The European Landscape Convention

… and landscape protection in the EU and Germany : 

… and landscape protection in the EU and Germany The European Landscape Convention EU workshop RTP 26598 Rezekne, LV 17 April 2008 © Svetoslav P. Apostolov

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© Svetoslav P. Apostolov, 2008 All rights reserved. Reproduction is authorised under the Use Agreement terms and conditions.

What is a landscape? : 

What is a landscape? Some definitions: landscape: (picture of) inland scenery; branch of art dealing with this.[Oxford Advanced Learner’s Dictionary of Current English, 26th Impression 1987] landscape: 1 all the visible features of an area of land. 2 a picture representing an area of countryside. 3 the distinctive features of a sphere of intellectual activity.[Compact Oxford English Dictionary] landscape: 1 a large area of countryside, especially in relation to its appearance; 2 a view or picture of the countryside, or the art of making such pictures.[Cambridge Advanced Learner's Dictionary] landscape: 1 a: a picture representing a view of natural inland scenery b: the art of depicting such scenery; 2 a: the landforms of a region in the aggregate b: a portion of territory that can be viewed at one time from one place c: a particular area of activity.[Merriam-Webster’s Online Dictionary]

So, what IS a landscape?! : 

So, what IS a landscape?! The landscape: Component of the environment; State of the environment. The landscape: product of the human perception. changing concept and meaning, constant recognition. no borders.

Landscape Types : 

Landscape Types The landscape – an inseparable ensemble. Landscape classifications: need for landscape classifications; examples.

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The Ahaggar Plateau – southern Algeria (Source: Encyclopaedia Britannica).

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Canola field – Manitoba (Source: Encyclopaedia Britannica).

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Village – Andorra (Source: Encyclopaedia Britannica).

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“Landscape with Figures,” by Francesco Zuccarelli; in the Museo Poldi Pezzoli, Milan (Source: Encyclopaedia Britannica).

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Garden of the Master of Nets (Wang-shih Yüan) at Su-chou, Kiangsu province, Ming and Ch'ing dynasties (Source: Encyclopaedia Britannica).

Why protect the landscape? : 

Why protect the landscape? The landscape – a product of the interactions between nature and civilization. Human activities: 1) facilitate landscape development; 2) pose the greatest threat to its existence; 3) need for limits to human activities.

Important issues for landscape conservation : 

Important issues for landscape conservation Source: Science for Environment Policy, Issue 97/ 2008.

Landscape protection in Europe : 

Landscape protection in Europe Before the year 2000 – scattered and inefficient legislation: Convention on the conservation of European wildlife and natural habitats, 1979; European Cultural Convention, 1954; European Convention for the Protection of the Archaeological Heritage, 1969; Convention for the Protection of the Architectural Heritage of Europe, 1985. Need for a new legal act to integrate and upgrade the existing legislation.

European Landscape Convention I : 

European Landscape Convention I The European Landscape Convention (ELC): Commitments that are not legally binding but hold potential for morphing into a binding legal act in the future. 1) NOT European Union’s legal act; 2) the Union is NOT a contracting Party to the convention.

European Landscape Convention II : 

European Landscape Convention II international agreement; adopted on 20 October 2000 in Florence (Italy), came into force on 1 March 2004; 29 ratifications/accessions as of 11.04.2008; based on the “one landscape” concept; aims to protect the European cultural and natural heritage that shapes the common European landscape. protects natural and cultural components of the landscape without declaring monuments.

What role plays the European Landscape Convention in landscape protection? : 

What role plays the European Landscape Convention in landscape protection? First document dedicated exclusively to the protection, management and planning of the landscape at the European level. Two major aspects: acknowledgement of the value of all landscape components and their importance for ensuring the people’s well-being and identity. active participation of the public in the landscape perception and evaluation.

What are the major measures envisaged by the ELC? I : 

What are the major measures envisaged by the ELC? I Protection, management and/or planning of the landscape by means of general and specific measures at the national and international levels. A. General measures: At the national level – four directions of activities: legal recognition of the landscape. policy for landscape protection, management and/or planning. participation procedures for the general public. integration of the landscape policy. At the international level – co-operation between the Parties.

What are the major measures envisaged by the ELC? II : 

B: Specific measures – at the national, regional or local level: – Awareness-raising. – Training and education: a. specialist training; b. multidisciplinary training; c. school and university courses. – Identification and evaluation. – Landscape quality objectives. – Implementation. What are the major measures envisaged by the ELC? II

How is landscape protection represented in the EU’s legislation and policies? : 

How is landscape protection represented in the EU’s legislation and policies? The ELC is NOT an EU’s legal act, and the Union is NOT a contracting Party to the convention. The EU’s legislation and policies postulate protection of the European landscape. Legal instruments: Historically: Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment. Currently: Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (“Habitats Directive”); Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (“EIA Directive”) and Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (“SEA Directive”); Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside; Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme. "The Future of the CAP" – the EU’s decision to promote a “multifunctional agriculture” will also provide for “preserving rural culture and rural cultural heritage” and “providing valuable cultural landscapes”.

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora : 

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora Habitats Directive: 3 referrals to landscapes in connection to wild fauna and flora: Preamble: 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; Article 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, as referred to in Article 10. Article 10: Member States shall endeavour, where they consider it necessary, in their land-use planning and development policies and, in particular, with a view to improving the ecological coherence of the Natura 2000 network, to encourage the management of features of the landscape which are of major importance for wild fauna and flora. Such features are those which, by virtue of their linear and continuous structure … or their function as stepping stones … are essential for the migration, dispersal and genetic exchange of wild species.

Why is the Habitats Directive important? : 

Why is the Habitats Directive important? Links landscape to Natura 2000. Provides funding opportunities.

Other EU legal instruments : 

Other EU legal instruments Council Directive 97/11/EC of 3 March 1997 amending Directive 85/337/EEC on the assessment of the effects of certain public and private projects on the environment (“EIA Directive”) and Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment (“SEA Directive”). Council Regulation (EEC) No 2078/92 of 30 June 1992 on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside. Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme.

EU Financial Instruments : 

EU Financial Instruments Cohesion Fund – finances environment projects, incl. reforestation, erosion control and nature conservation measures; European Agricultural Fund for Rural Development (EAFRD) – contributes to achieving the following three objectives: improving the competitiveness of agriculture and forestry by means of support for restructuring; improving the environment and the countryside by means of support for land management; improving the quality of life in rural areas and encouraging diversification of economic activity. European Fisheries Fund (EFF) – introduces special aqua-environment measures, allowing compensation for the use of aquaculture production methods which are benign to the environment and the natural landscape. Financial Instrument for the Environment (LIFE+) – comprises three components: Nature and Biodiversity; Environment Policy and Governance; Information and Communication.

How is the European Landscape Convention presented in the Federal Republic of Germany? : 

How is the European Landscape Convention presented in the Federal Republic of Germany? 1. Formally, Germany is NOT a contracting Party to the ELC. 2. Landscape recognition and protection/ restoration.

Characteristics of German legislation : 

Characteristics of German legislation the legislative power is divided between the federation and the state level. the implementation of the legal provisions is also divided between the Federation and the Federal Lands.

Legal Basis : 

Legal Basis At the federal level: Federal Nature Conservation Act (Bundesnaturschutzgesetz, BnatSchG) of 2002. Other legal acts, e.g. the Federal Building Code (Baugesetzbuch, BauGB) of 2004. At the land (state) level: Federal Land’s Conservation Act.

Federal Nature Conservation Act I : 

Federal Nature Conservation Act I Art. 1 of the Federal Nature Conservation Act (Bundesnaturschutzgesetz, BnatSchG) of 2002: “… nature and landscape both inside and outside the areas of human settlement shall be conserved, managed, developed and, where necessary, restored, in order to safeguard on a lasting basis: 1. the functioning of the ecosystem and its services, 2. the regenerative capacity of the natural resources and their sustained availability for human use, 3. fauna and flora, including their natural habitats and sites, 4. the diversity, characteristic features and beauty of nature and landscapes, as well as their intrinsic value for human recreation.”

Federal Nature Conservation Act II : 

Federal Nature Conservation Act II Article 2 para. 1 - 15 principles of nature conservation and landscape management:  securing and protecting the ecosystem; rational and sustainable use of non-renewable natural resources; preventing or minimizing adverse environmental impacts; natural stocks existing within the areas of human settlement such as forest stands, streams, ponds and other ecologically significant smaller landscape structures shall be preserved and developed; natural landscape structures and their characteristic features shall be taken into account at the planning stage of stationary plants and structures, transport routes, power lines and similar projects.

Federal Nature Conservation Act III : 

Federal Nature Conservation Act III preserve the diversity, characteristic features and beauty of landscapes and prevent impairment of the values of landscape. preserve historic cultural landscapes or parts thereof. promote general awareness and understanding, ensure information exchange.

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German landscape evaluation results: 12,3% - “especially worthy of protection”; 9,6% - “worthy of protection”; 26,8% - “worthy of protection with deficiencies”.

Federal Nature Conservation Act IV : 

Federal Nature Conservation Act IV No explicit requirements to landscape protection in the designated protected areas.

Federal Nature Conservation Act V : 

Federal Nature Conservation Act V The Federal Act – framework for legislation to be developed by the Federal Lands: Article 2 para. 3: the Federal Lands (Bundesländer) can supplement the above basic principles and establish additional ones. Article 6: the Federal Lands are responsible to lay down corresponding legal provisions and to: regulate the involvement of other authorities. lay down rules and regulations concerning information dissemination. 3. Article 9: the Federal Lands can lay down more stringent or more extensive rules and regulations. 4. Article 13 para. 2: the Federal Lands shall lay down rules and regulations on landscape planning and the applicable procedure in conformity with the provisions of Articles 13 to 17 of the Act (on landscape planning and management).

Federal Nature Conservation Act VI : 

Federal Nature Conservation Act VI The requirements and measures of nature conservation and landscape management are set out in landscape programmes (Landschaftsprogramme), landscape framework plans (Landschaftsrahmenpläne) and in landscape plans (Landschaftspläne). Supra-local requirements and measures of nature conservation and landscape management are set out in landscape programmes covering the entire territory of a Federal Land, or in landscape framework plans, each relating to a specific area of the Federal Land (at the region or district level), to be drawn up for the entire territory of the Federal Land concerned. Local requirements and measures relating to nature conservation and landscape management are set out in detail for every municipality in a landscape plan designed on the basis of the landscape programme or the landscape framework plans. When preparing its landscape programmes and plans, a Federal Land must not compromise nature conservation and landscape management in the territory of neighbouring Federal Lands and in the Federal Republic of Germany as a whole, as well as the interests of nature conservation and landscape management in neighbouring countries. In case that, in view of the prevailing natural conditions, it is necessary to plan beyond the territory of a single Federal Land, the neighbouring Lands concerned must consult with each other to jointly define the requirements and measures for the area concerned when drawing up their landscape programmes and plans.

Landscape protection in Saarland : 

Landscape protection in Saarland Saarland’s Nature Protection Act (Saarländisches Naturschutzgesetz). Saarland’s Nature Protection Strategy (Saarländische Naturschutzstrategie).

Conclusions I : 

Conclusions I The landscape: is our “living heritage”. is an individual perception. promotes solidarity. provides common ground for nature and culture protection. promotes sustainable development.

Conclusions II : 

Conclusions II The European Landscape Convention: promotes the legal protection, management and planning of the European landscape and organises European co-operation in this area. applies to the entire territory of the contracting Parties and covers natural, rural, urban and peri-urban areas. concerns landscapes that might be considered outstanding, common or degraded. creates wide real understanding and appreciation of the importance of the subject, of the values, threats and solutions by means of awareness-raising and education. promotes democracy and seeks common solutions: the concrete support and involvement of various groups is vital to the protection of the common natural and cultural heritage. seeks to protect the quality of life and well-being of Europeans in a sustainable development perspective.

Conclusions III : 

Conclusions III Landscape protection and the European Landscape Convention: any country can protect its landscape; landscape protection: - develop special [framework] law; - integrate landscape considerations into other national legislation and policies. financial support exists; participation of the general public in the development and implementation of landscape protection legislation and policies.

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