CELEX: 51988PC0381
Language: en
Date: 1988-08-31
Title: Proposal for a COUNCIL DIRECTIVE on the protection of natural and semi-natural habitats and of wild fauna and flora (presented by the Commission)

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 ---pagebreak--- COMMISSION OF THE EUROPEAN COMMUNITIES
                                       COM(88 ) 381 final
                                       Brussels , 31 August 1988
                            Proposai for a
                          COUNCIL DIRECTIVE
    on the protection of natural and semi-natural habitats and
                       of wild fauna and flora
                   ( presented by the Commission )
 ---pagebreak---                                                                   dowi
                            EXPLANATORY MEMORANDUM
THE MEED FOR ACTIOS AT COMMUNITY LEVEL
 In the face of the growing threats to wildlife and natural habitats ,
most Member States have adopted national or regional policies to protect
endangered species and biotopes . These policies , however , are far from
comprehensive and vary considerably between different countries : in
terms of both the administrative structures involved , and the extent of
 land and numbers of animal and plant species afforded protection ( and
the type of protection given ).
These inconsistencies in wildlife protection by Member States have a
number of implications . In particular , they mean that species which are
protected in one part of their range may remain under threat elsewhere ;
 national policies may thus be rendered ineffective , This is especially
 the case with migratory species , such as birds .
 In order to overcome these inconsistencies , it has long been recognised
 that the Community needs to adopt its own , co-ordinated policy on
 wildlife . ( It is to be noted that the protection of endangered wildlife
 and habitat has been covered by legislation at the federal level in the
■United States since 1973 . ) The sharing of knowledge at European level
 and the coordination of management and conservation strategies in
 particular for species which are endangered in one or more Member States
 or whose natural range extends across several Member States , may make a
 vital contribution to ensuring that national or regional policies do not
 damage habitats or species of European significance . Such a policy is
 also necessary for the reverse reason : to avoid threats to national or
 regional wildlife resources by Community actions or by adverse actions
 occuring in other parts of the Community . This is a vital issue , for
 many of the main pressures for agricultural intensification and
 expansion , tourism, transport and industrial development come from the
 Community 's own sectoral policies .
 Internationally , and in particular in the context of the numerous
 international Conventions and Agreements which have been or are being
 developed in the field of wild-life conservation , Community
 participation will be strengthened as a result of the authority that
 derives from a common view-point and common framework .
 It should be noted too that , in the light of these considerations ,
 action by the Community is consistant with paragraph 4 of Article 130R
 of the Treaty which provides that " the Community shall take action
 ---pagebreak---                                                                             2
relating to the environment when the objectives can be attained better
at Community level than at the level of the individual Member State .
PxeïiQug.ConauDity Actions,
It was with these aspects in mind , therefore , that the European
Community established a policy towards wildlife in the First Action
Programme on the Environment , in 1973 . The broad aims of this policy
were to develop an integrated approach to the conservation Df endangered
species of flora and fauna and the protection of natural habitats . In
pursuit of these policies , the Council has adopted a number of
legislative instruments . Without doubt one of the most important and
far-reaching is the Directive for the Conservation of Wild Birds ,
adopted on April 2nd , 1979 .  This has been followed by the 1981 Council
Decision on the Berne Convention on the Conservation of European
Wildlife and Natural Habitats , the 1982 Council Decision on the Bonn
Convention on the Conservation of Migratory Species of Wild Animals , the
19S2 Council Regulation on the implementation in the Community , as of
1st January , 1984 , of the Convention on International Trade in
Endangered Species of Wild Fauna and Flora (CITES ), and the adoption in
1984 of a Community Regulation on action by the Community relating to
the environment , providing - amongst other things - for the possibility
of Community financial support to projects aimed at re-establishing
seriously threatened biotopes which are the habitats of endangered
species .
In its Resolution of 19 October , 1987 , on the continuation and
implementation of a European Community policy and Action Programme on
the Environment ( 1937-1992 ) (The Fourth Environmental Action Programme ),
the Council declared that " measures to protect and enhance Europe 's
natural heritage" were one of the priority areas for Community action .
In the same Resolution , the Council noted the Action Programme set out
in the Annex to the Resolution and approved in general its guidelines
which , in Section 5.1 , commit the Commission to coming forward with a
proposal for the comprehensive protection of the habitat of threatened
species of fauna and flora through a Community system of protected sites
and measures for the sustainable utilization of species and ecosystems .
In its Work Programme for 1938 the Commission undertook to bring this
legislation forward this year .
The European Parliament has also on a number of occasions made clear its
wish to see further Community action in this area .
Ihe_current proposai
The fundamental aim of the proposal is to establish , at the latest by
the year 2000 , a comprehensive network of protected areas aimed a
ensuring the maintenance of threatened species and threatened types of
habitat in all the regions of the Community where they occur , this
achieving more effective implementation within the Community of the
Berne Convention on the conservation of European wildlife and natural
habitats as well as other complementary measures appropriate to the
Community framework .
 ---pagebreak--- Biotopes of major Importance for the conservation of nature In the
Community cover a surface area which varies between approximately 10 %
and 20 V, of the total surface area of the Member States .    It should be
stressed , however , that this average figure covers an extremely diverse
reality both from the point of view of surface area and characteristic
features of each site ; it is imperative that such differences need to be
reflected in the protection and management measures to be applied .
In fact only between 1 and 2 % of the total surface area of the Member
States will need strict measures of protection . The major part of the
surface area of the biotopes will need management plans reconciling
appropriate measures of protection and extensive agricultural and
forestry exploitation based on adapted techniques . Such management
plans must again be inserted into integrated programmes aimed at
promoting at the same time regional development and improvement of the
environment .
As by definition the directive will mainly concern rural areas , the
Commission has naturally taken into account likely repercussions on the
incomes of the population living there . In view of the diversity of the
situations and of the measures to be taken in the light of these
situations , as described above , it is , however , practically impossible
to put forward even general estimations of such repercussions .
The measures may in fact range from the extensif ication of existing
production systems to the maintenance of agricultural activities
necessary for the management of natural areas . They should therefore be
very intimately linked to the objectives of the Community 's rural policy
as proposed by the Commission . In that context , a judicious use of the
various structural instruments of the Community - and the necessary
financial resources - would make it possible , as needed , to reconcile on
the one hand , the need to maintain , even improve the living conditions
of the rural populations with the requirements in the field of
conservation of natural and semi-natural habitats and of threatened
species on the other .
No single proposal , no single Community instrument , can by itself ensure
that the goals of nature protection throughout the Community are
satisfactorily achieved . This proposal is to be seen as complementary
to efforts aimed at maintaining or reintroducing agricultural systems
characterized by small scale gradients in ecosystems , allowing exchanges
of species among habitats and , hence , combinations of species that play
a vital role for the regulation among species . It must thus be seen in
the context of measures in the field of agricultural structures and
rural development as well as in the context of the more general reform
of the Common Agricultural Policy and of the reorientation of the
Structural Funds in support of , amongst other things , environmental
objectives .
By the same token , it cannot be expected that successes will be achieved
overnight . The measures to be taken under the Directive by Member
States to identify , designate and then protect the territories of
interest and importance for nature protection in the Community will vary
 ---pagebreak--- from State to State and the political , administrative or financial
burdens will also vary .
The draft directive takes into account the different situations of the
Member States , as provided for in particular in Article 130R , paragraph
3 of the Treaty , by requiring an appropriate balance to be struck
between conservation and economic interests and by providing for the
possibility of dercgations from the general obligations in certain
specific cases .
Toronto and Hannover Summiis
Finally , it is to be noted that both the Toronto Summit of
industrialized nations and the EEC Summit held in Hannover in June 1988
urged that priority should be given to actions to protect endangered
species . This proposal can be seen as a rapid response on the part of
the Commission .
 ---pagebreak---                                   Proposai for a
                                 COUNCIL DIRECTIVE
          on the protection of natural and semi-natural habitats and
                             of wild fauna and flora
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
Having regard to the Treaty establishing the European Economic
Community , and in particular Article 130s thereof ,
Having regard to the proposal from the Commission ,
Having regard to the opinion of the European Parliament ,
Having regard to the opinion of the Economic and Social Committee ,
Whereas the European Community Policy and Action Programme on the
                          1
Environment ( 1987 1992 )   makes provision for measures regarding conservation of
nature and natural resources .
Whereas the protection of natural and semi-natural habitats and of wild
fauna and flora constitutes an important element of environmental
policy ; whereas the decline ia the quality of habitats and in the number
of wild fauna and flora represents a serious threat to the conservation
of the natural environment;'
Whereas the threats affecting habitats and species of wild fauna and
flora may also be of a transfrontier nature ; whereas it is therefore in
particular necessary to undertake action to protect those habitats and
species at a Community level ; whereas for the determination of the
species to be protected , account should be taken of environmental
conditions in the various regions of the Community ;
1
  0J No C 328 , 7.12.1987, p. 1 .
 ---pagebreak---                                                                                        2 .-
 Whereas the conservation , protection and improvement of the
 environment are       essential objectives of general interest pursued by the
Community , as is stated in Article 130r of the Treaty ;
 Whereas it is not appropriate to include in this Directive habitats
 and wild fauna and flora of the non-European territories of the Member
 States due to fundamentally different biological and climatic
 characteristics ;
 Whereas territories sufficient in number and size to ensure the
maintenance of threatened species and the protection of threatened
habitats should be classified as special protection areas according to a
carefully-defined schedule ;
Whereas in view of the urgent need for action to protect certain
 threatened habitats , it is necessary that the ten most important areas
 in the Community be identified and classified as special protection
 areas within a very short period of time ;
 Whereas all classified areas , including those classified under Council Directive
 79/409/EEC of 2 April 1979 on the conservation of wild birds\ should become part of a
 European Network aimed not only at protecting and improving existing
 natural resources and reestablishing degraded or destroyed habitats but
 also at making the best use of those resources , adequately preserved in
 their biological diversity ; whereas the European Network will thus contribute
to achieving the objective of prudent and rational utilization of
natural resources ;
Whereas therefore the classification of special protection areas will
play an important role in the overall strategy for the protection of the
environment , since it will contribute to a satisfactory balance between
nature protection and economic development , based on better use of local
10J No L 103, 25.4.1979, p. 1
 ---pagebreak--- resources and diversification of economic activities as well as new
forms of land management ;
Whereas such classification of special protection areas should not mean
