44
J.-P. Beurier
requires State Parties to protect and conserve the marine environment (Art. 192),
which means both maintaining the status of living stocks and preventing all impairment of habitats. As for the European Landscape Convention signed in Florence on
20 October 2000, it acknowledges the importance of protecting landscapes for the
quality of life of populations and for local cultures as well as ecosystem protection.
It aims to promote the protection, management and planning of landscapes and to
organise European cooperation in this area (Prieur et al. 2006). The Florence Convention therefore renders the protection of aesthetic, cultural and ecological values
indissociable.
In European Community law, among the priorities of the Sixth Action Programme
(2001/2010), express provision was made for protecting, conserving and restoring
landscapes. The “Habitats” Directive of 21 May 1992 promoting the conservation
of biodiversity already contributed to landscape protection by creating a network
of protected areas (Natura 2000); the 6th Action Programme extended that network
to marine habitats and the coast. This remarkable Directive expressly refers to the
link between landscape and biodiversity (Art. 3 and 10) but only refers to elements
of nature on land; it further specifies that such provisions are not mandatory. EC
Directive 2008/56 of the Parliament and the Council of 17 June 2008 establishes a
framework for Community action in marine environment policy (Marine Strategy
Framework) (OJEU L 164/19 of 25 June), seeks to restore the marine environment
to a good ecological state, to curb loss of biodiversity, and to guarantee the capacity
of marine ecosystems to provide goods and services. The Directive urges Member
States to establish special conservation areas, special protection areas or marine
protected areas (involving different stages of conservation or protection (or both)).
The strategies further apply to the management of human activities which must be
maintained at levels compatible with achieving good ecological status (Art. 1
◦ ). The
Directive’s scope covers the water column, the seabed and the subsoil to the outer
limit of the territorial sea. The fight against deterioration aims to sustain economic
activities including tourism but also to safeguard the amenity and recreational value
of the environment (Art. 3).
French law is not to be outdone. Under Article 1
◦ of the law of 10 July 1976 on
nature conservation, landscapes are of public interest. And the law of 2 February
1995 (adopted in addition) states, in Article 30, that a departmental inventory of
natural heritage will be drawn up to list natural sites, landscapes and environments.
Meanwhile, the “littoral” law of 3 January 1986 directly addresses the protection of
outstanding landscapes (Art. L 321-1 of the French Environment Code). Admittedly,
there again, the law targets the land aspects of the coast while further referring to
uninhabited islands, headlands and rias, as well as coral reefs. Particularly worthy of
attention is law 93/24 of 8 January (amended and incorporated into the rural, urban
planning and environment codes; JO 9 January p. 513) on landscape protection and
enhancement. Introduced to complete the “mountain” and “littoral” laws, it does
not contain any definition of landscape and primarily aims for landscape protection,
management and enhancement. Its implementing decree of 11 April 1994 (94–283)
establishes landscape guidelines and sets out principles and directions for landscape
management. An implementing order of 8 December 2000 (JO of 15 December)—an
J.-P. Beurier
requires State Parties to protect and conserve the marine environment (Art. 192),
which means both maintaining the status of living stocks and preventing all impairment of habitats. As for the European Landscape Convention signed in Florence on
20 October 2000, it acknowledges the importance of protecting landscapes for the
quality of life of populations and for local cultures as well as ecosystem protection.
It aims to promote the protection, management and planning of landscapes and to
organise European cooperation in this area (Prieur et al. 2006). The Florence Convention therefore renders the protection of aesthetic, cultural and ecological values
indissociable.
In European Community law, among the priorities of the Sixth Action Programme
(2001/2010), express provision was made for protecting, conserving and restoring
landscapes. The “Habitats” Directive of 21 May 1992 promoting the conservation
of biodiversity already contributed to landscape protection by creating a network
of protected areas (Natura 2000); the 6th Action Programme extended that network
to marine habitats and the coast. This remarkable Directive expressly refers to the
link between landscape and biodiversity (Art. 3 and 10) but only refers to elements
of nature on land; it further specifies that such provisions are not mandatory. EC
Directive 2008/56 of the Parliament and the Council of 17 June 2008 establishes a
framework for Community action in marine environment policy (Marine Strategy
Framework) (OJEU L 164/19 of 25 June), seeks to restore the marine environment
to a good ecological state, to curb loss of biodiversity, and to guarantee the capacity
of marine ecosystems to provide goods and services. The Directive urges Member
States to establish special conservation areas, special protection areas or marine
protected areas (involving different stages of conservation or protection (or both)).
The strategies further apply to the management of human activities which must be
maintained at levels compatible with achieving good ecological status (Art. 1
◦ ). The
Directive’s scope covers the water column, the seabed and the subsoil to the outer
limit of the territorial sea. The fight against deterioration aims to sustain economic
activities including tourism but also to safeguard the amenity and recreational value
of the environment (Art. 3).
French law is not to be outdone. Under Article 1
◦ of the law of 10 July 1976 on
nature conservation, landscapes are of public interest. And the law of 2 February
1995 (adopted in addition) states, in Article 30, that a departmental inventory of
natural heritage will be drawn up to list natural sites, landscapes and environments.
Meanwhile, the “littoral” law of 3 January 1986 directly addresses the protection of
outstanding landscapes (Art. L 321-1 of the French Environment Code). Admittedly,
there again, the law targets the land aspects of the coast while further referring to
uninhabited islands, headlands and rias, as well as coral reefs. Particularly worthy of
attention is law 93/24 of 8 January (amended and incorporated into the rural, urban
planning and environment codes; JO 9 January p. 513) on landscape protection and
enhancement. Introduced to complete the “mountain” and “littoral” laws, it does
not contain any definition of landscape and primarily aims for landscape protection,
management and enhancement. Its implementing decree of 11 April 1994 (94–283)
establishes landscape guidelines and sets out principles and directions for landscape
management. An implementing order of 8 December 2000 (JO of 15 December)—an