COUNCIL DIRECTIVE 92/43/EEC (1)
of 21 May 1992
on the conservation of natural habitats and of wild fauna and flora
THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic
Community, and in particular Article 130s thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee
(4),
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 130r of
the Treaty;
Whereas the European Community policy and action programme on the
environment (1987 to 1992) (5) makes provision for 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 view 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 to 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 all the areas designated, including those classified now
or in the future as special protection areas pursuant to Council
Directive 79/409/EEC of 2 April 1979 on the conservation of wild
birds (6), will have to be incorporated into the coherent European
ecological network;
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 has been designated or is designated in future;
Whereas it is recognised 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 a general system of protection is required for certain
species of flora and fauna to complement Directive 79/409/EEC;
Whereas provision should be made for management measures for certain
species, if their conservation status so warrants, including the
prohibition of certain means of capture or killing, whilst providing
for the possibility of derogation's on certain conditions;
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 improvement 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,
HAS ADOPTED THIS DIRECTIVE:
Definitions
Article 1
For the purpose of this Directive:
(a) conservation means a series of measures required to maintain
or restore the natural habitats and the populations of species of
wild fauna and flora at a favourable status as defined in (e) and
(i);
(b) natural habitats means terrestrial or aquatic areas distinguished
by geographic, abiotic and biotic features, whether entirely natural
or semi-natural;
(c) natural habitat types of Community interest means those which,
within the territory referred to in Article 2:
(i) are in danger of disappearance in their natural range;
or
(ii) have a small natural range following their regression or by
reason of their intrinsically restricted area;
or
(iii) present outstanding examples of typical characteristics of
one or more of the six following biogeographical regions: Alpine,
Atlantic, Boreal, Continental, Macaronesian and Mediterranean.
Such habitat types are listed or may be listed in Annex I;
(d) priority natural habitat types means natural habitat types
in danger of disappearance, which are present on the territory referred
to in Article 2 and for the conservation of which the Community
has particular responsibility in view of the proportion of their
natural range which falls within the territory referred to in Article
2; these priority natural habitat types are indicated by an asterisk
(*) in Annex I;
(e) conservation status of a natural habitat means the sum of the
influences acting on a natural habitat and its typical species that
may affect its long-term natural distribution, structure and functions
as well as the long-term survival of its typical species within
the territory referred to in Article 2.
The conservation status of a natural habitat will be taken as 'favourable'
when:
its natural range and areas it covers within that range are stable
or increasing, and
the specific structure and functions which are necessary for its
long-term maintenance exist and are likely to continue to exist
for the foreseeable future, and
the conservation status of its typical species is favourable as
defined in (i);
(f) habitat of a species means an environment defined by specific
abiotic and biotic factors, in which the species lives at any stage
of its biological cycle;
(g) species of Community interest means species which, within the
territory referred to in Article 2, are:
(i) endangered, except those species whose natural range is marginal
in that territory and which are not endangered or vulnerable in
the western palearctic region; or
(ii) vulnerable, i.e. believed likely to move into the endangered
category in the near future if the causal factors continue operating;
or
(iii) rare, i.e. with small populations that are not at present
endangered or vulnerable, but are at risk. The species are located
within restricted geographical areas or are thinly scattered over
a more extensive range; or
(iv) endemic and requiring particular attention by reason of the
specific nature of their habitat and/or the potential impact of
their exploitation on their habitat and/or the potential impact
of their exploitation on their conservation status.
Such species are listed or may be listed in Annex II and/or Annex
IV or V;
(h) priority species means species referred to in (g) (i) for the
conservation of which the Community has particular responsibility
in view of the proportion of their natural range which falls within
the territory referred to in Article 2; these priority species are
indicated by an asterisk (*) in Annex II;
(i) conservation status of a species means the sum of the influences
acting on the species concerned that may affect the long-term distribution
and abundance of its populations within the territory referred to
in Article 2;
The conservation status will be taken as 'favourable' when:
population dynamics data on the species concerned indicate that
it is maintaining itself on a long-term basis as a viable component
of its natural habitats, and
the natural range of the species is neither being reduced nor is
likely to be reduced for the foreseeable future, and
there is, and will probably continue to be, a sufficiently large
habitat to maintain its populations on a long-term basis;
(j) site means a geographically defined area whose extent is clearly
delineated;
(k) site of Community importance means a site which, in the biogeographical
region or regions to which is belongs, contributes significantly
to the maintenance or restoration at a favourable conservation status
of a natural habitat type in Annex I or of a species in Annex II
and may also contribute significantly to the coherence of Natura
2000 referred to in Article 3, and/or contributes significantly
to the maintenance of biological diversity within the biogeographic
region or regions concerned.
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;
(l) special area of conservation means a site of Community importance
designated by the Member States through a statutory, administrative
and/or contractual act where the necessary conservation measures
are applied for the maintenance or restoration, at a favourable
conservation status, of the natural habitats and/or the populations
of the species for which the site is designated;
(m) specimen means any animal or plant, whether alive or dead,
of the species listed in Annex IV and Annex V, any part or derivative
thereof, as well as any other goods which appear, from an accompanying
document, the packaging or a mark or label, or from any other circumstances,
to be parts or derivatives of animals or plants of those species;
(n) the committee means the committee set up pursuant to Article
20.
Article 2
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.
Conservation of natural habitats
and habitats of species
Article 3
A coherent European ecological network of special areas of conservation
shall be set up under the title Natura 2000. 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.
The Natura 2000 network shall include the special protection areas
classified by the Member States pursuant to Directive 79/409/EEC.
Each Member State shall contribute to the creation of Natura 2000
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 2000 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 10.
Article 4
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 11.
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 21.
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 (1), the 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.
Member States whose sites hosting one or more priority natural habitat
types and priority species represent more than 5 % of their national
territory may, in agreement with the Commission, request that the
criteria listed in Annex III (Stage 2) be applied more flexibly
in selecting all the sites of Community importance in their territory.
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 21.
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 Natura 2000, and 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 (2),
(3) and (4).
Article 5
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).
Article 6
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.
If, in spite of a negative assessment of the implications for the
site and in the absence of alternative solutions, a plan or project
must nevertheless be carried out 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 2000 is protected.
It shall inform the Commission of the compensatory measures adopted.
Where the site concerned hosts a priority natural habitat type and/or
a priority species, the only considerations which may be raised
are those relating to human health or public safety, to beneficial
consequences of primary importance for the environment or, further
to an opinion from the Commission, to other imperative reasons of
overriding public interest.
Article 7
Obligations arising under Article 6 (2), (3) and (4) of this Directive
shall replace any obligations arising under the first sentence of
Article 4 (4) of Directive 79/409/EEC in respect of areas classified
pursuant to Article 4 (1) or similarly recognised under Article
4 (2) thereof, as from the date of implementation of this Directive
or the date of classification or recognition by a Member State under
Directive 79/409/EEC, where the latter date is later.
Article 8
In parallel with their proposals for sites eligible for designation
as special areas of conservation, hosting priority natural habitat
types and/or priority species, the Member States shall send, as
appropriate, to the Commission their estimates relating to the Community
co-financing which they consider necessary to allow them to meet
their obligations pursuant to Article 6 (1).
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.
The Commission, in agreement with the Member States concerned, shall
assess the financing, including co-financing, required for the operation
of the measures referred to in paragraph 2, taking into account,
amongst other things, the concentration on the Member State's territory
of priority natural habitat types and/or priority species and the
relative burdens which the required measures entail.
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 prioritised 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
above mentioned 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 two-yearly 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 concerned.
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.
Article 9
The Commission, acting in accordance with the procedure laid down
in Article 21, shall periodically review the contribution of Natura
2000 towards achievement of the objectives set out 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 of the surveillance provided for in Article 11.
Article 10
Member States shall endeavour, where they consider it necessary,
in their land-use planning and development policies and, in particular,
with a view to improving the ecological coherence of the Natura
2000 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 as ponds or small woods), are essential for the migration,
dispersal and genetic exchange of wild species.
Article 11
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.
Protection of species
Article 12
Member States shall take the requisite measures to establish a
system of strict protection for the animal species listed in Annex
IV (a) in their natural range, prohibiting:
(a) all forms of deliberate capture or killing of specimens of these
species in the wild;
(b) deliberate disturbance of these species, particularly during
the period of breeding, rearing, hibernation and migration;
(c) deliberate destruction or taking of eggs from the wild;
(d) deterioration or destruction of breeding sites or resting places.
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 incidental
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.
Article 13
Member States shall take the requisite measures to establish a
system of strict protection for the plant species listed in Annex
IV (b), prohibiting:
(a) the deliberate picking, collecting, cutting, uprooting or destruction
of such plants in their natural range in the wild;
(b) the keeping, transport and sale or exchange and offering for
sale or exchange of specimens of such species taken in the wild,
except for those taken legally before this Directive is implemented.
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.
Article 14
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 11. Such measures may
also include in particular:
regulations regarding access to certain property,
temporary or local prohibition of the taking of specimens in the
wild and exploitation of certain populations,
regulation of the periods and/or methods of taking specimens,
application, when specimens are taken, of hunting and fishing rules
which take account of the conservation of such populations,
establishment of a system of licences for taking specimens or of
quotas,
regulation of the purchase, sale, offering for sale, keeping for
sale or transport for sale of specimens,
breeding in captivity of animal species as well as artificial propagation
of plant species, under strictly controlled conditions, with a view
to reducing the taking of specimens of the wild,
assessment of the effect of the measures adopted.
Article 15
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,
derogation's are applied to the taking, capture or killing of species
listed in Annex IV (a), Member 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:
(a) use of the means of capture and killing listed in Annex VI
(a);
(b) any form of capture and killing from the modes of transport
referred to in Annex VI (b).
Article 16
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):
(a) in the interest of protecting wild fauna and flora and conserving
natural habitats;
(b) to prevent serious damage, in particular to crops, livestock,
forests, fisheries and water and other types of property;
(c) in the interests of public health and public safety, or for
other imperative reasons of overriding public interest, including
those of a social or economic nature and beneficial consequences
of primary importance for the environment;
(d) for the purpose of research and education, of repopulating
and re-introducing these species and for the breeding operations
necessary for these purposes, including the artificial propagation
of plants;
(e) to allow, under strictly supervised conditions, on a selective
basis and to a limited extent, the taking or keeping of certain
specimens of the species listed in Annex IV in limited numbers specified
by the competent national authorities.
