biodiversity, protection of waters and protected areas: community interventions and action plan...

BIODIVERSITY, PROTECTION OF WATERS AND PROTECTED AREAS: COMMUNITY

INTERVENTIONS AND ACTION PLAN

B&P Avvocatiwww.buttiandpartners.com

[email protected]

UNIVERSITY OF PADUAFACULTY OF ENGINEERING

Second Cycle Degree in Environmental Engineering 2011-2012

INTERNATIONAL ENVIRONMENTAL LAW

1. Biodiversity;

2. Ramsar Convention on Wetlands;

3. Convention on Biological Diversity;

4. European sustainable development strategy (SDS);

5. The Cartagena Protocol on biosafety to the Convention of Biological Diversity;

6. The VI Environment Action Programme 2002-2012 (EAP);

7. The Biodiversity of Inner Waters;

8. European Directive 2000/60/EC establishing a framework for Community action in the field of water policy;

9.9. The European Marine Strategy Framework Directive (2008).The European Marine Strategy Framework Directive (2008).

Index

1. Biodiversity

Definitions (1)

Biodiversity is the degree of variation of life forms – plants and animals – within a given ecosystem or the entire planet.

It is also a measure of the health of biological systems.

It is in part a fuction of climate.

According to Biodiversity Convention biological diversity means “the variability among living organisma from all sources, including terrestrial, marine, and other aquatic ecosystems, and the ecological complexes of which they are part; this includes diversity within species and of ecosystems”.

• biological resources includes genetic resources, organisms or parts thereof, populations, or any other biotic component of ecosystems with actual or potential use or value for humanity;

• ecosystem means a dynamic complex of plant, animal and micro-organism communities and their non-living environment interacting as a functional unit;

…

Definitions (2)

• habitat means the place or type of site where an organism or population naturally occurs;

• protected area means a geographically defined area which is designated or regulated and managed to achieve specific conservation objectives.

Definitions (3)

Why is biodiversity important?

- It limits the effects of particular environmental risks such as climate change and parasite invasions;

- It is essential for long-term viability of farming and fishing activities;

- It forms the basis of various industrial processes and the production of new medicine;

- It assures a sustainable development;

- It is necessary to win poverty and to solve problems relating to health and environment.

Life on the Earth is possible thanks to the “services” that only ecosystems with a good functionality provide.

Services provided by the ecosystems

Which kind of services can an ecosystem provide?

1.1. Supply servicesSupply services, such as food, water, wood, fibres;

2.2. Regulation servicesRegulation services, such as stabilization of the climate, hydrogeological settlement, barrier to the diseases diffusion, recycle of wastes, water quality;

3.3. Cultural servicesCultural services, such as esthetic, recreational spiritual values;

4.4. Support servicesSupport services, such as formation of soil, photosynthesis, recycling of nutritious elements.

What are the damages that the loss of species, subspecies or variety cause?

Loss of species and its consequences

1.1.Ecological damagesEcological damages, due to the degradation of the ecosystems functionality;

2.2.Cultural damagesCultural damages, due to the loss of human knowledge linked to biodiversity;

3.3.Economic damagesEconomic damages, due to the reduction of potential genetic resources.

2. The Ramsar Convention on Wetlands (1)

Italian Decree no. 448/1976 implemented the Convention, and was amended in 1982 and 1987.

Definition of Wetlands: “wetlands are areas of marsh, fen, peatland or water, whether natural or artificial, permanent or temporary, with water that is static or flowing, fresh, brackish or salty, including areas of marine water in which the depth does not exceed six meters at low tide”.

The main dutiesmain duties of the Contracting Party:

- to designate suitable wetlands and to include them in the List of Wetlands of International Importance;

- to select these areas taking in account their international significance in terms of ecology, botany, zoology, limnology and hydrology;

- to consider its international responsibilities for the conservation, management and wise use of migratory stocks of waterfowl, both when designating entries for the List and when exercising its right to change entries in the List relating to wetlands within its territor; …


- to implement the obligations arising from the Convention especially for wetlands extending over the territories of the Contracting Party;

- to make every endeavour to coordinate and support present and future policies and regulations concerning the conservation of wetlands and their flora and fauna;

- to ensure that the responsibilities at all levels for wetlands management shall be informed of, and take into consideration, recommendations of such Conferences concerning the conservation, management and wise use of wetlands and their flora and fauna;

…


- to formulate and to implement their planning so as to promote the conservation of wetlands;

- to be informed about any changes of the wetlands in their territory as a result of technological developments, pollution or other human interference;

- to establish nature reserves on wetlands and to provide them for their wardening;

- to promote the training of personnel competent in the fields of wetland research, management and wardening.


A “continuing bureaucontinuing bureau” must be appointed by the majority of 2/3 of the members of the Convention in order to update the List of wetlands, to inform and to assist the Contracting Party themselves.

The International IUCN shall perform the continuing bureau duties. The Ramsar Convention, according to its article 9 “shall remain open for signature indefinitelyindefinitely”.

International Union for Conservation of Natural Resources:


CBD, known as the Biodiversity Convention, is an international treaty adopted in Rio de Janeiro in June 1992. It entered into force December 29, 1993.

On the same occasion were also adopted:

-the United Nations Framework Convention on Climate Change (UNFCCC);

-the Convention to Combat Desertification (CCD).

For this reason they are commonly called “the three Conventions of Rio”.

3. Convention on Biological Diversity (CBD)(1)

Main goals of the ConventionMain goals of the Convention:

• conservation of biological diversity or biodiversity;

• sustainable use of its components;

• fair and equitable sharing of benefits arising from genetic resources;

A fourth goal was added during the second Earth Summit in Joannesburg:

• the significant reduction of the loss of biodiversity within 2010.



During COP-10 the “Strategic Plan for Biodiversity for the Period 2011-2020”, together with its “Aichi Targets”, based on the objectives of the Convention was adopted.

It includes 20 headline targets for 2020.

Another innovative feature of the Covention is its explicit recognition of national sovereignty over national resources, which is used as an instrument for the protection of biodiversity. In fact, since biodiversity has an intrinsic economic value, the State:- will have interest to preserve those resources and to benefit from their use;- will try to prevent exploitation/extinction of such resources by others;- is under an obligation to apply the sustainability idea with regard to its own treatment of biological resources.

Art. 2 of the Convention provides for definitions of Biodiversity, Ecosystem, Habitat, Protected Area, Biological Resources.

The Ecosystem ApproachThe Ecosystem Approach

ItIt is a strategy for the integrated management of land, water, and living resources that promotes conservation and sustainable use in an equitable way. It is based on the concept that the productivity of an environmental system is related with its biodiversity.


The sustainable developmentThe sustainable development

The Rio Convention recognizes that trade and environment agreements should be mutually supportive with a goal of achieving sustainable development.

Sustainable development includes economic development, social development, and environmental protection.

Definition under CBD: “Sustainable development is he use of components of biological diversity in a way and at a rate that does not lead to the long-term decline of biological diversity, thereby maintaining its potential to meet the needs and aspirations of present and future generations”


Art. 6Art. 6: : General measures for conservation and sustainable useGeneral measures for conservation and sustainable use

Each Contracting Party shall:

(i) develop national strategies, plans or programs for the conservation and sustainable use of biological diversity or adapt for this purpose existing strategies, plans or programmes which shall reflect, inter alia, the measures set out in this Convention relevant to the Contracting Party concerned;

(ii) integrate, as far as possible and as appropriate, the conservation and sustainable use of biological diversity into relevant sectoral or cross-sectoral plans, programmes and policies.


Art. 7 - identification and monitoring:identification and monitoring:

(I) identify components of biological diversity important for its conservation and sustainable use having regard to the indicative list of categories set down in Annex I;

(II) monitor the components of biological diversity identified, paying particular attention to those requiring urgent conservation measures and those which offer the greatest potential for sustainable use;

(III) identify activities which have or are likely to have significant adverse impacts on the conservation and sustainable use of biological diversity, and monitor their effects;

(IV) maintain and organize these data.


Other main purposes of the Convention:Other main purposes of the Convention:

Article 10: Sustainable use of components of biological diversity;

Article 12: Research and training;

Article 13: Public education and awareness;

Article 14: Impact assessment and minimizing adverse impacts.


The The in situ in situ conservation (article 8)conservation (article 8)

Definition: “the conservation of ecosystems and natural habitats and the maintenance and recovery of viable populations of species in their natural surroundings and, in the case of domesticated or cultivated species, in the surroundings where they have developed their distinctive properties”


The Convention includes two strategies for the conservation of biological resources: in situ (art. 8), and ex situ (art. 9) conservation.