that excessive exploitation of nature should be allowed in non-protected
areas and whereas appropriate land management also outside the
classified areas should ensure the sustainability of the biological
systems connecting these areas ;
Whereas there is a need to protect distinct features of the landscape ;
Whereas provision should be made for the possibility of derogations from
the obligations to classify special protection areas given specific
socio-economic conditions , provided the coherence of the European
Network and its conservation potential for the habitats and species
concerned is fully maintained;
Whereas it might be necessary to take initiatives to promote common or
coordinated management of transfrontier areas of major importance for
the conservation of threatened species of wild fauna and flora and the
maintenance of wilderness areas , as well as the transfer of know-how
with regard to the management of special protection areas ;
Whereas the national , regional and local planning and development
policies should take into account the conservation of habitats and wild
fauna and flora and therefore all projects , all development plans or
programmes likely to affect special protection areas . should be made
subject to environmental impact assessment and whereas for this end
                            1
Council Directive 85/337/EEC should be amended;
Whereas a general system of protection is required for certain species
of flora and fauna not already covered by Directive 79/409/EEC;
10J No L 175, 5.7.1985, p. 40
 ---pagebreak--- Whereas exploitation of certain species , whose biological status so
requires , should be subject to a management plan , and whereas with the
framework of such management plans no undue burdens should be placed on
industry or commerce ;
Whereas certain means of capture or killing and hunting from certain
modes of transport must be banned because of the excessive pressure
which they exert or may exert on the numbers of the species concerned or
because of unnecessary cruelty ;
Whereas , because of the importance which may be attached to certain
specific situations , provision should be made for the possibility of
derogations on certain conditions and subject to monitoring by the
Commission ;
Whereas the Commission should prepare periodically a composite report
based among other things on the information forwarded by the Member
States regarding implementation of national provisions taken under the
Directive;
Whereas the conservation of natural and semi-natural habitats and of
wild fauna and flora still presents problems which call for scientific
research and evaluation ,
Whereas it is appropriate for the Council to adopt amendments to the
articles of the Directive under the procedure provided for under Article
130s of the Treaty ;
Whereas it is necessary to adapt certain annexes rapidly in the light of
technical and scientific progress ; whereas , to facilitate the
implementation of the measures needed for this purpose , provision should
be made for a procedure establishing close cooperation between the
Member States and the Commission in a Committee for Adaptation to
Technical and Scientific Progress ,
 ---pagebreak--- Whereas all necessary measures should be taken to ensure the monitoring
of the biological communities and the populations of threatened species
for which full habitat protection Is required ;
Whereas care should be taken in consultation with the Commission to see
that the introduction of any species of wild fauna and flora not
naturally occurring in the European territory of the Member States does
not cause harm to local flora and fauna ,
HAS ADOFTED THIS DIRECTIVE :
 ---pagebreak---                                GENERAL PROVISIONS
                                    Article 1
The aim of this     Directive is to conserve natural and semi-natural
habitats and wild fauna and flora in the European territory of the
Member States to which the Treaty applies , including maritime areas
under the sovereignty or jurisdiction of the Member States .
                                    Article 2
Member States shall take the requisite measures to maintain the
abundance and diversity of wild fauna and flora at a level which
corresponds in particular to ecological , scientific and cultural
requirements and the needs of sub-species , varieties , forms and
populations at risk locally , while taking account of economic and
recreational requirements .
                                    Article 3
For the purposes of this Directive
 (a ) " threatened" species means :
- endangered species , i.e. taxa in danger of extinction and whose
survival is unlikely if the causal factors continue operating . Included
 ---pagebreak--- are taxa whose numbers have been reduced to a critical level or whose
habitats have been so drastically reduced that they are deemed to be in
immediate danger of extinction ,
and
- vulnerable species , i.e. taxa believed likely to move into the
endangered category in the near future if the causal factors continue
operating . Included are taxa of which most or all the populations are
decreasing because of over-exploitation , extensive destruction of
habitats or other environmental disturbance ; taxa with populations that
have been seriously depleted and whose ultimate security is not yet
assured ; and taxa with populations that are still abundant but are under
threat from serious adverse factors throughout their range ,
and
- narrow endemic species under latent threat .
 ---pagebreak--- < b ) " habitat " means :
- the normal abode , natural home or locality of a named species or
population of a named species ;
- a distinctive type of terrain , site or location , distinguished by
physical , geographical , vegetational or other features .
 ( c ) " threatened habitat " means :
type of environment characterised by a complex of abiotic conditions and
a specific biotic community , exposed to the risk of disappearance or
degradation because of its scarcity or because of the fragility of the
ecological conditions or because of the fragility of its more
specialized and characteristic species or because of its tendency to
rarif ication . In this context " disappearance" means the passage to
another category in a general classification of habitats and
" degradation" means the reduction of its most characteristic elements
without any change of category .
 (d ) " specimen" means :
any animal or plant , whether alive or dead , of the species specified in
accordance with Annex II and Annex III to this Directive , any part or
derivative thereof , as well as any other goods which appear from an
accompanying document , the packaging or a . mark or label , or from any
other circumstances , to be parts or derivatives of animals or plants of
these species .
 < e > " régions" means :
the geographical units defined in the nomenclature of territorial units
for statistics (NUTS) of EOROSTAT , Statistical Office of the European
Community :
 ---pagebreak--- - on level II for Greece, France, Italy, Portugal, Spain and the Uhited
Kingdom,
- on level    I for the other Member States .
                               PBQTECTIQB QF HABITATS
                                       Article 4
Member States shall take the requisite measures to conserve the natural
and semi-natural habitats of wild fauna and flora , with particular
attention to the habitats of threatened species , especially threatened
species endemic to the European territory of the Member States , and
threatened natural and semi-natural habitats , in accordance with the
provisions of this Directive.
                                        Article 5
1.     Habitats of the species specified in accordance with Annex I and
the types of habitat specified in accordance with Annex IV shall be the
subject of special conservation measures in order to ensure the
maintenance of the species concerned at a satisfactory level in their
area of natural distribution as well as the conservation of the habitats
concerned in all the regions where they occur .
2.     Member States shall , within two years after the expiry of the
period laid down in Article 27 , classify as special protection areas
those areas which they consider correspond to the criteria set out in
Annex V(a ) .   If , after the expiry of that period, the ten most important areas in the
 Community have not been classified by Member States , the remaining areas
 ---pagebreak--- to be classified shell be identified by the Commission during the
fn . losing year in accordance with the prooedur* laid down ir. Articla 23 ,
and shall be classified by the Camber States accordingly within one
year , following the decision of the Comal set on .
3.      Vithin , at the latest , eight years after the expiry of the
period laid down in Article 27 , Member States shall classify as special
protection areas territories sufficient in number and size to ensure :
 <i >   the maintenance of the species specified in accordance with Annex
I at a satisfactory level in all regions where they occur,
( ii >  the protection of the threatened habitats specified in accordance
with Annex IV with their associated fauna and flora in all
regions where they occur .
In classifying these areas , Member States shall apply in particular the
criteria set out in Annex V(b ). They shall at least take into account
the timing and priorities set out in the Joint Programme mentioned in
Article 6(2).
4.      Member States shall send the Commission all relevant information
on each area which they classify under paragraphs 2 and 3 , using in
particular the form specified in accordance with Annex VI .
5.      For the areas covered by paragraph 3 , Member States may derogate
from the criteria set out in Annex V(b ) if on the basis of scientific
evidence and environmental impact assessment the authority competent for
nature protection is satisfied that , within the area for which it is
responsible , the coherence of the European letwork mentioned in Article
6 and its conservation potential for the habitats and species concerned
is fully maintained . The reasons for such derogations shall be made
public ani notified to the Commission .
 ---pagebreak---                                   Article 6
1.     Member States shall assist the Commission la the creation of a
European letwork of classified special protection areas named " BATURA
2000". The European Hetwork shall consist of areas classified
under Directive 79/ 409 /EEC , as well as those classified under this
 Directive . Unless notice Is given to the contrary before the expiry
of the period laid down under Article 27 , areas classified by the Member
States under the Ramsar Convention shall also be  considered as classified
under this Directive . The European letwork shall be composed of areas
sufficient in number and size to ensure the neintenance of the species
specified in accordance with Annex 1 at a satisfactory level as well as
the conservation of the types of habitats specified in accordance with
Annex IV , in all regions where they occur . The European Network
should ensure that these territories form a coherent whole which meets
the protection requirements of the above-mentioned species and habitats
in the geographical land and sea area to which this Directive applies .
2.     Vithin 2 years after the expiry of the period laid down in
Article 27 , the Commission shall adopt a Joint Programme for the
development and strengthening of the European network in accordance with
the procedure laid down in Article 23.       The Joint Programme shall be
reviewed at the end of the eight-year period specified in
Article 5(3 ). The Joint Programme shall furthermore specify the measures
to be taken at the appropriate levels of competence by the Community and
 the Member States in order to back up the implementation of the
 Directive . Such measures may include the requirements for protection ,
training infrastructure and management plans , research and studies ,
 field experiments , monitoring schemes and necessary resources .
                                  Article 7
 1.     In respect of the special protection areas referred to in
 Article 5(2 ) and ( 3 ), Member States shall take appropriate steps to
 ---pagebreak--- avoid pollution or deterioration of habitats or any disturbances
affecting fauna and flora , insofar as these would have significant
effects , having regard to the objectives of this Directive , on the
species or types of habitats for which the area has been classified .
2.       Member States shall consider in particular the appropriate protection status to be
given to areas as referred to in paragraph 1 , and the setting ip of integrated management
P1 ans in accordance with the ecological needs of the species and types
of habitat concerned .       A common typology for the classification of
protected areas at European level shall be adopted in accordance with the
procedure laid down in Article 23.
3.      Vhere necessary to ensure a satisfactory conservation status of a
species Member States shall envisage the re-establishment of destroyed or degraded
biotopes or the creation of new ones .
                                        Article 8
1.       Outside the classified special protection areas referred
 to in Article 5(2 ) and ( 3 ), Member States shall also strive to avoid
pollution or détérioration of natural and semi-natural habitats .
2.      Member States shall furthermore take measures to ensure the protection of
distinct features of the landscape , including in particular those
specified in accordance with Annex VII , which are of outstanding local
importance to wildlife .
3.      Member States may allow derogations , limited to the
  minimum area necessary , from paragraph 2
if their impact can be counterbalanced , so that they have no adverse
effects on the sustainability of the biological systems connecting the
special protection areas or on a pecies whose conservation cannot be
 ensured solely through the designation of special protection areas .
 ---pagebreak---                                          Article 9
Member States shall assist the Commission in promoting :
 (a) common or coordinated management of transfrontier areas of major
importance for the conservation of species of wild fauna and flora
specified in accordance with Annexes I and II or for the protection of
the threatened habitats specified in accordance with Annex IV ;
 (W the maintenance of wilderness areas throughout the
Community ;
 (c) the transfer of know-how with regard to the management of special
protection areas .
                           ENVIRDNKENTAL IMPACT ASSESSMEKT
                                        Article 10
Member States shall take the necessary measures to incorporate
safeguards in national , regional and local planning and development
policies to ensure that damage to natural and semi-natural habitats and
loss of wild fauna and flora ( with particular reference to populations
or colonies of threatened species ) is avoided .
They shall also ensure that persons involved in the plarrving and
implementation of these policies, as well as the general public, are adequately
 informed as to the requirements of this Directive .
 ---pagebreak---                                                                                 14 .
                                     Artide 11
 Directive 85 / 337 / EEC is hereby amended as follows :
(a) The following stbparagraphs are added to Article 4(2):
 " However , all projects which are located in or are likely to affect the
 conservation potential of a special protection area forming part of the
 European Network established under Directive              / EEC shall be made
 subject to an assessment in accordance with Articles 5 to 10 .
 All development plans or programmes likely to affect special protection
 areas shall be made subject to an equivalent assessment ."
(b) The following sifcparagraph is added to Article 6(1 ):
 " Member States shall ensure that the authorities responsible for .
 the protection and management of special protection areas , and other
 relevant bodies likely to be concerned by the project , development plan
 or programme , are closely   associated in the assessment procedures and
 that their final opinion is made public ."
                               PROTECTION QF SPECIES
                                     Article 12.
 1.      Member States shall take the requisite measures to establish a general
 system of protection for animal species specified in accordance with
 Annex II ( a ), prohibiting in particular :
  (a ) all forms of taking , capture and deliberate destruction , injury or
 killing ;
 ---pagebreak---                                                                                      15 .
   ( b > deliberate disturbance , particularly during the period Df breeding ,
 rearing and hibernation , insofar as disturbance would be significant in
 relation to the objectives of this Directive;
  ( c ) the deliberate destruction or taking of eggs from the wild or
  the keeping of such eggs even if empty;
  ( d ) the keeping and sale of specimens taken from the wild .
 2.         The prohibitions referred to under (a), (b) and (d) of paragraph 1 shall
   apply to all life stages of the animals to which this Article applies .
                                          Article 13
 1.         Member States shall take the requisite measures to establish a
 general system of protection for the plant species specified in
 accordance with Annex 1 1 ( b ), prohibiting in particular :
         the picking, collecting , cutting , uprooting or destruction of such
 plants in the wild ;
 (b ) the keeping and sale of specimens of such species taken in the
wild .
2.          The prohibitions referred to under (a ) and (b) of paragraph 1
shall apply to all life stages of the plants to which this Article applies,
                                           Article 14
1.         Member States shall take the requisite measures to ensure the
protection of the wild fauna and flora species specified in accordance
with Annex III .
 ---pagebreak---                                                                                  16
 2.      Exploitation , whether commercial or otherwise , of the species specified
 in accordance with Annex III (a ) should only be permitted of species
whose population is shown to be stable or increasing and exploitation
must be sustainable . Such exploitation shall be subject to a management
plan with the aims specified in Annex VIII in order to keep wild populations of
those species at a satisfactory level and to avoid causing local
disappearance of or serious disturbance to populations .
3.       Member States shall prohibit the uprooting of living wild plants
specified in accordance with Annex 1 11(b ) in whole or in part ( or the
removal of their bulbs , corms , rhizomes and / or rootstocks in whole or in
part ) for commercial use or sale except for species :
(a) whose population is shown to be stable or increasing , and
(b) whose exploitation is sustainable . Any such exploitation shall be
subject to a management plan with the aims specified in Annex VIII .
4.       Member States shall take the requisite measures to prohibit the sale of
and trade in plants or parts of plants specified in accordance with
Annex 111(b ) ( including their bulbs , corms , rhizomes and / or rootstocks )
uprooted from the wild , except where exploitation is subject to a
management plan with the aims specified in Annex VIII . Such measures
  shall cover        offering or exposing for sale and transporting for the
purpose of sale .
5.       Member States shall , where appropriate , take other measures , in
particular :
 (a ) closed seasons and / or other procedures regulating exploitation;
 ( b ) temporary or local prohibition of exploitation, in order to
restore satisfactory population levels ;
 ( c ) regulation of the sale, keeping for sale, transporting for sale
or offering for sale of specimens .
 ---pagebreak---                                                                            гл
                                  Article 15
In respect of the capture or killing of wild fauna species specified in
accordance with Annex III ( a ) and In cases where , In accordance with
Article 17 , derogations are applied to the taking , capture and killing
of species specified in accordance with Annex 11(a )/ Member States shall
take measures to prohibit :
(a) the use of the means specified in Annex IX ( a );
•"b) the manufacture , sale and use of the non-selecti ve devices for
capture or killing listed in Annex IX(b );
(c) any hunting from the modes of transport mentioned in Annex IX (c ).
                                   Article 16
 Member States shall take the requisite measures to ensure that inshore
 fishing and protection of crops with nets are not detrimental to the
 conservation of threatened species specified in accordance with Annex
 II , and/ as far as possible / other species of wild fauna and flora .
