NATURA 2000 IN THE NEW EU MEMBER STATES ONE YEAR AFTER ACCESSION Status report for new and candidate Member States. QUESTIONNAIRE Czech Republic

Transcription

1 NATURA 2000 IN THE NEW EU MEMBER STATES ONE YEAR AFTER ACCESSION Status report for new and candidate Member States QUESTIONNAIRE Czech Republic Please answer the questions and add as much detail in comments as possible, especially in cases where you have indicated partial or inadequate implementation. A. Legislation 1) Have the Habitats Directive and Birds Directive been transposed into the national legislation of your country? Habitats Directive Birds Directive Partially No Information 2) Regarding concrete provisions in the legal acts transposing the Habitats and Birds Directives: i Is it clear in the legislation of your country how to designate SACs and SPAs (by law, decree, otherwise)? SPAs SACs Partially By government decree ii Is there general legal protection for SACs and SPAs according to the legislation of your country? Partially SPAs SACs The SACs will be established through existing categories of protected areas (national parks, landscape protected areas, nature reserves, nature monuments). Even a pscis they are called "areas of European importance", and have a legal protection that is compatible with Article 6 of the Habitats Directive. SPAs are a special category of protected area called "bird areas", with several general and some area-specific rules. iii Is there a clear process for evaluating significant effects of plans/projects on sites (art. 6.3 & 6.4)?, following the EIA, independent from the EIA Yes, but inadequate

2 Assessment according to Article 6 of the Habitats Directive is included as a part of the EIA in cases where an EIA is necessary. In cases where an EIA is not necessary, there is a special evaluation. The problematic issues are: exceptions from the law for plans or projects can be made by the government in an untransparent process; forestry plans are excluded from Article 6 assessment. iv Are there provisions for ensuring the ecological coherence of the network (art. 10)? Yes, but inadequate There is a system called "Territorial System of Ecological Balance" (Uzemni system ekologicke stability, "USES"), including bio-centres and bio-corridors. But there is no direct connection to the Natura 2000 network, and the legal protection of bio-centres and bio-corridors is relatively weak and ineffective. v Is the species protection regime (art. 12 to art.16) adequately transposed? Partially The list of protected species is not in accordance with the annexes of the Habitats Directive. Minor problems regarding birds of prey (weak requirements for proof of origin for birds raised in captivity). 3) Are the Habitats and Birds Directives integrated into legislation governing sectoral policies? Sectors Yes No Inadequately No info Comments Agriculture Spatial planning A new building law is in preparation Transportation Proposed highways and inland waterways are in conflict with Natura 2000 sites; the conclusion of the Strategic Environmental Assessment for transport policy and for inland waterways is negative according to Article 6 of the Habitats Directive. Water management Forests Other: 4) Any other or issues or general comments regarding legislation? B. Site designation -- National list of sites 1) Concrete data: i Number of SCIs proposed by the national government: 863 ii Number of SPAs proposed by the national government: 38 iii % of national surface of SCIs proposed + SPAs (avoiding double counting by overlap): 13 iv % of coincidence with existing PAs of SCIs proposed + SPAs (avoiding double counting by overlap): ca. 70

3 v Is digital data (shp, dxf, others) of the proposed SCIs and SPAs available? (if there is, please send it with the questionnaire): Yes 2) Please rate the quality of scientific information used to prepare the list of proposed Sites of Community Importance: Good (inadequate) Fair (some changes needed) Poor (clearly inadequate) The list of sites for the Continental biogeographic region was prepared before all mapping was completed and processed. 3) Please evaluate the list of proposed sites: Good (sufficient) Fair (some changes needed) Poor (clearly insufficient) Please justify your evaluation referring, for example, to % of area proposed by scientific or NGO list not included in the official list, species and habitats missing, regional imbalances, etc.: 15-20% 4) Any other or issues or general comments regarding Site designation? C. Financing 1) Is there a cost estimate for implementing Natura 2000 in your country? Author or institution Date of estimate Overall amount Comments Ministry of Environment 2003 Over CZK 1 billion per year Includes only impact on state budget, e.g. staff and administration costs and compensation When will there be? 2) Is there a national plan for financing Natura 2000? When will there be? 3) Are there provisions in the national budget for financing implementation of the Habitats and Birds Directives? Yes No

