2009/95/EC: Commission Decision of 12 December 2008 adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region (notified under document number C(2008) 8049)

• Published date: 13 February 2009
• Subject Matter: Environment
• Official Gazette Publication: Official Journal of the European Union, L 43, 13 February 2009

13.2.2009 EN Official Journal of the European Union L 43/393

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COMMISSION DECISION

of 12 December 2008

adopting, pursuant to Council Directive 92/43/EEC, a second updated list of sites of Community importance for the Mediterranean biogeographical region

(notified under document number C(2008) 8049)

(2009/95/EC)

THE COMMISSION OF THE EUROPEAN COMMUNITIES,

Having regard to the Treaty establishing the European Community,

Having regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (1) and in particular the third subparagraph of Article 4(2) thereof,

Whereas:

(1) The Mediterranean biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises the territory of Greece, Malta and Cyprus, in accordance to Article 1 of Protocol No 10 of the 2003 Act of Accession, and parts of the territory of France, Italy, Portugal, Spain and, in accordance with Article 299(4) of the Treaty, the territory of Gibraltar for whose external relations the United Kingdom is responsible, as specified in the biogeographical map approved on 25 April 2005 by the Committee set up by Article 20 of that Directive, hereinafter ‘the Habitats Committee’.

(2) It is necessary in the context of a process which was initiated in 1995 to make further progress in the actual establishment of the Natura 2000 network, which is an essential element of the protection of biodiversity in the Community.

(3) An initial list and a first updated list of sites of Community importance for the Mediterranean biogeographical region, within the meaning of Directive 92/43/EEC, were adopted respectively by Commission Decisions 2006/613/EC (2) and 2008/335/EC (3). On the basis of Articles 4(4) and 6(1) of Directive 92/43/EEC, the Member State concerned shall designate the sites included in the list of sites of Community importance for the Mediterranean biogeographical region as special areas of conservation as soon as possible and within six years at most, establishing conservation priorities and the necessary conservation measures.

(4) In the context of a dynamic adaptation of the Natura 2000 network, the lists of sites of Community importance are reviewed. A second update of the Mediterranean list is therefore necessary.

(5) On the one hand, the second update of the list of sites of Community importance for the Mediterranean biogeographical region is necessary in order to include additional sites that have been proposed since September 2006 by the Member States as sites of Community importance for the Mediterranean biogeographical region within the meaning of Article 1 of Directive 92/43/EEC. The obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC are applicable as soon as possible and within six years at most from the adoption of the second updated list of sites of Community importance for the Mediterranean biogeographical region.

(6) On the other hand, the second update of the list of sites of Community importance for the Mediterranean biogeographical region is necessary in order to reflect any changes in site related information submitted by the Member States following the adoption of the initial and the first updated Community lists. In that sense, the second updated list of sites of Community importance for the Mediterranean biogeographical region constitutes a consolidated version of the list of sites of Community importance for the Mediterranean biogeographical region. However, it should be stressed that the obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC are applicable as soon as possible and within six years at most from the adoption of the initial or the first updated list of sites of Community importance for the Mediterranean biogeographical region, depending on which list a site of Community importance was included as such for the first time.

(7) For the Mediterranean biogeographical region, lists of sites proposed as sites of Community importance within the meaning of Article 1 of Directive 92/43/EEC have been transmitted to the Commission between January 2003 and September 2007, in accordance with Article 4(1) of that Directive, by Cyprus, France, Greece, Italy, Malta, Portugal, Spain and the United Kingdom.

(8) The lists of proposed sites were accompanied by information on each site, supplied in the format established by Commission Decision 97/266/EC of 18 December 1996 concerning a site information format for proposed Natura 2000 sites (4).

(9) That information includes the most recent and definitive map of the site transmitted by the Member States concerned, name, location and extent of the site, and the data yielded by application of the criteria specified in Annex III to Directive 92/43/EEC.

(10) On the basis of the draft list drawn up by the Commission in agreement with each of the Member States concerned, which also identifies sites hosting priority natural habitat types or priority species, a second updated list of sites selected as sites of Community importance for the Mediterranean biogeographical region should be adopted.

(11) Knowledge of the existence and distribution of the natural habitat types and species is constantly evolving, as a result of the surveillance in accordance with Article 11 of Directive 92/43/EEC. Therefore, the evaluation and selection of sites at Community level was done using the best available information at present.

