Monthly Archives: June 2016

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Leaked official report: EU Nature Directives are ‘fit for purpose’

On being appointed European Commission President in November 2014, Jean-Claude Juncker initiated a review into the potential for “merging” the EU’s two ‘nature directives’ “into a more modern piece of legislation”.

That kicked off a scrutiny process under the EU’s ‘Regulatory Fitness and Performance Programme’ (REFIT), part of the drive to cut red tape under the ‘Better Regulation’ agenda.

Appointed to take charge of the review were First Vice-President Frans Timmermans, the Commissioner in charge of ‘Better Regulation, and Environment Commissioner Karmenu Vella.

But the decision raised fears among nature-lovers cross Europe that the real purpose of the exercise was not so much to ‘modernise’ the nature directives, as to eviscerate them.

Amid the public outcry, more than half a million EU citizens responded to a Commission consultation on the review, a record number for any such consultation.

Consultants were appointed to carry out the review and they duly produced an advanced first draft on 4th January 2016. It was meant to be published in March, alongside a Commission ‘working document’ that would draw political conclusions from it, and in any event no later than the first week in June.

But the report itself and the political conclusion remain unpublished – to the embarrassment of the Dutch Presidency of the EU which was was forced to cancel an Amsterdam Conference on Future-Proof Nature scheduled for 28th to 30th June:

“Now that the Working Document will not be published before the end of June, the conference will have no substantive basis for discussions and will fail to add any substance to the debate at this moment. It is with regret that we are therefore forced to cancel the conference for now.”

Now The Ecologist has received, via the specialist EU news agency Euractiv, a full 584-page copy of the report. And what it finds is astonishing: that the two nature laws, the Habitats & Species Directive and the Birds Directive, are entirely fit for purpose.

Here we publish in full the conclusions of the report (our emphasis shown by underling):

Are the Directives fit for purpose?

This evaluation concludes that the Nature Directives are fit for purpose. The majority of the evidence gathered across the five evaluation criteria shows that the legislation itself is appropriately designed and that, over time, implementation has improved, bringing important outcomes and impacts, as described below.

  • The Directives are effective where they are fully and properly implemented, and they are now making satisfactory progress towards their aims, particularly in the establishment of the Natura 2000 network (although more needs to be done in the marine environment). The Directives are especially effective in providing protection of sites within the network from developments and other damaging activities.

  • There are good reasons to expect more widespread improvements in conservation status when the Directives’ measures are fully implemented. Although there has been limited progress towards improving the status of most European protected species and habitats, this needs to be considered in the context of the ongoing decline in natural / semi-natural habitats and wider biodiversity before the Directives came into force, the current stage of implementation of the legislation and the time needed for ecosystems and species populations to respond to conservation measures. Recent assessments suggest that many declines have been arrested during the lifetime of the Directives.

  • The Nature Directives are a cornerstone of EU biodiversity policy, as they make substantial contributions to the EU’s biodiversity target and the implementation of the EU’s Biodiversity Strategy. Natura 2000 sites, for example, are the backbone of EU Green infrastructure, an important strategic target for biodiversity.

  • There has been a substantial increase in the territory of land and marine protected areas in the EU, thanks to theestablishmentof Natura 2000 as a coherent network based on scientific information, the concept of FCS and a ‘biogeographical regions’ approach.

  • Implementation of the Directives represents an efficient use of resources, with the benefits of implementation exceeding their costs. While there are examples of disproportionate costs and unnecessary burdens, these can be reduced through more efficient implementation. Although there is little evidence to suggest that the Directives themselves create inefficient outcomes, examples suggest that efficiency could be improved by more cost-effective implementation, especially at national and regional level.

  • The Directives form a coherent legal framework and create important synergies with other EU policies, forming a key part of an environmental legislative framework, capable of ensuring that the impacts of economic and other activities are carried out in accordance with sustainable development principles and biodiversity goals. They also provide a framework for ensuring consideration of the impacts of development on protected habitats and species. This, in turn, encourages dialogue and cooperation between environmental, economic and other stakeholders, improving the likelihood of harmonious achievement of potentially contradictory objectives and priorities. At the same time, however, better integration of nature considerations into other EU policies is still required in some instances.

  • The Directives contribute towards ensuring a level playing field for nature protection standards across the EU, and provide economic operators with legal certainty. They also are vital in avoiding a ‘race to the bottom’ in environmental standards across the EU.

