Commission Implementing Decision (EU) 2018/39 of 12 December 2017 adopting the fifth update of the list of sites of Community importance for the Black Sea biogeographical region (notified under document C(2017) 8242)

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^f1, and in particular the third subparagraph of Article 4(2) thereof,

Whereas:

The Black Sea biogeographical region referred to in Article 1(c)(iii) of Directive 92/43/EEC comprises parts of the Union territory of Bulgaria and Romania, 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’).

The initial list of sites of Community importance for the Black Sea biogeographical region, within the meaning of Directive 92/43/EEC, was adopted by Commission Decision 2009/92/EC^f2. That list was last updated by Commission Implementing Decision (EU) 2016/2329^f3.

The sites included in the list of sites of Community importance for the Black Sea 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.

Between 18 February 2016 and 27 January 2017 Member States have proposed additional sites of Community importance for the Black Sea biogeographical region within the meaning of Article 1 of Directive 92/43/EEC. Member States have also submitted changes in the site-related information contained in the list of sites of Community importance for the Black Sea biogeographical region.

On the basis of the draft list drawn up by the Commission in agreement with each of the Member State 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 Black Sea biogeographical region should be adopted. Article 4(4) and Article 6 of Directive 92/43/EEC apply to the newly included sites.

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. Therefore, the evaluation and selection of sites at Union level was carried out using the best available information at the time.

With regard to the Black Sea biogeographical region, not all Member States concerned have 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.

In the interests of clarity and transparency, Implementing Decision (EU) 2016/2329 should be repealed.

The measures provided for in this Decision are in accordance with the opinion of the Habitats Committee,

HAS ADOPTED THIS DECISION: