THE ROLE OF EUNATURE DIRECTIVES AND

NATURA 2000 IN SHAPING EUROPEAN

NATURE CONSERVATION

Pierre DEVILLERS, Royal Belgian Institute of Natural SciencesCouncillor for the European Union, Vice Chair CMS Scientific Council

The two NATURE DIRECTIVES of the European Union

COUNCIL DIRECTIVE 79/409/EEC of 2 April 1979 on the CONSERVATION OF WILD BIRDS

COUNCIL DIRECTIVE 92/43/EEC of 21 May 1992 on the CONSERVATION OF NATURAL HABITATS AND OF WILD FAUNA AND FLORA

are outstanding pieces of legislation, without parallel anywhere else in the world.

They were pioneering instruments in their time, reflecting the proactive, courageous and visionary attitude of the Commission and its environment Directorate in matters of conservation of the natural heritage.

They remain fully effective and unequalled.

“The EU Habitats and Species Directive 1992 (council directive 92/43/EEC) and Birds Directive 1979 (council directive 79/409/EEC) are the most powerful pieces of conservation law in the UK”

The bird directive addresses all the aspects of the conservation and restoration of an entire group of organisms without a-priori restriction to any list dictated by a level of urgency or by economical significance.

ARTICLE 1 1 . THIS DIRECTIVE RELATES TO THE CONSERVATION OF ALL SPECIES OF NATURALLY OCCURRING BIRDS IN THE WILD STATE IN THE EUROPEAN TERRITORY OF THE MEMBER STATES TO WHICH THE TREATY APPLIES . IT COVERS THE PROTECTION , MANAGEMENT AND CONTROL OF THESE SPECIES AND LAYS DOWN RULES FOR THEIR EXPLOITATION . 2 . IT SHALL APPLY TO BIRDS , THEIR EGGS , NESTS AND HABITATS .

ARTICLE 5WITHOUT PREJUDICE TO ARTICLES 7 AND 9 , MEMBER STATES SHALL TAKE THE REQUISITE MEASURES TO ESTABLISH A GENERAL SYSTEM OF PROTECTION FOR ALL SPECIES OF BIRDS REFERRED TO IN ARTICLE 1 , PROHIBITING IN PARTICULAR : ( A ) DELIBERATE KILLING OR CAPTURE BY ANY METHOD ; ( B ) DELIBERATE DESTRUCTION OF , OR DAMAGE TO , THEIR NESTS ANDEGGS OR REMOVAL OF THEIR NESTS ; ( C ) TAKING THEIR EGGS IN THE WILD AND KEEPING THESE EGGS EVEN IF EMPTY ; ( D ) DELIBERATE DISTURBANCE OF THESE BIRDS( E ) KEEPING BIRDS OF SPECIES THE HUNTING AND CAPTURE OF WHICH IS PROHIBITED

For the first time, it separates clearly and completely conservation of habitats and protection against direct persecution.

ARTICLE 3 MEMBER STATES SHALL TAKE THE REQUISITE MEASURES TO PRESERVE , MAINTAIN OR RE-ESTABLISH A SUFFICIENT DIVERSITY AND AREA OF HABITATS FOR ALL THE SPECIES OF BIRDS.

ARTICLE 3 1 . MEMBER STATES SHALL TAKE THE REQUISITE MEASURES TO PRESERVE , MAINTAIN OR RE-ESTABLISH A SUFFICIENT DIVERSITY AND AREA OF HABITATS FOR ALL SPECIES OF BIRDS.

ARTICLE 4 1 . THE SPECIES MENTIONED IN ANNEX I SHALL BE THE SUBJECT OF SPECIAL CONSERVATION MEASURES CONCERNING THEIR HABITAT IN ORDER TO ENSURE THEIR SURVIVAL AND REPRODUCTION IN THEIR AREA OF DISTRIBUTION 2 . MEMBER STATES SHALL TAKE SIMILAR MEASURES FOR REGULARLY OCCURRING MIGRATORY SPECIES NOT LISTED IN ANNEX I , BEARING IN MIND THEIR NEED FOR PROTECTION, AS REGARDS THEIR BREEDING , MOULTING AND WINTERING AREAS AND STAGING POSTS ALONG THEIR MIGRATION ROUTES

It rightly emphasises the first, in particular for the most fragile species.

ARTICLE 4 MEMBER STATES SHALL CLASSIFY IN PARTICULAR THE MOST SUITABLE TERRITORIES IN NUMBER AND SIZE AS SPECIAL PROTECTION AREAS FOR THE CONSERVATION OF THESE SPECIES , TAKING INTO ACCOUNT THEIR PROTECTION REQUIREMENTS.IN RESPECT OF THE PROTECTION AREAS MEMBER STATES SHALL TAKE APPROPRIATE STEPS TO AVOID POLLUTION OR DETERIORATION OF HABITATS OR ANY DISTURBANCES AFFECTING THE BIRDS , IN SO FAR AS THESE WOULD BE SIGNIFICANT HAVING REGARD TO THE OBJECTIVES OF THIS ARTICLE .

It creates the concept of flexible Special Protection Areas, areas given a level and a scope of conservation and management appropriate to the biological values for which they have been designated

Article 4 also introduces the concept of network operation and evaluation, thus emphasising gamma-diversity, and a principle of land-use planning, with intensive measures inside SPAs and accompanying measures outside.

ARTICLE 4 MEMBER STATES SHALL SEND THE COMMISSION ALL RELEVANT INFORMATION SO THAT IT MAY TAKE APPROPRIATE INITIATIVES WITH A VIEW TO THE COORDINATION NECESSARY TO ENSURE THAT THE AREAS FORM A COHERENT WHOLE.

OUTSIDE THESE PROTECTION AREAS , MEMBER STATES SHALL ALSO STRIVE TO AVOID POLLUTION OR DETERIORATION OF HABITATS .

Most importantly, the bird directive imposes results rather than the procedures supposed to lead to them.

MEMBER STATES SHALL TAKE THE REQUISITE MEASURES TO MAINTAIN THE POPULATION OF THE SPECIES REFERRED TO IN ARTICLE 1 AT A LEVEL WHICH CORRESPONDS IN PARTICULAR TO ECOLOGICAL , SCIENTIFIC AND CULTURAL REQUIREMENTS .

MEMBER STATES SHALL TAKE THE REQUISITE MEASURES TO PRESERVE , MAINTAIN OR RE-ESTABLISH A SUFFICIENT DIVERSITY AND AREA OF HABITATS FOR ALL THE SPECIES OF BIRDS.

The Habitat Directive, for the first time, organises the protection of habitats as a surrogate for the entire biodiversity that constitutes them..

A COHERENT EUROPEAN ECOLOGICAL NETWORK OF SPECIAL AREAS OF CONSERVATION SHALL BE SET UP UNDER THE TITLE NATURA 2000. THIS NETWORK, COMPOSED OF SITES HOSTING THE NATURAL HABITAT TYPES LISTED IN ANNEX I AND HABITATS OF THE SPECIES LISTED IN ANNEX II, SHALL ENABLE THE NATURAL HABITAT TYPES AND THE SPECIES' HABITATS CONCERNED TO BE MAINTAINED OR, WHERE APPROPRIATE, RESTORED AT A FAVOURABLE CONSERVATION STATUS IN THEIR NATURAL RANGE.

Habitats are powerful integrators permitting to organise conservation in terms of a manageable number of units, without the postulate that flagship species are sufficient to represent the entire silent biodiversity.

Compared to the Bird Directive: Does not afford protection to all significant habitats and species.More emphasis on procedures, less on results.

Conservation climate and actions at the time of the conception and negotiation of

the Directives

Convergence of Science and Politics to create remarkable instruments

CONSERVATION OF THE NATURAL HERITAGE

ETHICAL AND CULTURAL PREOCCUPATION that goes back to the mid-XIX Century. Quickly accompanied by scientific structuring .

Principle of a regulated and documented selection of protected sites: Establishment of the first Nature Reserves

Fontainebleau 1843

Barbizon

1962-1969 Rachel Carson’s Silent SpringFirst IUCN World Parks Congress, Seattle 1962.

"National parks and reserves are an integral aspect of intelligent use of natural resources. It is the course of wisdom to set aside an ample portion of our natural resources as national parks and reserves, thus ensuring that future generations may know the majesty of the earth as we know it today."

PRESIDENT JOHN F. KENNEDY (1917-1963), speech, First World Conference on National Parks, Seattle, 23 June 1962

1970-1971 First European Nature Conservation Year, Council of Europe . First environment ministries (Bavaria, UK, France). Ramsar Convention on Wetlands. MAB Programme of UNESCO.

1972-1973 United Nations Conference on the Human Environment, Stockholm, 1972United Nations Environment Programme (UNEP) founded. The Club of Rome publishes its report Limits to Growth, prepared by MITProtection of the World Cultural and Natural Heritage (UNESCO 1972). Trade in Endangered Species of Wild Fauna and Flora (CITES), 1973. First Environmental Action Programme 1973-1976 of the EEC.

