TENTH MEETING OF THE EXPERT GROUP ON THE MANAGEMENT OF NATURA 2000 DRAFT MINUTES 23 October 2013 Beaulieu, Salle C, 1040 Brussels Present : Representatives of Member States and stakeholders Chair: Micheal O’Briain and François Kremer (DG ENV) NB: All ppts, background papers etc referred to below are available on the following CIRCABC site: https://circabc.europa.eu/w/browse/78d90d1a-14b4-4658-91b9-70c9c1599e92 1. & 2. Adoption of agenda and agreement on minutes of last meeting There were no comments on the agenda or the minutes of the last meeting. 3. Establishing conservation measures for Natura 2000 sites Micheal O’Briain (DG ENV) reminded participants of the various documents that had been prepared on this issue, including a Commission note establishing conservation measures for Natura 2000 sites and a report summarizing good practices from different Member States. Both documents are now finalized. Concha Olmeda (N2K-Atecma) briefly presented the main changes since the last draft of the Guidance document on 'Establishing conservation measures for Natura 2000 Sites A review of the provisions of Article 6.1 and their practical implementation in different Member States'. In response to questions raised, it was agreed that weblinks would be included in the reference list at the back of the guidance document but that the document’s annex would not be further updated. The final draft of the guidance document will be presented for endorsement to the Habitats Committee at its 2014 spring meeting. All three Commission notes on SAC designation, setting conservation objectives and establishing conservation measures are now on the Commission’s nature website1. Jeroen Panis (Flemish Agency for Nature and Forests) gave a presentation on the work done to assess the benefits of Natura 2000 sites in Flanders. Mr Pedro Rosabal, Deputy Director of the IUCN Global Protected Areas Programme gave a presentation on IUCN’s new initiative to create a ‘Green List of Protected Areas’. Both presentations are on circa. 1 http://ec.europa.eu/environment/nature/natura2000/management/guidance_en.htm 1 4. Guidance on Farmland and Natura 2000 Olivier Diana (DG AGRI) gave an overview of the new CAP and on the preparation of the implementing Regulations. He informed that 2014 would be a transition year (see ppt). Micheal O’Briain (DG ENV) informed that the guidance document on managing farmland in Natura 2000 which was presented at the previous meeting would need to be further updated in light of the new CAP and RDP Regulations. However, as the implementation regulations and delegated acts are still being finalized, this is unlikely to be possible until early next year. In the meantime the current draft, which already provides some very useful guidance on the subject, remains available on the CIRCABC site, along with a compilation report containing good practice examples from across the EU. 5. The new LIFE Regulation Lazslo Becsy (DG ENV) gave an overview of the new LIFE Regulation, which is expected to be adopted by the end of 2013. In addition to the traditional projects and operating grants for NGOs which existed under LIFE+, there are now three new categories of interventions available: integrated projects, capacity building and financial instruments (see ppt for details). The Commission is currently preparing for the first round of projects next year. Two sets of guidelines are being drafted: one for traditional projects, another for integrated projects. Both are expected to be published in early 2014. The first call for proposals is foreseen to be launched in May 2014 with a deadline for submissions by October. The Commission is also in the process of agreeing with the Member States the topics and priorities for projects for the next 4 years. More information will appear on the LIFE website as it becomes available. Tania Runge (COPA) informed that a new call for research projects on agriculture and biodiversity will be opened in November under ERANET: http://www.biodiversa.org/578 6. Natura 2000 Biogeographical Process – Natura 2000 Seminars François Kremer (DG ENV) provided an overview of experiences so far with the Natura 2000 Biogeographical Process and of the lessons learnt. Neil McIntosh (ECNC) presented a draft strategic discussion paper which examines how the process might be improved and sharpened (see document on circa). In particular, participants felt that maybe there was too much burden placed on the Member States and there might be a merit in sharing this more with stakeholder networks. Such a new governance structure could liberate the Steering group from the day to day management of the process so that it can provide a more strategic focus in terms of orientating the overall biogeographical process. 2 The following summarises comments made by the participants: Whilst the idea of working together at biogeographical level is in principle a very good one, after 18 months of work it is still not easy to see how the current process, as it is now set up, delivers better knowledge and action. The added value of the process is still not clear to everybody. Some Member States continue asking themselves in what way the process is actually useful to them; There seems to be much emphasis on the process (workshops, seminars, data collection) and maybe not enough on the concrete outcomes; There needs to be more focus on the strategic targets and objectives for the whole exercise. What practical aims does it want to achieve? Conservation experts and authorities generally already know what they need to do at site level to manage different types of habitats and species but what they miss are the resources and funds to be able to put them into practice; Too much time is spent on discussing general issues and collecting information that is already generally known. For the process to be useful there needs to be a more strategic focus; eg identify 3-4 key issues where there is clear merit in discussing and agreeing on actions and priorities at a biogeographical level between the countries involved; The process should nevertheless remain focused on practical management issues, and not be turned into a political discussion, for instance about targets for set-aside or non-intervention areas; The process would significantly benefit from a clear cross reference and joining up with the Article 17 reporting process. The work on determination of Favourable Reference Values provides a key unifying perspective which could then be the basis for discussing how targeted management and restoration action across the EU can achieve favourable conservation status; The Steering groups have played a useful role in ensuring the seminars focus on priority issues – ie help to identify habitats for priority consideration under the process where there is a common interest at biogeographical level The NGOs are not supportive of the idea of shifting the emphasis and workload towards stakeholder networks – Member States are the ones responsible for ensuring the management of Natura 2000 sites, they must be actively involved and endorse the process, it is not for NGOs to do the government’s work; The Commission’s guidelines eg for farming in Natura 2000 offer a different approach: they are written up by a consultant under the guidance of a working group, they give a strategic focus for particular habitats, illustrated by practical examples. It is then for the Member States and stakeholder to ensure that the measures are implemented in the most appropriate way in their Natura 2000 sites. Micheal O’Briain (DG ENV) reminded participants that the aim of the process is to help Member States in meeting target 1 of the 2020 Biodiversity Strategy and that it also highly relevant to targets 2, 3, 4 and 5 It is a voluntary process and one that seeks to encourage greater cooperation between Member States at a biogeographical level. But to be useful it must be able to bring added value to existing Member State activities and help them in achieving favourable conservation status of habitat types and species of Community interest. Eg how best can we share information and good practices amongst each other across a particular biogeographical region, how do we fill the knowledge gaps? Neil McIntosh (ECNC, contractor) pointed out that the seminars should be viewed as 3 milestones rather than an end in themselves. They can act as a reference point later on. Also networking doesn’t just happen of its own accord it needs to be managed and made to work. The Commission will reflect on the feedback made today and asks participants to send further comments and feedback on the discussion paper by early November. Communication platform Neil McIntosh (ECNC, contractor) gave an overview of the structure and contents of the Natura 2000 Communication Platform2. This is still a work in progress but it will become more complete as time goes on. Member States and NGOs are encouraged to contribute actively to its contents as well. Whilst the website will be mainly in English it does not prevent people from adding interesting documents (eg new guidance documents) in the original language and providing a short summary in English. The following feedback was given from participants: The structure of the Communication Platform at the moment gives too much the impression that it is there merely to support the seminar process and store its documents. It should be redesigned to appeal to all nature managers involved in Natura 2000; The discussion forum is still empty- it would be useful to add a few comments and topics of discussion so as to get the debates and exchanges started; The EU guidance documents should all be uploaded on the platform ; It should be emphasized that this is a prototype at the moment and will grow substantially in the coming months – so that people are encouraged to revisit the site later on. Micheal O’Briain (DG ENV) asked that participants provide further feedback and comments on the platform by early November and send the contractor any relevant documents that could be uploaded in the coming 2-3 months to help animate the site. 7. Information points on related ongoing work Noelia Valego-Pedregal (DG ENV) provided an overview of the EU Pilots launched by the Commission last year to find out how Member States that have reached the 6 year deadline for SAC designation are progressing (see ppt). Micheal O’Briain (DG ENV) provided a summary of work underway on financing Natura 2000. Most Member States have sent in their Priority Action Frameworks (PAFs). These are now being used by DG ENV during internal discussions with other DGs to make them aware of the needs of Natura 2000 as regards the next financial period. DG ENV contractors led by WWF-Germany are also organizing a series of information seminars in each Member State to explain further how the new EU financial Instruments might be used for the benefit of Natura 2000 (see: http://www.financing-natura2000.eu/). 