3.1. Legal and Policy Factors
3.1.1. International Conventions and Agreements
In the analyzed countries, the main drivers for nature conservation came from the international environment as all countries are signatories of the most important international conventions and agreements related to nature conservation such as Ramsar Convention, Convention on International Trade in Endangered Species of Wild Flora and Fauna, Boon Convention, Bern Convention, Convention on biological diversity, United Nation Framework Convention on climate change and European Landscape Convention. All these conventions and agreements have been ratified by specific laws or decrees (Italy, Slovenia, Croatia, Bulgaria, Serbia, North Macedonia, and Bosnia and Herzegovina) and/or were implemented in Nature Conservation Act (Slovakia, Bulgaria, and Montenegro).
3.1.2. National Legal Framework of Nature Conservation
All analyzed countries have a legal framework in place to ensure and support nature conservation (
Table A1). Strategies that influence nature conservation exist in all countries. They are mainly related to sustainable development (Italy, Slovakia, Slovenia, Croatia, Serbia, Montenegro, and North Macedonia), environmental protection (Slovakia, Bulgaria, Croatia, Republic of Srpska, Federation of Bosnia and Herzegovina), environmental and climate changes (Bulgaria and North Macedonia), nature protection (Croatia, Bulgaria, North Macedonia, Republic of Srpska), biodiversity (Italy, Slovakia, Slovenia, Bulgaria, Serbia, Montenegro, North Macedonia, Republic of Srpska, Federation of Bosnia and Herzegovina), and forestry (Italy, Slovakia, Croatia, Bulgaria, Serbia, Montenegro, North Macedonia, Republic of Srpska). Moreover, from the aspect of nature conservation, national programs related to this area are also very significant in some analyzed countries. They are mainly related to environmental protection—National environmental protection programs (Slovenia, Serbia, Republic of Srpska, Federation of Bosnia and Herzegovina); and forestry—National forest programs (Italy, Slovenia, Bulgaria, Montenegro, and Federation of Bosnia and Herzegovina).
The main laws that regulate nature conservation in the countries analyzed are nature protection, nature conservation law, environmental protection law, or biological diversity law. Apart from specific nature conservation-related laws all countries also have a number of ordinances, decrees, rulebooks, that further regulate specific nature conservation issues. Additionally, all analyzed countries have also adopted specific legislation governing the proclamation of PAs, mainly national parks (see
Section 3.1.4).
All analyzed countries also have other sectoral laws that are relevant for nature conservation—such as forest law, water law, game management and hunting law—as nature conservation has an indispensable position in the context of other cross-sectoral policies, especially related to forest sector and therefore cannot be seen as an isolated policy sector [
58].
3.1.3. Institutional Set-Up
Strong institutional set-up is one of the key prerequisites for effective nature conservation policy implementation.
Table A2, summarize the institutional set-up in analyzed countries. Evidently, not all of the institutions are presented in all countries, which potentially create a gap for the successful nature conservation policy implementation.
In all analyzed countries, one central authority plays the most important role in nature conservation. In most of the analyzed countries, the Ministry of Environment with jurisdiction over environmental protection is responsible for nature conservation policies, including PAs and Natura 2000 sites. There are exceptions in Montenegro, Bosnia and Herzegovina, and the Republic of Srpska where other ministries are responsible for environmental protection and nature conservation policies (e.g., Ministry of Foreign Trade and Economic Relations in Bosnia and Herzegovina and Ministry of Spatial Planning; Civil Engineering and Ecology of the Republic of Srpska in Republic of Srpska; and Ministry of Sustainable Development and Tourism in Montenegro). Only in Slovakia and Serbia there is an independent Ministry of Environment or Ministry of Environmental Protection, while in other analyzed countries the Ministry of Environment has broader competences, e.g., protection of land and sea, spatial and physical planning, energy, water, tourism.
