The Convention on Biological Diversity · on Biological Diversity: ... Biodiversity-PRINT-09...

The Conventionon Biological Diversity:

EuropeanCommission

Biodiversity-PRINT-09 10/02/06 15:18 Page 1

The Convention

on Biological Diversity:

Implementation in the European Union

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B iological resources are vital for humanity's survival and for the economic and social development of nations. However, biological diversity is under threat around

the world. Ecosystems are being damaged or destroyed and species are disappearing.

The global scale of biodiversity loss demands concerted international action. Theframework for such action is the United Nations Convention on Biological Diversity (CBD),which the European Union (EU) ratified in 1993.

Europe is a highly urbanised and densely populated part of the world where biodiver-sity is under tremendous pressure. The EU has therefore committed itself to the ambitioustarget of halting the loss of biodiversity in Europe by 2010.

In May 2004 at Malahide, Ireland, more than 200 stakeholders representing the 25 EUcountries and various NGOs issued a 'message from Malahide', underlining that we can-not reach our 2010 target without substantially reinforced efforts. In the coming months, theCommission will publish a roadmap setting out exactly how the European Community andit's Member States should address the remaining challenges both within Europe andabroad.

One of the EU's other strategic objectives is to promote economic growth and jobs - the so-called Lisbon process. There is certainly a view that environmental protection and growthare mutually incompatible - that it is a case of 'either one or the other'. But thankfully thisview is increasingly being recognised as outdated and simplistic.

The experience of the EU has clearly demonstrated that the two objectives go hand inhand. A healthy natural environment provides an essential contribution to economic pros-perity, social well-being and quality of life. The booming eco-technology sector is oneexample of how we can be 'clean, clever and competitive' and over 2 million people aredirectly employed in Europe's eco-industries. A less encouraging example is the EU fish-eries sector, where over-exploitation of natural resources has led to a drastic decline inthe size of our fishing fleets.

There is an intrinsic value to nature and this needs to be protected. In one sense natureis “priceless”. But we should also be clear that biodiversity constitutes a reservoir ofresources, which can be used to achieve greater economic potential. And it is important thatthis is widely understood - since this is surely the best way to gain and preserve public sup-port for measures aimed at protecting nature and biodiversity.

This brochure highlights a few examples of how the EU hasimplemented the CBD. It shows that concerted internationalaction can be highly effective. A lot has been achieved, and thisis something that we should be proud of. However, despite cur-rent efforts, biodiversity is continuing to be lost in Europe andin the world at large. This is therefore a time not only to takestock but to re-double our efforts.

Stavros DimasEuropean Commissioner for the Environment

More efforts required to meet the 2010 deadline

Contents

3

Introduction 4

The European Union: diverse nations … diverse ecosystems 5

Putting the Convention into Action 8

The EU Biodiversity Strategy 9

Protecting species and habitats 10

The sustainable use of biodiversity 14

Biodiversity research and training 18

Public education 19

Impact assessment 20

The Cartagena Proocol on Biosafety 21

Access and Benefit Sharing - Traditional knowledge of indigenous and local communities 23

Financial resources and development co-operation 24

Further information 26


E cosystems and biological diversity do not abide by the rule of human law, nor do they respect man-made borders. Tackling these problems is clearly a global

and regional matter, as well as a national one.

Recognising that many policies can be better achieved by acting collectively ratherthan as individual nations, Member States of the European Union have shared part oftheir sovereignty and laid out a number of specific activities that can be treated at theEuropean Community level. For some policy areas, such as agriculture and trade, theCommunity has exclusive competence, while for many others, such as environmentpolicy, Member States and the Community share competence.

The European Commission is the executive body of the EU and it initiates legislationgoverning all areas of Community activity. This legislation is binding on the EuropeanCommunity and all EU Member States, and can take the form of Regulations (direct-ly applicable to Member States), Directives (agreed outcomes to be attained and tobe transposed into the national laws of the Member States) or Communications (pol-icy guidelines or suggested actions). The Commission operates through a number ofsectoral directorates-general (DG) or departments.

The legislative body of the EU issued its first directive aimed at conserving bio-logical diversity in 1979 (The Birds Directive) and has since launched a series of ini-tiatives on the sustainable use of biological resources. As part of this commitment,the European Community became a party to the Convention on Biological Diversity(CBD) in 1993.

This brochure provides some examples of how the European Community isimplementing specific articles of the CBD. To simplify matters, the term 'EuropeanUnion' (EU) is used in the remaining parts of this brochure, even if the legally correctterm would often be 'European Community'.

What are the EU and the European Community?

International environmental agreements, such as the CBD, are ratifiedby both the European Community (EC), which is a regional economicintegration organisation with legal personality, and by its MemberStates. Acting jointly, the EC and its Member States form the politicalentity called the European Union (EU). Most EU laws have to be adopt-ed both by the Council of Ministers, representing the governments ofthe 25 Member States, and the European Parliament, whose 732members are directly elected by EU citizens.

Who's in and when did they join?Austria (1995), Belgium (1957), Cyprus (2004), Czech Republic(2004), Denmark (1973), Estonia (2004), Finland (1995), France(1957), Germany (1957), Greece (1981), Hungary (2004), Ireland(1973), Italy (1957), Latvia (2004), Lithuania (2004), Luxembourg(1957), Malta (2004), The Netherlands (1957), Poland (2004),Portugal (1986), Slovakia (2004), Slovenia (2004), Sweden (1995),Spain (1986) and the United Kingdom (1973).

The European Union: diverse nations … diverse ecosystems

Introduction

4 5


Article 19 of the CBD relates to the handling of biotechnology and thedistribution of its benefits. The Cartagena Protocol on Biosafety was adopt-ed by the parties to the CBD in 2002. It regulates the transboundary move-ments of genetically modified organisms (GMOs) in order to protect biodi-versity and human health.

The Biosafety Protocol is based on the precautionary principle, andseeks to reconcile trade with environmental protection. It was ratified bythe EU on 27 August 2002, and it came into force on 11 September 2003.

