Under Article 20 of the Bulgarian Constitution, the State must endeavour to guarantee the conditions required to foster the balanced development of the whole of the country, without distinguishing between the regions. The National Assembly has nevertheless deemed it necessary to develop specific legislation for mountain regions in view of their particular features. Indeed, mountains are home to 30 percent of the Bulgarian population, and to over 50 percent of all the human settlements, in an environment where difficult living conditions justify special measures. Mountains, moreover, possess great economic potential, particularly mining deposits, water resources, thermal sources and areas for recreation and leisure.[1]
At the time of writing, a proposed mountain law was in final draft form but was still awaiting enactment. This text dates back to 1993 and is entitled “Bill on the development of mountain regions in the Republic of Bulgaria.”[2] In addition to this bill, which will be referred to as “the Act” for ease of reference, three other acts will also be mentioned from time to time: the Agricultural Producers’ Protection Act, the Farmer Support Act, and the Act on Protected Areas.
The Act applies to mountain regions as defined in article 3. A mountain region is a territory comprising one or more neighbouring municipalities, in which more than 70 percent of the area is:
either above 600 metres in altitude;
or with a difference of more than 400 metres between its highest and its lowest points.
A Schedule to the Act provides a list of the municipalities with the status of “mountain municipalities” (art. 4.1). It should be noted that this list can only be changed by an act of Parliament (art. 4.2).
The Act lays down the functions of the authorities responsible for the development of mountain regions. Under article 29, the Council of Ministers is competent: (i) to coordinate the work of the ministries and institutions responsible for implementing the Act; (ii) to define and adopt the national medium-term policy and priorities for developing the mountain regions; and (iii) when the national budget is put to the vote in the National Assembly, to move the adoption of the necessary appropriations to guarantee the investments required (art. 10.2), any supplementary resources needed for local municipal budgets (art. 15), and financial aids for schools in mountain regions (art. 19).
The Act also creates a National Board for Mountain Regions (NBRM), which is responsible for setting the powers and responsibilities of the local councils of the mountain municipalities and of the associations of mountain municipalities.
The NBRM is a public agency instituted at the Council of Ministers (art. 30). One-half of the members are elected (to the local councils and parliament) and the other half are representatives of the central government. They are appointed by the mayors of the mountain municipalities, the National Assembly, or the Prime Minister, accordingly. The President of the NBRM is a deputy appointed by the National Assembly. The organization and operation of the NBRM is to be set out in its own Statute (art. 31).
The NBRM has the following functions (arts. 32, 12, 16.2 and 25):
to decide on the measures to be adopted for the development of mountain regions;
to propose priority funding for mountain regions each year and submit the proposal to the Council of Ministers;
to suggest ways in which central government can participate in implementing the development programmes of the mountain municipalities;
to lay down programmes and activities to develop the mountain economy;
to provide financial incentives for economic activity in mountain regions;
to select projects eligible for public subsidies;
to manage the resources of the Special Fund for the Development of Mountain Regions; and
to distribute requests for funding from municipalities between the various Government funding sources.
The functions performed by these councils under article 33 of the Act may be summarized as follows:
drawing up local and regional development programmes independently or jointly with other municipalities;
debating issues of public interest;
instituting associations with other mountain municipalities; and
drafting projects eligible for financing from the Special Fund for the Development of Mountain Regions.
The mountain municipalities can group together in order to solve their problems and carry out activities in their common interest. These associations can draw up development programmes and create collective facilities and social infrastructure.
The Act encourages the institution of these associations by enabling them: (i) to take part, with consultative status, in the deliberations of the NBRM, where they are entitled to be represented; and (ii) when they meet the same conditions as other parties, to have priority access to public funding to finance their projects (art. 34).
The Act is intended to promote the development of the natural wealth of mountain regions. To achieve this, it makes provision for the central government and the local authorities to encourage initiatives, mainly by providing financial assistance, in agriculture, forestry, livestock and tourism (art. 5).
(a) Special Fund
The Act makes provision for the establishment of a Special Fund for the Development of Mountain Regions, to be resourced from the central government budget appropriations for particular programmes and projects submitted for funding, private donations and international financing (art. 36.2).
The resources of the Fund can be used to provide investment loans at low interest rates and to finance programmes for research and training, agricultural and tourism development, physical planning and forest resource management (art. 36.1)
The NBRM manages this Fund (art. 36.3) under conditions to be laid down in regulation issued by the Council of Ministers, defining in particular the procedures for allocating the resources (art. 36.4).
The Act also makes provision for local funds to be instituted to foster local and regional initiatives for the development of the mountain regions (art. 37).
In 1995, a Special Fund for Environmental Projects in Mountain Regions was established to mobilize funding to be used, among other things, to combat erosion and deforestation and to guarantee water supplies. In 1996 this Fund was merged with the National Environmental Protection Fund.[3]
(b) Agriculture
Mountain agriculture and livestock rearing are two areas which the central government and the local authorities have a statutory duty to foster at the national, regional and local levels. They can provide, to this end, financial support for drafting and implementing agricultural and livestock development programmes in mountain regions (art. 6.1.1). Under article 7.1, these programmes must be designed to:
protect agriculture and livestock against loss and damage caused by physical and climatic conditions in mountains;
protect and conserve arable land and combat erosion, flooding and avalanches; and
maintain the quality of rangelands and the activities linked to agriculture and livestock farming in mountains.
Since the State owns more than half the mountain regions (Lynch and Maggio, 2000), the Act makes it possible to use certain rangelands in public forests for agricultural purposes, where arable lands are scarce in mountain regions, in order to foster the development of mountain agriculture (art. 27).
These provisions were complemented in 1995 by the Agricultural Producers’ Protection Act. This required an annual agricultural development programme to be adopted containing specific provisions for mountain agriculture. It also set up a specialized Agricultural Fund, some of whose resources are to be allocated to mountain agricultural development. To this end, financial support can be given to agricultural producers in the form of investment loans (art. 13.1.5). In 1998 this Act was replaced by the Farmer Support Act, but it retained the provisions regarding the Agriculture Fund. According to the National Plan for Agriculture and Rural Development 2000-2006, revenues accruing to the Agriculture Fund totalled 49 million Euros in 1999.
(c) Tourism
The Act requires the central and local authorities to foster the development of tourism in mountain regions (art. 5). To do this, subsidies may be provided to put in place programmes to develop mountain tourism at the national, regional, and local levels (art. 6.1.2). Under article 8, these programmes must:
increase the land available for thermal tourism and agritourism;
foster commercial and handicraft activities connected with mountain tourism; and
provide basic training and refresher courses for mountain tourism personnel.
The Act also made provision for defining what it calls “tourism zones” in regional and local physical development plans (art. 9.2).
The many physical and climatic constraints which often make life difficult in mountain regions were taken into account when the Act was drafted, particularly in Chapter III, which is devoted entirely to improving infrastructure and social services. The central government has a statutory duty to work in partnership with the regional and local authorities to set the medium-term priorities for transport, communication, water supplies, health care, vocational training, as well as other social activities (art. 14.2).
The central government also fosters the social development of mountain regions by providing development loans. Promoters of projects to improve the social infrastructure and amenities in mountain areas are eligible for subsidies or highly concessional loans (art. 16.1). The central government also contributes to the maintenance of these infrastructure and amenities at mountain municipality level, through supplementary appropriations to local government budgets (art. 15).
Measures are also provided to improve education. Depending upon their remoteness, the State Health and Education Services, working in conjunction with the local authorities, ease the restrictions regarding the minimum number of children required for schools to be instituted (art. 18). In mountain regions, moreover, the central government budget also comprises provisions to finance what are known as “acclimatization schools” for children suffering from chronic illnesses, provided through the budget of the local municipality responsible for the school (art. 19).
Health and recreation centres are the subject of special provisions: the associations of mountain municipalities are empowered to freely use State-owned recreational and medical complexes in some regions (art. 20).
Safeguarding the environment is the subject matter of constitutional provisions that lay a statutory duty on central government and on private citizens to do everything necessary to protect the natural environment (Articles 15 and 55 of the Constitution). Pursuant to these provisions, the Act devotes Chapter IV to water and forest resources. This particular chapter, which was designed in favour of mountain people, sets out the measures required to guarantee a balanced and sustainable management of natural resources. Concern for safeguarding the environment also lies behind the provisions regarding programmes for the promotion of agriculture and livestock rearing in mountain regions, such as those designed to effectively combat erosion, flooding and avalanches (art. 7.1.3).
Mountain regions include two-thirds of Bulgaria’s forest cover (European Observatory of Mountain Forests). Forest resources, therefore, constitute one of the essential bases for the development of these regions and, if they are to be sustainably managed, they require adequate legislation. The Act makes it possible for subsidies to be provided to the local forest inspectorates and forest producers, if proposed by NBRM and agreed by the Forests Committee and the Ministry of Agriculture (art. 25):
the former can benefit from these subsidies for forest regeneration, reforestation, planting valuable species, erosion prevention and protection of water capture zones (art. 23); and
the latter can obtain them to produce valuable forestry and fruit tree species (art. 24).
The Act also sets out to enhance and exploit forest by-products. The central government and municipal authorities can grant private individuals the free use of buildings in which to set up businesses to dry and process mushrooms, medicinal herbs and wild fruits, and other forest by-products (art. 26).
Lastly, in light of the development of local economic activities linked to timber processing, the Act empowers local forest inspectorates to set logging quotas, presumably to prevent over-harvesting (art. 28). In this connection it has been noted that, as far as Bulgaria’s mountain woodlands are concerned, “limiting clear-cutting and the felling of trees of the same age” has been one of the objectives pursued during the past few years (European Observatory of Mountain Forests).
Although mountain regions provide over 80 percent of the national water resources, the Act contains no specific measures to protect water. Such measures are included in the Water Act. However, the Act creates a regime giving privileges to mountain zone users, who pay lower water charges (art. 22).
It is in the mountain regions that most natural reserves and other specially protected areas are to be found (85 percent), as these are defined by the Act on Protected Areas, which is the main piece of legislation governing the conservation of natural habitats and landscapes (Giurova, 1995). National parks, protected sites and nature reserves have mostly been established in mountain zones and are therefore subject to the specific regime introduced by the Act on Protected Areas.
Moreover, under UNESCO’s Man and the Biosphere (MAB) Programme, Bulgaria has a wide range of 14 biosphere reserves. Even though these are spread throughout the whole country, all are located - except for three - in mountain regions.
This review of Bulgaria’s legislation shows how useful it can be to enact specific legislation governing mountains. The particular socio-economic development measures provided to favour mountain populations are designed to guarantee them living standards that are comparable with the rest of the country, in the hope of offering them equal opportunities for self-fulfilment.
The Act also has the merit of making provision for the establishment of institutions with special responsibilities for monitoring the development of mountain regions, and of establishing a special fund to mobilize and re-distribute the resources required to implement development programmes and projects in mountain zones.
However, the Act contains few provisions regarding specific conservation measures in mountain regions. Although Bulgaria has general legislation on the environment, the fact remains that this particular Act would benefit greatly if it were to be complemented by explicit provisions for the protection of natural resources in mountain zones.
Legislation
1991 Constitution (www.bild.net/legislation)
1993 Bill on the Development of Mountain Regions, (www.mtnforum.org/resources/library/bulga93a.htm)
1995 Agricultural Producers’ Protection Act, Official Gazette No. 57, 23 June 1995 (www.bild.net/legislation)
1998 Farmer Support Act (Official Gazette No.58, 22 May 1998)
1998 Act on Protected Areas (FAOLEX, http://faolex.fao.org/faolex/index.htm)
1969 Water Act, Official Gazette No. 29, 11 April 1969 (www.bild.net/legislation).
Documents
Giurova, E. 1995. Régions de montagne bulgares: les enjeux de leur intégration dans la coopération européenne, Proceedings of the Krakow Conference (www.euromontana.org/Bulgarie.htm)
Kudjabashev, A. & Varadinov, O. Legal Aspects of Biodiversity Conservation in Bulgaria, unpublished and undated
Lynch, O. & Maggio G. 2000. Mountain Laws and Peoples: Moving Towards Sustainable Development and Recognition of Community-based Property Rights. Center for International Environmental Law, Washington, DC
Ministry of Agriculture and Forests. 2000. National Agriculture and Rural Development Plan 2000-2006 (www.mzgar.government.bg)
Web sites
Bulgarian Institute for Legal Development: www.bild.net/legislation
Ministry of the Environment and Water: www.moew.govrn.bg
European Observatory of Mountain Forests: www-eomf.org
UNESCO Man and Biosphere Programme (MAB): www.unesco.org/mab.
For over thirty years, exploiting and enhancing the value of mountain regions of France has formed an important part of national development. As long ago as 1974, a first report on mountains was published. One year later it was complemented by the Brocard Report entitled “So that mountains can live” (Pour que vive la montagne). These documents emphasized the need to provide better protection for mountain regions and to give priority to combating the exodus from mountains (Prieur, 2001). In 1977, mountains were given the status of a global entity, combining ecological, agricultural, forestry and tourist functions,[4] an approach that was confirmed in 1985 by Parliament with the adoption of the Mountains Act.
The national mountain policy is designed to enable local populations and their elected representatives to acquire the means for and the control of their own development, with a view to creating equality of income and living conditions between mountain and other regions, while fully respecting the cultural identity of mountain peoples (Mountains Act, art. 1). This policy was initially designed to redress the disadvantages of mountain regions, but now it is directed towards developing the success factors and potential of mountain ranges.
Legislation dealing with mountain regions is mainly found in the Development and Protection of Mountains Act 85-30 of 1985, which replaced the 1977 National Directive on Mountain Development and Protection. It requires the Government to endeavour to ensure that the European Community take due account of the objectives set down in Community agricultural policy and regional development decisions (art. 2).
Since its adoption, Act 85-30 has been amended several times. In its current version it comprises 102 articles, grouped together under seven Titles. Complementary provisions are also set out in the General Local Authorities Code, the Rural Code, the Environment Code, the Forest Code and the Town Planning Code, as well as in Act 95-115 providing guidelines for regional management and development. French mountain law therefore draws on a number of different legal texts.
The borders of mountain zones differ depending upon whether they are in metropolitan France or in the overseas departments. Furthermore, there are special provisions for the country’s various ranges.
The demarcation of mountain zones in metropolitan France are set out in an interdepartmental order, based on altitude and the particular conditions stemming from it. Article 3 of Act 85-30 provides that mountain zones comprise municipalities or parts of municipalities with severely limited land-use possibilities and a substantial increase in the cost of works due to:
either the very difficult climatic conditions caused by altitude, and the resultant very short crop-growing period;
or, at a lower altitude, the fact that most of the territory comprises steep slopes that make mechanised farming impossible, or for which particular and very costly machinery has to be used;
or a combination of these two factors.
It should be noted that the criteria for the demarcation of mountain areas have not changed a great deal since Decree 61-650 of 23 June 1961. This took a similar approach and provided that “mountain zones include municipalities of which at least 80 percent is at an altitude over 600 metres above sea level, or in which the difference in altitude between the highest and the lowest points under cultivation is not less than 400 metres. Municipalities which do not meet these altitude criteria or differences in the altitudes of the arable land, but whose economy is closely connected with that of neighbouring municipalities which fit the conditions defined in the previous section, may also be classified as mountain zones.”
An inter-departmental order is also used to establish the demarcation of mountain zones in the overseas departments, using the same criteria as those applying in metropolitan France. But the Act exactly specifies the altitude levels to be considered, depending upon the department concerned. Mountain zones include municipalities above 500 metres in the department of Réunion, and above 300 metres in the departments of Guadeloupe and Martinique. Furthermore, mountains in these departments also include municipalities above 100 metres in altitude when most of the slopes in the territory have a gradient of at least 15 percent (Act 85-30, art. 4).
A decree is issued to define each range. In metropolitan France, every mountain zone and the immediately contiguous zones forming with them one single geographic, economic and social entity, constitutes a range. At the present time there are seven ranges in metropolitan France. In overseas departments, there is one range for each department, which exclusively comprises mountain zones (art. 5).
The Act set up institutions with specific functions regarding mountains at both the central level and for each range, as follows: the National Mountain Development, Management and Protection Board, and Mountain Range Development, Management and Protection Committees.
The National Board defines the objectives and determines the actions deemed appropriate for developing, managing and protecting mountains, and for promoting the coordination of public activities in mountain zones. It is also consulted for its opinions on the priorities for action and the general conditions for granting aid to mountain zones from the resources of the National Physical Planning and Development Fund (discussed below). Each year it receives a progress report on central government investment plans in each mountain range (Act 85-30, art. 6).
The organization of this Board is laid down in Decree 85-994 of 20 September 1985. It is chaired by the Prime Minister or the Minister of Physical Planning, deputising for him (art. 1), and comprises 59 members representing all the sectors relating to mountains, in particular nationally, regionally and locally elected representatives, advisory bodies, professional and trade union organizations, associations, rural operators, and range committees (art. 2). The Board meets at least once a year and may summon anyone to attend its hearings if they are considered to be useful for the work of the Board (arts. 4 and 5).
The Board has a Standing Committee composed of 17 persons appointed from among its members, which assist the Chair in drawing up the Board’s programme of work. It supervises implementation of the recommendations and proposals issued by the Board and can also summon anyone to a hearing whom it considers useful for its work (arts. 6 and 7).
There is one committee for each of the seven mountain ranges in France. Their composition and operation are defined by decree and can be adjusted depending upon the specific features of the ranges concerned, which are: the Massif Central (Decree 85-995); the Northern Alps (Decree 85-996); the Southern Alps (Decree 85-997); Corsica (Decree 85-998); the Pyrenees (Decree 85-999); the Massif Jurassien (Decree 85-1000); and the Massif Vosgien (Decree 85-1001).
The range committees are chaired by the representative of the central government, who is appointed to guarantee coordination in the range, and is generally the regional Prefect. The committees comprise representatives of the regions, departments, municipalities or groups of municipalities, consular public entities, national and regional parks, social and professional organizations and associations involved in the development, management and protection of the range (Act 85-30, art. 7). Articles 2 and 3 of all the decrees governing the range committees make provisions for their chair and composition.
Like the National Board, the range committees lay down the objectives and decide on the actions needed to foster the development and protection of their particular range. They issue proposals, opinions and advice for the coordination of public activities in the range, taking part in drawing up guidelines for the interregional range plan, and are involved in designing provisions regarding the economic, social and cultural development of the range which are incorporated into the corresponding regional plans. These committees are also given an annual report on the appropriations made in the local section of the National Physical Planning and Development Fund, as well as on the agricultural development and investment programmes of the central, regional and departmental governments, and of the public corporations in the range. The committees also address any proposals to change the boundaries of the mountain ranges, and they may take the initiative to propose any such changes (Act 85-30, art. 7).
