evidence gathering questionnaire for the fitness...

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Evaluation study to support the Fitness Check of the Birds and Habitats Directives 1 Evidence Gathering Questionnaire for the Fitness Check of the Nature Directives Introduction As part of its Regulatory Fitness and Performance Programme (REFIT), the European Commission is undertaking a Fitness Check of the EU nature legislation, the Birds Directive 1 and the Habitats Directive 2 ('the Nature Directives'), 3 which will involve a comprehensive assessment of whether the current regulatory framework is “fit for purpose”. Adopted in 1979, the Birds Directive relates to the conservation of all wild birds, their eggs, nests and their habitats across the EU. Its strategic objective is to maintain the population of all species of wild birds in the EU at a level which corresponds to ecological, scientific and cultural requirements, while taking account of economic and recreational requirements, or to adapt the population of these species to that level’. The Habitats Directive, adopted in 1992, covers around 1000 other rare, threatened or endemic species of wild animals and plants and some 230 habitat types. These are collectively referred to as habitats and species of Community interest. The strategic objective of the Habitats Directive is "to maintain or restore natural habitats and species of Community interest at favourable conservation status, taking into account economic, social and cultural requirements and regional and local characteristics". The Directives require Member States to take a variety of measures to achieve these objectives. These measures include the designation of protected areas for birds (Special Protection Areas) and for habitats and species of Community interest (Special Areas of Conservation), which together comprise the Natura 2000 network, and the adoption of strict systems of species protection (see objectives of the Directives in Annex I to this document). The Fitness Check is intended to evaluate how the Nature Directives have performed in relation to the achievement of the objectives for which they were designed. In accordance with its mandate, 4 adopted by the European Commission in February 2014, it will assess the effectiveness, efficiency, coherence, relevance and EU added value of the Nature Directives 5 . As part of this process, the European Commission has commissioned an evaluation study to support the Fitness Check. The study is tasked with gathering and analysing evidence and data held by a wide range of stakeholders. The Questionnaire presented below is a key tool to enable you to provide this evidence. In parallel to this questionnaire, you are invited to contribute to the initial list of published and peer-reviewed documents identified as being relevant for the Fitness Check. The list, which 1 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7-25. 2 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7-50). 3 Please note that for the purposes of this questionnaire, the terms 'EU nature legislation' and 'Nature Directives' refer to the Birds Directive and the Habitats Directive. 4 http://ec.europa.eu/smart-regulation/evaluation/docs/mandate_for_nature_legislation_en.pdf 5 For more information see: http://ec.europa.eu/environment/nature/legislation/fitness_check/index_en.htm

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Evaluation study to support the Fitness Check of the Birds and Habitats Directives

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Evidence Gathering Questionnaire for the Fitness Check of the Nature Directives

Introduction

As part of its Regulatory Fitness and Performance Programme (REFIT), the European

Commission is undertaking a Fitness Check of the EU nature legislation, the Birds Directive1

and the Habitats Directive2 ('the Nature Directives'),3 which will involve a comprehensive

assessment of whether the current regulatory framework is “fit for purpose”.

Adopted in 1979, the Birds Directive relates to the conservation of all wild birds, their eggs,

nests and their habitats across the EU. Its strategic objective is ‘to maintain the population of

all species of wild birds in the EU at a level which corresponds to ecological, scientific and

cultural requirements, while taking account of economic and recreational requirements, or to

adapt the population of these species to that level’.

The Habitats Directive, adopted in 1992, covers around 1000 other rare, threatened or

endemic species of wild animals and plants and some 230 habitat types. These are collectively

referred to as habitats and species of Community interest. The strategic objective of the

Habitats Directive is "to maintain or restore natural habitats and species of Community

interest at favourable conservation status, taking into account economic, social and cultural

requirements and regional and local characteristics".

The Directives require Member States to take a variety of measures to achieve these

objectives. These measures include the designation of protected areas for birds (Special

Protection Areas) and for habitats and species of Community interest (Special Areas of

Conservation), which together comprise the Natura 2000 network, and the adoption of strict

systems of species protection (see objectives of the Directives in Annex I to this document).

The Fitness Check is intended to evaluate how the Nature Directives have performed in

relation to the achievement of the objectives for which they were designed. In accordance

with its mandate,4 adopted by the European Commission in February 2014, it will assess the

effectiveness, efficiency, coherence, relevance and EU added value of the Nature Directives5.

As part of this process, the European Commission has commissioned an evaluation study to

support the Fitness Check. The study is tasked with gathering and analysing evidence and

data held by a wide range of stakeholders.

The Questionnaire presented below is a key tool to enable you to provide this evidence.

In parallel to this questionnaire, you are invited to contribute to the initial list of published and

peer-reviewed documents identified as being relevant for the Fitness Check. The list, which

1 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild

birds (OJ L 20, 26.1.2010, p. 7-25. 2 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206,

22.7.1992, p. 7-50). 3 Please note that for the purposes of this questionnaire, the terms 'EU nature legislation' and 'Nature Directives' refer to the

Birds Directive and the Habitats Directive. 4 http://ec.europa.eu/smart-regulation/evaluation/docs/mandate_for_nature_legislation_en.pdf

5 For more information see: http://ec.europa.eu/environment/nature/legislation/fitness_check/index_en.htm

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will be updated at regular intervals, is structured according to the evaluation categories set out

in the mandate. It can be accessed at:

http://ec.europa.eu/environment/nature/legislation/fitness_check/index_en.htm

The European Commission will also launch an online public consultation for 12 weeks from

April to June 2015. You are welcome to fill in that survey as well, but please be aware that the

two exercises are of a different nature. The public consultation will collect views and

opinions, whereas the questionnaire presented below aims to collect evidence, meaning facts

or information (such as case studies, research findings, infringement cases, case law and data)

which support a point or position.

The questionnaire

The questionnaire has been prepared in order to gather evidence-based information for the

evaluation. It is being sent out to all Member States and selected key stakeholders across the

EU.

Please answer all questions that you consider relevant to the situation in your

country/region/sector/area of activity, based on direct experience supported by evidence.

You are not expected or obliged to answer all questions.

Where possible, quantitative evidence should be provided. Where this is not possible, semi-

quantitative or qualitative evidence would be welcome.

We would encourage you to answer in English. In your answers please specify why and how

the evidence and documents provided is relevant for the specific question. For documents that

are not in English, please provide in the answer to the question a brief summary in English

that explains its relevance to the question.

Please provide full reference details for all documents cited or referred to in your

answers: author / editor names and their initials, full titles, full names of journals, relevant

page numbers, publishers and place of publication. If the document is available online, please

add a URL link. If it is unpublished information, please supply a copy or relevant excerpt.

When citing in short a document for which you have already provided full reference details,

please ensure that we can distinguish between references that have the same author(s) and

year of publication.

Please, make sure that the link between a question and the document related to it is clear. You

may choose to provide the full reference of cited documents in footnotes or in notes numbered

and linked to a reference list at the end of the questionnaire. If you send documents as

attachments to the email, please give them a name that includes the number of the question(s)

they are related to.

Deadlines for submission of the questionnaire

We kindly ask you to fill in the questionnaire and return it by e-mail within 5 weeks of

receiving it to: [email protected].

We appreciate that it may not be possible to provide complete answers to all the questions and

collect all the evidence you may wish to provide within this timeframe. However, it is

essential that we receive an initial response which is as complete as possible within 5 weeks

in order to enable us comply with the tight evaluation schedule.

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On the basis of the initial responses received, follow-up interviews may be organised to seek

clarification or additional information if required. It may not be possible to organise such

interviews for responses received after the 5 week deadline. However, you will have until the

end of April to complete your final submission in response to the questionnaire. Please note

that it will not be possible to take into account contributions received after that deadline.

The evidence gathered through this questionnaire will be vital to the overall process. For this

reason, if you anticipate that you will not be able to complete the questionnaire, please let

us know as soon as possible.

Thank you in advance for your contribution.

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QUESTIONNAIRE

A. General Information

Please answer ALL questions in this table

Answer

Organisation: Department of Environment

Date: 12 March, 2015

Country (and, if applicable, region)

represented:

Cyprus

Organisation(s) represented: Department of Environment

Game and Fauna Service

Name of contact for enquires (including

follow-up interview if required):

Elena Stylianopoulou

Contact email address: [email protected]

Contact telephone number: +357 22 408 929

Languages spoken fluently by contact

person:

English

Language for the interview if it is not

possible to conduct it in English

N/A

Type of organisations you represent:

EU authority or agency / Member State

authority or agency / business or industry /

educational or scientific institute / nature

conservation charity / recreation / individual

expert / other (please specify).

Member State authority

Sector represented: environment / water /

agriculture / forestry / fisheries / transport /

energy / extractive industry / industry /

housing and other buildings / recreation &

tourism / science & education / other

(please specify)

Environment

Wild birds & Game

Additional comments: N/A

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B. EVALUATION / FITNESS CHECK questions

Please answer all questions that are relevant to you and for which you can provide

informed insights from direct experience and/or supporting evidence.

We would kindly ask that you keep your answers as succinct as possible. They should

summarise in no more than 2 pages any evidence relevant to a given question. More

complete/detailed information, if any, should be provided in the form of references and/or

web links. Definitions, explanations and examples are provided under each question to assist

you in answering them.

When answering the questions, please note that the Fitness Check intends to examine the

performance of the Nature Directives in relation to their stated objectives, taking into account

expected results, impacts and external factors. The figure below presents the intervention

logic as included in the mandate. For ease of reference, a table presenting the objectives of the

Directives, differentiating between different types of objectives (strategic, specific,

operational), is included in Annex I to this document.

The questions are structured around the five evaluation criteria addressed in the mandate:

effectiveness = S, efficiency = Y, coherence = C, relevance = R, and EU added value = AV.

