EUROPEAN UNION SUPPORT FOR NATURA 2000 SITES UNDER THE RURAL DEVELOPMENT PROGRAMME 2014-2020

Purpose of the study: The purpose of this paper is to present aid tools available under the Rural Development Programme 2014-2020 addressed to Polish agricultural producers operating in Natura 2000 areas. The main questions the present study strives to answer are: What are the main purposes of the Rural Development Programme 2014-2020? How did agri-en-vironmental schemes influence Polish agricultural activities in order to achieve the Natura 2000 objectives in agricultural areas? How can we evaluate the financial instruments included in the Rural Development Programme 2014-2020, particularly the financial support under the “Investments in farms located in Natura 2000 areas”?


Introduction
The European Ecological Network Natura 2000 was created in response to the need to protect unique areas in these times of far-reaching industrial expansion and urbanization. Natura 2000 sites are one of the forms of nature conservation, i.e. a legal institution consisting of separating a specific area, recognizing it as protected by a generally binding normative act and subjecting it to a specific legal regime in which prohibitions of behaviour threatening this object play an essential role. Thus, these sites form a special institution in Polish legislation, which constitutes the implementation of comprehensive protection for the survival of plant and animal species and natural habitats that are characteristic and typical of European areas (Rakoczy and Wierzbowski, 2008, p. 65).
It is significant that Polish local self-government actively participates in ecological and agri-environmental policy. It supports Natura 2000 programme because environmental protection is not just a constitutional obligation of a state or local self-governmental bodies but it should be the duty of every reasonable citizen. The activity of local self-government in this respect is particularly valuable.
The purpose of this paper is to present aid tools available under the Rural Development Programme 2014-2020 addressed to Polish agricultural producers operating in Natura 2000 areas. Since Natura 2000 has been established to enable sustainable and effective protection of ecosystems within the European Union, agricultural activities are undoubtedly more problematic, as they entail additional responsibilities. However, the assumption is that Natura 2000 compensates for these disadvantages through the possibility of obtaining EU funding. The main questions the present study strives to answer are: What are the main purposes of the Rural Development Programme 2014-2020? How did agri-environmental schemes influence Polish agricultural activities in order to achieve the Natura 2000 objectives in agricultural areas? How can we evaluate the financial instruments included in the Rural Development Programme 2014-2020, particularly the financial support under the "Investments in farms located in Natura 2000 areas"?
The choice of applicable legal instruments affecting the biosphere in Natura 2000 sites is left to the European Union member states. Therefore, some national regulations determine the legal instruments to be taken to achieve the intended protection objectives. The EU countries have applied a variety of measures in this regard. Local self-government may also perform some tasks related to the European Ecological Network Natura 2000. In the perception of Adam Niewiadomski, some European countries like Germany, The Czech Republic, or Slovakia, have adopted some liberal solutions (Niewiadomski, 2020, p. 153).
The paper consists of five parts. At first, the origins of Natura 2000 network are presented. The second part of the article is devoted to the legal basis for the establishment and implementation of the Natura 2000 network within the European Union. Then, Polish Rural Development Programme 2014-2020 and agri-environmental schemes are taken into closer consideration. At the end, financial investments under the support instrument "Investments in farms located in Natura 2000 areas" are evaluated. It should be pointed out that in this particular study, classical methods and techniques developed within the framework of legal science were applied to approach the raised questions and to formulate conclusions. Therefore, the basic method of the research was the formal dogmatic method, in particular, legal linguistic interpretation, in order to analyze and assess the subject related legislation. To some extent, the legal comparative method has been also applied to approach to the European Union's solutions. The theoretical legal method has been treated as an auxiliary measure to determine the significance of Natura 2000 procedures. In the article, there are also presented some statistical data acquired through access to public information in January 2021, reported to the Analysis and Reporting Department of the Agency for Restructuring and Modernization of Agriculture.

The origins of Natura 2000 network
Europe's natural environment is constantly changing as a result of civilization development. As a result, the natural balance is disturbed, which results in, among other things, a decrease in biodiversity and the disappearance of individual species. The dangers posed by the development of civilisation resulted in the creation of the concept of legal protection of nature and its resources. The beginnings of the idea of Europe-wide environmental protection can be traced back to the 1970s, when international cooperation for nature conservation began (Makomska-Juchiewicz and Tworek, 2003, pp. 15-16). Some international conventions were valuable contribution to the development of the European ecological politics, e.g.: the Ramsar Convention on Wetlands of International Importance Especially as Waterfowl Habitat  Poland 2002Poland , no. 184, pos. 1532. It should be taken into consideration that last two conventions have inspired regulations of Natura 2000 network. The legal framework for nature conservation in Europe was established in the Convention on the Conservation of European Wildlife and Natural Habitats. This international agreement considers it necessary to undertake international cooperation in order to protect nature. It also obliges countries to take appropriate and necessary legal and administrative measures to ensure the protection of wild flora and fauna habitats, in particular, endangered natural habitats and species of flora and fauna (Cichocki, Dobiesz, Hajto and Kuśmierz, 2013, p. 22).

The legal basis and purposes of Natura 2000
The legal basis for the establishment and implementation of the Natura 2000 network within the European Union is mainly based on the provisions of two legislative acts, which focus, among other things, on the sustainable use of environmental resources and the protection of biodiversity. To achieve these objectives within the existing European Community, the so-called Birds Directive (Council Directive 79/409/EEC of 2 April 1979 on the conservation of wild birds OJ L 103 as amended, 25.4.1979, pp. 1-18, replaced in 2009 by the consolidated Birds Directive) was adopted in 1979 as a legal act closely linked to and developing a vision for action on birds. In 1992, the so-called Habitats Directive was adopted (Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora OJ L 206 as amended, 22.7.1992, pp. 7-50), which required the Member States of the European Union to introduce a legal basis for the development of a network of sites to protect plant and animals species as well as habitat types endangered at the European level. The above mentioned Directives provide the legal basis for the operation of the Natura 2000 European Ecological Network (it is significant that the members of the European Union are bound by the directives, and there is obligation to transform them into the national law, cf. Herdegen, 2006, p. 130). This network is intended to enable the implementation of a coherent policy for the conservation of natural resources in the European Union (Radecki, 2010, pp. 235-236). A coherent policy in this field includes the creation of special areas of conservation for birds (so-called "SACs"), and special habitat protection areas (so-called "SPAs") (Ciechanowicz-McLean, 2006, p. 54). Both SACs and SPAs form the Natura 2000 network. The name of this protection concept derives from the originally planned completion date of the designation of the network, which was to fall in 2000. Poland, like other countries joining the European Union, has committed itself to designating Natura 2000 sites.
The Birds Directive requires the EU Member States to take actions to ensure the sustainable existence of wild European avifauna species (all birds that inhabit a given area, environment, or live in any particular region or epoch). Annex I to the Directive provides for an obligation to protect 180 bird species that are becoming extinct or threatened with extinction, mainly as a result of adverse changes in their typical habitats. This is intended to ensure their survival and reproduction in the area of their occurrence (Art.4.1 and Art. 4.2 of the Birds Directive; Kaźmierska-Patrzyczna, 2013, p. 114). The second piece of legislation, the Habitats Directive, obliges the EU countries to protect the natural habitat types of plant and animal species as an essential measure to preserve populations in their natural environment. Annex I to the Directive specifies the number of habitats, including priority habitats, whose protection requires the designation of SACs due to their rarity and endangerment. In addition, Annex II lists species of fauna and flora covered by SACs, including priority species. In accordance with the provisions of the Habitats Directive, each Member State should contribute to the creation of Natura 2000 in proportion to the occurrence in its territory of natural habitat types and species habitats, by designating sites constituting SACs (Art. 4 and 5 of the Habitats Directive). In addition, Natura 2000 is a specific system comprised of the most valuable natural areas interconnected by ecological corridors, which does not replace the existing national protected area systems but complements them, providing a basis for preserving the natural heritage on a continental scale.
