NATURA 2000 – Protection Framework of Apano Meria

Compiled by: Io Stavridi

The Natura 2000 Framework

The Natura 2000 network is a cornerstone of the European Union’s efforts to conserve its natural heritage. Established by the EU’s Habitats Directive (92/43/EEC) and the Birds Directive (2009/147/EC), Natura 2000 represents one of the largest coordinated networks of protected areas in the world. The network’s primary objectives are to ensure the long-term survival of Europe’s most valuable and threatened species and habitats, thus maintaining biodiversity across the continent.

The Habitats Directive aims to protect a wide range of habitats and species across Europe. It focuses on maintaining or restoring habitats to a favorable conservation status. The directive includes a framework for designating Special Areas of Conservation (SACs), which are selected based on the presence of important natural habitats and species listed in Annexes I and II of the directive.The Birds Directive complements this by providing protection for all wild bird species naturally occurring in the EU and establishing Special Protection Areas (SPAs) for birds listed in Annex I of the directive. This directive ensures that significant sites for migratory birds and species with vulnerable populations are protected.

Components of Natura 2000

Special Areas of Conservation (SACs)

SACs are designated based on the presence of natural habitats and species listed in the Habitats Directive. The designation of SACs aims to protect these areas to maintain or restore their habitats and species to a favorable conservation status. Each SAC is required to have management measures in place to address the conservation needs of its habitats and species.

Special Protection Areas (SPAs)

SPAs are designated under the Birds Directive to safeguard habitats for bird species, particularly those listed in Annex I. The focus is on protecting key areas for breeding, feeding, migration, and wintering of birds. SPAs also support the conservation of migratory routes and are integral to maintaining the ecological coherence of the Natura 2000 network.

Conservation and Management Objectives

The core objective of Natura 2000 is to ensure that the designated sites contribute to the conservation of Europe’s biodiversity. Article 6 of the Habitats Directive is central to this objective and outlines specific requirements for the management and conservation of SACs and SPAs:

  • Assessment of Projects and Plans: Member States must assess any plans or projects likely to have significant effects on Natura 2000 sites. This assessment ensures that new developments do not negatively impact the conservation status of the sites.
  • Conservation Measures: Member States are required to establish appropriate conservation measures and management plans to maintain or restore the habitats and species within Natura 2000 sites.
  • Monitoring and Reporting: Regular monitoring of the conservation status of habitats and species is essential. Member States must report to the European Commission every six years on the status of European species and habitats, which helps evaluate the effectiveness of conservation measures.

The Natura 2000 Network in Greece

Legislative and Institutional Framework

The implementation of the Natura 2000 network in Greece is guided by both the EU directives and the national laws that incorporate these directives into the Greek legal framework. The main EU directives and the corresponding national legal framework for their incorporation are the following:

Directive 92/43/EEC: known as the Habitats Directive, this Directive aims to contribute to the protection of biological diversity through the conservation of natural habitats and wild species throughout the European Union. It empowers Member States to ensure that habitats and species of Community interest are maintained or restored to a satisfactory state.

  • Decree 33318/3028/11-12-1998 (Government Gazette 1289/B/28-12-98) ‘Establishing measures and procedures for the conservation of natural habitats and wild fauna and flora’. This Joint Ministerial Decision describes measures and procedures for the conservation of natural habitats and wild fauna and flora, harmonised with Directive 92/43/EEC.
  • H.P. 14849/853/E103/4-4-2008 (Government Gazette 645/B/11-4-08) ‘Amendment of Joint Ministerial Decisions No 33318/3028/1998 (B΄1289) and Joint Ministerial Decisions No 29459/1510/2005 (B΄992), in compliance with the provisions of Council Directive 2006/105 of 20 November 2006 of the European Union’.

Directive 2009/147/EC: Formerly Directive 79/409/EEC, this Directive focuses on the conservation of wild birds. It regulates the protection, conservation and management of all natural wild bird species in the EU.

