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BIODIVERSITY, PROTECTION OF WATERS AND PROTECTED AREAS: COMMUNITY INTERVENTIONS AND ACTION PLAN

UNIVERSITY OF PADUA FACULTY OF ENGINEERING Second Cycle Degree in Environmental Engineering 2011-2012. INTERNATIONAL ENVIRONMENTAL LAW. BIODIVERSITY, PROTECTION OF WATERS AND PROTECTED AREAS: COMMUNITY INTERVENTIONS AND ACTION PLAN. B&P Avvocati www.buttiandpartners.com

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BIODIVERSITY, PROTECTION OF WATERS AND PROTECTED AREAS: COMMUNITY INTERVENTIONS AND ACTION PLAN

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  1. UNIVERSITY OF PADUAFACULTY OF ENGINEERING Second Cycle Degree in Environmental Engineering 2011-2012 INTERNATIONAL ENVIRONMENTAL LAW BIODIVERSITY, PROTECTION OF WATERS AND PROTECTED AREAS: COMMUNITY INTERVENTIONS AND ACTION PLAN B&P Avvocati www.buttiandpartners.com Luciano.butti@buttiandpartners.com

  2. Index • Biodiversity; • RamsarConvention on Wetlands; • Convention on BiologicalDiversity; • Europeansustainabledevelopmentstrategy (SDS); • The Cartagena Protocol on biosafetyto the Convention ofBiologicalDiversity; • The VIEnvironmentActionProgramme 2002-2012 (EAP); • The BiodiversityofInnerWaters; • EuropeanDirective 2000/60/EC establishing a frameworkfor Community action in the fieldof water policy; • The European Marine StrategyFrameworkDirective (2008).

  3. 1. Biodiversity

  4. 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”.

  5. Definitions (2) • 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; • …

  6. Definitions (3) • habitatmeans 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.

  7. Why is biodiversity important? • It limits the effects of particular environmentalrisks 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.

  8. Services provided by the ecosystems Life on the Earth is possible thanks to the “services” that only ecosystems with a good functionality provide. •  Whichkindofservices can anecosystemprovide? • Supplyservices, suchasfood, water, wood, fibres; • Regulationservices, suchasstabilizationof the climate, hydrogeologicalsettlement, barrierto the diseasesdiffusion, recycleofwastes, water quality; • Cultural services, suchasesthetic, recreational spiritual values; • Supportservices, suchasformationofsoil, photosynthesis, recyclingofnutritiouselements.

  9. Loss of species and its consequences  What are the damages that the loss of species, subspecies or variety cause? • Ecological damages, due to the degradation of the ecosystems functionality; • Cultural damages, due to the loss of human knowledge linked to biodiversity; • Economic damages, due to the reductionof potential genetic resources.

  10. 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”.

  11. 2. The Ramsar Convention on Wetlands (2) • The main 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; …

  12. 2. The Ramsar Convention on Wetlands (3) • - 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; • …

  13. 2. The Ramsar Convention on Wetlands (4) • 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.

  14. 2. The Ramsar Convention on Wetlands (6) International Union for Conservation of Natural Resources: A “continuing bureau” mustbeappointedby the majorityof 2/3 of the membersof the Convention in orderto update the Listofwetlands, toinform and to assist the Contracting Party themselves. The International IUCN shallperform the continuing bureau duties. The Ramsar Convention, accordingtoitsarticle 9 “shallremain open forsignatureindefinitely”.

  15. 3. Convention on Biological Diversity (CBD) (1) • 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 FrameworkConvention on Climate Change (UNFCCC); • the Conventionto CombatDesertification (CCD). • For this reason they are commonly called “the three Conventions of Rio”.

  16. 3. Convention on Biological Diversity (CBD) (2) • Maingoalsof the Convention: • conservationofbiologicaldiversity or biodiversity; • sustainableuseofitscomponents; • fair and equitablesharingofbenefitsarisingfromgeneticresources; • A fourth goal wasaddedduring the secondEarth Summit in Joannesburg: • the significantreductionof the loss ofbiodiversitywithin 2010.

