POS Mediu_SMIS _Monitorizarea stării de conservare a speciilor şi habitatelor din România în baza articolului 17 din Directiva Habitate | POS. ti (Osteichthyes) din Directiva Habitate (92/43/EEC) de pe. teritoriul României. Pentru realizarea re. ţ. elei Natura în România, planuri. POS Mediu_SMIS _Monitorizarea stării de conservare a speciilor şi habitatelor din România în baza articolului 17 din Directiva Habitate.
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OJ L Chapter 15 Volume P. Chapter 15 Volume 11 P. Having regard to the Treaty establishing the European Economic Community, and in particular Article s thereof. Whereas the preservation, protection and improvement of the quality of the environment, including the conservation of natural habitats and of wild fauna and flora, are an essential objective of general interest pursued by the Community, as stated in Article r of the Treaty.
Whereas the European Community policy and action programme on the environment to 4 makes provision habiatte measures regarding the conservation of nature and natural resources. Whereas, the main aim of this Directive being to promote the maintenance of biodiversity, taking account of economic, social, cultural and regional requirements, this Directive makes a contribution to the general objective of sustainable development; whereas the maintenance of such biodiversity may in certain cases require the maintenance, or indeed the encouragement, of human activities.
Whereas, in the European territory of the Member States, natural habitats are continuing to deteriorate and an increasing number of wild species are seriously threatened; whereas given that the threatened habitats and species form part of the Community’s natural heritage and the threats to them are often of a transboundary nature, it is necessary to take measures at Community level in order to conserve them.
Whereas, in dirsctiva of the threats to certain types of natural habitat and certain species, it is necessary to define them as having priority in order to favour the early implementation of measures to conserve them. Whereas, in order havitate ensure the restoration or maintenance of natural habitats and species of Community interest at a favourable conservation status, it is necessary to designate special areas of conservation in order to create a coherent European ecological network according to a specified timetable.
Whereas it is appropriate, in each area designated, to implement the necessary measures having regard to the conservation objectives pursued. Whereas sites eligible for designation as special areas of conservation are proposed by the Member States but whereas a procedure must nevertheless be laid down to allow the designation in exceptional cases of a site which has not been proposed by a Member State but which the Community considers essential for either the maintenance or the survival of a priority natural habitat type or a priority species.
Whereas an appropriate assessment must be made of any plan or programme likely to have a significant effect on the conservation objectives of a site which habitaate been designated or is designated in future.
Whereas it is recognized that the adoption of measures intended to promote the conservation of priority natural habitats and priority species of Community interest is a common responsibility of all Member States; whereas this may, however, impose an excessive financial burden on certain Member States given, on the one hand, the uneven distribution of such habitats and species throughout the Community and, on the other hand, the fact that the “polluter pays” principle can have only limited application in the special case of nature conservation.
Whereas it is therefore agreed that, in this exceptional case, a contribution by means of Community co-financing should be provided for within the limits of the resources made available under the Community’s decisions. Whereas land-use planning and development policies should encourage the management of features of the landscape which are of major importance for wild fauna and flora.
Whereas a system should be set up for surveillance of the conservation status of the natural habitats and species covered by this Directive.
Whereas, with the aim of ensuring that the implementation of this Directive is monitored, the Commission will periodically prepare a composite report based, inter alia, on the information sent to it by the Member States regarding the application of national provisions adopted under this Directive.
Whereas the directivx of scientific and technical knowledge is essential for the implementation of this Directive; whereas it is consequently appropriate to encourage the necessary research and scientific work. Whereas technical and scientific progress mean that it must be possible to adapt the Annexes; whereas a procedure should be established whereby the Council can amend the Annexes.
Whereas a regulatory committee should be set up to assist the Commission in the implementation of this Directive and in particular when decisions on Community co-financing are taken. Whereas provision should be made for supplementary measures governing the reintroduction of certain native species of fauna and flora and the possible introduction of non-native species.
Whereas education and general information relating to the objectives of this Directive are essential for ensuring its effective implementation. Alpine, Atlantic, Continental, Macaronesian and Mediterranean. The species are located within restricted geographical areas or are thinly scattered over a more extensive range; or. For animal species ranging over wide areas, sites of Community importance shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction.
The aim of this Directive shall be to contribute towards ensuring bio-diversity through the conservation of natural habitats and of wild fauna and flora in the European territory of the Member States to which the Treaty applies. Measures taken pursuant to this Directive shall be designed to maintain or restore, at favourable conservation status, natural habitats and species of wild fauna and flora of Community interest.
Measures taken pursuant to this Directive shall take account of economic, social and cultural requirements and regional and local characteristics. A coherent European ecological network of special areas of conservation shall be set up under the title Natura This network, composed of sites hosting the natural habitat types listed in Annex I and habitats of the species listed in Annex II, shall enable the natural habitat types and the species’ habitats concerned to be maintained or, where appropriate, restored at a favourable conservation status in their natural range.
