THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
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 Atlantic biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises the Union territories of Ireland, the Netherlands and the United Kingdom, and parts of the Union territories of Belgium, Denmark, Germany, Spain, France and Portugal as specified in the biogeographical map approved on 20 April 2005 by the committee set up by Article 20 of that Directive (the ‘Habitats Committee’).
(2) The initial list of sites of Community importance for the Atlantic biogeographical region, within the meaning of Directive 92/43/EEC, was adopted by Commission Decision 2004/813/EC(2).
(3) The sites included in the list of sites of Community importance for the Atlantic biogeographical region form part of the Natura 2000 network which is an essential element of the protection of biodiversity in the Union. In order to make further progress in the actual establishment of the Natura 2000 network and in the context of a dynamic adaptation of that network, the lists of sites of Community importance are reviewed regularly.
(4) The twelfth update of the list of sites of Community importance for the Atlantic biogeographical region was adopted by Commission Implementing Decision (EU) 2019/19(3). That Implementing Decision was repealed by the Commission Implementing Decision adopting the thirteenth update of the list of sites of Community importance for the Atlantic biogeographical region, adopted after a vote in the Habitats Committee on 14 November 2019 and notified to the Member States under document C(2019) 8591 on 29 November 2019.
(5) Following the adoption of the Implementing Decision notified to the Member States under document C(2019) 8591 on 29 November 2019, it transpired that the list adopted by that Implementing Decision differed from the list that had been submitted to the Habitats Committee for opinion as the latter contained clerical errors in terms of the area of seven sites located in Spain and one in Ireland. Therefore, it is necessary to repeal that Implementing Decision and to adopt the thirteenth update of the list of sites of Community importance for the Atlantic biogeographical region anew after consulting the Habitats Committee, with effect from the date of notification of the Implementing Decision being repealed.
(6) Knowledge of the existence and distribution of the natural habitat types and species is constantly evolving as a result of the surveillance undertaken in accordance with Article 11 of Directive 92/43/EEC.
(7) The thirteenth update of the list of sites of Community importance for the Atlantic biogeographical region is based on data submitted by Member States between 1 June 2018 and 13 March 2019, concerning proposals for additional sites of Community importance for the Atlantic biogeographical region. Member States have also submitted changes in the site-related information contained in the list of sites of Community importance for the Atlantic biogeographical region.
(8) 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, an updated list of sites selected as sites of Community importance for the Atlantic biogeographical region should be adopted. Article 4(4) and Article 6 of Directive 92/43/EEC apply to all the sites listed.
(9) Certain Member States have not proposed sufficient sites to meet the requirements of Directive 92/43/EEC for certain habitat types and species. Furthermore, knowledge of the existence and distribution of some of the natural habitat types listed in Annex I and some of the species listed in Annex II to Directive 92/43/EEC remains incomplete. For those habitat types and species it can therefore not be concluded that the Natura 2000 network is complete.
(10) In the interests of clarity and transparency, Implementing Decision (EU) 2019/19 should be repealed with effect from the date of notification of the Implementing Decision notified to the Member States under document C(2019) 8591.
(11) The measures provided for in this Decision are in accordance with the opinion of the Habitats Committee,
HAS ADOPTED THIS DECISION:
Commission Decision 2004/813/EC of 7 December 2004 adopting, pursuant to Council Directive 92/43/EEC, the list of sites of Community importance for the Atlantic biogeographical region (OJ L 387, 29.12.2004, p. 1).
Commission Implementing Decision (EU) 2019/19 of 14 December 2018 adopting the twelfth update of the list of sites of Community importance for the Atlantic biogeographical region (OJ L 7, 9.1.2019, p. 287).