IDENTIFICATION, PROTECTION AND MANAGEMENT OF LANDSCAPES
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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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Institutional aspects of landscape conservation in natural areas herv lethier emc i

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)


Institutional aspects of landscape conservation in natural areas herv lethier emc i

Introduction

  • What is a landscape ?

  • What is a natural area ?

  • What does institutional mean ?


Institutional aspects of landscape conservation in natural areas herv lethier emc i

  • 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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

  • 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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Natura 2000 and landscape more details

NATURA 2000 and landscape more details

  • Preambule

  • Art. 3

  • Art. 10


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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

  • 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 ?


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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)


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

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


Institutional aspects of landscape conservation in natural areas herv lethier emc i

  • 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)


  • Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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)


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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)


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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. »


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    -THE EMERAULD NETWORK

    (NON EU COUNTRIES)

    - NATURA 2000 (EU COUNTRIES)

    - BIOSPHERE RESERVES

    II-2-2 WHICH REALITY ?

    - PEOPLE AND AREAS

    - LINKS AND EXCHANGES


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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


    Institutional aspects of landscape conservation in natural areas herv lethier emc i

    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


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