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Overview

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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