2 http://ec.europa.eu/environment/nature/natura2000/platform/index_en.htm 4 As regards the new financing toolkit, this is close to being finalised but cannot be issued until all EU financial instruments and their corresponding legal documents published (eg on CAP). It is hoped the guide can be published as soon as possible in the new year so that it can be used by Member State authorities in the preparation of their new Operational programmes. In the meantime, member states' nature authorities are requested to keep DG ENV informed of progress in integrating Natura 2000 requirements into the various Operational Programmes, especially if problems arise. François Kremer (DG ENV) outlined the progress that has been made in the preparation of new Commission Guidance on Natura 2000 and Forests, via a 2nd stakeholder workshop in May and the first meeting of an ad-hoc working group which met on 14 October. Having agreed on the overall structure of the document, work is now underway to prepare the various chapters. It is hoped that a first full draft could be ready early next year with a final draft ready by the end of 2014. But there are no fixed deadlines; the process will take the time it needs to reach a satisfactory outcome for all concerned. Micheal O’Briain (DG ENV) informed that work has begun on updating the Commission’s general article 6 guide which is now 12 years old (see ppt). The aim is to update the guide in function of the Commission’s three notes on SAC designation, conservation objectives and conservation measures and of the 40 or so ECJ Rulings that have been issued on Article 6 in the past ten years. This will be a simple updating exercise. No radical changes will be made to the overall structure and contents since everyone has expressed their satisfaction with the existing format. Work is also underway to prepare an updated document on all ECJ Rulings on Article 6 to accompany the guide. It is expected that a first draft of the guide could be ready for the first quarter of 2014. Member States will be consulted on this draft either through the Habitats Committee and/or the present working group. Micheal O’Briain (DG ENV) informed that the Commission intends to launch a new Natura 2000 award scheme next year. Inspired by the French 'Grand Prix pour Natura 2000', the scheme aims to recognize excellence in the field of managing Natura 2000 sites. There will be five categories of awards that participants can apply for (communication, EU added value, achievement of conservation objectives, cross border cooperation). See: http://ec.europa.eu/environment/nature/natura2000/awards/index_en.htm . The application forms are currently being prepared with a view to launching the call for proposals in December. Applicants will be given 8 weeks to send in their submissions (until end February). There is no monetary prize but the Commission will organize a publicity event in Brussels and in the Region concerned to ensure the winners are given full recognition for their efforts. The working group participants will be informed as soon as the call is launched and the application forms ready. Ludovic Le Maresquier (DG ENV) announced that work had begun this summer on the preparation of a new Commission guidance on Natura 2000 and hydropower. This will be similar in structure to the previous sectoral guides and will include a step by step 5 section on Article 6.3 as well as a chapter on the benefits of strategic planning. In addition the document will examine the need for remedial action around existing hydropower plants that are negatively affecting Natura 2000 sites in accordance with Article 6.1 and 6.2. Close links will also be made with the WFD and similar work being undertaken under their CIS to ensure good complementary between the two processes. A first draft will be ready in early December and will be circulated for comments to the list of experts recommended by the CGBN members. The work is being undertaken by N2K Group for the Commission (contact person [email protected]). A copy of the proposed table of contents of the document will be added to the circa site. There will not be a dedicated working group for this, but depending on the feedback on the first draft, the Commission may consider organizing a stakeholder workshop early next year to discuss certain key issues that may arise. The participants encouraged the Commission to organize at least one stakeholder working group to ensure that the preparation of the document was seen to be transparent and open as this is a sensitive subject. Micheal O’Briain (DG ENV) provided a brief overview of the Commission’s Fitness Check of EU nature legislation under the REFIT initiative (Regulatory Fitness and Performance Programme). Fitness checks are comprehensive policy evaluations assessing whether the regulatory framework for a policy sector is “fit for purpose”. In October, it was announced that the Habitats and Birds Directives (Natura 2000) would also now be subject to a Fitness Check under REFIT 3 , following on from previous reviews of the WFD Directive and the EU’s Waste legislation. The review will inter alia assess the effectiveness and efficiency of the legislation, its coherence with other policies, its relevance and the EU added value. In this context, the article 17 reports will be a critical part of determining how effective the directives have been in terms of achieving their objectives. It is foreseen that Member States and stakeholders will be consulted during the review process. Finally, a question was raised as to the practical implications of updating the Standard Data Forms and the link to conservation objectives. It was agreed that a letter should be sent to the Commission on this in order that this can be addressed at a later meeting. http://ec.europa.eu/commission_20102014/president/news/archives/2013/10/pdf/20131002-refit_en.pdf 3 6
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