ASSESSMENT OF THE NATURA 2000 CO‐FINANCING ARRANGEMENTS OF THE EU FINANCING INSTRUMENT A project for the European Commission Noo070307/2010/567338/ETU/F1 March 2011 FINAL REPORT M. Kettunen, O. Carter, S. Gantioler & D. Baldock (IEEP) P. Torkler, A. Arroyo Schnell, A. Baumueller & E. Gerritsen (WWF) M. Rayment, E. Daly & M. Pieterse (GHK) Citation and disclaimer This report should be quoted as follows: Kettunen, M., Baldock D., Gantioler, S., Carter, O., Torkler, P., Arroyo Schnell, A., Baumueller, A., Gerritsen, E., Rayment, M., Daly, E. & Pieterse, M. 2011. Assessment of the Natura 2000 co‐financing arrangements of the EU financing instrument. A project for the European Commission – final report. Institute for European Environmental Policy (IEEP), Brussels, Belgium. 138 pp + Annexes. The contents and views contained in this report are those of the authors, and do not necessarily represent those of the European Commission. The Institute for European Environmental Policy (IEEP) is an independent institute with its own research programmes. Based in London and Brussels, the Institute’s major focus is the development, implementation and evaluation of EU policies of environmental significance, including agriculture, fisheries, regional development and transport. 2 TABLE OF CONTENTS EXECUTIVE SUMMARY.....................................................................................................................5 1 INTRODUCTION....................................................................................................................10 2 OBJECTIVES OF THE STUDY...................................................................................................14 3 APPROACH AND METHODS...................................................................................................15 3.1 ASSESSMENT OF THE CURRENT LEVEL OF EU CO‐FINANCING..............................................................15 3.2 EXISTING EVIDENCE ON THE IMPACTS OF EU CO‐FINANCING..............................................................17 3.3 OVERALL ASSESSMENT OF THE CURRENT EU CO‐FINANCING FRAMEWORK............................................18 3.3.1 Case studies illustrating the uptake of EU co‐financing in practise................................19 3.3.2 Gaps in financing different Natura 2000 related management measure.......................20 3.3.3 Shortcomings in the overall implementation of the EU co‐financing framework...........21 3.4 ASSESSING POSSIBLE MEASURES TO ADDRESS GAPS AND SHORTCOMINGS IN THE EU CO‐FINANCING FRAMEWORK..........................................................................................................................................22 3.5 IDENTIFICATION AND ANALYSIS OF OPTIONS FOR THE FUTURE EU CO‐FINANCING OF NATURA 2000.........22 4 FUNDING AVAILABLE FOR NATURA 2000..............................................................................23 4.1 EU CO‐FINANCING FOR NATURA 2000 IN 2007‐2013...................................................................23 4.1.1 European Agricultural Fund for Rural Development (EAFRD).........................................23 4.1.2 European Fisheries Fund (EFF)........................................................................................31 4.1.3 Structural Funds and the Cohesion Fund........................................................................34 4.1.4 LIFE Programmes............................................................................................................37 4.1.5 7th Framework Programme for Research (FP7).............................................................43 4.2 PROJECTED EU FINANCING VS. ACTUAL EXPENDITURE......................................................................44 4.3 LEVEL OF EU FINANCING VS. ESTIMATED FINANCING NEEDS FOR NATURA 2000....................................45 4.4 NATIONAL FUNDING AVAILABLE FOR NATURA 2000........................................................................49 4.5 CONCLUSIONS..........................................................................................................................58 5 EXISTING EVIDENCE ON THE IMPACTS OF FINANCING NATURA 2000.....................................58 5.1 PRELIMINARY OBJECTIVE: FINANCING NATURA 2000 TO SAFEGUARD BIODIVERSITY...............................58 5.2 BROADER ENVIRONMENTAL AND SOCIO‐ECONOMIC BENEFITS OF NATURA 2000 FINANCING...................59 5.3 CONSIDERATION OF THE OVERALL COSTS AND BENEFITS OF FINANCING NATURA 2000 NETWORK.............64 5.4 THE ROLE OF DIFFERENT EU FUNDS IN DELIVERING ENVIRONMENTAL AND SOCIO‐ECONOMIC BENEFITS VIA NATURA 2000.......................................................................................................................................65 5.5 CONCLUSIONS..........................................................................................................................67 6 ANALYSIS OF THE CURRENT EU FRAMEWORK FOR CO‐FINANCING NATURA 2000..................68 6.1 ASSESSMENT OF THE POSSIBILITIES FOR FINANCING NATURA 2000 UNDER THE CURRENT EU FUNDS.........69 6.1.1 European Agricultural Fund for Rural Development (EAFRD).........................................69 6.1.2 European Fisheries Fund (EFF)........................................................................................71 6.1.3 European Regional Development Fund (ERDF)...............................................................73 6.1.4 LIFE +...............................................................................................................................75 6.2 SUMMARY OF THE KEY INSIGHTS FROM THE NATIONAL LEVEL.............................................................76 6.3 GAPS AND SHORTCOMINGS IN THE EU