Natura 2000 In accordance with Art. 5.2.b, Natura 2000 site is a special bird conservation area, a special habitat conservation area, or an area of Community importance established to protect the population of wild birds or natural habitats or species of Community interest (Makomska-Juchiewicz and Tworek, 2003, p. 3). The definition is repeated in Art. 25.1, according to which the Natura 2000 network encompasses: special areas of conservation for birds (SACs), i.e. the areas designated, in accordance with the provisions of European Union law, to protect the population of wild birds of one or more species, within the boundaries of which the birds have favorable living conditions (Art. 5.3.3 NCA); special habitat protection areas (SPAs), i.e. the areas designated in accordance with the provisions of European Union law in order to establish permanent protection of natural habitats or populations of endangered species of plants or animals, or to restore the proper conservation status of natural habitats or species (Art. 5.19 NCA); areas of Community importance, i.e. some special areas of habitat protection approved by the decision of the European Commission, which significantly contribute to the preservation or restoration of the biogeographic region (Art. 5.2c NCA).
The procedure for designating Natura 2000 sites consists of several stages. In Poland, in accordance with the provisions of the Nature Conservation Act, the authority competent for activities in this field is the minister in charge of the environment. In particular, the minister determines, through a regulation, the type of natural habitats and plant and animal species in need of protection, as well as the criteria for the selection of areas eligible for designation as sites of Community importance and for designation as special areas of habitat conservation, as well as areas eligible for designation as special bird protection areas, with a view to preserving particular valuable or endangered components of biodiversity (Górski, 2009, p. 527). Moreover, the minister is required to submit to the European Commission, after approval by the Council of Ministers, a list of proposed sites of Community Importance and Special Protection Areas (SPAs), in addition to providing an estimate of EU co-financing of protection (Ciechanowicz-McLean, 2006, p. 55). Special habitat conservation sites are designated by the minister upon agreement with the European Commission. Designation of new SPAs and SACs, as well as modifications or liquidation of already existing protection areas, requires the agreement of the minister in charge of the environment with the minister in charge of agriculture, the minister in charge of rural development, the minister in charge of fisheries and the minister in charge of water management. When issuing a regulation on this issue, the minister for the environment is obliged to specify the name, administrative location, area and map of the site, the objective and the subject of protection.
The primary aim of the Natura 2000 network is to ensure consistent and effective protection of ecosystems by ensuring biological heterogeneity, halting the destruction of natural habitats and ensuring large-scale protection of wild animals and plants (Szymańska and Zębek, 2010, p. 182). Natura 2000 obliges EU Member States to preserve the diversity of both species and habitats identified as a priority for Europe for future generations. The primary objective of the Natura 2000 network was therefore to protect Europe's natural heritage and to pursue the idea of sustainable development across the European Union (Symonides, 2003, pp. 3-4).

Rural Development Programme 2014-2020
The Pursuant to the European Union regulations, the Programme is integrated into the overall system of the country's development policy, in particular, through the Partnership Agreement mechanism. This agreement sets out a strategy for the use of EU funds in pursuit of the common EU objectives set out in the EU growth strategy "Europe 2020 -A strategy for smart, sustainable and inclusive growth", with due regard for the development needs of the Member State concerned. There should be also mentioned here Polish subject related acts, e.g. the Announcement of the Minister The main objective of the RDP 2014-2020 is to improve the competitiveness of agriculture, sustainable management of natural resources and climate action, and sustainable territorial development of rural areas. The total public funding allocated to its implementation amounts to more than EUR 13.6 billion, of which more than EUR 8.6 billion is from the European Union budget, and more than EUR 4 billion from national contributions. The programme implements all six priorities set for the EU rural development policy for the period 2014-2020, namely: facilitating knowledge transfer and innovation in agriculture, forestry and rural areas; improving the competitiveness of all types of agriculture and enhancing farm viability; improving the organization of the food chain and promoting risk management in agriculture; restoring, protecting and strengthening ecosystems dependent on agriculture and forestry; supporting resource efficiency and the transition to a low-carbon and climate-resistant economy in the agricultural, food and forestry sectors, increasing social inclusion, reducing poverty, and promoting economic development in rural areas.

Agri-environmental schemes
Agri-environmental schemes have been introduced in all EU member states, playing a key role in the implementation of nature conservation plans. They are designed to help to implement the European Ecological Network Natura 2000. In the legislation of the European Communities, agri-environmental schemes appeared for the first time in 1985 -Green Paper, a document setting out the policy objectives for a new phase of environmentally sensitive structural policy in agriculture (Perspectives for the Common Agricultural Policy -Green Paper COM (85) 333, 15 July 1985; Klisowska, 2001, p. 74). Agri-environmental schemes primarily perform an ecological function consisting in the promotion of agricultural production systems conducted in a manner consistent with the requirements of biodiversity protection, water protection or counteracting soil erosion (Król, 2013, p. 155). The main positive ecological effects of agri-environmental schemes concern: adaptation of the scope of protection to valuable natural habitats and species of plants and animals protected under the Habitats Directive and the Birds Directive; better identification of such habitats in the country and ensuring their monitoring; gradual natural restitution of habitats in unsatisfactory condition; adapting agricultural activities to environmentally valuable areas of national parks or Natura 2000 areas (Król, 2012, pp. 167-92).
In Poland, farmers can use funds for agri-environment payments quite freely. Teams of agri-environmental advisors have been created to advise farmers on biodiversity conservation. Farmers themselves recognize the benefits of adapting agricultural production to the requirements of preserving the value of living nature (Głogowska, Wrana and Chmielewski, 2014, p. 78). The European Union's Common Agricultural Policy 2014-2020 consistently continues some support measures to motivate farmers to conduct agricultural activities in a way that benefits the environment and nature. Agri-environmental schemes vary in nature but are always based on a voluntary model. Following the conclusion of an agri-environmental commitment, the landowning party provides certain benefits in return for payments under the scheme. Payments are calculated to compensate the holder of agricultural land for the loss caused by the environmentally friendly use of the agricultural land, to offset the costs incurred, and to encourage participation in other support schemes (Głogowska, Wrana and Chmielewski, 2014, p. 78).
The Rural Development Programme 2014-2020 includes "Agri-Environment Climate Measure", under which agricultural producers and natural area managers (who have been assigned an identification number under the provisions of the national system of producers' records) can receive support for activities carried out in Natura 2000 areas if they make a five-year commitment under Package 4 "Valuable habitats and endangered bird species in Natura 2000 areas". The objective of this measure is to improve the living conditions of endangered bird species whose breeding habitats are linked to permanent grassland in special bird protection areas (SPAs), by adapting the use to the requirements of species nesting in meadows and pastures, and by extensification of operations in SPAs. The above-mentioned package is aimed at the extensification of farming, the use of appropriate quantities, and timing of swaths or grazing intensity on valuable natural habitats or habitats of endangered bird species located in Natura 2000 areas, which all have a positive impact on biodiversity. The payment is granted for permanent grassland or areas of non-agricultural land with natural habitat types or bird breeding habitats -the so-called "nature areas".
In accordance with the Regulation of the Minister of Agriculture and Rural Development of 18 March 2015 on the detailed conditions and procedures for granting financial assistance under the agri-environmental and climate measure covered by the Rural Development Programme for 2014-2020 (Journal of Laws of the Republic of Poland 2015, pos. 415 as amended) the requirements to be met under Package 4 include: the obligation to have an agri-environment plan; the obligation to have natural documentation prepared by a natural expert (with the exception for extensive use in SPAs) and the obligation to maintain all permanent grassland and landscape elements not used for agricultural purposes.
Payment under this package will be granted to farmers if they own agricultural land or natural areas situated within the territory of the Republic of Poland with an area of not less than 1 ha or, in the case of managers, if they own natural areas with an area of not less than 1 ha. The amount of payments in a given year is determined as the product of the payment rates (as defined in the Regulation) per hectare of land and the area of land to which the payment applies. The payments granted are subject to a degressive scale depending on the area declared for payment: 100% of the basic rate -for an area of between 0.10 ha and 50 ha; 75% of the basic rate -for an area above 50 ha up to 100 ha; 60% of the basic rate -for an area exceeding 100 hectares. Moreover, when applying for the first agri-environment-climate payment, the beneficiary is entitled to compensation for transaction costs incurred for drawing up natural documentation for natural habitats or bird breeding habitats if the conditions for granting a payment are satisfied (the amount of the reimbursement of transaction costs shall be determined in accordance with paragraph 1 of Annex 7 to the agri-environment-climate regulation, however, it may not exceed 20% of the amount of the first agri-environment-climate payment, the condition of which is the possession of natural environment documentation.
According to the provisions of RDP 2014-2020, under the support instrument "Investments in farms located in Natura 2000 areas", operations related to agricultural use of meadows and pastures and animal production, in terms of grassland animals, may be implemented. Aid under this type of operation is targeted at farmers in Natura 2000 sites and is intended to make it easier for agricultural producers to carry out their farming activities in compliance with the higher environmental standards applicable in these valuable natural areas. According to the provisions, a farmer who owns a holding where at least 1 hectare of permanent pasture is situated in the Natura 2000  Aid is granted for an operation consisting of an investment which will contribute to the maintenance and use of permanent grassland located in a Natura 2000 site, provided that the investment will not have a negative impact on the protection objectives of the Natura 2000 site, and it will not be contrary to mandatory measures laid down in plans of protection tasks or protection plans for the Natura 2000 site. In order to protect Natura 2000 sites, planning instruments are used, which include the above-mentioned plans of protection tasks and protection plans. In accordance with Article 31 of the Nature Conservation Act, a project of a plan of protection tasks for the Natura 2000 site will be drawn up by a managing body, i.e. the Regional Director of Environmental Protection (RDEP), for a period of 10 years. The legislator imposed an obligation on the RDEP to prepare and submit an evaluation of the implementation of the conservation of the area to the General Director of Environmental Protection every six years for the special habitat protection area and every three years for the special bird protection area (some detailed requirements in the context of preparation of a plan of protective tasks for Natura 2000 areas were included in the Regulation of the Minister of the Environment of February 17, 2010 on the preparation of a draft plan of protective tasks for the Natura 2000 area, Journal of Laws of the Republic of Poland 2010, no. 34, pos. 186 as amended). The plans for protection tasks are therefore temporary, as indicated in Article 28.12 of the Nature Conservation Act, according to which the RDEP regulation on the establishment of the plans of protection tasks for the Natura 2000 site is no longer valid if a protection plan is established for this area (Radecki, 2011, p. 150). On the other hand, the establishment of protection plans for Natura 2000 sites results from the need to maintain and restore the natural habitats, plant and animal species for which the area has been designated (the Regulation of the Minister of the Environment of 30 March 2010 on the preparation of a draft protection plan for the Natura 2000 area, Journal of Laws of the Republic of Poland 2010, no. 64, pos. 401 as amended). The protection plan project for the Natura 2000 site or part thereof is drawn up by the RDEP supervising the area (Zębek and Truszkowski, 2015, p. 357). Protection plans are established by the Minister of the Environment by way of a regulation for a period of 20 years, and they require public participation under the principles set out in Section III of Chapter 3 of the Act of 3 October 2008 on the provision of information on the environment and its protection, public participation in environmental protection, and on environmental impact assessments (Journal of Laws of the Republic of Poland 2008, pos. 1227 as amended).
According to the draft regulation under discussion regarding "Investments in farms located in Natura 2000 areas", preference for funding o will be given to farms with a large area of permanent grassland located in Natura 2000 sites (it also concerns environmentally valuable permanent grassland, referred to in the Regulation of the Minister of Agriculture and Rural Development of 9 March 2015 on the designation of environmentally valuable permanent grassland, Journal of Laws of the Republic of Poland 2015, pos. 348), and to operations including investments closely linked to the requirements that result for the farm from the plan of protection tasks or the Natura 2000 area protection plan. The catalogue of eligible costs to be reimbursed, as proposed in the draft regulation, covers the costs related to agricultural activities both in the field of plant and animal production. These costs include, among others, the purchase of machinery, plant and equipment used on permanent grassland and the construction (conversion, renovation with modernization) of livestock buildings or structures used for the production of grass-eating animals, together with the purchase of technical installations and equipment. During the period of implementation of the RDP 2014-2020, the aid limit is PLN 500,000 per beneficiary and per farm, except that in the case of operations not involving investments related to the construction or modernization of livestock buildings, or the adaptation of other existing buildings on the farm to livestock buildings, the limit is PLN 200,000. The level of reimbursement of eligible costs is 50 %, and in the case of operations carried out by young farmers the level is 60 %.
The analyzed support of a strictly investment nature contributes to the improvement of profitability of agricultural holdings, their competitiveness and the sustainability of their management. The analysis of data obtained through access to public information acquired in January 2021 from the Analysis and Reporting Department of the Agency for Restructuring and Modernisation of Agriculture (ARMA) indicates significant interest in this measure, especially in Podlaskie, Warmińsko-Mazurskie, Wielkopolskie and Mazowieckie voivodeships (Polish provinces). The reason for this was, among others, the existence of Natura 2000 sites and developed agricultural activity in these voivodships. However, it should be noted that the first call for financial assistance, which took place in 2017, enjoyed the greatest interest, while subsequent calls show a decrease in applications submitted to the ARMA.
In all calls for applications held in 2017, 2019, and 2020, a total of more than 4,600 beneficiaries applied for aid across Poland for an amount exceeding PLN 554 million. The high level of reimbursement of eligible costs (up to 60%) undoubtedly has an impact on the great interest in this form of aid. The analyzed form of support significantly influences the modernization of a farmer's workplace. Detailed characteristics are presented in Table 1 and Table 2.

Conclusions
The requirements of Natura 2000 sites do not entail the requirement to cease agricultural activities, given that in Poland, the cultivation method and structure of farms are crucial for maintaining high biodiversity. In addition, farmers may receive compensation or other forms of co-financing from the Rural Development Programme 2014-2020 if restrictions on farming activities have been introduced. Agri-environmental schemes are considered to be one of the most important mechanisms for achieving the Natura 2000 objectives in agricultural areas, which may be complemented by the new investment action under the RDP 2014-2020, i.e. "Investments in farms located in Natura 2000 areas". The European Environmental Network Natura 2000 is one of the most important forms of implementing sustainable development policy in the European Union. Consequently, the purpose of establishing protection areas is not to stop economic development in these areas, but to establish rules which ensure that the most valuable natural habitats are preserved despite the economic activities undertaken.
A practical aspect, within the framework of de lege ferenda postulates raised by the representatives of the legal doctrine, is the question of the degree of specificity in the legal regulation of the implementing regulations of individual instruments of support of RDP 2014-2020. It should be remembered that the regulation of the Minister of Agriculture and Rural Development is the third level in the hierarchy of sources of law. According to the principles of good legislation, the provisions of national law should not repeat the provisions of European law, and the provisions of the implementing regulations should not duplicate statutory provisions. According to pragmatic considerations (in particular the difficulty concerning the access to European law of the addressees of these norms -farmers), the basic prerequisites for granting support and the legal constructions for its implementation should be also incorporated in the national law. Taking into account rather poor awareness of legal culture of farmers-beneficiaries of the support, it is advisable that the implementing regulations should regulate the obligations of authorities and the rights of farmers-beneficiaries of the support in a detailed and elaborate manner. It should be also noted that the degree of specificity of legal regulation should vary depending on the legal mechanism applied in granting support. It is significant that the aid is granted under the various measures either by an administrative decision or on the basis of a contract with the beneficiary. It seems that it is possible to express the view that the legal regulation of those measures in which support is granted on the basis of a contract should give a wider margin of freedom to regulate mutual obligations under the principle of freedom of contract as a guiding principle of civil law.