Action C.10: Legal protection of the sites GR2440004 "ETHNIKOS DRYMOS OITIS" and GR2440006 "OROS KALLIDROMO"

The purpose of this action is the preparation of two legal documents establishing the legal framework necessary for the conservation and management of the “Natura 2000” sites on Mt. Oiti and Mt. Kallidromo, as well as surrounding areas. Implementation of this action is expected to start at the beginning of the third year of the project and last 24 months.

According to articles 18 and 19, Law 1650 /1986, as amended by art. 4 and 5 L. 3937 /2011 respectively, the following categories of protected areas exist:

1. Strict Nature Reserves.
2. Nature Reserves.
3. Natural Parks, which can be further identified as (3.1) National or (3.2) Regional Parks, and Marine Parks, Forest Parks or Geoparks respectively; areas of categories 1, 2, 4, and 5 may be included in Natural Parks.
4. Habitat/Species Management Areas; this category includes (4.1) Special Areas of Conservation, (4.2) Special Protection Areas and (4.3) Wildlife Refuges.
5. Protected Landscapes / Seascapes, and Protected Natural Formations.

According to art. 21, L. 1650 /1986, as amended by art. 6, L. 3937 /2011, protected areas of categories 1, 2, and 3.1 above, will be established through a Presidential Decree following the preparation of a Special Environmental Study, while a Regional Park (cat. 3.2) will be established by a Presidential Decree following the preparation of a Special Report. Protected areas of categories 4.3, and 5 will be established through a Decision of the Secretary General of the Regional (Decentralised) State Administration, also following the preparation of a Special Report. National Forests (Parks), which have been established under the provisions of Forest Code (Decrees 86 /1969 and 996 /1971), such as Mt. Oiti National Forest (Park), should be reclassified as National Parks by a Presidential Decree, following the procedure set in art. 21 L. 1650 /1986 (art. 19 L. 1650 /1986, as amended). According to art. 18 L. 1650 /1986, as amended by art. 4 L. 3937 /2011, Management Plans will be approved, for all protected areas, through a Decision either of the Minister for the Environment, Energy and Climate Change (categories 1, 4.1, 4.2), or the Secretary General of the Regional (Decentralized) State Administration (categories 4.3, 5). Management Plans will also be set for protected flora and fauna species, as well as for habitats included in Annex I of Dir. 92 /43 /EC.

For the preparation of the legal documents awarding protective status to Mt. Oiti and Mt. Kallidromo areas, a specific procedure /methodology will be followed:

1. Collection and evaluation of existing literature: (1.1) International, EU and Greek laws regarding protection and management of the natural environment and urban and regional planning, as well as specific legislation already set for the areas of the project, such as for the establishment of Mt. Oiti National Forest (Park), basic land-use planning and building provisions on Mt. Kallidromo, and wildlife refuges in parts of both areas; (1.2) Existing proposals for awarding additional protection status, such as Areas of Outstanding Natural Beauty on Mt. Kallidromo; (1.3) Existing studies, research and papers on species, habitats, etc. This part of the action will be completed in Athens, within 2-3 months.
2. Collection of conclusions drawn from, and guidelines established by actions A.1 A.10, and A.12, as well as the final, detailed proposals designed for actions C.1–C.6, C.8 and C.9; consultation with relevant scientists and other beneficiaries of the project, and determination of the specific protected area category status to be awarded to each site. This part of the action will be completed in Athens, within 2-3 months.
3. Preparation of draft legal documents to be completed in Athens within 5 months.
4. Presentation of the draft documents to the respective researchers and other beneficiaries of the project and consultation with them in Athens. This will be completed within 3 months.
5. Integration of input, advisory notes, comments and suggestions into draft documents to be completed in Athens within 3 months.
6. Consultation with the Directorate of Environmental Planning of the Ministry for the Environment, Energy and Climate Change, the respective regional and local authorities and stakeholders, in Athens and in both areas of the project. To be completed in 3 months.
7. Public consultation, as provided for in law, evaluation and integration (Internet gate of the Ministry for the Environment, Energy and Climate Change). To be completed in 3 months.
8. Preparation of final documents within 3 months.

The specific type of the legal documents produced will be determined according to the findings, conclusions and guidelines established through the respective field actions. The types of legal documents foreseen to be produced are as follows:

1. Decisions for the approval of Management Plants (Pursuant to art. 18 L. 1650 /1986 mentioned above).
2. Presidential Decree following the preparation of a Special Report for the establishment of a protected area (According to art. 21, Law 1650 /1986, as amended by art. 6, Law 3937 /2011 mentioned above).
3. Presidential Decrees, following the preparation of a Special Report for land uses, building regulations and every other provision necessary for the protection and management of SCIs can be established through (article 8, par. 6, L. 3937/2011).

The content of the legal documents will be: Zoning and land-use planning regulations, detailed provisions for the protection of habitats and species, regulation and control of human activities in the areas concerned (such as forestry, agriculture, hunting, building, tourism etc.), as well as determination of guidelines and priorities for various actions considered necessary for the conservation and management of the areas

Note 1: The Ministry of Environment, Energy and Climate Change has made a commitment to issue the relevant Laws prior to the end of the project.

Note 2: The significant experience within the Hellenic Society for the Protection of Nature, deriving from the preparation of similar legal documents on nature conservation and management, can guarantee that the action will be completed in schedule.

Mr. Georgios Politis, who is an environmental lawyer, M.Sc. in Urban and Regional Planning, a member of the Board of Directors of, and legal adviser to the HSPN, has been a key team member in the preparation of the several legal documents (drafts), such as: Bills for the establishment of protected areas in (a) Kaiafas, (b) Fanari, (c) Paliouri and (d) Thesprotia Islets tourist sites (15.6.2008 –30.4.2010); Bill on Sustainable Use and Protection of Freshwater Resources (implementation of Dir. 2000/60/EC) (1.11.2001- 15.3.2002); Amendment of the presidential decree on the designation of the National Marine Park of Zakynthos (2001). In some of these cases, circumstances were similar to those in the project sites. Mainly bureaucratic constraints were encountered. It is estimated that this action can be completed in 24 months (30 months maximum). The project team should not be held responsible, though, for any significant delays caused by acts (or their lack thereof) of any other persons or authorities involved.