Protection assessment of Natura 2000 network areas in Poland – main problems Marzena Modrowska

1. Protection assessment of Natura 2000 network areas in Poland – main problems Marzena Modrowska Krzysztof Suliński Ministry of the environment in Poland

2. Protection assessment of Natura 2000 network areas in Poland – main problems The European Natura 2000 network is a net of areas under protection which are appointed in the territory of European Union countries. The aim of appointment this areas is to conserve natural habitats or species which are endangered, endemic representative for biological diversity on European continent. Poland in connection with accession to European Union was obligated to set up a Natura 2000 network on its territory. Poland applied the same criteria which are used in all European Union countries.

3. Protection assessment of Natura 2000 network areas in Poland – main problems Legal basis to set up of Natura 2000 network are: Councils Directive 92/43/EWG the so-called „Habitat Directive” for natural habitats and Fauna and Flora species listed in appendices I and II to this Directive from 21’th May 1992 year (changed by Directive 97/62/EWG) Councils Directive 79/409/EWG the so-called „Bird Directive” for species listed in appendices I to this Directive from 2’ nd April 1979 year (changed by any Directives)

4. Protection assessment of Natura 2000 network areas in Poland – main problems Both „Habitat Directive” and „Bird Directive” were implemented into Polish Law by Nature Protection Law from 16’th April 2004. This act came into force from 1 May 2004 and initiate new form of protection – Natura 2000 areas. The European Ecologic Network Natura 2000 contain: Special areas for bird protection – (Special Protection Areas – SPA) identified by „Bird Directive” Special areas for habitat protection – (Special Areas of Conservation – SAC) identified by „Habitat Directive” ·

5. Protection assessment of Natura 2000 network areas in Poland – main problems Since Poland accession to European Union Ministry of the Environment sent to the European Commission list of 256 areas which have been proposed to be protected by Natura 2000 network on 9,3 % areas in Poland. There are: Special areas for bird protection (72) – 7,8 % areas in Poland and at Baltic sea Special areas for habitat protection (184) – 3,6 % areas in Poland and at Baltic sea

6. Protection assessment of Natura 2000 network areas in Poland – main problems

7. Protection assessment of Natura 2000 network areas in Poland – main problems Ministry of the Environment, which were obliged by directive to protect bird and habitat areas, set up 72 special areas for birds protection as first areas for Natura 2000 network. This areas are named in Ministry of the Environment regulation from 21’th July 2004. Although Ministry of the Environment regulation for habitat areas will come into force after final acceptation of Polish proposals by European Commission Poland is already obliged to protect those areas which were sent to the European Commission as proposal. ·

8. Protection assessment of Natura 2000 network areas in Poland – main problems Proces of building Natura 2000 network is still open. It means that each country can add new areas to this network, but also European Commission can demand to add new areas by Governments in this countries, such a situation happened in Poland. Excepts of official list of protected areas which were sent by Polish Ministry of the Environment to the European Commission exists another list which was prepared by NGO’s. It’s so called „Shadow list” according to there are more areas recommendet to be protected. There are: Special areas for bird protection (141) – 15 % areas in Poland and at Baltic sea Special areas for habitat protection (336) – 9,4 % areas in Poland and at Baltic sea

9. Protection assessment of Natura 2000 network areas in Poland – main problems According to remarks of the European Commission that official list which were sent by Polish Ministry of the Environment is not complete for habitat protection, Polish Ministry of the Environment prepares a new list based on „Shadow list”. There are 110 new areas (3,4 % areas in Poland) which will be presented in the middle of this month to the European Commission. According to Nature Protection Law, plan or project of investment which could have a direct negative impact on Natura 2000 areas have to be examined by authority during admistrative procedure which are described in the Environmental Protection Law (EIA or SEA procedure).

10. Protection assessment of Natura 2000 network areas in Poland – main problems • Problem areas: • collision of obligations after polish accession to European Union • During implementation of EU legislation into polish law, Poland has implemented a lot of directives. Directives and international Conventions has a lot of barriers, rules in environmental protection but also made a lot of limitation in localisation of investments. • Also preparing to the EU accession Poland was obliged to correct the qualityof polish roads and rebuild roads to the European standards, particularly on TINA (Transport Infrastructure Needs Assessment) network. • This situation caused many collisions. One of Polish examples is Via Baltica road which has special meaning for the region and is the main road between North and South Europe.

11. Protection assessment of Natura 2000 network areas in Poland – main problems • Problem areas: • principle of precaution from Treaty which create European Community • This is obligation to execute environmental impact assessment procedure for plans or projects of investments which may have a negative impact to the Natura 2000 areas which are put down on a national list or are named in habitat directive. • Especially for projects which could be cofinanced by EU funds.

12. Protection assessment of Natura 2000 network areas in Poland – main problems • Problem areas: • lack of strict information about borders of Natura 2000 network and problems with a scale of maps. • quality of EIA statements • (Status review and environmental valorisation, updating of available materials and presentation of this topicsin cartographic form, analyses and evaluation of variant proposals, method of evaluation, reason of variant solution, finding of measures which can minimalise negative impacts and defining activity of environmental compensation) • Actually Ministry of the Environment is preparing guidances about methodology of analyse of investment impacts on Natura 2000 areas