WRITTEN QUESTION No. 1676/97 by Esko SEPPÄNEN to the Commission. The Natura 2000 programme and Member States' powers to alter the programme after its adoption
Date: 1997-05-07
Institutions: European Parliament, SEPPAENEN
Subjects: EU programme, environmental protection, protected area, protected species, protection of animal life, protection of plant life, wildlife













EUR-Lex - 91997E1676 - EN






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91997E1676

WRITTEN QUESTION No. 1676/97 by Esko SEPPÄNEN to the Commission. The Natura 2000 programme and Member States' powers to alter the programme after its adoption  


Official Journal C 373 , 09/12/1997 P. 0155 





WRITTEN QUESTION P-1676/97 by Esko Seppänen (GUE/NGL) to the Commission (7 May 1997)Subject: The Natura 2000 programme and Member States' powers to alter the programme after its adoptionThe Member States of the Union designate conservation areas under the Natura 2000 programme, and inform the Commission of them. However, it is not clear whether or how Member States can make any changes to the programme after it has been adopted.I would therefore ask the Commission:1. Can Member States independently alter the designation of their own conservation areas under the Natura 2000 programme?2. Does the Commission have the power to intervene in any changes the Member States wish to make to the designation of their own conservation areas, for example by prohibiting them from making the changes?Answer given by Mrs Bjerregaard on behalf of the Commission (2 June 1997)Directive 92/43 on the conservation of natural habitats of wild fauna and flora ((OJ L 206, 22.7.1992. )) provides for creation of a coherent European ecological network of sites under the title Natura 2000. For that purpose, the Member States are required to propose a national list of sites intended to be designated as special areas of conservation. Based on this, the Commission shall establish, in agreement with each Member State, a draft list of sites of Community importance. Finally, the Member States shall designate the sites in the Community list as special areas of conservation.If a Member State intends to modify a special area of conservation belonging to Natura 2000 and this modification reduces the protected area, the situation must be assessed in the light of Article 6 of the Directive.If the modification will adversely affect the integrity of the site concerned, it can only be carried out for imperative reasons of overriding public interest. The Member State must first make sure that there really are no alternative solutions. In addition the Member State shall take compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected. The Commission must be informed of these compensatory measures.The Commission may be further involved, in cases in which it has to give its opinion in relation to a site hosting a priority natural habitat type or a priority species in respect of which the Member State pleads imperative reasons of overriding public interest other than human health or public safety.In general, the Commission controls the application of the Directive and if it finds that the requirements of the Directive have not been respected, the Commission may take action in accordance with the powers and procedures it possesses under the EC Treaty.