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Rapid Policy Assessment
for the Alps Ecoregion
Prepared by Olivia Bina
September 2000
WWF Alpine Programme
Contents
1. Introduction
1.1 The Scope of the Project
1.2 Structure of the Report
2. The “Biodiversity” Policy Scene 6
2.1 Defining the study area 6
2.2 Overview 6
2.3 Review of selected Instruments - a) International instruments 11
2.3.1 Convention on Biological Diversity (CBD) 11
2.3.2 Ecological networks - focus on the Pan-European Biological and Landscape Diversity Strategy (PEBLDS) 14
2.3.3 European Landscape Convention 19
2.4 Review of selected Instruments- b)European Union Instruments 20
2.4.1 The Natura 2000 Network 20
2.4.2 European Community Biodiversity Strategy 21
2.4.3 The European LIFE Regulation 22
2.5 Conclusions 24
3. Convention on the Protection of the Alps 26
3.1 Introduction 26
3.2 The Protocols 27
3.2.1 Catalogue of Alpine Data Sources 29
3.3 CIPRA’s Role and Action Plan 29
3.4 Problems and Obstacles 30
3.5 Conclusions and Future Outlook 31
4. The “Sectoral” Policy Scene 33
4.1 Defining the study area 33
4.2 Funding mechanisms for regional development 35
4.2.1 The Structural Funds and other mechanisms 35
4.2.2 Development funds for the Alps and other mountain regions 36
4.2.3 The Funds and Natura 2000 37
4.2.4 Community Initiatives – INTERREG III 37
4.2.5 European Spatial Development Perspective (ESDP) 40
4.2.6 Conclusions - problems and opportunities 40
4.3 Agriculture, Rural Development and Forestry 41
4.3.1 Introduction 41
4.3.2 The European Common Agriculture Policy (CAP) and the Rural Development Regulation 42
4.3.3 Conclusions - Problems and Opportunities 44
4.3.4 Forestry 46
4.4 Transport 48
4.4.1 Introduction 48
4.4.2 Some key initiatives and opportunities for action 51
4.4.3 Conclusions - Problems and opportunities 53
4.5 Greenhouse Gases and Climate Change Issues 54
4.5.1 Introduction 54
4.5.2 Research 56
4.5.3 Conclusions 57
5. Identification of Needs and Possible Way Forward 59
5.1 Needs and Opportunities - Concluding Remarks 58
5.2 Other areas of possible research 61
5.3 Some forthcoming events: 62
ACRONYMS…………………………………………………………………………………………….63
REFERENCES…………………………………………………………………………………………...64
DOCUMENT SOURCES AND GENERAL INFORMATION FROM THE WEB………………..66
ANNEX 1 Contacts……………………………………………………………………………………..67
ANNEX 2 List of Potential Alpine-CDS Organisations…………………………………………….70
ANNEX 3 Infra-Eco Network Europe (IENE)……………………………………………………….80
ANNEX 4 Interreg II – Examples in Alpine Region………………………………………………...98
Acknowledgements
Special thanks to the following experts, who have provided comments and important sources of information for this study:
Martin Price, Peter Oggier, Annalie Bambour, Sandra Jen, Helen Zitzewitz, Andreas Grüsse, Jean-François Drevet, Christian Hey, Riccardo Priore, Gianluca Silvestrini, Marguerite Trocmé.
1. Introduction
1.1 The Scope of the Project
The Policy assessment (PO) is intended to provide an initial overview of the legal and policy framework, which is of relevance to the conservation and enhancement of biodiversity in the Alpine region. It should lead to a broad identification and analysis of policies and legislation[1] which:
· Protect and enhance biodiversity;
· Negatively affect biodiversity; and
· Deserve or require further assessment in order to fully understand their impact and effectiveness.
The study therefore distinguishes between two broad categories of international, European and national policies and legislation:
· “Biodiversity” policies - designed to make a direct positive contribution to the conservation and enhancement of biodiversity, and
· “Sectoral” policies - economic and sectoral policies refer to the way governments define, regulate and implement measures in key economic areas such as agriculture or transport. Depending on the weight given to biodiversity and environmental considerations during the development of a sectoral policy, the resulting policy may lead to a negative impact and pressure, or it can benefit (mainly indirectly) biodiversity conservation.[2]
The PO is designed to contribute to a wider analysis, which includes a biodiversity assessment and a socio-economic assessment. Its analysis of the current policy context provides WWF with an overview of key themes and opportunities for future action, which will feed into discussions on the future Alpine Programme, on WWF’s priorities and its potential role in the region.
1.2 Structure of the Report
The Report is divided into five main sections:
Section 1 - Introduction
Section 2 - The Biodiversity policy scene
Section 3 - The Convention on the Protection of the Alps
Section 4 - The Sectoral policy scene
Section 5 - Identification of needs for policy strengthening or change.
The Alpine Convention has been treated as a separate section since it relates to both nature conservation and sectoral policies.
2.The “Biodiversity” Policy Scene
2.1 Defining the study area
The Biodiversity assessment (Grabherr et al. 2000) has identified a series of pressures affecting biodiversity in the Alps through the:
· Impoverishment and loss of habitats;
· Habitat fragmentation; and
· Decreasing animal and plant populations and loss of species.
The assessment recommends focusing conservation efforts around the protection and restoration of remaining large wilderness areas.
The choice of relevant policies and regulations for the Policy assessment had to reflect the above problems and priorities identified in the Biodiversity assessment. This was achieved through the definition of the following criteria of relevance:
1) Positive contribution to the integrity of wilderness areas (large natural areas);
2) Restoration of wilderness areas (large natural areas);
3) Protection and enhancement of Protected Areas;
4) Conservation of large carnivores;
5) Conservation of other species;
6) Contribution to the protection of ecological processes (e.g. migrations, water cycle, climate change).
The next sections will focus on international and European policies and regulations addressing these criteria. They will include legislative instruments for biodiversity conservation and policy frameworks for nature conservation where principles, approaches and actions are proposed in an international context, for example, the Council of Europe.
2.2 Overview
Since the early 1970s there has been a wide range of policy frameworks and legal instruments for the conservation of species, habitats and landscapes. More recently, there has been a move to encompass sustainability in nature conservation policy, for example in the case of the Pan-European Biological and Landscape Diversity Strategy (see below). This is considered very important for mountain areas such as the Alpine region, which often require a complex range of measures and functions to maintain their ecological, social and economic balance.
The instruments considered particularly relevant to this study, and in relation to the biodiversity criteria presented above, are summarised in Table 2.1.
The next Sections present a brief introduction and analysis of the state of implementation of the main biodiversity policies and regulations. Where possible, comments are made on their effectiveness in reaching their original objectives to date, on some of the difficulties encountered, and the challenges that still need to be met in order to ensure that the policy or international convention can achieve its objectives. The analysis is based on existing literature and a number of telephone interviews.
Section 2.3 looks in detail at some international instruments, and Section 2.4 analyses European Union instruments.
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Table 2.1 Overview of International Legal Instruments and Policy Frameworks relevant to Biodiversity Conservation in the Alpine Region
Title / Details: (1)a) Co-ordinating body
b) Year adopted (in force)
c) Geographic scope / Main Objective(s)
-brief summary- / Six Biodiversity criteria (2) for policy relevance
D= policy has direct relevance
I = policy has indirect relevance /
/ 1 / 2 / 3 / 4 / 5 / 6 /
Ramsar Convention / a) Ramsar Convention Bureau
b) 1971(1975)
c) Global / “Convention on Wetlands of International Importance especially as Waterfowl Habitat”
· to promote designation of wetlands for nature conservation / D / D / D / I
CITES – Washington Convention / a) UNEP/CITES b) 1973 (1975)
c) Global / “Convention on International Trade in Endangered Species of Wild Fauna and Flora”
· Parties ban commercial international trade in an agreed list of endangered species
· Parties regulate and monitor trade in other species that might become endangered / D / D
European Regulation on Wildlife Trade and the Implementation of CITES / a)European Commission
b)1997 (1997) / Although the EU is not a Part to the Convention, it has fully implemented it through its Regulations (no. 338/97 and 939/97) / D / D
Bonn Convention / a) UNEP
b) 1979 (1983)
c) Global / “ Convention on the Conservation of Migratory Species of Wild Animals”
· provides framework for migratory species and their habitats by means of strict protection and international agreements
· Parties to work together to provide strict protection for endangered migratory species listed in Appendix I to the Convention
· Parties to conclude multilateral agreements for the conservation and management of migratory species listed in Appendix II
· Parties to undertake co-operative research activities. / I / I / D / D / D
Bern Convention
(see also Emerald Network and Habitats Directive, below) / a)Council of Europe
b)1979 (1982)
c)Council of Europe / “Convention on the Conservation of European Wildlife and Natural Habitats”