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Effectiveness

This section focuses on assessing the extent to which the objectives of the Birds Directive and Habitats

Directive have been met, and any significant factors which may have contributed to or inhibited

progress towards meeting those objectives. By 'objectives', we refer not only to the strategic

objectives, but also to other specific or operational objectives required under other articles of both

Directives (as set out in Annex I to this questionnaire).

'Factors contributing to or inhibiting progress' can relate to the Nature Directives themselves (e.g. the

clarity of definitions) or be external factors such as lack of political will, resource limitations, lack of

cooperation of other actors, lack of scientific knowledge, or other external factors (e.g. see those listed

in the above intervention logic).

We are particularly keen to learn of evidence that is not included in the Member State implementation

reports6.

S.1.1 What progress have Member States made over time towards achieving the

objectives set out in the Directives and related policy documents?

Please provide evidence on what progress has or is being made towards the achievement of the

objectives set out in Annex I that are of relevance to you. Please address separately the objectives of

the Birds Directive and the Habitats Directive, and specify which objective(s) you are referring to,

with references to the corresponding Articles. If possible quantify the progress that is being made.

Answer:

Cyprus obligations regarding the HD initiated with a LIFE-Third Countries project in which an initial

list of Natura 2000 areas was put together based on the provisions of the Annex III of the HD for

selecting and evaluating the habitat types and the species for the Sites of Community Interest. Since

Cyprus joined the European Union in 2004, and in order to implement Natures Directives (Habitats

and Birds Directive) proposed 36 SCIs areas under the Habitats Directive, covering 711 km2 and 7

SPAs under the Birds Directive covering 788 km2.

Since 2003 when the Birds and the Habitats Directive have entered into force, progress has been

concerning the protection of Nature and Biodiversity as described in more detail below:

Habitats Directive:

Contribution to Strategic Objectives

The implementation of the Habitats Directive has contributed in ameliorating the status of habitats and

species and can be considered to be the main driving force towards this direction.

A mapping exercise that has taken place in 2012 for both habitats and species for the SCIs, in order to

assess their conservation status, allowed for an improvement of knowledge and showed an

improvement of the conservation status of the species and habitats compared with the reporting data

under article 17 of 2006.

Contribution to Specific Objectives

The ecological network of Natura 2000 consists of 40 SCIs, seven of which include marine areas. The

SCIs cover an area of 882 km2 of which 750 km2 is terrestrial which represents 13.0% of the land

under governmental control. Natura 2000 areas are effectively distributed/allocated across the island

for the protection of both terrestrial and marine ecosystems, habitats types and species.

Regarding the terrestrial part, the Natura 2000 network is almost complete and includes 49 habitat

6 Habitats Directive Reports: http://bd.eionet.europa.eu/activities/Reporting/Article_17/Reports_2013/

Birds Directive Reports: http://bd.eionet.europa.eu/activities/Reporting/Article_12/Reports_2013/

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types, 18 flora species and 12 fauna species. The list of the Sites of Community Interest (SCIs) has

been evaluated through the procedures of the Biogeographical seminars and only a few new sites must

be added to cover both habitats and species.

Mountainous areas, rivers and wetlands, plains, coastal areas consisting of forest- and agro-

ecosystems where habitat types (natural habitats and manmade) are all represented in the Natura 2000

network and species are fully protected with the implementation of National Law No. 153(I)/2003.

Natura 2000 network areas protect endemic and rare habitat types and species that are included in the

national list. The implementation of the HD aims to fully protect and prevent loss the biodiversity o

Measures/Operation Objectives

Site and species protection systems

We are now in the process of declaring all our SCIs to SACs and establishing necessary conservation

measures for all of them via Ministerial decrees.

Three sites have already been designated as Special Areas of Conservation (SAC) and Ministerial

Decrees have established clear conservation objectives, management actions and prohibitions since

2011. A fourth Decree is expected to be published soon.

The state forest areas are under effective management aiming mainly at conservation and not the

exploitation of forests.

Plans or projects

Cyprus has established a procedure to ensure that appropriate assessment is being performed for plans

or projects that may affect the network. Both via the EIA & SEA procedures, but also for plans or

projects that do not fall within the scope of these two acts. An ad-hoc scientific committee is being

summoned when projects or plans are expected to affect the coherence of the network and the opinion

of this ad-hoc committee is then forwarded to the competent authority/ies as part of the decision

making process.

As far as the use of the provisions of article 6(4), Cyprus is in the process of establishing

compensatory measures for a project that will affect a SPA and informing the EC on the matter. This

is the first time this is done since 2003, when the Directive was transposed.

Since 2011, approximately 200 projects have been evaluated under this procedure and only 1 has

reached the point where the provisions of article 6(4) had to be applied.

Financing

Conservation and management of the Natura 2000 areas in Cyprus has been accomplished mainly via

national funding and the LIFE program.

As was mentioned above, the LIFE program allowed for the preparation of an initial list for the sites to

be designated. Many other projects under the LIFE instrument have been implemented with a main

goal of setting management and conservation measures for several habitats and species in Cyprus (i.e.

COMANACY, PLANTNET-CY, ICOSTACY, OROKLINI, RIZOELIA and many more).

Prioritize Action Framework (PAF) has been developed on the basis of the strategic conservation

priorities for Natura 2000 for the period of 2014-2020. PAF has measures for the completion of Natura

2000 areas, action plans for management and a coherent network, management and restoration of

natural habitats (ecosystems) and creation of refuge/microhabitats for species within protected areas,

preserving endangered species and the genetic variety of flora and fauna. Restoration measures were

proposed for the priority species and habitats and include mapping and monitoring, implementation of

management plans, assess the conservation status of both habitats and species etc. Additionally

measures were proposed for Green Infrastructure, Education and Awareness, research, preparation of

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red data books for habitats and fauna species and restoration of degraded habitats.

Additionally conservation measures are included in the Rural Development Plan 2014-2020 for all

Natura 2000 sites. These measures and actions are indented to be implemented through several

financial instruments such as the structural and cohesion fund.

Landscape features

Due to the small units of agriculture utilization and the traditional practices in agriculture, landscape

features (i.e. field margins, water irrigation traditional canals, streams, hedgerows etc) in Cyprus are

very important for biodiversity and the implementation of the HD.

Article 10 of Habitats Directive aims at maintaining and restoring those landscape features that are

important for the coherence of the network and the fauna and flora species that are essential for the

migration, dispersal and genetic exchange of wild species.

Article 10 provisions were integrated into the town and planning policy as well as in the Rural

Development Plan 2014-2020.

Additionally, the provisions of Article 10 have been included in the Prioritize Action Framework

(Article 8 of the Habitats Directive) for Green Infrastructure projects.

Surveillance

Concerning surveillance especially in the areas outside state forests, where surveillance is done by the

Forestry Department, officers have been hired under contracts (tendering procedures) to monitor the

areas twice per month and submit a report regarding general status of the area, possible problems, etc.

Through this monitoring problems can be identified in a timely manner.

Additionally, preparation and implementation of Monitoring Protocols for all habitats and species

included in the HD and a database for the automatic evaluation for habitats have been pursued and

established.

Also, the establishment of a permanent monitoring scheme for the habitats and species in Cyprus has

allowed for better preparation and evaluation of the appropriate assessment studies, the Environmental

Impact Assessment studies and has allowed us to meet our obligations arising from HD, such as Art.

17-Reporting. These are also used for implementing restoration measures where U1 or U2

conservation status is present.

All SCIs have management plans that will be enter into force with enforcement of Ministerial Decree

(see section Site and Species Protection Systems above).

Reporting

Article 17 of the Habitats Directive is an instrumental requirement for assessing the status of habitats

and species and through this procedure there has been an improvement of knowledge regarding

unknown status of both habitats and species.

The implementation of the HD regarding Article 17 focused on the completion of protocols for

monitoring and the evaluation of the function and structure of the habitats, as well as the evaluation of

the pressures and threats. Protocols were based on the EU guidelines to fully implement the HD.

Research

The implementation of the HD allowed for the promotion of research for the environment, especially

in cooperation with the Cyprus Research Promotion Foundation and public and private academic

institutions in Cyprus.

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At the same time more opportunities for students, researchers and scientists have arisen since the

implementation of the HD.

Birds Directive:

Birds Directive has been instrumental in achieving and making progress in Nature conservation in

Cyprus. More specifically:

1) SPA sites have been designated which currently are about 27% of the government controlled

area of Cyprus. All these sites now have a protection status. Most of these sites apart from

the state forest areas which take 52.8% of the SPA, have not been protected before and this

was only possible due to the SPA designation. Therefore SPA designation in Cyprus played a

key role for the protection of these habitats which are very important since many birds species

rely on habitats outside forested areas like in agricultural, garigue and maqui habitats.

2) Birds Directive played a vital role in the battle against the illegal trapping of birds in Cyprus,

the issue being a significant conservation problem in the island. Although trapping still

remains an issue that did not diminish to acceptable levels it has largely been decreased

compared to pre-accession levels. It is estimated that trapping levels have been reduced by

about 70-80% comparing to pre-accession levels and explicit EU articles in the Directive have

played a key role both on the authorities’ efforts as well as on political will.

3) Birds Directive also played a key role and has been very useful as a tool to pursue a more

sustainable development strategy in other government development policies like the Policy for

the Development of the Countryside where a more sustainable approach is being achieved.

4) Birds Directive also played a major role for substantial research initiatives as well as

completing the fundamental Art. 12 reporting which for the first time it had quantified bird’s

population levels and conservation status inside and outside of SPAs.

5) With respect to the mouflon the Habitats Directive has initiated the designation of some

mouflon habitat outside forest areas as protected and being a species of community concern it

has initiated more sophisticated approaches in poaching prevention like the use of DNA

analysis and wildlife forensics against mouflon poaching (see published papers and relevant

research initiatives).

http://www.moi.gov.cy/moi/wildlife/wildlife_new.nsf/web34_gr/web34_gr?OpenDocument

6) Many LIFE projects have brought enormous tangible benefits in specific areas as well as other

projects like the Cross Border Cooperation Greece-Cyprus programme 2007-2013 (project

GYPAS) which brought significant benefits for a threatened species (Griffon Vulture).

S.1.2- Is this progress in line with initial expectations?

'Initial expectations' refer to the expectations, positive or negative, held by different stakeholders at

the time the legislation transposing the Directives came into force in your country. For example,

government reports and plans might provide evidence of intended timetables for the identification and

designation of Natura 2000 sites. We are seeking to understand the extent to which progress made to

date has met, exceeded, or fallen short of such expectations. If possible, in your answer please address

separately each of the objectives referred to in question S1.1 for which you have provided evidence.

Answer:

Habitats Directive:

The network will be completed shortly with the designation of additional sites for both habitats and

species, following the evaluation of the Biogeographical Seminar. The designation of sites has not

been an easy task and many difficulties and delays were encountered. Cyprus still has to complete the

marine network.

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With the completion of the legal procedures regarding the establishment of solid management and

conservation measure and objectives for each site via Ministerial Decrees we expect that the objectives

will be accomplished. This is taking a bit longer than was previously anticipated, mostly due to the

bureaucracy that the law proceedings require (a national issue).

Management measures will continue to be identified and implemented via the LIFE program, the RDP

2014-2020 and the structural funds.

Birds Directive:

1) Overall it must be noted that even with some initial delays, the SPAs network has

materialized into a conservation reality and a strong network which has been formed achieving

full expectations.

2) With respect to site designation this has practically been completed.

3) Appropriate conservation management is something we are working on in order to achieve

effective conservation on the ground. It is important to note that in order to achieve and

facilitate this process the preparation of management Plans for all SPAs in Cyprus has started

in September 2013 and it is foreseen to be completed by September 2016. Importantly,

through this work favourable and appropriate conservation targets will be established for

many important bird species which will guide the establishment of conservation objectives for

all SPAs with the aim to fully achieve the objectives of the Directive.

S.1.3 - When will the main objectives be fully attained?

On the basis of current expectations and trends, please provide evidence that indicates the likely year

or range of years that the main objectives will be met. By 'main objectives' we mean the strategic

objectives of the Birds Directive (as set out in its Article 2) and the Habitats Directives (in its Article

2), as well as the specific objectives set out in Annex I to this document.

Answer:

Habitats Directive:

As far as meeting our commitments arising from the Biogeographical Seminars (i.e. designation of

new sites or expansion of current sites to cover specific terrestrial habitats and species) we expect this

to be accomplished within the first half of 2016.

With regards to the management of sites (art. 6 (1) and 6(2)), we expect that the ministerial decrees

will be in place within the first half of 2016.

Birds Directive

1) Article 12 reporting has been successfully completed and it is a main step forward since it was

the first time such population details on bird species Cyprus have been produced.

2) The measures to achieve specific objectives are due to be completed by September 2016. Full

implementation of these measures also depends on securing sufficient funding opportunities. It

is foreseen that through the Structural Funds, the Rural Development and through programmes

like LIFE+ the main objectives will be fully attained by 2017.

S.2 – What is the contribution of the Directives towards ensuring biodiversity? In

particular to what extent are they contributing to achieving the EU Biodiversity

Strategy* Objectives and Targets?

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By 'contribution towards ensuring biodiversity', we are referring not only to the conservation of the

species and habitats specifically addressed by the Directives, but also to biodiversity more broadly

defined: i.e. other species and habitats not targeted by the Directives; ecosystems (terrestrial and

marine); and genetic diversity, both within and beyond the Natura 2000 network – in line with the

EU’s 2050 vision and 2020 headline target and the Targets of the EU's Biodiversity Strategy to 2020.

* For an overview of the EU biodiversity Strategy see:

http://ec.europa.eu/environment/nature/info/pubs/docs/factsheets/Biod%20Strategy%20FS.pdf

Answer:

Habitats Directive:

The diverse geological terrain of Cyprus, the variety of the geological substrate, the fluctuations in

temperature and precipitation from region to region and, more generally, the variety of abiotic

conditions, resulted in the creation of numerous different habitats and landscapes on the island. These,

combined with the geographical position of Cyprus, at the crossroads of three continents, that makes it

a migration center, resulted in the formation of a rich biological diversity.

The National Biodiversity Strategy and Action Plan (NBSAP) have been completed and a

prioritization of the implementation of the measures was carried out with a multi-criteria analysis. In

the NBSAP there is an evaluation of the biodiversity of the island and the components of the

biodiversity, i.e. the conservation of the biological diversity, the sustainable use of its components and

the fair and the equitable sharing of the benefits arising out of the utilization of genetic resources.

NBSAP provides evaluation of the protected areas as well as an evaluation of biodiversity outside the

protected areas.

The NDs are very important legislative tools for implementing the biodiversity strategic objectives and

targets. They are the milestone for the protection of our natural capital. Protection and restoration of

threatened habitats and species and prevention of biodiversity loss can be enforced through

maintaining and restoring ecosystems.

An evaluation of biodiversity in the forest and agricultural sector and the practices which contribute to

the thriving and survival of biodiversity on the island was also done.

The main objective of the Natura 2000 network is the conservation of habitat types and species, as

well as ensuring the conservation and restoration of all types of habitats and species of the two

directives in their natural range. The HD is the main tool of the EU for the conservation of nature that

aims to contribute to the conservation of biological diversity by defining a common framework for the

conservation of habitats, flora and fauna of Community interest.

The EU Biodiversity strategy 2020 includes six specific objectives: the protection and restoration of

biodiversity (habitats and species) and the ecosystem services concerned (objectives 1 and 2),

enhancing the positive contribution of agriculture and forestry and reduction of key pressures that

accepts the EU's biodiversity (objectives 3, 4 and 5) and increase of the EU contribution to the global

biodiversity (objective 6).

Thus it is clear that the NDs are contributing to the achievement of the EU Biodiversity Strategy

objectives.

Birds Directive:

1) The Directives play a key role in contributing to the EU Biodiversity Strategy Objectives and

target. The Nature Directives are by far the most important and most concrete instrument of

the EU to save biodiversity. They are essential not only for achieving Target 1 of the

Biodiversity Strategy, but also for Targets 2-6.

2) In Cyprus the Natura 2000 network complements and reinforces other national protected areas

like state forest areas, but most importantly they play a vital role in protecting sites and areas

that would not have been protected otherwise. For instance only 52.8% of SPAs is state forest

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area the remaining 47.2% being private land.

3) Additionally habitat types that were not traditionally valued as important like coastal and

agricultural habitats as well as Mediterranean scrub which are extremely important for many

species are now effectively protected.

4) Another important example of how the Birds Directive benefited migratory species is that a

map of the important bird corridors has been produced in Cyprus in 2006 with the aim to

achieve protection status of regularly occurring and important migratory species.

http://www.moi.gov.cy/moi/wildlife/wildlife_new.nsf/web35_gr/web35_gr?OpenDocument

S.3 – Which main factors (e.g. implementation by Member States, action by

stakeholders) have contributed to or stood in the way of achieving the Directive’s

objectives?

Please summarise evidence of the main factors that have supported or constrained progress towards

achieving the objectives of the Nature Directives. As in previous questions, by 'objectives' we mean

not only the strategic objectives set out in Articles 2 of both Directives, but also specific and

operational objectives, as set out in Annex I to this document. Relevant factors might include, for

example, resource limitations, lack of cooperation of other actors, lack of scientific knowledge, or

other external factors (e.g. those listed in the above intervention logic).

Answer:

Habitats Directive:

Contributing factors:

The majority of the designated land is public, and this allows better for implementation of the

provisions of the HD.

EU funding contributed to the designation of sites and the implementation of management and

conservation measures for habitats and species (mainly through LIFE).

Factors that stood in the way:

Slow integration of the HD into other policies, strategies, directives etc. This has caused

delays in the implementations of some of its provisions (i.e. designation of SACs, art. 6).

Inclusion of private land in the network. Implementing management and conservation

measures is a lot more challenging in privately owned land, especially when there is interest

for development.

Lack of adequate funding in the sector of nature and biodiversity, both from national and EU

funds. Also, the funding that is available is so fragmented that is difficult to benefit from it

adequately.

Acceptance of the idea of “protected areas” from local communities and land-owners.

Some conflicting provisions with other national legislation have been identified. These cause

problems with the implementation of management and conservation measures within private

land.

Birds Directive:

Contributing factors:

1) Some funding instruments (i.e. LIFE).

2) Expertise of government personnel.

3) Existence of appropriate structure especially to tackle law enforcement (i.e the Game Fund

Department reports on average 300 Court cases / year with respect to wildlife and bird

violations).

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4) A rather unforeseen surprise was the many positive responses from local communities and

other stakeholders as experienced during the on-going 2014 and 2015 public consultations on

the preparation of SPAs management plans.

Factors that stood in the way:

1) Bad publicity and some resistance from the public with respect to achieving the Directive’s

objectives.

2) Some inadequate initial implementation in the early years of the implementation of the

Directive with respect to assessment of some large projects.

3) Lack of securing additional and sufficient funding instruments (Structural funds and Rural

Development).

4) The impact of specific private interests particularly with ties to real estate and construction.

S.4 - Have the Directives led to any other significant changes both positive and negative?

This question aims to assess whether the implementation of the Nature Directives has brought about

any significant environmental, social or economic effects or changes that were not intended or

foreseen by the Directive at the time of their approval, and whether these changes were positive,

negative or neutral in terms of their contribution towards meeting the objectives of the Directives.

Examples of such effects or changes might include the development of a culture of social participation

in nature-related decisions as evidenced by Committees for the development of management plans or

higher cooperation of departments of different ministries, etc.

Answer:

Habitats Directive:

The HD has led to significant positive changes for the island:

More targeted protection for species and habitats

Integration of nature protection objectives in planning and zoning policies.

