Environmental Protection and the Origin of the European Ecological Network Natura 2000

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1 Environmental Protection and the Origin of the European Ecological Network Natura 2000 Białystok,

2 1. Environmental protection in the international perspective Before we discuss the origin of Natura 2000 programme and its legal bases, it is good to shortly describe the general world practice concerning environmental protection. It is a relatively young but quickly developing area of law and other sciences. International environmental law is defined as a set of norms regulating rights and obligations of states regarding the use and protection of environment by the very states, their bodies or other entities acting in their name or with their authorization 1. The first regulations of environmental law were created in Europe. A Convention of 1781 concluded between the king of France and the prince-bishop of Basel on protection of forests and birds of prey on their borderline areas is regarded as the earliest international agreement concerning environmental protection 2. Since then, many programmes, conventions and treaties, with a variety of subjects and applications, have been created. It is so because of an increase in awareness of people, who notice the degradation of natural environment by the development of civilization. The 1960s and 1970s were crucial in that respect. It was then that many agreements related to ecology were concluded. The most significant event was the Stockholm Conference, which took place from 05/06 to 16/ It resulted in the adoption of the Stockholm Declaration on the Human Environment. In the declaration, 26 general principles of international environmental law were formulated, which established foundations for its further development. Since then, the issue of environmental protection has been treated as the interest of international community, not only individual states or regions 3. Another important world conference took place in Rio de Janeiro in 1992, with the motto Environment and Development. During the summit, preparation of a global sustainable development strategy was discussed and the following documents were adopted: 1 G. Grabowska, Człowiek i środowisko w prawie międzynarodowym, Państwo i Prawo 1996, no. 1, pp Z. Bukowski, Prawo międzynarodowe a ochrona środowiska, Toruń 2005, p G. Grabowska, Człowiek i środowisko, op.cit.,, p

3 1) Rio Declaration on Environment and Development, 2) Agenda 21, 3) Forest Principles, 4) Convention on Biological Diversity, 5) United Nations Framework Convention on Climate Change 4. The European Union is, among others, a party to the Convention on Biological Diversity, including 42 articles. In the first article, the following objectives are pointed out: conservation of biological diversity, sustainable use of its components, fair and equitable sharing of benefits arising from genetic resources 5. They are supposed to ensure conservation of wildlife and sustainable use of biodiversity of species, habitats and ecosystems of our planet. All that is aimed at sustainable development 6. Especially that on the European continent there are many different natural regions which need special protection. Implementation of the assumptions of the convention and further international agreements related to biodiversity and realization of their provisions by the European Union affected the EU environmental policy and creation of Natura 2000 protected areas. 4 Z. Bukowski, Prawo międzynarodowe, op.cit., pp Convention on Biological Diversity, prepared in Rio de Janeiro on 5 th June 1992 (Journal of Laws Dz. U. of 6 th November 2002) Dz.U That concept has not been precisely defined yet. Commonly, the definition from the Brundtland Report is used, saying it is the development which fulfils the needs of current generations, without sacrificing the possibilities of future ones. 3

4 2. Biodiversity of Europe and its threats Europe is a relatively small continent, as it takes only 5% of the land surface of our planet. Nevertheless, it is characterised by surprisingly high biodiversity, resulting from climatic, topographical and geological differences. For centuries, nature has coexisted here with human activity. It affected the forming of landscapes and appearance of semi-natural habitats, whose existence depends on being used by people 7. All that determines the uniqueness of European nature. There are not many places in the world where on such a small area we can observe such lavish biodiversity. In the last century, the nature of Europe was exposed to increasing danger on the part of mankind. Quick development of cities, big investments and pollution cause animal populations to diminish and their natural habitats to disappear. It is estimated that currently about 42% of mammals, 15% of birds and 45 % of butterflies and reptiles are endangered, including one third of reptile, fish and bird species 8. It must be remembered that we do not live in vacuum, and the effects of negative influences on nature are often perceptible beyond the areas where a harm was done (for example the Chernobyl disaster) or landscape was drastically changed. A border between countries is no barrier for air, water or pollution. It is here that close attention should be paid to effective conservation of nature, landscape and its riches. Hence, it is very important to cooperate for the sake of natural environment protection. Conservation of nature and retaining it in the form changed as little as possible for the next generations is really essential. Therefore, many countries began to legally regulate some issues concerning environmental protection. Unfortunately, despite those actions, a decrease of biodiversity on various levels of organization of life was observed on the whole European continent. It proved that a comprehensive mechanism was necessary to standardize the sustainable use of Europe s unique natural resources. 7 Natura Nasza europejska przyroda w 27 państwach członkowskich, Luksemburg 2009, p /03/2012 4

5 3. The European Union and environmental protection The area of the European Union covers a few climate zones. Its member states are located from the polar circle through snowy tops of the Alps to the warm waters of the Mediterranean Sea. In Europe, in order to achieve the assumptions of environmental protection policy, 9 biogeographical regions were marked off: the Alpine, Atlantic, Boreal, Black Sea, Continental, Macaronesia, Mediterranean, Pannonian and Steppic ones. This division of biological diversity of the continent, very simplified and generalized for the use of the Council of Europe and the European Commission, is supposed to facilitate the indication of the scope of regional cooperation in using the environment. Each region has its own specificity and when protecting the environment, it is important to take into consideration the biogeographical context 9. The European Union has only been paying attention to environmental protection for the last 30 years. Initially, the European Coal and Steel Community uniting 6 countries concentrated on the development of industry without consideration of its impact on the environment. The year 1970 proved to be crucial, as then the international community began to focus on the deepening destruction and degradation of the natural environment and its resources by human activity. Since then, care for animals, plants and landscapes of Europe has been an indispensable part of the Union s policy and sustainable development. When it became obvious that biodiversity was in danger, new legal regulations and financial instruments began to be created to support its preservation 10. Currently, environmental protection is one of more important areas of the law of the European Union. Retaining the nature in the state changed as little as possible is one of the main tasks of the united Europe. The Community aims at obtaining a high level of environment. It must be noted that the legislation of the European Communities regarding environmental protection is very rich. That policy, now more and more often referred to as ecological policy, must be unambiguously connected with the concept of sustainable economic development respecting natural environment, adopted by the international community. In the European Union, it is a multidimensional, comprehensive 9 Natura 2000 europejska sieć ekologiczna, ed. Jolanta Passini, Warszawa 1999, p EU focus on nature protection, European Commission, Luxembourg 2002, p.2. 5

6 and systemic issue. Article 11 of the TFEU mentions it as one of the fundamental principles of the functioning of the Union. It has the following content: Environmental protection requirements must be integrated into the definition and implementation ofthe Union policies and activities, in particular with a view to promoting sustainable development. This provision obliges all its member states to implement the policy of environmental protection 11. So-called Action Programmes are significant for the European environmental protection policy. Until 22 nd July 2012, the Sixth Communal Action Programme has been valid, regarding environmental protection. It is titled Environment 2010: Our Future, Our Choice. The seventh programme shall be titled A Better Environment for a Better Life. In the past, in particular years, the following programmes were applied: The First Action Programme The Second Action Programme The Third Action Programme The Fourth Action Programme The Fifth Action Programme Towards Sustainability (originally, it was to cover the years but was prolonged until 2000) 12. The communal law of the EU concerning environmental protection consists of about 200 various normative acts, established by the EU bodies, and about 30 international agreements ratified by the EU. In most cases those are very detailed legal regulations. In 1992, a collection of laws was drawn up and published, entitled Prawo ochrony środowiska Wspólnoty Europejskiej. The collection took seven volumes, each several hundred pages long (with supplements added in later years), organized by the subjective criterion. The sources of communal environmental law are divided as follows: Acquis communautaire, meaning the legal output of the European Community: written law (treaties and law established by the Union s bodies) unwritten law (commonly created general principles and basic laws) 11 M. M. Kenig-Witkowska, Międzynarodowe prawo środowiska. Wybrane zagadnienia., Warszawa 2011, p Zagadnienia i wytyczne dotyczące ochrony środowiska Unii Europejskiej, eds. G. Dębicka-Fobke, M. Jankowska 2004, p. 8. 6

7 ECJ decisions international agreements concluded by the Community and its member states with non-member states communal policies 13. In the beginning, the Treaties did not include any provisions referring to the environment. Regulations concerning environmental protection were based on other provisions of TEC, mainly those referring to the common market (Article 94 of TEC, former Article 100). The title Environment was first introduced into TEC by the Single European Act of 1986 (former Articles 130r-130t). It expressed the following principles: preventive action should be taken, the polluter should pay, environmental damage should as a priority be rectified at source and there should be a high level of protection. The Treaty on European Union (the Maastricht Treaty) of 1992 amended the title Environment and introduced the principle of prudence. The Amsterdam Treaty of 1999 introduced the principle of integration of environmental policies into sector policies (Article 6 of TEC). All the above-mentioned principles lead to another one, namely the principle of comprehensive protection. The goals of EU policy regarding natural environment were so determined in Article 191 section 1 of the Treaty on the Functioning of the European Union (TFEU): preserving, protecting and improving the quality of the environment, protecting human health prudent and rational utilisation of natural resources, promoting measures at international level to deal with regional or worldwide environmental problems, and in particular combating climate change. The EU institutions involved in environmental protection are among others: European Council Council of the European Union (Environment Council) European Parliament (Committee on Environment, Public Health and Consumer Policy) European Commission (esp. Environment Directorate) European Court of Justice (ECJ) and the Court of First Instance European Environment Agency (EEA) European Food Safety Authority (EFSA) 13 Z. Bukowski, Prawo ochrony środowiska Unii Europejskiej, Warszawa 2007, pp

8 European Chemicals Bureau (ECB) 14. The contemporary law of the European Union operates on two levels: the horizontal one and the sector one. The first one concerns the environment as a whole, and the second one is divided by areas of the environment or market economy branches 15. The horizontal regulations include: Environmental formations Environmental impact assessment Participation of the community in making decisions concerning the environment and access to the judiciary Eco-marking and eco-management Responsibility for damage to the environment Climate changes Sector regulations concern the following areas: Air Water Nature and biodiversity Waste Chemicals People s protection Industrial emissions Noise 14 Ibidem, M. Perkowski, T. S. Kiercel, Finansowanie polityki ochrony środowiska Unii Europejskiej, Białystok 2005, p

9 GMO Forests protection Soils. In the policy and activity of the European Union regarding protection of the environment and natural resources, supporting preservation of biodiversity is the priority. What is more, with sustainable development as the goal, economic, cultural and social needs of a given region are taken into consideration. Biodiversity may be defined as biological diversity, meaning a variety of all living organisms, coming, inter alia, from land ecosystems, sea and other water ecosystems and ecological complexes they belong to. It refers to diversity within a species, between different species and between ecosystems 16. One of the most important documents related to that issue is the newly-created EU Biodiversity Strategy to It concentrates on 6 priorities and its aim is: more efforts for conservation of species and their habitats, protection and recreation of ecosystems and restoring their functions, inclusion of biodiversity goals in areas of the EU policy: agriculture, forestry and fishery, control of invasive alien species, a bigger EU contribution to averting global biodiversity loss in the world. However, for many years, the key documents for preservation of nature and its biodiversity in the European Union have been two directives, the so-called Birds Directive and Habitats Directive, underlying the ecological network Natura Convention on Biological Diversity, prepared in Rio de Janeiro on 5 th June 1992 (Journal of Laws Dz. U. of 6 th November 2002) Dz.U

10 4. Natura 2000 In the second half of the 20 th century, increased economic development was observed in Europe. It considerably influenced the nature of the old continent. The grid of roads and highways cut through valuable habitats of rare plants and animals, agriculture polluted the environment with artificial fertilizers and pesticides, and new industrial centres devastated areas of high biological diversity. A decision was taken to provide special protection for the areas significant for the natural heritage. The year 1979 was an important year in creating future ecological network Natura In that year, the Convention on the Conservation of European Wildlife and Natural Habitats 17, also known as the Bern Convention, was adopted. The next important step was the adoption of the Birds Directive in the same year. In 1992, it was supplemented with the Habitats Directive, which obliged the member states of the EU to determine the network Natura The two above-mentioned acts are the European Union s way to perform the obligations imposed by the Rio Convention. The germ of the idea of consistent protection of greater natural spaces was the Maastricht Conference and the adoption of the Pan-European Biological and Landscape Diversity Strategy in Sofia in The Birds Directive 19 (now the Directive 2009/147/EC of the European Parliament and of the Council of 30 th November 2009 on the conservation of wild birds) is a law of the European Community obliging the member states to take applicable legislative, protective, control and monitoring actions. It is also the oldest and the most important document concerning environmental protection. Currently, the goals of the directive are to protect and conserve all populations of birds naturally occurring in wildlife, to regulate the principles of trade and obtaining birds of prey and to counteract unacceptable methods of catching and killing the birds. Pursuant to the directive, the government of each state should determine Special Protection Areas (SPAs), on the basis of lists of so-called Important Birds Areas 17 Journal of Laws Dz. U. No. 58 item A. Liro, A. Dyduch-Falniowska, M. Makomaska-Juchniewicz, Natura 2000 Europejska Sieć Ekologiczna, Narodowa Fundacja Ochrony Środowiska, Warszawa 2002, p The Directive 79/409/EEC of the European Parliament and of the Council of 2 nd April 1979 on the conservation of wild birds. 10

