Changes between two versions
What changed between the adopted text of 12 Jul 2023 and the adopted text of 27 Feb 2024
+274 added · −196 removed · 199 changed paragraphs, packaging included.
Part 5 of 14: Paragraphs 241–300
Added:8. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 4 and 7 of this Article shall be based on the best available knowledge and the latest scientific evidence of the condition of the habitat types listed in Annex I to this Regulation, measured by the structure and functions which are necessary for their long-term maintenance, including their typical species, as referred to in Article 1, point (e), of Directive 92/43/EEC, and of the quality and quantity of the habitats of the species referred to in paragraph 7 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC and Article 12 of Directive 2009/147/EC, and where appropriate taking into account the diversity of situations in various regions as referred to in Article 14(16), point (c), of this Regulation.
Added:9. Member States shall ensure, by 2030 at the latest, that the condition of habitat types is known for at least 90 % of the area distributed over all habitat types listed in Annex I and that by 2040, the condition of all areas of habitat types listed in Annex I is known.
Added:10. The restoration measures referred to in paragraphs 1 and 4 shall consider the need for improved connectivity between the habitat types listed in Annex I and take into account the ecological requirements of the species referred to in paragraph 7 that occur in those habitat types.
Added:11. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 4 and 7 show a continuous improvement in the condition of the habitat types listed in Annex I until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 7, until the sufficient quality of those habitats is reached.
Added:Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.
Added:12. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex I to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 17 of this Article.
Added:13. With regard to paragraphs 11 and 12 of this Article, outside Natura 2000 sites, Member States may, in the absence of alternatives, apply the non-deterioration requirements set out in those paragraphs at the level of each biogeographical region of their territory for each habitat type and each habitat of species, provided that the Member State concerned notifies its intention to apply this paragraph to the Commission by … [six months from the date of entry into force of this Regulation] and fulfils the obligations set out in Article 15(3), point (g), Article 20(1) point (j), Article 21(1) and Article 21(2), point (b).
Added:14. Outside Natura 2000 sites, the obligation set out in paragraph 11 shall not apply to deterioration caused by:
Added:(a) force majeure, including natural disasters;
(b) unavoidable habitat transformations which are directly caused by climate change; ▌
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Changed:(c) a plan or project of overriding public interest for which no less damaging alternative solutions are available, to be determined on a case by case basis; or
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Removed:(ca) in exceptional circumstances, linked to the realisation or continuation of activities of public interest, the non-fulfilment of the obligations set out in paragraph 6 shall be justified, provided that it does not jeopardise the achievement of the restoration targets set out in paragraphs 1, 2 and 3. Member States shall inform the Commission about such exceptional circumstances and duly justify them without delay; or [Am. 6]
Added:(d) action or inaction by third countries for which the Member State concerned is not responsible.
Removed:(d) action or inaction from third countries for which the Member State concerned is not responsible.
Added:15. Outside Natura 2000 sites, the obligation set out in paragraph 12 shall not apply to deterioration caused by:
Removed:8a. Outside Natura 2000 sites, the obligation to put in place necessary measures set out in paragraph 7 does not apply to deterioration caused by:
Added:(a) force majeure, including natural disasters;
Removed:(a) force majeure including natural disasters;
(b) unavoidable habitat transformations which are directly caused by climate change;
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Changed:(c) plansa plan or projectsproject of overriding public interest for which no less damaging alternative solutions are available; or
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Changed:(d) action or inaction fromby third countries for which the Member State concerned is not responsible.
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Changed:9.16. ForWithin Natura 2000 sites, the non-fulfilment of the obligations set out in paragraphs 611 and 7,12 is justified if it is caused by:
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Changed:(a) force majeuremajeure, including natural disasters;
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Changed:(b) unavoidable habitat transformations which are directly caused by climate change:;change; or
(c) a plan or project authorised in accordance with Article 6(4) of the Directive 92/43/EEC.
17. Member States shall ensure that there is:
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Changed:(a) an increase of habitatthe area in good condition for habitat types listed in Annex I until at least 90 % is in good condition and until the favourable reference area for each habitat type in each biogeographic region of the Member State concerned is reached;
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Changed:(b) an increasing trend towards the sufficient quality and quantity of the terrestrial, coastal and freshwater habitats of the species referred tolisted in Annexes II, IV and V to Directive 92/43/EEC and of the species coveredfalling bywithin the scope of Directive 2009/147/EC.
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Removed:10a. In the measures to be taken under this Article, Member States shall take into account economic, social and cultural requirements and regional and local particularities, in accordance with Article 2(3) of Directive 92/43/EEC. [Am. 27]
Article 5 Restoration of marine ecosystems
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Changed:1. Member States shall put in place the restoration measures that are necessary to improve to good condition areas of habitat types listed in Annex II which are not in good condition. Such restoration measures shall be put in place:
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Changed:(a) by 2030, on at least 30 % by 2030 of the total area of groups 1–61 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15;
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Changed:(b) by 2040, on at least 60 % byand, 2040by and2050, on at least 90 % by 2050 of the area of each of the groups 1–61 to 6 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15;
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Changed:(c) by 2040, on at least two thirds of the percentage,percentage referred to in point (d),(d) byof 2040this paragraph of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12;15; and
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Changed:(d) by 2050, on a percentage, identified in accordance with Article 11(2a), by 205014(3), of the area of group 7 of the habitat types listed in Annex II that is not in good condition, as quantified in the national restoration plan referred to in Article 12.15.
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Changed:The percentage,percentage referred to in the first subparagraph, point (d)(d), of this paragraph,Article shall be set so as not to prevent good environmental status, as determined pursuant to Article 9(1) of Directive 2008/56/EC, from being achieved or maintained.
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Removed:▌ [Am. 29]
Added:2. Member States shall put in place the restoration measures that are necessary to re-establish the habitat types in groups 1 to 6 listed in Annex II in areas where those habitat types do not occur, with the aim of reaching the favourable reference area for those habitat types. Such measures shall be in place on areas representing at least 30 % of the additional surface needed to reach the favourable reference area for each group of habitat types, as quantified in the national restoration plan referred to in Article 15, by 2030, on areas representing at least 60 % of that surface by 2040, and on 100 % of that surface by 2050.
Removed:3. Member States shall put in place the restoration measures for the marine habitats of species listed in Annex III and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds covered under Directive 2009/147/EC, that are, in addition to the restoration measures put in place in accordance with paragraphs 1 and 2 of this Article, necessary in order to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
Added:3. By way of derogation from paragraph 2 of this Article, if a Member State considers that it is not possible to put in place restoration measures by 2050 that are necessary to reach the favourable reference area for a specific habitat type on 100 % of the surface, the Member state concerned may set a lower percentage at a level between 90 % and 100 % in its national restoration plan as referred to in Article 15 and provide adequate justification. In such a case, the Member State shall gradually put in place restoration measures that are necessary to achieve that lower percentage by 2050. By 2030, those restoration measures shall cover at least 30 % of the additional surface needed to achieve such lower percentage by 2050, and by 2040, they shall cover at least 60 % of the additional surface needed to achieve such lower percentage by 2050.
Removed:4. The determination of the most suitable areas for restoration measures in accordance with paragraphs 1, 2 and 3 of this Article shall be based on the best available knowledge and the latest technical and scientific progress in determining the condition of the habitat types listed in Annex II, ▌and of the quality and quantity of the habitats of the species referred to in paragraph 3 of this Article, making use of information reported under Article 17 of Directive 92/43/EEC, Article 12 of Directive 2009/147/EC and Article 178 of Directive 2008/56/EC.
Added:4. If a Member State applies the derogation pursuant to paragraph 3 to specific habitat types, the obligation set out in paragraph 2 shall apply to the remaining additional surface needed to reach the favourable reference area of each group of habitat types listed in Annex II to which those specific habitat types belong.
