First, the European policy framework for climate adaptation in the field of nature
conservation is discussed. Second, the adaptability of European Nature Conservation
and Water Law is evaluated. Third, the implementation of these provisions in central
European member states is compared. On this basis, fourth, the legal options and the
need for amendments are identified. Finally, the scope of future policy making and
legislation will be assessed.
9.2 Nature Protection in European Climate Change
Adaptation Policies
The European political context for adapting nature conservation to climate change
emerges from legislative initiatives and documents produced by the European
Council and the European Commission as well as from the literature on the effects
of climate change on biodiversity and on recommended means and approaches for
adaptation and mitigation (EC White paper on Adapting to Climate Change 2009,
1
EC Impact Assessment 2009,
2 EU Ad Hoc Working Group on Biodiversity and
Climate Change 2009,
3 Draft Guidelines on dealing with the impact of climate
change 2012,
4 EC Communication ‘Our life insurance, our natural capital’ 2011,
5
Biesbroek et al. 2010; Cliquet et al. 2009; Trouwborst 2009, 2011; Naumann
et al. 2011). Within this context the EU appears to have a solid biodiversity
conservation policy framework supported by such key instruments as the Birds
and Habitats Directives with the Natura 2000 Network, the EU Green Infrastructure
Strategy and the Water Framework Directive, in addition to other relevant regulations and documents reviewed, among others, by Trouwborst and Naumann (op.
cit.). Put in a worldwide context, the recent European regulations on biodiversity
and climate stem from comprehensive guidance provided by the Secretariat of the
Convention on Biological Diversity (CBD): Connecting Biodiversity and Climate
Change Mitigation and Adaptation and the CBD COP decision X/33
6 on
1 Commission of the European Communities, White Paper – Adapting to climate change: Towards
a European framework for action COM(2009) 147 final.
2 EC Impact Assessment Guidelines SEC(2009) 92.
3 Report of the Second Meeting of the Ad Hoc Technical Expert Group on Biodiversity and
Climate Change 18–22 April 2009 – Helsinki, Finland.
4 Draft Guidelines on Climate Change and Natura 2000 – Dealing with the impact of climate change
on the management of the Natura 2000 Network. The document was prepared under contract to the
European Commission (contract N
(ENV B.3./SER/2010/0015r) by Alterra and Eurosite;
supplemented 2012: “Managing climate change for the Natura 2000 network – assessment of the
vulnerability of species and habitats of Community Interest to climate change”).
5 Communication from the Commission to the European Parliament, the Council, the Economic
and Social Committee and the Committee of the Regions – Our life insurance, our natural capital:
an EU biodiversity strategy to 2020 COM(2011) 244 final.
6 Conference of the Parties to the Convention on Biological Diversity, Tenth meeting, Nagoya,
Japan, 18–29 October 2010, decision adopted by the conference of the parties to the convention on
biological diversity at its tenth meeting X/33 – Biodiversity and climate change (UNEP/CBD/
COP/DEC/X/33).
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M. Gies et al.
conservation is discussed. Second, the adaptability of European Nature Conservation
and Water Law is evaluated. Third, the implementation of these provisions in central
European member states is compared. On this basis, fourth, the legal options and the
need for amendments are identified. Finally, the scope of future policy making and
legislation will be assessed.
9.2 Nature Protection in European Climate Change
Adaptation Policies
The European political context for adapting nature conservation to climate change
emerges from legislative initiatives and documents produced by the European
Council and the European Commission as well as from the literature on the effects
of climate change on biodiversity and on recommended means and approaches for
adaptation and mitigation (EC White paper on Adapting to Climate Change 2009,
1
EC Impact Assessment 2009,
2 EU Ad Hoc Working Group on Biodiversity and
Climate Change 2009,
3 Draft Guidelines on dealing with the impact of climate
change 2012,
4 EC Communication ‘Our life insurance, our natural capital’ 2011,
5
Biesbroek et al. 2010; Cliquet et al. 2009; Trouwborst 2009, 2011; Naumann
et al. 2011). Within this context the EU appears to have a solid biodiversity
conservation policy framework supported by such key instruments as the Birds
and Habitats Directives with the Natura 2000 Network, the EU Green Infrastructure
Strategy and the Water Framework Directive, in addition to other relevant regulations and documents reviewed, among others, by Trouwborst and Naumann (op.
cit.). Put in a worldwide context, the recent European regulations on biodiversity
and climate stem from comprehensive guidance provided by the Secretariat of the
Convention on Biological Diversity (CBD): Connecting Biodiversity and Climate
Change Mitigation and Adaptation and the CBD COP decision X/33
6 on
1 Commission of the European Communities, White Paper – Adapting to climate change: Towards
a European framework for action COM(2009) 147 final.
2 EC Impact Assessment Guidelines SEC(2009) 92.
3 Report of the Second Meeting of the Ad Hoc Technical Expert Group on Biodiversity and
Climate Change 18–22 April 2009 – Helsinki, Finland.
4 Draft Guidelines on Climate Change and Natura 2000 – Dealing with the impact of climate change
on the management of the Natura 2000 Network. The document was prepared under contract to the
European Commission (contract N
(ENV B.3./SER/2010/0015r) by Alterra and Eurosite;
supplemented 2012: “Managing climate change for the Natura 2000 network – assessment of the
vulnerability of species and habitats of Community Interest to climate change”).
5 Communication from the Commission to the European Parliament, the Council, the Economic
and Social Committee and the Committee of the Regions – Our life insurance, our natural capital:
an EU biodiversity strategy to 2020 COM(2011) 244 final.
6 Conference of the Parties to the Convention on Biological Diversity, Tenth meeting, Nagoya,
Japan, 18–29 October 2010, decision adopted by the conference of the parties to the convention on
biological diversity at its tenth meeting X/33 – Biodiversity and climate change (UNEP/CBD/
COP/DEC/X/33).
136
M. Gies et al.