11 (IBAs 20 ), prepared by BirdLife International 21. Boggy areas of international importance are particularly significant. Birds were once considered the most importance group of organisms, because that class of intervertebrates has a special indicative meaning. It quickly reacts to environmental changes, and is specially treated both by professional biologists and amateur naturalists. The Habitats Directive in fact is aimed at preservation of biological diversity within the European territory of the member states of the European Union. It constitutes one of the most effective tools for realization of the provisions of the Bern Convention. It introduces activities similar to those resulting from the Birds Directive. However, it covers a much wider spectrum of endangered species (approx. 1,000) and establishes conservation of 230 habitat types. It is this directive that introduced the principles and creation of the Natura 2000 network 22. The network Natura 2000 is composed of two independently determined and described subsystems 23 : - Special Protection Areas (SPAs) 24 based on the Birds Directive, which automatically become part of the network - Special Areas of Conservation (SACs) based on the Habitats Directive, whose selection occurs in three stages: 20 Stage I member states prepare state lists of areas proposed for inclusion into the Natura 2000 network as a result of evaluation of nature of each state, conducted notwithstanding the existing system of protected areas; Stage I The European Commission judges which of those areas deserve to be deemed Sites of Community Importance (SCIs). The selected sites must be approved by representatives of all the member states of the EU and accepted by the Council of Ministers of the EU. More information on the organization can be found on the website: 21 Natura 2000 jako czynnik zrównowaŝonego rozwoju obszarów wiejskich regionu Zielonych Płuc Polski, sci. ed. A. Bołtromiuk, M. Kłodziński, Warszawa 2011, p Ochrona po europejsku, ed. A. Jermaczek, p Their determination is to be completed in Since 1994, they have been an integral part of the Natura 2000 network 11

12 Stage III member states shall give those sites the status of SCIs by The determined areas are given proper names, usually based on local geographical names and sometimes on the names of the main protected subjects. Besides, they are given letter and number codes (3 letters and 6 digits), indicating the country, the kind of area (the bird areas are marked with B, and the habitat areas, with H ), the region within the country (first 2 or 3 digits) and the number of the list of areas of a given kind in the region (last 1-3 digits). There may be various spatial relations between the two types of Natura 2000 areas. The habitat areas may not overlap with other habitat areas, they may, however, adjoin each other (and often it is desirable): it should promote the creation of associations between them, leading to the creation of a network. Similarly, the bird areas do not overlap with other bird areas but may be adjacent. Full or partial overlapping of the bird areas with the habitat areas is, however, quite natural. In nature, on the same territories, often coexist species of birds which need protection, endangered or rare species of other animals or plants (all of them require the conservation of habitats they live in) and endangered or specific natural habitats. The bird and habitat areas often overlap and sometimes are even completely the same and have the same boundaries; in such cases their codes are different they have the letter C instead of B and H (from common ) 26. What is more, coastal areas important for the whole Union may overlap. They are determined within biogeographical regions and individual sea basins (coasts of Europe and its islands). Natura 2000 is a pan-european network of areas with special natural values, which should be protected in various ways, and their development should be governed to a greater extent by the interests of natural environment and different organism groups. The requirement translates directly into economic, industrial, tourist, infrastructure and other restrictions. The main idea underlying the programme is to preserve natural habitats and the most valuable species. Their identification is an obligation of member states of the EU, which interchange 25 The deadline was postponed because member states had not managed to properly prepare all the areas. The creation of the network was anticipated before the end of June 2004, yet member states encountered difficulties with determination of protected areas, hence the whole procedure of creation was prolonged for a few years. For example in France the process was completed in _i_podstawy_ich_wyznaczania_, 24/03/

13 knowledge on that by means of the European Environment Agency 27. The purpose of creating the ecological network Natura 2000 is to optimize actions taken with the aim of protecting Europe s natural heritage. Besides, within the framework of this EU programme, educational tasks are taken, databases are prepared and scientific theories are drawn up. Cooperation with local communities is considered to be a very important element of that structure 28. Apart from strengthening the activities aimed at nature conservation, the establishment of Natura 2000 network may bring considerable economic and social benefits. It plays an important role in the functioning of ecosystems, supplying the food and wood sectors with products, creating new employment opportunities (e.g. eco-tourism), promoting local products, improvement of social stability and life conditions of residents and decreasing local environmental problems such as water pollution 29. Nowadays, this European ecological network is the most comprehensive and the best prepared network (from the point of view of legislation and politics) whose aim is to ensure sustainable existence of ecosystems 30. On the areas covered by Natura 2000, special economic and legal regulations apply. Each investment which might put a threat to the elements of the network must be subject to the procedure of environmental impact assessment. As for investments harmful for the crucial types of natural habitats or species, they can be realized only exceptionally, if there is a need of protecting human s health or public security. Such an investment must, however, have a measurable long-term effect and serve for more than one group of people. In that case, the member state is obliged to carry out compensation activities such as recreation of areas valuable from the point of view of nature in other places. The European Commission has to express its opinion on such investments The organization s website: 28 D. Piotrowski, J. Gawędzka, Ekorozwój jako istotny czynnik rozwoju regionalnego na przykładzie województwa podlaskiego [in:] B. Plawgo, Czynniki rozwoju regionalnego Polski Północno-Wschodniej, volume II, sci. ed. B. Plawgo, Białystok 2005, pp Ibidem, p Natura 2000 europejska sieć ekologiczna, ed. Jolanta Passini, Warszawa 1999, p default htmnapisz_zyczenia.htmlnap, 24/03/

14 5. Summary New world assumptions of environmental protection concentrate on sustainable development. The European Union, by creating the European Ecological Network Natura 2000, ideally fits into those international standards. What is more, it is the only continental system which comprehensively cares about preserving biodiversity and restoring species. But in practice, the functioning of the network creates many problems. It is so because Europe is a highly-urbanized area, where various forms of economic activity are conducted. Because of that, there are numerous conflicts between humans and the natural environment, as they two have to coexist. Management of the areas of Natura 2000 is then a great challenge for the member states of the European Union. In Poland, introduction of the network aroused many controversies. The problem was lack of knowledge on the network and negative public opinion, which only associated it with prohibitions. The reason for that was insufficient information on benefits and opportunities resulting from Natura 2000 and giving publicity to conflict situations such as the Rospuda case. Therefore, wise local policy, effective social communication and planned activities raising social awareness regarding environmental protection and Natura 2000 are necessary. After all, we should all care about stopping the devastation of our common heritage. Even more so because the existence of the European ecological network is not aimed at cessation of economic activity but only at rational use of natural resources and preserving nature s heritage for the future generations. 14

15 Bibliography Literature selection Bukowski Z., Prawo międzynarodowe a ochrona środowiska, Toruń Bukowski Z., Prawo ochrony środowiska Unii Europejskiej, Warszawa EU focus on nature protection, European Commision, Luxembourg G. Grabowska, Człowiek i środowisko w prawie międzynarodowym, Państwo i Prawo 1996, no. 1. Kenig-Witkowska M. M., Międzynarodowe prawo środowiska. Wybrane zagadnienia.natura Warszawa 2011 Nasza europejska przyroda w 27 państwach członkowskich, Luksemburg Liro A., A. Dyduch-Falniowska, M. Makomaska-Juchniewicz, Natura 2000 Europejska Sieć Ekologiczna, Narodowa Fundacja Ochrony Środowiska, Warszawa Natura 2000 europejska sieć ekologiczna, ed. Jolanta Passini, Warszawa Natura 2000 europejska sieć ekologiczna, ed. Jolanta Passini, Warszawa Natura 2000 jako czynnik zrównowaŝonego rozwoju obszarów wiejskich regionu Zielonych Płuc Polski, sci. ed. A. Bołtromiuk, M. Kłodziński, Warszawa 2011 Ochrona po europejsku, ed. A. Jermaczek. Perkowski M., Kiercel T. S., Finansowanie polityki ochrony środowiska Unii Europejskiej, Białystok Zagadnienia i wytyczne dotyczące ochrony środowiska Unii Europejskiej, eds. G. Dębicka-Fobke, M. Jankowska Websites selection