European Parliament resolution on implementation of Directive 92/43/EEC on habitats (2000/2111(INI))
Date: 2001-01-17
Institutions: Committee on the Environment, Climate and Food Safety, European Parliament
Subjects: European Environment Agency, biodiversity, biotope, ecosystem, environmental protection, infringement procedure (EU), interinstitutional relations (EU), rural development

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(c) a comparative study of the measures taken to date (best-practice rules, action programmes, etc.);

calls, further, on the Commission to make those reports available to the public in a form which is easily
comprehensible;

Instructs its President to forward this resolution to the Council and the Commission and to the

28.
governments and parliaments of the Member States.

3. Conservation of habitats (procedure without debate)

A5-0387/2000

European Parliament resolution on implementation of Directive 92/43/EEC on habitats (2000/
2111(INI))

The European Parliament,

$ having regard to the Convention on Biological Diversity,

$ having regard to the Bern Convention on the Conservation of European Wildlife and Natural Habitats,

$ having regard to the Aarhus Convention on Access to Information, Public Participation in Decision-

Making and Access to Justice in Environmental Matters,

$ having regard to the Commission Communication on ‘Wise Use of Wetland’ (1995) (COM(1995) 189)
and the Council Conclusions after public debate on wise use and conservation of wetland (1996),

$ having regard to the XVIth Annual Report on Monitoring the Application of Community Law (1998)

(COM(1999) 301), (1)

$ having regard to its resolution of 20 October 1998 (2) on the Commission communication to the
strategy

Council
European Parliament on a
(COM(1998) 42 $ C4-0140/1998 and (SEC(1998) 348 $ C4-0155/1998),

European Community biodiversity

and the

$ having regard to Directive 92/43/EEC on the conservation of natural habitats and of wild fauna and

flora (‘the Habitats Directive’) (3),

$ having regard to Directive 79/409/EEC on the conservation of wild birds (‘the Birds Directive’) (4),

$ having regard to Directive 85/337/EEC on the assessment of the effects of certain public and private

projects on the environment (‘the EIA Directive’) (5),

$ having regard to its position of 6 September 2000 (6) on the Council common position for a European
Parliament and Council directive on the assessment of the effects of certain plans and programmes on
the environment (5685/1/2000 $ C5-0180/2000 $ 1996/0304(COD),

$ having regard to Rule 47(2) and Rule 163 of its Rules of Procedure,

$ having regard to the report of the Committee on the Environment, Public Health and Consumer Policy

(A5-0387/2000),

(1) OJ C 354, 7.12.1999, p. 1.
(2) OJ C 341, 9.11.1998, p. 41.
(3) OJ L 206, 22.7.1992, p. 7.
(4) OJ L 103, 25.4.1979, p. 1.
(5) OJ L 175, 5.7.1985, p. 40.
(6)
‘Texts Adopted’, Item 4.

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A. whereas the Community’s nature conservation legislation is not yet fully operational due to the failure
of Member States to implement the more than eight year-old Habitats Directive and the more than
20 year-old Wild Birds Directive; whereas the implementation of the Habitats and Birds Directives,
both with respect to species conservation and with respect to the establishment of the Natura 2000
Network, is one of the most important tools for achieving the objectives of the Convention on Biolo-
gical Diversity (CBD) in the European Union and its Member States,

B. whereas infringement procedures opened against the Member States for failure to comply with, or for
poor transposition of, Community law are excessively slow and whereas, in the case of the environ-
ment, this tends to increase the risk to habitats and species which require protection,

C. whereas the text of the Habitats Directive should not be revised for the time being, except for the
amendments needed on account of the Community’s enlargement; whereas efforts should rather be
focused on the implementation of the directive,

D. whereas the Commission should regularly report to the European Parliament on the implementation

of EU biodiversity legislation,

E. whereas, historically, the focus of the conservation of nature has been its aesthetic and scientific value;
whereas a modern approach should focus in addition on the recognition of ecosystems, species and
biodiversity as essential to sustainable development; whereas the conservation of functioning ecosys-
tems makes a fundamental contribution to the quality of human life and should be an integral part of
all sectoral policies; whereas nature and biodiversity conservation measures should not be limited to
protected areas but must be taken throughout the territory of the Community and integrated into all
sectors of activity, including agriculture and transport, with due regard to the social and economic
situations of the geographical areas concerned; whereas farming in Europe conserves and maintains
agricultural landscapes, and farming in accordance with good agricultural practice is geared to protect-
ing and conserving the environment; whereas land is a finite form of capital and farmers have an
interest in keeping it in a healthy and fertile condition, both for themselves and for future generations,

F. whereas environmental considerations must be integrated effectively into all EU policies in application
of Article 6 of the Treaty; whereas the Commission, when drawing up the sixth environmental action
programme, must take into account the fact that policy should to a greater extent recognise that
nature and biodiversity conservation must be a standard feature of environmental planning and man-
agement in all policy areas,

G. whereas the Community’s nature conservation policy must gradually change focus from the designa-
tion of protected areas to the management and conservation of these areas, and whereas the Member
States must draw up management measures for Natura 2000 sites and put in place monitoring
mechanisms with relevant indicators,

H. whereas the Habitats Directive offers a sound, modern way of conserving nature which makes it
in many countries, has led to

necessary to strike a balance between different interests but which,
conflicts,

I. whereas the Habitats Directive and the Wild Birds Directive $ the operation of which is linked $
are the main legislative instruments for nature conservation at Community level and whereas it is
the responsibility of the Member States to transpose these rules into national
law and thereafter
enforce and apply them in practice,

J. whereas infrastructure such as roads, dams and ports fragment landscapes and isolate populations of
flora and fauna from one another; notes that the fragmentation and shrinkage of habitats is having the
effect of isolating populations from one another and thus reducing genetic exchanges as well as ham-
pering populations’ survival, and preventing the establishment of Natura 2000 as a coherent ecological
network based on Special Protection Areas (SPA) under the Birds Directive, and the Special Areas of
Conservation (SAC) designated under the Habitats Directive; whereas adequate ecological corridors and

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buffer zones are an essential contribution to nature conservation in Europe; whereas larger, interlinked
areas of protection are necessary in order to guarantee the success of the Habitats Directive; whereas
there is an urgent need to improve environmental impact assessment and introduce strategic environ-
ment assessment of transport projects and other land use planning initiatives to secure the coherence
of Natura 2000,

K. whereas Member States should commit themselves to providing strict protection throughout their
territory to a wide range of ‘Species of Community Interest’, listed in Annex IV of the Habitats Direc-
tive, as well as to all resting places and areas of reproduction; whereas the Commission should check,
in light of the national reports on the implementation of the Directive, that these systems are in place
and take the necessary enforcement measures within as short a time as possible if this is not the case,

L. whereas there is an urgent need to safeguard, both in the current Member States and in the accession
countries, the less intensive forms of agriculture and other human activities that are less intrusive, as
scientific evidence shows that such practices in fact benefit the maintaining of biodiversity; whereas
many habitat types are intimately associated with human use of land and other resources and are
extremely vulnerable to changes in the nature of this exploitation; whereas measures under the rural
development regulation adopted by Agenda 2000 are available to promote the implementation of
Natura 2000 $ including buffer zones and ecological corridors $ and these need to be applied care-
fully, evaluated and their budget increased considerably; whereas the Commission should at some
stage in the future include a specific reference to the Natura 2000 network in the regulation on
rural development,

M. whereas the funding of the obligations arising from the Habitats Directive shall be borne by the Mem-
ber States and Article 8 of the Directive only provides the possibility of co-funding by the Community
of certain measures for sites which are considered to be of Community importance; whereas the bud-
get of the LIFE programme needs to be increased sufficiently in order to co-finance pilot projects to
establish the Natura 2000 network in current Member States and accession countries; whereas this
increase must take into account the fact that the budget has scarcely increased since 1992 and that
the annual demand for co-financing is several times higher than the amount of available resources,

N. whereas wildlife organisations have carried out an important task over the years, gathering informa-
tion on species, maintaining reserves and raising public and governmental awareness of environmental
problems, researching site protection, monitoring the implementation of environmental law and pro-
viding crucial information to decision-makers,

O. whereas having access to information is fundamental for local communities in and around Natura
2000 sites and to the work of wildlife organisations and other non-governmental organisations,
including the social partners concerned; whereas the Commission and Member States should share
all relevant documentation with them, such as correspondence relating to Natura 2000 network sites
and the implementation of the Habitats Directive, management plans for Proposed Sites of Com-
munity Interest and survey reports, relevant reports about Natura 2000 sites, and financing schemes,
etc.,