  • YA 414985/29-11-85 (Government Gazette B757) ‘Measures for the management of wild birds’: This Ministerial Decision details the measures for the management of wild birds in Greece, in accordance with Directive 79/409/EEC.
  • KYA H.P. 37338/1807/E.103/1-9-10 (Government Gazette 1495/B/6-9-10) ‘Determination of measures and procedures for the conservation of wild birds and their habitats/habitats, in compliance with the provisions of Directive 79/409/EEC of the European Council of 2 April 1979 on the conservation of wild birds, as codified by Directive 2009/147/EC’: This Decision establishes procedures for the conservation of wild birds and their habitats, harmonised with the provisions of Directive 2009/147/EC.
  • Decree H.P. 8353/276/E103/17-2-2012 (Government Gazette 415/B/23-2-2012) ‘Amendment and supplementation of Joint Ministerial Decision No 37338/1807/2010 “Determination of measures and procedures for the conservation of wild birds and their habitats/habitats, in compliance with Directive 79/409/EEC….’ (B 1495), in accordance with the provisions of the first subparagraph of Article 4(1) of Article 4 of Directive 79/409/EEC of the European Council of 2 April 1979 on the conservation of wild birds, as codified by Directive 2009/147/EC

In addition to these directives, several national laws provide a broader framework for the protection and management of the environment:

  • Decree 67/81 (Government Gazette 23/A/81) “On the protection of native grass and wild fauna and on the establishment of the procedure for the regulation and control of research on them”, as corrected by Government Gazette 43/A/1981.
  •  ν. 1650/86 (Government Gazette 160/A/18-10-86) ‘For the protection of the environment’, as amended by Law No. 3937/11 (Government Gazette 60/A/31-3-2011) “Conservation of biodiversity and other provisions”,
  • ν. 2742/99 (Government Gazette 207/A/7-10-99) “Spatial planning and sustainable development and other provisions”
  • ν. 3044/02 (Government Gazette 197/A/27-8-02) “Transfer of the building factor and other issues under the jurisdiction of the Ministry of Environment, Spatial Planning and Public Works”
  • ν. 4109/2013 (Government Gazette 16/A/23-1-2013) “Abolition and merger of legal entities of the public sector and the wider public sector – Establishment of the General Secretariat for the coordination of government work and other provisions”
  • ν. 4519/2018 (Government Gazette 25/A/20-2-2018) “Management bodies of protected areas and other provisions”
  • ν. 4685/2020 (Government Gazette 92/A/7-5-2020) “Modernization of environmental legislation, incorporation into Greek legislation of Directives 2018/844 and 2019/692 of the European Parliament and of the Council and other provisions”.

The process of implementation

The timetable for completing the Natura 2000 network is reflected in the European Commission’s Biodiversity Strategy, which sets out that a significant part of the network should be implemented by 2012. 2012 is also the deadline set by the Habitats Directive for Sites of Community Importance, as six years after their designation, Sites of Community Importance (SCIs) must be designated as Special Areas of Conservation (SACs) and priorities and measures must be established for them. Similarly, the protection of Special Protection Areas (SPAs) for birdlife, for which there is no specific time commitment in the text of Directive 79/409, but the requirement to implement the network immediately.  

The inventory of sites meeting the criteria of Directive 92/43/EC in our country (296 sites – “Scientific List”) was carried out by a group of about 100 scientists specially established for this purpose in the framework of the European LIFE programme (1994-1996) entitled “Inventory, Identification, Assessment and Mapping of Habitat Types and Species of Flora and Fauna in Greece (Directive 92/43/EEC)”. Almost all of the previously protected areas at national and international level were included in the ‘Scientific Catalogue’.

The selection of the sites proposed by the country to the European Commission was made by a joint working group of the former Ministries of Environment, Nature Conservation and Natural Resources and Agriculture, following the advice of all the relevant Ministries. The additions – amendments to the list were based on the conclusions of the biogeographic seminars for the Mediterranean zone and the designation by BirdLife International of Important Bird Areas in Greece.

Greece has currently designated 202 Special Protection Areas (SPAs) and 241 Sites of Community Importance (SCIs). The two lists of sites overlap in terms of their areas.

The list of Greek Special Protection Areas was published in Government Gazette 1495/B/06.09.2010 as an annex to the new transposition of Directive 79/4009/EEC (codified by Directive 2009/147/EC).

239 Greek Sites of Community Importance were designated as Special Conservation Areas by Law 3937/2011 (Government Gazette 60/A/31-3-2011).

All Natura 2000 sites included in the database are accompanied by a data sheet with general descriptive data and more specific information on the habitat types and species that inhabit each site and a 1:100,000 scale map. Anyone can view all the sites in the network on the website: https://natura2000.eea.europa.eu/ 

All the above maps have been sent to the Environment and Land Use Planning Directorates of the country’s Regions, the Environment Departments of the Prefectural Governments, the competent Services of the Central Ministries, the library of the Ministry of Environment and Natural Resources and are distributed to all interested citizens. Due to the volume of information, the 1:100 000 maps of the areas on the list are not currently attached to the Internet, but indicative summary maps of the location of the areas on the national territory at a scale of 1:2 800 000 are provided.

Management Bodies

The management and implementation of Natura 2000 sites in Greece involve the institutions:

  • Natural Environment & Climate Change Agency (N.E.C.C.A.): N.E.C.C.A. is responsible for coordinating national policies related to protected areas and biodiversity conservation. It manages scientific research, prepares action plans, monitors conservation measures, and ensures compliance with Natura 2000 objectives.
  • Ministry of Environment and Energy: This ministry oversees national environmental policy and manages significant projects such as the LIFE-IP 4 NATURA project, which aims to improve the protection and management of Natura 2000 sites.

Challenges and Non-Compliance Issues

Court Ruling on Non-Compliance

In December 2020, the Court of Justice of the EU (CJEU) ruled against Greece for failing to fulfill its obligations under the Habitats Directive. The European Court of Justice (CJEU) ruling in 2020 against Greece underscored the nation’s longstanding challenges in complying with the EU Habitats Directive, specifically regarding the Natura 2000 network. The CJEU found that Greece had failed to adopt necessary conservation measures within the designated timeframe (by 2012) for 239 Sites of Community Importance (SCIs). These sites had been recognized as crucial for biodiversity protection under Commission Decision 2006/613/EC. However, Greece did not set appropriate conservation objectives or implement measures to maintain or restore these habitats and species, which was a breach of the Habitats Directive (92/43/EEC).

The court ruling emphasized that Greece’s systemic failure affected the entire Natura 2000 network, jeopardizing vital ecosystems and species. Despite being part of the Natura 2000 framework for nearly 20 years, Greece had left many protected areas without adequate safeguards. The judgment pointed out that conservation actions were either insufficient or entirely absent, putting the ecological coherence of the Natura 2000 network at risk.

Notably, this was not the first time Greece had been penalized for non-compliance with EU environmental laws. Past judgments include cases involving specific areas such as Zakynthos, Kyparissia Bay, and Koroneia Lake, as well as species like the Milos viper. These recurring failures to implement necessary environmental protection measures highlight systemic administrative inefficiencies and political prioritization of other sectors, particularly in the aftermath of Greece’s financial crisis.

In response to Greece’s inaction, the European Commission issued a “Letter of Formal Notice” in 2016 and followed up with a “Reasoned Opinion” in 2018. When Greece still did not meet its obligations, the case was referred to the CJEU, which ruled against Greece in 2020. The ruling condemned Greece for its ongoing failure to protect its SCIs, as required under EU law, and called for appropriate sanctions.

This case serves as a broader example of the European Commission’s efforts to ensure compliance with EU environmental policies, particularly as infringement cases related to the environment continue to be a significant issue across many member states.

Implementation Challenges 

Greece faces several challenges in implementing Natura 2000:

  • Inconsistent Legislation: National laws often do not fully align with EU directives, leading to gaps in conservation and management.
  • Limited Public Participation: Public involvement in decision-making processes is insufficient, which affects support for and the effectiveness of conservation measures.
  • Access to Information: Limited access to environmental data and geological studies impedes transparency and informed decision-making.

Special Environmental Study

At the end of 2022, the Special Environmental Study (SES) concerning part of the Natura areas of the Cyclades was put out for public consultation. As KOINSEP Apano Meria, we found the EPM scientifically sound with room for improvement in the context of the consultation. COINSEP Apano Meria took a position in the public consultation following a decision of its General Assembly.

In our opinion, the approach that a modern and serious island society must take to the issue, must take into account the carrying capacity of the area as a design starting point and aim for conservation and intergenerational equality.

Our proposals give particular importance to the uses of the area that concern the use by the public, such as free access to paths, and they move along the axes of sustainability, conservation and highlighting the unique characteristics of the protected areas of Syros.

The aim of the conservation plan, in our view, should be to ensure the protection of the landscape, ecosystems, biodiversity, historic man-made environment and traditional, gentle uses of the area.

Our participation to the consultation process of the SES

The protection status of Apano Meria

Natura 2000

The Apano Meria of Syros is a special Natura 2000 site due to its unique combination of biodiversity, rare geological features and cultural heritage. The protected area includes the mainland area of Ano Meria and many surrounding islands: Varvarousa Island, Didimi Island, Shinonissi Island, Strongylo Island (Pharos or Gaidouronissi), Kommeno Island, Strongylo Island (Komito), Asproonissi Island. Ano Meria is also famous for its rare geological features, such as eclogites and glaucophane cyanosilicates. The area also has important archaeological sites, including the well-preserved fortified city at Kastri of the 3rd millennium BC and the necropolis of Halandriani, which contains vaulted tombs with rich burial objects. These historical and geological features add to the value of the area, requiring careful management and protection.