CO‐FINANCING FRAMEWORK AND CONSTRAINTS ON USING THE FRAMEWORK FOR NATURA 2000..............................................................................................................82 6.3.1 Gaps and shortcomings in the opportunities available to finance different Natura 2000 management measures................................................................................................................83 6.3.2 Comparing the gaps and the opportunities to finance Natura 2000 management with information on costs.....................................................................................................................89 6.3.3 Constraints on using the EU co‐financing framework for Natura 2000..........................91 6.4 CONCLUSIONS..........................................................................................................................93 7 INNOVATIVE WAYS TO FUND NATURA 2000 – BROADENING & COMPLEMENTING THE EU CO‐ FINANCING FRAMEWORK..............................................................................................................94 3 7.1 KEY TO INNOVATION: IDENTIFYING THE LINKS BETWEEN ECOSYSTEM SERVICE AND MANAGING NATURA 2000 95 7.2 POTENTIAL USE OF NEW, INNOVATIVE FINANCING INSTRUMENTS FOR NATURA 2000 NETWORK............100 7.3 LIMITATIONS OF USING INNOVATIVE INSTRUMENTS.......................................................................101 7.4 INNOVATIVE USE OF EXISTING EU INSTRUMENTS...........................................................................108 7.5 CONCLUSIONS........................................................................................................................110 8 POSSIBILITIES TO ADDRESS THE GAPS IN AND CONSTRAINTS ON USING THE EU CO‐FINANCING FRAMEWORK FOR NATURA 2000.................................................................................................110 8.1 POSSIBLE KEY MEASURES TO ADDRESS THE GAPS IN AND CONSTRAINTS FOR USING THE EU CO‐FINANCING FRAMEWORK........................................................................................................................................110 8.2 ADDRESSING THE LIMITATIONS AND GAPS IN FINANCING DIFFERENT MANAGEMENT MEASURES..............112 8.3 ADDRESSING BROADER SHORTCOMINGS IN THE UPTAKE OF THE EU CO‐FINANCING..............................114 8.4 CONCLUSIONS........................................................................................................................115 9 IDENTIFICATION AND ASSESSMENT OF OPTIONS FOR THE FUTURE EU CO‐FINANCING FRAMEWORK..............................................................................................................................116 9.1 OPTIONS FOR THE FUTURE EU CO‐FINANCING FOR NATURA 2000...................................................116 9.2 HORIZONTAL OPTIONS TO SUPPORT THE FUTURE EU CO‐FINANCING FRAMEWORK...............................118 9.3 ANALYSIS OF DIFFERENT OPTIONS FOR NATURA 2000 FINANCING....................................................122 9.3.1 Capacity to successfully address gaps and constraints.................................................123 9.3.2 Compatibility and synergies with and impacts on the other relevant EU policy objectives 124 9.3.3 Compatibility with the EU budget review & general principles....................................125 9.3.4 Capacity to deliver broader environmental and socio‐economic benefits....................126 9.4 CONCLUSIONS........................................................................................................................131 10 CONCLUSIONS – THE VALUE ADDED OF FINANCING NATURA 2000......................................133 11 REFERENCES.......................................................................................................................134 ANNEXES Annex 1. National funds for Natura 2000 – insights from a number of EU Member States Annex 2. Case studies for using different EU funds for co‐financing Natura 2000 at the Member State level Annex 3. Analysis of the gaps in financing different Natura 2000 management activities Annex 4. Mapping innovative financing instruments against Natura 2000 management activities Annex 5. Analysis of the possibilities for improving the EU co‐financing framework for Natura 2000 Annex 6. Analysis of the different future options for co‐financing Natura 2000 4 EXECUTIVE SUMMARY THE EU CO‐FINANCING FRAMEWORK FOR NATURA 2000 – LESSONS LEARNED This study confirms that, despite the increased effort and some good examples on financing Natura 2000 from the Community funds, the existing EU co‐financing framework is not fully effective. The problem arises from both gaps in the framework and significant constraints that make it difficult to use to its full potential. The funding allocated to Natura 2000 actions appears inadequate, given the estimated need for resources. Under the current EU co‐financing model, Natura 2000 and wider biodiversity actions are eligible for funding from a diversity of Community funding instruments. However, only a low level of financial resources is directly and specifically allocated to support the management of the Natura 2000 network. The study reveals that in most Member States there seems to be more funding provided through the EU financing instruments than through national funding mechanisms. This highlights the importance of ensuring that the EU co‐financing framework provides sufficient opportunities for Natura 2000 and that these opportunities are taken up in the most effective manner (see below). It also indicates that significant efforts are needed to further increase the national support to Natura 2000 ‐ as it is not expected that Community funding (even when complemented by national co‐funding) will ever fully cover the total costs of managing the network. The lack of transparency and detail in the EU funds’ budgetary allocations makes it difficult to estimate the overall EU contribution towards Natura 2000. However, this study estimates that the financial allocations for Natura 2000 from the EU budget are between 550 – 1150 million EUR / year1. This range should be considered a rough approximation only. The estimated figures represent only 9‐19 per cent of the estimated financing needs of 5.8 billion EUR / year. In addition, past experience suggests that part of the allocated support will not be realised in practise, decreasing these figures further. However, it is also important to note that funding is often most relevant for one‐off costs, which are estimated to be around a third of the total funding needs for Natura 2000. According to this study, a number of these one‐off costs are currently eligible for EU funding (see below). The remaining costs relate to recurrent costs, some of which (e.g. staff costs) are generally deemed in line with the principle of subsidiarity to be more appropriately funded by the Member States. In other words, EU funding 1 This mainly refers to the Community funding (i.e. excluding Member States share), see Chapter 4 for detailed calculation and underlining assumptions. Consequently, the total overall financial contribution to Natura 2000 under the EU co‐financing framework would be roughly around 1.25 – 1.5 times the estimated range (i.e. assuming 25 – 50 per cent co‐financing from national funds). 5 along with the required national co‐financing seems to play an important role in contributing towards the eligible one‐off costs of Natura 2000. These figures should also be seen in the context of a possible increase in the overall funding of Natura 2000 over time. National administrations (e.g. in the new Member States) are still developing their management practices and their capacity for spending in this area and this could indicate that in the future the level of financing available for Natura 2000 increases as a result of increasing experience and establishing effective procedures for funding.. It is unclear, however, to what extent these developments will help to meet the estimated financing needs for Natura 2000. There are gaps in and significant constraints to using the EU co‐financing framework for Natura 2000, contributing to the financing gap. The relatively small contribution of the EU budget to Natura 2000 can be explained by a number of factors. Even though a rather wide range of Natura 2000 measures are eligible for financing under the different EU funds, some gaps still remain. The main eligibility gap relates to ongoing management and monitoring of Natura 2000 sites whereas activities linked with one‐off investments and remaining designations seem relatively well covered. This result is somewhat worrying since ongoing management activities (especially habitat management) account for the most significant costs in the context of implementing the network. In general, opportunities to fund ongoing management of Natura 2000 sites are available especially for agricultural and forestry areas whereas the possibilities for funding such activities in other areas are more limited (e.g. inland waters, wetlands, marine areas and other terrestrial sites). The explanation for the relatively limited possibilities for co‐funding ongoing activities is that the EU budget is not aimed at financing certain actions which are more appropriately carried out by national/regional administrations. These include, for example, establishing and running management bodies). Such actions should be covered by national spending. In addition, a range of constraints hinder the uptake of opportunities provided by the EU co‐financing framework. Member States are not obliged to draw down EU funding, they can only be encouraged to do so, although this encouragement may be amplified by pressure from the Commission to accelerate implementation of Natura 2000 on the ground. One of the most obvious shortcomings in the current framework is the absence of pressure on Member States to allocate sufficient funds to Natura 2000 in their national Operational Programmes (OPs) supported by the Structural Funds. This leaves Natura 2000 to compete with a range of different policy goals, such as support to economic activities and infrastructure. Despite the OPs’ environmental and biodiversity rhetoric, in reality, Natura 2000 is often a secondary priority for funding. Also, foreseen budget allocations for Natura 2000 do not guarantee that this money will be fully taken up by stakeholders in practise. Furthermore, the lack of coherence, coordination and planning in Member States on how to use different EU and national funding sources makes it difficult to form an overall picture of the actual financing needs and how these needs should be met. Finally, at the level of stakeholders, the lack of capacity and know‐how on access to 6 EU funds and a (perceived) high administrative burden deters EU co‐financing opportunities. Given these issues, continuing to finance Natura 2000 by a ‘business as usual’ approach puts fully meeting the needs of the network at risk. This in turn would jeopardise reaching the future objectives of EU biodiversity policy, to halt the loss of and restore biodiversity and ecosystem services. ADDRESSING THE GAPS AND CONSTRAINTS: TOWARDS A MORE EFFECTIVE CO‐ FINANCING OF NATURA 2000 Future progress in improving the EU co‐financing for Natura 2000 depends on an increase in political will at the Member State level, a willingness to spend national resources and the availability of EU funds. Increasing available, clearly