P. whereas the European Environment Agency Topic Centre for Nature Conservation has had a crucial
role as manager and scientific adviser on assessment of Member States’ proposals for Natura 2000
sites; whereas this body must be able to continue to carry out this work with appropriate financial
and human resources; whereas the European Environment Agency has played a central role in provid-
ing comparable information concerning the condition of ecosystems and species, as well as the results
of protective measures; whereas the Commission plays a decisive role and whereas sufficient staff
resources should be made available for it to fulfil its duties,

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Q. whereas all Community funding should, in the long-term, give incentives to fulfil the goals of the
Habitats Directive; whereas the short-term target should be that all Community-funded activities are
at least in accordance with the environmental standards set by the Habitats Directive,

R. whereas securing access to justice for non-governmental organisations at national and European level
is of crucial importance for better application and enforcement of the provisions in the Habitats Direc-
tive,

Underlines the importance of the legally binding timetable of the Habitats Directive and stresses the

1.
importance of ensuring that the already considerable delay of the Member States is not added to;

Calls on the Commission to continue without hesitation to use the appropriate legal enforcement
2.
means within its powers to ensure proper implementation of the Habitats Directive and follow-up when-
ever it detects a breach of the obligations of the Member States, in particular when:

(a)

there are unnecessary delays in proposing a list of sites to be included in the Natura 2000 Network,

(b) existing Natura 2000 sites are not sufficiently protected,

(c)

species listed in the Annexes of the Directive are not sufficiently protected,

(d)

insufficient areas are proposed (Article 5 of the Directive),

and, furthermore, to ensure that in cases of proven ‘overriding public interest’, fully adequate compensa-
tion measures are proposed, implemented, funded over the long-term and monitored;

3.
Urges the Commission to establish administrative measures designed to shorten the study or assess-
ment period for the reports or complaints it receives in connection with infringements of environmental
law and, if necessary, to speed up the contravention procedure in cases in which there is a proven risk to
species and habitats which qualify for protection;

4.
Calls upon the Member States to ensure immediate protection of all proposed Sites of Community
Interest from damaging developments and to take all conservation measures to manage and conserve the
sites once they are designated as Natura 2000 sites, by 30 June 2004 at the latest, it being made clear that
designation as a protected area can also mean that nature protection agreements may be used if they afford
adequate protection for endangered animal and plant species;

Underlines that progress on site designation for Natura 2000 needs to be speeded up and the second
5.
series of seminars held on the six biogeographic regions needs to be kept within a reasonable time-scale to
avoid further delays in designation of Natura 2000 sites, including those of the countries applying for
accession, and to respect the deadline of June 2004 for the designation of Sites of Community Importance
as Special Areas of Conservation;

6.
Calls on the Member States to fulfil their reporting obligations on the implementation of the Habitats
Directive and on the Commission to report to Parliament, the Council and the Economic and Social Com-
mittee in conformity with the deadlines laid down in Article 17 of the Habitats Directive;

7.
Urges the Member States to see nature conservation as a policy area, a source of economic potential
and a right to be enjoyed by future generations, where results can be achieved only with the active coop-
eration of citizens in their roles as consumers, users, farmers, landowners, tourists, gardeners, fishermen,
huntsmen, employees and employers, etc;

Calls on the Commission and the Member States to step up the adoption of measures that can have

8.
positive effects on the Natura 2000 network of special areas of conservation including:

(a) providing the places included within the network with the funding needed to enable them to be con-

served and managed,

(b)

increasing awareness and dissemination of information about Natura 2000 and its opportunities for
socio-economic development,
in furtherance of a better understanding of the Habitats Directive’s
objectives,

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(c)

improving mechanisms for public participation,

(d)

(e)

(f)

strengthening dialogue with landowners and users, so that land designated by Member State authori-
ties to be included in Natura 2000 is not seen as in opposition to landowners’ rights but in fact as an
opportunity to be seized, however, the rights of landowners should not hamper the classification of
protected areas,

evaluation and closer monitoring of plans and projects to prevent damaging developments in applica-
tion of Article 6 of the Habitats Directive,

clarification that the Habitats Directive is not an instrument for preventing important infrastructure
measures and that designation as a Natura 2000 site is not tantamount to an ending of all economic
activity;

9.

Calls on the Commission to draft a guide on how to interpret Article 8 of the Habitats Directive;

Commends the Commission on the issuing of a guide on how to interpret Article 6 of the Habitats
10.
Directive and encourages the Commission to develop it further, by translating it into all official languages
of the EU and into those of the countries applying for accession; additionally, encourages the Commission
to assess whether this guidance is taken into account, understood and applied by Member States; further
encourages the Commission to assess obstacles in applying the guidance, the reasons behind them and
ways of overcoming them and to evaluate the consistency in the approach to the guidance within the
various Member States;

11. Welcomes the effort of the Commission to deny access to EU funds to Member States that have not
ensured that the requirements of environmental protection are incorporated into the definition and imple-
mentation of measures supported by the Structural Funds and the Cohesion Fund; welcomes the adoption
of the same strategy for access to funds under the rural development regulation;

Calls for a review of the Habitats Directive, focusing on its implementation in the Member States,

12.
and for such a review to result in greater clarity for those affected by the Directive;

Stresses that suspension of payments by the Community is justified only when there are serious
13.
indications that the payments in question result in adverse effects on an important habitat; stresses that
such cases should be dealt with on an individual basis and that entire Member States or regions must not
have their aid payments suspended;

Recalls that, pursuant to Article 226 of the EC Treaty, the Commission may bring action against

14.
Member States before the European Court of Justice if they do not transpose directives in good time;

Calls for proposals leading to greater participation by citizens and local authorities affected by the

15.
designation of sites to be drawn up;

Stresses the need for the Commission to emphasise the availability of existing financial instruments
16.
to promote biodiversity conservation and the implementation of the Habitats Directive and calls on Mem-
ber States to use these funds in particular to develop measures such as:

(a) within the scope of the Structural Funds: conservation advice and training for farmers, foresters, fish-

ermen, hunters, etc.,

(b) within the ESF (European Social Fund): investment in infrastructure aimed at environmental protection

in Objective 1 and 2 regions,

(c) within the ERDF (European Regional Development Fund): maintenance, enhancement and restoration

of the landscape in Objective 1 and 2 regions,

(d) within the EAGGF (European Agriculture Guidance and Guarantee Fund): protection and conservation

of rural heritage within the EAGGF,

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(e) within the scope of the Common Agricultural Policy:

$ incentives for farmers to undertake practices which benefit the environment within the agri-envir-

onment programme (Regulation (EC) No 1257/1999) (1),

$ payments to farmers using farm practices which are compatible with the protection of the envir-
onment within the scope of the Less Favoured Areas provisions (Regulation (EC) No 950/
1997) (2),

$ incentives for farmers to recreate forest habitats within the afforestation of farmland and forest

improvement (Regulation (EC) No 1257/1999),

$ environmental conditions may be attached to subsidies within the product support regimes;

Calls on the Commission to ensure effective implementation and enforcement of Community envir-
17.
onmental legislation in the context of all projects, irrespective of whether they require Community or
national subsidies in the Member States;

Calls on the European Investment Bank to prepare environmental impact assessment reports on

18.
projects in the applicant countries prior to their approval and to make these available to the public;

Calls on the Commission to publish an annual report on the effects of the Common Agricultural

19.
Policy on habitats and species throughout the European Union;

Instructs its President to forward this resolution to the Council and the Commission and to the

20.
governments and parliaments of the Member States.

(1) OJ L 160, 26.6.1999, p. 80.
(2) OJ L 142, 2.6.1997, p. 1.

4. PCBs/PCTs (procedure without debate)

A5-0379/2000

European Parliament resolution on implementation of Directive 96/59/EC on the disposal of poly-
chlorinated biphenyls and polychlorinated terphenyls (PCB/PCT) (2000/2112(INI))

The European Parliament,

$ having regard to Council Directive 96/59/EC on the disposal of polychlorinated biphenyls and poly-

chlorinated terphenyls (PCB/PCT) (1),

$ having regard to Council Directive 76/403/EEC on the disposal of polychlorinated biphenyls and poly-
chlorinated terphenyls (2), which was the first approximation of laws and regulations of the Member
States,

$ having regard to the Commission proposal for a Council Directive on the disposal of polychlorinated
biphenyls and polychlorinated terphenyls (3), which was presented to take into account technical pro-
gress and to replace the first Directive approved in 1976,

$ having regard to the amended proposal for a Council Directive on the disposal of polychlorinated

biphenyls and polychlorinated terphenyls (PCB/PCT) (4), which modified the legal basis,

(1) OJ L 243, 24.9.1996, p. 31.
(2) OJ L 108, 26.4.1976, p. 41.
(3) OJ C 319, 12.12.1988, p. 57.
(4) OJ C 299, 20.11.1991, p. 9.