The first Conference of the Parties to the Cartagena Protocol onBiosafety took place alongside CBD COP7 in 2004. It clarified the way theProtocol should operate. GMO exporters are now required to providedetailed information on the organism, while a Biosafety Clearing Househas been established to allow Parties obtaining the data needed to decidewhether or not to import GMOs.

Definition of 'Biological diversity'

The variability among living organisms from all sources includ-ing, inter alia, terrestrial, marine and other aquatic ecosystemsand the ecological complexes of which they are part; thisincludes diversity within species, between species and ofecosystems (Article 2 of the CBD).

The Cartagena Protocol on BiosafetyThe CBD stems from the Conference on Environment and Development, whichtook place in Rio de Janeiro in 1992 - the Rio 'Earth Summit'. It seeks to protectgenetic diversity, slow the rate of species extinction and conserve habitats andecosystems. The Earth's biological resources form the basis of our food, fibres andmany industrial materials. They are essential for our survival and our economicdevelopment. Food security and the discovery of new medicines are put at risk bythe loss of biodiversity. Vital goods and services that are often taken for granted,such as clean air and fresh water, are threatened by the deterioration of ecosys-tems. Forests alone supply timber and food, oxygenate air, purify water and helpmoderating the climate.

The CBD is made up of 42 Articles which set out a programme to reconcile eco-nomic development with the need to preserve all aspects of biological diversity.Article 1 states the following objectives:

� the conservation of biological diversity;� the sustainable use of its components; and� the fair and equitable sharing of the benefits arising from the use of genetic

resources.

While states have the sovereign right to exploit their own resources, and theresponsibility to ensure that activities within their jurisdiction or control do notcause damage to the environment of other States, it has to be stressed that issueslinked to the protection of Biodiversity transcend national boundaries.

The CBD contains few directly enforceable provisions. The Convention's deci-sion-making body - the Conference of the Parties (COP) - has adopted a widerange of programmes of work, guidelines and other measures to create a globalframework for national and regional action.

The CBD addresses the biodiversity of the world's main habitat types (forests,agricultural land, dry-and sub-humid lands, oceans and coastal areas, inlandwaters, mountains and islands), and also 'cross-cutting' issues, such as protectedareas, access and benefit sharing, incentives, and invasive species.

Ten years after the Rio Earth Summit, the Sixth Meeting of the Conference ofthe Parties to the CBD (COP6) met in The Hague, in 2002, and adopted theConvention's Strategic Plan. This plan aims to reduce significantly the rate of bio-diversity loss by 2010, a target which was endorsed at the 2002 World Summit onSustainable Development in Johannesburg.

The enlarged European Union covers a large and diverse geographical areaencompassing a wide range of ecosystem types and species. However, biologicaldiversity is under threat throughout the EU. According to the EuropeanEnvironment Agency (EEA) and other organisations, habitats are continuing todecrease in size and are becoming more fragmented. As a result, ecosystem serv-ices are deteriorating and many indigenous, rare, endemic and specialist speciesare under threat. For example, Europe has lost approximately half of its wetlandsand much of its extensive grassland. Around 40% of European mammals areendangered, including the arctic fox, native squirrels, dolphins and seals; some,like the Iberian lynx are threatened with extinction. Almost 40% of Europeanbirds and around 45% of European butterflies are vulnerable, along with manyspecies of reptile and amphibian. Some indigenous plant species are also rareand threatened.

Agricultural intensification, overfishing, land abandonment, mono-specificforestry, urban and transport infrastructure development, the spread of non-native and generalist species, among other causes, are responsible for the nega-tive impacts on biodiversity in the EU. Climate change may soon accelerate therate of loss of biological diversity.

The Convention on Biological Diversity

European biodiversity under threat

6 7


Article 6. General measures for conservation andsustainable use

Each party to the CBD shall […] develop national strategies plans orprogrammes for the conservation and sustainable use of biological diversityor adapt for this purpose existing strategies, plans or programmes which shallreflect, inter alia, the measures set out in this Convention relevant to theContracting Party concerned; Integrate, […] the conservation and sustainable use of biological diversity intorelevant sectoral or cross-sectoral plans, programmes and policies.

Putting the Convention

into Action

T o help implement the Convention on Biological Diversity, the EU launched its own Biodiversity Strategy on 4 February 1998. It contains general measures to

promote conservation and the sustainable use of biological diversity, in line withArticle 6 of the CBD.

The Environment Directorate-General (DG) of the European Commission has inte-grated biodiversity considerations into environmental policy - for example, in strate-gies concerning air quality, pesticide use, soils and the marine environment, as wellas in directives on nitrates and the EU water framework. However, biological diversi-ty is affected by many EU activities. Many more directorates-general are thereforeinvolved in implementing the CBD to some degree.

The ongoing Cardiff Process, initiated in 1998, provides a mechanism for integrat-ing environment considerations into key sectors of EU policy. Each DG has an 'inte-gration correspondent', while a number have specialist environmental units. TheAgriculture and Fisheries DGs, for instance, have promoted integration of biodiversi-ty concerns into revisions of the Common Agricultural Policy (CAP) and the CommonFisheries Policy (CFP), respectively.

The Biodiversity Strategy operates through specific sectoral and cross-sectoralAction Plans, completed with tasks, targets and mechanisms to evaluate progress.Four major Biodiversity Action Plans were initiated in 2001, on the conservation ofnatural resources, agriculture, fisheries and economic and development co-opera-tion.

In 2001, Heads of Member States adopted a Sustainable Development Strategy(SDS) in Gothenburg, Sweden. The SDS strengthened the Biodiversity Strategy byadopting the target to 'halt' the decline in biodiversity by 2010 inside the EU. In July2002, the EU adopted its Sixth Environment Action Programme ('Environment 2010:Our Future, Our Choice'), which established a ten-year framework for priorities underthe SDS. The programme addresses nature and biodiversity protection as a matter ofpriority.

In 2003, the Commission started reviewing its Biodiversity Strategy, with a widerange of stakeholders. The review culminated in May 2004 with the landmark confer-ence on 'Biodiversity and the EU - Sustaining Life, Sustaining Livelihoods' conference,in Malahide, Ireland. The conference sent a 'Message from Malahide' which suggest-ed ways of meeting the EU 2010 target. A set of Biodiversity Headline Indicators,based on those used in the CBD, was endorsed. These will provide the means forassessing trends in components of biological diversity in Europe over the comingyears. The Commission intends to issue a new Communication on biodiversity, includ-ing a 2010 biodiversity roadmap, in 2006.

The EU Biodiversity Strategy

8 9


COP7 (2004) adopted a Programme of Work to establish a system ofnational and regional protected areas which are representative, can bemanaged effectively and integrated into a global network, by 2010 for landareas and 2012 for marine ones. The EU component of this global networkis called Natura 2000. It builds upon the Birds and Habitats Directives andprovides a coherent ecological framework for protected areas, to securethe long-term conservation of Europe's most threatened species and habi-tats.

Natura 2000's ambition is to incorporate the main 'hotspots' of biodiver-sity in Europe and safeguard vital ecosystem services. It complementsother protected wildlife areas designated at national, regional and locallevels. Members States are obliged to maintain examples of Europe's mostthreatened habitats (e.g. Mediterranean coastal dunes, dry heaths, andraised bogs) as Natura 2000 sites. By 2005, the 15 initial Member States ofthe EU had almost finished designating their Natura 2000 sites, which rep-resent around 18% of their territory. When the EU was enlarged in 2004 itsland area increased by around 58%, bringing into the EU many new areasof distinctive and rich biological diversity. Between 15 and 20% of EU ter-ritory should ultimately be covered by the Natura 2000 network, once it hasbeen completed at the level of the enlarged Union as it stands. Natura 2000is now being extended to vulnerable marine habitats (e.g. coldwater coralsites). Criteria for selecting marine sites are being developed and manage-ment plans formulated, for example to reconcile conservation and fishinginterests.

Establishing the Natura 2000 network has not been an easy endeavour,however, and delays have occurred in the submission of national lists. Oneof the key obstacles has been local opposition, frequently due to misun-derstandings about the aim of the network. Key challenges remain, such asfinalising management plans with wider stakeholder involvement, provid-ing adequate financial resources at Member State and EU levels, anddesigning an improved monitoring and evaluation system.

Definition of 'In-situ conservation'

The conservation of ecosystems and natural habitats and themaintenance and recovery of viable populations of species intheir natural surroundings and, in the case of domesticated orcultivated species, in the surroundings where they have devel-oped their distinctive properties (Article 2 of the CBD).

The Natura 2000 network

The Birds Directive (1979) was the first EU legislation designed to preserve bio-logical diversity in-situ. A pan-European approach was necessary to coordinate andsupport national initiatives, especially when dealing with trans-border bird migra-tion. The Directive called for the establishment of Special Protection Areas (SPAs)for endangered bird species. Wetlands are recognised in the Directive as being ofparticular importance for migratory birds.

The Habitats Directive (1992) established a common framework for the conser-vation of endangered species and habitats in the EU. It obliges Member States todesignate and manage Special Areas of Conservation (SACs) for habitat conserva-tion. A set of management principles helps to balance conservation with social andeconomic needs, while specific conservation measures are applied to particularlyvulnerable species.

The Birds and Habitats Directives

Article 8. In-situ conservation

Each party shall [...] establish a system of protected areas to con-serve biological diversity; develop [...] guidelines for the selection,establishment and management of these areas [...]; rehabilitateand restore degraded ecosystems and promote the recovery ofthreatened species [...]; prevent the introduction of, control oreradicate those alien species that threaten ecosystems, habitatsand species [...].

T he Biodiversity Action Plan for the Conservation of Natural Resources isdesigned to protect Europe's unique wildlife, in keeping with Articles 8 and 9

of the CBD. Its main objective is to improve or maintain the status of wild flora andfauna, and their ecosystems and habitats. It proposes around 70 actions, dealing forexample with protected areas; ex-situ conservation and genetic resources; agricultureand fisheries; the management of water, soil, forests and wetlands; and the threat frominvasive alien species.

Protecting species and habitats

10 11


Member States of the EU maintain extensive ex-situ collections ofspecies, subspecies and cultivated varieties in seed banks, gene banks,botanic gardens and zoos. There are around 350 Botanic Gardens inEurope, holding more than 80 000 living species, along with importantcollections of type specimens essential for plant identification. AEuropean Botanic Gardens Action Plan (1994) coordinates ex-situ con-servation activities in the EU. The Zoos Directive (1999) created a licens-ing system for European zoos; actions to be implemented cover partic-ipation in research, training, information exchange, captive breedingand species re-introductions.

EU support for ex-situ conservation has mainly concerned agricul-tural biodiversity, through initiatives such as the Regulation on theConservation, Characterisation, Collection and Utilisation of GeneticResources in Agriculture (1994, and recently reviewed). EU funding isalso helping to enhance the research being carried out in support ofbiodiversity policy. The PGR Forum project, for example, is building anonline information database for wild relatives of crops, while theEuropean Forest Genetic Resources Programme (EUFORGEN) is compil-ing data on forest tree species.

Definition of 'Ex-situ conservation'

The conservation of components of biological diversity outsidetheir natural habitats (Article 2 of the CBD).

Ex-Situ conservation

Article 9. Ex-Situ Conservation

Each party shall [...] adopt measures for the ex-situ conserva-tion of components of biological diversity [...], establish andmaintain facilities for ex-situ conservation of plants, animalsand micro-organisms, preferably in their country of origin [...].

Next to habitat destruction, the introduction of invasive alien species is thegreatest threat to biodiversity in Europe. Species can be driven towards extinctionand ecosystem functions threatened. This can lead to serious socio-economicdamage. In serious cases, invasive species can outcompete native species. Forexample, the algae Caulerpa taxifolia has established monocultures in theMediterranean, eliminating native seaweed species and the diverse communitiesof life that they support.