                                   Article 17
 1.      Member States may derogate from the provisions of Articles 12, 13
 and 14 and from the prohibition of the use of the means mentioned in
 Article 15 (a ) provided that there is no other satisfactory solution and
 that the exception will net be detrimental to the maintenance of
 satisfactory levels of the populations concerned in their area of natural
 distribution :
  (a ) for the protection of wild fauna and flora ;
 ---pagebreak--- Cb ) to prevent serious damage to crops , livestock , forests , fisheries ,
water and other forms of property ;
(c ) in the interests of public health and safety ;
( d ) for the purposes of research and education , of repopulation , of
reintroduction and for the breeding necessary for these purposes , and
for the articifical propagation of plants ,
(e ) to permit , under strictly supervised conditions , on a selective
basis and to a limited extent , the taking or keeping of certain wild
animals and plants in small numbers .
2.        Member States shall report to the Commission each year on the
derogations applied under this Article.
3.        The reports must specify :
 ( a ) the species which are subject to the derogation ;
 ( b ) the means , arrangements or methods authorized for capture or
killing ;
 (c ) the conditions of risk and the circumstances of time and place under
which such derogations may be granted ;
 (d ) the authority empowered to declare that the required conditions
obtain and to decide what means , arrangements or methods may be used ,
within what limits and by whom;
  ( e ) the controls   which will be carried out .
 ---pagebreak---                                         Artide 18
 Measures taken by Member States in Implementation of this Directive
 shall in no way affect their obligations under the provisions of
 Community legislation on the implementation in the Community of the
 Convention on international trade in endangered species of wild fauna
 and flora .
                                        IPFQRMATIQE
                                         Article 19
 1.     Member States shall , at the end of the period specified
  in Article 5(2 ^ and every three years thereafter , make a full report on
 the implementation of national provisions taken under this Directive .
 This report shall be made available to the public and forwarded to the
 Commission .
 2.     The Commission shall prepare a composite report based on the
 information referred to in paragraph 1 and on research results obtained
 within the Community Environmental R & D Programme . This report shall
 include an appropriate evaluation of progress achieved under the
Directive .      That part of the draft report covering the information
supplied by a Member State shall be forwarded to the authorities of the
Member State in question for verification . The final version of the
report shall be published by the Commission and forwarded to the Member
States , the Parliament and the Council .
3.       Each year the Comnission shall publish in the Official Journal of the European Comnunities the
list of classified areas communicated by Member States . Member States
shall ensure that areas classified under this Directive are clearly
marked by notices specified in accordance with Annex X.
 ---pagebreak---                                                     7
                                                   ,/
                                                                                              20 .
                                              Ai
                                             7
                                                        RESEARCH
                                                       Article 20
                                      î*r Ys
                                          V\    /
                                    ,'7-v*
                 1.     Menber>-St.&fes shall’' encourage research and any work required as a
                 basi^^-f Drvtfie protection , management and use of the populations of all
                 fepeeies of wild fauna and flora referred to in Article 1 .
 "S'f'l- ■ - -■
                 2.     Particular attention shall be paid to research and work on the
                 subjects specified in accordance with Annex XI , and transnational
                 cooperative research shall be encouraged . Member States shall provide
                 the Commission with any information required to enable it to take
                 appropriate measures for the coordination of the research and work
                 referred to in this Article .
                 3.     Member States and the Commission shall promote multidisciplinary
                 analysis and evaluation with a view to increasing scientifically-based
                 knowledge to which the measures carried out under this Directive can be
                 anchored . Such information should be made available to the public .
                                                  AMENDMENT PROCEDURE
                                                      Article 21
^               Any amendment to Articles of this Directive shall , in accordance
                with the second paragraph of Article 130s of the
                Treaty , be decided by the Council by qualified majority .
                                                      Article 22
                1.     Where Articles of this Directive provide for the specification
               of matters in accordance with the Annexes , these
               matters shall be adopted in accordance with the procedure laid down in
 ---pagebreak--- Article 23 within one year following the notification of the Directive .
2.      Such amendments as are necessary for adapting the
Annexes to technical and scientific progress shall be adopted in
accordance with the procedure laid down in Article 23 .
                                        Article 23
 1.      The Commission shall be assisted by a Committee for the adaptation
 of this Directive to technical and scientific progress consisting of
 representatives of the Member States and chaired by a representative of the Commission.
 2.      The representative of the Commission shall submit to the Committee
  a draft of the measures to be taken . The Committee shall deliver its
  opinion on the draft within a time limit which the Chairman may lay down
  according to the urgency of the matter. The opinion shall be delivered
  by the majority laid down in Article 148(2) of the Treaty in the case of
   decisions which the Council is required to adopt on a proposal from the
   Commission . The votes of the representatives of the Member States
   within the Committee shall be weighted in the manner set out m that
   Article .   The Chairman shall not vote .
  3.      The Commission shall adopt measures which shall apply immediately .
  However , if these measures are not in accordance with the opinion of the
  Committee , they shall be communicated by the Commission to the Council
  forthwith .    In that event :
       - the Commission say defer Application of the meAeures which it hns
  decided for a period of not more than one month from the date of such
  communication ;
        - the Council, acting by a qualified majority , may take a different
   decision within that period .
 ---pagebreak---                                MQÏÏITOKING
                               Article 24
1.    Member States shall take all necessary measures to ensure the
monitoring of the biological communities and the populations of species
specified in accordance with Annex I and in the areas classified under
 ---pagebreak---                                                                            23 .
   Article 5 . Member States shall send the Commission the information
   resulting from monitoring , so that it may take appropriate initiatives
   with a view to the coordination necessary to ensure the fulfilment of
   the objectives of this Directive .
  2.     The Community and the Member States shall cooperate to ensure
   consistency of monitoring and measurement methods .
                          SUPPLEMENTARY PROVISIONS
                                  Article 25
  In implementing the provisions of this Directive , Member States shall :
(a )    encourage the reintroduction of native species of wild flora and
fauna when this would contribute to conservation,, provided that an
investigation also in the light of the experiences of other Member
States or elsewhere has established that such reintroduction would be
effective and acceptable ;
 ( b ) ensure that the introduction into the wild of any species which do
not occur naturally in the wild state in that region does not prejudice
the local fauna and flora or its natural habitats .    In this connection
they shall consult the Commission ;
 (c )   promote education and general information on the need to conserve
species of wild fauna and flora and their habitats .
 ---pagebreak---                                                                           24
                                 Artide 26
 Application of measures taken pursuant to this Directive shall net
 lead to any deterioration in the present situation as regards the
 conservation of species and communities of wild fauna and flora referred
 to in Article 1 .
                                 Article 27
 1.    Member States shall bring into force the laws , regulations and
 administrative provisions necessary to comply with this Directive within
 two years of its notification . They shall forthwith inform the
 Commission thereof .
2.     Member States shall communicate to the Commission the texts of the
provisions of national law which they adopt in the field governed by
this Directive .
                                   Article 28
This Directive is addressed to the Member States .
Done at                                       For the Council
 ---pagebreak--- ANNEX I
The animals and plants to be specified under this Annex are those whose
 habitats are threatened in the Community .
  ( a'» Animais
  ( b ) Plants
 ANNEX II
 The species of animals and plants to be specified under this Annex are
 those which are threatened in the Community
   ( a ) Animais
   ( b ) Plants
 ANNEX III
 The animals and plants to be specified under this Annex are those whose
 exploitation should be subject to a management plan .
 ( a ) Animais
 ( b ) Plants
ANNEX IV
The natural and semi-natural habitats to be specified under this Annex
are those that are threatened in the Community .
 ---pagebreak---  ANNEX VI
The information to be specified for the transmission of data about the
classification of special protection areas .
ANNEX VII
The types of distinct landscape features to be specified under this
Annex are those of outstanding local importance to wildlife .
ANNEX X
The notices to be specified under this Annex should show the
classification of areas as special protection areas .
ANNEX XI
The research to be specified under this Annex should provide a basis for
the protection , management and use of all species of wild fauna and
flora referred to in Article 1 .
 ---pagebreak---                                        ANNEX V ( a )
   Criteria for classification of areas as special protection areas of
   European Significance for Nature Conservation to be applied within the
   first 2 years after entry into force of the Directive .
   The criteria fcr the classification of areas as special protection areas
   of importance for nature conservation at Community level are :
   Criterion 1 ) the presence of threatened species of animals or plants ;
   Criterion 2 ) the presence of threatened habitats .
   For application of criterion 1 ), at least those areas should be
   classified which meet one or both of the following conditions :
   - they are among the 10 most important areas in the Community for the
  -s-ofiServation of each of the species specified in accordance with Annex
   I;
  - they are among the two most important areas in a region for the
  conservation of the species specified in accordance with Annex I insofar
  as that region contains areas of regional significance for those
 species .
 For the purpose of assessing the importance of areas, size of the area ,
 population harboured and perennity shall be used .
 For application of criterion 2), at least those areas should be
classified which meet one or both of the following conditions :
      they are among the 10 most important areas in the Community for the
conservation of each of the habitat types specified in accordance with
Annex IV ;
 ---pagebreak---                                                                   ( Annex V(a ) cont 'd )
                                                                                          2S
    they are among the two most important areas in a region for the
conservation of each of the habitat types specified in accordance with
An^ex IV insofar as that region contains areas of regional significance
for that haoitat type . Size and representat i vity shall be used to assess
importance of the areas .
 ---pagebreak---                                 AMEX V ( b )
Criteria for classification of areas as special protection areas of
European Significance for Nature Conservation .
The criteria for the classification of areas as special protection areas
of importance for nature conservation at Community level are based on :
Criterion 1 ) the presence of threatened species of plants or animals ;
Criterion 2 ) the presence of threatened habitats ;
Criterion 3 ) the richness of the area for a taxonomic group (order ,
family ) .
For application of criterion 1 ) at least those areas should be
classified which meet one or both of the following conditions :
- they are among the 100 most important areas in the Community for the
conservation of each of the species specified in accordance with Annex
I;
- they are among the 5 most important areas in a region for the ^– -
conservation of each of the species specified in accordance with Annex I
insofar as that region contains areas of regional significance for
those species .
For the purpose of assessing the importance of areas , size of the area ,
population harboured and perennity shall be used .