More careful planning/ designing of large development projects, both public and private

Increase of public awareness and sensitivity towards the protection of nature and biodiversity

Birds Directive:

Significant positive changes:

1) Species and habitats got clear protection that would not have otherwise be protected.

2) Limit the conservation and ecological problem of illegal killing and trapping of birds.

3) Enhance and contribute in securing ecosystem services (water retention, limit illegal water

abstraction, bee pollination etc).

4) Limit impacts of climate change.

5) Positive impacts on planning and zoning by adopting a more sustainable approach due to

objectives set in the Directive.

Efficiency

Efficiency is essentially a comparison between inputs used in a certain activity and produced outputs.

The central question asked here is whether the costs involved in the implementation of the EU nature

legislation are reasonable and in proportion to the results achieved (benefits). Both 'costs' and

'benefits' can be monetary and/or non-monetary. A typology of the costs and benefits resulting from

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the implementation of the Directives is given in Annex II to this questionnaire. In your answers, please

describe the nature, value and overall significance of the costs and benefits arising from the

implementation of the Directive, supported by evidence.

Y.1 - What are their costs and benefits (monetary and non-monetary)?

Based on the explanation given above, please indicate, supported by evidence, what types of costs and

benefits have resulted from the implementation of the Nature Directives. Please provide evidence,

quantitative where possible, of costs and benefits, describe their nature (monetary/non-monetary) and

value, and who is affected and to what extent. Please distinguish between the costs and benefits

arising from the Directives themselves and those arising as a result of other factors. To facilitate

analysis of the answers it would be useful if costs and benefits could be addressed separately.

Answer:

As a general response to the question, benefits outweigh the costs for the implementation of Birds and

Habitats directives however the benefits cannot be monetarily valued. The value of preserving

biodiversity is a commitment taken at the highest political level both at the EU and international levels

therefore it cannot be put into question. Taken that for granted we believe that the two directives could

be considered quite efficient in preserving biodiversity if implemented properly.

Estimates for the financial needs for the whole NATURA 2000 network in Cyprus is included in the

PAF (first submission-attached) total to 255 million Euros. This includes staff cost, scientific studies,

infrastructure for improvement and restoration of sites, habitat and species mapping and monitoring as

well as management planning. Although an amount for land purchase has been included this does not

represent the current situation of prices in the country. Additionally the acquisition of private land is

not always a necessary measure to achieve efficient management at a NATURA 2000 site.

The main funding instrument for the implementation of the Directives in Cyprus is the LIFE Program

where more than 7 programs have been implemented since 2004. These have contributed to the

mapping of habitats and species, to the preparation of monitoring protocols, to the establishment of

protection actions on the sites, to the control of invasive alien species and to enhancement of

awareness on nature issues.

As aforementioned the benefits from the implementation of the directives outweigh the costs. The

monetary valuation of the benefits is still underway therefore the benefits will be presented further

below quantitatively: In Cyprus in many instances there were important time savings in investment

proposals where investors were informed at the early stages of the obligations and objectives of the

Directives and thus they have adapted or changed their project proposals accordingly.

As far as Carbon Storage is concerned and according to the latest information available on carbon

stock stored in Cyprus, which is the information published in the country report for Cyprus on Global

forest resources assessment 2005 prepared by the Department of Forests (available from

http://www.moa.gov.cy/moa/fd/fd.nsf/All/583FB131574CD736C22576850032962A/$file/CY%20FR

A2005%20published%20BY%20FAO%2008122005.pdf)

The total carbon stored in 2005 was 4.81 million tones C. Τhis value includes only soil carbon in

forests to a depth of 30 cm. Other carbon sources have not been estimated due to data unavailability.

“Ecosystem services” is action 5 of the EU Biodiversity Strategy (Target 2) and Cyprus started

mapping and assessment of the ecosystem services. Ecosystem services can benefit from the Natura

2000 network in the sense of the cultural aspects such as the recreation via ecotourism and

agrotourism. Natura 2000 network can support tourists throughout the year and support local

communities.

Y.2 - Are availability and access to funding a constraint or support?

This question focuses on the proportion of identified funding needs that has been or is being met by

EU and Member State funding, respectively, the extent to which the level of available funding affects

the implementation of the Directives and enables the achievement of their objectives (as set out in

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Annex I to this questionnaire), and the extent to which initial funding allocations for nature under EU

funding instruments were used as well as any factors which may have favoured or hindered access to

and use of funds. In your answer please consider whether funding constraints affect costs or create

administrative burdens (eg as a result of limitations on guidance or delays in decision making).

Answer:

EU funding for the implementation of the two directives has not been adequate and opportunities apart

from the LIFE Program have not been taken on board effectively. This can be considered as a main

cause for the slow implementation of the directives. More specifically during the programming period

2007-2013 the European Agricultural Fund for Rural Development has had moderate use as a more

balanced delegation of funds between the different measures was necessary (nature vs agriculture).

Additionally there was no use of the Structural and Cohesion funds for the same programming period

as no funds were allocated for nature protection issues.

One should mention however, that mainly due to inadequate funding there is still lack of knowledge

on important habitats and species. Additionally, lack of funding for certain land users contributes to

limited acceptance and sufficient support for the Directives.

This is especially true for farmers in Cyprus, whose land is located in Natura 2000 areas and have not

yet enjoyed adequate Natura 2000 related payments. Despite this fact, many have expressed their

support and willingness to follow guidelines if a financial benefit (i.e. for keeping their land in the

existing status) would be available.

It is important to note however that during this programming period of 2014-2020 there has been

allocated an amount of 8 million euros to the management of NATURA 2000 sites from the Structural

Funds. Additionally funding dedicated to NATURA 2000 sites amounting to 3 million Euros, has been

allocated from the EAFRD. However this is still not sufficient to cover the needs of the network.

Funding from the LIFE Program has been utilized however it cannot cover the needs of the NATURA

2000 network.

It is also important to mention that there has not been any national funding from 2013 onwards due to

the economic crisis Cyprus is going through. This has led to complete reliance on EU funding for

nature protection mainly through the LIFE program.

Y.3 - If there are significant cost differences between Member States, what is causing

them?

This question seeks to understand the factors that affect the costs of implementing the Directives,

whether there is evidence of significant cost differences between Member States, and the causes of

these cost differences. In your answer, please describe the cost differences and the reasons for them

(e.g. whether they arise from specific needs, circumstances or economic factors), supported by

quantitative evidence. Do these differences lead to differences in impact? Please note that Question

Y.5, below, focuses on good practices in keeping costs low. For this Question Y.3 we are interested in

evidence of overall differences in implementation cost (see typology of costs in Annex II to this

questionnaire) along with the reasons for them.

Answer:

Cyprus can be considered as a biodiversity hotspot as it is an island with a large number of endemic

species and a cross road for bird migration. In general management costs are relatively low in Cyprus.

This is the experience with some sites that have been effectively been managed through LIFE

programmes.

It should be mentioned that there is effective government control on part of the island since 38% of its

territory is not under effective government control. The network has been developed in the

government controlled areas where actual management can take place.

The aforementioned situation coupled with the fact that the island is a popular touristic destination has

created distortions to land prices leading to its very high valuation. A large percentage of the area

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covered by the NATURA 2000 network is private land. The existence of the network and the need for

restrictions to development in such a way as to coexist with nature protection has led to very low

acceptance of the network by the citizens since they believe that there is very high opportunity cost for

the network and made the implementation of actions to private land to be a difficult and expensive

task to achieve. Monitoring and supervision in these areas should be rigorous as the pressures for other

uses are more intense.

Y.4 - Can any costs be identified (especially regarding compliance) that are out of

proportion with the benefits achieved? In particular, are the costs of compliance

proportionate to the benefits brought by the Directives?

Please provide any quantitative evidence you may have demonstrating that the costs of implementing

the Directives exceed the benefits. Do the Directives require any measures which give rise to

significant costs but which bring about little, or only moderate benefits?. If so, please explain the

extent to which any imbalances are caused by the Directives themselves, or by specific approaches to

implementation.

Answer:

As mentioned in Section 1 of the questionnaire there was no specific nature protection legislation,

apart from the Forest’s Law before 2003, the country’s accession to the EU. Therefore the regulation

of nature issues though the directives has created the impression that it imposed a burden on business

and on the regulatory process regarding development issues.

In reality, this is not the case however, since though a number of studies and through numerous

political statements it is generally admitted that the protection of natural capital is an investment with

long term benefits.

The risks for penalties from the European Court of Justice and the subsequent costs involved are a

matter of concern for the country. Several cases of non-implementation have resulted in infringement

procedures. The costs for corrective actions, both administrative and financial, are surely considerable

and could have been avoided if proper implementation of the directives had taken place.

On the other hand non implementation, as expected, results in fewer benefits both for the protection

NATURA 2000 network as well as for the local communities living near NATURA 2000 sites.

An example in Cyprus involves the mountainous NATURA 2000 sites where the local neighbouring

communities not being able to take advantage of the large tourism waves targeting mainly sun and

beach resorts, have higher acceptance of the NATURA 2000 and expect the government to help them

take advantage of it. However due to lack of adequate funding effort are being concentrated in areas

where there are still major threats. However a good example could have a multiplying effect in the

implementation of the directives.

It should also be mentioned that non-implementation of the directives also leads to lack of thorough

data on habitats and species. This consequently creates uncertainty and extensive use of the

precautionary principle leading to delays in decision making as well as to doubtfulness of decisions

especially by the business community.

Y.5 - Can good practices, particularly in terms of cost-effective implementation, be

identified?

Here we are looking for examples of where the objectives of the Directives are being met more cost-

effectively in some Member States or regions than others, and the reasons for these differences. It is

important to understand whether they are due to particular practices (rather than, for example,

differences in needs, circumstances or economic factors) that have kept costs relatively low. We would

welcome examples of differences in practices between Member States in implementing the

requirements of the Directives, including initiatives designed to achieve cost-effective implementation,

and evidence of whether these initiatives or practices have reduced costs in certain Member States or

regions.