  • There is no evidence that any significant problems derive from the objectives of the Directives or their associated legislative provisions. Their interpretation by the CJEU and the Commission Guidance documents has safeguarded the coherence of the legislative framework. Although there are some reasons for updating the annexes (e.g. to improve the coverage of some threatened taxa and to take account of changes in the status of some species) it seems highly likely that this would be currently counter-productive, as it would retard implementation measures and lead to additional costs and burdens for national authorities, businesses and other stake-holders.

  • The Directives are relevant to EU citizens: While the online public consultation revealed many contrasting views, over 500,000 Europeans stated that the Directives are important for conserving nature. Furthermore, the Directives have contributed to increasing awareness of the value of nature conservation among the general public, as well as stakeholders.

  • The Directives’ legal system is stronger than most national legal systems as their provisions are more precise and strict, establishing harmonised protection standards and a consistent and flexible approach to socio-economic considerations within and outside Natura 2000 sites. The species protection standards set up under the Directives have led to the control of illegal hunting practices and to the reversing of declines across a range of bird species, which would have been more difficult, if not impossible, to achieve by Member States acting independently.

  • The Directives have generated a fundamental change, with deeper stakeholder involvement in site management and development of conservation measures. While more systematic involvement is still needed in certain Member States and, in particular in relation to business and industry sectors, certain innovative and flexible initiatives have been developed that are effective in promoting more substantial involvement of private sector stakeholders in nature conservation practices outside Natura 2000.

  • The Directives’ obligations and requirements have stimulated research and monitoring activities, generating a substantial increase in knowledge on habitats and species in most Member States. This was driven by the need to designate the Natura 2000 network and to ensure the FCS of habitats and species in the EU. Some inventories of Member States have been financed with EU funds. Despite this, knowledge gaps persist, leading to delays in designation, implementation problems and contributing to higher costs and burdens.

  • A major factor in the Directives being fit for purpose is the crucial role of enforcement of the requirements of the Birds and Habitats Directives by the Commission and the CJEU. EU enforcement has been instrumental in ensuring transposition and implementation of the Nature Directives, and stakeholders recognise that without pressure from the EU on the implementation of the Nature Directives, unsustainable management practices would most likely have prevailed.

  • Generally, the evidence shows that conflicts are most frequently due to practical implementation problems. Guidance documents issued by the Commission, Member States and others have improved practice and ensured greater consistency in implementation in some cases. However, more remains to be done to clarify issues and improve practices on the ground, in order to promote more robust and efficient implementation of the Directives across the EU.


So why the delay?

Conservation NGOs have suspected all along that the only purpose of the ‘fitness test’ applied to the directives was to brand them as unfit for purpose, an obstruction to growth, development and prosperity, and a luxury that Europe was unable to afford.

The plan would then be to either:

  • replace them with deliberately weak and ineffective legislation;
  • allow member states widespread ‘derogations’ from the directives, allowing them to do pretty much as they wanted in the interests of economic growth;
  • or to ‘devolve’ the entire question of nature protection to member states, with no ‘level playing field’ across the EU.

The leaking of the report has effectively quashed those options, making it clear that the laws are working well, achieving their purposes, and preventing the kind of ‘race to the bottom’ that their deconstruction would entail.

As for the delay in publishing the report, there are two likely causes of the obstruction, both residing in the Commission itself:

  • a rift between Commissioners running the process, with Environment Commissioner Karmenu Vella wishing to support the report and stand by its conclusion, and First Vice-President Frans Timmermans (backed by President Juncker) insisting on pursuing the all-important deregulation agenda;
  • the Commissioners are united wishing to scrap the nature directives, but in conflict with civil servants who are refusing on grounds of professional integrity to write a ‘political conclusions’ report that directly and overtly contradicts all the findings of the ‘fitness test’ report.

Either way NGOs are getting increasingly upset and frustrated at the delay. “We urgently call on the Vice-President Timmermans to save the credibility of this Fitness Check and the whole agenda of ‘better regulation'”, Konstantin Kreiser, head of EU nature policy at NABU, a German NGO, told Euractiv.

“The final evaluation study of the Nature Directives must be published now, together with the political conclusions on keeping them. Otherwise a terrible image of the EU is painted for all those who care for the environment, including, by the way, millions of people who care for nature in the UK.

“The environment is a success story of the EU, and it must continue to be one.”

 


 

The report:Evaluation Study to support  the Fitness Check of  the Birds and Habitats  Directives Draft‘, Final Report 4 January 2016.

