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European Q&A

 

What are the pressures upon biodiversity in Europe?

 

Biodiversity is declining rapidly. The irreversible loss in diversity of life on Earth has been more rapid in the past 50 years than ever before in human history. These losses are caused by human actions such as pollution, land use change, over-exploitation, climate change and invasive non-native species. These factors – known as drivers – tend to interact and amplify each other.

 

Exposure to one threat often makes a species more likely to be at risk from another as its overall resilience has been weakened.  On land the main drivers of biodiversity loss are land cover and habitat change due to urbanisation and new infrastructure, conversion of forest to agriculture (or vice versa), farming intensification, habitat break-up and non-native invasive species. Over-exploitation of natural resources to generate energy, material goods and food also play a part as does pollution, particularly by overuse of fertilisers. At sea, overfishing is the main driver.

 

Europa - Protection of nature and biodiversity provides more information on EU policy initiatives and legislation

 

 

 

What legislation and policies are in place for European biodiversity conservation? 

 

EU biodiversity and nature conservation policy consists of legally-binding directives and non-legislative policy instruments.

 

Biodiversity policy at the European level was given formal recognition at the European Council in Gothenburg in 2001 where Member States committed “to halt the decline of biodiversity in the EU by 2010”.   An international commitment on a biodiversity target for 2010 was confirmed at the Conference of Parties to the UN Convention of Biological Diversity (CBD) in 2002. The 2002 commitment was slightly softer, calling for: “The achievement by 2010 of a significant reduction in the current rate of loss of biological diversity.”

 

The EU Biodiversity Communication from 2006 describes how the EU 2010 Biodiversity Target should be met and an Action Plan proposes more than 150 measures. From the 2008 mid-term assessment it became clear that the EU will fail to meet its 2010 target.  On a European level as well as under the CBD a new post-2010 target has to set.

 

The European Community Biodiversity Clearing House Mechanism website gives an overview of the EU’s biodiversity policy as well as all relevant links to documents and EU websites. 

 

The main pieces of legislation to conserve nature and biodiversity on an EU-wide scale are the:

 

Birds and Habitats Directives

The two Directives call on Member States to designate sites as Special Protection Areas and Special Areas of Conservation to create a coherent ecological network within the EU, which is known as the Natura 2000 network.

 

Marine Strategy Framework Directive (MSFD)

The MSFD requires Member States to have their waters at Good Environmental Status (GES) by 2020.  Member States are required to agree on what constitutes GES at a regional level and to create Marine Protected Areas.

 

Water Framework Directive  2000/60/EC

The Water Framework Directive (WFD) focuses on protecting the quantity and quality of Community waters and promoting sustainable water use. It also sets out to protect and enhance aquatic ecosystems, wetlands and linked ecosystems on land.

 

 

How does European biodiversity legislation become UK law?

 

There are two main types of EU legislation, regulations and directives. EU biodiversity legislation is based on directives. A directive is a legislative act of the EU which requires Member States to achieve a particular result without setting out how it should be done. Regulations are self-executing and do not require any implementing measures.

 

Directives give Member States a timetable for action towards the intended outcome. In general, Member States are required to make changes to their laws - called transposition - so that a Directive can be implemented correctly. Community law has priority over national law.

 

In the UK, the provisions of the Habitats Directive and the Birds Directive are implemented through the Wildlife & Countryside Act 1981 (as amended), the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended), the Wildlife (Northern Ireland) Order 1985, the Nature Conservation and Amenity Lands (Northern Ireland) Order 1985 and the Conservation (Natural Habitats, &C.) (Northern Ireland) Regulations 1995 (as amended).

 

The Water Framework Directive has been transposed into UK law through the Water Environment (Water Framework Directive) (England and Wales) Regulations 2003 (Statutory Instrument 2003 No. 3242) for England and Wales, the Water Environment and Water Services (Scotland) Act 2003 (WEWS Act) and the Water Environment (Water Framework Directive) Regulations (Northern Ireland) 2003 (Statutory Rule 2003 No. 544) for Northern Ireland. 

 

The MSFD’s requirements must be transposed into UK law by 15 July 2010.

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