Art. 8 Art. 8 requires parties, as far as possible and as appropriate, requires parties, as far as possible and as appropriate, to establish protected areas and to develop appropriate to establish protected areas and to develop appropriate legislation in order to conserve biological diversity and legislation in order to conserve biological diversity and ensure the ensure the sustainable use.

Other main points of the in situ conservation:

- prevent the introduction of…alien species which threaten ecosystems, habitats or species;

- prevent the introduction of, control or eradicate those alien species which threaten ecosystems, habitats or species;

- cooperate in providing financial and other support for in situ conservation (…)



Ex situ measures (article 9) are considered complementary to in situ conservation. These measures may include activities of botanic gardens, aquaria, gene banks, seed banks and others.

The overall aim of SDS is to identify and develop actions to enable the EU to achieve a continuous long-term improvement of quality of life through the creation of sustainable communities able to manage and use resources efficiently, able to tap the ecological and social innovation potential of the economy, and in the end, able to ensure prosperity, environmental protection and social cohesion.

Sustainable development stands for meeting the needs of present generations without jeopardizing the ability of futures generations to meet their own needs – in other words, a better quality of life for everyone, now and for generations to come.

4. The European sustainable development strategy (SDS)

The seven key priority challengeskey priority challenges of the SDS:

– Climate change and clean energy;

– Sustainable transport;

– Sustainable consumption and production;

– Conservation and management of natural resources;

– Public Health;

– Social inclusion, demography and migration;

– Global poverty and sustainable development challenges.



In July 2009 the Commission adopted the 2009 Review of EU SDS. It underlines that: in recent years the EU has taken into account the objective of sustainable development into a broad range of its policies; in particular, the EU has taken the lead in the fight against climate change and the promotion of a low-carbon economy; at the same time, unsustainable trends persist in many areas and the efforts need to be intensified.

The review launches a reflection on the future of the SDS.

Art. 1 – Objective: the Protocol contributes to ensuring an adequate level of protection in the field of the safe transfer, handling and use of “living modified organisms resulting from modern biotechnology”.

These organisms may have adverse effects on the may have adverse effects on the conservation and sustainable use of biological conservation and sustainable use of biological diversitydiversity.

The Protocol takes into account risks to human health.

5. The Cartagena Protocol on biosafety to the Convention of Biological

Diversity (1)

As the first articles demonstrate, the Cartagena Cartagena Protocol is a supplement to the CBDProtocol is a supplement to the CBD.

The aimThe aim of this protocol is to protect biological diversity from the potential risks posed by living modified organisms resulting from modern biotechnology.

And this aim is in accordance to the precautionary precautionary principleprinciple of the Rio de Janeiro Declaration on Environment and development (principle 15).


Diversity (2)

The Protocol applies to the transboundary movement, transit, handling and use of all living modified organisms that may have adverse effects on the conservation and sustainable use of biological diversity, taking also into account risks to human health (article 4).

Precautionary Principle: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as a reason for postponing cost-effective measures to prevent environmental degradation.


Diversity (3)

6.The VI Environment Action Programme 2002-2012 (EAP) (1)

The VI EAP has been adopted by the European Parliament and the Council on 22nd July 2002.

It takes a broad look at the environmental challenges and provides a strategic framework for the Commission's environmental policy up to 2012.

The mid-term review of the 6th EAP was adopted by the Commission on the 30th April 2007. The mid-term review of the 6th EAP has confirmed that the Programme remains the correct framework for Community action in the field of the environment up to 2012.

Four priority areas:• Climate change;• Nature and biodiversity;Nature and biodiversity;• Environment and health;• Natural resources and waste.

The VI EAP promotes full integration of environmental protection requirements into all Community policies and actions and provides the environmental component of the Community's strategy for sustainable development.

The objective is to obtain the environment protection without damaging the European objectives for growth, competitiveness and employment.

6. The VI Environment Action Programme

2002-2012 (EAP) (2)

7. The Biodiversity of Inner Waters (1)

• Inner waters systems can be constitute of salt water or fresh water inside the continental or insular borders. They include lakes, rivers, ponds, springs, phreatic layers, alluvial flood plains, etc.

• These kinds of water systems are intensively used by human beings, therefore they are the most endangered.

Possible uses of inner waters:Possible uses of inner waters:• Supplies of water;• Production of energy;• Free-time activities;• Tourism;• Keeping echosystems’ balance;• Nourishment for flora and fauna;

Etc.

7. The Biodiversity of Inner Waters (2)

With this Framework Directive, the EU provided for the management of:- inland surface waters;- groundwater; - transitional waters;- coastal waters.

8. European Directive 2000/60/EC 8. European Directive 2000/60/EC establishing a framework for Community establishing a framework for Community

action in the field of water policy (1)action in the field of water policy (1)



Scope of the Directive: prevent and reduce pollution; promote sustainable water use; protect the aquatic environment; improve the status of aquatic ecosystems; mitigate the effects of floods and droughts.

The Framework Directive provides plans and provides plans and programs of measures programs of measures for each body of water.



Main considerations of the European legislator (mentioned within Main considerations of the European legislator (mentioned within the Directive):the Directive):

• Water is not a commercial product like any other but, rather, a heritage which must be protected, defended and treated as such;

• Waters in the Community are under increasing pressure from the continuous growth in demand for sufficient quantities of good quality water for all purposes;

• It is necessary to develop an integrated Community policy on water;

• The supply of water is a service of general interest as defined in the Commission communication on services of general interest in Europe.



Main points of the Directive:

• This Directive aims at maintaining and improving the aquatic environment in the Community. This purpose is primarily concerned with the quality of the waters;

• This Directive is to contribute to the progressive reduction of emissions of hazardous substances to water;

• Protection of water status within river basins will provide economic benefits by contributing towards the protection of fish populations;

• Good water quality will contribute to securing the drinking water supply for the population;

• The objective of achieving good water status should be pursued for each river basin, so that measures in respect of surface water and groundwaters belonging to the same ecological, hydrological and hydrogeological system are coordinated.



Community water policy requires a transparent, effective and coherent legislative framework. The Community should provide common principles and the overall framework for action;

This Directive provides for such framework and coordinate, integrate, and further develop the overall principles and structures for protection and sustainable use of water in the Community, in accordance with the principles of subsidiarity;

Common principles are needed in order to coordinate Member States' efforts to improve the protection of Community waters;

Compliance with Council Directive 80/778/EEC concerning the quality of water intended for human consumption;

…


action in the field of water policy (5)action in the field of water policy (5)The Directive is based on these concepts/principles:

The polluter-pays principle;

Common environmental quality standards and emission limit values;

Identification of priority hazardous substances;

Pollution through the discharge, emission or loss of priority hazardous substances must cease or be phased out;

Member States should adopt measures to eliminate pollution of surface water by the priority substances, and progressively to reduce pollution by other substances.

The Directive is based on these concepts/principles:



Art. 2 provides with several definitions: “hazardous substances”, “priority substances”, “pollutant”, “emission limit value”, “water services”, etc.

According to art. 2:

Pollution means the direct or indirect introduction, as a result of human activity, of substances or heat into the air, water or land which may be harmful to human health or the quality of…ecosystems, which result in damage to material property, or which impair or interfere with amenities and other legitimate uses of the environment.

Hazardous substances means substances…that are toxic, persistent and liable to bio-accumulate (…).



Art. 16 - Strategies against water pollution: Strategies against water pollution: The European

Parliament and the Council shall adopt specific measures against

pollution of water by individual pollutants or groups of pollutants

presenting a significant risk to or via the aquatic environment, including

such risks to waters used for the abstraction of drinking water.

For those pollutants measures shall be aimed at the progressive

reduction and, for priority hazardous substances, as defined in Article

2(30), at the cessation or phasing-out of discharges, emissions and

losses [including an appropriate timetable for doing so].

Such measures shall be adopted acting on the proposals presented by

the Commission in accordance with the procedures laid down in the

Treaty.



The Directive was adopted in 2008, with the following scopes:

- to save European seas and oceans;

- to achieve the good environmental status of the EU’s marine waters by 2020;

- to achieve the full economic potential of oceans and seas in harmony with the marine environment, in line with the Water Water Framework Directive (2000).Framework Directive (2000).

The Marine Strategy Framework Directive constitutes the vital environmental component of the Union's future maritime policy, designed to achieve the full economic potential of oceans and seas in harmony with the marine environment.

9. The European Marine Strategy 9. The European Marine Strategy Framework Directive (2008) Framework Directive (2008)

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biodiversity, protection of waters and protected areas: community interventions and action plan...

Documents

biodiversity slide

conservation of wetlands

wetlands management

list of wetlands

cultural services

support services

suitable wetlands

definition of wetlands