Principles of Implementing Monitoring and Reporting Obligations in Natura 2000
Monitoring of Conservation Status and Reporting Obligations
Article 11 of the Habitats Directive (Directive 92/43/EEC) mandates member states to conduct general monitoring of the conservation status of species and habitat types of community interest. The outcomes of this monitoring provide an important foundation for the national report on the implementation status of the Habitats Directive, which is required to be submitted every six years. The conservation status of the habitat types listed in Annex I and the species in Annexes II, IV and V are classified into three categories: "favorable" (green / FV), "unfavorable-insufficient" (yellow / U1) or "unfavorable-poor" (red / U2) and summarized in a national FFH monitoring report.
In addition, the Habitats Directive and the Birds Directive mandate reports to the European Commission at regular intervals regarding established measures for the implementation of both Directives (reporting obligation under Article 17 of the Habitats Directive and Article 12 of the Birds Directive).
If the reports on monitoring conservation objectives and the implementation of the directives indicate inadequate compliance, the respective contracting states may face sanctions, including potential lawsuits for non-compliance. For instance, the EU Commission initiated legal proceedings against Germany in 2021 (NABU: https://www.nabu.de/news/2021/02/29441.html).
Conservation Objectives
For the Natura 2000 areas (FFH and bird protection areas), each member state has defined “conservation objectives”.
These conservation objectives describe the measures required to maintain or enhance the Annex II species and Annex I habitat types recorded in the “Standard Data Sheet” for each site. They are legally binding and are regulated by the following legal bases:
- They serve as the reference for the general prohibition against deterioration in Natura 2000 sites, as outlined in § 33, Para. 1, sentence 1 of the BNatSchG.
- When a Natura 2000 site is designated as a protected area under national law according to § 20 Para. 2 of the BNatSchG, the conservation objectives define the purpose of protection (see § 32 Para. 2 and 3 of the BNatSchG).
- For plans (e.g., land development) or projects (e.g., road construction or other interventions) that could significantly impact a Natura 2000 site either alone or in combination with other plans or projects, Art. 6 Para. 3 of the Habitats Directive and § 34 of the BNatSchG require an assessment of the project’s compatibility with the site’s conservation objectives. This involves preparing an "impact assessment."
Impact Assessment
In practice, assessing the impact of a "project", i.e. an intervention in a Natura 2000 site, involves a two-stage process:
- 1. Preliminary impact Assessment: This assesses whether the proposed project could potentially affect the conservation objectives or conservation purpose of the site. This preliminary assessment is usually conducted by the approving authority, by the lower or higher nature conservation administration. If it indicates that significant impacts cannot be excluded, a full impact assessment (often abbreviated as "FFH-VP") is generally required.
- 2. Full impact Assessment (FFH-VP): This detailed assessment is prepared by the project proponent and reviewed by the permitting or nature conservation authorities. It outlines how the project may impact the protected elements (Annex II species, Annex I habitat types, conservation objectives), the cumulative effects with other interventions, and how significant impacts can be mitigated or avoided through suitable measures.
Additional Resources
Here are some example links for accessing conservation objectives for FFH sites in different federal states: