BSEP116B Biodiversity in the Baltic Sea - Helcom

Box 7.1. Natura 2000 network of protected areas in the European Union
Natura 2000 is a network of protected areas legislated by
the European Union. This network is based on requirements
according to the Birds Directive 1 and the Habitats Directive 2
adopted in 1979 and 1992, respectively. The overall objective
of the Natura 2000 network is to achieve or maintain favourable
conservation status of European biodiversity features.
In order to do so, each EU Member State must establish a
suite of Special Protection Areas (SPAs) for birds and Special
Areas of Conservation (SACs) for non-bird species and
habitats listed in the annexes to the directives and manage
these protected areas appropriately. The mere designation
of an SPA and/or a SAC is not enough to ensure favourable
conservation status but must be followed by specific species
and/or habitat protection measures, in particular, management
measures. In relation to this, it is important to note
that BSPAs may protect a wider range of marine species,
habitats, biotopes and natural processes than those listed
in the nature directives if the corresponding HELCOM lists
are taken into account (HELCOM 2007b). The Habitats
Directive stipulates specific criteria for the identification
and assessment of sites proposed by EU Member States in
accordance with the Directive.
1
Council Directive 79/409/EEC on the Conservation of Wild Birds
2
Council Directive 92/43/EEC on the Conservation of Natural Habitats
and of Wild Fauna and Flora
States and other sites by the Russian Federation
as BSPAs is accepted by HELCOM as the adequate
implementation measure with regard to HELCOM
Recommendation 15/5 and a contribution to the
Joint Work Programme on MPAs. In such cases,
Contracting Parties are under no obligations to
take any further action in respect of these areas
than those which arise from the Birds and Habitats
Directives of the European Union ...”
However, where Natura 2000 sites are reported
as BSPAs, Contracting Parties may manage them
according to the legally binding requirements of the
EU Habitats and/or Birds Directives. This means that
with regard to Natura 2000 sites, it may be sufficient
to define and implement management measures
without necessarily producing comprehensive management
plans (although such plans are identified in
the Habitats Directive as a valuable instrument).
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In contrast to the network of marine protected
areas of HELCOM, which is based only on a recommendation,
the establishment and management of
the Natura 2000 network are legally binding and
the European Commission can therefore take legal
action against EU Member States in case of noncompliance
with the Birds and Habitats Directives.
Guidelines for the Management of BSPAs
Based on the work conducted jointly by HELCOM
and Germany, HELCOM and OSPAR have commonly
developed practical guidance for establishing
management plans for BSPAs and OSPAR
MPAs (HELCOM 2006c). This guidance is based
on an IUCN model (Salm et al. 2000) and contains
detailed instructions and stipulations on the management
of BSPAs. It also includes guidance on
international regulatory options for conflicting maritime
activities for which coastal states have only
limited legal competence, in particular for shipping
and fisheries (for EU Member States).
Reaffirmation by the Baltic Sea Action Plan
In the Baltic Sea Action Plan, signed in November
2007 in Krakow, Poland, the governments of the
Contracting Parties recalled their former commitments
to establish a coherent network of BSPAs.
They decided to “designate by 2009 already established
marine Natura 2000 sites, where appropriate,
as HELCOM BSPAs and to designate by 2010
additional BSPAs especially in the offshore areas
beyond territorial waters”.
Furthermore, they agreed to improve the protection
efficiency of the BSPA network by 2010, by assessing
the ecological coherence of the BSPA network
together with the marine Natura 2000 sites and,
where possible, to finalize and implement management
plans or management measures.