  17. 3. Convention on Biological Diversity (CBD) (3) • 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.

  18. 3. Convention on Biological Diversity (CBD) (4) Art. 2 of the Convention providesfordefinitionsofBiodiversity, Ecosystem, Habitat, Protected Area, BiologicalResources. The EcosystemApproach Itis a strategyfor the integrated management ofland, water, and living resourcesthatpromotesconservation and sustainableuse in anequitable way. Itisbased on the conceptthatthe productivityofanenvironmental system isrelatedwithitsbiodiversity.

  19. 3. Convention on Biological Diversity (CBD) (5) The 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”

  20. 3. Convention on Biological Diversity (CBD) (6) Art. 6: Generalmeasuresforconservation and sustainableuse EachContracting Party shall: (i) developnationalstrategies, plansor programsfor the conservation and sustainableuseofbiologicaldiversity or adaptforthispurposeexistingstrategies, plans or programmeswhichshallreflect, interalia, the measures set out in this Convention relevantto the Contracting Party concerned; (ii) integrate, as far aspossible and as appropriate, the conservationand sustainableuseofbiologicaldiversityintorelevantsectoral or cross-sectoralplans, programmes and policies.

  21. 3. Convention on Biological Diversity (CBD) (7) Art. 7 -identification and monitoring: (I) identifycomponentsofbiologicaldiversityimportantforitsconservation and sustainableusehavingregardto the indicative listofcategories set down in Annex I; (II) monitor the componentsofbiologicaldiversityidentified, payingparticularattentiontothoserequiringurgentconservationmeasures and thosewhichoffer the greatestpotentialforsustainableuse; (III) identifyactivitieswhichhave or are likelytohavesignificantadverseimpacts on the conservation and sustainableuseofbiologicaldiversity, and monitor theireffects; (IV) maintainand organizethesedata.

  22. 3. Convention on Biological Diversity (CBD) (8) Othermainpurposesof the Convention: Article 10: Sustainableuseofcomponentsofbiologicaldiversity; Article 12: Researchand training; Article 13: Public educationand awareness; Article 14: Impact assessmentand minimizingadverseimpacts.

  23. 3. Convention on Biological Diversity (CBD) (9) The Convention includes two strategies for the conservation of biological resources: in situ (art. 8), and ex situ (art. 9) conservation. The in situ conservation (article 8) Definition: “the conservationofecosystems and naturalhabitats and the maintenance and recoveryofviablepopulationsofspecies in theirnaturalsurroundings and, in the case ofdomesticated or cultivatedspecies, in the surroundingswheretheyhavedevelopedtheirdistinctiveproperties”

  24. 3. Convention on Biological Diversity (CBD) (10) • Art. 8 requiresparties, as far aspossible and as appropriate, toestablishprotectedareas and todevelop appropriate legislation in orderto conserve biologicaldiversity and ensure the sustainableuse. • Othermainpointsof the in situ conservation: • prevent the introductionof…alienspecieswhichthreatenecosystems, habitats or species; • prevent the introductionof, control or eradicatethosealienspecieswhichthreatenecosystems, habitats or species; • cooperate in providingfinancial and othersupportfor in situ conservation (…)

  25. 3. Convention on Biological Diversity (CBD) (11) 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.

  26. 4. The European sustainable development strategy (SDS) The overallaimof SDS istoidentify and developactionstoenable the EU toachieve acontinuouslong-termimprovementofqualityof lifethrough the creationofsustainablecommunitiesabletomanage and useresourcesefficiently, abletotap the ecological and social innovationpotentialof the economy, and in the end, abletoensureprosperity, environmentalprotection and social cohesion. Sustainabledevelopmentstandsfor meeting the needsofpresentgenerationswithoutjeopardizing the abilityoffuturesgenerationstomeettheirownneeds – in otherwords, a betterqualityof life foreveryone, now and forgenerationsto come.