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Answer:

No information is available

Y.6 - What are likely to be the costs of non-implementation of legislation?

This question seeks to gather evidence on the impacts of non-implementation of the Birds and Habitats

Directives, and its associated costs, whilst assuming that some measures would be taken to conserve

nature. Taking into account current national measures that do not arise directly from obligations

under the Directives, please describe and, if possible, quantify, with supporting evidence, the potential

impacts and associated costs of non-implementation of the Directives, for instance on: habitats and

species of Community interest and wider biodiversity; ecosystem services (eg in relation to carbon

sequestration, areas for recreation); and economic and social costs (eg jobs and health).

Answer:

The non- implementation of the directives would lead to the following:

Not adequate protection of some species even internationally flag species such as sea turtles.

Additionally, this can be seen in the areas where there is no government control and the acquis

communaitaire is not implemented. For example, Pentadaktylos quarries non-implementation

in the north-occupied part vs. implementation in the government controlled area has both

environmental and economic costs on the island.

Not adequate protection of migratory bird species with consequences for the EU as a whole.

Indirect effects to the role of the EU in the international protection arena.

Efforts to promote ecotourism would fail. Non-implementation would have an impact on

tourism activities and the visitor’s sustained potential to visit the island. Cyprus is a popular

tourism destination and a major bird passing corridor. Many tourists visit the island to enjoy

natural areas and experience nature related activities like bird watching, cycling, trekking,

landscape viewing etc. Non-implementation would prove detrimental to this industry. As an

example people who visited and bought houses near-by Peyeia area (Pafos District) have now

moved out of these areas as overexploitation and habitat destruction has pushed individuals to

move outside this area and look for attractive and areas with natural beauty to visit or stay.

Y.7 - Taking account of the objectives and benefits of the directives, is there evidence

that they have caused unnecessary administrative burden?

This question seeks to gather evidence of any unnecessary burden arising from the administrative

requirements of the Directives for different stakeholders (MS authorities, businesses, landowners, non-

governmental organisations, citizens). Administrative burdens are the costs to businesses and citizens

of complying with information obligations resulting from legislation, and relate to information which

would not be collected in the absence of the legislation. Some administrative burdens are necessary if

the objectives of the legislation are to be met effectively. Unnecessary burdens are those which can be

reduced without affecting the objectives. Quantitative evidence may include typical requirements in

terms of human resource inputs, financial costs (such as fees and wages), delays for development and

other decision-making processes, and other measures of unnecessary or disproportionate burden the

administrative costs in terms of effort and time, and other inputs required, financial costs, delays and

other measures of unnecessary or disproportionate burden.

Answer:

The implementation of the directives has caused the increase of administrative burden since as

mentioned at the beginning there were no legislative or institutional provisions before the country’s

accession to the EU to protect nature and biodiversity outside forests. However this cannot be

considered unnecessary burden since as mentioned before there are still inadequacies in staff

recruiting and in general management of the NATURA 2000 network.

On the contrary, one might argue that the opposite, the non-implementation of the directive has caused

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unnecessary burden both administrative as well as to businesses. This is caused mainly by the

additional resources needed to define and implement corrective actions where necessary.

The avoidance of corrective actions can be directly linked to the adequacy of data on habitats and

species. As aforementioned the improvement of knowledge base is necessary to be able to make

appropriate decisions on development projects.

Y.8 - Is the knowledge base sufficient and available to allow for efficient

implementation?

This question seeks to establish the extent to which adequate, up-to-date and reliable information

required to implement the Directives efficiently is available, such as information related to the

identification, designation, management and protection of Natura 2000 sites, the choice of

conservation measures, the management and restoration of habitats, the ecological requirements of

species and the sustainable hunting/use of species, permitting procedures, etc. Please indicate key

gaps in available knowledge relating to your country and, if relevant, at biogeographical and EU

levels. If possible, please provide evidence that inadequacies in the knowledge base have contributed

to the costs and burdens identified in previous questions.

Answer:

There is sufficient knowledge base for a generally efficient implementation of the directive. There is a

need for the state to invest in the areas where knowledge is still lacking. Improvement of knowledge

can contribute to improve the process, e.g. AA

Need to invest in monitoring in order to be able to define the favourable condition of species. This

would create more certainty and improve efficient permitting of development projects.

For the knowledge base to improve there is certainly a need for further allocation of resources to both

for monitoring as well as filling the gaps in knowledge for habitats and species.

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Relevance

Relevance concerns the extent to which the objectives of the nature Directives are consistent with the

needs of species and habitats of EU conservation concern. The question of relevance relates to whether

the objectives of the legislation are still necessary and appropriate; whether action at EU level is still

necessary in light of the challenges identified and whether the objectives and requirements set out in

the EU nature legislation are still valid.

R.1 - Are the key problems facing species and habitats addressed by the EU nature

legislation?

By ‘key problem’, we mean the main pressures and threats that species and habitats face, which are

significantly widespread in terms of their incidence (geographic extent) and/or magnitude/severity. Do

the Nature Directives respond adequately to these problems? Are the specific and operational

objectives of the Directives suitable in light of the key problems identified? Please justify your answers

with evidence.

Answer:

The HD and the BD address the main threats and pressures that species and habitats face.

Key pressures and threats:

1) Soil sealing: Particularly building construction for tourism and residential purposes as well as

uncontrolled development in natural and countryside areas.

2) Development of projects (all scales) in the rural areas includes electrical network, and roads

from local council without any assessment

3) Infrastructure developments and habitat fragmentation including dense road network in natural

areas.

4) Reforestation of agricultural land and agricultural practices (reforming of agriculture

categories) including agricultural intensification.

5) Pesticides and herbicides/insecticides

6) Invasive alien species

7) Big development projects (i.e. energy and golf course developments in or near wilderness

areas)

8) Land use changes on a big scale (changes in landscape and landscape features)

9) Overgrazing

10) Overexploitation of water and construction of dams

11) Quarries

12) Coastal /touristic development

13) Illegal killing and trapping of birds

The Directives respond adequately to these pressures. Correct and timely implementation of the

Directives has proved very useful to mitigate, minimize and stop the main threats faced by habitats

and species.

Additionally, habitat and species protection outside of state forests would not be possible without the

two directives in Cyprus.

Since the implementation of the NDs in Cyprus, some problems have arisen having to do with

development policies and economic growth issues. Cyprus being a small island, with 38% of its

territory not under government effective control, a high percentage of privately owned land and with a

high level of biodiversity and endemism, has faced some initial problems in the implementation of the

HD. As time passes and the general public becomes more aware and its attitude is changing favorably

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towards the network.

These issues make Cyprus unique when compared to other EU MSs.

R.2 - Have the Directives been adapted to technical and scientific progress?

With this question, we are seeking to examine the implications of technical and scientific progress

regarding the habitats and species that the Directive focus on. Please summarise, and provide any

evidence you may have that indicates that the annexes listing habitats and species in both Nature

Directives are, or are not, sufficiently updated to respond to technical and scientific progress.

Answer:

We believe that the current procedures allow for the sufficient update of the annexes to respond to

technical and scientific progress. Any changes in the Annexes, further from those implemented with

the accession of new countries and/or the identification of new habitats or species in need of protection

would not be fruitful at the time being. There are many other challenges that we are facing in

implementing and fulfilling the objectives that need to be addressed first, i.e. funding of

implementation costs.

R.3 How relevant are the Directives to achieving sustainable development?

This question seeks to examine the extent to which the Directives support or hinder sustainable

development, which is about ensuring that the needs of the present generation are met without

compromising the ability of future generations to meet their own needs. It requires ensuring a balance

between economic development, social development and environmental protection. . In your answer,

please provide evidence of the impacts that implementation of the Directives has had in relation to

these three 'pillars' of sustainable development.

Answer:

The Directives are relevant to achieving sustainable development, as they do not prevent growth and

development but rather they make sure of its compatibility with nature protection, ensuring that

natural resources will be available for future generations.

Environment pillar: The Nature Directives are the cornerstone of the EU efforts to environmental

sustainability

Social pillar: Implementation of the Directives also offers many social benefits, such as health and

well-being.

Economic pillar: Environmental protection offers many jobs both directly and indirectly (various

activities depend on the state of good environment and natural areas). Many businesses depend on

good environmental status and the protection of natural habitats, such as the tourist industry and its

specific activities like cycling, nature safaris, trekking, bird watching and site and landscape seeing. It

can also improve agricultural performance and water quality.

In one important example in Cyprus the implementation of both directives has led to amendments of

the Planning and Countryside Law in Cyprus, which now incorporate biological diversity and

sustainability into planning zoning.

R.4 - How relevant is EU nature legislation to EU citizens and what is their level of

support for it?

The aim of this question is to understand the extent to which citizens value the objectives and intended

impact of the EU nature legislation. To this end, we would like to obtain information and evidence on

the extent to which nature protection is a priority for citizens (e.g. in your country), including in

comparison with other priorities; for example whether citizens (e.g. in your country) support the

establishment and/or expansion of protected areas, the extent to which they access/use them or; the

extent to which citizens are involved in any aspect of the implementation of the Directives (e.g.

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participation in the development of management plans of protected areas or decisions concerning the

permitting of projects which have an impact on protected areas).

Please note that the Birds and Habitats Directives may be relevant to citizens even if they do not

actually know of their existence or the existence of the Natura 2000 network.

Answer:

EU nature legislation is very relevant to EU citizens. This can be extracted from the EU barometers

which show the importance citizens give to environmental protection.

Initially the vast majority of citizens in Cyprus did not support the establishment and/or expansion of

protected areas, since they viewed it as a hindrance for development and economic growth. This is of

course largely because the HD and BD were not marketed correctly to them from the beginning, since

its implementation was done rather quickly due to our EU accession requirements.

This is why we consider the participation and consultation with the public when designating areas or

when management plans are being prepared and implemented a very important tool for raising

awareness and gaining support for the network.

