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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)
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Introduction
What is a landscape ? What is a natural area
? What does institutional mean ?
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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
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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
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What does  institutional  mean ?
(No legal definition)

• 3 ASPECTS
• - NORMATIVE (REGULATIONS)
• - MATERIAL (PROGRAMMES)
• ORGANIC (NETWORKS)

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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

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NATURA 2000 and landscape more details

• Preambule
• Art. 3
• Art. 10

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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 

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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 

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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. 

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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. 

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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

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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
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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 ?

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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

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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

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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)
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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

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• 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 n2078/92/EEC)
• LIFE
• INTERREG II AND III

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• 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)

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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)
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II-1-2 THE EU REGULATION - 1ST MENTION OF
LANDSCAPE DIRECTIVE N85/337/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)
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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. 
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- THE EMERAULD NETWORK (NON EU COUNTRIES)
- NATURA 2000 (EU COUNTRIES) - BIOSPHERE
RESERVES II-2-2 WHICH REALITY ? - PEOPLE
AND AREAS - LINKS AND EXCHANGES
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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

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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

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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

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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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