Cucujus cinnaberinus (Scopoli, 1763) at its terra typica in Slovenia: historical overview, distribution patterns and habitat selection
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The saproxylic beetle, Cucujus cinnaberinus, has received increasing research attention in Europe since the adoption of the Habitats Directive and establishment of the Natura 2000 network. The history of the species has been investigated as well as the influence of abiotic and biotic variables on the distribution of C. cinnaberinus in Slovenia which is at the limit of its range and also terra typica for the species. The species was first described in 1763 by Joannes A. Scopoli in Carniola, a duchy of the Habsburg Monarchy. Today, most of the territory of Carniola is situated within Slovenia. C. cinnaberinus is particularly common in the eastern part of the country, but very scarce in the mountainous western part. According to historical and recent distribution patterns of C. cinnaberinus in the former Carniolan territory, the region of Ribnica-Kočevje in southern Slovenia is proposed as the most probable type locality of the species. Although the bulk of the C. cinnaberinus population in Slovenia is confined to the lowlands, the species has been found up to 1095 m a.s.l., albeit at a much lower abundance due to the influence of climate and forest structure. Although C. cinnaberinus is a quite an opportunistic species regarding host tree selection, it has been shown to exhibit a preference for Tilia, Populus and Robinia. It is suspected that the high abundance of C. cinnaberinus in lowland floodplain forests is due to the recent human-induced increase in preferred fast-growing and short-lived host trees, i.e. the planting of poplar trees and spread of invasive Black Locust (Robinia pseudoacacia) after the 1960s. In contrast, in montane forests, preferred host trees (e.g. Tilia) represent < 1 % of all growing stock. Although montane C. cinnaberinus populations are rare, they could still be important for the conservation of the species, since montane habitats cover the largest area within the species' distribution range.Keywords:
Habitats Directive
Tilia
Natura 2000
European Ecological Network Natura 2000 is a system of protection of threatened components of biodiversity in the EU. The legal basis for the creation of the Natura 2000 network is Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (Birds Directive) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora (Habitats Directive). Natura 2000 sites are the youngest form of nature conservation in Poland. The author presents developing and geographical location of the Natura 2000 network in the Lublin Region. Against the background of Poland, the Lublin Region has the most – 123 – designated Natura 2000 sites: 100 habitat sites and 23 birds sites. These areas are extremely diverse in terms of location, area and character. Location of Natura 2000 in the Lublin Region is uneven. Their position refers in large part to a pre-existing network of the protected areas. Only 5 habitat sites and 23 bird sites designated in areas not covered so far areal forms of nature conservation. None of Lublin Natura 2000 areas has, as required by law, protection plans, for the eight habitat sites there are created conservation work plans. Also missing is good, kept up to map, the entire Natura 2000 network in Poland and the Lublin Region. The process of creating the Natura 2000 network in Poland is still ongoing. To meet the Natura 2000, its role of protection of species and habitat conservation plans are needed and their consistent implementation, taking into account the investment process and building public support for the existence and functioning of the newest forms of nature conservation in our country.
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The article discusses the issue of conservation objectives of the Natura 2000 area. The basis for their analysis is the Habitats Directive and the Polish Act on Nature Conservation together with plans of conservation tasks. It is a key legal instrument for the proper management of the Natura 2000 area and the European network of Natura 2000 sites. Its importance is recognized in the legal interpretations made by the Court of Justice and non-binding documents of the European Commission. However, the question should be asked whether such an important, and indeed fundamental for Natura 2000, institution should not be clearer and more precisely regulated by the European legislator. Lack of unambiguous norms of the directive may cause discrepancies in defining the objectives of Natura 2000 protection both at the level of various EU Member States and at the national level – in relation to individual Natura 2000 areas in a given country.
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European Ecological Network Natura 2000 is a system of protection of threatened components of biodiversity in the EU. The legal basis for the creation of the Natura 2000 network is Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds (Birds Directive) and Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and wild fauna and flora (Habitats Directive). Natura 2000 sites are the youngest form of nature conservation in Poland. The author presents developing and geographical location of the Natura 2000 network in the Lublin Region. Against the background of Poland, the Lublin Region has the most – 123 – designated Natura 2000 sites: 100 habitat sites and 23 birds sites. These areas are extremely diverse in terms of location, area and character. Location of Natura 2000 in the Lublin Region is uneven. Their position refers in large part to a pre-existing network of the protected areas. Only 5 habitat sites and 23 bird sites designated in areas not covered so far areal forms of nature conservation. None of Lublin Natura 2000 areas has, as required by law, protection plans, for the eight habitat sites there are created conservation work plans. Also missing is good, kept up to map, the entire Natura 2000 network in Poland and the Lublin Region. The process of creating the Natura 2000 network in Poland is still ongoing. To meet the Natura 2000, its role of protection of species and habitat conservation plans are needed and their consistent implementation, taking into account the investment process and building public support for the existence and functioning of the newest forms of nature conservation in our country.
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The European Union and its Member States have been creating a network of protected areas for habitats and species since 1979. In 2017, this included over 27,500 Natura 2000 sites, a combined area of over 18 percent of the land surface in the EU and around 395,000 km2 of marine territory. According to Article 6(3) of the Habitats Directive 92/43/EEC1 (HD), any projects and plans within these sites or in their vicinity require an appropriate assessment to ensure that they will not have a significant impact on the integrity of Natura 2000 site. The project or plan is to be rejected by the national authorities if this cannot be excluded without remaining reasonable scientific doubts. This article explores the procedural steps and the requirements that must be examined, which are now covered by comprehensive European Court of Justice (ECJ)2 case law. Numerous questions that are relevant in practice, however, have only been considered by national courts to date. These will be introduced in this article based on the decisions of the German Federal Administrative Court (BVerwG)3 and will be the focus of a critical discussion. Questions on the range covered by the term project and on determining significant impacts will be entered into in greater detail in two further articles, given the scope of the aspects to be examined and explored.
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The Wild Birds and Habitats Directives are the cornerstones of EU nature conservation law, aiming to achieve the conservation of the Natura 2000 network, a network of protected sites under these directives, and the protection of species. The protection regime for these sites and species is not absolute: Member States may, under certain conditions, allow plans or projects that can have an adverse impact on nature. In this case compensatory measures can play an important role in safeguarding the Natura 2000 network and ensuring the survival of the protected species. In this contribution we will discuss the obligations of the Member States under the Wild Birds and Habitats Directives to compensate for biodiversity loss within the framework of Article 6(4) of the Habitats Directive. This provision requires the Member States to take compensatory measures to ensure the coherence of Natura 2000 in cases where plans or projects causing negative impacts on a Natura 2000 site have been allowed because of overriding public interests. For a long time, there was no European case law regarding the characteristics of compensatory measures, but in 2012 the Acheloos River case in Greece came before the Court of Justice on a reference for a preliminary ruling, and in 2014 the issue arose again in the Briels case, a preliminary reference from the Netherlands. Therefore we will focus on these two cases (in particular on the Briels case), which regard on the one hand to the relationship between compensation, mitigation, and conservation (usual nature conservation measures, nature development measures), and the assessment of alternative solutions, and on the other hand to the naturalness of compensation.
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The work discusses the operation of the “Natura 2000” European Ecological Network in aspects related to sustainable development, i.e. taking into account economic undertakings and planned business projects which conform to the idea of sound management of natural resources. The legal basis for the Natura 2000 network is the Habitats Directive 92/43/EEC and the Birds Directive 79/409/EEC, which have been transposed into the Polish law, especially in the Act of 16 April 2004 on the protection of nature. Both environmental conservation directives seek to establish an ecological network of protected areas (so-called Natura 2000 sites) across Europe. In Poland, Natura 2000 comprises Special Protection Areas for birds (SPAs, or bird sites), Special Areas of Conservation (SACs, or habitat sites) and Sites of Community Importance (SCIs) (based on the Act on the protection of nature). Studies have demonstrated that Poland currently has a total of 141 SPAs with an area of 55,228 km2, which makes up 15.6% of Poland’s land area, and 364 SACs occupying 2.89 million ha, which represents 8.95% of the total area of Poland. The Natura 2000 European Ecological Network Programme supports the principle of sustainable development in the context of guidelines set out in Art. 6 (3) and (4) of the Habitats Directive (92/42/EEC) under which any plan or project which is likely to have a significant impact on a Natura 2000 site should be subject to appropriate assessment to determine how it affects the site. Environmental impact assessment is a preventative nature conservation tool which, based on thorough consideration of different implementation options of specific projects combined with public opinion research, helps eliminate solutions that fail to comply with the overriding principle of sustainable development.
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Natura 2000 is a network of nature protection areas established by the European Union under the Habitats Directive (European Union 1992). The aim is to assure long-term survival of the most valuable and endangered species and habitats in Europe. The network comprises special areas of conservation and protection designated by the member states under, respectively, the Habitats Directive and the Birds Directive. The establishment of the network of protected areas also fulfils a community obligation under the Convention of Biological Diversity of the United Nations.
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The essay aims mostly at analyzing the regulation of the Natura 2000 network (the “Habitats
directive”), in the wider context of the other tools established to protect the Biodiversity. This is the
purpose of the Natura 2000 ecological network established by the “Habitats directive”, which was
adopted in 1992 (the network, which also embraces areas established under the ‘Birds’ directive).
In particular, the article 6 of the Directive 92/43/EEC plays a crucial role in the management of the
sites that make up the Natura 2000 network. With the spirit of integration in mind, it indicates the
various tasks involved so that the nature conservation interests of the sites can be safeguarded.
The essay analyzes the trasposition of this Directive in Italy with attention to the environmental
appropriate assessment, setting out the circumstances within which plans and projects with negative
effects may or may not be allowed. It analyzes also the application of the precautionary principle to
the administrative procedure provided to express the environmental appropriate assessment.
Thus, the Habitats Directive also governs the compensatory measures. These measures constitute
measures specific to a project or plan, additional to the normal practices of implementation of the
‘Nature’ directives. They aim to offset the negative impact of a project and to provide compensation
corresponding precisely to the negative effects on the species or habitat concerned. The
compensatory measures constitute the ‘last resort’. They are used only when the other safeguards
provided for by the directive are ineffectual and the decision has been taken to consider,
nevertheless, a project/plan having a negative effect on the Natura 2000 site.
The main purpose of the essay is to understand the extension of the Natura 2000 network and if it is
possible to use contractual arrangements in order to limit the current “size” of the environmental
appropriate assessment.
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