservation law of the province of Wien provides stricter rules with regards to the consideration of public interest in the project appraisal procedures for individual sites (paragraph 22 (9), 22a).

1.2.3 Effect of Article 6 conservation measures on Favourable Conservation Status (FCS)

A federal working group has been set up to provide guidance on 'favourable conservation status' (FCS). This group works in cooperation with all Länder authorities and is supported by the Federal Environment Agency. [1] There are, however, no targets set for habitat or species conservation. There is consequently also no formal assessment of the effects of Article 6 measures on FCS.

[1] The Tirol report was the only report to mention this initiative.

1.3 Finance (Article 8)

1.3.1 Cost estimates

Just two of the nine Länder (Kärnten and Niederösterreich) have attempted a cost estimate.

1.3.2 National/EU sources of funding

A variety of funding sources have been used in support of Natura 2000, either directly or indirectly. The main sources for funding have been:

* Länder funds - including National park funds (Nationalparkfonds) and landscape conservation funds (Landschaftspflegefonds);

* federal funds - especially for forest and water management;

* agri-environment funds - under the Austrian 'ÖPUL' programme; and

* LIFE-Nature.

Additional sources mentioned are NGOs and private/corporate sponsors.

1.4 Surveillance (Article 11)

The extent of existing surveillance varies greatly between and within the Bundesländer. Habitat monitoring arrangements are usually made at the site level, with little coordination at the Länder level. Some Länder, eg Steiermark and Tirol, appear to have no habitat monitoring procedures in place. Moreover, surveillance, where it does take place, seems frequently to be restricted to national parks, and thus limited to Natura 2000 sites designated as national parks (e.g. Kärnten, Salzburg).

The following five of the nine Länder are in the process of or have already developed a coordinated habitat monitoring scheme: Burgenland; Niederösterreich; Salzburg (existing for forest reserves); Vorarlberg; and Wien.

Species monitoring is performed in the following Länder and with respect to the following species:

Bundesland // Species

Burgenland // No information provided

Kärnten // Alpine newt (Triturus alpestris)

Niederösterreich // Number of Annex II and IV species, such as otter (Lutra lutra), lynx (Lynx lynx), Pearl Mussel (Margaritifera margaritifera), as well as other nationally endangered species such as Branchiopoda etc.

Salzburg* // Bat species (in progress), Bluethroat (Luscinia svecica svecica)

Steiermark* // Bat species

Wien* // Breeding birds (in one of the four pSCIs)

*data provided for pSCIs only, no comment can be made about general Länder trends

The Salzburg report makes reference to MONAP - 'Monitoring in National Parks and other protected areas in the Alps by example of vegetation and waters', which included project-related research on monitoring in the province's national park. [2]

[2] MONAP was a transnational, interdisciplinary research project to implement monitoring programmes into the management of European alpine national parks and large protected areas by example of vegetation and waters. The Project was an application for the 4thThematic Programme, 2ndKey Action: 'Global Change, Climate and Biodiversity' of the 5thEuropean Framework Programme for research, technology and development of the European Community.

Due to the absence or early stage of monitoring activities, no results can be reported. It has, however, been indicated that for most areas concerned, the relevant baseline data for future habitat monitoring is now available.

2. Protection of species (Article 12-16)

2.1 Strict system of protection (Article 12, 13)

Strict systems of protection for Annex IV a and b species are in place in Burgenland, Kärnten (with the exception of some invertebrate and plant species; eg Lindernia procumbens), Niederösterreich, Salzburg, Steiermark, Tirol, Vorarlberg and Wien.

Special species conservation measures are taken for the following species:

Bundesland // Species

Kärnten // Amphibian spp., Green toad (Bufo viridis), Freshwater White-clawed crayfish (Austropotamobius pallipes), Macullinea spp., Bat spp. (Microchiroptera.), Brown bear (Ursus arctos), Dipper (Cinclus cinclus), Kingfisher (Alcedo athis), Little bittern (Ixobrychus minutes),

Salzburg // Bat spp., Amphibian spp., Butterfly spp. (esp. Annex IV)

As well as varies species habitat protection schemes (esp. for Annex II and IV species), e.g. for wetland habitats hedgerow conservation, and efforts to increase habitat connectivity

Steiermark* // Bat spp., Maculinea nausithous, Maculinea teleius Lycaena dispar (in pSCI AT 2208000)

Wien* // Xylobiont beetles (Coleoptera spp)

Corncrake (Crex crex), European beaver (Castor fiber).

*data provided for pSCIs only, no comment can be made about general Länder trends

Monitoring for incidental capture and killing of species listed in Annex IV (a) of the Directive generally takes place within designated areas. Many of sites are regularly inspected by site wardens, and any changes are being reported. This supposedly includes the finding of dead specimen, apparent disturbance of breeding and resting sites etc. However, no relevant data is provided in the reports.

2.2 Takings and derogations (Article 14, 15, 16)

Most, if not all, Bundesländer regulate the taking of specimen by means of a licensing system. Game and fish species that may be hunted/fished are subject to species-specific provisions concerning closed seasons (Schonzeiten). Hunting is generally subject to a hunting permit.

The reports do not evaluate or specify the effects of derogations. The fact that most exemptions were made for scientific or educational purposes, suggests, however, that the system of strict regulation is sufficiently strict. However, little can be inferred about the capture and killing from this data, and the Länder reports do not specify any further measures.

With respect to derogations, the following summary can be provided from the Länder reports:

>TABLE POSITION>

Indiscriminate means of capture are prohibited in some, if not all, of the Bundesländer.

3 Other issues

3.1 Research (Article 18)

Extensive research relevant to the conservation of threatened and protected species, including those listed in the Annexes of the Habitats Directive, has been carried out. This includes extensive surveys of land cover, countryside use and habitat condition (biotope mapping), and detailed investigations of the distribution and ecology of individual species (esp. red data lists).

In addition, there are a number of site-based research dissertations evaluating Natura 2000 designation and/or investigating the ecology of listed species and habitats.

3.2 Introduction and reintroduction (Article 22(a) and 22(b))

No reintroduction of Annex IV species has taken place, and there have been no reports of deliberate introductions of non-native species into the wild.

3.3 Awareness raising (Article 22(c))

Information on nature conservation and related aspects appears to be predominantly site-related, and is often of a generic nature, not specifically linked to Natura 2000. For certain sites (notably in the Steiermark), it is stressed that site-specific publicity is deliberately discouraged in order to avoid an increase in visitor pressure.

3.4 Management of landscape features (Article 10)

Only three of the nine Länder comment on issues related to sectoral integration. The Tirol report stresses the importance of nature conservation measures that are performed on a contractual basis ('Vertragsnaturschutz'), most notably with respect to enhancing the coherence and connectivity of the Natura 2000 network. Such conservation measures are commonly (but not always) paid for by Länder funds.

Overall, little information was included on the specific measures taken, especially with respect to the need to 'encourage the management of features of the landscape which are of major importance for wild fauna and flora' (Article 10).

3.5 Human resources and technical resources

Natura 2000 and the implementation of the Habitats Directive appears to be administered by existing members of staff, ie using existing resources for nature conservation.

Summary of National Report: Belgium

BR: Brussels region

FR: Flemish region

WR: Walloon region

FED: Federal (for the North sea)

1 Natura 2000: conservation of natural habitats and habitats of species

1.1 Proposed Sites of Community Importance (pSCIs) (Article 4(1) and 4(2))

1.1.1 Inventories

By the end of 2002, 270 sites had been proposed for the whole of Belgium. This includes the additional list proposed for the Walloon Region in November 2002. The criteria used to propose these sites are the presence of habitats from Annex I or species from Annex II. More specific criteria vary from region to region, as follows.

BR: The scientific basis for selecting sites is the presence of four species of bats included in Annex II and their feeding zones; and the presence of several habitat types included in Annex I. Three site complexes have been proposed according to these criteria.

FR: The main data sets used for the delimitation of the first list of pSCIs, submitted in February 1996, included the 'green core structure' (Groene Hoofdstructuur) being prepared for the development of the ecological network in Flanders; and the Biological Estimate Maps (BWK, Biologische WaarderingsKaarten). The presence of habitats from Annex I and species from Annex II was the main criteria for site selection. As nature in Flanders is scattered and larger areas of natural or semi-natural habitats are quite rare, complexes of smaller sites were often proposed.

A revised list was submitted in May 2001, using additional data sets as well as new monitoring and inventory reports, site specific information from nature and forest guards and from nature conservation organisations (NGOs), and data from species expert groups. 38 sites covering an area of 101,891ha have been proposed by the Flemish government (decision taken on the 4 May 2001).

WR: A first list of sites, including sites already protected, was proposed at the end of March 2000. A second list, including sites belonging to public authorities (military sites, forests) and some private sites, was proposed in June 2001. In the Walloon region the selection of sites is based on scientific criteria, according to the presence of habitats or species population of Community importance, according to the SGIB list (list of sites of great biological interest), and also considering restoration potential.

165 sites were proposed in March 2000, 67 sites in June 2001. A new proposal was submitted in November 2002, bringing the total number of pSCIs for the region to 228.

