climate change adaptation, which are to be implemented by member states: the
Policy Paper “Climate Change and Water” (EC 2008) and the Guidance Document
No. 24 “River Basin Management in a Changing Climate” (EC 2009). This
approach can be qualified as a “soft” steering method that uses recommendations
and guidance, specifying the legal provisions of the WFD.
9.5.3.2 Proposed Changes to European and National Water Law
Although river basin management planning under the WFD offers a range of
possibilities to consider climate change, the recommended adaptation measures
are not legally binding. In particular, there is a lack of requirements to carefully
evaluate and consider actual adaptation needs. Especially, constructive rules on
how to adapt the objectives are missing, ones that effectively prevent the premature
or abusive setting aside of objectives (Reese 2011, p. 61 and 73). Another weakness
in the conception of river basin management planning is that a long-term, structural
adaptation need is not formally taken into account (Reese 2011, p. 80). Furthermore, quantitative water management goals are not sufficiently integrated (Reese
2011, p. 81 et seq.). To ensure that climate change adaptation measures are
definitively implemented by the administrations in the member states, therefore,
the respective obligations should be integrated into the legal framework of
the WFD.
9.6 Proposed Changes to the Political and Legislative
Process of Climate Change Adaptation
The political framework for adapting nature conservation to climate change is
rooted in the European legal documents. The review of European legal commitments (Bern Convention and the EU Wild Birds and Habitats Directives) has been
undertaken from the perspective of the need to assist nature with adaptation to
climate change (Trouwborst 2011). It has illustrated that both the Bern Convention
and the EU directives subject countries to legal obligations to take measures to
facilitate the adaptation of biodiversity to climate change. These measures encompass a variety of activities such as the restoration and protection of species and
habitats and the establishment of ecosystem connectivity to enable climate-induced
range shifts (Trouwborst 2011).
Most of the countries concerned are well aware of the necessity of proactively
instigating action supporting climate change adaptation of natural and managed
ecosystems and integrating climate change adaptation measures with protected area
planning, management strategies and the design of protected area systems
(Naumann et al. 2011). It can thus be inferred that the political climate now favours
the introduction of more demanding actions to adapt measures of ecosystem
9 Legal Aspects of Climate Change Adaptation
155
Policy Paper “Climate Change and Water” (EC 2008) and the Guidance Document
No. 24 “River Basin Management in a Changing Climate” (EC 2009). This
approach can be qualified as a “soft” steering method that uses recommendations
and guidance, specifying the legal provisions of the WFD.
9.5.3.2 Proposed Changes to European and National Water Law
Although river basin management planning under the WFD offers a range of
possibilities to consider climate change, the recommended adaptation measures
are not legally binding. In particular, there is a lack of requirements to carefully
evaluate and consider actual adaptation needs. Especially, constructive rules on
how to adapt the objectives are missing, ones that effectively prevent the premature
or abusive setting aside of objectives (Reese 2011, p. 61 and 73). Another weakness
in the conception of river basin management planning is that a long-term, structural
adaptation need is not formally taken into account (Reese 2011, p. 80). Furthermore, quantitative water management goals are not sufficiently integrated (Reese
2011, p. 81 et seq.). To ensure that climate change adaptation measures are
definitively implemented by the administrations in the member states, therefore,
the respective obligations should be integrated into the legal framework of
the WFD.
9.6 Proposed Changes to the Political and Legislative
Process of Climate Change Adaptation
The political framework for adapting nature conservation to climate change is
rooted in the European legal documents. The review of European legal commitments (Bern Convention and the EU Wild Birds and Habitats Directives) has been
undertaken from the perspective of the need to assist nature with adaptation to
climate change (Trouwborst 2011). It has illustrated that both the Bern Convention
and the EU directives subject countries to legal obligations to take measures to
facilitate the adaptation of biodiversity to climate change. These measures encompass a variety of activities such as the restoration and protection of species and
habitats and the establishment of ecosystem connectivity to enable climate-induced
range shifts (Trouwborst 2011).
Most of the countries concerned are well aware of the necessity of proactively
instigating action supporting climate change adaptation of natural and managed
ecosystems and integrating climate change adaptation measures with protected area
planning, management strategies and the design of protected area systems
(Naumann et al. 2011). It can thus be inferred that the political climate now favours
the introduction of more demanding actions to adapt measures of ecosystem
9 Legal Aspects of Climate Change Adaptation
155