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CASE STUDY - NATURE PROTECTION
National park Šumava is situated in the South-Western part of Bohemia. The National Park is
a unique scientific laboratory enabling the monitoring of natural processes at a level, which
is unfeasible elsewhere. With its 68 064 ha Šumava National Park is the largest national park
in the Czech Republic. Since the end of 1963, its territory has been declared as „Protected
landscape area of Šumava (PLA)“ (which covers 168,654 hectares) with the aim to conserve
and protect the nature and the unique character of the landscape. Later on (20.3.1991) the
National Park was established at the territory of Šumava by the CR Government Regulation
No. 163/1991 Coll. Šumava National Park includes the majority of the precious nature
reserves in Šumava that require strong protection. For example, these are the remains of the
virgin mountain forests, glacial lakes and upland moors.
Šumava gained the status of the "Biosphere Reserve" Since 1990, Šumava entered into the
UNESCO list in Paris, with the borders usually including the former Šumava PLA, and the
central area of Šumava National Park.
"Šumava peat-bogs" are the most typical phenomenon of nature conservation in Šumava,
and have been listed since 1990 as significant wetlands protected by the so-called Ramsar
Convention for the protection of internationally.
"Šumava" was included in the "Red Book of ecosystems" by the International Union for the
Conservation of Nature (IUCN).
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Šumava landscape and its current condition is the result of the long-time co-existence of the
people and nature. The aim of the protection of the Natura 2000 sites is not the expulsion of
the people from the countryside, but to support those activities that enable both humans
and nature to survive in the future.
There are defined watercourses on the Vltava river for water tourism. Use of other rivers
and streams in the National Park is not permitted pursuant to the Visiting Rules of the
National Park Šumava.
These visiting rules have a special form (general measure) specified in the Administrative
Code and this document may be subject to a judicial review. At the same time, there are
rules established by the EIA Act (Act. No.100/2001 Coll.), by the Nature Protection Act
(114/1992 Coll.) and by other general laws, that must be complied with in the process of
adoption of those visiting rules. These laws are supposed to implement the EU legislation.
It is obvious that water tourism may significantly affect the protected parts of the nature
(especially some aquatic animal species). Without regards to this fact, the Administration of
the NP Šumava (which is the competent state authority for the territory of the national park)
adopted the Visiting Rules of the National Park of Šumava enabling the water tourism in a
specific parts of the Vltava river. This was opposed by NGO Zdikovsko and by some people
living in the villages located close to the river.
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As can be seen above (the 1-st picture = yellow = SPAs /special protection areas/, the 2-nd
picture= red = SACs /special areas of conservation/), Šumava is protected as a part of Natura
2000 (under both Habitats and Birds Directives).
Assignment:
Study Directive 92/43 on the conservation of natural habitats and of wild fauna and flora
and Directive 2009/147 on the conservation of wild birds, (you may take into account the
EU legislation on EIA/SEA) and answer the questions:
1/ Explain the possibility to carry out water tourism in Šumava in respect to both directives´
requirements.
2/What kind of duties established by the EU law for SPAs/SACs were breached by adoption
of Visiting rules? In this regard, what steps should have been taken to comply with the EU
law?
3/ Would Mrs. Mala (who is living 5 km away from the river) have a standing to bring an
action against Administration of the NP (nature protection authority) before the
Administrative court (pursuant to your national law)? What claim is she supposed to
enforce?
4/ Does/should the NGO Zdikovsko have the standing to bring the case before the court?
Based on what grounds?
Related case-law (voluntary readings):
C- 247/85; C- 149/94
C- 226/08
C- 127/02
C – 256/98
C-258/11
C- 399/14