Protection assessment of Natura 2000
network areas in Poland – main problems
Marzena Modrowska
Krzysztof Suliński
Ministry of the environment in Poland
Protection assessment of Natura 2000 network areas in Poland – main
problems
The European Natura 2000 network is a net of areas
under protection which are appointed in the territory of
European Union countries. The aim of appointment this
areas is to conserve natural habitats or species which
are endangered, endemic representative for biological
diversity on European continent.
Poland in connection with accession to European Union
was obligated to set up a Natura 2000 network on its
territory.
Poland applied the same criteria which are used in all
European Union countries.
Protection assessment of Natura 2000 network areas in Poland – main
problems
Legal basis to set up of Natura 2000 network are:
Councils Directive 92/43/EWG the so-called „Habitat
Directive” for natural habitats and Fauna and Flora
species listed in appendices I and II to this Directive
from 21’th May 1992 year (changed by Directive
97/62/EWG)
Councils Directive 79/409/EWG the so-called „Bird
Directive” for species listed in appendices I to this
Directive from 2’ nd April 1979 year (changed by any
Directives)
Protection assessment of Natura 2000 network areas in Poland – main
problems
Both „Habitat Directive” and „Bird Directive” were implemented into Polish Law
by Nature Protection Law from 16’th April 2004. This act came into force
from 1 May 2004 and initiate new form of protection – Natura 2000 areas.
The European Ecologic Network Natura 2000 contain:
Special areas for bird protection – (Special Protection Areas – SPA)
identified by „Bird Directive”
Special areas for habitat protection – (Special Areas of Conservation – SAC)
identified by „Habitat Directive”

Protection assessment of Natura 2000 network areas in Poland – main
problems
Since Poland accession to European Union Ministry of the Environment sent to
the European Commission list of 256 areas which have been proposed to be
protected by Natura 2000 network on 9,3 % areas in Poland. There are:
Special areas for bird protection (72) – 7,8 % areas in Poland and at Baltic
sea
Special areas for habitat protection (184) – 3,6 % areas in Poland and
at Baltic sea
Protection assessment of Natura 2000 network areas in Poland – main
problems
Protection assessment of Natura 2000 network areas in Poland – main
problems
Ministry of the Environment, which were obliged by directive to protect bird and
habitat areas, set up 72 special areas for birds protection as first areas for
Natura 2000 network.
This areas are named in Ministry of the Environment regulation from 21’th July
2004.
Although Ministry of the Environment regulation for habitat areas will come into
force after final acceptation of Polish proposals by European Commission
Poland is already obliged to protect those areas which were sent to the
European Commission as proposal.

Protection assessment of Natura 2000 network areas in Poland – main
problems
Proces of building Natura 2000 network is still open. It means that each country
can add new areas to this network, but also European Commission can
demand to add new areas by Governments in this countries, such a situation
happened in Poland.
Excepts of official list of protected areas which were sent by Polish Ministry of
the Environment to the European Commission exists another list which was
prepared by NGO’s. It’s so called „Shadow list” according to there are more
areas recommendet to be protected. There are:
Special areas for bird protection (141) – 15 % areas in Poland and at Baltic
sea
Special areas for habitat protection (336) – 9,4 % areas in Poland and
at Baltic sea
Protection assessment of Natura 2000 network areas in Poland – main
problems
According to remarks of the European Commission that official list which were
sent by Polish Ministry of the Environment is not complete for habitat protection,
Polish Ministry of the Environment prepares a new list based on „Shadow list”.
There are 110 new areas (3,4 % areas in Poland) which will be presented in the
middle of this month to the European Commission.
According to Nature Protection Law, plan or project of investment which could
have a direct negative impact on Natura 2000 areas have to be examined by
authority during admistrative procedure which are described in the
Environmental Protection Law (EIA or SEA procedure).
Protection assessment of Natura 2000 network areas in Poland – main
problems
Problem areas:
- collision of obligations after polish accession to European Union
During implementation of EU legislation into polish law, Poland has
implemented a lot of directives. Directives and international Conventions has a
lot of barriers, rules in environmental protection but also made a lot of limitation
in localisation of investments.
Also preparing to the EU accession Poland was obliged to correct the quality of
polish roads and rebuild roads to the European standards, particularly on TINA
(Transport Infrastructure Needs Assessment) network.
This situation caused many collisions. One of Polish examples is Via Baltica
road which has special meaning for the region and is the main road between
North and South Europe.
Protection assessment of Natura 2000 network areas in Poland – main
problems
Problem areas:
- principle of precaution from Treaty which create European Community
This is obligation to execute environmental impact assessment procedure for
plans or projects of investments which may have a negative impact to the
Natura 2000 areas which are put down on a national list or are named in habitat
directive.
Especially for projects which could be cofinanced by EU funds.
Protection assessment of Natura 2000 network areas in Poland – main
problems
Problem areas:
- lack of strict information about borders of Natura 2000 network and problems
with a scale of maps.
- quality of EIA statements
(Status review and environmental valorisation, updating of available materials
and presentation of this topics in cartographic form, analyses and evaluation of
variant proposals, method of evaluation, reason of variant solution, finding of
measures which can minimalise negative impacts and defining activity of
environmental compensation)
Actually Ministry of the Environment is preparing guidances about methodology
of analyse of investment impacts on Natura 2000 areas