Council Directive 2013/17/EU of 13 May 2013 adapting certain directives in the field of environment, by reason of the accession of the Republic of Croatia

• Published date: 10 June 2013
• Subject Matter: Environment,Accession
• Official Gazette Publication: Official Journal of the European Union, L 158, 10 June 2013

10.6.2013 EN Official Journal of the European Union L 158/193

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COUNCIL DIRECTIVE 2013/17/EU

of 13 May 2013

adapting certain directives in the field of environment, by reason of the accession of the Republic of Croatia

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Treaty of Accession of Croatia, and in particular Article 3(4) thereof,

Having regard to the Act of Accession of Croatia, and in particular Article 50 thereof,

Having regard to the proposal from the European Commission,

Whereas:

(1) Pursuant to Article 50 of the Act of Accession of Croatia, where acts of the institutions adopted prior to accession require adaptation by reason of accession, and the necessary adaptations have not been provided for in that Act of Accession or in the Annexes thereto, the Council, acting by qualified majority on a proposal from the Commission, shall, to this end, adopt the necessary acts, if the original act was not adopted by the Commission.

(2) The Final Act of the Conference which drew up and adopted the Treaty of Accession of Croatia indicated that the High Contracting Parties had reached political agreement on a set of adaptations to acts adopted by the institutions required by reason of accession and invited the Council and the Commission to adopt those adaptations before accession, completed and updated where necessary to take account of the evolution of the law of the Union.

(3) Directives 92/43/EEC (1), 2001/81/EC (2) and 2009/147/EC (3) should therefore be amended accordingly,

HAS ADOPTED THIS DIRECTIVE:

Article 1

Directives 92/43/EEC, 2001/81/EC and 2009/147/EC are amended as set out in the Annex to this Directive.

Article 2

1. Member States shall adopt and publish, by the date of accession of Croatia to the Union at the latest, the laws, regulations and administrative provisions necessary to comply with this Directive. They shall forthwith communicate to the Commission the text of those provisions.

They shall apply those provisions from the date of accession of Croatia to the Union.

When Member States adopt those measures, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 3

This Directive shall enter into force subject to and as from the date of the entry into force of the Treaty of Accession of Croatia.

Article 4

This Directive is addressed to the Member States.

Done at Brussels, 13 May 2013.

For the Council

The President

S. COVENEY

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(1) Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

(2) Directive 2001/81/EC of the European Parliament and of the Council of 23 October 2001 on national emission ceilings for certain atmospheric pollutants (OJ L 309, 27.11.2001, p. 22).

(3) Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on the conservation of wild birds (OJ L 20, 26.1.2010, p. 7).

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ANNEX

PART A

INDUSTRIAL POLLUTION CONTROL AND RISK MANAGEMENT

Directive 2001/81/EC is amended as follows:

(1)

Annex I is replaced by the following: ‘ANNEX I NATIONAL EMISSION CEILINGS FOR SO2, NOx, VOC AND NH3, TO BE ATTAINED BY 2010 (1) Country SO2 Kilotonnes NOx Kilotonnes VOC Kilotonnes NH3 Kilotonnes Belgium 99 176 139 74 Bulgaria (2) 836 247 175 108 Czech Republic 265 286 220 80 Denmark 55 127 85 69 Germany 520 1 051 995 550 Estonia 100 60 49 29 Ireland 42 65 55 116 Greece 523 344 261 73 Spain 746 847 662 353 France 375 810 1 050 780 Croatia (3) 70 87 90 30 Italy 475 990 1 159 419 Cyprus 39 23 14 9 Latvia 101 61 136 44 Lithuania 145 110 92 84 Luxembourg 4 11 9 7 Hungary 500 198 137 90 Malta 9 8 12 3 Netherlands 50 260 185 128 Austria 39 103 159 66 Poland 1 397 879 800 468 Portugal 160 250 180 90 Romania (2) 918 437 523 210 Slovenia 27 45 40 20 Slovakia 110 130 140 39 Finland 110 170 130 31 Sweden 67 148 241 57 United Kingdom 585 1 167 1 200 297 EU 28 8 367 9 090 8 938 4 324

(2)	In Annex II, the table is replaced by the following: ‘SO2 Kilotonnes NOx Kilotonnes VOC Kilotonnes EU 28 (4) 7 902 8 267 7 675

PART B

NATURE PROTECTION

(1)

Directive 92/43/EEC is amended as follows: (a) Annex I is replaced by the following: ‘ANNEX I NATURAL HABITAT TYPES OF COMMUNITY INTEREST WHOSE CONSERVATION REQUIRES THE DESIGNATION OF SPECIAL AREAS OF CONSERVATION Interpretation Guidance on the interpretation of habitat types is given in the Interpretation Manual of European Union Habitats as approved by the committee set up under Article 20 (“Habitats Committee”) and published by the European Commission (5). The code corresponds to the Natura 2000 code. The sign “*” indicates priority habitat types. 1. COASTAL AND HALOPHYTIC HABITATS 11. Open sea and tidal areas 1110 Sandbanks which are slightly covered by sea water all the time 1120 * Posidonia beds (Posidonion oceanicae) 1130 Estuaries 1140 Mudflats and sandflats not covered by seawater at low tide 1150 * Coastal lagoons 1160 Large shallow inlets and bays 1170 Reefs 1180 Submarine structures made by leaking gases 12. Sea cliffs and shingle or stony beaches 1210 Annual vegetation of drift lines 1220 Perennial vegetation of stony banks 1230 Vegetated sea cliffs of the Atlantic and Baltic Coasts 1240 Vegetated sea cliffs of the Mediterranean coasts with endemic Limonium spp. 1250 Vegetated sea cliffs with endemic flora of the Macaronesian coasts 13. Atlantic and continental salt marshes and salt meadows 1310 Salicornia and other annuals colonizing mud and sand 1320 Spartina swards (Spartinion maritimae) 1330 Atlantic salt meadows (Glauco-Puccinellietalia maritimae) 1340 * Inland salt meadows 14. Mediterranean and thermo-Atlantic salt marshes and salt meadows 1410 Mediterranean salt meadows (Juncetalia maritimi) 1420 Mediterranean and thermo-Atlantic halophilous scrubs (Sarcocornetea fruticosi) 1430 Halo-nitrophilous scrubs (Pegano-Salsoletea) 15. Salt and gypsum inland steppes 1510 * Mediterranean salt steppes (Limonietalia) 1520 * Iberian gypsum vegetation (Gypsophiletalia) 1530 * Pannonic salt steppes and salt marshes 16. Boreal Baltic archipelago, coastal and landupheaval areas 1610 Baltic esker islands with sandy, rocky and shingle beach vegetation and sublittoral vegetation 1620 Boreal Baltic islets and small islands 1630 * Boreal Baltic coastal meadows 1640 Boreal Baltic sandy beaches with perennial vegetation 1650 Boreal Baltic narrow inlets 2. COASTAL SAND DUNES AND INLAND DUNES 21. Sea dunes of the Atlantic, North Sea and Baltic coasts 2110 Embryonic shifting dunes 2120 Shifting dunes along the shoreline with Ammophila arenaria (“white dunes”) 2130 * Fixed coastal dunes with herbaceous vegetation (“grey dunes”) 2140 * Decalcified fixed dunes with Empetrum nigrum 2150 * Atlantic decalcified fixed dunes (Calluno-Ulicetea) 2160 Dunes with Hippophaë rhamnoides 2170 Dunes with Salix repens ssp. argentea (Salicion arenariae) 2180 Wooded dunes of the Atlantic, Continental and Boreal region 2190 Humid dune slacks 21A0 Machairs (* in Ireland) 22. Sea dunes of the Mediterranean coast 2210 Crucianellion maritimae fixed beach dunes 2220 Dunes with Euphorbia terracina 2230 Malcolmietalia dune grasslands 2240 Brachypodietalia dune grasslands with annuals 2250 * Coastal dunes with Juniperus spp. 2260 Cisto-Lavenduletalia dune sclerophyllous scrubs 2270 * Wooded dunes with Pinus pinea and/or Pinus pinaster 23. Inland dunes, old and decalcified 2310 Dry sand heaths with Calluna and Genista 2320 Dry sand heaths with Calluna and Empetrum nigrum 2330 Inland dunes with open Corynephorus and Agrostis grasslands 2340 * Pannonic inland dunes 3. FRESHWATER HABITATS 31. Standing water 3110 Oligotrophic waters containing very few minerals of sandy plains (Littorelletalia uniflorae) 3120 Oligotrophic waters containing very few minerals generally on sandy soils of the West Mediterranean, with Isoetes spp. 3130 Oligotrophic to mesotrophic standing waters with vegetation of the Littorelletea uniflorae and/or of the Isoëto-Nanojuncetea 3140 Hard oligo-mesotrophic waters with benthic vegetation of Chara spp. 3150 Natural eutrophic lakes with Magnopotamion or Hydrocharition — type vegetation 3160 Natural dystrophic lakes and ponds 3170 * Mediterranean temporary ponds 3180 * Turloughs 3190 Lakes of gypsum karst 31A0 * Transylvanian hot-spring lotus beds 32. Running water — sections of water courses with natural or semi-natural dynamics (minor, average and major beds) where the water quality shows no significant deterioration 3210 Fennoscandian natural rivers 3220 Alpine rivers and the herbaceous vegetation along their banks 3230 Alpine rivers and their ligneous ...