Problems relating to non-native species are dealt with, for example, throughthe management of protected areas. Around 14% of projects funded by LIFE-Nature, between 1992 and 2004, incorporate action against alien species. Forinstance, a conservation strategy for birds in the Hebrides Islands includes theremoval of non-native animal species, such as American mink, while acacias areeradicated from protected sites in Portugal. Furthermore, legal and administrativemeasures at the EU level, which deal with import and border controls, inspectionand monitoring regimes and quarantine procedures for living organisms, indirect-ly address the issue of invasive species.

Invasive species

The EU fully supports other international legislation concerning endangeredspecies and habitats, including the Convention on International Trade inEndangered Species of Wild Fauna and Flora (CITES) to which all Member Statesare Parties. A Regulation on the Implementation of the CITES (1997) has improvedits application within the EU. In line with CITES, the Regulation controls imports,exports and movement within the EU of wild plant and animal species, and prod-ucts derived from them. It also bans the import of a number of species identifiedas a threat to European ecosystems.

Cites

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The Single Farm Payment Scheme (SFP), introduced in 2003, is expected to help in conserv-ing biodiversity, by decoupling direct payments from agricultural production ('cross-compli-ance'). This removes a key incentive for intensive production. Full payments will only be grant-ed under this scheme if specific environmental requirements are met, including provisions ofthe Birds and Habitats Directives, as well as legislation on pesticides.

Agri-environment measures have become a key part of EU Rural Development Policy. The EURural Development Strategy Guidelines, once adopted, will offer advice on how biodiversityenhancement can be made compatible with changes in land management. As marginal landbecomes uneconomical under the reformed CAP, opportunities arise for new rural developmentand wildlife initiatives. Farm diversification can involve, for example, the production of biomasscrops, tourism or 'niche' agricultural products. EU support has been forthcoming for small- andmedium-sized enterprises (SMEs) wanting to exploit new markets for agricultural products.Marginal land can be important for biodiversity preservation and, in low-lying areas, for floodmitigation. By 2002, around 25% of utilised agriculture land in the EU-15 received fundingthrough the agri-environment programme, including sites that are in the Natura 2000 network.

The Biodiversity Action Plan for Agriculture calls for measures to maintain local livestockbreeds and cultivated plant varieties, and to prevent the spread of non-native species that mayharm biodiversity. A number of initiatives are being used to implement these measures. Forinstance, a 1998 Directive, amending previous seed legislation, introduced a provision for mar-keting varieties and landraces of agricultural crop species adapted to local conditions, therebyhelping to maintain genetic diversity of cultivated species in-situ.

Indicators have been specially developed to assess farmland biodiversity. For example, in2004, a set of indicators for farmland birds was added to the EU Biodiversity Headline Indicatorsdatabase. The EU-supported IRENA project has developed 35 agri-environmental indicators toassess the effects of agriculture on the environment, including biodiversity (e.g. farmland withhigh 'nature' value or nature protected, impacts on habitats and biodiversity).

Over the last few years, organic farming in Europe has developed, to the benefit of biodiver-sity. Organic farming has been encouraged by EU funding for farmers willing to convert to organ-ic methods of production. A European Action Plan for Organic Food and Farming was adoptedin June 2004, making more funds available for research into organic and low-input productionmethods.

Article 10. Sustainable use of components of biological diversity

Each Contracting Party shall [...] integrate consideration of the conservationand sustainable use of biological resources into national decision-making,[...] adopt measures [...] to avoid or minimise adverse impacts on bio-diversity; [...] protect and encourage customary use of biologicalresources in accordance with traditional cultural practices that arecompatible with conservation and the sustainable use requirements,support local populations to develop and implement remedial action indegraded areas where biological diversity has been reduced; andencourage co-operation between governmental authorities and the pri-vate sector in developing methods for the sustainable use of biologicalresources.

Agriculture

B oth the CBD and the EU Biodiversity Strategy recognise that people are part of nature, and that biological resources should be used in a sustainable man-

ner. However, there is an urgent need for policy and legislation to ensure that theexploitation of biological resources does not threaten their long-term viability or thesurvival of non-target species. Major progress has been made, for instance, in bring-ing agriculture, fisheries and forestry activities in the EU into line with Article 10 ofthe CBD.

The sustainable use of biodiversity

14 15

Inappropriate agricultural practices have reduced biological diversity on and around farm-land. Populations of farmland bird species, for example, have declined in recent decades. The2001 Biodiversity Action Plan for Agriculture aims to reduce the negative environmental impactsof farming practices by promoting the sustainable use of biological resources.

Many of the biodiversity-rich habitats in need of conservation are situated in, or close to, theland devoted to agriculture. Appropriate management is needed to maintain these habitats. EURural Development Policy aims to lessen the adverse environmental impacts of farming, and toreconcile agriculture with the objectives of the CBD. It does this through a series of agri-environ-mental measures, designed to encourage farmers to protect and enhance landscape and biodi-versity, in ways that go beyond usual good farming practice. These measures include:

� appropriate management of set-aside areas for conservation purposes;� upkeeping abandoned farmland and woodland to benefit farm-dependent species;� maintaining landscape features, such as hedgerows, stone walls and ponds; � reducing pesticide and fertilizer use; and� facilitating public access to agricultural land of environmental interest.

The recent reforms of the Common Agriculture Policy (CAP) have enabled further integrationof biodiversity concerns into agricultural policy. Provisions to support agri-environment meas-ures, for example, were integrated in 1999. With that reform, national statutory requirementsderived from EU Directives concerning Birds, Habitats, Nitrates and Pesticides were included inthe reference level for usual good farming practice. This level of practice has to be respected byfarmers located in less-favoured areas (which cover about half of the total EU agricultural area)if they want to be eligible for compensatory allowances. Other examples are the support pro-vided to train farmers in environmental methods and the removal of certain types of subsidy(e.g. removal of headage payments in less-favoured areas to eliminate overgrazing).


The EU has developed a range of instruments to promote sus-tainable consumption and production. These include IntegratedPollution Prevention and Control (IPPC); the EU Eco-Managementand Audit Scheme (EMAS); the promotion of environmental, socialand fair-trade labels; the new framework for taxation of energyproducts and electricity; the Integrated Product Policy (IPP), andrecent developments in chemicals policy (REACH).

Sustainable production and consumption

Human activities have exerted pressures put on marine, coastal and inland waterecosystems. Biodiversity concerns have therefore to be integrated into the manage-ment of marine resources, water and fisheries.

The EU Biodiversity Strategy put forward broad objectives for the fisheries sector,while the Biodiversity Action Plan for Fisheries, adopted in 2001, made specific recom-mendations to protect biodiversity from the impact of marine fisheries and aquacul-ture. The Action Plan for Environmental Integration, adopted in 2002, contained guid-ing principles, management measures and a work programme to move towards anecosystem-based approach to fisheries, and to limit the environmental impact of theCommon Fisheries Policy (CFP).

These objectives, integrated into the reformed CFP, include:" reducing fishing pressure to sustainable levels; " improving fishing methods to reduce discard, by-catch and impact on habitats; " protecting non-target species and habitats; and " decreasing the environmental impacts of aquaculture.

A shift in focus, from supply-side productivity towards an ecosystem-basedapproach, is a major step to safeguard the EU's marine resources and their sustainablemanagement. This is in line with the objectives of the CBD. However, much remains tobe done. Many fish stocks in EU waters have been overexploited as a result of a com-plex inter-play of driving forces. The World Summit on Sustainable Development(Johannesburg, 2002) set 2015 as a deadline to maintain or restore stocks to levels thatcan produce the Maximum Sustainable Yield. The Commission is currently consideringhow to implement the EU commitment to this objective. The Thematic Strategy on theMarine Environment (2005) adopts an ecosystem-based approach, with a view toensuring that human activities are carried out in a sustainable manner and thatEurope's marine waters meet the highest environmental standards by 2021.

Increased emphasis on sustainability is also influencing EU policy regarding fishingbeyond EU waters. In accordance with its duties under the UN Convention on the Lawof the Sea and the UN Fish Stocks Agreement, the EU co-operates with other Parties tomanage marine living resources effectively. The EU also actively promotes globalprogress in the development of effective international fisheries governance within mul-tilateral institutions, such as the FAO and the United Nations General Assembly. Finally,the EU has adopted a policy regarding the Fisheries Partnership Agreements with thirdcountries, including measures to ensure sustainable fisheries management throughimproved scientific advice, reinforced fisheries controls, and capacity building.

The EU Water Framework Directive (2000) modified the way fresh and coastal watersare managed, to improve water quality and the way aquatic ecosystems in Europework. The Directive contains a number of qualitative and quantitative targets, such asthe requirement that all surface water shall not deteriorate in quality and that it shouldachieve good ecological and chemical status by 2015. Key actions include integratedmanagement, international co-operation, environmental assessment, and public par-ticipation. The implementation of the Directive will ensure the maintenance of biodi-versity in aquatic ecosystems and contribute to wider biodiversity objectives.

Marine, coastal and inland water biodiversity - fisheries

Forests cover nearly one third of the world's land surface and harbour the vast majorityof terrestrial biodiversity. Deforestation and forest degradation dramatically reduce biolog-ical diversity. International and regional action is required to coordinate national efforts infavour of sustainable forest management and to promote biodiversity conservation. On topof supporting the implementation of the CBD expanded programme of work on forest bio-diversity, the EU supports global initiatives promoting biodiversity conservation, such as theUnited Nations Forum on Forests, and is a party to the International Tropical TimberAgreement.

Some 1.6 million square kilometres of the EU-25 are covered by forests and other wood-ed land. This area has expanded by nearly 0.3% annually in recent decades, with yearlyincrements in growing stock exceeding yearly felling by approximately one third. A largeand increasing area of forests is subject to management plans, which should contribute tothe conservation of forest biodiversity. By mid-July 2004, 45% of EU forests were certifiedby one or more of the leading forest certification schemes.

The main forum for pan-European coordination on forest policy is the MinisterialConference for the Protection of Forests in Europe (MCPFE) process, to which the EC, EUMember States and other European Countries are a signatory. Building on previousConferences' resolutions and international commitments, the Fourth Ministerial Conference(Vienna, 2003) adopted a specific resolution to conserve and enhance forest biodiversity inEurope. Funding from the EU has supported international and MCPFE research projects con-cerning biodiversity.

The EU Biodiversity Strategy has a significant forestry component. The Biodiversity ActionPlan for the Conservation of Natural Resources aims at establishing protected areas inforests (Natura 2000) and to develop indicators and assessment methods for forest biodi-versity. The Biodiversity Action Plan for Agriculture specifies agri-environment payments forthe establishment and management of small forest areas, as a means of farm diversifica-tion. In addition, a scheme called Forest Focus harmonises the long-term monitoring ofEuropean forest ecosystems. This helps guide policy relating to air pollution, climatechange, biodiversity conservation, forest fire prevention and other areas.

The EU Forestry Strategy, which was adopted in 1998, promotes sustainable forest manage-ment. One of the main challenges is to reconcile environmental concerns with economic andsocial needs. A proposed EU Forest Action Plan will fully integrate the objectives of the CBD.

Forestry

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The European Commission supports global initiatives, such asInternational Biodiversity Day (22 May), and continues to support environ-ment-related courses and projects within its own education and trainingprogrammes. Most EU-funded biodiversity projects have an education andawareness component, while a range of literature has been produced, forexample, on the Natura 2000 network. The Biodiversity Clearing HouseMechanism (CHM) at http://biodiversity-chm.eea.eu.int/ is the main onlinesource of information covering EU responses to the CBD.

Article 12. Research and training

The Contracting Parties [...] shall establish and maintain programmes for sci-entific and technical education and training in measures for the identifica-tion, conservation and sustainable use of biological diversity and its compo-nents, and provide support for such education and training for the specificneeds of developing countries, [...] co-operate in the use of scientificadvances in biological diversity research in developing methods for conserva-tion and sustainable use of biological resources.

The EU Biodiversity Clearing House Mechanism

Global change and ecosystems are among the research priority areas for 2002-2006. Framework funds are also used to improve scientific support to policy. From1998 to 2006, the EU has allocated about 100 million to biodiversity-related proj-ects.

These projects include ALARM (Assessing LArge-scale environmental Riskswith tested Methods) and DAISIE (Delivering Alien Invasive Species Inventories forEurope). Optimising the infrastructure for sharing taxonomic information is a prior-ity, in support of the Global Biodiversity Information Facility (GBIF). Research sup-porting integration of biodiversity concerns into the CAP and the CFP is also fund-ed. The Seventh Framework Programme (2007-2013) should provide further oppor-tunities to carry out research aimed at supporting the implementation of the CBD.

Many EU-funded biodiversity research projects have also allowed developing andother third countries to participate. Many involve training in identifying, conservingand using biological diversity in a sustainable way.

The European Platform for Biodiversity Research Strategy (EPBRS) aims to iden-tify and promote strategically important biodiversity research that will contribute topolicies and management relating to biodiversity loss. The EPBRS developed andadopted a Biodiversity Research Action Plan, in 2005, which identifies the mosturgent research needs in the field of biodiversity in Europe.

The EU Research Framework Programmes

Article 13. Public education and awareness

The Contracting Parties shall promote and encourage understanding of theimportance of, and the measures required for, the conservation of biologicaldiversity [...], co-operate [...] in developing educational and public awarenessprogrammes, with respect to conservation and sustainable use of biologicaldiversity.

E U multi-year framework programmes for Research and Technological Development (RTD) allocate funds for research into a wide range of areas;

including biological diversity conservation, in line with Article 12 of the CBD.

Biodiversity research and training

B iodiversity issues have gained a high political profile after the EU Summitin Gothenburg and the World Summit on Sustainable Development in

Johannesburg, which set the 2010 targets. However, the general public is still not suffi-ciently aware of them. Promoting awareness, education and training in the context ofCBD is important because the perceptions and behaviour of people contribute to thepressures on biological diversity.

Public education

Several initiatives have been launched at the EU level, by Member Statesand other organisations, to publicise efforts carried out to halt the loss ofbiodiversity in Europe. One example is the Countdown 2010 Initiative, coor-dinated by the IUCN (The World Conservation Union) and supported by theEuropean Commission and many Member States. It is working to:

� create public awareness across Europe of initiatives to savebiodiversity by 2010;

� encourage and support the full implementation of all the international commitments and necessary actions to save biodiversity; and

� demonstrate the progress Europe is making to meet the 2010 Biodiversity Commitments.

Countdown 2010

18 19


Article 14. Impact assessment and minimising adverse impacts

[...] Parties shall introduce appropriate procedures requiring environmentalimpact assessment of proposed projects likely to have significant adverseeffects on biological diversity, with a view to avoiding or minimising sucheffects, and [to] allow for public participation [...], promote national arrange-ments for emergency responses to activities [...] which present a grave andimminent danger to biological [...]; The Conference of the Parties shall exam-ine [...] the issue of liability and redress, including restoration and compensa-tion, for damage to biological diversity, [...].

The EU Directive on Environmental Impact Assessments was introduced in 1985 andamended in 1997. It has contributed to protecting nature and biodiversity in Europe.More recently, in July 2004, the EU Directive on Strategic Environmental Assessmentscame into force. It requires Member States to integrate biodiversity into their environ-mental assessment procedures. These Directives are useful for cross-sectoral integra-tion of biodiversity considerations, and help ensure that environmental impact assess-ment is conducted in a coherent way across the EU.

Where the impacts of EU projects are felt outside the EU, the Communication Towarda Global Partnership for Sustainable Development lays out guidelines for impact assess-ments to analyse environmental, economic and social factors. It stresses the importanceof involving all stakeholders.

Biodiversity is an essential assessment criteria

A n effective system of environmental impact assessment is necessary to prevent or modify developments that will have adverse impacts on biological diversity.

The EU has put into place assessment procedures to identify projects of high risk tobiodiversity, in line with Article 14 of the CBD.

Impact assessment

Legislation based on the 'polluter pays' principle penalises those whoinflict damage on biodiversity.

The Directive on Environmental Liability, adopted in 2005, provides a deter-rent against damage to areas of high biodiversity. It imposes preventive orremedial measures, including habitat restoration at the original or at anequivalent site. The Directive covers areas and species protected at EU andnational levels (e.g. Natura 2000 sites) and waters prioritised within the WaterFramework Directive.

As with all EU legislation, the Commission has the power to bring MemberStates before the European Court of Justice for non-compliance. This hasoccurred under the Birds and Habitats Directives. An EU network for theImplementation and Enforcement of Environmental Law (IMPEL) was estab-lished in 1993.

An EU liability regime

20 21

The implementation of the Cartagena Protocol on Biosafety in the EU relies on acomprehensive legal framework addressing the use of GMOs, including imports. Themain legal instrument is the Directive on the Deliberate Release of GMOs into theEnvironment (revised 2001), which is supplemented by a Regulation on the trans-boundary movements of GMOs; a Regulation on genetically modified food and feed;a Directive on the contained use of genetically modified micro-organisms; Regulationsconcerning the traceability and labelling of GMOs and food and feed products pro-duced from GMOs.

The EU supports efforts to implement the Cartagena Protocol on Biosafety, bothwithin the EU and in third countries, including through its Joint Research Centre (JRC).In its capacity-building role, the JRC supports collaborative projects that facilitateinformation sharing through the Biosafety Clearing House. Furthermore, a June 2005Commission Decision established a network for the exchange and coordination ofinformation concerning the coexistence of genetically modified, conventional andorganic crops within the EU.

Putting Cartagena into practice

I n line with CBD Article 19, the EU ratified the Cartagena Protocol on Biosafety in 2002It provides rules governing the transboundary movement of genetically modified

organisms (GMOs). Exporters are required to provide detailed information on living GMOsthat cross borders. An online Biosafety Clearing House, containing regulatory procedures, hasbeen established to provide a mechanism which registers approved GMOs by country andother data relevant to risk assessment. It has been established with a view to allowing Partiesto the Protocol to be kept informed. It also assists developing countries that may not have thenecessary regulatory or scientific resources to perform their own risk assessments.

The Cartagena Protocol on Biosafety

Article 19. Handling of biotechnology and distribution ofits benefits

[…] The Parties shall consider the need for and modalities of a protocol set-ting out appropriate procedures, including, in particular, advance informedagreement, in the field of the safe transfer, handling and use of any livingmodified organism resulting from biotechnology that may have adverseeffect on the conservation and sustainable use of biological diversity. EachContracting Party shall […] provide any available information about the useand safety regulations required by that Contracting Party in handling suchorganisms, as well as any available information on the potential adverseimpact of the specific organisms concerned to the Contracting Party intowhich those organisms are to be introduced.


Article 8j. Traditional knowledge of indigenous andlocal communities

Each party shall [...], subject to its national legislation, respect, preserveand maintain knowledge, innovations and practices of indigenous andlocal communities embodying traditional lifestyles relevant for the con-servation and sustainable use of biological diversity and promote theirwider application with the approval and involvement of the holders ofsuch knowledge, innovations and practices and encourage the equitablesharing of the benefits arising from the utilization of such knowledge,innovations and practices.

Article 15. Access to - and benefit sharing of - geneticresources

[...] Each Contracting Party shall endeavour to create conditions to facili-tate access to these genetic resources for environmentally sound uses byother Parties [...]. Access, where granted, shall be on mutually agreedterms [...] and [...] shall be subject to the prior informed consent of theParty providing such resources, [...]. Each Party shall endeavour to developand carry out scientific research based on genetic resources provided byother Parties with the full participation of, and where possible in, suchParties. Each Party shall take legislative, administrative or policy measures[...] with the aim or sharing in a fair and equitable way the results ofresearch and development, and the benefits arising from the commercialand other utilisation of genetic resources with the Party providing suchresources [...] upon mutually agreed terms.

Article 16. Access to and transfer of technology

Each Contracting Party, recognising that technology includes biotechnol-ogy, and that both access to and transfer of technology among Partiesare essential elements for the attainment of the objectives of theConvention, [...]. Access to and transfer of technology [...] to developingcountries shall be provided under fair and most favourable terms, [...].

22 23

The Bonn Guidelines on access to genetic resources and benefit sharing were agreedat COP6. The Guidelines:

� establish 'prior informed consent' as a condition for access to genetic resources;� provide outlines for 'mutually agreed terms', which simplify procedures for

scientific researchers and other users of genetic resources;� establish mechanisms to ensure fair benefit sharing at national and regional

levels;� clarify the relationship between traditional knowledge and genetic resources;� take into account the role of Intellectual Property in access and benefit sharing;� establish practical mechanisms for monitoring; and � provide proposals for enforcement, including legal remedies.

Implementation of the Guidelines is one of the EU priorities to achieve the 2010 tar-gets and a European Commission Communication on the Implementation of the BonnGuidelines was adopted on 23 December 2003. In practice, users of genetic resources inthe EU should respect the law of the non-EU country providing genetic resources tothem, and share the benefits (e.g. profits and research findings) with that country. Anetwork for access to genetic resources and benefit sharing (ABS) has been establishedto raise awareness of users' obligations under the CBD; the EU ABS network project isa joint initiative between the Environment DG and the World Conservation Union. Aspecific European Access and Benefit Sharing Portal can be accessed athttp://abs.eea.eu.int/.

The Member States of the European Union, through Council resolutions issued in1998 and 2002 on indigenous peoples' issues, have set the framework for EU supportto indigenous peoples. More recently, the European Consensus on Development Co-operation has stated that: "The key principle for safeguarding indigenous peoples rightsin development co-operation is to ensure their full participation and the free and priorinformed consent of the communities concerned."

The European Commission is in the process of mainstreaming Indigenous peoples'issues into its own practices and working methods. It does this by inviting indigenouspeoples to participate at the programming, designing, implementing and evaluatingstages of development projects.

In 2005, a call for proposal was launched specifically to help indigenous peoples andtheir representatives participate in - and follow-up the work of - UN and otherorganisations, such as the CBD.

The Bonn Guidelines

T he fair and equitable sharing of the benefits derived from genetic resources is one of the key objectives of the Convention on Biological Diversity (Article 1).

Benefit sharing is inextricably linked to appropriate access to genetic resources, thetransfer of relevant technologies, information exchange, and scientific co-operation.

Access and Benefit Sharing - Traditional knowledge ofindigenous and local communities


The Financial Instrument for the Environment (LIFE) was established in1992, and is the funding 'backbone' for the implementation of EU environ-mental policy. LIFE has three thematic components: Nature, Environmentand Third Countries. Funding for the conservation of European fauna andflora (e.g. through the implementation of Natura 2000) comes throughLIFE-Nature. Many projects funded by LIFE-Nature have to do with restor-ing wetlands and other vulnerable habitats. Numerous programmesinvolve endangered species (e.g. monk seals in the Mediterranean, brownbear and Iberian lynx in Spain).

Around 300 million was allocated for LIFE-Nature projects in the 2000-2004 period. Funding is typically 50% of costs, although in cases involvingpriority habitats and species, this can be up to 75%. LIFE-Nature, as well asEU Structural and Rural Development Funds, has been used to co-financethe expansion of the Natura 2000 network into the EU-25, and to meetother 2010 biodiversity targets. The EU also encourages initiatives that linkthe biodiversity and the business communities.