As far as town planning is concerned, the range committees provide input for the drafting of mountain zone management directives. The Town Planning Code provides that fundamental central government guidelines regarding the management and balance between development, protection and exploitation of the territories are to be laid down by territorial management directives, issued by decree, after receiving an opinion or a proposal from the regional councils or the range committees concerned (arts. L111-1-1 and L145-7). Furthermore, the range committees can also draft specific recommendations for certain sensitive areas, such as high mountain sectors.
One of the purposes of Act 85-30 is to promote the local development of mountain zones by enhancing and exploiting their resources, in order to foster their economic growth while preserving their identity and specificity (art. 1). In this regard, it enshrines the “right to take account of differences and the right to national solidarity” (Title II). This makes it necessary to adapt the national provisions to the specificity of the mountain, and the general provisions governing mountain development to the particular situation of each range or each part of a range (art. 8).
At the national level, the specific needs of mountains must be reflected in the economic and social development plan. This lays down strategic policies, objectives to be achieved, and the means of achieving them in general terms (Act 82-653, art. 1), and it must also contain particular provisions for the development, management and protection of mountain zones. The same applies to the regional development plan (Act 85-30, art. 9).
Furthermore, in 1995, Act 95-115 made it possible to take better account of the geographical situation of mountain ranges by inserting article 9-bis into Act 85-30. As ranges straddle more than one region, they can only be developed on the basis of inter-regional policies. These policies are drawn up and approved jointly by the regional councils responsible for the management of the range, after consultation with the range committees.
(a) Funding
With the creation of the National Physical, Planning and Development Fund in 1995, two types of funding were pooled: appropriations designed specifically for physical planning, restructuring of mining zones and rural planning, as well as mountain development. The resources of the National Fund are shared between a general section and a local section under devolved management (Act 95-115, art. 33).
The appropriations for the general section are distributed by the Prefect of the region acting as the range coordinator on proposals made by the range management commissioner, and after receiving the opinion of the range committee concerned. Decisions regarding the allocation of the appropriations for the local section are notified by the representative of central government to the presidents of the regional councils and the general councils concerned. He is also responsible for submitting an annual progress report to them on the implementation of these decisions.
When using the appropriations which central government provides for investment in public works and buildings, climatic constraints of mountain regions must be taken into account (Act 85-30, art. 14).
(b) Agriculture
Act 85-30 stresses the importance of agriculture in mountain zones in the following terms: “because of its contribution to production, employment, soil maintenance and landscape protection, mountain agriculture is recognized as being in the general public interest as a basic activity of mountain life” (article 18 which has become article L113-1 of the Rural Code).[5] This statement of the conduct to be followed to promote agricultural development in mountain zones is backed by other provisions dealing with mountain agriculture set out in the Rural Code (art. L113-2), Act 99-574 on Agricultural Policy (art. 1) and the Town Planning Code (art. L145-3).
Particular measures may be taken for the maintenance of mountain regions in which agricultural activities, mainly pastoralism, contribute to the safeguarding of the natural environment. In particular, pastoral groups can be created for this purpose with a priority right of use of pasture lands when the majority of the members of these groups are local farmers (Rural Code, art. L113-3).
In order to exploit and enhance the products of mountains, their quality and their specificity are protected by law. The use of the “mountain” label is subject to the conditions laid down by Decree 2000-1231. The denomination “mountain” can only be granted if the production, livestock, fattening, slaughtering and dressing, the manufacturing, processing and packaging of foodstuffs (other than wines), non-food and non-processed agricultural products, as well as raw materials used for animal feed or for the manufacture of food and products, are located in or come from a mountain zone (art. 1). However, there are certain exceptions (art. 2). For example:
the requirement that the products must come from a mountain zone does not apply to raw materials which, for reasons due to their nature, cannot be produced in the mountains;
the raw materials can come from mountain zones situated outside France; and
the cereals and oilseeds used for animal feed, the place in which the animals are slaughtered and where the food or agricultural products are packaged may be located elsewhere than in the mountains where specific technical conditions make this necessary.
The unauthorized use of the “mountain” label is liable to penalties (art. 12), thus ensuring better control over the quality of mountain products.
(c) Tourism
Act 85-30 devotes one of its chapters to organizing and fostering mountain tourism, which complements the Town Planning Code on matters related to town and physical planning (Prieur, 2001). As a new or expanding activity, tourism generates land use changes and requires greater accommodation capacity. This is why new provisions for tourism were added to the Mountain Act, and then introduced into the Town Planning Code (art. L145-9 and following).
Municipalities, associations of municipalities or the joint union of local authorities concerned are responsible for monitoring the implementation of tourism development operations. When any new tourism development is to be implemented, the promoter must conclude a contract with the municipality, association of municipalities or joint union, according to the procedures set in Act 85-30 (art. 42).
The 1977 Mountain Directive had already created a form of supervision and a framework for developing new tourism complexes. These provisions were subsequently further elaborated and incorporated into Act 85-30, and then into the Town Planning Code. They laid down the principles for the development and protection of mountain zones in general, and specific rules for new tourism complexes in particular.
The 1977 Directive prohibited construction on mountain slopes, mainly to protect farmlands. In addition to protecting farmlands, Act 85-30 regulated urban development in mountains more generally. For example, all constructions in new tourism complexes must be “in continuity with existing villages and hamlets” (Town Planning Code, art. L145-3), in order to rationalize rural land use (Romi, 2001).
A particular procedure is used for establishing new tourism complexes when municipalities have their own land use plans (Town Planning Code, art. R145), which involves the main following stages:
an application is filed for authorization to set up a building unit with the Prefect of the department by the municipality or municipalities involved in the project;
the application is forwarded to the specialized commission of the range committee for examination;
the matter is then made public in order to seek comments from the general public; and
authorization is granted to proceed with the building, if it is approved, under an order issued by the Prefect of the region responsible for coordinating the range.
In making the decision, the Prefect must take account of the natural hazards that new developments may create (Environment Code, art. L563-2) and ensure that the location, design and building of the tourism units respect “the quality of the sites and the main natural balances” (Town Planning Code, art. L145-3).
Lastly, Act 85-30 provides the possibility to impose easements or rights of way on certain lands, including private lands, to built tourism installations on them (art. 53). For example, servitudes may be created in order to permit access to ski slopes or ski lifts and cable car facilities. Landowners affected by the servitudes must be compensated for any loss or damage caused to them (art. 54).