Each Member State shall contribute to the creation of Natura in proportion to the representation within its territory of the natural habitat types and the habitats of species referred to in paragraph 1.
To that effect each Member State shall designate, in accordance with Article 4, sites as special areas of conservation taking account of the objectives set out in paragraph 1. Where they consider it necessary, Member States shall endeavour to improve the ecological coherence of Natura by maintaining, and where appropriate developing, features of the landscape which are of major importance for wild fauna and flora, as referred to in Article On the basis of the criteria set out in Annex III Stage 1 and relevant scientific information, each Member State shall propose a list of sites indicating which natural habitat types in Annex I and which species in Annex II that are native to its territory the sites host.
For animal species ranging over wide areas these sites shall correspond to the places within the natural range of such species which present the physical or biological factors essential to their life and reproduction. For aquatic species which range over wide areas, such sites will be proposed only where there is a clearly identifiable area representing the physical and biological factors essential to their life and reproduction.
Where appropriate, Member States shall propose adaptation of the list in the light of the results of the surveillance referred to in Article The list shall be transmitted to the Commission, within three years of the notification of this Directive, together with information on each site. That information shall include a map of the site, its name, location, extent and the data resulting from application of the criteria specified in Annex III Stage 1 provided in a format established by the Commission in accordance with the procedure laid down in Article On the basis of the criteria set out in Annex III Stage 2 and in the framework both of each of the five biogeographical regions referred to in Article 1 c iii and of the whole of the territory referred to in Article 2 1the Commission shall establish, in agreement with each Member State, a draft list of sites of Community importance drawn from the Member States’ lists identifying those which lost one or more priority natural habitat types or priority species.
The list of sites selected as sites of Community importance, identifying those which host one or more priority natural habitat types or priority species, shall be adopted by the Commission in accordance with the procedure laid down in Article The list referred to in paragraph 2 shall be established within six years of the notification of this Directive.
Once a site of Community importance has been adopted in accordance with the procedure laid down in paragraph 2, the Member State concerned shall designate that site as a special area of conservation as soon as possible and within six years at most, establishing priorities in the light of the importance of the sites for the maintenance or restoration, at a favourable conservation status, of a natural habitat type in Annex I or a species in Annex II and for the coherence of Naturaand in the light of the threats of degradation or destruction to which those sites are exposed.
As soon as a site is placed on the list referred to in the third subparagraph of paragraph 2 it shall be subject to Article 6 23 and 4. In exceptional cases where the Commission finds that a national list as referred to in Article 4 1 fails to mention a site hosting a priority natural habitat type or priority species which, on the basis of relevant and reliable scientific information, it considers to be essential for the maintenance of that priority natural habitat type or for the survival of that priority species, a bilateral consultation procedure shall be initiated between that Member State and the Commission for the purpose of comparing the scientific data used by each.
If, on expiry of a consultation period not exceeding six months, the dispute remains unresolved, the Commission shall forward to the Council a proposal relating to the selection of the site as a site of Community importance. The Council, acting unanimously, shall take a decision within three months of the date of referral.
During the consultation period and pending a Council decision, the site concerned shall be subject to Article 6 2. For special areas of conservation, Member States shall establish the necessary conservation measures involving, if need be, appropriate management plans specifically designed for the sites or integrated into other development plans, and appropriate statutory, administrative or contractual measures which correspond to the ecological requirements of the natural habitat types in Annex I and the species in Annex II present on the sites.
Member States shall take appropriate steps to avoid, in the special areas of conservation, the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated, in so far as such disturbance could be significant in relation to the objectives of this Directive. Any plan or project not directly connected with or necessary to the management of the site but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications for the site in view of the site’s conservation objectives.
In the light of the conclusions of the assessment of the implications for the site and subject to the provisions of paragraph 4, the competent national authorities shall agree to the plan or project only after having ascertained that it will not adversely affect the integrity of the site concerned and, if appropriate, after having obtained the opinion of the general public.
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If, in spite of a negative assessment hbaitate the implications for the site and in the absence of alternative habitaate, a plan or project must nevertheless be carried directiiva for imperative reasons of overriding public interest, including those of a social or economic nature, the Member State shall take all compensatory measures necessary to ensure that the overall coherence of Natura is protected.
It shall inform the Commission sirectiva the compensatory measures adopted. In agreement with each of the Member States concerned, the Commission shall identify, for sites of Community importance for which co-financing is sought, those measures essential for the maintenance or re-establishment at a favourable conservation status of the priority natural habitat types and priority species on the sites concerned, as well as the total costs arising from those measures.
According to the assessment referred to in paragraphs 2 and 3, the Commission shall adopt, having regard to the available sources of funding under the relevant Community instruments and according to the procedure set out in Article 21, a prioritized action framework of measures involving co-financing to be taken when the site has been designated under Article 4 4. The measures which have not been retained in the action framework for lack of sufficient resources, as well as those included in the abovementioned action framework which have not received the necessary co-financing or have only been partially co-financed, shall be reconsidered in accordance with the procedure set out in Article 21, in the context of the directjva review of the action framework and may, in the maintime, be postponed by the Member States pending such review.