The pan-European network of NATURA 2000 protected areas consists of two categories of sites, the Special Areas of Conservation (SACs), formerly called Sites of Community Importance, which are defined on the basis of the habitat types and plant and animal species listed in Directive 92/43/EEC (known as the Habitats Directive), and the Special Protection Areas (SPAs) for birdlife, which are defined on the basis of the bird species listed in Directive 79/409/EC (known as the Birds Directive).

In many cases, there is overlap between the two types of protected areas in a geographical unit, as an ecologically important area may meet the criteria for inclusion in both types of protected area. This is similar in Syros: the EEZ for Syros is smaller in area than the Syros SPA and its geographical boundaries are included within the SPA.

There are two protected areas on Syros:

  1. The Special Conservation Area (SPA) code GR4220018 (Mount Syringa to the beach), under the Habitats Directive, with Silene holzmannii as the most important protected species. The European Red List of the International Union for Conservation of Nature (IUCN) classifies the species as “Endangered” (EN) and it is a species specialised in living on islands in the Central, South and East Aegean.
  2. The Special Protection Area (SPA) code GR4220032 (North Syros and Islands) , under the Birds Directive, with 28 protected bird species.

The quality and importance of the areas included in the protection regime are shown by the following data, as read on the official website of the Natura 2000 network:

  • Mount Syringa is naturally protected due to the steep cliffs and cliffs and the lack of roads that make the area difficult to access.
  • There are many unexplored caves.
  • The area as a whole (and especially Mount Syringa) is very important for bird and mammal fauna, due to its geomorphology and the presence of many refuges. Mammal populations are in excellent condition. As regards birds, the area still hosts important populations of birds of prey such as the Bonelli’s eagle, the eagle heron and the peregrine falcon, while moderate numbers of sea crows nest on the rocky coast.  
  • Its flora is rich in common and endemic species. The latter are of great interest, as many of them are rare endemic species of the Aegean. Its fauna is also rich in local endemic invertebrates.
  • The dunes are very important for the conservation of the flora.
  • The area can be considered as a typical frigate ecosystem.

On the road to establish a management plan for the protected areas, the Special Environmental Assessment (SEA) that was submitted for public consultation concerns part of the Natura sites of the Cyclades. Apano Meria SCE considers that the SEA is scientifically sound and can be improved in the context of the consultation. Apano Meria SCE takes a position on the public consultation following a decision of its General Assembly.

In the SCE’s opinion, the approach that a modern and serious island society should have to the issue should take into account the carrying capacity of the region as a planning starting point and set the goal of conservation and intergenerational equity.

Apano Meria SCE’s proposals place particular emphasis on the uses of the area for public use, such as free access to paths, and are based on the axes of sustainability, conservation and the promotion of the unique characteristics of the protected areas of Syros.

The aim of the conservation plan, in Apano Meria SCE’s view, should be to ensure the protection of the landscape, ecosystems, biodiversity, the historic man-made environment and the traditional, soft uses of the area.

Wildlife Sanctuary

In 1997, a permanent Wildlife Sanctuary was established in Syros (Government Gazette 524/B/25.6.1997), 1900 acres of agricultural, grassland and partially forested area, which meets the requirements for meeting the needs of the fauna, in terms of quiet, food and water, at the location of Ano Meria in the Municipality of Syros-Ermoupolis. This designation reflects the critical role of the area in the protection of species and habitats of significant ecological value. The KAZ ensures that the natural environment is protected from activities that could adversely affect its ecological balance.

The boundaries of the reserve: It starts SOUTH from the St. Luca – Lia Lagoon, follows the Dipotamos Stream and continues EAST to the Black Ridge. At the foot of Skopelos Hill, it meets the asphalt road leading to Kampos and then follows the Xylofas path to the old Marble quarry and NORTH to Mesa Pyrgos. Finally, it descends to the pit of the Old Cave and to Americanos. Hunting is absolutely forbidden in this area.

Residential Control Zones

The Zones of Settlement Control (ZOC), of L. 1337/83, article 29 paragraph 2 (Government Gazette 33/A/83), are protection zones, established by virtue of Law 1650/1986 (A 160) “For the protection of the environment” and aim at “direct protection and control of building and land use in the extra-planned area and outside the boundaries of settlements, in order to counteract environmental degradation and anarchic development by creating real situations that undermine rational planning”. They were used as an implementation mechanism for the institutionalisation of the proposals of the Special Spatial Studies (SPS), and were approved by Presidential Decree.

The RSP is a process for the rational planning of a sensitive and/or problematic area with the aim of development while protecting the natural-human environment and natural resources in the context of sustainability and sustainable development.

In the study area, all the data of the natural and man-made environment are examined and proposals are made concerning the regulation of building conditions and land use, the location of productive activities, functions and technical infrastructure projects, defining and delimiting environmental protection zones.

These studies are held in the archives of the Directorate of Town and Country Planning, as well as in the Library of the Ministry and the Library of the Technical Chamber of Greece.

In Apano Meria the following areas have been designated as ZOEs (Government Gazette 339/D/89):

ZOE in yellow on the map and Archaeological sites in green

2c. The boundary of this area starts from the sea in the north and extends from Cape Trachilos to the top of the hill of Delphini and from there parallel to the coast at a distance of 500 m down to the south until it reaches the northern boundary of the settlement of Kini and from there westwards, following the boundary to the sea.

2d. The boundary of this area begins opposite the islet of Varvarousa, rises to the top of the hill of Delphini and from there extends northwards parallel to the coast, 500 m from it to the northern torrent that ends in the bay of Aetos.

2e. The boundary of this area begins at the creek south of the bay of Lia perpendicular to the coast, ascends the mountain and thence extends northwards parallel to the coast for a distance of 500 m from it, reaches the three lagoons of the Bay of Letters and ends in the sea at the middle one of them.

3a. The boundary of this area extends from the sea and northeast from the second (middle) lagoon of the Bay of Letters, rises northeast and turns west parallel to the coast at a distance of 250 m from it and ends in the sea perpendicular to the coast at the cliff of Letters.

Council of State Opinions

“Small islands are among the sensitive ecosystems that require special protection, in accordance with the constitutional requirement of Article 24 of the Constitution on the protection of the natural environment. An essential part of this protection is the special spatial plans which must ensure the survival of the natural capital and ecosystems of the island and provide only for those forms of development which are compatible with the aforementioned purpose, so that the constitutional imperative of their protection and the policy of sustainable development can be implemented (State Council of the Republic of Cyprus, 16/96).

Among the fundamental legal rules for the protection of small islands that govern the specific spatial plans of these islands are:

  • the delimitation and strict protection of their natural and cultural capital, which must be preserved
  • the demarcation and safeguarding of agricultural land with a subdivision limit of not less than 15 hectares
  • their low-density residential development
  • their moderate tourist development, which is specified by providing for the number of tourist beds appropriate to the size and other conditions of each island, by providing for ecotourism or agrotourism in appropriate areas and by prohibiting the establishment of large hotel units which are incompatible with the scale of the island landscape.

Ano Meria Syros (currently a designated Natura 2000 site) is an unbroken habitat, which belongs entirely to the natural capital of the island of Syros and should be given special protection status. No exception to this status is permitted in place or at any time, as this would be the beginning of a certain degradation and destruction of the habitat.“

(CoE judgment on the opening of the Kini-Delfini road, No 2425/2000. The decision was published on 17/7/2000)

References:

https://eur-lex.europa.eu/eli/dir/1992/43/oj (Habitats Directive)

https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32009L0147 (Birds Directive)
https://edozoume.gr/

https://natura2000.eea.europa.eu/?sitecode=GR4220018

https://natura2000.eea.europa.eu/?sitecode=GR4220032&views=Sites_View

https://ypen.gov.gr/perivallon/viopoikilotita/diktyo-natura-2000

https://ypen.gov.gr/perivallon/viopoikilotita/nomothesia

European Commission Press, Biodiversity: Commission decides to refer Greece to the Court over its failure to protect natural habitats and species adequately, in Press Release, July 2019. Available online: https://ec.europa.eu/commission/presscorner/detail/en/IP_19_4257

WWF, NGOs urge European Commission to intervene as Greece flouts EU law for the benefit of oil and gas activities, December 2023. Available online: https://www.wwf.gr/en/?12508641/NGOs-urge-European-Commission-to-intervene-as-Greece-flouts-EU-law-for-benefit-of-oil-and-gas-activities 

WWF, WWF Greece requests the European Commission to intervene to save Natura 2000 sites, December 2022. Available online: https://www.wwf.gr/en/news/?uNewsID=8484916