· To protect flora and fauna and their habitats
· Parties to promote international co-operation in their conservation efforts
· Parties to take all appropriate measures to ensure conservation of habitats, and to integrate such measures in their planning and development policies, and pollution control / I / I / D / D / D
Birds Directive / a)European Commission
b)1979 (1981)
c)EU / Imposes strict legal obligations on EU MSs:
· to maintain populations of naturally occurring wild birds at levels corresponding to ecological requirements
· to take special measures to conserve the habitat of certain listed threatened species through designation of Special Protection Areas
· to regulate trade in birds
· to limit hunting and prohibit certain methods of capture and killing / D / D / D / D / D
Convention on Biological Diversity / a)United Nations
b)1992
c)Global / · To conserve biological diversity
· To promote the sustainable use of biodiversity components and
· the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources. / D / D / D / D / D / D
Habitats Directive
(Natura 2000)
(see also Birds Directive, above) / a)European Commission
b)1992
c)EU / · To establish a common framework for the EU territory for the conservation of animals, plants and natural habitats
· To create a network of designated Special Areas of Conservation (Natura 2000) to maintain or restore, at favourable conservation status, natural habitats and species of Community interest (Annexes I & II). / D / D / D / D / D / D
LIFE Regulation / a)European Commission
b)2000
c)EU / · To provide financial support for the implementation of the EC Birds and Habitats Directives in 3 areas of action: nature, environment and third countries
· LIFE-Nature supports action to maintain and restore habitats and species listed in both Directives. / I / I / I / I / I / I
European Community Biodiversity Strategy / a)European Commission
b)1998
c)EU / · To anticipate, prevent and attack the causes of significant reduction or loss of biodiversity at the source
· Sets objectives for sectors and policy areas
· Aims to develop action plans for selected sectors/policy areas. / D / D / D / D / D / D
Pan-European Biological and Landscape Diversity Strategy / a)Council of Europe and UNEP
b)1995
c)Pan-European / · To reinforce the implementation of existing international conventions and national legislation on biodiversity and landscape, and identify additional actions that need to be taken over the next two decades
· To provide a framework to promote a consistent approach and common objectives for national and regional action to implement the Convention on Biological / D / D / D / D / D / D
Emerald Network / a)Council of Europe
b)1996
c)Council of Europe / Bern Convention Resolution no. 3 of 1996
· To set up a network which would include the Areas of Special Conservation Interest designated following Recommendation No.16, 1997
· To complement the EU Natura 2000 network, focusing on the CEE region. / D / D / D / D / D / D
Parks for Life / a)IUCN
b)1994/5
c)Europe / · To ensure adequate, effective and well-managed network of protected areas in Europe
· To conserve the full landscape and biological diversity of the continent. / D / D / D / D / D / D
European Landscape Convention. / a)Congress of local and regional authorities, Council of Europe
b)1997 (2000 in Florence?)
c)Council of Europe / · To promote landscape protection, management and planning
· To organise European co-operation on landscape issues
· Parties will recognise landscapes in law
· Parties will establish and implement landscape policies aimed at their protection, management and planning
· Parties will integrate landscape into regional and town planning policies. / I / I
(1) = The main source for this column was ECNC 1998.
(2) = The six criteria are:
1) Positive contribution to the integrity of wilderness areas (large natural areas);
2) Restoration of wilderness areas (large natural areas);
3) Protection and enhancement of Protected Areas;
4) Conservation of large carnivores;
5) Conservation of other species;
6) Contribution to the protection of ecological processes (e.g. migrations, water, climate change).
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2.3 Review of selected Instruments - a) International instruments
2.3.1 Convention on Biological Diversity (CBD)
The Convention is considered one of the most significant recent developments in international law and international relations. The CBD aims to conserve biological diversity, promote the sustainable use of its components and the fair and equitable sharing of the benefits arising out of the utilisation of genetic resources (http://www.biodiv.org/). The Convention therefore presents many synergies with other biodiversity-related conventions, and information on this can be found at the following web site: http://www.biodiv.org/rioconv/websites.html.
All countries within the Alpine region have ratified the Convention. Indeed, all Member States and the European Commission itself are contracting parties to the CBD and thus, are required to implement all 42 articles. By developing their strategies and action plans they are contributing to the objectives of the convention, particularly for Articles 6 and 8 which require parties to: