37-731: The Habitats Directive (more formally known as Council Directive 92/43/EEC on the Conservation of natural habitats and of wild fauna and flora ) is a directive adopted by the European Community in 1992 as a response to the Berne Convention . The European Community was reformed as the European Union the following year, but the directive is still recognised. The Habitats Directive required national governments to specify areas that are expected to be ensuring
74-520: A directive in theory but has failed to abide by its provisions in practice. If a Member State fails to implement a Directive timely or correctly, the Directive itself becomes binding on the Member States, meaning that parties in proceedings against the state may rely on provisions of the untimely or incorrectly transposed Directive. An example of a case in which the applicant was able to invoke
111-607: A directive rather than a regulation: (i) it complies with the EU's desire for "subsidiarity" ; (ii) it acknowledges that different member States have different legal systems, legal traditions and legal processes; and (iii) each Member State has leeway to choose its own statutory wording, rather than accepting the Brussels' official " Eurospeak " terminology. For example, while EU Directive 2009/20/EC (which simply requires all vessels visiting EU ports to have P&I cover) could have been
148-593: A draft directive (if subject to the co-decision process, as contentious matters usually are) is prepared by the Commission after consultation with its own and national experts. The draft is presented to the Parliament and the Council —composed of relevant ministers of member governments, initially for evaluation and comment and then subsequently for approval or rejection. There are justifications for using
185-515: A number of priority species: There is a separate list for plants from Macaronesia . Androcymbium psammophilum This annex explains the criteria which are used to select sites which are eligible to be recognised as important for Europe, or as Special Areas of Conservation . The process consists of two stages. The first stage is to assess the importance at a national level, based on the habitats and species listed in Annex I and II. The second stage
222-398: A reduction in spore count, and decreased germination. B. viridis exists in sub-alpine to alpine forests with extensive decaying wood. Buxbaumia viridis is widely distributed across the northern hemisphere, although populations are scattered and individual plants are scarce. B. viridis is found in most of Europe, southwestern Asia, and Western North America. Buxbaumia viridis
259-861: A regulation (without requiring member states to implement the directive), the desire for subsidiarity was paramount, so a directive was the chosen vehicle. The legal basis for the enactment of directives is Article 288 of the Treaty on the Functioning of the European Union (formerly Article 249 TEC ). Article 288 To exercise the Union's competences, the institutions shall adopt regulations, directives, decisions, recommendations and opinions. A regulation shall have general application. It shall be binding in its entirety and directly applicable in all Member States. A directive shall be binding, as to
296-489: A report from each member country on the state of nature every six years. The first preliminary reports were due in 2001 (but only published in 2004), the first actual assessments were due in 2007 (published 2009), the second in 2013 (published 2015), and the third set of assessment reports were due in 2019 (published 2020). The assessments of conservation status differ markedly from those of the IUCN Red List . The aim in
333-438: Is a poor competitor, likely because it exists mostly as protonema. It is known to co-occur with some other species of mosses and liverworts such as Herzogiella seligeri , Rhizomnium punctatum , Dicranum scoparium , Tetraphis pellucida , and Chiloscyphus profundus . Due to the moss being dioicous , having low fertilization rates, and not being desiccation tolerant, this leads to low establishment rates. Fertilization of
370-751: Is classified as vulnerable in Europe by the European Committee for the Conservation of Bryophytes and it is on the European Red-List for bryophytes. It is protected by law in Europe and most European countries are required to monitor it. Its poor establishment rates, poor competitive ability, scattered populations, and its sensitivity to environmental changes put Buxbaumia viridis at risk of extinction. Anthropogenic activities also threaten this moss; forest management practices often reduce
407-649: Is distributed over 9 main categories. Annex II lists species which determine if an area is a Special Area of Conservation . These include: Mosses and liverworts: Bruchia vogesiaca , Buxbaumia viridis , Dichelyma capillaceum , Dicranum viride , Distichophyllum carinatum , Drepanocladus vernicosus , Jungermannia handelii , Mannia triandra , Meesia longiseta , Nothothylas orbicularis , Orthotrichum rogeri , Petalophyllum ralfsii , Riccia breidleri , Riella helicophylla , Scapania massolongi , Sphagnum pylaisii , Tayloria rudolphiana Ferns and allies Monocots Dicots There are also
SECTION 10
#1732765789179444-404: Is rare and conservation efforts are being made in most countries B. viridis is found in. The gametophyte of Buxbaumia viridis is microscopic, existing mostly as non-competitive, slow-growing protonema . It is not desiccation-tolerant. B. viridis is dioicus, with its antheridia and archegonia forming on small, singular leaves borne on the ends of the protonema. The leaves that contain
481-482: Is to assess the importance for Europe as a whole, again based on the two earlier annexes. Annex IV lists species of interest to Europe which are in need of strict protection. Turtles Lizards Snakes Salamanders: Toads and frogs: Annex IV contains all the plant species listed in Annex II (except the mosses and lichens), plus the plant taxa listed below: Annex V details the species which are of 'interest' to
518-534: The Birds Directive . The Habitats Directive, together with the Birds Directive, are also called the "nature directives". The Habitats Directive consists of 24 articles of legislation to which all member states must comply. Article 17 of the directive sets the terms and standards for reporting on both the habitats and species listed in the annexes by the individual EU member countries. It stipulates
555-442: The green shield-moss , is a rare bryophyte found sporadically throughout the northern hemisphere. The gametophyte of this moss is not macroscopically visible; the large, distinct sporophyte of B. viridis is the only identifying structure of this moss. This moss can be found singularly or in small groups on decaying wood, mostly in humid, sub-alpine to alpine Picea abies , Abies alba , or mixed tree forests. This moss
592-435: The 1990s this spawned further political, social and administrative discussions among the relevant countries. Due to differences in nature conservation traditions, national problems have arisen in the implementation of the directive. Since member states in the south and east of Europe participated less in nature policies, these states experienced problems with the EU provisions. In Germany , Austria , Italy and Belgium ,
629-640: The European Court of Justice developed the doctrine of direct effect where unimplemented or badly implemented directives can actually have direct legal force. In the important case of Francovich v. Italy , the ECJ extended the principle of Van Gend en Loos to provide that Member States who failed to implement a directive could incur liability to pay damages to individuals and companies who had been adversely affected by such non-implementation. Buxbaumia viridis Buxbaumia viridis , also known as
666-524: The European Union), as well as prohibited modes of transport (while hunting). These can vary according to form of life. Birds are covered by the older Birds Directive . It is furthermore illegal to hunt wildlife in the European Union from an aircraft or moving motor vehicle. European Union directive A directive is a legal act of the European Union that requires member states to achieve particular goals without dictating how
703-488: The European Union, of which the taking or exploitation of wild may be subject to the management decisions of the individual countries concerned. This largely concerns plants or animals in which the hunting or gathering was/is an economic activity. Mammals Amphibians Fish Other Plants This annex compiles the types of capture and killing (i.e. hunting) which are prohibited in the European Community (and now
740-811: The Natura 2000 policy on economic development. Annex I lists the specific habitats which have been designated as the a Special Area of Conservation , to which a common EU-wide legislation applies. Certain habitats among those are furthermore designated as "priority habitat types". Habitats in the EU are given codes. An area or habitat can combine two habitats, and be designated as for example code 35.2 × 64.1 - Open grassland with Corynephorus and Agrostis (35.2), in combination with continental dunes (64.1). Example Annex I habitats are: Open sea and tidal areas Dunes Standing and running freshwater Matorral Grasslands Bogs, mires and fens Rocky areas and caves Forests - Only (sub-)natural The full list of habitats
777-437: The appropriate legislative procedure, both institutions can seek to make laws. There are Council directives and Commission directives. Article 288 does not clearly distinguish between legislative acts and administrative acts, as is normally done in national legal systems. Directives are binding only on the member states to whom they are addressed, which can be just one member state or a group of them. In general, however, with
SECTION 20
#1732765789179814-427: The archegonia are not present long as they quickly develop into sporophytes. Fertilization usually happens mid-spring to early summer. The sporophyte of Buxbaumia viridis is characteristic of the moss and is usually the only way to identify its presence in an area. The seta is straight and measures 5-10mm. The capsule is asymmetrical. The immature capsule is green, shiny, and may have an opalescent sheen due to
851-404: The archegonia happens mid spring to early summer, and maturation and spore dispersal of the sporophytes happens late spring to early summer. B. viridis is not a long-lived species due to the nature of its preferred substrate. The advanced stage of decay of the substrate means it is vulnerable to significant change, and this means B. viridis may not be present at the same site from one year to
888-475: The case of the EU conservation status is to assess the distance from a defined favourable situation, as opposed to the distance from extinction. There are three classes of conservation status: favourable (FV), unfavourable-inadequate (U1) and unfavourable-bad (U2). The annexes of the directive outline the protected habitats and species: From 1988 to 1992, the policy was given importance at the national level by policy experts, scientists and ecologists; later on in
925-442: The conservation of flora and fauna species. This led to the setting up of a network of protected areas across the EU, along with ' Special Areas of Conservation ', which together with the existing Special Protection Areas , became the so-called Natura 2000 network established to protect species and habitats. This directive is one of the main pillars of the European Union's system of wildlife and nature conservation, another being
962-558: The directive to be implemented correctly. This is done in approximately 99% of the cases. If a member state fails to pass the required national legislation, or if the national legislation does not adequately comply with the requirements of the directive, the European Commission may initiate legal action against the member state in the European Court of Justice . This may also happen when a member state has transposed
999-488: The epidermis with it. This gives the capsule a stringy appearance as the cuticle curls and frays. The sporophyte has an operculum , and this falls off to disperse spores. Spore count can rage from 1.4 to 9.0 million, which is a much higher number compared to other mosses. Sporophytes mature over the winter, and sporophytes can be found any time of year. Buxbaumia viridis is an epixylic species, meaning it lives on wood surfaces. It favors heavily decayed wood, usually to
1036-583: The exception of directives related to the Common Agricultural Policy , directives are addressed to all member states. When adopted, directives give member states a timetable for the implementation of the intended outcome. Occasionally, the laws of a member state may already comply with this outcome, and the state involved would be required only to keep its laws in place. More commonly, member states are required to make changes to their laws (commonly referred to as transposition ) in order for
1073-462: The member states achieve those goals. A directive's goals have to be made the goals of one or more new or changed national laws by the member states before this legislation applies to individuals residing in the member states. Directives normally leave member states with a certain amount of leeway as to the exact rules to be adopted. Directives can be adopted by means of a variety of legislative procedures depending on their subject matter. The text of
1110-488: The next. B. viridis requires large amount of decayed wood for growth and future establishment; the mass of strongly decayed wood in an area is a good predictor of the presence of B. viridis. Although a generally unrecorded behavior on mosses, herbivory on B. viridis sporophytes has been observed. Cut setas have been observed with an unknown perpetrator. Small slugs from the Arion genus have also been observed scraping
1147-501: The observation of conflicts between various government layers have caused prolonged delays in the management of nature policies. On the other hand, in member states such as the United Kingdom and Sweden , positive outcomes have developed due to stakeholder involvement, pro-active authorities, agencies responsible for implementation and public participation. According to one 2014 report there are increasing incompatibilities with
Habitats Directive - Misplaced Pages Continue
1184-414: The outer part of the capsule to eat the spores inside. It is unlikely that slug herbivory has any benefit to B. viridis , and accounts for 30% of sporophyte loss. It is likely that the actual number of individual B.viridis plants are higher than the recorded number because it can exist as protonema without producing a sporophyte, thus going undetected. Buxbaumia viridis is at risk of extinction; it
1221-506: The point where the decayed wood is deformed (30–60 years old depending on species and size). It does not grow exclusively to one tree species, but it is found more often on conifer species such as Picea abies and Abies alba ; it can also be found on other conifers and deciduous trees such as Fagus sylvatica . Rarely it can be found on mineral soil or humus. B. viridis also requires constant humidity and shady or sheltered areas to survive. Dry conditions can lead to protonema death,
1258-754: The provisions of an untimely transposed Directive is the Verkooijen case, in which the European Court of Justice rendered a judgement on 6 June 2000 (case no. C-35/98). The United Kingdom passed a statutory instrument , the Unfair Terms in Consumer Contracts Regulations 1994 , to implement the EU Unfair Terms in Consumer Contracts Directive 1993 . For reasons that are not clear, the 1994 SI
1295-459: The result to be achieved, upon each Member State to which it is addressed, but shall leave to the national authorities the choice of form and methods. A decision shall be binding in its entirety upon those to whom it is addressed. Recommendations and opinions shall have no binding force. The Council can delegate legislative authority to the Commission and, depending on the area and
1332-483: The waxy cuticle covering it. The cuticle is a made of wax and contains way granules and crystals; this type of cuticle is associated with a few other mosses and liverworts such as in the Polytrichopsida and Marchantiaceae , as well as tracheophytes . After the capsule matures in late summer to early fall, it develops its asymmetric shape and turns brown. The cuticle also begins to peel back, taking part of
1369-437: Was deemed inadequate and was repealed and replaced by the Unfair Terms in Consumer Contracts Regulations 1999 . The Consumer Rights Act 2015 , a major United Kingdom statute consolidating consumer rights, then abolished the 1999 SI; so presumably the 2015 Act complies with the 1993 EU directive, which remains extant. Even though directives were not originally thought to be binding before they were implemented by member states,
#178821