evaluation systems.
9 In line with the Guidelines, the adaptation of protected area
management shall focus on eliminating and/or limiting the pressures that have been
proven to render target habitats especially prone to climate change, thus reducing
their natural resilience. Another important issue is to include socio-economic
aspects within the context of protected area adaptation to climate change.
9.3 Adaptability of the European Nature Conservation
and Water Law
9.3.1 Natura 2000 Law: Aims, Measures, and the Relevance
of Climate Change
The Natura 2000 law serves the purpose of conserving European natural heritage.
It consists of both the Birds Directive
10 (BD) and the Habitats Directive
11 (HD), as
Art. 3 (together with Art. 7) HD states that the birds protection measures are
integrated in the system created by the Habitats Directive, which is characterised as
a “coherent European ecological network of special areas of conservation [that] shall
be set up under the title Natura 2000”. The European directive law has to be
implemented by the member states, however on the other hand it itself implements
international law agreements that the EU is bound to, above all the Bern Convention
(Trouwborst 2011, p. 73). Therefore, the aims of Natura 2000 are mainly based upon
the provisions of the Biodiversity Convention as well as on the Bern Convention.
This means that the protection of biodiversity is realised by means of both an in-situ
system of specially managed protected areas for habitats of species and by general
ex-situ protection measures for species. The Bern Convention thus provides for
international coordination and for a combination of both species and habitats protection (Dodd et al. 2010, p. 144). It is aimed at “take[ing] requisite measures to maintain
the population of wild flora and fauna at, or adapt[ing] it to, a level which corresponds
in particular to ecological, scientific and cultural requirements, while taking account
of economic and recreational requirements.”
12 This is reflected in Art. 2 HD, which
sets the task “to maintain or restore, at favourable conservation status, natural habitats
and species of wild fauna and flora.” That means that the Natura 2000 system is a
conserving rather than a highly dynamic nature protection strategy.
9 Cf. Draft Guidelines on Climate Change and Natura 2000, European Commission, 2012 (op. cit.
fn. 4), pp. 72–99.
10 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on
the conservation of wild birds (codified version, OJ L 20, 26.1.2010, p. 7, repealing in its Art.
18 the older Directive 79/409/EEC).
11 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna and flora (OJ L 206, 22.7.1992, p. 7).
12 Art. 2 Bern Convention (Convention on the Conservation of European Wildlife and Natural
Habitats, Bern, 19.9.1979, Council of Europe, European Treaty Series No. 104.)
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M. Gies et al.
9 In line with the Guidelines, the adaptation of protected area
management shall focus on eliminating and/or limiting the pressures that have been
proven to render target habitats especially prone to climate change, thus reducing
their natural resilience. Another important issue is to include socio-economic
aspects within the context of protected area adaptation to climate change.
9.3 Adaptability of the European Nature Conservation
and Water Law
9.3.1 Natura 2000 Law: Aims, Measures, and the Relevance
of Climate Change
The Natura 2000 law serves the purpose of conserving European natural heritage.
It consists of both the Birds Directive
10 (BD) and the Habitats Directive
11 (HD), as
Art. 3 (together with Art. 7) HD states that the birds protection measures are
integrated in the system created by the Habitats Directive, which is characterised as
a “coherent European ecological network of special areas of conservation [that] shall
be set up under the title Natura 2000”. The European directive law has to be
implemented by the member states, however on the other hand it itself implements
international law agreements that the EU is bound to, above all the Bern Convention
(Trouwborst 2011, p. 73). Therefore, the aims of Natura 2000 are mainly based upon
the provisions of the Biodiversity Convention as well as on the Bern Convention.
This means that the protection of biodiversity is realised by means of both an in-situ
system of specially managed protected areas for habitats of species and by general
ex-situ protection measures for species. The Bern Convention thus provides for
international coordination and for a combination of both species and habitats protection (Dodd et al. 2010, p. 144). It is aimed at “take[ing] requisite measures to maintain
the population of wild flora and fauna at, or adapt[ing] it to, a level which corresponds
in particular to ecological, scientific and cultural requirements, while taking account
of economic and recreational requirements.”
12 This is reflected in Art. 2 HD, which
sets the task “to maintain or restore, at favourable conservation status, natural habitats
and species of wild fauna and flora.” That means that the Natura 2000 system is a
conserving rather than a highly dynamic nature protection strategy.
9 Cf. Draft Guidelines on Climate Change and Natura 2000, European Commission, 2012 (op. cit.
fn. 4), pp. 72–99.
10 Directive 2009/147/EC of the European Parliament and of the Council of 30 November 2009 on
the conservation of wild birds (codified version, OJ L 20, 26.1.2010, p. 7, repealing in its Art.
18 the older Directive 79/409/EEC).
11 Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild
fauna and flora (OJ L 206, 22.7.1992, p. 7).
12 Art. 2 Bern Convention (Convention on the Conservation of European Wildlife and Natural
Habitats, Bern, 19.9.1979, Council of Europe, European Treaty Series No. 104.)
138
M. Gies et al.