EXECUTIVE SUMMARY - UNESCO World Heritage

118 NOMINATION DOSSIER "ANCIENT BEECH FORESTS OF GERMANY"
The nominated component
parts are subject to
comprehensive arrangements
governing their
protection and management
in an integrated and
sustainable manner.
5.b Protective Designation
Th e nominated component parts are subject
to comprehensive arrangements governing
the protection and management, and
are extensively monitored. Th e protection
status is ensured by both national and
interna tional guidelines and laws (tab. 5.2).
• German nature conservation law aff ords
various options to persistently safeguard
valuable natural goods. Th e Federal
Nature Conservation Act (BNatSchG:
Bundesnaturschutzgesetz) provides the
basis for any protected area categories
applicable in Germany. Furthermore the
act explicitly refers to the UNESCO
World Heritage Convention when stating
“Inter national eff orts in the area
of nature conservation and landscape
management shall be sup ported especially
via protection of cultu ral and natural
heritage within the meaning of the Convention
of 16 November 1972 Concerning
the Protection of World Cultural
and Natural Heritage (Federal Law
Gazette 1997 II pp. 213, 215)” (Art. 2,
para 5).
• Th e designation of protected areas is
eff ected – depending on the respective
arrangements in the Land in question –
by laws or by ordinances.
• Furthermore, there are directives of the
European Union aiming at the preservation
of specifi c natural values. Th e most
signifi cant aspects for the nominated
areas are the Birds Directive (“Directive
79 / 409 / EEC 02 April, 1979 on the
Conservation of Wild Birds” of 1979)
and the Habitats Directive (Council
Directive 92 / 43 / EEC on the Conservation
of the Natural Habitats and of
Wild Fauna and Flora of 21 May 1992
– see below: International pro tection
status, protection regime of the European
Union).
Th ese legal arrangements, which diff er in
terms of thematic and hierarchic structure,
jointly ensure that the nominated component
parts enjoy integrated and sustainable
protection.
National protection status
As a consequence of Germany's federal organisation,
the federal and Länder governments
share responsibilities in matters of
nature conservation. Th e currently in force
(as at June 2009) “Federal Nature Conservation
Act of 25 March 2002 (BGBl. I p.
1193), last amended by Article 3 of the Act
of 22 December 2008 (BGBl. I p. 2986)”,
abridged "BNatSchG", is based on the former
federal competence to enact framework
legislation. Th e responsibility to fi ll
the federal framework legislation with
detailed legal provisions resided with the
Länder. Th e Act to Reform Nature Conservation
and Landscape Management Law
of 29 July 2009 (BGBl. I p. 2542) gives
rise to the fi rst Nature Conservation Law
applicable directly within the entire Federal
Republic of Germany. Th e act will enter
into force on 1 March 2010. Within the
scope of the reform of federalism, the Länder
have been granted the right to deviate
from federal provisions. Th e general principles
of nature conservation as well as
the legislation on the protection of species
and maritime nature conservation are
expressly exempt from said right to deviate.
Th e general principles of nature conservation
also include the pre-existing protected
area categories.
Save for a few exceptions, both the execu tion
of the legislation on nature conservation,
including the directly eff ective provisions
under the BNatSchG, and the issuance
of protected area ordinances rest with the
Länder. Th e departments of state responsible
for nature conservation act either directly