This review shall take into account, as appropriate, the new situation of the site direciva. In areas where the measures dependent on co-financing are postponed, Member States shall refrain from any new measures likely to result in deterioration of those areas.
The Commission, acting in accordance with the procedure laid down firectiva Article 21, shall periodically review the contribution of Natura towards achievement of the objectives set nabitate in Article 2 and 3. In this context, a special area of conservation may be considered for declassification where this is warranted by natural developments noted as a result dircetiva the surveillance provided for in Article Member States shall endeavour, where uabitate consider it necessary, in their land-use planning and development policies and, in particular, with a view to improving the ecological coherence af the Natura network, to encourage the management of features of the landscape which are of major importance for wild fauna and flora.
Such features are those which, by virtue of their linear and continuous structure such as rivers with their banks or the traditional systems for marking field boundaries or their function as stepping stones such driectiva ponds or small woodsare essential for the migration, dispersal and genetic exchange of wild species.
Member States shall undertake surveillance of the conservation status of the natural habitats and species referred to in Article 2 with particular regard to priority natural habitat types and priority species. Member States shall take the requisite measures to establish a system of strict protection for the animal species listed in Annex IV a in xirectiva natural range, prohibiting:.
For these species, Member States shall prohibit the keeping, transport and sale or exchange, and offering for sale or exchange, of specimens taken from the wild, except for those taken legally before this Directive is implemented. The prohibition referred to in paragraph 1 a and b and paragraph 2 shall apply to all stages of life of the animals to which this Article applies.
Member States shall establish a system to monitor the incidential capture and killing of the animal species listed in Annex IV a. In the light of the information gathered, Member States shall take further research or conservation measures as required to ensure that incidental capture and killing does not have a significant negative impact on the species concerned.
Member States shall take the requisite measures to establish a system of strict protection for the plant species listed in Annex IV bprohibiting:.
The prohibitions referred to in paragraph 1 a and b shall apply to all stages of the biological cycle of the plants to which this Article applies. If, in the light of the surveillance provided for in Article 11, Member States deem it necessary, they shall take measures to ensure that the taking in the wild of specimens of species of wild fauna and flora listed in Annex V as well as their exploitation is compatible with their being maintained at a favourable conservation status.
Where such measures are deemed necessary, they shall include continuation of the surveillance provided for in Article Such measures may also include in particular:.
In respect of the capture or killing of species of wild fauna listed in Annex V a and in cases where, in accordance with Article 16, derogations are applied to the taking, capture or killing of species listed in Annex IV aMember States shall prohibit the use of all indiscriminate means capable of causing local disappearance of, or serious disturbance to, populations of such species, and in particular:.
Provided that there is no satisfactory alternative and the derogation is not detrimental to the maintenance of the populations of the species concerned at a favourable conservation status in their natural range, Member States may derogate from the provisions of Articles 12, 13, 14 and 15 a and b:.
Member States shall forward to the Commission every two years a report in accordance with the format established by the Committee on the derogations applied under paragraph 1. The Commission shall give its opinion on these derogations within a maximum time limit of 12 months following receipt of the report and shall give an account to the Committee.
Every six years from the date of expiry of the period laid down in Article 23, Member States shall draw up a report on the implementation of the measures taken under this Directive. This report shall include in particular information concerning the conservation measures referred to in Article 6 1 as well as evaluation of the impact of those measures on the conservation status of the natural habitat types of Annex I and the species in Annex II and the main results of the surveillance referred to in Article The report, in accordance with the format established by the committee, shall be forwarded to the Commission and made accessible to the public.
The Commission shall prepare a composite report based on the reports referred to in paragraph 1. This report shall include an appropriate evaluation of the progress achieved and, in particular, of the contribution of Natura to the achievement of the objectives set out in Article 3. A draft of the part of the report covering the information supplied by a Member State shall be forwarded to the Member State in question for verification.
After submission to the committee, the final version of the report shall be published by the Commission, not later than two years after receipt of the reports referred to in paragraph 1, and shall be forwarded to the Member States, the European Parliament, the Council and habitare Economic and Social Committee.
Member States may mark areas designated under this Directive by means of Community notices designed for that purpose by the committee. Member States and the Commission shall encourage the necessary research and scientific work having regard to the objectives set out in Article 2 and the obligation referred to in Article They shall exchange information for the purposes of proper coordination of research carried out at Member State and at Community level.
Particular attention shall be paid to scientific work necessary for the implementation of Articles 4 and 10, and transboundary cooperative research between Member States shall be encouraged. Such amendments as are necessary for adapting Annex IV to technical and scientific progress shall be adopted by the Council acting unanimously on diretciva proposal from the Commission.
The Commission shall be assisted by a committee consisting of representatives of the Member States and chaired by a representative of the Commission. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall drectiva delivered by the majority laid down in Article diretciva of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission.
The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.
If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken.