{
  "url": "https://openlegislation.uk/eu-decision-2010-44/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2010-44/introduction.json",
  "legislation": "eudn/2010/44",
  "legislation_title": "Commission Decision of 22 December 2009 adopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Continental biogeographical region (notified under document C(2009) 10422) (2010/44/EU)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2010-44",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Commission Decision\nof 22 December 2009\nadopting, pursuant to Council Directive 92/43/EEC, a third updated list of sites of Community importance for the Continental biogeographical region\n(notified under document C(2009) 10422)\n(2010/44/EU)\nTHE EUROPEAN COMMISSION,\nHaving regard to the Treaty on the Functioning of the European Union,\nHaving regard to Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora, and in particular the third subparagraph of Article 4(2) thereof,\nWhereas:\n(1)\nThe Continental biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises the territory of Luxembourg and parts of the territory of Austria, Belgium, Bulgaria, the Czech Republic, Denmark, France, Germany, Italy, Poland, Romania, Slovenia and Sweden, as specified in the biogeographical map approved on 25 April 2005 by the Committee set up by Article 20 of that Directive, hereinafter the ‘Habitats Committee’.\n(2)\nIt is necessary in the context of a process which was initiated in 1995 to make further progress in the actual establishment of the Natura 2000 network, which is an essential element of the protection of biodiversity in the Community.\n(3)\nThe initial list and the first two updated lists of sites of Community importance for the Continental biogeographical region, within the meaning of Directive 92/43/EEC, were adopted by Commission Decisions 2004/798/EC, 2008/25/EC and 2009/93/EC. On the basis of Articles 4(4) and 6(1) of Directive 92/43/EEC, the Member State concerned shall designate the sites included in the list of sites of Community importance for the Continental biogeographical region as special areas of conservation as soon as possible and within six years at most, establishing conservation priorities and the necessary conservation measures.\n(4)\nIn the context of a dynamic adaptation of the Natura 2000 network, the lists of sites of Community importance are reviewed. A third update of the Continental list is therefore necessary.\n(5)\nOn the one hand, the third update of the list of sites of Community importance for the Continental biogeographical region is necessary in order to include additional sites that have been proposed since 2007 by the Member States as sites of Community importance for the Continental biogeographical region within the meaning of Article 1 of Directive 92/43/EEC. The obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC are applicable as soon as possible and within six years at most from the adoption of the third updated list of sites of Community importance for the Continental biogeographical region.\n(6)\nOn the other hand, the third update of the list of sites of Community importance for the Continental biogeographical region is necessary in order to reflect any changes in site related information submitted by the Member States following the adoption of the initial and the first two updated Community lists. In that sense, the third updated list of sites of Community importance for the Continental biogeographical region constitutes a consolidated version of the list of sites of Community importance for the Continental biogeographical region. However, it should be stressed that the obligations resulting from Articles 4(4) and 6(1) of Directive 92/43/EEC are applicable as soon as possible and within six years at most from the adoption of the initial or the first two updated lists of sites of Community importance for the Continental biogeographical region, depending on which list a site of Community importance was included as such for the first time.\n(7)\nFor the Continental biogeographical region, lists of sites proposed as sites of Community importance within the meaning of Article 1 of Directive 92/43/EEC have been transmitted to the Commission between November 2003 and December 2008 by the Member States concerned in accordance with Article 4(1) of that Directive.\n(8)\nThe lists of proposed sites were accompanied by information on each site, supplied in the format established by Commission Decision 97/266/EC of 18 December 1996 concerning a site information format for proposed Natura 2000 sites.\n(9)\nThat information includes the most recent and definitive map of the site transmitted by the Member States concerned, name, location and extent of the site, and the data yielded by application of the criteria specified in Annex III to Directive 92/43/EEC.\n(10)\nOn 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, a third updated list of sites selected as sites of Community importance for the Continental biogeographical region should be adopted.\n(11)\nKnowledge of the existence and distribution of the natural habitat types and species is constantly evolving, as a result of the surveillance in accordance with Article 11 of Directive 92/43/EEC. Therefore, the evaluation and selection of sites at Community level was done using the best available information at present.\n(12)\nCertain Member States have not proposed sufficient sites to meet the requirements of Directive 92/43/EEC for certain habitat types and species. For those habitat types and species it can therefore not be concluded that the Natura 2000 network is complete. Taking into account the delay in receiving the information and reaching agreement with the Member States, it is necessary to adopt a third updated list of sites, which will need to be revised in accordance with Article 4 of Directive 92/43/EEC.\n(13)\nGiven that knowledge on the existence and distribution of some of the natural habitat types of Annex I and species of Annex II to Directive 92/43/EEC remains incomplete, it should not be concluded that the Natura 2000 network is either complete or incomplete. The list should be revised, if necessary, in accordance with Article 4 of Directive 92/43/EEC.\n(14)\nIn the interests of clarity and transparency Decision 2009/93/EC should be replaced.\n(15)\nThe measures provided for in this Decision are in accordance with the opinion of the Habitats Committee,\nHAS ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "OJ L 206, 22.7.1992, p.7."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "OJ L 382, 28.12.2004, p. 1."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 12, 15.1.2008, p. 383."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 43, 13.2.2009, p. 63."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 107, 24.4.1997, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2010/44/introduction",
    "retrieved_at": "2026-11-01T15:16:14.355109+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}