allocated opportunities for Natura 2000 under the EU funds, improving transparency and enhancing coordination are considered to be the most effective ways to improve the Community co‐financing framework. In this context, one option is to address the identified gaps in funding opportunities (i.e. the eligibility for funding). These include in particular securing better funding for ongoing management and monitoring of Natura 2000 sites, e.g. measures aimed at conserving species and habitats with no clear connection to broader regional or rural development. Continued or increased support could also be made available to specifically support the development of Natura 2000 management plans to pave the way towards a more coherent and transparent way of utilising the co‐financing framework (see below). Finally, allowing the EU funds to also support activities and processes aimed at monitoring both the use of funds and performance of funding (e.g. broader monitoring schemes) could also be considered. This would help to address the current deficit in monitoring performance of biodiversity goals. Adoption of clearer priorities and dedicated earmarking of funds for Natura 2000 at the EU level, i.e. in the key Regulations, would help to ensure more systematic and targeted uptake of EU funding at the national level across the different funds. Such measures would also reduce competition with other political priorities that currently crowd out funding for Natura 2000. In practise these measures could, for example, include adopting more targeted objectives, creating dedicated budget lines and introducing obligations to allocate financing towards Natura 2000. On a more operational level, simplifying and mainstreaming the application and administrative processes related to the use of EU funds could diminish the need for capacity building and lower the administrative burden on stakeholders, facilitating greater uptake. Also, a critical review of the technical arrangements and requirements for accessing the EU funds could reduce unnecessary barriers for stakeholders (e.g. the level of required co‐funding and reporting burden). 7 Enhancing the coordination of financing Natura 2000 via the establishment of Prioritised Action Frameworks (PAFs) at national level would be a key improvement to the current framework. PAFs are foreseen to lead to a clearer identification of financing needs and a more systematic use and uptake of different EU funds for Natura 2000. By improving coherence and coordination, PAFs could also help to improve, clarify and build‐up stakeholder know‐how regarding which funds are available for different Natura 2000 management activities. This type of enhanced coordination at the national level could also indirectly reduce administrative burdens for key stakeholders. Finally, PAFs could (directly or indirectly) support and/or initiate monitoring of EU funds’ performance in delivering biodiversity goals or, at least, help to identify funding to support these monitoring activities. Naturally, for PAFs to be developed there is also a need to ensure the existence of appropriate management plans for Natura 2000 sites. Another more ambitious option would be a dedicated fund for Natura 2000, that would minimise the competition between different sectoral policy priorities and guarantee easier, more straight forward access for funding. Such a dedicated fund would also simplify the EU co‐financing framework. However, financing Natura 2000 from a single fund requires securing a significant amount of resources under one financing instrument. In general, financing Natura 2000 via a single fund is a rather risky approach as it significantly depends on the political will for its establishment and implementation (e.g. securing adequate national resources for co‐financing). Capacity building is needed to guarantee the most optimal and effective use of the EU co‐financing framework. The analysis of existing shortcomings identifies the lack of stakeholder capacity as one of the key reasons for preventing them to apply for EU funding for Natura 2000. This leads to a lower uptake of funding as appropriate proposals are not presented. Consequently, further support for capacity building seems to remain a requirement in the future. Furthermore, it appears that improving stakeholders’ capacity to access and effectively utilise different EU funding opportunities can also (directly and indirectly) help to address a number of other current shortcomings in the EU co‐financing framework for Natura 2000. For example, capacity building can contribute to enhancing stakeholders’ ability to seek new, more innovative sources for funding, thus increasing the overall resources available and securing the financing of Natura 2000 in a long term. Capacity building at the level of relevant government officials (including different ministries) could help to improve integration of Natura 2000 into relevant EU funds at the national level and also possibly improve coordination and cooperation between relevant administrative bodies. Also, increasing stakeholders’ capacity to deal with EU funds is foreseen to help stakeholders to deal more effectively with the related administrative. Based on the analysis carried out in the context of this study, improving the existing integrated approach to co‐financing Natura 2000 seems to provide the most politically feasible, effective and risk‐averse way forward. 