EXECUTIVE SUMMARY - UNESCO World Heritage

is frequently stricter and more specifi c based
on exercising the additional option of nature
conserva tion areas ordinances.
Th e designation of areas as national parks,
biosphere reserves, and nature conserva tion
areas rests with the Länder according to
§ 22 BNatSchG. National parks are
design ated in consultation with the Federal
Ministry for the Environment, Nature
Conservation and Nuclear Safety as well
as the Federal Ministry of Transport,
Building and Urban Aff airs (§ 22 para 4
clause 2 BNatSchG).
Protection regime of the European
Union
Th e legal provisions issued by the European
Union to govern the fi eld of nature and
the environment are of particular signifi cance
for the extension nomination for reasons
of all component parts in their entirety
being included in the Natura 2000 European
system of protected areas as sites of
community importance.
In Germany, EU directives come into eff ect
by implementation within the scope of the
BNatSchG and Länder legislation. In contrast,
EC Regulations such as the EC Regulat
ion on the Protection of Species (COUN-
CIL Regulation (EC) No. 338 / 97 of
9 December 1996 on the protection of
species of wild fauna and fl ora by regulating
trade therein (Regulation (EC) No. 338 / 97)
are immediately binding for administrative
bodies and citizens without requiring
implementation by the national legislator.
Paramount EU laws governing nature conservation
and hence the sustainable development
of the nominated beech forest areas
are the “Council Directive 92 / 43 / EEC of
21 May 1992 on the conservation of natural
5. PROTECTION AND MANAGEMENT OF THE PROPERTY
habitats and of wild fauna and fl ora” (Habitats
Directive), and the “Council Directive
79 / 409 / EEC of 2 April 1979 on the
conservation of wild birds” of 1979 (Birds
Directive). Th ey have been eff ectively implemented
in the BNatSchG and in Länder
legislation.
Th e Habitats Directive stipulates habitat
types as well as the wild fauna and fl ora
endangered on a pan-European level to be
permanently protected and preserved
especially by way of the protected area system
Natura 2000, which has been designated
according to uniform criteria, alongside
with specifi c regulations on the protection
of species. Th is network of protected areas
defi nes nine biogeographic regions throughout
the EU, taking account of the understanding
that biodiversity preservation can
be achieved only through a consistent network
of protected areas that does justice to
the ecologi cal requirements of the species
and habitat types to be protected rather than
by protecting individual habitats. For this
purpose, the annexes to the directive specify
231 habitat types (annex I) and some 900
species (annex II) for which the member
states are obliged to nominate and designate
suitable protected areas.
The nominated component
parts are included in the
European protected area
system “Natura 2000”.
The member states are
obliged to take action in
order to preserve the
species and biotope types
detailed in the appendices.
Implementation is ensured
by a monitoring system.
Th e Habitats Directive in its entirety aims
at ensuring the preservation of species and
habitats specifi ed in the annexes. Th is means
that a “favourable conservation status of
natural habitats and of wild fauna and fl ora
of Community interest” is maintained or
restored. Th e achievement of a favourable
conservation status in the biogeographic
regions is assessed at six-year intervals (result
checking). For the goal of protecting the
populations of native wild bird species,
the Birds Directive moreover calls for their
habitats to be preserved and restored. Left:
Tab. 5.2: Legal principles and
plans specific for protected areas
(annexes 7.2, 7.3)
Nationale
Naturlandschaften
121