(12) Certain Member States have not proposed sufficient sites to meet the requirements of Directive 92/43/EEC for certain habitat types and species. For those habitat types and species it can therefore not be concluded that the network is complete. Taking into account the delay in receiving the information and reaching agreement with the Member States, it is necessary to adopt a second updated list of sites, which will need to be revised in accordance with Article 4 of Directive 92/43/EEC.

(13) Given that knowledge on the existence and distribution of some of the natural habitat types of Annex I and species of Annex II to Directive 92/43/EEC remains incomplete, it should not be concluded that the network is either complete or incomplete. The list should be revised, if necessary, in accordance with Article 4 of Directive 92/43/EEC.

(14) In the interests of clarity and transparency Decision 2008/335/EC should be replaced.

(15) The measures provided for in this Decision are in accordance with the opinion of the Habitats Committee,

HAS ADOPTED THIS DECISION:

Article 1

The second updated list of sites of Community importance for the Mediterranean biogeographical region in accordance with the third subparagraph of Article 4(2) of Directive 92/43/EEC is set out in the Annex to this Decision.

Article 2

Decision 2008/335/EC is repealed.

Article 3

This Decision is addressed to the Member States.

Done at Brussels, 12 December 2008.

For the Commission

Stavros DIMAS

Member of the Commission

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(1) OJ L 206, 22.7.1992, p. 7.

(2) OJ L 259, 21.9.2006, p. 1.

(3) OJ L 123, 8.5.2008, p. 76.

(4) OJ L 107, 24.4.1997, p. 1.

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ANNEX

Second updated list of sites of Community importance for the Mediterranean biogeographical region

Each site of Community importance (SCI) is identified by the information supplied in the Natura 2000 format, including the corresponding map. This has been transmitted by the competent national authorities in accordance with the second subparagraph of Article 4(1) of Directive 92/43/EEC.

The table below gives the following information:

A	:	SCI code comprising nine characters, the first two being the ISO code for the Member State;
B	:	name of SCI;
C	:	* = presence on the SCI of at least one priority natural habitat type and/or species within the meaning of Article 1 of Directive 92/43/EEC;
D	:	surface area of SCI in hectares or length in km;
E	:	geographical coordinates of SCI (latitude and longitude).

All the information given in the Community list below is based on the data proposed, transmitted and validated by Cyprus, Spain, France, Greece, Italy, Malta, Portugal and the United Kingdom.

A	B	C	D		E
SCI code	Name of SCI	*	Area of SCI (ha)	Length of SCI (km)	Geographical coordinates of SCI
					Longitude	Latitude
CY2000001	Mammari — Deneia	*	108		E 33 11	N 35 10
CY2000002	Alykos Potamos — Agios Sozomenos	*	434	125	E 33 24	N 35 3
CY2000003	Periochi Mitserou	*	910		E 33 8	N 35 3
CY2000004	Dasos Machaira	*	4 144	8,5	E 33 12	N 34 55
CY2000005	Madari — Papoutsa	*	4 486		E 33 0	N 34 57
CY2000007	Periochi Platy	*	621		E 32 46	N 34 55
CY2000008	Koilada Kedron — Kampos	*	18 286		E 33 34	N 35 24
CY2000009	Fountoukodasi Pitsilias	*	127		E 33 2	N 34 56
CY2000010	Koilada Potamou Maroullenas	*	72		E 33 9	N 35 1
CY2000011	Potamos Peristeronas	*			E 33 4	N 35 3
CY2000012	Koilada Kargoti	*	107		E 32 53	N 35 1
CY3000005	Kavo Gkreko	*	1 855		E 34 3	N 34 58
CY3000006	Thalassia Periochi Nisia	*	189		E 34 5	N 35 0
CY4000001	Periochi Polis — Gialia	*	1 724	11,5	E 32 27	N 35 4
CY4000002	Cha-Potami	*	2 629		E 32 39	N 34 43
CY4000003	Koilada Diarizou	*	1 355		E 32 42	N 34 48
CY4000004	Vouni Panagias	*	971		E 32 37	N 34 54
CY4000005	Episkopi Morou Nerou	*	418		E 32 32	N 34 49
CY4000006	Thalassia Periochi Moulia	*	201		E 32 26	N 34 43
CY4000007	Xeros Potamos	*	4 109		E 32 36	N 34 47
CY

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