Fed: The area between Ostend and the French border, from the low water mark up to 3 nautical miles offshore, was proposed as a pSCI. The site covers an area of 17,000 ha. The sandbanks in this area, which are less than 6m deep at low tide, make up the Ramsar site 'De Vlaamse Banken'. The overall pSCI (called 'Trapegeer-Stroombank') includes habitats types 1110 (Sandbanks which are slightly covered by seawater all the time) and 1140 (Mudflats and sand flats not covered by seawater at low tide). The presence of several species from Annex II (Phocoena phocoena, Halichoerus grypus, Phoca vitulina, Lampetra fluviatilis, Petromyzon marinus, Alosa fallax, etc) and of Annex I of the Bird Directive (Gavia sp., Sternum sp., etc) was a criteria used to determine these sites.

1.1.2 Processes of proposing sites

The process of site proposal has varied from one region to another, as follows.

BR: A first report on the Habitats Directive was discussed internally in 1995 at the IBGE-BIME (Brussels Institute for Management of the Environment). At that time, no external data sources were taken into account. In order to identify sites according to the presence of species, the Brussels region based its selection on data available at the IBGE. The data originated from several research programmes. The Brussels higher council for nature conservation gave a favorable opinion on this report in February 1996.

Following further discussions and new data on Annex II species (especially bats), a working group from the higher council was consulted for advice. The first list of sites was then completed with border zones, transition zones and scattered areas in order to have a coherent system. Bat feeding areas were also taken as criteria. Some of the zones were not eventually included for practical reason (private property).

The 1996 list was adapted to take into account a wider view of the habitats of Annex I according to the urban character of Brussels, and also to reflect the presence of four Annex II bats. The report was forwarded to the European Commission in May 1996.

FR: A first list of 40 sites was proposed by the Institute for Nature Conservation and approved by the decision of the Flemish government on 14 February 1996. These 40 sites included 44 habitat types from Annex I and 20 species from Annex II. The sites covered a total area of approximately 60,000 ha, with half of that area already designated as SPAs.

Following discussions in the Atlantic and the Continental biogeographical seminars, the European Commission asked for additional sites to be proposed since the area proposed for some habitats and species was considered as insufficient. A new list was submitted in May 2001, after cooperation between the Nature Division, the Institute for Nature Conservation, the Institute for Forest and Game management and the nature NGOs. Consultation with main stakeholder groups and other administrations was also organised.

The revision of the existing pSCIs and addition of new pSCIs was done on the basis of additional criteria for the types of habitats (area, scarcity, representativeness, etc) and species (status of protection (red lists), representativeness, and isolation). The new proposal also took into account the presence of actual habitats as well as potential habitats with respect to buffer zones and landscapes elements. On the basis of an exhaustive list of sites, consultations were held with other divisions under the Department Environment & Infrastructure, Division Natural Resources in the Economy Department, Tourism Department, stakeholder groups, as well as in inter-ministerial sessions.

WR: A first scientific step was to include provisional sites, delimitated on the basis of existing data, validation on the field, and final scientific delimitation. A second administrative step brought together actors to underline potential conservation problems. The last step was the final decision taken by political authorities.

Fed: The site was proposed in 1996 to the Commission by the MUMM (Management Unit of the North Sea Mathematical Model) considering the available scientific information and some practical considerations.

1.2 Conservation measures (Article 6 )

1.2.1 Management measures (objectives, management plans)(Article 6(1))

There are management measures for sites in some regions. In most cases, if the site already had another protection status, it also has a management plan. Management plans are to be developed for all other sites being proposed.

BR: Management plans have been developed for most of the proposed sites. They have been made taking the habitats of species into account, and with a view to maintaining the biological value of the sites. Five management plans have been or are still being developed and three more are to be done.

FR: A Nature Objective Plan is being developed for all Natura 2000 sites. These plans are site or complex specific and take into account the type of function of a site. A Nature Objective Plan includes a description of the site, a vision (objectives) and conservation and protection measures to be taken to achieve this vision. Incentive measures can be taken to encourage private owners to have management plans, such as for private forests, or to implement agri-environment measures.

Management plans already exist for sites covered by another protection status, such as recognised Nature and Forests Reserves. These existing plans will be screened against the ecological requirements of the habitats and the species for which pSCIs have been proposed. Management plans are also being developed for sites that are in a military area. Several pSCIs are covered by a Nature Development Project or Land Development Project. In that case management actions and monitoring schemes are included in the project document. Those projects include measures on the development and restoration of habitats and living areas of species.

Nature Objective Plans are being developed for 9 sites in a pilot project. The experience gathered will be used to develop a format and the procedure for the development of other Nature Objective Plans.

WR: In order to reach the objectives set for the Natura 2000 sites, there are four possibilities described in article 26 1 of the nature conservation law as modified by the decree of December the 6th 2001 concerning the Natura 2000 sites and wild fauna and flora:

* Active management contract

* Management plan revision

* Give the site a status such as Natural or Forest Reserve

* Management measures to be taken by public authorities

Research programmes are being developed to determine the most accurate management measures.

Fed : The Belgian management of the sea has its basis in the United Nations Law of the Sea (UNCLOS), the commitments made in the International Conferences of the North Sea (NSC) and the regulations agreed in the Oslo and Paris Conventions (OSPAR). As a member of the European Community, Belgium also executes its Directives. Other Treaties concerning nature conservation ratified by Belgium and relevant for the marine environment are ASCOBANS (Agreement on the Conservation of Small Cetaceans of North and Baltic Seas) and the Ramsar Convention.

The responsibility for ensuring an integrated planning and implementation of the (inter-) national policy concerning the North Sea is shared by the federal and regional governments. The Comité directeur Mer du Nord-Noordzee co-ordinates this work. The sub-commission North Sea under the inter-ministerial economic commission (IEC) and the co-operation agreement for the Dredging management are also co-ordination structures.

'Management' essentially involves monitoring and prevention measures, which are not site specific. The procedure for permit/authorisation applications is set out in the Royal Decree of 21 December 2001 on the protection of species and the Royal Decree of 20 December 2000 establishing the procedures for granting permits and authorisations for some activities in the marine environment under the jurisdiction of Belgium.

Fishing is highly controlled in particular in order to prevent the bycatch of sea mammals and birds.

1.2.2 Protection of sites (eg avoiding deterioration, assessment) (Article 6(2))

The legal basis to protect sites is different from one region to another.

BR : The Decision of 26 October 2000 of the Brussels government concerning the conservation of natural habitats, wild fauna and flora is a key measure transposing the Habitats Directive.

FR : The decree of 21 October 1997 concerning conservation of nature and of the natural environment (commonly named the Nature Decree) includes provisions on the conservation, development, management and restoration of nature. Other provisions for the protection of pSCIs and SPAs also exist. A nature licencing scheme is in place to control changes in vegetation or water use on sites. Planning permission for projects in or near pSCIs and SPAs has to be accompanied by advice from the Nature Division. Nutrient inputs are regulated. Note that a revision of the Nature Decree is currently also awaiting approval so as to make the transposition of the Habitats Directive more coherent and transparent.

A steering group, on which different administrations are represented, is to evaluate the impact of any new development or infrastructure projects on pSCIs. pSCIs benefit from full protection as if they were already designated as SACs. The Environment & Infrastructure Department (LIN) ensures correct application of Article 6 of the Habitats Directive. A procedural note has been developed to give more detailed guidance on the steps to be followed in compliance with Article 6, to be implemented by all LIN administrations for their own projects and plans. In undertaking an EIA, special attention is given to the ecological conditions and requirements of habitats and species for which the sites were selected, and compensation measures are identified in cases in line with Article 6.

WR : No special management, protection or restoration measures have been taken for Natura 2000 sites. Sites will only be protected once they have been officially designated by the Walloon government. (Article 26 1 law on nature conservation, as modified by the Decree of 6 December 2001 concerning the conservation of Natura 2000 sites and wild fauna and flora.) Until then, the Nature and Forests Division is to evaluate potential impacts of new activities on or near a Natura 2000 site. In this regard, see the judgment from the Council of State (n°94527 'Tenneville') of 4 April 2001.

Fed : The law of 20 January 1999 concerning the Protection of the Marine Environment under the jurisdiction of Belgium (MB 12/03/1999) (MMM law) transposes the Habitats Directive. Another Law of 22 April 1999 concerning the exclusive economical zone of Belgium in the North Sea (MB 10/07/1999) (EEZ-law) is also relevant. There are several legal instruments implementing the MMM law: the "Arrêté Royal" of 20 December 2000 establishing rules on environmental impact assessment; the "Arrêté Royal" of 20 December 2000 establishing procedures for granting permits and authorisations for some activities in the marine environment; the "Arrêté Royal" of 21 December 2001 concerning the protection of species in the marine environment; and the "Arrêté Royal" of 12 March 2000 concerning procedures for dumping certain substances and materials in the North Sea.

1.2.3 Effect of Article 6 conservation measures on Favourable Conservation Status (FCS)

Conservation measures have only been introduced in Flanders. The status of habitats and species in the region was described in the 1999 Nature Report of Flanders. On the basis of the notes developed for each listed habitat and species occurring in Flanders, a site specific FCS is being developed. This FCS will be reflected in the Nature Objective Plans. General targets for habitats and species are described in existing management plans, but site-specific targets will be identified in Nature Objective Plans. Monitoring is included to assess the status of species, as well as for measuring effectiveness of management measures. A first overall assessment for SPAs was provided in the Nature Report 1999. However, apart from areas included in existing reserves or other public areas managed by the government, there is as yet no data for pSCIs.

1.3 Finance (Article 8)

1.3.1 Cost estimates

It is difficult to estimate the costs for pSCIs since many costs are covered in the general nature management budget of the Nature Division.

The Flanders region carried out a study, on request of the Nature Division, to compare cost estimates provided by other Member States or research projects, and to propose ways of estimating costs for pSCIs. The proposed approach takes account of different habitat types, as well as types of management actions. Thus, EUR 35 to 60 per hectare are needed to develop action plans, EUR 4,300 per hectare for restoration plans, and EUR 25 to 200 per hectare for implementing management plans. Costs were also estimated for monitoring, reporting, awareness raising initiatives, etc.

For the Walloon Region, management costs have been estimated, based on the development of management plans for existing nature reserves.

1.3.2 National/EU sources of funding

Several LIFE-Nature projects have been executed in Belgium, and some regions also fund Natura 2000 sites.

In the Walloon Region, EUR 14,957,870.5 has been allocated to Natura 2000 in 2001 and 2002 (of which, EUR 10 million was for 2002). This amount is to be progressively increased in order to cover costs of developing management plans, their implementation, site acquisition, payments to private owners, etc. (Note that the Walloon region has already suppressed some taxes to compensate for restrictions placed on private landowners as a result of designations.) No specific budget was assigned to Natura 2000 before 2001.

1.4 Surveillance (Article 11)

There are surveillance tools in all regions, especially indicators. The following are some of the survey programmes that exist.

BR : A study is being undertaken on a group of bio-indicators covering the whole region, as well as some specific urban species and threats. There is no specific surveillance of Annex I habitats or Annex II species, as this has not been budgeted for. A LIFE project on the study of bats is being developed (especially species from Annexes II and IV).

FR : A survey covering all Natura 2000 sites is planned, although the list of species subject to monitoring is often not specific enough. Three pilot projects are currently being developed to establish specific monitoring network systems. Results are being compiled and reported in the two-year nature report (NARA) or in specific species studies or species protection plans, such as plans for bat species.

WR : There are no surveillance arrangements for habitats or species, but wider surveillance tools do exist (ie indicators and the OFFH (Observatoire Faune Flore Habitats)). The OFFH surveys bio-indicators such as butterflies, dragonflies, ladybird, reptiles, bats, and orchids. Results from OFFH survey studies are published on the OFFH website.

Under the nature conservation law, as modified by the Decree of 6 December 2001 concerning the Natura 2000 sites and the wild fauna and flora, the government is to establish methods for collecting and analysing biological data on Walloon populations of wild flora and fauna species and relevant natural habitats. This is to result in a survey of their conservation status.

Fed : The Federal Government makes an oceanographic vessel (A962 BELGICA) available for research projects led by universities and scientific institutes. Some Belgian research projects are aimed at evaluating the health of some part of the ecosystem, in relation to certain human activities. Indicators are being identified and may in due course include seabirds, marine mammals and benthic species.

2 Protection of species (Article 12-16)

2.1 Strict system of protection (Article 12, 13)

Each region has legal provisions concerning protection for species from Annex II and IV, as follows.

BR : All animal species from Annex II and IV present in the Brussels Region are protected by an order of 29 August 1991 concerning the conservation of wild fauna and flora and hunting. This provides total protection for all vertebrates (except fish). Plants from Annex II and IV do not occur in the Brussels Region.

FR : All animals and plants from Annex II present on the Flemish territory are protected by the Royal bill of the 22 September 1980. Additions have been made to this bill, covering the beaver (Castor fiber) and the lynx (Lynx lynx). Species protection action plans for several species (groups) from Annex IV have been or are being developed (especially for bats, the hamster Cricetus cricetus, the triton Triturus cristatus, the toad Alytes obstetricans and the frog Hyla arborea). There are also action plans for three species included in Annex II alone (Cobitis taenia, Cottus gobio, Lampetra planeri).

WR : The nature conservation law, as modified by the decree of 6 December 2001 concerning Natura 2000 sites and wild fauna and flora, envisages a strict protection of all Annex IV species. All species included in Annex IV(a) of the Habitats Directive are covered. 58 animals species and 8 plant species are considered to be present on the Walloon territory.

Fed: The Royal Decree of 21 December 2001 on the protection of species in the marine environment includes all relevant Annex IV species.

There is no comprehensive system in place to monitor the incidental capture and killing of species in the Brussels and Flemish Regions. In the latter, however, there is a network for reporting on some types of incidental killing. There are also measures in place to prevent incidental killing for several species (wind tunnels, mirrors, viaducts, fish ladders). Systems are also in place to ensure new activities do not impact on species, in follow-up of Article 16.

In the Walloon Region, the nature conservation law, as modified by the decree of 6 December 2001 concerning Natura 2000 sites and wild fauna and flora, requires incidental capture and killing of specimens of strictly protected species to be declared to a designated administration. The government then has to check that this has no negative impact on the species, and if necessary, take appropriate measures to limit these impacts.

At the Federal level, all incidental capture or killing of relevant Annex IV have to be notified. Fishermen are also asked to land any marine mammal bycatch to facilitate scientific study.

2.2 Takings and derogations (Article 14, 15, 16)

In the Flemish Region, no specific measures exist concerning taking in the wild of Annex V species. All species are protected by law, although there are no specific measures to prevent indiscriminate means. In the Brussels Region, the use of indiscriminate means is prevented in relation to Annex IV and V species via the decision of 26 October 2000 of the Brussels government concerning the conservation of natural habitats, wild flora and fauna. At the Federal level, the Royal Decree on species protection covers indiscriminate means in relation to all relevant species from Annexes IV and V.

Up to now, no derogations have been requested or permitted under the Directive in the Brussels Region or the North Sea. In the Flemish Region, derogations can be granted for scientific, educational or general interest reasons. A decision of the Flemish government is usually needed, but in practice the director of the Nature Department takes the decision. In the Walloon Region, only a small number of derogations have been granted and then only for educational or scientific purposes.

3 Other issues

3.1 Research (Article 18)

The following provides an overview of research programmes relating to the Habitats Directive.

BR : There is no Habitats Directive-specific programme but there are related programmes. One research programme concerns the mapping of plant species present in the 'Forêt de Soignes', with data to be used for developing the SAC management plan. Another programme is being undertaken in cooperation with the Flemish and Walloon Regions in order to develop a common management plan for the whole 'Forêt de Soignes'. Within the framework of a LIFE project, there is also a monitoring programme for bats, and the management of their distribution areas. Finally, there are plans for a project to link the green network of the Brussels Region to the VEN, which is the Flemish Region's ecological network.

FR : A pilot project to develop Nature Objective Plans for the management and conservation of Natura 2000 sites is running in 9 sites. The aim is to develop different management scenarios to increase experience of possible measures, as well as any problems that could occur as a result of their implementation. Survey programmes, detailed inventories and monitoring projects are carried out in various sites.

There are also several transboundary projects relating to pSCIs and SPAs. In particular, research and management planning programmes are being developed in cooperation with France and the Netherlands.

WR : One research project seeks to ensure the boundary of a pSCI is appropriate. There are also survey programmes and inventories of biodiversity in Wallonia. Other research projects include a study of four species threatened with extinction.

Fed : One of the Federal research projects - Habitat - has involved part of the Natura 2000 site. The aim is to develop a programme that follows the development of the benthic habitat in order to provide the data, strategies and methods needed to manage the area. It should also provide the scientific basis for evaluating the application of the management plan.

3.2 Introduction and reintroduction (Article 22(a) and 22(b))

The beaver (Castor fiber) has been illegally reintroduced in Wallonia. All introduction or reintroductions are now forbidden in the Walloon Region (Royal Decree of 4 December 2001). No reintroductions are known to have occurred in the other Regions although the reintroduction of Acipenser sturio and Coregonus oxyrhynchus is being considered by the Federal government. A restoration of their habitats in rivers would be needed for the reintroduction to succeed.

On the other hand, many introductions of non-indigenous species have occurred. Here are some examples and associated problems:

* Rana ridibunda, Rana perezi - supplanting the indigenous common green frog;

* Rana catesbeiana - a competitor for indigenous fauna;

* Trachemys scripta - responsible of many problems in ponds;

* Alopochen aegyptiacus - beginning to put pressure on indigenous water-bird populations;

* Psittacula krameri - with exponentially growing populations that have led to noise problems;

* Ondatra zibethicus - damaging banks;

* Crassostrea gigas, Ensis directus, Petricola pholadiformess, Crepidula fornicata (mollusc) and Elminius modestus; and

* Prunus serotia, Fallopia japonica and Heracleum mantegazzium.

In the Flemish Region, there is specific action plan on exotic species (in the framework of the Mina-plan II). This aims to define 'gradual exotic species', problems and possible solutions, elaborate steps to be followed when considering (re)-introductions, develop case studies with suggested solutions, and outline legal issues.

3.3 Awareness raising (Article 22(c))

There have been some information and awareness raising initiatives in each of the Regions, as follows.

BR : The IBGE is funding a WWF project to develop a Habitats Directive awareness raising campaign for the Brussels Region.

FR : The Nature department has organized information sessions for other departments responsible for larger infrastructure developments, including the Antwerp harbour company, the highways departments, and the railway department. There is also a lot of information available on the website of the Nature Division and in the 1999 Nature Report. A CD-ROM and a GIS-based website are being developed.