In recent years, there has been more support for the Network, mostly by young people, however many

issues remain to be resolved.

Another piece of evidence that we are going in the right direction is the large number of environmental

NGOs that are active in Cyprus and their participation in projects, consultations and actions towards

protecting nature.

R.5 - What are citizens’ expectations for the role of the EU in nature protection?

The aim of this question is to obtain information and evidence on questions such as: whether citizens

submit complaints or petitions to the EU requesting its involvement on cases regarding nature

protection, whether citizens expect the EU to become more involved in promoting nature protection,

or whether nature protection should be left to each individual Member State; whether citizens expect

the EU to introduce laws on nature protection to be applied in all Member States equally or whether

the EU should limit itself to coordinating Member States’ initiatives; whether the EU should focus on

laying down rules, or whether the EU should more actively promote their monitoring and enforcement

in Member States.

Answer:

Concerned and more nature-sensitive citizens do submit complaints or petitions to the EU requesting

its involvement on cases regarding nature protection in Cyprus. They seek support from the EU to

push for better management and protection of the areas.

Some also reach out the Commission and to EU authorities seeking solutions to problems arising from

the requirements of the HD and BD, such as funding, land purchasing and compensation for land use

loss, etc.

Another group, mainly private and specialty interests, believes that nature protection should be left to

each individual Member State and that since our accession into the EU their property and/or

development rights have been compromised.

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Coherence

Evaluating the coherence of legislation, policies and strategies means assessing if they are logical and

consistent, internally (i.e. within a single Directive), with each other (i.e. between both Directives),

and with other policies and legislation. Here we are looking for evidence regarding how far and in

what ways the Directives are complementary and whether there are significant contradictions or

conflicts that stand in the way of their effective implementation or which prevent the achievement of

their objectives.

C.1 – To what extent are the objectives set up by the Directives coherent with each

other?

This question focuses on coherence between objectives within each Directive, and/or between

objectives of the Birds and Habitats Directives. It covers not only the strategic objectives but also the

specific and operational objectives set out in Annex I to this document. Based on experience in your

country/region/sector, please provide evidence of any inconsistencies between the objectives that

negatively impact on the implementation of the Directives.

Answer:

Overall the two Directives complement each other and are quite coherent, with objectives that are

consistent and corresponding.

Although the Habitat Directive lies within the Ministry of Agriculture, Rural Development and

Environment and the Birds Directive lies within the Ministry of the Interior, there is very good

cooperation and coordination between the competent authorities. In many cases this has actually

proven helpful to adapt and change policies in the right direction.

The two ministries have a well-established route of communication and cooperation and although the

split in the implementation of the two directives is challenging it is tackled accordingly.

C.2 – To what extent are the Directives satisfactorily integrated and coherent with other

EU environmental law e.g. EIA, SEA?

This question is similar to the previous question, but focuses on the extent to which the EU Nature

Directives are coherent with and integrated into other EU environment legislation, and the extent to

which they are mutually supportive. EU environment legislation of particular relevance to nature

conservation includes the following:

Strategic environmental assessment of policy plans and programmes 2001/42/EC Directive

(SEA)

Environmental impact assessment of projects 85/337/EC Directive as codified by Directive

2011/92/EU (EIA)

Water Framework Directive 2000/60/EC, (WFD)

Marine Strategy Framework Directive 2008/56/EC (MSFD)

Floods Directive 2007/60/EC (FD)

National Emission Ceilings Directive 2001/81/EC (NECD)

Environmental Liability Directive 2004/35/EC (ELD).

This question considers how the main provisions and measures set out in these instruments interact

with the EU nature legislation, including whether there are potential gaps or inconsistencies between

these instruments and the EU nature legislation, for example whether the current permitting

procedures are working in a coherent way or whether they are acting as barriers to achieve the EU

Nature Directive’s objectives; whether the assessments required under the different pieces of EU

legislation, in particular under the EIA, are aligned or whether there are differences which result in

additional administrative burden; whether any identified gaps and inconsistencies are due to the texts

of the Directives or due to implementation in your/a Member State.

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Answer:

The Nature Directives are coherent and integrated with other EU environmental policies and laws.

Although, the HD and BD have clear and tangible targets and objectives, other environmental policies

and/or laws might not be as ambitious or as firm, thus creating a gap between the implementing

authorities of the different directives and possibly creating problems with the enforcement and

reaching the objectives of the HD and BD.

At National Level:

We believe that there is complementarity between the Birds and Habitats and EIA and SEA Directives

since the two procedures are consecutive with the former ones feeding to the latter. What would be

useful is to perform the assessements in a timely manner as not to create unnecessary delays. As far as

WFD and FD are concerned there are some concerns for possible conflicts with the requirements of

these directives and the objectives of the Habitats Directive. For example, a lake may require certain

adjustments so that it fulfils the objectives of the FD, but such adjustments may be against the

objectives of the HD.

Despite the above, all the EU environmental laws are designed in a coherent and complementary way

and each MS should strive to achieve full implementation and enforcement so that the benefits from

each one can add up and provide best results.

C.3 - Is the scope for policy integration with other policy objectives (e.g. water, floods,

marine, and climate change) fully exploited?

This question is linked to the previous questions as it addresses the extent to which the objectives of

the Nature Directives have been integrated into or supported by the objectives of other relevant EU

environment policies. However, this question focuses more on policy implementation. The other EU

legislation and policies targeted in this question are the same as those referred to under question C.2,

as well as climate change policy. When answering this question, please note that the scope of

integration refers to the integration from the EU Nature Directives to other policies as well as to the

extent in which the objectives of these other policies are supported by the implementation of the

Nature Directives.

Answer:

It is evident that there is an attempt for other policies to integrate the objectives of the Nature

Directives, but this is done inadequately. Especially with regards to the EU climate change policy.

The importance of the Natura 2000 Network and the possibilities it encompasses in resisting climate

change and providing a way for biodiversity to adapt and survive needs to be identified and integrated

in all policies. As far as climate adaptation is concerned the role of the implementation is significant

and is reflected in the draft strategy prepared (http://cypadapt.uest.gr/?page_id=107).

C.4 – To what extent do the Nature Directives complement or interact with other EU

sectoral policies affecting land and water use at EU and Member State level (e.g.

agriculture, regional and cohesion, energy, transport, research, etc.)?

In this question we are aiming at gathering evidence on whether the provisions of EU nature

legislation are sufficiently taken into account and integrated in EU sectoral policies, particularly in

agriculture, rural development and forestry, fisheries and aquaculture, cohesion or regional

development, energy, raw materials, transport or research policies. It also addresses whether those

policies support and act consistently alongside EU nature legislation objectives Please provide

specific examples which show how the Nature Directives are coherent with, or conflict with, relevant

sectoral legislation or policies. Please be as precise as possible in your answers, e.g. pointing to

specific articles of the legislation and how they support or contradict requirements or objectives of

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other legislation or policies, stating what are main reasons or factors for the lack of consistency and

whether there are national mechanisms in place to monitor coherence.

Answer:

In looking at other EU sectoral policies one can see that there is interaction with the Nature Directives.

However, these interactions are not always positive and may even be conflicting. In some cases the

sectoral policies do not take into account the objectives of the Nature Directives then they can

seriously hinder reaching the targets and fulfilling objectives.

For example, the CAP provides incentives that indirectly push for agricultural production. At the same

time farmers may receive environmental subsidies for preventing damage and protecting important

habitats. Due to the different costs, different difficulty-levels and of course different monetary subsidy

makes the two subsidy mechanisms not working in complementarity.

Changes in these incentive systems that would allow for nature protection to become the best possible

choice for beneficiaries would definitely help with the implementation of the nature directives. Well-

designed and targeted funding systems can have a significant effect on biodiversity, however at the

time being such systems are few and inadequate.

C.5 - How do these policies affect positively or negatively the implementation of the EU

nature legislation

In this question, we are keen to gather evidence on whether agriculture and rural development,

fisheries and aquaculture, cohesion or regional development, energy, raw materials, transport and

research policies have a positive or negative impact on the achievement of the objectives of nature

legislation. Please provide specific examples/cases (including infringement cases or case law), which

demonstrate clear conflicts or incoherencies between sectoral policies and EU nature legislation,

and/or examples showing how specific policies influence the implementation of the Nature Directives

in a positive or negative way, for example in relation to Article 6 of the Habitats Directive (see Annex

I to this questionnaire). Where possible, please include evidence of the main factors influencing the

positive and negative effects. Please consider in your answer what ex ante and ex post evaluation

procedures are applied to ensure that this coherence is implemented or supervised.

Answer:

Funding to support nature conservation and allow for achieving global biodiversity targets should have

been an important objective of other sectoral policies. However, this is not the case in practice. A lot

of times objectives set in sectoral policies may impede the objectives or even the implementation of

the Nature Directives (see example of CAP in question C4).

C.6- To what extent do they support the EU internal market and the creation of a level

playing field for economic operators?

This question seeks to gather evidence of the implications of the EU Nature Directives for economic

operators in terms of whether they help ensure a level playing field across the EU (e.g. by introducing

common standards and requirements for activities carried out in or around Natura 2000 areas or

otherwise depend on natural resources protected under the Directives), predictability and legal

certainty (e.g. helping to avoid that developments are blocked due to 'Not In My Backyard' type

challenges), or whether they negatively affect the internal market.

Answer:

The Directives play an important role in creating a level playing field for economic operators. The

environmental standards allow for the proper functioning of the internal market and prevent MSs from

gaining competitive advantages by overexploitation of resources and destruction of the environment.

This can be seen in Cyprus in the area not under government control such as the Pendadactylos

quarries where distortion of not having a standard and level playing field has impacts.

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Also, environmental standards allow for new markets for environmental products or services to

emerge and can be used to promote a MS to third countries (i.e. tourism) that value environmental

protection and on the other hand push for a change in the ways of other countries wishing to trade with

the EU.

