Questions & Answers
ESRS say ‘biodiversity sensitive areas’ are Natura 2000 network of protected areas, UNESCO World Heritage sites and KBAs, plus other protected areas, as referred to in Appendix D of Annex II to Commission Delegated Reg (EU) 2021/2139. Would any one of the datasets be sufficient for this metric, or does it have to be all?
- Biodiversity-sensitive areas
Background
ESRS E4-5 paragraph 35 states: ‘If the undertaking identified sites located in or near biodiversity-sensitive areas that it is negatively affecting (see paragraph 19 (a)), the undertaking shall disclose the number and area (in hectares) of sites owned, leased or managed in or near these protected areas or key biodiversity areas.’
ANNEX II Acronyms and Glossary of Terms defines biodiversity-sensitive areas as: ‘Natura 2000 network of protected areas, UNESCO World Heritage sites and Key Biodiversity Areas (‘KBAs’), as well as other protected areas, as referred to in Appendix D of Annex II to Commission Delegated Regulation (EU) 2021/2139(8).’
Appendix D of Annex II to Commission Delegated Reg (EU) 2021/2139 states: ‘… For sites/operations located in or near biodiversity-sensitive areas (including the Natura 2000 network of protected areas, UNESCO World Heritage sites and Key Biodiversity Areas, as well as other protected areas), an appropriate assessment (3), where applicable, has been conducted and based on its conclusions the necessary mitigation measures (4) are implemented.’
The World Database on Protected Areas (WDPA) is the most comprehensive global database of marine and terrestrial protected areas. It is a joint project between the UN Environment Programme and the International Union for Conservation of Nature (IUCN), and it is managed by the UN Environment Programme World Conservation Monitoring Centre (UNEP-WCMC) in collaboration with governments, non-governmental organisations, academia and industry.
Answer
To identify a biodiversity-sensitive area that meets the criteria of ESRS E4 Disclosure Requirement E4-5, it is sufficient that the area is listed in only one of the sources mentioned under the definition of biodiversity-sensitive area in the ESRS Glossary of Terms (see background).
If the relevant site is not included under the Natura 2000 network of protected areas, UNESCO World Heritage sites and/or Key Biodiversity Areas (‘KBAs’), the undertaking needs to assess if it falls under ‘other protected areas’ as per the ESRS glossary definition. Other protected areas could be, for instance, forest protected areas or areas lying within river basin districts designated as requiring special protection by governmental authorities. This may require consulting national legislation sources defining these other protected areas. In addition, the World Database on Protected Areas (WDPA) can support preparers in the identification of protected areas.
Relations
Paragraph | Content |
|---|---|
If the undertaking identified sites located in or near biodiversity-sensitive areas that it is negatively affecting (see paragraph 19(a)), the undertaking shall disclose the number and area (in hectares) of sites owned, leased or managed in or near these protected areas or key biodiversity areas. | |
If the undertaking identified sites located in or near biodiversity-sensitive areas that it is negatively affecting (see paragraph 19(a)), the undertaking shall disclose the number and area (in hectares) of sites owned, leased or managed in or near these protected areas or key biodiversity areas. | |
If the undertaking identified sites located in or near biodiversity-sensitive areas that it is negatively affecting (see paragraph 19(a)), the undertaking shall disclose the number and area (in hectares) of sites owned, leased or managed in or near these protected areas or key biodiversity areas. |