For the 10th anniversary of the Habitats Directive, the Nature Division in cooperation with two nature NGOs (WWF and Natuurpunt), has set up an awareness-raising project. The project involves producing a brochure and a poster on pSCIs and organising provincial information days.

Information is also being provided on exotic invasive species, with a folder published by the Nature department.

WR : A Natura 2000 information campaign is currently being developed, involving TV, radio spots, a CD-ROM, exhibitions, etc. A leaflet will be sent to local authorities and information sessions are being held for administrations, forest and agricultural unions, etc.

Fed : The LIFE-Nature project 'Integral Coastal Conservation Initiative' includes an element on public information. There is also a website on marine ecosystems where the Habitats Directive and the pSCI are described. Information panels have also been installed on the sea walls along several coastal cities. These provide information on the fauna and flora of the sea, as well as relevant laws to protect the Natura 2000 site.

3.4 Managing landscape features (Article 10)

The main ecological network activity involves the Brussels Region where the green and blue networks are brought together in a programme that was launched several years ago. The green network is based on two principles: an adequate distribution of green spaces to be established in urban areas; and there must be links between green spaces. All this has to be done taking into account the city character of Brussels, the needs of the population and the specific urban ecological aspects.

The blue network is tightly linked to the green one. It has several goals:

* underlining the importance of open water areas;

* guaranteeing the quality of surface water; and

* integrating recreational and landscape aspects of rivers and ponds.

FR: The Flemish ecological network VEN plus the interweaving network IVON will cover most of the Natura 2000 network and add inter-connecting zones such as small landscape elements. Both networks are related with specific measures that support proper management of Natura 2000. The decree on hunting and the EIA legislation are also measures that have impacts on Natura 2000.

WR: PCDN (Cities development plans for nature) are useful to enhance Natura 2000, as do 'Parcs Naturels' and River's Contracts.

3.5 Human resources and technical resources

FR : More people have been involved in the implementation of the Directive since the MINA-plan 2. There are also new initiatives to support fieldwork. The development and implementation of the Flemish ecological network, VEN and IVON, will also allow for new initiatives and cooperation. A database on Natura 2000 in Flanders, an interdepartmental working group on Article 6 and follow up procedures, and a Natura 2000 commission are all being set up.

WR : Human resources are totally insufficient, and the administration is under-staffed and under-resourced. A special information and communication center is being developed, however. Specific training on Natura 2000 has also been given to officials of the Nature and Forests Division.

Fed : The LIFE project (Integral Coastal Conservation Initiative) has made more people available to support implementation of the Directive.

Summary of National Report: Denmark

1 Natura 2000: conservation of natural habitats and habitats of species

1.1 Proposed Sites of Community Importance (pSCIs)

1.1.1 Inventories

The Danish list of pSCIs was sent to the Commission in 1998 and was based on existing knowledge about the occurrence and distribution of the habitat types and species of the Directive.

At the end of 2000, Denmark had 194 proposed SCIs hosting 60 habitat types from Annex I and 44 species from Annex II. The number of sites increased to 253 in 2002.

1.1.2 Process of proposing sites

The Danish Forest and Nature Agency was responsible for preparing the site proposal. A public consultation on this proposal was then carried out with representatives of scientific institutions, environmental groups, local and regional authorities and individual specialists. After the Commission's evaluation of Denmark's proposals, it became evident that a greater scientific understanding was needed on the species and habitats. As a result the Forest and Nature Agency held a series of seminars and arranged for additional mapping of natural habitat types and species. Additional information was also obtained about areas outside those already designated.

In relation to the designation of pSCIs, a climate of mistrust has evolved between landowners and authorities. The proposed list led to many protests about the sites and the evaluation of these objections was one of the main causes of the delay in the designation process. The main reason for the objections is the intensive use of land in Denmark, putting pressure on areas included in the Directive's list of habitat types and species. Another reason is the nature and environmental protection agenda, with pSCIs regarded by landowners as yet another restriction on land use.

1.2 Conservation measures (Article 6)

1.2.1 Protection of sites (eg avoiding deterioration, assessment)(Article 6(2)

Local and regional authorities take decisions on most matters relating to Natura 2000 and associated land use. In 1998, an Order was introduced laying down guidelines for local and regional authorities on the implementation of legislation linked to Natura 2000. For sea areas, powers are vested in the Danish government.

Articles 6(3) and 6(4) of the Directive have been implemented by 4 and 6 of Order No. 782 on the Demarcation and Administration of International Nature Conservation Areas. The Order states that all proposals for plans covered by Danish planning legislation must include an assessment of the consequences the proposed plan will have for species and habitat types in Natura 2000 areas. If the consequences are assessed as negative in relation to species or habitats the plan cannot be realised. Similarly, all authorisations etc. granted for most land use activities must include a statement, based on an appropriate assessment, that they do not deteriorate or disturb Natura 2000 sites.

1.2.2 Management measures (objectives, management plans)(Article 6(1))

Danish legislation provides the basis for implementing management measures in Natura 2000 areas. It is possible to conclude agreements on future use, carry out nature restoration projects and conservation measures, and create game reserves in Natura 2000 areas with provisions concerning future use. These can cover the species or natural habitats for whose protection the sites have been designated.

Many nature conservation and restoration projects took place in Natura 2000 areas between 1994-2000. However, there is not yet a national framework for developing management measures.

To evaluate the conservation status of species and habitat types, the Danish authorities are planning to introduce a system of conservation objectives and management plans for Natura 2000 sites that would lead to a more systematic conservation approach. The aim is to achieve a favourable conservation status for the habitat types and species.

1.2.3 Effect of Article 6 Conservation Measures on Favourable Conservation Status (FCS)

The Danish authorities asked the Danish Environmental Research Institute to establish the basis for conservation targets for Natura 2000 areas. Their report - 'Habitats and Species Covered by the EEC Habitats Directive' - attempts to define ecological and biological features, which specifically characterise a favourable conservation status. The scale of conservation status (favourable, uncertain, unfavourable, unknown and disappeared) is defined on a local and national level. [3]

[3] This report is available on the Danish Environmental Research Institute's website (http://www.dmu.dk/1_viden/2_Publikationer/ 3_fagrapporter/rapporter/FR365_del%201.pdf).

1.3 Finance (Article 8)

1.3.1 Cost estimates

No cost estimates for meeting the obligations for Natura 2000 sites were included in the national report. An analysis of costs was to be carried out once guidelines had been laid down for the specific conservation targets.

Between 1994-2000 a total of EUR6 million was paid to landowners as one-off reimbursements for losses deemed to have occurred as a result of conservation measures. Over the next few years much larger amounts are expected to be paid as compensation.

1.3.2 National/EU sources of funding

During 1994-2000 an average annual funding of EUR18.8 million has been made available of which about 40% has been going towards genuine nature conservation. In 2001, the budget was around EUR24.2 million. Funds for nature conservation largely concern projects in Natura 2000 areas. In addition around EUR27 million were spent during the year 2000 in the counties and state forest areas on environmentally friendly land use. Many of these areas were Natura 2000 sites.

There are also a number of grant schemes that may be important for Natura 2000 sites, such as grants to establish water meadows to reduce nitrogen leaching.

A total of EUR4,359,293 LIFE-Nature funding was awarded to seven projects in Denmark between 1992 and 1999. Other EU funding has been received by Denmark for agri-environment programmes in Natura 2000 areas.

1.4 Surveillance (Article 11)

Future surveillance of species and habitat types will be defined so that it can show the evolution of their conservation status. The Danish National Environmental Research Institute has drafted a surveillance programme in the context of the earlier mentioned work on conservation objectives. The report (Habitats and Species Covered by the EEC Habitats Directive) focuses on a total of 13 natural habitat types listed in Annex I, and 79 species listed in Annexes II, IV and V. For the majority of species the report is based on historical and recent data gathered from scattered information sources.

For the 13 priority natural habitat types, the assessment of the conservation status was almost exclusively based on mapping implemented by the Danish county authorities. The conservation status for these habitat types was as follows: 2 favourable, 3 unfavourable, 6 uncertain and 2 unknown.

The overall conservation status of the 45 species listed in Annex II was as follows: 4 favourable, 10 uncertain, 13 unfavourable, 10 unknown and 8 disappeared. The conservation status for the 49 species listed in Annex IV was: 11 favourable, 15 uncertain, 10 unfavourable, 6 unknown and 7 disappeared. 12 of the Annex V species were assessed and the overall conservation status of these was: 6 uncertain, 3 unfavourable and 3 unknown.

2 Protection of species

2.1 Strict system of protection (Article 12, 13)

In Denmark, the protection of species has been implemented or is being implemented through a number of provisions pursuant to the Nature Protection Act. Under Danish law, a large number of habitat types are protected from any changes to their condition. The provisions of Articles 12(1)(d) of the Directive have recently been specified in new Orders (Ministry of the Environment Orders 624, 636 and 637) under which no permits may be granted that may lead to the destruction or damage to breeding or resting grounds/habitats of strictly protected species.

Strictly protected species in forest sites are protected through the provisions of the Forest Act. Guidelines issued to State Forest Districts indicate that it is not possible to grant derogations from these provisions in cases where breeding or resting grounds for Annex IV species may be damaged or destroyed.

The provisions of Article 12(1)(a)-(c) already relate to most species and have been implemented in the Order on the Conservation of Species adopted in pursuance of the Nature Protection Act. Amendments will be made to this Order to ensure that the protection of all Annex IV species is transposed into Danish law. In the case of mammals this will require amendments to Orders adopted on the basis of the Management of Wild Animals Act.

Specific administrative plans have been compiled for otters (Lutra lutra), dormice (Muscardius avellanariu), marsh fritillary (Euphydryas aurinia) and the yellow marsh saxifrage (Saxifraga hirculus). An administrative plan for houting (Coregonus oxyrhyncus) is under preparation. These plans are not legally binding but contain a number of recommendations for action to be taken that is conducive to their conservation status.

There are no systematic control systems in place that would monitor the number of Annex IV species killed accidentally. However, the Danish authorities have drawn up an action plan to reduce the incidental capture of harbour porpoises (Phocaena phocaena).

2.2 Takings and derogations (Article 14, 15, 16)

The legal taking of Annex V is limited to the pine marten (Martes martes) and seals, and some bird species. No hunting season has been laid down for Annex V mammals. Medicinal leeches (Hirudo medicinalis) and edible snails (Helix pomatia) must not be exploited commercially.

There are rules in place for the following Annex V fish species: lavaret (Coregonus sp.) grayling (Thymallus thymallus) and crayfish (Astacus astacus). The Minister for Food, Agriculture and Fishery can specify rules on fishing seasons, minimum sizes and fishing bans for all types of fish.

3 Other Issues

3.1 Research (Article 18)

There are no special research programmes primarily focusing on the matters covered by the Habitats Directive apart from the already mentioned FCS project by the Danish Environmental Research Institute.

3.2 Introduction and reintroduction (Article 22(a) and 22(b))

In a pilot project in 1999 the Forest and Nature Agency reintroduced the European beaver (Castor fiber) in North West Jutland. Their reintroduction has not led to any specific problems. However, a case is currently before the Danish courts concerning the extent to which the release of beavers is consistent with the provisions of the Habitats Directive and other instruments.

3.3 Awareness raising (Article 22 (c))

Natura 2000 is increasingly being incorporated within higher education in Denmark. Furthermore, the Forest and Nature Agency organises annual theme days in collaboration with county officials.

Denmark has set up a Danish nature guides scheme with about 250 nature guides organising more than 20,000 events, which to a large extent take place in Natura 2000 areas. Much of their work is about presenting nature face-to-face or for organised groups.

Additionally the Forest and Nature Agency has produced information about Natura 2000 and launched a website on the importance of Natura 2000 for authorities and landowners as well as information on each individual Natura 2000 site.

3.4 Management of landscape features (Article 10)

In a statement in 2000 the Government encouraged the linking of ecological areas in open country, in particular Natura 2000 areas. Accordingly, most county councils have already planned such ecological corridors.

3.5 Human resources

The report roughly estimates that within the Forest and Nature Agency 10-15 man-years have been devoted to activities more or less directly involving the implementation of the Habitats Directive and the Birds Directive.

Summary of National Report: Finland

1 Natura 2000: conservation of natural habitats and species

1.1 Proposed Sites of Community Importance (pSCIs) (Article 4(1) and 4(2))

1.1.1 Inventories

The national pSCI list was developed by examining national protection programmes, as well as the inventories on which these programmes were based. The inventories come from several sources, such as the Ministry of the Environment, Regional Environment Centres, the Forest and Park Service, the Finnish Forest Research Institute, universities, museums and municipalities. In addition the UHEX database was used, containing information about endangered plants and species recorded since the beginning of the19th century.

1.1.2 Process of proposing sites

In November 1994 a working group was nominated to prepare Finland's proposal for a Natura 2000 network, including both pSCIs and SPAs. The working group appointed by the Ministry of the Environment consisted of representatives from different administrative units, universities, research institutes and organisations.

The Regional Environment Centres were responsible for preparing the proposals on a regional level, with the Forest and Park Service and the Finnish Forest Research Institute collecting information from protected areas owned by the state. The regional proposals of 1,600 sites were submitted to the Ministry of the Environment in 1996. The proposals covered sites selected according to both the Habitats Directive and the Birds Directive. The majority of the areas were already part of national programmes. Based on this background work, the Ministry of the Environment produced a national list of proposed Natura 2000 sites in co-operation with the Finnish Environment Institute and Regional Environment Centres. The list included 1,482 sites and totalling an area in excess of 5 million hectares.

The list was submitted to public consultation in 1997 and produced a massive 13,480 responses (mostly complaints by landowners). Based on these comments, five new areas were included on the list and 42 were excluded. Seven areas were expanded and 748 were cut in size reducing the total area by 7.5%. 6,000 people commented on the revised list. Finally the Government approved the proposed list of 1,457 sites in August 1998. After this it was still possible to seek changes to the pSCIs by appealing to the Supreme Administrative Court. During September and October 1998, 1,600 appeals covering 700 sites were submitted, of which most were unsuccessful.

The final proposed list of SCIs was sent to the Commission in 1998 and supplemented by the Government in 1999. Put together, the lists contained 1,458 sites (4.77 million ha), of which 1,325 were pSCIs.

In 1999 the Commission requested Finland to supplement the Natura 2000 network as it was inadequate. In May 2002 the Government proposed an additional 289 new sites or additions to existing sites. At present, the Finnish list includes 1,671 proposed sites.

1.2 Conservation Measures (Article 6)

1.2.1 Protection of sites (eg avoiding deterioration, assessment) (Art, 6(2))

To avoid deterioration of habitats and disturbance of species, the report refers to the assessment requirements for Natura 2000 sites incorporated into the Nature Conservation Act. These assessment requirements are those of Article 6(3) of the Habitats Directive and apply to pSCIs. There are no other legal instruments specifically to prevent the deterioration of pSCIs.

1.2.2 Management measures (objectives, management plans)(Article 6(1))

About 30 % of Finland's Natura 2000 network proposals are nature reserves covered by the Nature Conservation Act. The natural habitat types and species of these nature reserves are secured within their statutory protection orders. Additionally, some 30% of Finland's Natura 2000 network proposals are part of national protection programmes or other protection plans. By 2007 a majority of these areas will become nature reserves as defined by the Nature Conservation Act. A further 30 % of the Natura 2000 network is within the twelve wilderness areas established according to the Wilderness Act (62/1991). These areas are required to have management plans.

There is no national framework for developing management plans apart from those covered by 25 LIFE-Nature projects within the Natura 2000 network. For twenty of the projects a specific management plan is to be developed with the projects divided into three groups: general plans, forestry plans and other management plans.

1.2.3 Effect of Article 6 Conservation Measures on Favourable Conservation Status (FCS)

In the national report FCS is not mentioned in this connection (see section 1.4 Surveillance). There is consequently no indication of the effect measures have had on FCS.

1.3 Finance (Article 8)

1.3.1 Cost estimates

Finland provided a cost estimate to the Commission in December 1998. In this memorandum, Finland promised to provide more accurate estimates by 1999, especially for action to protect priority species and habitats. Although some adjustments to the estimates have been made no new summary of the costs has been produced. Now Finland intends to provide it together with the list of additional pSCIs. It is also awaiting guidelines from the Commission on how to conduct cost estimates. The greatest costs arise from protection, creation of nature reserves and compensation to be paid to the landowner.

1.3.2 National/EU sources of funding

Nature protection, including Natura 2000, is funded from the state budget. In the 2002 budget the appropriation for buying land from landowners was EUR 13.4 million. In addition EUR 10.1 million was allocated to the Forestry Institute to buy land of which around 80 % is used for the Natura 2000 network. During 1996-2000 the State acquired 124,000 ha of land for nature protection at a total of EUR 194 million.

The budget for compensating landowners due to restrictions on land-use is EUR 15.4 million in the 2002 budget, of which about 70 % is intended for Natura 2000. Additionally EUR 15.4 million were allocated for site management and guidance. For the protection of 21,701 ha of land a total of EUR 40.5 has been paid as compensation during 1996-2000.

Where EU funding is involved it is mainly from LIFE. During 1995-2000, 30 projects received a total of EUR 23.5 million. During the same period, EUR1 million of Structural Funds were used for projects within the Natura 2000 network. Funding based on agri-environmental measures has been marginal.

1.4 Surveillance (Article 11)

The Finnish Environment Institute started development of the surveillance of habitats in 1998 and of species in 2000. Although surveillance information existed for many of the species, surveillance had not previously been completely systematic. In the future the surveillance of habitats and species is likely to become part of national biodiversity surveillance.

The Finnish Environment Institute has planned a proposal for a surveillance system for Finland. Surveillance is divided into two levels:

* actual surveillance of habitats and species; and

* inventories and observations of habitat types and species in connection with other activities.

Actual surveillance means monitoring that is implemented with prior planned and clearly described methods, so that it produces nation-wide comparable data. This kind of intensive monitoring can be implemented only on a sample of occurrences of the most important habitats and species. Actual surveillance requires special monitoring programmes for those habitats and species.

The collection of inventory data for habitats and species in connection with 'other activities', such as land use planning, aims to provide data that is additional to actual surveillance. In some cases this data could replace the actual surveillance of habitats and species when there is no indication of threats or changes that would require a more specific surveillance. Data availability and format are important in order to allow use of such scattered information.

Finland does not support a uniform EU surveillance method because of the diversity in nature and human impact among the Member States. Similarly the surveillance interval ought to be adapted to individual habitats and species and should not necessarily be restricted to the six-year reporting cycle under Article 17 of the Directive.

Surveillance should not focus on individual Natura 2000 sites but on the situation in Finland as a whole. FCS is unsuitable for Finland if it leads to the surveillance of each habitat type or species for each Natura 2000 site. The argument is based on the effective use of resources for surveillance and on the large number of Natura 2000 sites in Finland.

Finland has 69 Annex I habitat types. It is estimated that the required data for these will be collected by 2001-2002. This information is to be used in order to prioritise the surveillance needs and to assess the FCS of each habitat type.

The Finnish Environment Institute is also preparing a species-specific surveillance programme. The surveillance for species according to Annexes II and IV are listed in the report. The most comprehensive surveillance is for mammals (excluding bats). The only fish species that is comprehensively surveyed is the salmon.

Surveillance results for species have been published in several scientific publications.

2 Protection of species

2.1 Strict system of protection (Article 12, 13)

The Nature Conservation Act that came into force in March 1997 was planned with the requirements of the Directive in mind. The protection of species is covered by Chapter 6 and is implemented for all animal and plant species that are natural to Finland, apart from game animals listed in Section 5 of the Hunting Act.

The Nature Conservation Act (42 ) protects plants if they become endangered. Species that do not belong to mammals or birds but are covered by the Nature Conservation Act are listed in Annex II of the Nature Conservation Decree (169/1997). Protected plants are listed in Annex III. The law for protecting whales protects all whales within Finnish territory as well as the sale of whale products. Endangered species together with protected species are listed in Annex IV of the Nature Conservation Decree. Section 47 prohibits the destruction or deterioration of habitats of endangered species. The protection of habitats comes into force when the Regional Environment Centre has determined the boundaries of the species to be protected and informed the landowner about the decision.

In 1997 the Ministry of the Environment appointed a working group to re-evaluate the list of endangered species using IUCN criteria.

Wolf (apart from wolf within reindeer herding areas), bear, lynx and the otter are protected by the Hunting Act.

The Nature Conservation Act (49 ) defined the prohibition of the deterioration or destruction of breeding sites only if they were 'clearly noticeable'. Because of the problems related to flying squirrels (Pteromys Volans) the requirement of breeding sites to be 'clearly noticeable' is currently in the process of being removed from Section 49 of the Nature Conservation Act.

The report lists organisations responsible for the monitoring of incidental capture and killing. Responsibility is allocated according to the ownership of the land (landowners for private lands, personnel for nature reserves) as well as to specific authorities/organisations.

2.2 Takings and derogations (Article 14, 15, 16)

The only Annex V species protected by the Nature Conservation Act are the common frog (Rana temporaria) and the freshwater pearl mussel (Margaritifera margaritifera). Other Annex V species are covered by the Hunting Act.

According to 33 of the Hunting Act, the use of indiscriminate means is prohibited.

Derogations have been granted as follows:

for the protection of species and habitats - derogations rare;

to prevent substantial damage to animal husbandry and fishing -derogations have been granted for wolf, bear, lynx and otter;

for reasons of public health, general safety or other public interests - derogations have been granted for wolf and bear; and

selectively and based on careful monitoring, hunting permits are granted where the population is strong- these permits have covered only lynx and bear.

3 Other issues

3.1 Research (Article 18)

Recent years have seen a clear rise in funding for biodiversity research. An example of this is the FIBRE programme, which provides EUR 20 million over the next six years for projects related to biodiversity. All the major Finnish nature organisations are participating in this programme. One of the most important aims of FIBRE is to promote the practical application of biodiversity research. The BITUMI project was launched to enable the best use of the results from the FIBRE in terms of coordination of data and improved cooperation.

Another project of interest is the SAVA (1997-2002) project run by the Finnish Environment Institute concentrating on biodiversity and the protection of species in a changing forest environment.

3.2 Introduction and reintroduction (Article 22(a) and 22(b))

Introduction and reintroduction is only permitted if other methods are not possible or inadequate. Only a few transfers of rare species have been attempted. The Apollo butterfly (Parnassius apollo) was reintroduced during three years in the 1980s but for unknown reasons these attempts did not succeed. In 2000, the clouded Apollo butterfly (Parnassius mnemosyne) was reintroduced to two proposed Natura 2000 sites from which it had disappeared in the 1940s. In 2001 clouded Apollos could only be found in one of the sites and even there the population was so small that their survival is doubtful.

Reintroductions for Annex IV plants have been carried out for Agrimony (Agrimonia pilosa), Puccinellia (Puccinellia phryganodes) and Arctophila (Arctophila fulva). In addition some individual plant species have been transferred to gardens.

3.3 Awareness raising (Article 22(c))

Since 1996 the Ministry of the Environment has provided information on the development of the Natura 2000 network as well as the aims of the network and its impact on Finnish nature. This has been done with the help of publications, seminars and workshops, as well as a website managed by the Ministry of the Environment.

3.4 Human resources and technical resources

The number of people directly involved with the implementation, land purchases and compensation negotiations has grown to 50-60 persons during the reporting period. The Finnish Environment Institute has 10 persons involved in the implementation of Natura 2000 and the 13 regional Environment Centres employ 30 nature protection experts. The working group for the Article 17 implementation report included 25 persons.

About 60 people have been working on the management of nature reserves at the Finnish Forest Research Institute and 300 people work on protected areas in the Forest and Park Services. In the Ministry for Forestry and Agriculture 41 people are working on the implementation of the Directive.

Summary of National Report: France

1 Natura 2000: conservation of natural habitats and habitats of species

1.1 proposed Sites of Community Importance (pSCI) (Article 4(1) and 4(2))

1.1.1 Inventories

A scientific reference list of sites eligible to be proposed as SCIs was officially established in March 1996 by the National Natural History Museum (MNHN) on the basis of preliminary inventories compiled between 1992 and 1995 in each of the 22 regions of mainland France (including Corsica) by the Regional Scientific Councils for Natural Heritage (CSRPN) and following the opinion of the National Nature Conservation Council (CNPN). Some 2 100 potential sites were mapped and the CSRPN selected 1 623 sites potentially meeting the Directive's selection criteria.

In France, a further inventory is of importance: the Inventory of Natural Areas of Ecological, Fauna and Flora Interest (ZNIEFF). This programme, launched in 1982 by the Ministry of Environment, devised, managed and coordinated by the MNHN's Natural Heritage Department (SPN), contains the main data on characteristics and location of natural habitats. The inventory is updated on an on-going basis.

1.1.2 Processes of proposing sites

Decree no. 95-631 of 5 May 1995 laid down the procedure to be followed, leading to the submitting, by the Ministry of Environment, of the national list of sites eligible to be proposed as SCIs. The Decree formalised the procedure and specified the roles of the different bodies [4] in conducting the scientific inventory, assessing the sites and establishing the national list. This Decree was followed by a succession of Ministerial Circulars sent to Prefects implementing the provisions of the Decree.

[4] Natura 2000 Conferences (regional conferences for information and exchange), National Natural History Museum (MNHN), National Nature Conservation Council (CNPN), Regional Scientific Councils for Natural Heritage (CRSPN), etc.

The process of proposing sites can be divided into three phases:

* from 1992 - the scientific inventory phase during which, at regional level, Annex I natural habitats were identified and located, and Annex II species occurring therein identified and listed.

* from 1996 - establishing the site proposals and conducting the consultation phase to inform stakeholders of the objectives and consequences of setting up the Natura 2000 network in France.

* 1997-2000 - the site proposal phase whereby the proposed sites were submitted to the European Commission after inter-ministerial consultation.

At the end of 1997, the first lists of site proposals were submitted to the Commission (two submissions of a total of 535 sites). Two further lists were submitted in 1998, bringing the total to 652. At the end of 2000, following five further submissions between January and July 1999, a total of 1,029 pSCIs had been notified to the Commission, covering 2,672,000 ha of land area and 472,000 ha of marine area, ie a total of 3,144,000 ha (4.9% of the country's total area), added to which were 3,116 km of linear sites. The French list presently includes a total of 1,174 proposed sites.

1.2 Conservation measures (Article 6 )

1.2.1 Management measures (objectives, management plans)(Article 6(1))

France has opted for a contract-based approach, supplemented by regulatory measures under existing protection and management regimes. Under this approach, management plans, known as "documents of objectives" (documents d'objectifs or DOCOB) have been or are being developed at local level, ie setting out the management objectives for each site. The aim of the DOCOB is to provide a framework for coherent public and private conservation measures for the site, and the habitats and species warranting its proposed designation. DOCOBs are not statutory or regulatory documents, but basic working documents to guide those involved in managing and monitoring the sites (landowners, farmers, local elected representatives, forest managers, anglers/fishermen, hunters, NGOs, municipalities, etc.) in making decisions prior to the contract development stage.

