The Ramsar Convention on Wetlands

Expression of opinion on Greek Ramsar wetlands and possible removal from the Montreux Record, 1999 (Annexes)

ANNEX I

CONCLUSIONS OF TECHNICAL REPORTS AND RECOMMENDATIONS OF THE EXPERT APPOINTED FROM THE RAMSAR BUREAU, Dr. CYRILLE DE CLEMM, FROM HIS VISITS TO GREECE (1988 & 1989).

1. Report of the November 1988 visit - Conclusions

The great importance of the prevention of interventions which alter the ecological character of the wetlands and the great emphasis placed by the Convention on this sector are stressed.

The reduced number of scientific personnel dealing with wetland subjects in the Natural Environment Management Section of the Ministry of the Environment, Physical Planning and Public Works (IPEHODE) and the total lack of relevant people in the field is pointed out.

The lack of specific management bodies for protected areas is pointed out.

Extensive reference is made to Law 1650/86 and its various provisions on the establishment of protected areas (Presidential Decree following a Specific Environmental Study), the activity and land use restrictions in these areas, the Environmental Impact Assessment, the provision for re-evaluation of the protected areas every five years, the temporary character of the Joint Ministerial Decision for 2 or 3 years, etc., noting that after all, the part of the IPEHODE in the establishment and management of protected areas is, to a certain degree, vague.

Reference is made to the legal context on the physical planning of activities in non-urban areas and the planning of land use (Housing Control Zones), relevant provisions (Law 1650 etc.).

The part of the Forestry Service in protected area management in general and in conservation of Important Bird Areas in particular, on the basis of Directive 79/409/EEC (hunting prohibition) and the shortage of guards are described.

Reference is made to the Single Environmental Agency provided by Law 1650/86 (article 25) which to date has not been formed.

The part that can be played by the Local Government (LG) in the implementation of Law 1650 is pointed out, concerning protected area definition and management, via participatory procedures during planning, as well as with the legal possibility of forming Program Agreements between bodies of the LA and the public sector.

Reference is made to the increasing importance of the environmental agencies concerned with conservation (particular reference is made to the Hellenic Ornithological Society, the Hellenic Society for the Protection of Nature, the Friends of Prespes), while stress is placed on the inadequacy of their scientific background. Note is made of the part expected to be played by the Centre of Environmental Studies in covering the relevant needs. Reference is also made to the possibility of environmental NGOs to challenge legislative acts at the Council of State.

It is concluded that no steps have been taken towards the formation of a general (besides the Ramsar sites) national environmental policy on wetlands. However, the potential protective character of the Housing Control Zones is mentioned, as well as the possibility of making use of the 1984 Wetland Inventory for the legislation of wetland conservation. It is stressed that an action plan for wetlands with prioritised actions should be a future concern of the State.

It is pointed out that Law 1650/86 which provides the context for the establishment of the Ramsar sites, has gaps and contradictions, and, moreover, the various Presidential Decrees required for its activation have not yet been signed. Therefore, IPEHODE intends to forward only the temporary protection of certain Ramsar sites by Joint Ministerial Decisions (at that time: for Messolonghi, Amvrakikos, Kerkini and Vistonis). Nevertheless, the co-signation of the Joint Ministerial Decisions by the competent Ministries is a time-consuming process, during which any destructive and illegal actions in the sites may still continue. Another problem mentioned is the need to conduct detailed documentation studies (Specific Environmental Studies) before issuing a Presidential Decree.

Another problem, which contributes to the delay of issuing the Joint Ministerial Decisions, is described as the need for consultations with the local bodies and the estimation of the cost of the restriction and conservation measures.

A possible structure of a management body is described, which would consist of one Director, one technician, one administrative employee and guards, would have a small budget for research and possibly a local council at which the local services would be represented.

A concern is expressed regarding the fact that, while the drafting of a management plan is necessary (also according to Law 1650), there should be a minimum flexibility in management and in regulation detail, which should rest on the judgement of the management service/body of each area, something not so easy when a Presidential Decree is into force.

It is suggested that for the Ramsar sites, the most appropriate protected area category among those provided for by Law 1650 is "ecodevolopment areas", according to par.5 of article 19, since these are areas which will have "protection core areas" inside wider protected areas will include various subzones of various degrees of protection. Possible funds mentioned for the implementation of protection measures are the International Monetary Fund and Directive ACE/EEC.

The following are presented as special legal problems: a. lack of a possibility to make contracts between IPEHODE and private researchers and experts (i.e. ecologists, ornithologists etc.) and b. the time consuming and not at all popular procedure of land expropriation (according to 1650/86), which, moreover, remains a competency of the Ministry of Agriculture.

Note is made of the inadequate communication and co-ordination between Greece and the European Community during implementation of projects in wetlands, resulting in the expenditure of community funds (ACE/EEC) on projects which alter the ecological character of internationally important wetlands, the works done at lake Prespa via the Mediterranean Integrated Programs (MIP) being a most representative example. The need for better co-ordination on planning conservation actions and the extensive examination of the MIPs as funds for conservation projects in Ramsar wetlands is stressed.