  27. 4. The European sustainable development strategy (SDS) • The sevenkey prioritychallengesof the SDS: • Climatechange and cleanenergy; • Sustainabletransport; • Sustainableconsumption and production; • Conservation and management ofnaturalresources; • Public Health; • Social inclusion, demography and migration; • Global poverty and sustainabledevelopmentchallenges.

  28. 4. The European sustainable development strategy (SDS) • 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.

  29. 5. The Cartagena Protocol on biosafety to the Convention of Biological Diversity (1) Art. 1 – Objective: the Protocolcontributestoensuringanadequatelevelofprotection in the fieldof the safe transfer, handling and useof “living modifiedorganismsresultingfrommodernbiotechnology”. Theseorganismsmayhaveadverseeffects on the conservation and sustainableuseofbiologicaldiversity. The Protocoltakesinto account riskstohumanhealth.

  30. 5. The Cartagena Protocol on biosafety to the Convention of Biological Diversity (2) As the first articlesdemonstrate, the Cartagena Protocolis a supplementto the CBD. The aimofthisprotocolistoprotectbiologicaldiversityfrom the potentialrisksposedby living modifiedorganismsresultingfrommodernbiotechnology. And thisaimis in accordanceto the precautionaryprincipleof the Rio de Janeiro Declaration on Environment and development (principle 15).

  31. 5. The Cartagena Protocol on biosafety to the Convention of Biological Diversity (3) 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.

  32. 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.

  33. 6. The VI Environment Action Programme 2002-2012 (EAP) (2) • Fourpriorityareas: • Climatechange; • Nature and biodiversity; • Environment and health; • Naturalresources and waste. • The VI EAP promotes full integrationofenvironmentalprotectionrequirementsintoall Community policiesand actions and provides the environmentalcomponentof the Community's strategyforsustainabledevelopment. • The objectiveistoobtain the environmentprotectionwithoutdamaging the Europeanobjectivesforgrowth, competitiveness and employment.

  34. 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.

  35. 7. The Biodiversity of Inner Waters (2) • Possibleusesofinnerwaters: • Suppliesof water; • Production ofenergy; • Free-timeactivities; • Tourism; • Keepingechosystems’ balance; • Nourishmentforflora and fauna; • Etc.

  36. 8. EuropeanDirective 2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (1) • WiththisFrameworkDirective, the EU providedfor the management of: • inlandsurfacewaters; • groundwater; • transitionalwaters; • coastalwaters.

  37. 8. EuropeanDirective 2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (2) • Scopeof the Directive: • prevent and reduce pollution; • promotesustainable water use; • protect the aquaticenvironment; • improve the status ofaquaticecosystems; • mitigate the effectsoffloods and droughts. • The FrameworkDirectiveprovidesplans and programsofmeasuresforeach body of water.

  38. 8. EuropeanDirective 2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (3) • Main considerations of the European legislator (mentioned within 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.

  39. 8. EuropeanDirective 2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (4) • 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.

  40. 8. EuropeanDirective2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (5) The Directive is based on these concepts/principles: • 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; • …

  41. 8. EuropeanDirective2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (6) 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.

  42. 8. EuropeanDirective2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (7) 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 substancesmeans substances…that are toxic, persistent and liable to bio-accumulate (…).

  43. 8. EuropeanDirective2000/60/EC establishing a frameworkfor Community action in the fieldof water policy (8) Art. 16 - 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 reductionand, 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.

  44. 9. The European Marine StrategyFrameworkDirective (2008) • The Directivewasadopted in 2008, with the followingscopes: • tosaveEuropeanseas and oceans; • toachievethe goodenvironmental status of the EU’s marine watersby 2020; • toachieve the full economicpotentialofoceans and seasin harmonywith the marine environment, in linewith the Water FrameworkDirective (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.

  45. Thank you for your attention

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