The DOCOB is developed by a so-called technical operator (opérateur technique) appointed by the département Prefect, in consultation with the local stakeholders. For each site, Natura 2000 steering committees (comités de pilotage) are to be set up and chaired by département Prefects. These committees are consultative bodies bringing together all the local stakeholders involved (elected representatives, farmers, forest managers, NGOs, experts, other users, etc.). The committees take an active part in developing the DOCOBs and they are informed and consulted on the subsequent implementation of these instruments. DOCOBs are to be formally adopted by Order of the département Prefects.

On the basis of the DOCOBs, administrative contracts known as "Natura 2000 contracts" are concluded between landowners or site managers, and département Prefects. The contracts, to run for a minimum of five years, are to draw on the terms of reference for the management measures laid out in the DOCOB, stipulating site management commitments and the corresponding funding arrangements (financial support for the work undertaken and services rendered to the community resulting from compliance with the environmental commitments). The Natura 2000 contracts are formally established in Article L 414-3 of the Environment Code. For farmers, the Natura 2000 contract takes the form of agri-environment measures within or outside of "farmland management contracts" (CTEs).

The contents of DOCOBs are as follows:

* description and analysis of the site and existing regulatory protection measures (initial conservation status and location of the habitats and species for which the site was proposed, analysis of socio-economic activities, farming and forestry practices);

* sustainable development objectives for the site, designed to ensure conservation and/or restoration of the natural habitats and species;

* proposed contractual and regulatory measures to meet these objectives;

* the estimated cost of meeting the site objectives;

* possible funding arrangements;

* proposed terms of reference (cahier des charges) setting out the contract-based management measures for conservation purposes; and

* monitoring and assessment procedure.

A Circular was issued by the Ministry of Environment on 26 February 1999 requesting département Prefects to begin work on preparing the DOCOBs. Consultations were launched in 1999 by the Prefects for 300 DOCOBs. Article L 414-2 of the Environment Code provides a legal framework for the DOCOBs. Articles R 214-23 to R 214-27 of the Environment Code lays down the arrangements for developing and implementing the DOCOBs (inserted by Decree no. 2001-1216 of 20 December 2001 adopted under the Ordinance of 11 April 2001).

1.2.2 Protection of sites (eg avoiding deterioration, assessment) (Article 6(2))

In October 1997, a working group was set up by the National Monitoring and Consultation Committee (Comité national de suivi et de concertation - see below) to examine and define the concept of disturbance (perturbation) of Annex II species and to establish a list of activities likely to disturb species for which sites will be designated under the Habitats Directive. In 2000, similar work was conducted for bird species.

Article L 414-1-V lays down that "suitable preventive measures are also to be taken on Natura 2000 sites to avoid deterioration of these natural habitats and disturbances that may significantly affect these species. These measures are to take into account economic, social and cultural requirements as well as regional and local particularities, and are to be adapted to the specific threats on the natural habitats and species concerned..."

The measures are to be adopted under Natura 2000 contracts, or under existing systems of protection of natural areas, particularly national parks, nature reserves, biotope protection orders and listed sites (sites classés). These statutory, regulatory and contract-based systems in force lay down general protection requirements for natural areas. Thus, these requirements can be implemented on Natura 2000 sites, if the latter are situated in one or more of the specific categories of protected area concerned.

Legislation is in place concerning environmental impact assessments (EIAs), which are required for proposed schemes that may cause damage to the environment (Article L 122-1 of the Environment Code). These measures were supplemented, in order to transpose Article 6, paragraph 3 of the Habitats Directive, by Articles L 414-4 and 5 of the Environment Code and Articles R 214-34 to R 214-39 of the Rural Code. This regulatory item was adopted following the ECJ's ruling against France issued on 6 April 2000.

1.2.3 Effect of Article 6 conservation measures on Favourable Conservation Status (FCS)

The report does not mention any attempts to define Favourable Conservation Status (FCS) in relation to Natura 2000 or to evaluate current conservation status.

The report does not specify any targets being set for habitats or species. It also does not assess effectiveness of measures against these parameters.

1.3 Finance (Article 8)

1.3.1 Cost estimates

A pilot experiment - "Experiment to develop management plans on French sites of the future Natura 2000 network" - was operated between 1996 and 1998 under the EU LIFE-Nature programme. It involved 37 pilot sites covering around 500 000 ha which were considered to be the most representative of Annex I habitats and habitats in which Annex II species occur. This pilot experiment helped provide some indication of the cost of designating a site under the Directive.

France has opted for a semi-bottom-up approach, ie calculating foreseeable costs on the basis of a representative sample of sites where the DOCOBs are in the advanced stages of preparation, and subsequently to extrapolate these data for all proposed Natura 2000 sites submitted to the Commission. France has applied this method in two successive studies conducted by the Ministry of Environment:

* report by the working group on estimating Natura 2000 costs: "Methodology, identifying expenditure lines and referencing costs", November 1998.

* survey and processing data on the costs of managing Natura 2000 sites, "Finalising estimates of overall costs of managing Natura 2000 sites", July 2000.

These studies provide the first cost estimates.

Based on this work, costs estimated are as follows:

* for DOCOBs:

* 15 244 euros for drafting them,

* 15 244 euros per site per year for project launching and management,

* 7.62 euros/ha/year, ie on average 16 310 euros per site per year for scientific monitoring and research;

* for management under the contract-based measures (excluding agri-environment schemes): 30.50 euros/ha/year in forest habitats and 122 euros/ha/year in other habitats;

* for investment under contract-based measures: 152.4 euros/ha/year.

The overall costs of preparing DOCOBs and their implementation via Natura 2000 contracts is estimated at 150 million euros per year.

In addition to the two studies, cost estimations have also been based on a range of other sources (eg the LIFE-Nature programme on 37 pilot sites, the LIFE-Environment programme on estimating management costs of open natural habitats, etc.).

1.3.2 National/EU sources of funding

Sources of funding used specifically for Natura 2000 sites are as follows:

- At national level:

1. Funding provided under the Natural Area Management Fund (FGMN), established in 1999. This Ministry of Environment fund is dedicated to funding contract-based policies for managing and protecting natural areas. Approximately half of the fund's proceeds are earmarked for implementing the Natura 2000 network, particularly for preparing DOCOBs and funding Natura 2000 contracts for managers of sites not located on farmland.

Contributions by the 22 regions under the State-Region Planning Contracts (CPER) supplement funding provided by the State.

2. Funding provided under agri-environment schemes, co-financed at national level by the Ministry of Agriculture. Farmers wishing to implement measures on sites located on their farmland are entitled to financial aid through Natura 2000 contracts which take the form of agri-environment schemes, in most cases under Farmland Management Contracts (CTEs) or, less frequently, directly under agri-environment schemes.

Total national expenditure on implementing Natura 2000 [5] was 0.36 million euros in 1994, rising to 16.33 million euros in 2000. These figures exclude funding provided by the Ministry of Agriculture under agri-environment schemes for Natura 2000 sites on farmland.

[5] Scientific inventories, communication, consultation, preparing, implementing, monitoring and assessing DOCOBs, contract-based site management.

- At EU level:

1. funding provided for rural development under the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee section. For the period 2000-2006, this amounts to 5.32 billion euros. France has opted to programme this budget via:

* the National Rural Development Plan (PDRN), adopted on 7 September 2000, under which, via the EAGGF Guarantee Section, 5 billion euros are earmarked;

* the Single Programming Documents for Objectives 1 and 2 (with a section on development) under the EU Structural Funds (768 millions euros earmarked for France during the period 2000-2006).

2. Funding provided under the LIFE-Nature programme. Between 1994 and 2000, a total of 44 French projects received EU funding amounting to almost 25.4 million euros (out of a total budget of 53.5 million euros), ie an average co-funding rate of 47%.

1.4 Surveillance (Article 11)

The National Natural History Museum (MNHN) conducts population inventories, and estimations as well as qualitative assessments of flora and fauna species on behalf of the Ministry of Environment. The level of knowledge thus acquired varies for different groups of species. For certain highly threatened fauna species whose presence poses problems, particularly in relation to human activities, specific monitoring networks are set up (eg bear, lynx, wolf, common hamster, European beaver, marine mammals, bats, European mink, the most threatened birds of prey, etc.). Similar networks are also established for bird species hitherto deemed to be common but whose numbers are sharply declining (under the STOC programme).

For flora, monitoring is conducted by the National Botanical Conservation Agencies (Conservatoires botaniques nationaux). So far, eight have been established.

2 Protection of species (Article 12-16)

2.1 Strict system of protection (Article 12, 13)

Statutory protection is based on Articles L 411.1 and 2 of the Environment Code. Ministerial Orders, applicable nationally, are adopted per species group banning activities listed in the Directive. A standard Order for terrestrial vertebrates, for example, bans destruction, mutilation, capture, taking, stuffing, and whether the animal be dead or alive, transport, peddling, offering for sale, sale or purchase.

For plant species, on the basis of the same Articles (L 411.1 and 2) of the Environment Code, a Ministerial Order, valid nationwide, bans the destruction, cutting, mutilation, ripping up, picking or taking, peddling, use, or selling of all or part of specimens of wild flora species listed in Annex IVb occurring in France. These provisions are supplemented by Orders valid at regional level which ensure strict protection for a larger number of species.

Conservation measures adopted for the most threatened species listed in Annex IV are aimed at curbing limiting factors, most notably, habitat loss. In some cases, national restoration plans are established per species for a given time period (usually five years). Plans approved by the National Nature Conservation Council (CNPN) until 2000, focus on the following species: European mink (Mustela lutreola), otter (Lutra lutra), common hamster (Cricetus cricetus), Chiroptera, Bonelli's eagle (Hieraaetus fasciatus), osprey (Pandion haliaetus) and the bearded vulture (Gypaetus barbatus).

For large carnivores, the Ministry of Environment has adopted strategies aimed at making extensive sheep farming compatible with the conservation or recovery of populations of the lynx (Lynx lynx), wolf (Canis lupus) and the bear (Ursos arctos). Following the natural return of the wolf to France in 1992 from Italy via the Alps, EU LIFE projects have enabled various management methods in relation to sheep farming to be tested and implemented.

No general monitoring system has been put in place for incidental capture and killing of animals in view of the numerous causes involved. However, from time to time, action is undertaken to assess the impact of road, powerline and telephone pole collisions on wild fauna; and remedial action is taken. No details concerning the results of the monitoring are provided in the report.

2.2 Takings and derogations (Article 14, 15, 16)

Measures on the taking in the wild of Annex V species are laid down in two types of regulations: those on hunting for birds and mammals and those on fishing for fish, certain species of frog and crustaceans (crayfish).

The fishing of two species of frog is regulated (Rana temporaria and Rana esculenta). All other frog species are fully protected. Mammalian species listed in Annex V which may be hunted in France include the following: pine marten (Martes martes), polecat (Martes putorius), hare (Lepus europaeus) and chamois (Rupicapra rupicapra).

Article 424.4 of the Environment Code authorises hunting by shooting, aircraft, on horseback using dogs, and by traditional means. It bans all other means of hunting, and particularly indiscriminate methods with the potential to threaten protected species.

The gathering and sale of the Burgundy snail (Helix pomatia) is regulated at national level: there is a ban on collecting young snails during the breeding period. Prefectural Orders may supplement these provisions.

The gathering, harvesting and sale of certain plant species listed in Annex V (where they are not afforded protection under Regional Orders) may be banned or authorised by Prefectural Order, eg Sphagnum sp., Narcissus juncifolius, Galanthus nivalis, Lilium rubrum, Artemisia genepi, and Gentiana lutea. No mention is made in the national report of whether these measures are being evaluated.

There is no information on the number of derogations granted. Derogations are usually granted in the following cases:

* to prevent damage to livestock/crops by large carnivores (bear, wolf, lynx) and the common hamster;

* for research purposes - this concerns all animal and plant species, depending on the research programme established;

* for reintroduction schemes - this concerns the capture in the wild of animals to be reintroduced into other regions. Between 1994 and 2000, such an operation was conducted involving the European pond terrapin (Emys orbicularis) and the otter (Lutra lutra).

3 Other issues

3.1 Research (Article 18)

Research is conducted in France concerning the Natura 2000 network and its components, both directly and indirectly. Some examples of research programmes are provided, eg 'local scenes of nature conservation: how to build Natura 2000 in France" (launched in 2000 as part of the "protected areas" research programme conducted by Paris University (Paris X)) and 'biodiversity dynamics and land management", launched in 1994 by the National Centre for Scientific Research (CNRS). Studies on understanding and taking into account biodiversity are conducted at regional level.

3.2 Introduction and reintroduction (Article 22(a) and 22(b))

Reintroduction schemes involving native species have been conducted for the:

* European beaver (Castor fiber) in several départements;

* common hamster (Cricetus cricetus);

* brown bear (Ursus arctos) in the Pyrenees. In 1996 and 1997, after several years of preliminary research, three bears (two females and one male) from Slovenia were reintroduced under an EU LIFE project. One of the females was killed by accident in 1997. In technical terms, the operation was successful (the bears adapted themselves to their new environment and have established a wide distribution range). On a social level, however, problems have arisen. The project has not been well accepted by the local public, particularly extensive sheep farmers;

* otter (Lutra lutra) in Alsace;

* Corsican red deer (Cervus elaphus corsicanus) in Corsica;

* European pond terrapin (Emys orbicularis) at Bourget lake in the Savoie département;

* sturgeon (Acipenser sturio). The species has been fully protected in France since the adoption of a Ministerial Order on 25 January 1982. A major restoration programme was launched in 1994 under a LIFE-Nature project.

Two further reintroduction projects are planned for the Pyrenean ibex (Capra pyrenaica pyrenaica) and the common hamster in the Haut-Rhin département.

France has not yet adopted provisions under Article L 411.3 of the Environment Code under which the introduction of non-native animal or plant species is subject to administrative controls. Discussions are currently underway concerning this and other related actions, including a review of species introduced in France, action to eradicate certain introduced species considered to be invasive, including: yew-leaved caulerpe (Caulerpa taxifolia), American mink (Mustela vison), bullfrog (Rana catesbeiana), Oxyura jamaïcensis, etc.; a EUR 2.5 million research programme focusing on three issues: analysis of the mechanisms that underlie invasions; the social perception; economic assessment, control and management of the phenomenon; and the possibility of setting up an invasive-species monitoring unit to anticipate the control of species accidentally introduced.

3.3 Awareness raising (Article 22(c))

Efforts have been and are being made to inform, educate and make people aware of the natural environment, and specifically of the Natura 2000 network. A number of key documents have been published since 1993, including a leaflet, brochure, newsletter, methodological guidance for the documents of objectives and technical guides (covering forest, coasts, wetlands, agro-pastoral habitats, rocky habitats, plant species, and animal species).

In 1999, the Ministry of Environment launched a multiannual national training programme, which is run by the Technical Centre for Natural Areas (ATEN). An agreement was concluded in June 1999, and renewed in 2000, between the Ministry and ATEN to formalise this arrangement. Training is provided for staff of administrations in charge of implementing the Directive, eg the Ministry of Environment, Regional Offices for the Environment [6] (DIREN), Prefectures, etc., technical operators at site level and members of local steering committees set up for Natura 2000 sites. In 1999, 119 people took part in the training sessions; in 2000, the figure rose to 152.

[6] These are regional offices of the central Ministry, under the authority of the regional Prefect and in charge of locally implementing inter alia the Habitats Directive and general legislation on nature conservation.

Lastly, a dedicated Natura 2000 website was launched on 4 December 2000 (http:// natura2000.environnement.gouv.fr) within the Ministry of the Environment's website. It provides information on publications, news and training and a section specifically on Natura 2000.

3.4 Management of landscape features (Article 10)

No information is provided in the report on complementary measures (Article 10).

3.5 Human resources and technical resources

Human resources made available for the implementation of the Directive are as follows:

=> At national level:

* Ministry of Environment. The team in charge of Natura 2000 increased from 1 full time member of staff in 1994 to 10 in 2000. The Ministry's Nature and Landscapes Department (DNP), made up of a staff of 90, conducts policy which contributes to implementation of the Directive (species, habitats and landscape protection);

* Staff at the National Natural History Museum's (MNHN) Natural Heritage Department (SPN). This is the State's scientific expert body for issues relating to the Habitats and Birds Directive;

* Ministry of Agriculture;

* Ministry of Infrastructure;

* Ministry of Defence.

* => At subnational level

* The 90 département Prefects (who supervise implementation of the Habitats Directive);

* The 22 Regional Offices for the Environment (DIREN);

* The département Offices for Agriculture and Forestry (DDAF).

No specialised agencies have been established to implement the Directive. A National Monitoring and Consultation Committee (Comité national de suivi et de concertation) was set up in 1996.

Summary of National Report: Germany

1 Natura 2000: conservation of natural habitats and habitats of species

1.1 proposed Sites of Community Importance (pSCI) (Article 4(1) and 4(2))

1.1.1 Inventories

In Germany, the constitutional responsibility for the site selection and notification process lies with the 16 Bundesländer. Site selection has been taken forward in accordance with the rules of the Directive and with the support of the Federal Agency for Nature Conservation (Bundesamt für Naturschutz). The selection process has been based on scientific information, most notably species distribution data, land cover data, as well as existing scientific literature. Moreover, it has involved the expertise of individuals from the relevant statutory nature conservation bodies, forestry and fisheries authorities, and experts from academic and research institutions. A key point of reference has been the site selection criteria outlined in Annex III of the Directive as elaborated further by the Federal Agency for Nature Conservation.

The federal report does not provide a figure for the overall number of sites proposed.

According to the Federal Environment Ministry, by June 2002, the total number of pSCIs was 3,533, covering approximately 6.7% of the territory (2,385,211 ha terrestrial plus 814,454 ha offshore). [7]

[7] http://www.bmu.de/sachthemen/natbio/ ffh_tabelle.php

1.1.2 Processes of proposing sites

Site selection and proposal has progressed in a series of stages at the Länder level. Consecutive lists of pSCIs were ratified by the respective Länder governments before being passed on to the Federal Environment Ministry for notification to the Commission. During the public consultation process, stakeholders (eg local authorities, land owners, NGOs) were given the opportunity to comment on the proposals. This has in some cases led to the receipt of several thousands of comments, which were processed and considered within the legal framework of the Directive.

Commonly, a lack of appreciation and/or support for the selection of sites on purely scientific, rather than socio-economic grounds has been noted. Moreover, concerned stakeholders often find the legal and economic repercussions of Natura 2000 designation difficult to grasp (modalities of site protection, significance of potentially adverse impacts on Natura 2000 sites, ecological buffer zones).

Furthermore,