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International
Conventions and Agreements on the Environment
The
Emerald Network of Areas of Special Conservation Interest
The
establishment of the Emerald network of Areas of Special Conservation
Interest (ASCI) to Europe supports the implementation of the Convention
on the Conservation of European wildlife and Natural Habitats
(Bern Convention, 1979) (Council of Europe, 1997). Articles 1,
2, 3, 4, 6 and 9 of the Convention deal with the protection of
natural habitats, in particular habitats of the wild flora and
fauna species (specially those in Appendices I and II); and endangered
natural habitats.
In
Recommendation No. 16 (1989) "on Areas of Special Conservation
Interest" (ASCIs), the Standing Committee to the Bern Convention
recommended Parties to "take steps to designate Areas of Special
Conservation Interest to ensure that the necessary and appropriate
conservation measures are taken for each area situated within
their territory or under their responsibility where that area
fits one or several of the following conditions:
a) it
contributes substantially to the survival of threatened species,
endemic species, or any species listed in Appendices I and II
of the convention;
b) it
supports significant numbers of species in an area of high species
diversity or supports important populations of one or more species;
c) it
contains an important and/or representative sample of endangered
habitat types;
d) it
contains an outstanding example of a particular habitat type
or a mosaic of different habitat types;
e) it
represents an important area for one or more migratory species;
f) it
otherwise contributes substantially to the achievement of the
objectives of the convention."
In
order to assure coherence between the network of ASCIs to be designated
under the Bern Convention and the network of Special Areas of
Conservation (SACs) designated under the Habitats Directive (see
further), the Standing Committee to the Convention thought preferable
to wait for the establishment of the proper mechanism by the Directive.
In January 1996, a sufficient number of States of Central and
Eastern Europe had become Parties to the Convention and were requesting
the development of the network of ASCIs. The Standing Committee,
realising this wish and noting that the Habitats Directive was
already sufficiently advanced in its work to build Natura 2000
Network, decided to adopt its Resolution No. 3 (1996), in which
it resolved to "set up a network (Emerald Network) which would
include the Areas of Special Conservation Interest designated
following its Recommendation No. 16"; it furthermore "encouraged
Contracting Parties and observer states to designate ASCIs and
to notify them to the Secretariat".
Resolution
No. 3 (1996) was, in a sense, a second act of birth of the network,
after its first creation in 1989. More precisely it was an act
of baptism as the network had not been given a name in 1989 and
it had proved rather awkward to promote a network under the name
of "network to develop Recommendation No. 16 (1989) of the Standing
Committee of the Convention on areas of special conservation interest".
The
Emerald Network was created by virtue of Recommendation No. 16
(1989) and Resolution No. 3 (1996) and thus benefits
from the "soft law" approach characteristic of recommendations.
Nevertheless, the obligations to protect natural habitats are
strict obligations clearly marked in the Convention. The Standing
Committee recommended Contracting Parties to implement their obligations
regarding natural habitats through the taking of a number of measures,
among which the designation of the ASCIs that form the Emerald
Network. Obviously obligations under the Bern Convention can only
be requested of Contracting Parties. Other European states were
invited to participate in the exercise.
Additional
information on Conventions can be found at the external web sites
listed in the Links section.
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