91996E0755

WRITTEN QUESTION P-0755/96 by Kenneth Collins (PSE) to the Commission (21 March 1996)

Subject: Level of protection afforded by Habitats Directive

Is the level of protection afforded to Special Protection Areas supporting species listed on Annex I of Council Directive 79/409/EEC (1) on the Conservation of Wild Birds equal to that afforded to Special Areas of Conservation supporting priority habitats and/or species listed on Council Directive 92/43/EEC (2) on the Conservation of natural Habitats and Wild Flora and Fauna? If so, does the procedure set down in Article 5 of Council Directive 92/43/EEC apply equally to Special Protection Areas supporting Annex I species of bird and Special Areas of Conservation supporting priority habitats and/or species?

Answer given by Mrs Bjerregaard on behalf of the Commission (29 April 1996)

The protection afforded to special protection areas (SPAs) supporting species listed in Annex I of Council Directive 79/409/EEC on the conservation of wild birds is largely the same as the protection afforded to special areas of conservation (SACs) supporting priority habitats or species listed in Council Directive 92/43/EEC on the conservation of natural habitats and of wild flora and fauna. However, there are certain differences. Article 6(1) of Directive 92/43/EEC applies to SACs, but does not apply to SPAs, and Article 6(4), second paragraph of Directive 92/43/EEC does not apply to SPAs unless they host priority habitats or species (no bird species constitutes a priority species for this purpose).

The classification process for SPAs is different from the designation process for SACs. The former is governed by rules set out in Directive 79/409/EEC, while the latter is governed by rules set out in Directive 92/43/EEC. Article 5 of Directive 92/43/EEC exclusively relates to the designation process for SACs.