It is mentioned that several Ramsar wetlands in Greece share their hydrological basins with other countries (FYROM, Bulgaria, Turkey, Albania, the first two –by then- being parties of the Ramsar Convention), a fact which in the future may cause water supply problems towards the Greek side, and that article 5 of the Convention on transboundary co-operations will remain pending until both other countries become Convention parties.

2. Report of the November 1988 visit - Recommendations

Activate par.5 of article 19 of Law 1650/86 via a Presidential Decree, in order to make the establishment of Ramsar sites as protected "ecodevelopment areas" possible, with the greatest possible administrative independence.

Consider the possibility to characterise all "ecodevelopment areas" as Housing Control Zones as well.

IPEHODE should examine information material, which will be sent by the Ramsar Bureau, concerning managed protected areas in other countries, so that it will be informed on approaches and methods on the management of its own.

Re-examine Greek legislation on planning (Housing Control Zones etc.) concerning its effectiveness at preventing negative interventions in wetlands, and consider legislating a permit system for all potentially harmful interventions, similar to the Spanish or the Danish one.

After the establishment of protected Ramsar sites is made possible, the need for preparing management plans will arise. A legal form should be found for the implementation of this plan to become a competency of the management body of each site, via the relevant Presidential Decree.

Legal obstacles hindering the protective action of IPEHODE should be determined and appropriate solutions ought to be sought. Such problems are e.g. the inability of IPEHODE to make contracts with researchers and the difficulty of land expropriation.

Consider the possibility of subsidising crop farming methods compatible with wetland conservation, for well meaning land owners (near or within wetlands). Examples of such cases from other countries can be provided by the Convention.

Ways should be sought to diminish the existing and potential conflicts of competencies between Ministries or between Ministries and LG.

Investigate the possibility, via a legislative act, to assist environmental NGOs in their action for conservation, through their participation in decision making, their representation in court, their subsidy for buying and managing protected areas and through their involvement in Program Agreements associated to the management of the respective sites.

In order to proceed to the necessary investigation for the application of the above mentioned recommendations, it is suggested that an informal working group should be formed, consisting of specialised lawyers with knowledge of environmental legislation, in order to locate the gaps and deal with existing problems.

There is an absolute necessity of drawing up guidelines, with external help, on various techniques and ecological aspects of wetland management:

a. extensive crop and animal farming
b. dealing with wetland alluvial deposits
c. definition, protection and management of important habitats of commercial fish species, which will contribute, in the long run, to ensuring the consent of the local fishermen communities in conservation
d. restoration or re-creation of endangered habitat types, such as the riparian forest Kotza-Orman in the flood plain of Nestos.
e. identification and description of conservation measures for endangered wetland habitat types

For some of the above subjects, i.e. fishing and agriculture in Greek Ramsar sites, guidelines for exercising aquaculture adapted to Greek reality, workshops could be organised.

Although the EC cannot be a contracting party of the Ramsar Convention, since all its member states (except Luxembourg) are parties, it is obliged to adopt the obligations arising from the Convention to its parties. Moreover, since many of the Ramsar sites are also to be protected under Directive 79/409/EEC, it is obliged to contribute to the prevention of destructive interventions in these sites. Finally, the forwarded (now implemented) Directive 92/43 on habitats and species, will impose additional habitat and species (including many wetland ones) protection obligations to the Community. The communication between the Ramsar Bureau and the EC, especially DG XI, should be improved, aiming at finding solutions to current problems and avoiding financing projects which harm wetlands. Among other things, the following should be investigated:

• How the MIPs may be used to promote integrated wetland management.
• What other financing sources may support conservation actions in certain areas, especially in high protection zones.

3. Report of the May 1989 visit - Conclusions

The statement of the intention of the Ministry of Merchant Marine to contribute to the implementation of conservation measures for Greek Ramsar wetlands, by exercising its legal competencies in zones under its jurisdiction, is described.

Note is made of i. the view of the Ministry of Agriculture that it ought to take over the management of Ramsar sites through its local services, including its guarding personnel, for covering the relevant necessities and ii. of the fact that the dispute concerning jurisdiction and legal competency on wetland management, between IPEHODE and the Ministry of Agriculture, remains.

The conclusion is drawn that the competencies on legislation and implementation of regulations and management and protection measures in Ramsar sites in Greece, is extremely intricate and complicated, and the fear is expressed that Ramsar wetland management may become chaotic in the future.

The great part that the Goulandris Natural History Museum (provided that it will be supplied with adequate resources) may play in the future in increasing the appreciation of wetland values in the Greek society, is stressed.

It is pointed out that the issuing of the Presidential Decrees required for bringing Law 1650 into full force is stationary.

Note is made of the progress made (in comparison to the last visit in November 1988) a. concerning the drafting of Joint Ministerial Decisions for the 10 (except Prespa) Ramsar sites, the greater being that of Amvrakikos gulf (then signed by the deputy Minister of the Environment and with the rest of the signatures pending) and b. concerning the designation of the future high protection zones of the Ramsar sites as Special Protection Areas, in accordance with Directive 79/409/EEC (although even the validation of these sites as such will only be achieved after the Joint Ministerial Decisions have been signed), which will, hopefully, protect these sites from additional harmful works, at least through community projects.

Stress is placed once more on the temporary character of the Joint Ministerial Decisions as legal protection means, and on the immediate necessity for issuing Presidential Decrees for all Ramsar sites.

Reference is made to the international conference on wetlands which took place in Thessaloniki in April 1989, organised by the World Wide Fund for Nature (WWF), the Ecology and Environmental Protection Laboratory of the School of Agriculture of the University of Thessaloniki and the International Union for the Conservation of Nature (IUCN), the resulting Action Plan for the Protection and Management of Greek Wetlands, and the contribution of these to increasing the realisation of the necessity to protect Greek wetlands of international importance.

It is stressed that, in spite of the efforts to date, Greek Ramsar wetlands are still menaced by planned and occasionally implemented projects, often indeed with community financing.

4. Report of the May 1989 visit - Recommendations

The issuing of Joint Ministerial Decisions for all Ramsar wetlands of Greece should be urgently forwarded.

The procedures required for issuing Presidential Decrees for all Ramsar wetlands of Greece should begin immediately. The Presidential Decrees should establish the relevant management bodies, require management plans and provide for measures to ensure implementation.

Repeat of recommendation 2.8 with a greater emphasis.

Repeat of recommendation 2.1.

Given that Law 1650/86 does not solve the problems of the dispute concerning competencies, the creation of a legal framework for integrated protected area management is suggested, which will give general directions. The regulations and arrangements particular to each site will be then deduced by specification of these general directions according to the site particularities (a similar approach is followed in Italy).

The possibility of a profound revision of Law 1650/86, since three (at the time) years after its issuing, the Presidential Decrees necessary for its full activation have not been issued, has to be examined. The revision should offer the context for the integrated management of "ecodevelopment areas"

In any case, the structure (the balanced representation of the bodies concerned is important), the establishment mode and the competencies of the management bodies should be examined. As such are suggested: formulation of regulations, purchase or expropriation of land, issuing permits for all or some of the activities within the sites, subsidising, management contracts, drafting and revision of management plans, imposition of fines.

Due to the large number of services concerned, a service should be appointed which will have a co-ordinating role concerning the implementation of regulations and protection measures and the co-operation among the various parties. The possibility of creating teams of specially trained personnel in conservation subjects (one for each Ramsar site) within the Police or the Forestry Offices should be examined.

The Presidential Decrees, besides promoting the preparation and implementation of the management plans, should also determine the requirements for the Environmental Impact Assessment procedure on any activities which may have negative impact on Ramsar wetlands. Local services should assist in the evaluation of the Environmental Impact Statements.

Ways should be sought for the co-operation of Greece with the countries with which it shares hydrological basins of the Ramsar wetlands in its territory (investigate 2 paths: the existing co-operations of Greece with these countries and article 5 of the Ramsar Convention).

Repetition of recommendation 2.12.

Repetition of recommendation 2.7. There should be a greater flow of community funds (ACE) towards Greece, for implementation of nature protection projects.

The Action Plan for Greek wetlands resulting from the conference described in 4.6 above, should be submitted to the Greek government to be adopted as a policy text. Moreover, a scientific working group should be created, which will further promote the issue, as provided for by the very Action Plan.

The necessity appears for setting up a Ramsar committee in Greece, which will consist of Government representatives, scientific bodies and NGOs. The scientific group referred to in 4.13 should be represented in this committee. The said committee should identify the main problems concerning the implementation of the Convention in Greece and seek solutions.

The information and education of the public concerning wetland value is of great importance for their conservation. The Goulandris Natural History Museum is in position to undertake production of material, organisation of exhibitions and campaigns, provided that it will receive the necessary financial support from the international community.

The international conservation community should financially support the local NGOs and local branches of national NGOs, so that protection actions at the local level will be enforced (an example of successful local action: the Friends of Prespes).

It is very important that the search for outside financing for implementation of conservation actions in Greek wetlands, particularly those of international importance, should continue.

ANNEX II

INSTITUTED PROTECTION AND MANAGEMENT MEASURES FOR RAMSAR WETLANDS

JMD - Joint Ministerial Decision
GGI - Government Gazette Issue

 ANNEX III

PROGRAM AGREEMENTS FOR THE PROTECTION AND PROMOTION OF RAMSAR WETLANDS (1996-1999)

JMD - Joint Ministerial Decision
GGI - Government Gazette Issue

For further information about the Ramsar Convention on Wetlands, please contact the Ramsar Convention Bureau, Rue Mauverney 28, CH-1196 Gland, Switzerland (tel +41 22 999 0170, fax +41 22 999 0169, e-mail ). Posted 16 November 2001, Dwight Peck, Ramsar.