The presence of Institutes for nature conservation varies from country to country. They exist in Italy, Slovakia, Slovenia, Bulgaria, Croatia, Serbia, and Bosnia and Herzegovina. In countries like Croatia, Montenegro, and North Macedonia, they have experienced changes in relation to formally independent institutes as in most countries’ government adopted a decree merging institutes to some other institution. All countries, except Bosnia and Herzegovina and North Macedonia, have Environmental agencies in place at the national level and also regional level as in case of Italy, with similar duties being the collection, integration and processing of environmental data and submission of reports to the European Environmental Agency as European Environmental Agency member countries. In the case of Bosnia and Herzegovina and North Macedonia they are a part of European Environmental Agency partnership network as cooperating countries.
One of the institutional mechanisms that could substantially contribute to the funding of nature conservation, particularly its tasks, is an environmental fund. This funds usually receives finances from different sources (e.g., environmental or eco-taxes, national or regional budgets, regulation fees). An environmental fund exists in all analyzed countries, except Italy, North Macedonia, and Montenegro.
In all analyzed countries, Ministry responsible for nature conservation plays an important role in monitoring of different types of PA and are responsible for the approval of management plans and programs for PA. Although governance by government is a predominant form of governance in analyzed countries, all analyzed countries have established public institutions (PA authorities) for management of PA at the national, regional or local levels. Unlike in other countries, Montenegro and Slovakia have one central public institution at the national level for management of all PAs. In Italy, Slovenia, Croatia, Bulgaria, North Macedonia, Serbia, and Bosnia and Herzegovina, separate public institutions are set up with the responsibility to manage a specific PA. Moreover, in some analyzed countries, the government can delegate PAs management responsibility to other actors, both public and private ones. The transfer of management by delegation is possible “de jure” in Slovakia, Slovenia, Bulgaria, Serbia, Montenegro, and North Macedonia. Delegation can be done either on a contract basis (Slovakia) or by a legal act, at the designation of PA (Slovenia, Bulgaria, Croatia, Serbia, North Macedonia, and Montenegro). Delegation to different types of actors (e.g., NGO, local association, local municipalities or counties, public enterprises, private companies, and churches or monasteries) was found in some analyzed countries (Slovenia, Serbia, North Macedonia, Montenegro, and Croatia).
3.1.4. Legal Status of Protected Areas
The idea of setting aside areas to safeguard for nature conservation was initiated in most of the analyzed countries in the middle of the 20th century, by designating the first national park (
Table 2).
Legal protection of national park is in majority of the analyzed countries provided by law on national parks (Italy, Slovenia, Serbia, North Macedonia, Montenegro, and Bosnia and Herzegovina) or Protected areas law (Bulgaria). In countries like Italy, Bulgaria, Serbia, and Republic of Srpska, laws regarding national parks/protected areas exist on a country/entity level. In Italy, Slovenia, Montenegro, North Macedonia, and the Federation of Bosnia and Herzegovina, specific laws on the establishment of individual national park exist. In Slovakia and North Macedonia national park establishment in terms of activities granted and prohibited is regulated by nature conservation/protection law, while the national park itself is created by the government ordinance/law. In Croatia, PAs are established by the government or parliament ordinance.
Other statutory designated categories of PA also exist in these countries, mostly harmonized with the IUCN categorization. According to the national data, PAs cover between 2.7% in Bosnia and Herzegovina and 23.4% in Slovakia of the country’s territory.
3.1.5. Emerald Network
The Emerald network of the Council of Europe is declaratory complementary to the Natura 2000 network outside EU.
The creation of the Emerald Network was started with a help of different pilot projects in all analyzed countries, except Italy. The main purpose of those projects was to initiate the process, create the expert teams, and set up a database of pilot project sites and proposed Areas of Special Conservation Interests (
Table 3).
In Slovakia, Slovenia, Croatia, and Bulgaria, the pilot project of Emerald network creation started in 1999, but stopped, due to the countries’ orientation to the EU process and implementation of the Natura 2000 network. All relevant data and results gained within the Emerald pilot project were used for the implementation of Natura 2000 that later became the formal contribution to the Emerald network.