Removed:4a. Member States shall ensure, by 2030 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in groups 1–6 of Annex II. The condition of all areas of groups 1–6 of habitat types listed in Annex II shall be known by 2040. Member States shall also ensure, by 2040 at the latest, that the condition is known for at least 50% of the area distributed over all habitat types listed in group 7 of Annex II. The condition of all areas of group 7 of habitat types listed in Annex II shall be known by 2050.
Added:5. Member States shall put in place restoration measures for the marine habitats of species listed in Annex III to this Regulation and in Annexes II, IV and V to Directive 92/43/EEC and for the marine habitats of wild birds falling within the scope of Directive 2009/147/EC that are, in addition to the restoration measures referred to in paragraphs 1 and 2 of this Article, necessary to improve the quality and quantity of those habitats, including by re-establishing them, and to enhance connectivity, until sufficient quality and quantity of those habitats is achieved.
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Changed:5.6. The determination of the most suitable areas for restoration measures referredin toaccordance inwith paragraphs 11, 2 and 25 of this Article shall considerbe based on the needbest foravailable improvedknowledge ecologicaland coherencethe latest technical and connectivityscientific betweenprogress in determining the condition of the habitat types listed in Annex II andto takethis intoRegulation account▌and the ecologicalquality requirementsand quantity of the habitats of the species referred to in paragraph 35 thatof occurthis inArticle, thosemaking habitatuse types.of information reported under Article 17 of Directive 92/43/EEC, Article 12 of Directive 2009/147/EC and Article 17 of Directive 2008/56/EC.
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Removed:6. Member States shall endeavour to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 3 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 3, until the sufficient quality of those habitats is reached. Member States shall endeavour to put in place, where possible, necessary measures with the aim to prevent that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate on a national level. [Am. 125/rev1]
Added:7. Member States shall ensure that the condition is known of the following areas:
Removed:▌ [Ams. 32, 104 and 126/rev1]
Added:(a) by 2030, for at least 50 % of the area distributed over all habitat types in groups 1 to 6 listed in Annex II;
Removed:8. Outside Natura 2000 sites, the non-fulfilment of the obligations set out in paragraph 6 ▌is justified if caused by:
Added:(b) by 2040, for all areas of the habitat types in groups 1 to 6 listed in Annex II;
Removed:(a) force majeure including natural disasters;
Added:(c) by 2040, for at least 50 % of the area distributed over all habitat types in group 7 listed in Annex II;
Added:(d) by 2050, for all areas of the habitat types in group 7 listed in Annex II.
Added:8. The restoration measures referred to in paragraphs 1 and 2 shall consider the need for improved ecological coherence and connectivity between the habitat types listed in Annex II and take into account the ecological requirements of the species referred to in paragraph 5 that occur in those habitat types.
Added:9. Member States shall put in place measures which shall aim to ensure that the areas that are subject to restoration measures in accordance with paragraphs 1, 2 and 5 show a continuous improvement in the condition of the habitat types listed in Annex II until good condition is reached, and a continuous improvement of the quality of the habitats of the species referred to in paragraph 5, until the sufficient quality of those habitats is reached.
Added:Without prejudice to Directive 92/43/EEC, Member States shall put in place measures which shall aim to ensure that areas in which good condition has been reached, and in which the sufficient quality of the habitats of the species has been reached, do not significantly deteriorate.
Added:10. Without prejudice to Directive 92/43/EEC, Member States shall, by the date of publication of their national restoration plans in accordance with Article 17(6) of this Regulation, endeavour to put in place necessary measures with the aim of preventing significant deterioration of areas where the habitat types listed in Annex II to this Regulation occur and which are in good condition or are necessary to meet the restoration targets set out in paragraph 14 of this Article.
Added:11. Outside Natura 2000 sites, the obligation set out in paragraph 9 shall not apply to deterioration caused by:
Added:(a) force majeure, including natural disasters;