4 Between , the Czech government spent ca. CZK million (ca million) for activities related to preparations for Natura The amount is increasing from 2005, with ca. CZK 1 billion (ca. 34,483,000) from the state budget expected around Parallel to this, there are ongoing discussions regarding the use of EU co-finanicng through the European Agricultural Fund for Rural Development and the Structural Funds. 4) Natura 2000 and the EU funds for the period : i Are there specific lines for financing the implementation of Natura 2000 in the National Development Plan of your country? Please describe briefly how: No specific mention of Natura 2000, but there are financing opportunities anyway (please comment below) Natura 2000 is not specifically mentioned. There are some posibilities regarding sustainable tourism, river restoration, etc. ii Are there specific lines for financing the implementation of Natura 2000 in the Sectoral Operational Plans of your country? Please describe briefly how: No specific mention of Natura 2000, but there are financing opportunities anyway (please comment below) Natura 2000 is not specifically mentioned. There are some posiibilities regarding sustainable tourism, river restoration, etc. iii Are there specific lines for financing the implementation of Natura 2000 in the Rural Development Plan of your country? Please describe briefly how: No specific mention of Natura 2000, but there are financing opportunities anyway (please comment below) Natura 2000 is not specifically mentioned, Natura 2000 is not specifically mentioned. There are limited possibilities within agri-environmental schemes (Crex crex, wet meadows) and LFA measures (grasslands only). iv Have pre-accession funds been used for implementation of Natura 2000, or are they currently being used? Funding source Yes Comments/description PHARE ISPA Project "Implementation of Natura 2000 in the Czech Republic", including preparation of pilot management plans, awareness raising activities, etc.

5 SAPARD Other Pilot agri-environmental schemes. v Have any other funding sources been used for implementation of Natura 2000, or are they currently being used? Funding source Yes No No info Comments/description Govt Aid Agencies Private sources Others 5) Is it planned to include specific and sufficient financial lines for the implementation of Natura 2000 in the planning instruments for the next programming period ( )? Planning document Yes No No info Comments National Dev. Plan Sectoral Operational Plans Rural Dev. Plan NGOs have urged the Ministry of Environment to prepare a strategy and financial framework for Natura 2000 as part of the NDP There is an agri-environment working group under the Ministry of Agriculture National development plan and operational programs are in preparation, Natura 2000 is not among priorities, but likely will be mentioned. 6) Any other or issues or general comments regarding financing for Natura 2000? D. Management 1) Does the Government have staff dedicated specifically to Natura 2000? Main activity Approx. no. of civil servants Sites list ellaboration it was over 700, now it is about Art. 6.3 and 6.4 assessments 16 Site/species management Scientific studies? Communication Others (please specify)

6 2) Have principles, management guidelines and planned management measures based on Fvourable Conservation Satus been established for habitat and species? Will be ready by: Basic managemant guidelines for each habitat and species were prepared. 3) Are there going to be management plans specifically dedicated to Natura 2000 sites and species in your country? Will be ready by: Sites Species Czech national law (article 48) requires management plans for all sites except for SPAs (see below). But there is no obligation to prepare management plans until sites are actually designated as SACs, which could take 6+ years. In the meantime, the present status of nominated habitats/species must be maintained only actions that would threaten maintenance of that status require a management plan. Assuming that areas have been selected due to their existing natural features, this should not present too much of a problem. For forested areas, maintaining the status quo should not be a problem. Problems regarding agriculture should be limited due to the relatively strict requirements regarding changes in land use. A clear problem though is with land abandonment and subsequent afforestation, e.g. of grassland areas. Management plans and methodologies have been developed for 15 Protected Landscape Areas through a PHARE funded project EUROPAID/114391/D/SV/CZ. SPA s: There are no provisions for management plans for SPAs (this was expressly refused by legislators); instead, there are a set of recommended measures that can give the conservation authorities some powers and provide guidelines for management. Forest management plans are not required to include Natura 2000 (the result of successful lobbying by the forest stakeholders) this is a clear gap and problem. But for most aspects forest management plans are not binding, so this is a problem only where forest owners go against Natura 2000 requirements. Unfortunately, Forest Management Plans are not public publication requires the express approval of the forest owner. 4) Are there specific methodologies for developing Natura 2000 management plans? Sites Species Will be ready by: PHARE project EUROPAID/114391/D/SV/CZ 5) Is the procedure for assessing projects and plans (art. 6.3, 6.4) adequately implemented? Inadequately

7 With two partial problem - forest management plans are excluded, and permission for exception for projects in PLAs are given by the government, which in practice means that such exceptions will be given in case of major projects and almost automatically. 6) Is there any methodology for monitoring? Will be ready by: A methodology for monitoring, including definition of Favourable Conservation Status, is currently being developed by the Czech Agency for Nature and Landscape Protection. 7) Any other or issues or general comments regarding management for Natura 2000? E. Communication and public participation 1) Has there been a public participation process for i ii Designation of SPAs? Yes, but inadequate Public hearings and inter-sectoral negotiations Proposal SCI list? Yes, but inadequate Inadequate due especially to lack of time 2) Is public participation planned for i ii Elaboration of management plans? Methodologies for development of management plans are still under development. A number of methodologies for public participation in development of management plans, including holding public hearings and conducting interviews, have been developed and tested as part of a PHARE-funded project. Evaluation of significant effects of projects and plans over sites? In the processes for Environmental Impact Assessments (EIAs) and Nature Impact Assessments. Nature Impact Assessments according to Article 6 of the Habitats Directive are undertaken as part of the EIA where an EIA is required. In cases where an EIA is not required, but where the planned

8 activity could have a significant negative impact on a Natura 2000 site, only a Nature Impact Assessment is undertaken. The Nature Impact Assessment is in principle similar to the EIA, but targeted specifically at issues related to Natura ) Does the government have a communication/awareness raising strategy on Natura 2000?, but inadequate Éxpected by: Funds have been too limited to undertake the kind of really mass-communications drive, involving especially television and other mass media, that would be needed for raising awareness and understanding for Natura 2000 in the Czech Republic. Nevertheless, the Czech Republic has undertaken a number of communications/awareness raising activities related to Natura 2000, but lacks a long-term strategy or plan. Development of such a plan is limited in part by Czech conditions and the dynamic nature of developments, which often require an ad hoc response, but especially by the short-term availability of funding and budget planning, which is undertaken on an annual basis. 4) Any other or issues or general comments regarding communicating Natura 2000? Environmental NGOs play a significant role in awareness raising regarding Natura 2000, with activities that are quite visible. There is a website dedicated to Natura besides that, lots of other activities have been done: press conferences, press releases, exhibitions, movies (even in TV), etc. Also pilot projects of negotiations of management plans with stakeholders are currentl running. F. Known threats 1) Please note if there has been any complaint to the EU regarding implementation of Natura 2000 in your country: Regarding Complaint Status (rejected, in Court, no info ) Brief description Site designation 3 Transposition legislation Activities negatively affecting sites of Others 1 SPA: sent to EC, given registration numbers SCI: in preparation 1 In preparation 2 complaints regarding SPAs - "Hermansky stav" - proposed, but rejected by governemnt, "Komarov" - approved, but boundaries significantly changed because of motorway; general complaint regarding sites proposed by the Ministry of Environment, but rejected within negotiation process. 3 minor points regarding Articles 6 and 12 included in general complaint 3 known 1 rejected, 2 no information All sent before sites were oficially approved Formally rejected, but warning letter sent to Czech government In proposed amendment to the Navigation Act there was a provision regarding excluding inland waterways from provisions of the Nature Conservation Act; due to letter of Commission, this provision was excluded 2) Please note any activities (or the lack of them) that could negatively impact existing or potential Natura 2000 sites that you are aware of: Location/site Activity Expected impact EU co-financing? SPA - Hermansky stav - Struzka- Poolsi Construction industrial zone of Loss of feeding area for Marsh Harrier, impact on other protected species no psci Labske Planned dams for Impact on salmon, beaver and alluvial forest habitats no

9 udoli psci Slavikovy ostrovy improving navigation Planned construction of inland waterway Impact on protected species of insect SPA Komarov Planned motorway Impact on migrating bird species? SPA and psci Boletice Construction of ski center Very significant impact, with construction planned in core area no no 3) Any other or issues or general comments regarding threats to existing or future Natura 2000 sites? Other common threats are bad forest and water management practises, uncontrolled tourism and construction of recreational objects (hotels, camps, huts, ski facilities); specifically for SPAs it is construction of large windmill farms; for river and wetland ecosystems it is the planned Danube-Oder-Elbe canal. G. Main priorities for implementing Natura 2000 Which in your opinion are the main priorities for implementing Natura 2000 in your country (one per line)? Financing Assessment of plans and projects Finalisation of designation Implementation of Natura 2000 protection into sectoral policies Awareness raising H. Accession and candidate countries: Romania, Bulgaria, Croatia and Turkey To the extent that you have not already done so in the questionnaire above, please provide a snapshot of preparations for Natura 2000 in your country, including: 1) General progress made by the Government in site list preparation: 2) Resources dedicated by the Government (human/financial national/international) for site list preparation: 3) Involvement of NGOs and other actors in preparing for Natura 2000: 4) Other issues or general comments: People involved in answering the questionnaire Country Name (last, first) Organization/Institution Karlik Vlastimil Arnika priroda@arnika.org