LEGAL COMPLIANCE BIODIVERSITY CONSERVATION IN AGRICULTURE - PowerPoint Presentation

1. LEGAL COMPLIANCE BIODIVERSITY CONSERVATION IN AGRICULTURE

2. IntroductionInternational Convention European LegislationNational / Regional Legislation and Regulations

3. Legal compliance 3… are treaties or agreements between statesConvention on Biological Diversity – Rio ConventionConvention on Wetlands – Ramsar Convention Convention on the Conservation of Migratory Species of Wild Animals - Bonn ConventionConvention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) - Washington ConventionThe most important conventions for biodiversity: … are treaties or agreements between states. They originate International norms and standardsRights and obligations for countries which signed the ConventionPolicies and strategies of EU institutions and EU countriesInternational Conventions

4. 4International ConventionsConvention on Biological Diversity International legal agreement since 1992,Signed by most of the countries (196 parties)Three main goals:The conservation of biological diversity (or biodiversity)The sustainable use of the components of biological diversityThe fair and equitable sharing of the benefits arising out of the utilization of genetic resourcesIt´s objective is also to develop national strategies for the conservation and sustainable use of biological diversitySupplementary agreements to the Convention: + Cartagena Protocol on BiosafetyLegally binding: Nagoya Protocol on Access and Benefit-sharing (ABS)Include thematic work programms on Agriculture and biodiversity Objectives:Strengthening positive effects and mitigation of negative impacts of agricultural systems and practices on biodiversity Conservation and sustainable use of genetic resources of actual and potential value for food and agriculture;Fair and equitable sharing of benefits arising out of the use of genetic resources

5. 5International ConventionsConvention on Wetlands (Ramsar Convention)Framework for national action and international cooperation for conservation and wise use of wetlands and their resourcesLargest network of protected areas: Over 2,200 Ramsar Sites on the territories of 169 Ramsar Contracting Parties across the world, covering more than 2.1 million square kilometresContracting Parties commit to:Work towards the wise use of all their wetlands;Designate suitable wetlands for the list of Wetlands of International Importance (the “Ramsar List”) and ensure their effective management;Cooperate internationally on transboundary wetlands, shared wetland systems and shared species.Agriculture & Food Heritage Thematic Group sustainable traditional wetland agricultural knowledge and practices, long-established sustainable water and wetland management systems and food cultures related to wetlands. development of ‘lessons learned’ concerning cultural aspects of food and agriculture relating to wetlands, including suggestions on how these could be integrated into the Convention’s policy and practice

6. 6International ConventionsInternational Treaty on Plant Genetic Resources for Food and AgricultureAim: Conservation and sustainable use of plant genetic resources for food and agricultureRecognizing the enormous contribution of farmers to the diversity of crops that feed the worldInternational Plant Protection ConventionAims to protect world plant resources, including cultivated and wild plants by preventing the introduction and spread of plant pests and promoting the appropriate measures for their control

7. Conservation of Natural Habitats and of Wild Fauna and Flora (Habitats Directive)Sets up the EU Natura 2000 NetworkAnnex I covers habitats,Annex II species requiring designation of Special Areas of Conservation Annex IV species in need of strict protection, andAnnex V species whose taking from the wild can be restricted by European law.Once special areas for conservation are designated, EU countries must guarantee the conservation of habitats in these areas and avoid their deterioration and any significant disturbance to species7European LegislationHabitat Directive 92/43/EEC Birds Directive 2004/35/CESee also Environmental LiabilityEuropean Legislation

8. Protection of Nature and BiodiversityNatura 2000 sites are not strictly protected areas in which all activities are systematically excluded: Agricultural land accounts for about 40 % of the total area of Natura 2000Many of the habitats and species protected by the Habitats and Birds Directives are even dependent on or associated with agricultural practicesIn some areas it is necessary to find ways of reintroducing compatible farming systems or to adapt existing practices so that they can contribute to the conservation of the habitats and species of Community interest for which the site has been designated 8European Commission (2014): Farming for Natura 2000

9. European LegislationConservation of Birds (Birds Directive)Covers the protection, management and control of all species of naturally occurring birds; lays down rules for their exploitation, applies to birds, their eggs, nests and habitatsMeasures include:EU countries must create special protection areas (SPAs) for threatened species and migratory birds; SPAs form part of the Natura 2000 network upkeep and management in accordance with the ecological needs of habitats inside and outside the protected zones;re-establishment of destroyed biotopes; creation of biotopes.9European LegislationHabitat Directive 92/43/EEC Birds Directive 2004/35/CESee also Environmental Liability

10. European Directives – National legislation10EU Fauna-Flora-Habitat DirectiveEU Birds DirectiveGerman Federal Nature Conservation Act (Bundesnaturschutzgesetz)Regional Federal Nature Conservation Act (Landes naturschutzgesetz)German LegislationFederal Nature Conservation Act (BNatSchG)Building Code (BauGB)

11. European Water Framework DirectiveThe aim is to obtain a “good status” of all waters. protecting all forms of water (surface*, ground*, inland* and transitional*);restoring the ecosystems in and around these bodies of water;reducing pollution in water bodies;guaranteeing sustainable water usage by individuals and businessesEnvironmental quality standards (EQS) concerning the presence in surface water of certain substances or groups of substances identified as priority pollutants on account of the risk they pose to or via the aquatic environment.11German LegislationWater Resources Act (WHG)Waste Water Ordinance (AbwV)European LegislationWater Framework Directive (Directive 2000/60/EC)Environmental quality standards in the field of water policy (Directive 2008/105/EC)Protection of groundwater against pollution and deterioration (Directive 2006/118/EC )Protection of waters against pollution caused by nitrates from agricultural sources (Council Directive 91/676/EEC)Good Professional Practice *

12. Environmental LiabilityEnvironmental damage is defined as:Damage that affects the environmental status of water resources, as defined in the EU Water Directive (and the Marine Environment Strategy Directive) Damage to protected species and natural habitats that adversely affects conservation as defined in the Birds Directive and Habitats Directive;Damage to land creating a significant risk to human healthCompanies who cause environmental damage, are liable for this and must take the necessary precautionary or remedial measures and bear all associated costs12German LegislationEnvironmental Damage Act (USchadG)European LegislationEnvironmental liability with regard to the prevention and remedying of environmental damage (Directive 2004/35/CE)

13. Invasive alien species (IAS)Rules to prevent, minimise and mitigate the adverse impact on biodiversity of the introduction and spread of invasive alien species (IAS)Species may not be intentionally brought into the EU, nor may they be kept, bred, transported to, from or within the EU, sold, grown or released into the environment. Legal regulation which extends and intensifies the protection of species of the regulation (EG) No. 338/97 of 1984, by which CITES was put into force in all EC member states. BArtSchV manages the specially protected and strictly protected animal and plant species13German LegislationFederal Species Protection Ordinance (BArtSchV)Federal Wildlife Protection Ordinance (BWildSchG)German Genetic Engineering Act (GenTG)European LegislationProtection of species of wild fauna and flora by regulating trade therein (Council Regulation (EC) No 338/97)Prevention and management of the introduction and spread of invasive alien species (Regulation (EU) No 1143/2014 )Birds Directive (2004/35/CE)Genetically modified food and feed (Regulation 1829/2003)

14. Invasive alien species (IAS)IAS as one major cause of crop loss and present significant threats BUT expansion of agriculture as one of the most relevant disturbance factor for the spread of IAS Farmers should e.g. inspect their equipmentdo not grow invasive alien speciesreport sightings of non-native species 14Early, R. et al. (2016): Global threats from invasive alien species in the twenty-first century and national response capacitiesCenter for Invasive Species and Ecosystem Health: I am a Rancher or Farmer, Why should I care about invasive species?

15. Good professional/agricultural practiceAs good professional practice, German law refers to compliance with certain principles of animal welfare and environmental protection in agriculture, forestry and fisheries. It can be seen as a framework for action and represents a basic strategy. In EU legislation good agricultural practice (GAP) are specific methods, which create food that is safe and wholesome and refer to compliance with certain principles of animal welfare and environmental protection in agriculture, forestry and fisheries. There are several broadly accepted schemes that producers can adhere to.15Reference in German LegislationFederal Nature Conservation ActFederal Soil Protection ActPlant Protection ActReference in European LegislationWater Framework Directive (Directive 2000/60/EC)

16. Common Agricultural Policy (CAP)- currently under revision -Legal framework for agriculture in the European UnionRegulates subsidies to farmers, the market protection of agricultural goods and the development of rural regions in EuropeIn 2013 the CAP was reformed to strengthen the competitiveness of the sector and to promote sustainable farming (Cross Compliance)30 % of funds must be used for measures to protect environment and combat climate change (Green Payments)Diversifying cultures; Maintenance of permanent grassland5 % of arable land should be used for "ecologically advantageous elements"European LegislationDirect payments to farmers (Regulation (EU) No 1307/2013 )Support for rural development (Regulation (EU) No 1305/2013 )Financing, management and monitoring of the common agricultural policy (Regulation (EU) No 1306/2013)16German LegislationDirect Payment (DirektZahlDurchfG)Agricultural Payment Obligations Act (AgrarZahlVerpflG)

17. Protection of PlantsFramework to achieve a sustainable use of pesticides by reducing the risks and impacts of pesticide use on human health and the environmentIntegrated Pest Management (IPM)= growth of a healthy crop with the least possible disruption to agroecosystems, promote natural pest control mechanisms, e.g. bycrop rotation, use of adequate cultivation techniquesresistant/tolerant cultivars, use of balanced fertilisation, liming and irrigation practices, protection of important beneficial organisms17German LegislationPlant Protection Act (PflSchG)Seed Marketing Act (SaatG)Seed Ordinance (SaatV)Food and Feed Code (LFGB)European LegislationSustainable use of pesticides (Directive 2009/128/EC)Protective measures against the introduction into the Community of organisms harmful to plants (Council Directive 2000/29/EC)Landraces and varieties which are naturally adapted to the local and regional conditions (Directive 2008/62/EC) Vegetable landraces and varieties which have been traditionally grown (Directive 2009/145/EC )

18. Protection of SoilSustainably safeguard or restore the functions of the soilGood Professional Practice * in the application of fertilizers, soil additives, growing substrates and plant aids on agricultural land„EC Fertilizers“ = guarantees farmers that fertilizers contain a minimum nutrient content and do not harm human, animal or plant health or the environmentRegulation covers only mineral fertilisers. Other fertilisers are governed by EU countries’ national legislation (> DüMV)Regulations of the use of sewage sludge in agriculture in such a way as to prevent harmful effects on soil, vegetation, animals and man18German LegislationFederal Soil Protection Act (BBodSchG)Fertilizer Ordinance (DüMV)Fertiliser Ordinance (DüV)Sewage sludge regulation (AbfKlärV)European LegislationFertilizer (Regulation (EC) No 2003/2003)Sewage sludge Directive (Council Directive 86/278/EEC)

19. Strengths and weaknesses in regard to biodiversity19Legislation /RegulationStrengths /WeaknessConvention on Biological DiversityObjectives 2020 of the EU and of German Biodiversity Strategy will not be achievedRamsar Convention /WetlandsMany management plans are not implementedInternational Treaty on Plant Genetic Resources for Food and AgricultureLimited list of crops actually covered, thirty-five varieties of crops and crop families are included but doe not cover some agriculturally important crops (eg. soy)International Plant Protection Convention

20. Strengths and weaknesses in regard to biodiversity20Legislation /RegulationStrengths /WeaknessEU Habitats-Directive /Natura2000Well established network of protected areas // Many management plans not implemented yet, low habitat connectiviy leading to islands of sustainabilityEU Water Framework DirectiveImprovement of quality of rivers in most of the member states // Many restoration measures are not implemented, deadline extensions and softening of objectives on contamination by nitrates EU Environmental Liability Directivethe first EU legal instrument to establish the application of the "polluter pays" principle // Inconsistent and partly inadequate handling by Member States, no consideration of the term "ecosystems” EU Regulation Invasive Alien SpeciesToo short, numerous important species are not included

21. Strengths and weaknesses in regard to biodiversity21Legislation /RegulationStrengths /WeaknessEU Pesticides DirectiveEU Commission is accused of frequently approving pesticide active substances even though risk assessment documents are incomplete. Use in environmental sensitive areas should be prohibited. EU Fertilizer Regulation Mainly being used for conventional inorganic mineral fertilisers, no limits for contaminants identified, does not entirely reflect the current market situationEU Practises and ProgramsStrengths /WeaknessGood Agricultural PractiseAim at applying available knowledge to address environmental, economic, and social sustainability dimensions // different meanings and used in different contexts, often not sufficiently concrete and too generalEU Common Agricultural Policy5% of ecological focus areas is not sufficient and quality of these structures is not properly defined. Greening measures not effective to stop loss of biodversity. Financial support for biodiversity measures are not sufficient and therefore not attractive. In general, financial support should be given to farmers which contribute to protection of public goods.

22. Legal compliance22European legislation More information: