29.12.2004 Official Journal of the European Union L 387/1 (Acts whose publication is not obligatory) COMMISSION COMMISSION DECISION of 7 December 2004 adopting, pursuant to Council Directive 92/43[EEC, the list of sites of Community importance for the Atlantic biogeographical region (notified under document number C(2004) 4032) (2004/813[EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Having regard to Council Directive 92/43/EEC of 21 May 1992 4 That information includes the most recent and definitive map of the site transmitted by the Member State in ques- tion, the site’s name, location and extent, and the data yielded by application of the criteria specified in Annex III to Directive 92/43/EEC. on the conservation of natural habitats and of wild fauna and () On the basis of Fhe draft list drawn up by the Commission flora ("), and in particular the third subparagraph of Article 4(2) mn ggreemer}t Wlt.}l_ each of the .Meml?er.States concern.ed, thereof which also identifies sites hosting priority natural habitat ’ types or priority species, a list of sites selected as sites of Community importance should be adopted. Whereas: (6)  Knowledge of the existence and distribution of the natural (1) The Atlantic biogeographical region referred to in habitat types and species is constantly evolving as a result Article 1(c)(iti) of Directive 92/43/EEC comprises the entire of the surveillance in accordance with Article 11 of Direc- territory of Ireland, the Netherlands and the United King- tive 92/43EEC. Therefore, the evaluation and selection of dom, and parts of Belgium, Denmark, France, Germany, sites at Community level was done using the best available Portugal and Spain, as specified in the biogeographical information at present. map approved on 23 October 2000 by the Habitats Com- mittee set up under Article 20 of the Directive. (7)  According to the settled case-law of the Court of Justice of (2)  For that region, lists of sites proposed as sites of Commu- the European Communities ‘to produce a dr.aft list of sites nity importance within the meaning of Article 1 of Direc- of Community importance, capable of leading to the cre- tive 92/43/EEC have been transmitted to the Commission ation of a coherent Eurppean ecologlca.l n.etwork of spe- between March 2002 and July 2004, by the Member States c1al. areas of conservation, the Colmmlss1.0n must .have concerned, in accordance with Article 4 (1) of the Directive. available an exhaustive list of the sites which, at national level, have an ecological interest which is relevant from the point of view of the directive’s objective of conservation of (3)  The lists of proposed sites were accompanied by informa- natural habitats and wild fauna and flora. (...) Only in that tion on each site, supplied in the format established by Commission Decision 97/266/EC of 18 December 1996 concerning a site information format for proposed Natura 2000 sites (?). () OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation way, moreover, is it possible to realise the objective, in the first subparagraph of Article 3(1) of the directive, of main- taining or restoring the natural habitat types and the spe- cies’ habitats concerned at a favourable conservation sta- tus in their natural range, which may lie across one or more frontiers inside the Community (3).’ (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1). () OJ L 107, 24.4.1997, p. 1. (®) Judgment of 11 September 2001, Case C-71/99 Commission v Germany [2001] ECR. 1-5811, points 27 and 28