A revised Financial Instrument for Environment (LIFE+) will soon replaceLIFE and other funding instruments, to provide a single body dedicated tosupporting EU environmental policy.

Financial support within the EUEU policy pays attention to the relationship between biological diversity and poverty erad-

ication within EU policy.

As part of its Biodiversity Strategy, the EU adopted its Biodiversity Action Plan for Economicand Development Co-operation in 2001. Its objectives are:

� to mainstream biodiversity into EU development and economic co-operation strategies;� to support sustainable use of natural resources, particularly in relation to forests,

grasslands and marine/coastal ecosystems;� to strengthen the capacity of relevant agencies involved in conservation and sustain

able use of biodiversity;� to further integrate environment impact assessment practices in development co-

operation;� to coordinate the implementation of the EU Biodiversity Strategy with third-country

strategies;� to coordinate policies and approaches in EU and Member State aid programmes, as

well as other donor institutions, for coherent implementation of the CBD; and� to provide sufficient funds for biodiversity on bilateral aid programmes, as well as for

international mechanisms, such as the CDB.

In response to the clearly recognised need for a stronger emphasis on issues related toBiodiversity the new European Consensus on Policy Coherence for Development (2005), whichprovides the overall framework for the future development co-operation policy both of theEuropean Community and it's Member States, includes commitments to assist developingcountries in implementing Multilateral Environmental Agreements and to promote environ-ment-related initiatives that benefit the poor.

While it is difficult to identify exactly how much EU development co-operation funding hasbeen allocated to biodiversity, an estimated 60-200 million per year has been allocated tobiodiversity-related projects in developing partner countries. As the new development co-operation policy will be guided by the principles of partnership and ownership, additionalfunding for biodiversity will only materialise if biodiversity is effectively integrated as a prior-ity objective in partner countries' poverty reduction and development strategies.

The EU is also supporting neighbouring countries. At the Fifth Ministerial Conference on'Environment for Europe' (Kiev, 2003), European environment ministers passed a Resolutioncalling for substantially increased public and private investment for integrating biodiversityactivities across Europe by 2008.

Development and economic co-operation

Article 20. Financial resources

Each Contracting Party undertakes to provide [...] financial sup-port and incentives [...] for activities intended to achieve theobjectives of the CBD, [...]. Developed country Parties shall pro-vide new and additional financial resources to enable develop-ing country Parties meet the agreed full incremental costs tothem of implementing measures which fulfil their obligationsunder the Convention [...].

T he EU has made considerable financial resources available for activities aimed at conserving biological diversity, in line with Article 20 of the CBD.

Financial resources and development co-operation

24 25


Further information

Introduction to the Convention on Biological Diversity:<http://www.biodiv.org/>

The full text of the Convention on Biological Diversity:<http://www.biodiv.org/convention/>

Introduction to the European Union:<http://europa.eu.int/>

State of Biodiversity in the EU (European Environment Agency):<http://themes.eea.eu.int/Environmental_issues/biodiversity>

Introduction

The EU and Biodiversity:<http://europa.eu.int/comm/environment/biodiversity/>

Third Report on the Implementation of the Convention on Biological Diversity by the European Community (2005):

<http://www.biodiv.org/doc/world/eur/eur-nr-03-en.pdf>

The EU Biodiversity Strategy

Natura 2000 Network:<http://europa.eu.int/comm/environment/nature/home.htm>

Alien Species and Nature Conservation in the EU:<http://europa.eu.int/comm/environment/life/infoproducts/alienspecies_en.pdf>

Protecting species and habitats

Agriculture and Biodiversity:<http://europa.eu.int/comm/agriculture/envir/index_en.htm#biodiv>

Fisheries and Biodiversity:<http://europa.eu.int/comm/fisheries/policy_en.htm><http://europa.eu.int/comm/environment/integration/fisheries_en.htm>

Marine and Coastal Biodiversity:<http://europa.eu.int/comm/environment/water/marine.htm>

Inland Water Biodiversity:<http://europa.eu.int/comm/environment/water/water-framework/index_en.html>

Forestry:<http://www.europa.eu.int/comm/agriculture/fore/index_en.htm>

The sustainable use of biodiversity

Research and Biodiversity:<http://europa.eu.int/comm/research/environment/themes/article_1348_en.htm>

CORDIS (European Community Research and Development Information Service):<http://www.cordis.lu/en/home.html>

Biodiversity research and training

The European Community Biodiversity Clearing House Mechanism:<http://biodiversity-chm.eea.eu.int/>

Countdown 2010: Halt the Loss of Biodiversity in Europe:<http://www.countdown2010.net/>

Public education

Environmental Assessment in the EU:<http://europa.eu.int/comm/environment/eia/home.htm>

Impact assessment

The Bonn Guidelines:<http://www.biodiv.org/doc/publications/cbd-bonn-gdls-en.pdf>

European Access and Benefit Sharing Portal:<http://abs.eea.eu.int/>

Access to genetic resources

Cartagena Protocol on Biosafety:<http://www.biodiv.org/biosafety/>

Biosafety Clearing House:<http://bch.biodiv.org/>

The EU Regulatory Framework for GMOs:<http://europa.eu.int/comm/environment/biotechnology/index_en.htm>

The Cartagena Protocol on Biosafety

Development Co-operation Policy and Biodiversity:<http://europa.eu.int/comm/development/index_en.htm><http://europa.eu.int/comm/development/body/theme/environment/MEA_biodiv.htm>

LIFE Programme: The Financial Instrument for the Environment:<http://europa.eu.int/life/>

Financial resources

26 27


European Commission

The Convention on Biological Diversity : Implementation in the European Union

Luxembourg: Office for Official Publications of the European Communities

2006 - 28 pp. - 21 x 29,7 cm

ISBN 92-79-00789-0

Copies of this publication are available, free of charge, from :European Commission

Directorate-General Environmenthttp://europa.eu.int/comm/environment/env-informa

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