Oliver Tickell is Contributing Editor at The Ecologist.

 

 

Change The System – Not The Climate

We are seeing the realities of climate change: rising temperatures, declining Arctic sea ice, extreme weather events, heatwaves, wildfires, floods, droughts, stronger storms and hurricanes and so on. According to UN estimates, there will be 1 billion ‘climate refugees’, i.e. victims of disasters induced by climate change in the world by 2050.

India is now experiencing the highest temperatures ever with a heatwave and drought, which has left many people with little access to water. Bangladesh got pummeled yet again by heavy rains leaving two million people homeless. Sri Lanka – which has experienced significant rise in sea levels in recent years – has just faced unprecedented floods and landslides which have left some 500,000 people homeless and over 200 families buried in the landslides.

Those most affected by climate change are those least responsible: the poor nations and communities of colour that have historically provided the natural and human resources for the enrichment of the privileged classes in the industrialized nations. The international policy frameworks in place are far from adequate to address the urgency of the climate crisis.

International Frameworks

The Kyoto Protocol, linked to the United Nations Framework Convention on Climate Change adopted in 1997, though flawed and never fully implemented, committed parties to internationally-binding emission reduction targets. Recognizing that developed countries are principally responsible for the high levels of greenhouse gas emissions, it placed a heavier burden on developed nations based on the principle of “common but differentiated responsibilities.”

However, even minimal efforts to address climate change became derailed by international economic competition. Industrializing countries such as China, India, and Brazil wanted the “rich, powerful and deeply fossil-fuel addicted” countries in the Global North to take the lead in drastic emissions reductions allowing them room to industrialize and advance economically. Fearing loss of their economic edge, the Global North wanted to move away from the targets and obligations to which they had previously agreed. Lobbied heavily by the fossil fuel industry, The United States government never even ratified the Kyoto Protocol.

Pointing out that the ability of populations to adapt and mitigate against climate change is shaped by political and economic realities, civil society organizations mostly from the global South declared the Bali Principles of Climate Justice in 2002. It framed the climate crisis as a political and ethical issue, not simply an environmental and physical phenomenon. The countries of the global South demanded the rich Northern nations to pay their ‘climate debt’, that is, compensation for their historically disproportionate emission of greenhouse gases which has contributed to extensive environmental and societal damage in poor countries.

Given these on-going contentions, the U.S. China bilateral Climate Deal of November 2014 was welcomed as an important achievement by the two most polluting nation states. Unfortunately, however, this Deal is merely a statement of aspirational goals: it has no binding targets, no specific plans to cut emissions and no penalties for non-compliance.

According to this Deal, China will not begin reducing emissions until as late as 2030. While the US agreement to reduce greenhouse gas emissions by 26%-28% below 2005 levels by 2025 is significant, it is not considered sufficient to reach the target of below 2 C increase in temperature by the end of the century. There is no guarantee that President Obama’s successor who will have to implement the deal will do so.

Paris Climate Agreement

The Climate Treaty signed in Paris in December 2015 is hailed as an historic achievement in international consensus and a turning point in climate policy. Practically all countries in the world opted to sign agreeing to hold the increase in the global average temperature increase to 1.5 ˚C.175 countries have already signed the Agreement which will go into effect in 2020. US Secretary of State John Kerry signed on behalf of the United States holding his little granddaughter in his arms.

Symbolism and rhetoric aside, the Paris Agreement, unlike the previous Kyoto Protocol, provides no detailed timetables or country-specific goals for emissions reduction. It leaves every country to decide its own cuts in pollution (so-called “Intended Nationally Determined Contributions”) according to its own criteria. It provides no clear, measurable targets, no accountability no legal obligations. Each country that ratifies the agreement will be required to set a target for emission reduction, but the amount will be voluntary. There will be neither a mechanism to force, a country to set a target by a specific date nor enforcement measures if a set target is not met. 

The Agreement was a victory for the United States given its opposition to mandatory emissions reduction targets and the Kyoto Protocol. It was, however, a failure for the smaller nations most vulnerable to the effects of climate change, which wanted to include stricter emissions targets and enforcement mechanisms.  Apparently, the U.S. gained their compliance through backdoor diplomacy and offers of international funding for climate adaptation. The United States also succeeded in ensuring that the Agreement was not legally binding and countries were not open to litigation for non-compliance of the Agreement.

The Paris Agreement will not be binding on its member states until 55 parties who produce over 55% of the world’s greenhouse gases ratify it. Thus far, only 17 countries – overwhelmingly vulnerable small island nations – have ratified the Agreement. There is doubt that given global economic competitiveness whether some countries, especially high polluters, such as, China, the US, India, Brazil, Canada, Russia, Indonesia and Australia will do so. There is also no guarantee that the developed countries will honor the pledge to mobilize $100 billion per year for climate financing for the poor countries starting in 2020.

The Paris Climate Agreement does not even mention fossil fuels let alone the need to leave 80% of it in the ground, which many experts consider a requirement to mitigate climate change. It does not address the need to cut government fossil fuel subsidies, military expenditures, air travel, shipping, etc. as keys to global de-carbonization.

Hardly anyone expects countries to do much for climate protection under this arrangement. No wonder fossil fuel companies were the financial backers of the Paris Climate Conference, which was dominated by market based solutions to climate change, notably emissions trading.

Carbon Trading

Carbon trading, which constitutes the bulk of emissions trading was introduced as the main mechanism for meeting emissions reduction targets under the Kyoto Protocol. Within this system, a country having more carbon emissions can purchase the ‘right’ to pollute more if it exceeds its cap by purchasing the permits of less polluting countries. As Carbon Trade Watch explains: “emissions trading partitions and privatizes the atmosphere and institutes the buying and selling of ‘permits to pollute’ just as any other international commodity”. This strategy for commodification of emissions was pushed by the US in response to heavy corporate lobbying.

Critics argue that there have not been measurable reductions in carbon emissions attributable to the mechanisms established under the Kyoto Protocol. They point out that the two most important carbon markets, the EU Emissions Trading System and the UN’s Clean Development Mechanism have essentially failed. They argue that the market-based cap and trade system, designed to reduce carbon emissions has actually aggravated the problem by giving unfair financial advantages to major polluters to continue polluting while putting the onus of climate protection and maintenance of carbon sinks on the poorer countries and inhibiting their economic development. Moreover, ‘emissions trading’ takes attention away from the search for less complicated strategies, such as a straightforward carbon tax on polluters and changes in patterns of economic production and energy use.

Despite these problems, the United Nations Framework Convention on Climate Change still strongly supports carbon trading. International financial interests are now gearing up to expand carbon trading under the new Paris Agreement. They see a huge new market and business opportunity in carbon trading. The World Bank has established a Carbon Finance Unit to create an international system to price carbon. The World Bank President, Jim Yong Kim recently stated that there is an ‘obvious consensus’ among World Bank economists studying the problem, and that ‘putting a price on carbon pollution is by far the most powerful and efficient way to reduce emissions’ Christine Legarde, the director of the International Monetary Fund has called carbon pricing the ‘crown jewel’ of efforts to mitigate climate change.

Many environmental justice activists, however, are deeply concerned about the possible effects of this approach motivated by profit. They argue that  carbon trading will lead to increasing ‘financialization of nature’, the commodification of everything that can be seen as a carbon sink, especially forests but also agricultural land and even the ocean’s capacity to sequester carbon dioxide (CO2) for photosynthesis via algae’.  The Pope’s June 2015 Encyclical also voices the grave concerns that many people have over the status quo’s push for carbon trading:

Rather than upholding and extending the extremist growth oriented system through new strategies, such as, carbon trading, the world’s economic structures must be transformed so that the exploitation of people and plunder of the Earth and the relentless pumping of greenhouse gases into the atmosphere are replaced by systems that honor environmental sustainability and social justice.

We have to be careful too that eco-fascist views and movements do not gain ground as economic conditions deteriorate and social and environmental dislocations worsen around the world. Change towards renewable energy has to be accompanied with changes in the control over resources and production and access of wider groups of people to economic opportunities.

In the face of dramatic recent acceleration in the warming of the planet, the failure of the Paris Agreement to address divesting from fossil fuel and the support of governments for new fossil fuel projects, climate action is intensifying around the world. There are thousands of organizations and people all around the world engaged in positive nonviolent and collective action. Indigenous people have been at the forefront of struggles to protect Mother Earth from the very beginning of their encounter with European colonization. We must believe that the larger goals of environmental sustainability and social justice can be achieved and that ‘Another World is Possible’ if we work together to ‘Change the System, not the Climate’.

This article is excerpted by the author from: http://www.globalresearch.ca/climate-consciousness-and-social-change/5530615

Asoka Bandarage, Ph.D. is the author of Sustainability and Well-Being: The Middle Path to Environment, Society and the Economy (Palgrave MacMillan, 2013) and many other publications.