For application of criterion 2 ) at least those areas should be
classified which meet one or both of the following conditions :
- they are among the 100 most important areas in the Community for the
conservation of each of the habitat types specified in accordance with
Annex IV ;
 ---pagebreak---                                                                                    3®
                                                                   Annex V(b ) cont 'd
- they are among the 5 roost important areas in a region ior the
conservation of a each of the habitat types specified in accordance with
Annex IV insofar as that region contains areas of regional significance
for that habitat type . Size and representativity of the areas shall be
used to assess their importance .
Member States may classify less than 5 areas in a region or , in the case
of species specified in accordance with Annex I where the . whole
Community population is concentrated in their territory , less than 100
areas if :
a' r.o unclassified area is more important than others already classified
in tne same region , and
b > more than half of the areas that could qualify have been classified
in a region , and
c .) more than half of the regional population of the species is harboured
in special protection areas .
In cases of species and types of habitats with very limited distribution
involving more than one Member State , decisions as to how to apply the
criteria will be taken in accordance with the procedure laid down in
art .  23 .
For Criterion 3 ) areas should be included in addition to those which
satisfy Criterion 1 or Criterion 2 if they are exceptionally rich in
significant species of one or several taxonomic groups .
 ---pagebreak---                                 ANNEX VIII
    MANAGEMENT PLAN FOR EXPLOITABLE SPECIES OF MILD FAUNA AND FLORA
          SPECIFIED IN ACCORDANCE WITH ANNEXES 1 1 1 ( a ) AND III ( b )
The management plan mentioned in Article 14 , paragraph 2 , must aim to
ensure  :
a ) that exploitation is sustainable ,
b ) that exploitation will be properly regulated , monitored and annually
    re-assessed to ensure that the population is remaining stable or
    increasing ,
c ) that exploitation will not affect the capacity of populations of the
    exploited species at individual localities to recover from natural or
    artificial losses .
 ---pagebreak---                                      ANNEX lX
                Prohibited methods and meins of capture and killing
                               and modes of transport
       MAMMALS
£ •)  -  snares
      - live animals used as decoys which are blind or mutulated
      - tape recorders
      - electrical devices capable of killing or stunning
      - artificial light sources
      - mirrors and other dazzling devices
      - devices for illuminating targets
      - sighting devices for night shooting comprising an electronic image
         magnifier or in*g e converter
      - explosives
      -  nets
      - traps C*î
      - crossbovs
      - poisons and poisoned or aneesthetic bait
      – gasing or smoking out
      - semi automatic or automatic weapons with a magazine capable of holding
         more than two rounds of ammunition
£b ) -              leghold trap
      - self locking body snare
( c ) - aircraft
      - motor vehu les   m motion
      H SH
( a ) poison
      explosives
    (*) If applied for large-scale or non-selective capture or killing
 ---pagebreak---                                                                         33
           COMPETITIVENESS AND EMPLOYMENT IMPACT STATEMENT
i .  Wh.it is the main reason for introducing the measure ?
     Protection of natural and semi-natural habitats and of wild
     fauna and flora .
ii . Features of the businesses in question .          In particular :
      (a )     Are there many SMEs ?
               No
      (b)      Are they concentrated in regions which are :
               i . eligible for regional aid in the Member States ?
               ii . eligible under the ERDF ?
               Apart from the manufacture of traps which close on
               legs and which are mainly found in France , Greece ,
               Spain , Portugal and the United Kingdom , the measures
               advanced in the Directive are not likely to have and
               unequal effect in the regions of the Community .
m .  What direct obligations does this measure impose on
     businesses ?
      By virtue of Articles 12 and 13 the acquisition and the
      sale of wild specimens of the species specified in
      accordance with Annexes II     ( a ) and II ( b ) are forbidden .
      There is nevertheless the possibility of derogations where
      there is no other satisfactory solution and where the
      derogation does not endanger the maintenance of the
      population concerned . These possibilities are stipulated
      in Article >7 . Further , Article » 7. stipulates that the
      commercial exploitation of the species specified in
      accordance with Annexes III ( a ) and III ( b ) must be the
      subject of a management plan which aims to ensure that the
      populations of these wild species are maintained at a
      satisfactory level and in order to avoid the local
      disappearance of the serious perturbations of these
      species . By virtue of Article 15 , the manufacture of traps
     which close on legs and the manufacture of self-tightening
      nooses is forbidden .
 ---pagebreak---                                 - 2 -
IV .  What indirect obligations are local authorities likely to
      impose on businesses ?
      The special protection areas classed by the Member States
      can , depending on need , be the subject of management plans
      aiming in particular at safeguarding economic activities
      which take place there and , everywhere , ensuring that the
      activities which are established or which develop there are
      fully compatible with the conservation of natural and
      semi-natural habitats and the wild fauna and flora which
      occur there . By virtue e of Article 11 , Article 4 ,
      paragraph 2 , of the directive 85 / 337 / EEC will be modified
      so as to ensure that all projects which are located in or
      are likely to affect the conservation potential of a
      special protection area classified under the present
      directive , shall be made subject to an environmental impact
      assessment in accordance with Articles 5 to 10 .
      All development plans or programmes likely to affect
      special protection areas shall be made subject to an
      equivalent assessment .
V.    Are there any special measures in respect of SMEs ?      Please
      specify .
      No
VI .  What is the likely effect on :
      (a )    the competitiveness of businesses
              None
      (b)     employment
              Minimal effects
VII . Have both sides of industry been consulted ?
      Consultations foreseen within the framework of the normal
      run of Community Institutional processes .