Within a Member State, such standards also create equality and provide a tool for policy and decision

makers to promote the protection of the environment through rewarding businesses that follow the

standards.

C.7 – To what extent has the legal obligation of EU co-financing for Natura 2000 under

Article 8 of the Habitats Directive been successfully integrated into the use of the main

sectoral funds?

This question builds on question Y.2 on the availability and access to funding, but aims at examining

whether Member States have sufficiently identified the funding needs and are availing of EU funding

opportunities to meet the requirements of Article 8 of the Habitats Directive. EU co-funding for the

Natura 2000 network has been made available by integrating biodiversity goals into various existing

EU funds or instruments such as the European Agricultural Fund for Rural Development (EAFRD),

European (Maritime and) Fisheries Fund (EFF / EMFF), Structural and Cohesion funds, LIFE and

Horizon 2020. In your reply, please distinguish between different sources of funding.

Answer:

Our main concern is that many funding opportunities have been missed in using EU funds for co-

financing of Natura 2000. The funding opportunities do not allow for easy access and

implementation.

The most used tool for financing Natura 2000 in Cyprus has been the LIFE programme. It was and

still is the most accessible instrument with lots of funding opportunities that have allowed us to

perform scientific and management actions to enhance the Network, build partnerships and better the

public image of the Network.

Apart from LIFE, no other funding mechanism has been substantially used for nature protection and

site management.

A more specific tool for funding environment actions or even more specifically nature protection

should be considered.

C.8 - Are there overlaps, gaps and/or inconsistencies that significantly hamper the

achievements of the objectives?

This question refers to overlaps, gaps and/or inconsistencies in the different EU law/policy

instruments regarding nature protection. It therefore depends largely on the results of other questions

related to the coherence of the Nature Directives with other EU law and policies. When answering this

question you may want to consider whether the identified overlaps, gaps and inconsistencies hamper

the achievement of the Directive’s objectives (e.g. see Annex I to this questionnaire).

Answer:

There are no gaps or inconsistencies within the Directives that hamper achievement of the objectives,

however enforcement of EU environmental laws is a very challenging issue that needs to be addressed.

C.9 - How do the directives complement the other actions and targets of the biodiversity

strategy to reach the EU biodiversity objectives?

With this question we seek to collect evidence on ways in which the implementation of measures under

the Birds and Habitats Directives that are not explicitly mentioned in the EU Biodiversity Strategy,

help to achieve actions and targets of the EU Biodiversity Strategy. For example, restoration of

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Natura 2000 sites can significantly contribute to helping achieve the goal under Target 2 of the EU

Biodiversity Strategy to restore at least 15% of degraded ecosystems.

Answer:

The NDs have actions and targets that allow for the achievement of the goals set in the EU

Biodiversity Strategy. Apart from target which makes a direct link to the directive, target 2, 3 , 4 and

5 are also linked to the implementation of the directives.

Concerning Target 2 the NATURA 2000 network with green infrastructure actions such as the

connecting corridors and with necessary restoration activities can contribute to the target set.

Concerning restoration for example in Cyprus the restoration of coastal sand dunes within the

NATURA 2000 network is an important contribution to the restoration of this habitat.

Concerning targets 3 and 4 the forest, agriculture and fisheries sectors include NATURA 2000 areas

therefore the implementation of the directives coupled with the realization of the sectors’ activities

would lead to win-win situations.

As far as combatting Invasive Alien Species the NATURA 2000 network is directly linked as the sites

would be the most important areas which efforts should concentrate on.

C.10: How coherent are the directives with international and global commitments on

nature and biodiversity?

This question seeks to assess whether and how the EU nature legislation ensures the implementation

of obligations arising from international commitments on nature and biodiversity which the EU and/or

Member States have subscribed to7, and whether there are gaps or inconsistencies between the

objectives and requirements of the EU nature legislation and those of relevant international

commitments, including the way they are applied. For example, the Directives’ coherence with

international agreements which establish targets relating to nature protection and/or require the

establishment of networks of protected areas.

Answer:

For Cyprus the implementation of the Nature Directives has provided the tools and framework that has

set the base of working towards meeting our obligations arising from several international

commitments, i.e. CBD, Bern Convention, Ramsar, CMS, and Mediterranean Sea Convention.

7 e.g. Bern Convention; Convention on Biological Diversity; Convention for the Protection of the World Cultural and Natural

Heritage; Ramsar Convention; European landscape Convention; CITES Convention; CMS (Bonn) Convention; International

Convention for the protection of Birds; Agreement on the Conservation of African-Eurasian Migratory Waterbirds; Regional

Sea Conventions (Baltic, North East Atlantic, Mediterranean and Black Sea).

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EU Added Value

Evaluating the EU added value means assessing the benefits/changes resulting from implementation of

the EU nature legislation, which are additional to those that would have resulted from action taken at

regional and/or national level. We therefore wish to establish if EU action (that would have been

unlikely to take place otherwise) made a difference and if so in what way? Evidence could be

presented both in terms of total changes since the Directives became applicable in a particular Member

State, in changes per year, or in terms of trends.

AV.1 - What has been the EU added value of the EU nature legislation?

When responding to this question, you may wish to consider the following issues: What was the state

of play or the state of biodiversity in your country at the moment of the adoption of the Directives

and/or your country’s entry into the EU? To what extent is the current situation due to the EU nature

legislation? In answering this question, please consider different objectives/measures set out in the

Directives (eg regarding protected areas, species protection, research and knowledge, regulation of

hunting, etc, including their transboundary aspects).

Answer:

EU nature legislation has made a huge difference because it has set the stage for nature protection in

Cyprus.

With the accession of Cyprus into the Union and the mandatory implementation/adoption of

directives, laws and regulations has offered a solid framework for nature protection and conservation

outside of state forests. It has allowed for a political push towards the environment.

The implementation of the Directives has increased species protection considerably and has created

new research and educational opportunities.

Actions/activities that would not have been possible without the Nature Directives:

1. Establishment of protected areas outside of state forests

2. Protection of wetlands

3. Species-targeted protection and actions

4. Habitats-targeted protection and actions (outside of state forests)

5. Protection of a wider range of bird species.

6. Identification of endemic and/or unique species and habitats and their importance for

biodiversity

7. Improvement of the conservation status of many habitats and species

8. Public awareness and sensitivity increase with regards to nature protection

9. Funding for nature protection, especially species and habitats targeted projects

10. Scientific knowledge and dissemination thereof among public sector and in academics

11. Better regulated hunting (i.e. no hunting during spring)

Also, the cooperation at biogeographical level has increased and is offering new knowledge exchange

of ideas and experiences between neighboring countries that face similar issues with regards to nature

protection (i.e. same climatic features, same challenges i.e. droughts etc.)

Additionally, the provisions regarding appropriate assessment has allowed for a more spherical view

of the impacts of large projects on the environment and more specifically on species and habitats. For

the first time development is subject to strict rules and town and rural planning is required to take into

consideration habitats and species.

AV.2 - What would be the likely situation in case of there having been no EU nature

legislation?

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This question builds on question AV.1. In answering it, please consider the different

objectives/measures set out in the Directives (eg. whether there would be a protected network such as

that achieved by Natura 2000; whether the criteria used to identify the protected areas would be

different, whether funding levels would be similar to current levels in the absence of the Nature

Directives; the likelihood that international and regional commitments relating to nature conservation

would have been met; the extent to which nature conservation would have been integrated into other

policies and legislation, etc).

Answer:

The protection of habitats, fauna and flora outside of state forest would not be possible in Cyprus

without the Directives. They have set the standards and the criteria in identifying protected areas and

has allowed for more hands-on protection of species. The first Nature Law in Cyprus, other than that

regarding state forests, was implemented in 2003, as a harmonization for the two Directives. The

situation would have been much worse, as EU Nature legislation has greatly helped protecting

significant areas and species that would not have otherwise be protected.

Additionally, many nature projects that have taken place (i.e. under LIFE) would not be possible and

the added value of these projects would not be taken into consideration.

It has also increased the ability of small nations, like Cyprus, to meet our international obligations

regarding International Conventions and global targets dealing with biodiversity and nature protection.

Another important benefit of the Directives is the common ground they set for all member-states and

allows for exchange of knowledge and practices and a common “language” for all with regards to

nature protection. Without this “networking” the knowledge and know-how would be lost or hindered.

Also, it is very likely that a non-common approach across Europe and a “business as usual” for each

member-state would not have allowed for the results we see now with regards to species and habitats

conservation status improvements, possibly not even the possibility to compare and extract common

results. The coordination and common ground that the Directives have set for all MSs allows for

better tackling of the global challenge to halt biodiversity loss.

The Directives also helped the integration of conservation and sustainability into other sectoral

policies although more work is needed in this field.

Similarly, the illegal bird trapping phenomenon would have been much worse without the relevant

directive.

AV. 3 - Do the issues addressed by the Directives continue to require action at EU level?

When answering this question the main consideration is to demonstrate with evidence whether or not

EU action is still required to tackle the problems addressed by the Directives. Do the identified needs

or key problems faced by habitats and species in Europe require action at EU level?

Answer:

Action at EU level is very much needed still, as the pressures on biodiversity are still huge and

increasing. Although a lot of progress has been made and an improvement with regards to the

conservation status of habitats and species, the pressures on biodiversity are still vast and without

boundaries. No matter what each MS does on a national level nature knows no boundaries and as such

coordination and common goals are essential for the achievement of global targets.

Actions are more challenging now with the effects of climate change tipping the scales and there are

still many issues of transboundary nature, such as the protection of migratory species.

From all of the above it can be said that not only should EU action should continue but more will have

to be done to ensure that global targets are met.

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Annex 1: Objectives of the Directives

Overall

objective

To contribute to ensuring biodiversity through conservation of Europe's most valuable

and threatened habitats and species, especially within Natura 2000 Birds Directive Habitats Directive

Strategic

Objectives

Art. 2: Maintain the population of all

species of naturally occurring wild birds

in the EU at a level which corresponds

in particular to ecological, scientific

and cultural requirements, while taking

account of economic and recreational

requirements, or to adapt the

population of these species to that

level.

