institutional aspects of landscape conservation in natural areas (hervé lethier, emc²i)

1

Institutional aspects of landscape conservationin natural areas

(Hervé LETHIER, EMC²I)

IDENTIFICATION, PROTECTION AND MANAGEMENT OF LANDSCAPES

BASED ON NATURA 2000 (Directive 92/43/EEC)Sofia, Bulgaria, 30 November/1 December 2004

2

Introduction

What is a landscape ?

What is a natural area ?

What does institutional mean ?

3

What is a landscape ?

«  AN AREA, AS PERCEIVED BY PEOPLE, WHOSE CHARACTER IS THE RESULT OF ,THE ACTION AND INTERACTIONS OF NATURAL AND/OR HUMAN FACTORS »

Art. 1 ELC

4

What is a natural area ?

« TERRESTRIAL AND AQUATIC AREAS DISTINGUISHED BY GEOGRAPHIC, ABIOTIC AND BIOTIC FEATURES, WHETHER ENTIRELY NATURAL OR SEMI-NATURAL »

ART. 1 HFF

5

What does « institutional » mean ?

3 ASPECTS

- NORMATIVE (REGULATIONS)- MATERIAL (PROGRAMMES)- ORGANIC (NETWORKS)

(No legal definition)

6

NATURA 2000 and landscape, any links ?

• Landscape is not in the mandate of the UE

and UE is not party to the ELC

• But more than 500 000 official references of « landscape » may be found on the UE Web site

and 3 mentions in Dir. 92/43

7

NATURA 2000 and landscape more details

• Preambule

• Art. 3

• Art. 10

8

Preambule

« …whereas land-use planning and development policies should encourage the management of features of the landscape which are of major importance for wild fauna and flora »

9

Art. 3.3

« Where they consider it necessary, Member States shall endeavour to improve the ecological coherence of NATURA 2000 by maintaining and where appropriate developing, features of the landscape which are of major importance for wild fauna and flora »

10

Art. 10

« Member States shall endeavour, where they consider it necessary, in their land-use planning and development policies, in particular, with a view to improving the ecological coherence of the NATURA 2000, to encourage the management of features of the landscape which are of major importance for wild fauna and flora. »

11

Art. 10 (end)

« Such features are those which, by virtue of their linear and continuous structure … or their functions as stepping stones …. are essential for the migration, dispersal and genetic exchange of wild species. »

12

To summarize

Landscape must be taken into account

• When it is considered necessary• To improve the ecological coherence of natura

2000• By encouraging the management of its features

(structure and functions)• When it is of major importance for wild fauna

and flora• And essential for their migration, dispersal and

genetic exchange

13

Institutional aspects

3 preliminary comments

Landscapes and natural areas, an incongruous issue ?

Landscape, an anthropomorphic approach, what is beautiful and/or true

From definition to characterization

14

1) Landscape and natural areas, an incongruous issue ?

• Landscape, a merging between Nature and Culture• Does a « natural landscape » has a meaning ?• Does « Nature » has still a meaning ?• Does management of a « natural landscape » has a meaning ?• What is the difference between Nature and Biodiversity ?

15

2) Landscape, an anthropomorphic approach, what is beautiful and/or true ?

• a dynamic concept, in space and in time - natural evolutions - cultural representations

• a relative concept, - what landscape is considered as aesthetic

- what lanscape is considered as authentic

16

3) From definition to characterization

• ELC (art. 1) gives definitions of what is the meaning of :

- a landscape policy- landscape objectives- a landscape protection- a landscape management- a landscape planning

• There is no provision, on what universal criteria must be used for characterizing landscape units

17

PROBLEMATIC

ON AN INSTITUTIONAL POINT OF VIEW,

THE PERCEPTION WE HAVE OF THE « CHARACTER » OF LANDSCAPE AND ITS GENERAL CONSIDERATION BY THE STAKEHOLDERS, STILL STAY WEAK AND VAGUE (PART 1)

BUT SOME VALUABLE PROGRESSES HAVE BEEN MADE TO GIVE MORE SENSE AND TO FACILITATE A BETTER UNDERSTANDING OF LANDSCAPE, IN TERMS OF LEGISLATION AND ORGANISATION (PART 2)

18

PART 1 A DIFFICULT PERCEPTION OF LANDSCAPE

I-1 A GROWING POLITICAL CONCERN

- FROM DOBRIS (1991), FINAL REPORT, CHAP. 8- TO SOFIA (1995), THE PAN EUROPEAN STRATEGY FOR

THE BIOLOGICAL AND LANDSCAPE DIVERSITY (PESBLD)

- FROM THE EL CONVENTION (2000) - TO THE OTHER EU POLITICAL COMMITMENTS

• THE 6TH EU ENVIRONMENTAL ACTION PROGRAMME (2001), ART. 6 : « TO ENSURE THE CONSERVATION AND THE APPROPRIATE RESTAURATION OF THE ESTHETIC VALUE OF LANDSCAPE … »

• COM/2001/0031

19

I-2 A LANDSCAPE MORE AND MORE PRESENT, WITH THE RISK TO STAY INVISIBLE

- - EX 1 THE COUNCIL OF EUROPE• 6 CONVENTIONS• 13 RECOMMANDATIONS• 8 RESOLUTIONS • 31 PUBLICATIONS

- EX 2 THE EUROPEAN UNION TOOLS• AGRO-ENVIRONMENTAL MEASURES

(REG n°2078/92/EEC)• LIFE • INTERREG II AND III

20

EX 3 : « PROGRAMMES » ON LANDSCAPE

- PESBLD « process » (Kiev, 2003)• ELC ANT ITS FOLLOW UP (CONF/2003/INF/23)• KIEV RESOLUTION ON BIODIVERSITY

(ECE/CEP/108)• GUIDING PRINCIPLES FOR SUSTAINABLE

SPATIAL DEVELOPMENT, OF THE EUROPEAN

CONTINENT AND ITS FOLLOW UP (CONF/2003/INF/24)