In case of Croatia, Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina, EU CARDS Regional Project “Development of Emerald Network in South-Eastern Europe” was implemented with the financial contribution of the European Environmental Agency to the Council of Europe [
59]. Further activities in these countries were performed under the EU IPA projects [
60]. As a result of these projects, countries have nominated their candidate sites. All future activities in these countries related to the Emerald network are dependent on the further national allocation of money.
3.1.6. Transposition of the EU Birds and Habitats Directives
The countries involved in this study are at different stages of transposition of the “Birds” and “Habitats” Directives into national legislation (
Table 4), considering the country’s status regarding the EU accession. EU Member States countries have transposed the Directives and implemented Natura 2000 network. This network has been implemented gradually, starting in 1997 in Italy, followed by other countries joining the EU afterwards (Slovenia and Slovakia in 2004, Bulgaria in 2007 and Croatia in 2013).
The EU candidate and potential candidate countries have, in compliance with the acquis obligations, to implement and enforce environmental policies in their legal framework, but enforcement and implementation of the nature conservation policy are still at the early stage because there are still significant gaps in transposition and site designation. For example, these countries have designated Emerald network sites (future Natura 2000 sites), but more effort should be put into the selection of Special Protection Areas (SPAs) and Sites of Community Importance (SCI) under the Directives. In countries like Montenegro, North Macedonia, and Bosnia and Herzegovina, potential SPAs and SCI sides are proposed, while in SRB only potential SPAs are proposed. These proposed sites will in the future act as potential sites for inclusion in the Natura 2000 network.
In most of the analyzed countries, the “Habitats” Directive is mainly transposed through the Law on nature protection/conservation (Slovakia, Slovenia, Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina) and its decrees (as in case of Serbia, Italy, Slovenia, Croatia, and the Federation of Bosnia and Herzegovina). The “Birds” Directive is also transposed by the Law on nature protection/conservation (Italy, Slovenia, Croatia, Serbia, and North Macedonia) and Law on Game and Hunting (Italy, Serbia, and Bosnia and Herzegovina) and Forest Law (Croatia). In Bulgaria, Natura 2000 sites are not considered as PAs, they are called protected sites and therefore designated under the biological diversity law, not the protected areas law. Therefore, also the Directives are transposed through the biological diversity law.
According to EEA [
61], the Natura 2000 network now covers 18.0% of EU’s land territory in EU-28. Currently, the Natura 2000 network covers 37.2% of land territory in Slovenia, followed by Croatia (36.7% of the land territory), Bulgaria (34.4% of the land territory), and Slovakia (30.0% of the land territory). These countries are also ranked as countries with the highest share of Natura 2000 area within EU-28. In Italy, the Natura 2000 network covers about 19.0% of country’s land territory. In analyzed ‘new’ member states in Eastern and Southeastern Europe, the share of national land territory under Natura 2000 is well above the EU average. In the rest of the study area, larger Natura 2000 sites were designated as a consequence of overlapping with (but sometimes also exceeding) existing nature PA, but in the old member states, like Italy, smaller sites were established [
8].
Forests are of crucial importance for Natura 2000. According to the European Commission [
62] it has been estimated that the Natura 2000 network includes approximately 375,000 km
2 of forests, which is about 50% of the total Natura 2000 network and about 21% of total forest resource in EU. In Slovakia, Slovenia, and Bulgaria, forest is included in more than half of all proposed Natura 2000 sites (48.8%, 71.0%, and 56.5% respectively) [
63,
64]. The high percentage of forests in Natura 2000 reflects not only the wide distribution of forests in these countries but also their overall importance for biodiversity. In Croatia, forests cover approximately 36.0% of Natura 2000 network and in Italy 35.0% of the Natura 2000 network [
65].