Art 2: Maintain or restore natural habitats

and species of Community interest at a

favourable conservation status (FCS), taking

into account economic, social and cultural

requirements and regional and local

characteristics.

Specific

Objectives

Art. 3: Preserve, maintain or re-establish

a sufficient diversity and area of

habitats’ for birds, primarily by creating

protected areas, managing habitats

both inside and outside protected

areas, re-establishing destroyed

biotopes and creating new ones.

Art. 5: Establish a general system of

protection for all birds.

Art. 7: Ensure hunting does not

jeopardize conservation efforts and

complies with the principles of wise use

and ecologically balanced control of

the species concerned.

Art 4: Establish Natura 2000 – a coherent

network of special areas of conservation

(SACs) hosting habitats listed in Annex I)

and habitats of species listed in Annex II),

sufficient to achieve their FCS across their

natural range, and SPAs designated under

the Birds Directive.

Art. 6: Ensure SCIs and SACs are subject to

site management and protection.

Art 10: Maintain/develop major landscape

features important for fauna and flora

Art. 12-13: ensure strict protection of species

listed in Annex IV.

Art. 14: ensure the taking of species listed in

Annex V is in accordance with the

maintenance of FCS.

Art. 22: Consider the desirability of

reintroducing species listed in Annex IV that

are native to their territory.

Measures/

Operations

objectives

Site Protection system

Art. 4:

4(1): Designate Special Protection

Areas (SPAs) for threatened species

listed in Annex I and for regularly

occurring migratory species not listed in

Annex I, with a particular attention to

the protection of wetlands and

particularly to wetlands of international

importance.

4(3): Ensure that SPAs form a coherent

whole.

4(4): [Obligations under Art 6(2), (3) and

(4) of Habitats Directive replaced

obligations under first sentence of 4(4)].

Outside SPAs, strive to avoid pollution or

deterioration of habitats.

Species protection system

Art. 5 (a-e): Prohibit certain actions

relating to the taking, killing and

deliberate significant disturbance of

wild birds, particularly during the

breading and rearing periods.

Art. 6: Prohibit the sale of wild birds

except of species listed in Annex III/A and, subject to consultation with the

Commission, those listed in Annex III/B.

Site Protection system

Arts. 4 & 5: Select Sites of Community

Importance (SCIs) and SACs, in relation to

scientific criteria in Annex III.

Art. 6(1): Establish necessary conservation

measures for SACs.

Art. 6(2): [Take appropriate steps to?]Avoid

the deterioration of habitats and significant

disturbance of species in Natura 2000 sites.

Plans or projects

Art. 6(3/4): Ensure, through an ‘appropriate

assessment’ of all plans or projects likely to

have a significant effect on a Natura 2000

site, that those adversely affecting the

integrity of the site are prohibited unless

there are imperative reasons of overriding

public interest.

Art. 6(4): When plans or projects adversely

affecting the integrity of a site are

nevertheless carried out for overriding

reasons, ensure that all compensatory

measures necessary are taken to ensure

the overall coherence of Natura 2000.

Financing

Art. 8: Identify required financing to

achieve favourable conservation status of

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Art. 7: Regulate hunting of species listed

in Annex II and prohibit hunting in the

breeding and rearing seasons and, in

the case of migratory birds, on their

return to breeding grounds.

Art. 8: Prohibit the use of all means of

large-scale or non-selective capture or

killing of birds, or methods capable of

causing the local disappearance of

species, especially those listed in Annex

IV.

Art 9: Provide for a system of

derogation from protection of species

provisions under specified conditions

Research

Art. 10: Encourage research into

relevant subjects, especially those listed

in Annex V.

Non-native species

Art 11: Ensure introductions of non-

native species do not prejudice local

flora and fauna.

Reporting

Art 12: report each 3 years on

implementation

priority habitats and species, for the

Commission to review and adopt a

framework of aid measures.

Landscape features

Art 10: Where necessary, encourage the

management of landscape features to

improve the ecological coherence of the

Natura 2000 network.

Surveillance

Art. 11: Undertake surveillance of the

conservation status of habitats and species

of Community interest.

Species protection system

Art 12 & 13: Establish systems of strict

protection for animal species and plant

speces of Annex IV prohibiting specified

activities.

Art. 14: Take measures to ensure that

taking/ exploitation Annex V species is

compatible with their maintenance at FCS

Art. 15: Prohibit indiscriminate means of

capture/killing as listed in Annex VI.

Art. 16: Provide for a system of derogation

from protection of species provisions under

specified conditions

Reporting

Art 17: report on implementation each 6

years, including on conservation measures

for sites and results of surveillance.

Research

Art. 18: undertake research to support the

objectives of the Directive.

Non-native species

Art. 22: ensure that introductions of non-

native species do not prejudice native

habitats and species.

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Annex 2: Typology of cost and benefits

This annex sets out a typology of costs and benefits resulting from implementation of the Nature

Directives in the EU, which need to be considered in the evaluation.

Typology of Costs

The evaluation will consider costs which result directly and indirectly from the Directives, including

both monetary costs (i.e. involving direct investments and expenditures) and non-monetary costs

(involving additional time inputs, permitting delays, uncertainty and missed opportunities).

It will include both the compliance costs of the legislation, and any opportunity costs resulting from

missed or delayed opportunities for development or other activities. Compliance costs can be further

divided into administrative costs and costs of habitat and species management. Examples of each

of these types of costs are set out in Table 1.

Administrative costs refer to the costs of providing information, in its broadest sense (i.e. including

costs of permitting, reporting, consultation and assessment). When considering administrative costs,

an important distinction must be made between information that would be collected by businesses and

citizens even in the absence of the legislation and information that would not be collected without the

legal provisions. The costs induced by the latter are called administrative burdens.

Evidence of these costs will include:

Monetary estimates of investments required and recurrent expenditures on equipment,

materials, wages, fees and other goods and services; and

Non-monetary estimates of administrative time inputs, delays, missed opportunities and

other factors affecting costs.

Typology of benefits

The evaluation will collect evidence on the direct and indirect benefits derived from EU nature

legislation, which include benefits for biodiversity and for the delivery of ecosystem services, and the

resultant effects on human well-being and the economy.

The ecosystem services framework provides a structured framework for categorising, assessing,

quantifying and valuing the benefits of natural environmental policies for people. However, it is also

widely recognised that biodiversity has intrinsic value and that the Directives aim to protect habitats

and species not just for their benefits to people, but because we have a moral duty to do so. In

addition, consideration of benefits needs to take account of the economic impacts of implementation

of the legislation, including effects on jobs and output resulting from management activities as well as

the effects associated with ecosystem services (such as tourism).

A typology of benefits is given in Table 2. Assessment of the benefits of the Directives for

biodiversity is a major element in the evaluation of their effectiveness. Effects on ecosystem services

will be assessed in both:

Biophysical terms – e.g. effects on flood risk, number of households provided with clean

water, number of visitors to Natura 2000 sites etc.; and

Monetary terms – e.g. reduced cost of water treatment and flood defences, value of

recreational visits, willingness to pay for conservation benefits.

Evidence of economic impacts will include estimates of expenditures by visitors to Natura 2000 sites,

employment in the creation and management of the Natura 2000 network, and resultant effects on

gross value added in local and national economies.

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Typology of costs resulting from the Nature Directives

Type of costs Examples Administrative costs

Site designation, including scientific studies, administration,

consultation etc.

Establishing and running of management bodies

Preparation and review of management plans

Public communication and consultation

Spatial planning

Development casework, including time and fees involved in

applications, permitting and development casework affecting

habitats and species, including conducting appropriate assessments

Time and fees involved in compliance with species protection

measures, including derogations

Research

Investigations and enforcement

Habitat and species

management costs Investment costs:

Land purchase

Compensation for development rights

Infrastructure for the improvement/restoration of habitat and species

Other infrastructure, e.g. for public access, interpretation works,

observatories etc.

Recurrent costs - habitat and species management and monitoring:

Conservation management measures– maintenance and

improvement of favourable conservation status for habitats and

species

Implementation of management schemes and agreements with

owners and managers of land or water

Annual compensation payments

Monitoring and surveillance

Maintenance of infrastructure for public access, interpretation etc.

Risk management (fire prevention and control, flooding etc.)

Opportunity costs Foregone development opportunities resulting from site and species

protection, including any potential effects on output and employment

Delays in development resulting from site and species protection, and

any potential effects on output and employment

Restrictions on other activities (e.g. recreation, hunting) resulting from

species and site protection measures

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Evaluation study to support the Fitness Check of the Birds and Habitats Directives

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Typology of Benefits

Type of benefit Examples Benefits for species and

habitats Extent and conservation status of habitats

Population, range and conservation status of species

Ecosystem services Effects of Directives on extent and value (using a range of physical and

monetary indicators) of:

Provisioning services – food, fibre, energy, genetic resources,

fresh water, medicines, and ornamental resources.

Regulating services – regulation of water quality and flows,

climate, air quality, waste, erosion, natural hazards, pests and

diseases, pollination.

Cultural services – recreation, tourism, education/ science,

aesthetic, spiritual and existence values, cultural heritage and

sense of place.

Supporting services – soil formation, nutrient cycling, and

primary production.

Economic impacts Effects of management and ecosystem service delivery on local and

national economies, measured as far as possible in terms of:

Employment – including in one-off and recurring conservation

management actions, as well as jobs provided by tourism and

other ecosystem services (measured in full time equivalents);

Expenditure – including expenditures by visitors as well as

money spent on conservation actions;

Business revenues – including effects on a range of land

management, natural resource, local product and tourism

businesses;

Local and regional development – including any effects on

investment, regeneration and economic development; and

Gross Value Added – the additional wages, profits and rents

resulting from the above.