1974-1979Protection of the Mediterranean Sea Against Pollution (Barcelona, 1976)Conservation of European Wildlife and Natural Habitats (Bern, 1979)Convention on Migratory Species (Bonn, 1979)

1982World Charter for Nature (UN General Assembly).

The General Assembly,Aware that:(a) Mankind is a part of nature and life depends on the uninterrupted functioning of

natural systems which ensure the supply of energy and nutrients,(b) Civilization is rooted in nature, which has shaped human culture and influenced

all artistic and scientific achievements, and living in harmony with nature gives man the best opportunities for the development of his creativity, and for rest and recreation,

Convinced that:(a) Every form of life is unique, warranting respect regardless of its worth to man

Adopts, to these ends, the present World Charter for Nature, which proclaims the following principles

Ecosystems and organisms, as well as the land, marine and atmospheric resources that are utilized by man, shall be managed to achieve and maintain optimum sustainable productivity, but not in such a way as to endanger the integrity of those other ecosystems or species with which they coexist

The World Conservation Strategy 1980 CBD 1992

Emotion

Cultural, esthetic, ethical reactions

A proactive, passionate, convincing

force

Claus StuffmannRichard Geiser

Habitat Directive

Stanley Johnson

No congruence

Best SurrogateCORINE - BIOTOPES

1985 - CORINE biotopes project initiated to

enhance reliable and accessible information

about vulnerable ecosystems, habitats and

species

Development of a hierarchic catalogue of habitat types, with habitat descriptions, compatible with all existing systems of habitat classification and description.

1991

1991

Experience gained in the course of Implementation

Spectacular Results

Development and refinement of the Network Concept

Importance of Beta rather than Alpha diversity

Large areas with flexible regime for species of diffuse distribution

Key role of evaluationEvaluation methodologiesMonitoring schemesIndicators and indices

Compatibility conditions between conservation and hunting or other forms of exploitation.

Time overlaps

Small numbers

Importance of Incentives. ACE, ACNAT, LIFE.

Agro-environmental Regulations.

Results:

An impressive network of protection areas, many of them new, has been created.

Species, some of them spectacular species, are increasing

Large protected areas have been established

Several international conventions prolong beyond the borders of the Union the effects of the nature directives, and the Union has often been highly influential in their genesis and their evolution. Most noteworthy, because of thir strong component of field action, are CMS and the Bern Convention.

INTERNATIONAL CONVENTIONS

CMSBern

Convention on Migratory Species

Broad, thoughtful and innovative definition of migrationFocus on complex phenomena

Nomadic or far-foraging terrestrial mammalsMulti-habitat users such as batsObstacles to movements of fishes.

Emphasis on trans-border phenomena and the multi-lateral aspects of conservation

Unique role in dealing with the long distance movements of marine organisms much affected by risk factors operating in international waters

Large-scale, multinational co-operation on entire faunas that are of exceptional historical, cultural and eco-ethological value

Central EurAsian AridlandConcerted Action

Why has the natural heritage, in spite of these remarkable instruments, continued to erode and degrade?

Main causes underlying this decline are probably widespread, all pervasive phenomena

Fertilizing Precipitations

Expansion: human habitat, industrial terrain, communication network

Reduction: open habitats

Wooded spaces more or less preserved, with fragmentation.

Loss of ecotones between woodland and open areas

These processes illustrate the reasons why open areas fauna and flora have particularly suffered, as exemplified by farmland birds.

UnsustainableSPACE

Consumption

Loc. 1: 1950 diversity of space use, 1990 simplification of landscape.

In 1950, mosaic of fields and pastures, insterstitial spaces.

1950

1990

Fragmentation

Space Consumption, New Threats

Human population growthSpace consuming technologies Profit and market driven policies Exploitative ideologiesVirtual satisfactionsEconomy-obsessed discourse

Conservation and Restorationof the Natural Heritage

Cultural values,Emotion, Passion, Intellectual Curiosity

Cultural awarenessHeritage valuationEsthaetic appealHistorical identificationRevision of indicesSustainable developmentEcosystem servicesMinority rights

We need ambitious goals and a bold vision

REWILDING

Large mammals are an essential part of the cultural heritage of mankind, entirely comparable to the greatest monuments and repositories of knowledge. They are k Keystone species essential in preserving or promoting overall richness and diversity

Their disappearance has led to a grave impoverishment and loss of

originalityof patrimonial values.

They are the organisms whose affective and cultural perception is the most vivid, as amply demonstrated by their central role in the world of toys, their place in the inspiration of art, literature, entertainment, decoration, publicity and their pivotal importance in the attraction of tourism.

The alternative is a world of "pests and weeds" .

R & R DAS Visions of the Future. A New Golden Age for the Low Countries