8 In particular, a combination of enhancing the available funding opportunities and improving the availability and targeting of financial allocations, as well as their transparency (e.g. monitoring the actual spending), supported by a coherent implementation at the national level via Prioritised Action Frameworks seems likely to be the most promising avenue for co‐financing Natura 2000 in the future. In addition, it is foreseen that support for capacity building and exploration of innovative resources (e.g. innovative ways to use the existing funds and the development of new mechanisms for financing) could help. Finally, past experiences show that LIFE funding – albeit limited in terms of resources – plays an important strategic role in supporting the management of the Natura 2000 network. Therefore, the continuation and enhancement of LIFE / LIFE‐like funding (e.g. by increasing the total budget available) would be an integral component of the EU co‐financing framework also in the future. POSSIBILITIES TO COMPLEMENT THE FUTURE EU CO‐FINANCING FRAMEWORK WITH INNOVATIVE FINANCING MECHANISMS There is scope to complement and add to the existing funding streams for Natura 2000 with innovative thinking and new funding mechanisms. While not improving the level of earmarked opportunities for Natura 2000, innovative application of the existing EU funds with links to ecosystem services and related socio‐economic benefits can help to better use and access existing EU co‐financing opportunities. These links (e.g. the role of Natura 2000 in recreation & tourism, water retention & purification, risk management) can facilitate the integration of Natura 2000 into different operational programmes at national and regional level. For example, piloting sustainable fisheries management projects, nurseries and no‐take zones in the context of EFF could improve the uptake of this fund for Natura 2000. Similarly, Natura 2000 could be used as a corner stone for green infrastructure that forms a basis for sustainable regional development in the context of EU Cohesion Policy. There is also scope to complement the existing funding for Natura 2000 with more innovative financing instruments, for example by engaging more with the business and financial sectors. As for the use of new and innovative instruments, this would mean using more private sector resources alongside EU and national public funding. A number of possibilities exist, for example through creating dedicated programmes for green infrastructure in the context of the EU Cohesion Policy. In principle, the development of innovative financing instruments could also be actively supported by EU sectoral polices. For example, funding under EU Cohesion Policy could be made available to support pioneering and testing innovative payment schemes that benefit both sustainable socio‐economic development and biodiversity, including Natura 2000. 9 1 INTRODUCTION The Birds and Habitats Directives form the key legislative basis for biodiversity conservation in the EU. One of the main aims of these Directives is to establish a coherent network of protected areas, designed to safeguard the habitats and species of greatest conservation value within Europe, i.e. the Natura 2000 network. As the process of implementing the Natura 2000 network continues, Member States now increasingly pursue the objectives in the legislation by the means they think best, with the requisite responsibilities distributed largely according to their own preferences, for example between national and regional authorities. In the course of doing so they make decisions about the resources to be devoted to Natura 2000 in the shape of funding for the public authorities involved, capital expenditure on public works and private investment, site management costs, expenditure on research, advice, monitoring, education and training etc. The levels of expenditure on these activities vary between Member States, reflecting not only the ‘true need’ for active intervention in order to establish and manage the network but also the other pulls on public expenditure. The latter include the pressures exerted on the government and public authorities by different interests, stakeholders and competent authorities as well as the European Commission and the political importance of the issue in the country or region concerned. Several other factors will also be relevant, including the institutional capacity to identify needs and requisite actions to achieve favourable conservation status, the availability of skills and appropriately trained staff and the ability and willingness of relevant stakeholders to take part in management actions. The roles and responsibilities for financing the management of Natura 2000 network vary. In general, Member State governments themselves play a key role in meeting the costs of establishing and running the network. In some cases there may be a significant contribution from NGOs and benevolent institutions, active cooperation by land managers on a purely voluntary basis, helpful contributions by public agencies including the armed forces, relevant activity by water suppliers managing catchment areas and similar undertakings which do not require direct funding from the state budget. There is also an increasing scope for the private sector to make a bigger contribution and there is a growing interest in novel instruments which could draw on private sector funding. Given that the Natura 2000 network is an EU level initiative set to implement agreed Community‐wide goals for biodiversity conservation the implementation of the Natura 2000 network is eligible for funding from the EU budget (as according to the Habitats Directive Article 8). In principle, this is seen warranted as biodiversity values are commonly considered to be a public good of fundamental EU‐wide importance that merit being addressed at the Community level, e.g. supported by the common budgetary resources (Kettunen et al. 2009a). 10
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