3.1.7. Management Plans for Natura 2000 Network
After the designation of the Natura 2000 sites, policy enforcement and practical management becomes the primary task for national authorities [
8]. According to the “Birds” and “Habitats” Directives, the preparation of management plans for the Natura 2000 sites is not obligatory, but the “Habitats Directive” recommends their use as a means to secure the beneficial conservation status of the sites. In spite of the soft regulation, the preparation of site-level management plans is promoted in all selected EU countries as the main tool to identify conservation measures at the site level (
Table 5). Some of the analyzed EU countries consider the development of a management plan for sites as a legal obligation (Slovenia, Slovakia), or/and make a possibility to include specific management measures in other sectoral plans related to management and use of natural resources (forests, water) or include them in contractual obligations, as recommended by Article 6 of the “Habitats Directive” (Slovenia, Bulgaria, Croatia). In Italy, according to the Decree no. 224 (2002), there is a legal obligation to define the conservation measures for the Natura 2000 sites, while management plan is an additional instrument aimed to protect threatened species and habitats.
Natura 2000 management plans are prepared under the responsibility of the ministry responsible for nature conservation in almost all analyzed EU members’ countries, except Croatia, assisted by facilitators (experts), with the provision of EU financial sources and the national budget. In Croatia, directives are implemented in forest management plans under the responsibility of the Ministry of Agriculture. These management plans are developed at the national (Slovakia, Slovenia, Bulgaria) or regional/local level (Italy).
3.2. Economic Factors
There are numerous economic factors that must be considered in the analyses of nature conservation policies. The most noticeable is funding as this was identified in many studies as “the biggest issue”, and that it is the key factor of further development of nature conservation [
8,
32,
66].
3.2.1. Financing Mechanisms of Protected Areas
Well-developed legal frameworks are in place in the analyzed countries (see
Section 3.1), which underline the need for and importance of funding of PAs. All analyzed countries have ratified international conventions, which call in some way for contracting parties to allocate funds for nature conservation. Therefore, in analyzed countries laws (mainly nature protection/conservation law) and decrees related to PAs prescribe different financing mechanisms.
Financial resources for PAs may be generated by different sources (
Table A3); most commonly these are external sources and market-based fees for goods and services.
In all analyzed countries, financing of PAs is ensured from the state budget funds, through the ministries responsible for nature conservation. To a much lesser extent, financing comes from municipal budget (Slovenia, Croatia, Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina) or province/regional budget (Italy, Croatia, Serbia, and Bosnia and Herzegovina) in the case where the PAs are established by the municipality or province/regions. In addition, Slovenian law on nature conservation permits a possibility of public/private partnership on the management of PAs. Moreover, in countries like Slovakia, Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina, international assistance and funding or private voluntary donations (Slovakia, North Macedonia, and Bosnia and Herzegovina) of PA is provided. In Slovakia, Croatia, and Serbia, the Environmental Protection Fund is established to provide financial support for environmental protection and sustainable development to applicants in the form of grants or loans in support of projects and activities aimed at achieving environmental policy goals at national, regional, or local levels.
PA management bodies are offered the possibility to supplement their budget financing through income-generating activities—market-based fees for goods and services (e.g., entrance fees in PAs, entrance fees in visitor or information centres, informational materials, tourism activities, etc.), such revenues represent in most cases a fairly small share from their total annual budget (Italy, Slovakia, Slovenia, Croatia, Serbia, North Macedonia, and Bosnia and Herzegovina), except when income is generated from management of lands and resources inside the PAs (Italy, Slovakia, Slovenia, Bulgaria, Serbia, Montenegro, North Macedonia, and Bosnia and Herzegovina) or concessions of management or resource use rights (Bulgaria, Croatia, Serbia). Another financing opportunity of PAs is represented by the existence of grants that can be accessed through projects, which becomes a quite common and important source of funds in all analyzed countries.
In countries like Slovakia, Bulgaria, Croatia, North Macedonia, Montenegro, and Bosnia and Herzegovina, a general characteristic of financing nature conservation and PAs is their large dependency on external funding sources, which finance various nature conservation projects. The European Fund for Southeast Europe has also played an important role in financing different activities in Slovakia. In addition, external funding also comes from EU funds (Italy, Slovakia, Slovenia, and Bulgaria), or EU-accession funds (Croatia, North Macedonia, and Bosnia and Herzegovina). Moreover, in Italy, Croatia, Montenegro, and North Macedonia, innovative instruments—such as payments for ecosystem services (hereafter PES)—have been developed and represent a financing source of PAs.
3.2.2. Financing Mechanisms of the Natura 2000 Network
The EU’s integrated approach to financing Natura 2000 has resulted in a complex funding structure [
30]. In accordance with the Treaty on the Functioning of the EU [
67], the responsibility for implementing and financing environmental policy, including the Natura 2000 network, lies with the Member States. Article 8 of the “Habitats” Directive states that in a case in which the respective Member States face exceptionally high costs, these costs can be co-financed by any relevant EU co-financing instrument and foresees the need to develop a prioritized action framework [
5]. According to the aforementioned article, implementing institutions have two options for funding the necessary measures in the Natura 2000 network: to use either their existing state nature conservation budgets or the EU co-financed instruments.
National public funding is the most frequently mentioned source of financing Natura 2000 objectives and measures in all analyzed EU member countries (
Table 6), because funding of nature conservation measures is prescribed by nature protection/conservation law. In Slovakia and Croatia, national environmental protection funds have been mentioned as an important additional source of financing Natura 2000 objectives and measures.
Moreover, the objectives and measures of Natura 2000 in analyzed EU member countries are supported through the European structural and investment funds, with the majority of their investment being handed out through national governmental institutions (
Table 6).
In analyzed countries objectives and measures of Natura 2000 were co-funded through several EU instruments. These available EU-level funding instruments can cover only a small amount of the estimated costs of the implementation of Natura 2000 and its measures. Therefore, in countries like Slovakia and Croatia National environmental protection funds promote advances in environmental protection through the award of credits or other financings.
Additionally, in Slovenia the legislation on nature conservation allows public/private partnership on the management of Natura 2000 sites. Such is the case in the management of Sečoveljske soline Landscape Park. In Italy, 76 Natura 2000 sites located in the WWF Oasis are managed by WWF in accordance with the national and regional/provincial guidelines.
In the EU candidate and potential candidate countries, initial work on the establishment of Natura 2000 network started in the frame of the different project, mostly financed by EU IPA program (Serbia, North Macedonia, Montenegro, and Bosnia and Herzegovina), foreign governments (Bosnia and Herzegovina), bilateral aid agencies (North Macedonia and Bosnia and Herzegovina), and NGOs (WWF in Montenegro).
The transposition of the “Habitats” Directive requires compensatory measures necessary to ensure that the overall coherence of Natura 2000 is protected (Article 6). Therefore, different compensation measures are assured in current EU funding programs (2014–2020), such as European Structural and Investment Funds, the Rural Development Fund, the Cohesion Policy Funds, and the European Maritime and Fisheries Fund.
As regards the compensatory measures included in the Rural Development Programme 2014–2020, that are relevant for Natura 2000 three measures have been identified in analyzed EU member countries. The most widely used measures for the conservation or recovery of natural habitats and species are the agri-environment and climate payment measures (M10) which exists in all of the analyzed countries. In Italy and Slovakia, payments for Natura 2000 areas in combination with the Water Framework Directive (M12), which is aimed at activities on agricultural land (M12.1) and forest land (M12.2), also exists. In particular, the measure M12.2 (Payments Natura 2000 for forest areas) has been implemented in five regions (Basilicata, Liguria, Marche, Piemonte, Umbria) in Italy. Forest-environmental and climate commitment payment measures (M15) are included in Bulgaria, Slovakia, and certain regions of Italy. In addition, in Slovenia a budgetary forest fund was established in 2016 based on the changes in the organizational structure of the state forest management body and the adoption of the Management of State Forest Act (Article 33). The forest fund intended to cover compensation measures in private forests within Natura 2000 areas, in accordance with the Natura 2000 management program and program of investments in forests, based on the national forest program prepared by the public forestry service in accordance with the forest act.