Basic Principles and Legal Mandate - EU Nature Conservation Directives and Natura 2000
In 1992, the European Union created the Natura 2000 network of protected areas through the establishment of the Fauna-Flora-Habitat Directive (FFH Directive). The goal was to protect Europe’s biodiversity by ensuring that species and habitats of community interest reach a favorable conservation status, as defined by the FFH Directive. In addition, protected areas designated under the Birds Directive, established in 1979, have been incorporated into the Natura 2000 network. Each member state is responsible for the implementation of conservation measures for species and habitats. In Germany, the designation, protection, and financing of Natura 2000 areas are managed by the federal states (BMUV).
To assess progress and challenges with the implementation of the Habitats Directive, each EU member state is required to submit a report every six years. This report assesses the conservation status of all species and habitat types and outlines the current state of the directive's implementation. From this the European Commission compiles a report summarizing and assessing the overall status of the entire Natura 2000 network (Article 17, FFH Directive). The European Commission’s latest report, published in 2020, highlights that negative trends in conservation status have not been reversed. Additionally, the completion of the Natura 2000 network is still ongoing, with significant gaps, particularly in marine areas. Future conservation measures must be adjusted to improve conservation status and halt the decline in Europe’s biodiversity.
Annexes
The various annexes of the FFH Directive list species and habitat types that are particularly endangered across Europe and therefore require special protection through Natura 2000. Each member state is provided with lists of important species and habitats that the state has special responsibility for conserving. In total, Europe has 231 habitat types listed in Annex I and over 1,000 animal and plant species listed in Annexes II, IV, and V. In Germany alone, nearly 100 bird species are listed in Annex I of the Birds Directive (https://www.bfn.de/arten).
Annexes I (Habitat types) and II (Species) list the most endangered habitats and species, which require the designation of special conservation areas, known as FFH areas. Annex IV includes species that are strictly protected in all member states, even outside of FFH areas. Since most species listed in Appendix II are highly endangered, they are also included in Appendix IV of strictly protected species. Thus, any human intervention affecting nature must therefore examine the impact on Annex IV species.
Annex V lists species that have been significantly affected by human activities, such as harvesting or hunting, and therefore require protection from further unregulated exploitation (e.g., Arnica or freshwater crayfish).
FFH and Bird Protection Areas in Germany and Europe
The Natura 2000 network encompasses protected areas established under the FFH and Birds Directives( https://natura2000.eea.europa.eu/), and some of these areas may overlap geographically. In Germany, the 5.200 areas cover 15.5% of the country's terrestrial land and around 45% of its marine areas (as of 2019). Across the EU, nearly 27.000 FFH and Bird Protection Areas cover 18.5% of the total land area of member states (as of 2020). The proportion of FFH areas reported by EU member states (EU27), ranges from 7.4% in Denmark to 32.7% notified land areas in Slovenia (as of June 2020). Overall, Natura 2000 areas accounts for 14.2% of the land area across Europe (BfN: https://www.bfn.de/natura-2000-gebiete).
FFH Areas Report
Germany has reported 4,544 FFH areas to Brussels, distributed across three biogeographical regions (alpine, Atlantic, continental), covering 9.3% of the land area. This also includes 2.123.789 hectares of Lake Constance, as well as marine, coastal, and tidal areas (as of December 13, 2019).
Bird Protection Areas Report
Germany has reported 742 Bird Protection Areas (SPA) so far, covering 11.3% of the land area. This includes 1,972,312 hectares of Lake Constance, as well as marine, coastal, and tidal areas (BfN: https://www.bfn.de/natura-2000-gebiete).
Sources
BfN: https://www.bfn.de/natura-2000-gebiete
BMUV: Federal Ministry for the Environment, Nature Conservation, Nuclear Safety and Consumer Protection (28.02.2022). Natura 2000. Accessed on 24.10.2022, available at https://www.bmuv.de/themen/naturschutz-artenvielfalt/naturschutz-biologische-vielfalt/gebietsschutz-und-vernetzung/natura-2000
European Commission (2020): Report of the Commission to the European Parliament, the Council, and the European Economic and Social Committee. The State of Nature in the European Union. Report on the state and trends of habitat types and species under the Birds and Habitats Directives for the period 2013-2018. Brussels, available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:52020DC0635&from=DE
Council of Europe (1979): Convention on the Conservation of European Wildlife and Natural Habitats. Bern, 19.IX.1979. Official German translation, available at https://rm.coe.int/1680078b1b
FFH Directive: Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:01992L0043-20130701&from=DE
Standing Committee of the Bern Convention (1989): Recommendation No. 16 (1989) of the standing committee on areas of special conservation interest (Adopted by the Standing Committee on 26 January 1996), available at https://search.coe.int/bern-convention/Pages/result_details.aspx?ObjectId=0900001680746c25#globalcontainer
Standing Committee of the Bern Convention (1996): Resolution No. 3 (1996) concerning the setting up of a pan-European Ecological Network, available at https://search.coe.int/bern-convention/Pages/result_details.aspx?ObjectId=09000016807467d3
Birds Directive: Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (codified version), available at https://eur-lex.europa.eu/legal-content/DE/TXT/PDF/?uri=CELEX:02009L0147-20190626&from=DE