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IDENTIFICATION, PROTECTION AND MANAGEMENT OF LANDSCAPES BASED ON NATURA 2000 (Directive 92/43/EEC) Sofia, Bulgaria, 30 November/1 December 2004. Institutional aspects of landscape conservation in natural areas (Hervé LETHIER, EMC²I). Introduction. What is a landscape ?

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slide1

IDENTIFICATION, PROTECTION AND MANAGEMENT OF LANDSCAPES

BASED ON NATURA 2000 (Directive 92/43/EEC)

Sofia, Bulgaria, 30 November/1 December 2004

Institutional aspects of landscape conservation

in natural areas

(Hervé LETHIER, EMC²I)

slide2

Introduction

  • What is a landscape ?
  • What is a natural area ?
  • What does institutional mean ?
slide3

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
slide4

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
slide5

What does « institutional » mean ?

(No legal definition)

  • 3 ASPECTS
      • - NORMATIVE (REGULATIONS)
      • - MATERIAL (PROGRAMMES)
      • ORGANIC (NETWORKS)
natura 2000 and landscape any links
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

preambule
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 »

art 3 3
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 »

art 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. »

art 10 end
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. »

to summarize
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
slide13

Institutional aspects

3 preliminarycomments

Landscapes and natural areas, an incongruous issue ?

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

From definition to characterization

slide14

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 ?
slide15

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
slide16

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
slide17

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)

slide18

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
slide19

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
slide20

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)
slide22

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 MABSTATUTORY FRAMEWORK (Art. 3 – FUNCTIONS)

slide23

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)

slide24

II-2 THE NETWORKS

II-2-1 THE NETWORKS THEMSLEVES

- THE PANEUROPEAN ECOLOGICAL NETWORK

« willcontribute 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. »

slide25

-THE EMERAULD NETWORK

(NON EU COUNTRIES)

- NATURA 2000 (EU COUNTRIES)

- BIOSPHERE RESERVES

II-2-2 WHICH REALITY ?

- PEOPLE AND AREAS

- LINKS AND EXCHANGES

slide26

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
slide27

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
slide28

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
slide29

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
ad