- OTHER ACTION PROGRAMMES • ENVIRONMENTAL PROGRAMME FOR THE

DANUBE RIVER BASIN/STRATEGY 1995-2005• ENVIRONMENTAL PROGRAMME FOR

EUROPE/UN ECE• WWF GREEN DANUBE (1 PROJECT CONCERNS

BULGARIA)

21

22

II A NORMATIVE AND ORGANISATIONAL DEVELOPMENTS OF LANDSCAPE

II-1 LEGISLATION

II-1-1 THE SITUATION OF THE INTERNATIONAL AND EUROPEAN REGULATION

- NO EXPLICIT MENTION OF LANDSCAPE IN THE BIODIVERSITY CONVENTION - IDEM IN THE RAMSAR CONVENTION, BUT Res.

C.9.19 DEDICATED TO THE CULTURAL VALUES, INCLUDING LANDSCAPE- IDEM IN THE WH CONVENTION, BUT 30

RECORDS IN THE « ORIENTATIONS »- MENTIONS IN THE REGULATION OF THE EUROPEAN DIPLOMA (Res. 98/29 COE) AND ITS

EXPLANATORY NOTE (§ 3.5) - MENTIONS IN THE MAB STATUTORY

FRAMEWORK (Art. 3 – FUNCTIONS)

23

II-1-2 THE EU REGULATION - 1ST MENTION OF LANDSCAPE : DIRECTIVE N°85/337/EEC ON THE ASSESSMENT OF THE

EFFECTS OF CERTAIN PUBLIC AND PRIVATE PROJECTS

ON THE ENVIRONMENT- NO MENTION IN THE BIRD DIRECTIVE (79/409)- HFF (art. 3 AND 10)

II-1-3 AT THE REGIONAL SCALE- DECLARATION ON THE COOPERATION FOR THE CREATION OF A LOWER DANUBE GREEN CORRIDOR (2000) (BULGARIA, MOLDOVA,

ROMANIA, UKRAINE)- AGREEMENT FOR THE CREATION AND THE MANAGEMENT OF A CROSS-BORDER

PROTECTED AREA (MOLDOVA, ROMANIA, UKRAINE)

24

II-2 THE NETWORKS

II-2-1 THE NETWORKS THEMSLEVES

- THE PANEUROPEAN ECOLOGICAL NETWORK

« will contribute to achieving the main goals of the Strategy by ensuring that a full range of ecosystems, habitats, species and their genetic diversity, and landscapes of European importance are conserved; habitats are large enough to place species in a favourable conservation status » and build a « coherent assemblage of areas representing the natural and semi-natural landscape elements that need to be conserved or managed in order to ensure the favourable conservation status of the ecosystems, habitats, species and landscapes of European importance across their traditional range. »

25

- THE EMERAULD NETWORK (NON EU COUNTRIES)

- NATURA 2000 (EU COUNTRIES)

- BIOSPHERE RESERVES

II-2-2 WHICH REALITY ?

- PEOPLE AND AREAS

- LINKS AND EXCHANGES

26

TO CONCLUDE

GENERAL COMMITMENTS OF THE PARTIES TO THE EUROPEAN LANDSCAPE CONVENTION

(ART. 5)

- TO RECOGNIZE LANDSCAPE IN LAW

- TO ESTABLISH AND IMPLEMENT LANDSCAPE POLICIES

- TO ESTABLISH PROCEDURES FOR THE PARTICIPATION OF THE GENERAL PUBLIC

- TO INTEGRATE LANDSCAPE INTO THEIR REGIONAL AND TOWN PLANNING POLICIES

27

TO CONCLUDE

GENERAL COMMITMENTS OF THE PARTIES TO THE EUROPEAN LANDSCAPE CONVENTION

(ART. 5)

- TO RECOGNIZE LANDSCAPE IN LAW

- TO ESTABLISH AND IMPLEMENT LANDSCAPE POLICIES

- TO ESTABLISH PROCEDURES FOR THE PARTICIPATION OF THE GENERAL PUBLIC

- TO INTEGRATE LANDSCAPE INTO THEIR REGIONAL AND TOWN PLANNING POLICIES

28

1) TO RECOGNIZE LANDSCAPE IN LAW

- TO BECOME PARTY THE ELC (BULGARIA SIGNATURE/201000 ; RATIFICATION/241104 ; ENTRY IN FORCE/010305) - TO MAKE THE INTERNAL LAW CONSISTENT WITH THE ELC

- TO HAVE A SPECIFIC LEGISLATION ON LANDSCAPE ?

2) TO ESTABLISH, IMPLEMENT LANDSCAPE POLICIES

- VISION

- STRATEGY

- ACTION PROGRAMME

- CAPACITY BUILDING

- FUNDINGS

29

3) TO ESTABLISH PROCEDURES FOR THE PARTICIPATION OF THE GENERAL PUBLIC

- MEETINGS, PLATE-FORMS, EXCHANGES

- AWARENESS, CONSULTATIONS

- MEASURES ADAPTED TO THE LOCAL SITUATIONS

4) TO INTEGRATE LANDSCAPE INTO THEIR REGIONAL AND TOWN PLANNING POLICIES

- SUBSIDIARITY

- TRANSVERSALITY

- INTEGRATION

- COOPERATION

30

31