She serves on the Board of the Interfaith Moral Action on Climate.  www.bandarage.com

 

 

 

Join The Great Stag Hunt – Stag Beetle That is

 OK, we know they’re not everyone’s idea of sexy or cute or furry or even fun to be around but that’s maybe all the more reason to give insects their own dedicated appreciation awareness week – which just happens to be next week (20-26 June).

The UK’s National Insect Week, which is held every other year, will celebrate our native insects of which there are 24,000 different species including the stag beetle (Lucanus cervus) whose numbers, sadly, are in decline across Europe thanks to habitat loss and predation.

The People’s Trust for Endangered Species (PTES) has now been running its annual Great Stag Hunt encouraging people to record sightings online since 1998. And last year, 5,500 sightings were recorded with thousands of Citizen Scientists taking part.

A UK conservation charity first set up in 1977, over the last decade PTES has been funding research into stag beetles with Professor Alan Gange and Dr Deborah Harvey who are based at the Royal Holloway University of London (RHUL), with both the charity and the academics working together to write the Biodiversity Action Plan for this threatened insect.

The largest of all British beetles, Stag beetles are easily recognisable thanks to their huge mandibles, which resemble those of a male deer’s antlers. They emerge from now until the end of the summer months, and do so in order to find a mate after up to seven years living underground as larvae, feeding on rotten wood. They tend to live in gardens, traditional orchards, woodland and parks and are most likely to be spotted flying on warm summer evenings.

Stag beetles are prevalent across southern England and coastal areas of the South West, but are less common in Northern England. And PTES is keen to hear, in particular, from people living in those regions that border the stag beetles’ known range, such as Cambridgeshire, Gloucestershire, Lincolnshire and Yorkshire.

To record your sighting of a stag beetle visit www.ptes.org/stagbeetles

For more in National Insect Week which is organized by The Royal Entomological Society, along with PTES and other organisations see http://www.nationalinsectweek.co.uk

To help further raise the profile of these beetles, PTES is working with MG Leonard, author of the best-selling children’s novel Beetle Boy; a heart-warming tale that is the first part of a Beetle Trilogy. For more on this collaboration see http://bit.ly/1PDvzMX

 

 

 

 

 

Missing mitochondria

Mitochondria

A mitochondrion

 

Mitochondria are often described as the “powerhouse” of the cell. These organelles are responsible for production of the majority of the energy (in the form of ATP) used by eukaryotic cells and are thought to have arisen over 2 billion years ago when a proto-eukaryote “ate”, but did not digest, a prokaryotic cell. Over time, the host cell and its endosymbiont became more and more dependent on one another. If this symbiosis ceased to exist, that is, if all mitochondria suddenly died, then the world would once again belong to the prokaryotes.

Because of the dependence eukaryotic organisms have on their mitochondria and the interdependence of genes and gene products between the nuclear and mitochondrial genomes, loss of mitochondria would result in the death of all organisms that have them. Not only would all eukaryotes go extinct, but so would some species of bacteria and viruses that depend on eukaryotic hosts. Such numerous losses would constitute a mass extinction on the scale never before seen on earth that would effectively serve as a “reset” button for life on this planet. Despite widespread death of macroscopic organisms, certainly, some (if not many) bacteria (and archaea) would persist.

This new world re-dominated by single-celled life would be vastly different from our current one. Aside from the eukaryotic corpses littering the landscape, the oxygen in earth’s atmosphere would surely decrease since plants would no be adding it to the atmosphere, the oceans would contain massive “dead zones” lacking oxygen because of all the decaying eukaryotes, and the global temperature would likely rise in the absence of plants sequestering carbon dioxide. This last point could certainly be debated since humans will no longer exist, and thus no longer be putting out such large quantities of greenhouse gases.

In the absence of eukaryotes, there would be abundant ecological opportunity and open niche space for life to re-explore. Whether replaying the tape of life (albeit from a biased starting point) would yield similar or completely different outcomes is anyone’s guess. It might not be surprising if another endosymbiotic event occurred among all the thriving bacteria and archaea, that, in the absence of eukaryotic competitors, eventually led to “new”karyotic, multicellular life re-evolving.

In any case, we should be thankful that our personal powerhouses keep chugging along.

An added note to this post since it was first conceived: Eukaryotes have been found that no longer have mitochondria. However, they live inside the guts of animals that due utilize mitochondria, so the scenario described above would not be very different.

June 14, 2016