Member States shall forward to the Commission every two years a
report in accordance with the format established by the Committee
on the derogation's applied under paragraph 1. The Commission shall
give its opinion on these derogation's within a maximum time limit
of 12 months following receipt of the report and shall give an account
to the Committee.
The reports shall specify:
(a) the species which are subject to the derogation's and the reason
for the derogation, including the nature of the risk, with, if appropriate,
a reference to alternatives rejected and scientific data used;
(b) the means, devices or methods authorised for the capture or
killing of animal species and the reasons for their use;
(c) the circumstances of when and where such derogation's are granted;
(d) the authority empowered to declare and check that the required
conditions obtain and to decide what means, devices or methods may
be used, within what limits and by what agencies, and which persons
are to carry but the task;
(e) the supervisory measures used and the results obtained.
Information
Article 17
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 11. 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 2000 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 the 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.
Research
Article 18
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 11. They
shall exchange information for the purposes of proper co-ordination
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 co-operative
research between Member States shall be encouraged.
Procedure for amending the Annexes
Article 19
Such amendments as are necessary for adapting Annexes I, II, III,
V and VI to technical and scientific progress shall be adopted by
the Council acting by qualified majority on a proposal from the
Commission.
Such amendments as are necessary for adapting Annex IV to technical
and scientific progress shall be adopted by the Council acting unanimously
on a proposal from the Commission.
Committee
Article 20
The Commission shall be assisted by a committee consisting of representatives
of the Member States and chaired by a representative of the Commission.
Article 21
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 be delivered by the majority laid down in Article 148 (2)
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. The Council shall act by a qualified
majority.
If, on the expiry of three months from the date of referral to
the Council, the Council has not acted, the proposed measures shall
be adopted by the Commission.
Supplementary provisions
Article 22
In implementing the provisions of this Directive, Member States
shall:
(a) study the desirability of re-introducing species in Annex IV
that are native to their territory where this might contribute to
their conservation, provided that an investigation, also taking
into account experience in other Member States or elsewhere, has
established that such re-introduction contributes effectively to
re-establishing these species at a favourable conservation status
and that it takes place only after proper consultation of the public
concerned;
(b) ensure that the deliberate introduction into the wild of any
species which is not native to their territory is regulated so as
not to prejudice natural habitats within their natural range or
the wild native fauna and flora and, if they consider it necessary,
prohibit such introduction. The results of the assessment undertaken
shall be forwarded to the committee for information;
(c) promote education and general information on the need to protect
species of wild fauna and flora and to conserve their habitats and
natural habitats.
Final provisions
Article 23
Member States shall bring into force the laws, regulations and
administrative provisions necessary to comply with this Directive
within two years of its notification. They shall forthwith inform
the Commission thereof.
When Member States adopt such measures, they shall contain a reference
to this Directive or be accompanied by such reference on the occasion
of their official publication. The methods of making such a reference
shall be laid down by the Member States.
Member States shall communicate to the Commission the main provisions
of national law which they adopt in the field covered by this Directive.
Article 24
This Directive is addressed to the Member States.
Done at Brussels, 21 May 1992.
For the Council
The President
Arlindo MARQUES CUNHA
ANNEX
I: NATURAL HABITAT TYPES OF COMMUNITY INTEREST WHOSE CONSERVATION
REQUIRES THE DESIGNATION OF SPECIAL AREAS OF CONSERVATION
ANNEX
II: ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST WHOSE CONSERVATION
REQUIRES THE DESIGNATION OF SPECIAL AREAS OF CONSERVATION
ANNEX
III: CRITERIA FOR SELECTING SITES ELIGIBLE FOR IDENTIFICATION
AS SITES OF COMMUNITY IMPORTANCE AND DESIGNATION AS SPECIAL AREAS
OF CONSERVATION
ANNEX
IV: ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST
IN NEED OF STRICT PROTECTION
ANNEX
V: ANIMAL AND PLANT SPECIES OF COMMUNITY INTEREST WHOSE TAKING
IN THE WILD AND EXPLOITATION MAY BE SUBJECT TO MANAGEMENT MEASURES
ANNEX
VI: PROHIBITED METHODS AND MEANS OF CAPTURE AND KILLING AND
MODES OF TRANSPORT
(1) As amended by the Accession Act of Austria, Finland
and Sweden (OJ L 1, 1.1.1995, p.135)
(2) OJ No C 247, 21.9.1988, p.3 and OJ No C 195,
3.8.1990, p.1.
3) OJ No C 75, 20.3.1991, p.12.
(4) OJ No C 31, 6.2.1991, p.25.
(5) OJ No C 328, 7.12.1987, p.1.
(6) OJ No L 103,25.4.1979, p.1. Directive as last
amended by Directive91/244/ECC (OJ No L 115,8.5.1991, p.41).
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