Act 85-30 is designed to provide mountain people with services of a comparable quality to those delivered to the population living in the rest of the country, particularly by adapting and improving their facilities.
(a) Public Services
In each mountain department, a committee is responsible for proposing measures to improve the organization of public services in mountain areas, and to submit it to the chair of the General Council and to the central government representative. The composition of this committee is laid down by decree (art. 15).
With regard to communications, technical adjustments must be made in order to guarantee that radio and television broadcasts can be received in all mountain zones (art. 16). Equal access to information and communication services must also be generally guaranteed by the collective services scheme provided by Act 95-115 on guidance for physical planning and development.
(b) Education
The education system is also organized to take account of the particular features of mountains. Thus, the Rural Code provides that programmes for agricultural education establishments must be adapted to the specific conditions of the natural, economic and social environment of the various mountain ranges, and that consideration must be taken of the particular requirements of the regional mountain range plans (art. L815-1).
“Rural tourism education centres” and vocational training establishments situated in mountains must also provide appropriate training courses in relation to the specific features of their respective areas. Furthermore, public interest groups can be created for the promotion of mountain-related research in order to disseminate information or training regarding the protection and enhancement of mountain areas (Act 85-30, arts. 11 and 12).
(c) Trade and Crafts
Trade and crafts in mountain zones also form the subject matter of a chapter in Act 85-30, which states that commercial facilities and adequate handicraft services in mountain zones are in the general interest in view of their contribution to local development (art. 55). This guiding principle must underlie all public activities relating to the economic and social development of mountain zones. The central government must submit an annual report to the National Mountain Board and to the range committees on the measures it has adopted for the benefit of traders and craftspeople in mountain areas (art. 56).
In view of the vulnerability of mountain ecosystems, Act 85-30 provides that “protection of ecological and biological balances, conservation of sites and landscapes, rehabilitation of existing buildings and promotion of cultural heritage” must be one of the pillars of national mountain policy (art. 1). According to the Environment Code (art. L333-2), one of the direct ways of implementing these policy guidelines is to create regional nature parks in mountain zones. Other protection measures must also be adopted in relation to forests, water and soil.
The Forest Code provides that the enhancement and protection of forests are recognised as being in the general interest (art. L1). Given the specific features of mountain forests and the natural constraints on their use, it provides a system of public aid to assist them. The benefits vary according to the difficulties of using and protecting woodlands and forests in mountain zones (art. L7).
Permission to carry out land clearing in mountain forests may be refused for the purposes of conservation, for example when the protection “of woodlands or the ranges which they complement is needed to preserve the land on the mountains or on the slopes” (art. L311-3). In the department of Réunion, it is prohibited in principle to clear woodlands and forests, except where a special waiver is granted (art. L363-2). Lastly, forests whose conservation is recognized as being necessary to maintain the land in mountain areas may be declared as “protected forests” and thereby be granted total protection (art. L411-1).
In order to protect water, all new constructions, installations and roads, as well as extraction or excavation operations, are forbidden on a width of 300 metres from the banks of water bodies less than 1 000 hectares in size. This prohibition allows, however, for many waivers: buildings for agricultural, pastoral or forest use, mountain refuges, and road or staging posts open to the public for rambling, excursions, scientific installations, if no other facility is possible and the necessary facilities for hosting and guaranteeing the safety of bathers or people practising water sports may be authorized (Town Planning Code, art. L145-5). As one author (Romi, 2001) has noted, Act 85-30 is a retrograde step compared with the 1977 Mountain Directive, which prohibited all developments on all water bodies without exception.
Act 85-30 does not explicitly deal with protecting mountain soil against erosion, but the Forest Code devotes a whole title to mountain lands conservation and restoration. Measures to be taken vary depending upon the state of the soil.
When the soil does not seem to be sufficiently seriously degraded to require restructuring, the area is placed under “protection” (mise en défens) (art. L421-1). The purpose of this measure is to conserve fragile soils by excluding not only grazing but all other forms of use (Liagre, 1997). By decision of the Prefect, a particular area can be declared prohibited for any kind of use for a period of up to ten years, and the private owner must be compensated for being deprived of its use. When this prohibition extends beyond ten years, the State is required to purchase the land if the owner so requests (art. L421-2).
When a piece of land is seriously degraded, restructuring can be declared by decree to be in the public interest. This is done after a public enquiry, the adoption of a resolution by the municipal councils, and the issue of an opinion by a special commission and of the opinion of the General Council. The public authority requesting restructuring is responsible for paying the cost of the work (art. L424).
The statutory regime introduced by Act 85-30 reflects the specific conditions and needs of mountain regions from many points of view. The Act makes it possible to clearly define mountain zones based mainly on altitude-related criteria, complemented by a particular marking-out of each of the country’s mountain ranges. The Act also institutes specific bodies with conception, consultation and management functions for mountain areas and ranges. Furthermore, the Act allocates part of the National Physical Planning and Development Fund’s resources for the promotion of mountain resource activities.
Several provisions of Act 85-30 have, since their adoption, been incorporated into various Codes which, together with this Act, comprise French mountain law. Mountain agriculture, for example, which is recognized as being of paramount importance for mountain people, is governed by the Rural Code. Similarly, tourism developments are addressed by Act 85-30, but they are dealt with more extensively by the Town Planning Code. Likewise, environmental protection in mountain zones, where there are forests, woodlands or water bodies, are governed by specific provisions of the Forest Code and the Town Planning Code.
This has created a favourable legal framework for the management and development of French mountains.
Legislation
Act 82-653, 29 July 1982, reforming planning (Loi 82-653 du 29 juillet 1982 portant réforme de la planification)
Act 85-30, 9 January 1985, on the development and protection of mountains (Loi 85-30 du 9 janvier 1985 relative au développement et à la protection de la montagne)
Act 82-1283, 11 December 1992, relating to the legislative part of the first (new) book of the Rural Code (Loi 92-1283 du 11 décembre 1992 relative à la partie législative du livre Ier (nouveau) du code rural)
Act 95-115 of 4 February 1995 providing guidelines for physical planning and development (Loi 95-115 du 4 février 1995 d’orientation pour l’aménagement et le développement du territoire)
Act 98-565, 8 July 1998, in relation to the legislative part of the new book VI of the Rural Code (Loi 98-565 du 8 juillet 1998 relative à la partie législative du livre VI (nouveau) du code rural)
Act 99-533, 25 June 1999, providing guidelines for the sustainable physical planning and development, amending Act 95-115 (Loi 99-533 du 25 juin 1999 d’orientation pour l’aménagement et le développement durable du territoire et portant modification de la loi 95-115)
Act 99-574, 9 July 1999, providing agricultural guidelines (Loi 99-574 du 9 juillet 1999 d’orientation agricole)
Environment Code (Code de l’environnement)
Forest Code (Code forestier)
General Local Authorities Code (Code général des collectivités territoriales)
Rural Code (Code rural)
Town Planning Code (Code de l’urbanisme)
Decree 85-994, 20 September 1985, on the composition and operation of the National Mountain Board (Décret 85-994 du 20 septembre 1985 relatif à la composition et au fonctionnement du conseil national de la montagne)
Decree 85-995, 20 September 1985, on the composition and operation of the Range Committee for the Massif Central (Décret 85-995 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour le Massif central)
Decree 85-996, 20 September 1985, on the composition and operation of the Range Committee for the Northern Alps (Décret 85-996 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour les Alpes du Nord)
Decree 85-997, 20 September 1985, on the composition and operation of the Range Committee for the Southern Alps (Décret 85-997 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour les Alpes du Sud)
Decree 85-998, 20 September 1985, on the composition and operation of the Range Committee for Corsica (Décret 85-998 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour la Corse)
Decree 85-999, 20 September 1985, on the composition and operation of the Range Committee for the Pyrenees (Décret 85-999 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour les Pyrénées)
Decree 85-1000, 20 September 1985, on the composition and operation of the Range Committee for the Massif Jurassien (Décret 85-1000 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour le Massif jurassien)
Decree 85-1001, 20 September 1985, on the composition and operation of the Range Committee for the Massif Vosgien (Décret 85-1001 du 20 septembre 1985 relatif à la composition et au fonctionnement du comité de massif pour le Massif vosgien)
Decree 2000-1231, 15 December 2000, on the use of the term “mountain” (Décret 2000-1231 du 15 décembre 2000 relatif à l’utilisation du terme «montagne»).
(Texts available at Légifrance Web site: www.legifrance.gouv.fr).
Documents
Despax, M. 1980. Droit de l’environnement, Paris, LITEC
Fromageau, J. & Guttinger, Ph. 1993. Droit de l’environnement, Paris, Eyrolles
Liagre, J. 1997. La fôret et le droit, Paris, La Baule
République française. 1997. La zone de montagne, support de politique publique: une définition qui a peu évolué, mais une extension importante des territoires concernés (www.mtnforum.org/resources/library/franc97a.htm)
Prieur, M. 2001. Droit de l’environnement, (4th ed.), Paris, Dalloz
Romi, R. 2001. Droit et administration de l’environnement, (4th ed.), Paris, Montchrestien
United Nations Sustainable Development Web site: Profil de la France (1997) (www.un.org/esa/agenda21/natlinfo/countr/france/natur.htm).
Web sites
Légifrance: www.legifrance.gouv.fr
Le développement touristique en espace montagnard: www.chez.com/geotourisme/espace.htm
Le monde de la montagne: http://perso.wanadoo.fr/skizo.industrie/ENVIRonnement.htm.
Under the Georgian Constitution, the central government is required to promote the equitable development of the whole of the national territory, with the possibility of enacting legislation to introduce special privileges to guarantee the economic and social progress of high mountain regions (Art. 31). This provision of the Constitution was implemented in 1999 by the adoption of the Act on the Socio-economic and Cultural Development of Mountain Regions. In view of the geopolitical importance of mountains, the purpose of this Act was to create favourable conditions for their sustainable development, to enhance and exploit their economic potential, and to curb the exodus of mountain populations.
The legislation governing mountains is primarily based on the 1999 Mountain Act, which is short and simple, and whose adoption led to the amendment of other acts, particularly the Act on Education and the Act on Health Care. Both were altered in 1999 to make their provisions complementary to, and consistent with, the purposes of the Mountain Act.
The demarcation of mountain regions in Georgia is mainly based on the hypsometric criterion (contour lines). As a general rule, a region must lie at a minimum altitude of 1 500 metres to be considered mountainous. In addition to this basic criterion, the Act adds other parameters such as the steepness of the gradients, environmental conditions, soil quality, geographical situation, economic and ethnic features, demographic and migration features.
This broadens the concept of “mountain” and enables the Act to apply to other zones such as the southern part of the Caucasus and the Adzhar and Guria ranges, which are below 1 000 metres above sea level, and even below 800 metres in some cases (art. 4). Furthermore, independently of the contour criteria, the Act applies to certain areas that are being rehabilitated for human settlement, such as the regions of Mtianeti, Pshav-Khevsureti, Tusheti and the Gudamaknri Ravine (art. 5).
In addition, the Act contains a Schedule naming the villages and towns which fall within its scope (art. 6).
The Act did not create any specific institution responsible for mountain regions. It must therefore be enforced by existing competent authorities. In reality, however, a Committee for Mountain Regions and Settlements was established within the Georgian Parliament to promote the development of mountain regions.
The Committee works in close conjunction with an NGO which has been established to defend the interests of mountain zones, the Georgian Union of Mountain Activists. This was founded in 1999 and comprises mountain specialists from different backgrounds, working for the Georgian mountains at both national and international levels. The Union played an active part in drafting the Mountain Act before its adoption, and is now supporting its enforcement. It recently conducted a survey to define mountain regions based on the so-called “complexity” criteria. These identify the distinctive features of each mountain region, particularly in terms of such factors as altitude, topography, climate and the road network (Georgian Union of Mountain Activists, 2002). Furthermore, its programme of action comprises various environmental, socio-economic, tourism-related and legal measures to support the development of the country’s mountains and to promote a “Caucasian Convention” to establish a regional framework for trans-Caucasian cooperation.[6]
Mountain regions cover more than two-thirds of the whole country, and are home to a population of about 500 000, which makes them crucially important to the national economy in general (Gulua, 1998). Their socio-economic development therefore plays a prominent part in the Mountain Act.
(a) Funding
The mobilization of resources from various sources, including European Union funds, for the benefit of mountain regions, is one of the main objectives of the Act (art. 1(g)). There is provision for two particular sources of funding: appropriations from local budgets, and resources from a fund to be established, whose resources will come from local natural resource-use revenues, rents from grazing lands, donations, etc. (art. 5.2).
(b) Agriculture
Mountain regions make a major contribution to national agricultural production. However, during the 1990-1994 period, there was a political and economic crisis in the country which seriously affected the arable lands and traditional farming systems, leading to huge falls in output both of agriculture and livestock (Gulua, 1998). It was partly to make up for these difficulties that the Mountain Act was passed in 1999, in the hope of giving mountain zones a further impetus to development. And this is why the Act makes agriculture, in its different forms (livestock production, vegetables, fruit, fish), the basis of the economic, social and cultural development of mountain regions (art. 2).
(c) Tourism
Georgia was formerly one of the most popular tourist destinations, attracting, at the beginning of the 1990s, more than 1.7 million Georgian visitors and 170 000 foreign tourists.[7] Tourism later slumped, largely because of the political instability, the shortage of accommodation and the lack of a favourable economic environment (Mountain Agenda, 1999). To reverse this trend, and banking on the attraction of national mountains to tourists, in 1998 the Government declared tourism to be “one of the key sectors of national development”.[8]
(d) Handicrafts
The Act also encourages investment in handicrafts in mountain regions for the benefit of mountain communities. In addition to setting up training centres, a number of craft activities are eligible for financial support, such as wood-carving, pottery and the manufacture of musical instruments. Facilities are also available to local enterprises using mountain resources and local labour (art. 3).
Because of the high altitudes and the lack of adequate infrastructure, mountain populations are sometimes isolated and often have to cope with difficult living conditions. This induces them to leave their home mountain regions, causing them to lose their culture and traditional knowledge (Curtis, 1994). The social measures to help mountain people, under the Act, are designed to address this issue (art. 1).
(a) Education
Following the entry into force of the Mountain Act, the Act on Education was amended in June 1999, creating free primary and secondary education in mountain regions, with central government funding for schools. Being free of charge, this benefits pupils living in mountains who, without schools in their areas, must attend schools in the lowlands. School syllabuses and curricula in mountain regions are now required to include courses on ecology and handicrafts. If these courses do not already exist, the central government must set up special schools to provide handicraft training.
To compensate for the difficulties of living in mountains, teachers are awarded salary increments to encourage them to settle in mountain zones. The benefits are laid down according to altitude: in schools in areas of up to 1 200 metres, salary increments are equivalent to 50 percent of the salary; in areas above 1 200 metres, teachers are entitled to social benefits in addition to an increment equivalent to 70 percent of their normal salary. Lastly, teachers in those areas retire on 100 percent of their final salaries.
(b) Health
Changes have also been made to the Act on Health Care following the adoption of the Mountain Act. The amended Act provides free medical care in mountain regions. Central government covers the cost of building medical facilities and pays their operating costs. It also awards salary increments to medical personnel to encourage them to settle in mountains, varying according to the altitude: a 50 percent increment of the basic salary in regions of up to 1 200 metres, and a 70 percent increment above that altitude.
One of the objectives of the Mountain Act is to promote the protection of mountain ecosystems and landscapes (art. 1). To do this, mountain regions can be declared as “protected” (art. 3). Furthermore, mountain development projects must be implemented in such a way that they guarantee the rational use of local resources, in accordance with the principles of sustainability enshrined in the Alpine Convention (art. 2).
Other than these fairly general provisions, no other specific measures are laid down in the Act for the protection of the environment in mountain regions. However, there are related acts (on protected areas, forests, water, etc.) which do contain complementary provisions of relevance to the conservation of the mountain environment.
Although the Mountain Act is set out in very concise terms, it addresses the main aspects of mountain development. In order to be fully enforced, the Act requires detailed implementing regulations, but these have not so far been forthcoming. At the institutional level a Committee has been set up in the Parliament to promote and coordinate mountain development activities. The Act also lists socio-economic activity sectors (agriculture, tourism, handicrafts, education, etc.) which are eligible to benefit from incentives to invest in mountain regions. Lastly, the Act contains some concise provisions regarding the protection of mountain ecosystems.
Legislation
Act, 8 June 1999, on the Socio-economic and Cultural Development of Mountain Regions
Act on Education, 27 September 1997, amended on 9 June 1999 (www.parliament.ge)
Act on Health Care, 12 October 1997, amended on 9 June 1999 (www.parliament.ge)
Documents
Curtis, G.E. (ed.). 1994. Georgia: A Country Study, Library of Congress, Federal Research Division (memory.loc.gov/cgi-bin/query/r?frd/cstdy:@field)
Gulua, B. 1998. Statement of the Minister of Agriculture and Food of Georgia, European Mountain Convention, Ljubljana, Slovenia (www.mtnforum.org/resources/library/eurom99b7.htm)
Mountain Agenda. 1999. Mountains of the World: Tourism and Sustainable Mountain Development, University of Berne.
Web sites
Caucasus Network: www.cenn.org
Georgian Union of Mountain Activists: www.itic.org.ge/geomountain.
Italy’s mountains, with a population of over 10 million, contain some of the wealthiest but also some of the poorest regions in the country. Twenty-three of the 30 wealthiest municipalities are in mountain zones (mostly in the North), as well as 27 of the 30 poorest municipalities (mostly in the South).[9] No mountain policy can therefore ignore this difference in development levels in the mountains, and must attempt to redress it.
The 1947 Italian Constitution (which came into effect in 1948) is unique in the special place it attributes to mountain zones, requiring that they must be given specific statutory advantages (art. 44). It is this constitutional provision that underlay the enactment of various mountain-related laws since the 1950s.
Today, there are essentially two complementary acts for protecting and enhancing mountain regions: Act 1102 of 1971 enacting new provisions for mountain development, and Act 97 of 1994 enacting new provisions for mountain zones. In order to combat the socio-economic inequalities between people living in the valleys and mountain communities, stress is placed on improving the living conditions of such communities, particularly by promoting public services and infrastructure facilities. Furthermore, an integrated approach is taken to the various dimensions of rural development: agriculture, forestry, tourism and the environment.
These two basic laws were complemented by several other pieces of legislation, particularly Acts 72 of 1975 and 93 of 1981 providing financing for mountain communities, the Local Authorities Act 142 of 1990 (amended by Act 265 of 1999) which sets down the status of those communities, and a number of other specific instruments, some of which are dealt with below.
Most of mountain regions also have their own mountain legislation, but regional laws are not examined in this short overview of national legislation.
A precise definition of the notion of “mountain” makes it easier to specify the territorial scope of application of the statutory provisions regarding mountains. The criteria for defining mountains used in legislation were originally based primarily on altitude. Act 991 of 1952 on woods, forests and mountain areas considered to be mountainous any municipality having at least 80 percent of its area over 600 metres above sea level, as well as any zone having in its area a difference in altitude of at least 600 metres (art. 1).
This “mechanical” approach for defining the borders of mountain zones was later adjusted by the introduction of Act 657 in 1957, which made it possible to include, among the mountain municipalities, those which did not meet the altitude criteria, but which had the same agro-economic conditions. This broadening of the criteria led to a gradual increase in the number of mountain municipalities up to 4 194 by the end of 1994, that is, about 51 percent of the total number of municipalities, involving 54 percent of the national territory (Maglia and Santoloci, 1998).
Act 142 repealed the classification criteria (art. 29.7) without laying down any new ones, and merely set strict limits on the structures of mountain communities. In view of this, the Home Affairs and Agriculture Ministers decided jointly in 1995 that there was no point in continuing to classify mountain municipalities. As a result, the number of municipalities already classified at that date was fixed for ever (Maglia and Santoloci, 1998).
Following Act 1102 of 1971, the institutional framework for mountains was marked by a considerable decentralization of authority, with broad powers being devolved on the regions and other local autonomous authorities. Previously, actions in favour of the mountains were mostly taken at the national level, albeit in a fragmentary fashion, forming part of a policy to assist mountain regions.
Under the Italian Constitution, which was amended in 2001, the regions are empowered to enact legislation in areas which are not under the jurisdiction of central government, and also in matters over which central and regional governments have shared jurisdiction (art. 117). Administrative functions are vested in municipalities and, in some cases, in provinces, città metropolitane, regional governments and central government, on the basis of the principles of subsidiarity, differentiation and adjustment (art. 118).
With regard to mountains, Act 1102 of 1970 introduced a particular form of local government, the mountain communities (communità montane), which have a central place in enhancing mountain resources. The rules governing these communities have subsequently been changed, and are now set out in Act 142 of 1990, amended in 1999.
(a) Status of the Communities
Mountain communities comprise several mountain municipalities, or partly mountainous municipalities, and are established by the presidents of regional governments. Regional legislation sets out the procedures for approving the statutes of the communities, lays down the procedures for concerted action, regulates the zoning plans and annual programmes, sets the criteria for distributing regional aids and European Union funding, and governs relations between these communities and other entities working in the same territory (Act 142, art. 28, as amended).
The mountain community is considered both in literature and in case law as an autonomous local authority in political and administrative terms. Its purpose, as well as its status and autonomy, make it a “second tier” entity, lying between the municipalities, the provinces and the regions (Maglia and Santoloci, 1998).
Mountain communities have a representative body elected by the municipal councils of each community, and an executive body, composed of the mayors, deputy mayors and councillors of the municipalities forming part of the community (Act 142, art. 28.2).
The composition of mountain communities is based on geographic as well as demographic criteria. Municipalities with a population in excess of 40 000 are excluded from these communities. In addition, regional legislation may also exclude municipalities that are only partially mountainous, with fewer than 15 percent of the total population living in a mountain region. The zones that are excluded in this way are not, nevertheless, excluded from receiving the aids granted to mountain territories by the European Union, the central government or the regional government. A regional law may also incorporate into a given community any neighbouring municipalities with a maximum of 20 000 residents, and forming an integral part of the geographic and socioeconomic system of the community (Act 142, art. 28.5, as amended).
(b) Prerogatives of the Communities
Act 142 provides that the purpose of mountain communities is to enhance the value of mountain zones, to perform their own functions and those delegated to them, and to allow the joint exercise of municipal functions (art. 28.1). To this end, communities must adopt multi-year action and intervention plans as well as annual operational programmes. They must also identify the resources required to pursue their socioeconomic development objectives, including resources available from the European Union, as well as from central and regional governments (art. 29).
Mountain communities may also partially delegate to other entities the implementation of specific programmes and actions falling within their territorial jurisdiction. Conversely, they can take over the specific functions of any other entities forming part of them, if they delegate them to do so (Act 1102, art. 6), including functions of partially mountainous municipalities with a population of not more than 50 000 (Act 93, art. 4).
(a) Special Fund
Act 97 of 1994 sets up the National Mountain Fund, whose resources are used to finance projects and actions to foster the economic, ecological, social and cultural development of mountain regions. The resources of the Fund come from the European Union, central government and other public entities. Regular or special appropriations are also provided by the central government for local authorities (arts. 1 and 2).
The resources of the Fund are divided between the autonomous provinces and regions, which set up their own regional mountain funds, using additional appropriations from their own budgets. It is the responsibility of the autonomous provinces and regions concerned to enact legislation laying down the criteria for the allocation of these resources (Act 97, art. 2).
The criteria for distributing the resources of the Fund between the regions and autonomous provinces are laid down by an interdepartmental committee, acting on proposals of the minister concerned, and taking account of the opinions of concerned parties, particularly the need to safeguard the environment as well as to foster agricultural, forestry and pastoral development, the area of the mountain zones, the resident population, average incomes, and the level of public services (Act 97, art. 2).
(b) Agriculture and Related Activities
Even though Act 1102 deals with the socio-economic development of mountains in general, it does not explicitly refer to agriculture as such. This leaves the mountain communities a great deal of autonomy in this regard, subject to a few rules set out in other legal instruments. For example, Act 97 prescribes measures “for the conservation of the integrity of the agricultural enterprise” (art. 4).
From another perspective, in order to protect the historical and cultural heritage of mountains, Act 97 fosters the exploitation and improvement of typical mountain agricultural products, which are protected by a “denomination of origin” or a “geographic indication”. Agri-food products produced in mountain municipalities or using raw materials from them can also be entitled to use the “products of Italian mountains” label, on the conditions laid down by ministerial order (art. 15).
Act 97 also deals with other rural activities which are generally important for the local economy in mountain zones: hunting, fishing, and gathering underwood products (art. 8). These activities must in particular: (i) be in accordance with current provisions governing the protection of the environment and natural resources; and (ii) create employment and local enterprises and activities in the agro-forestry and pastoral sector.
One of the purposes of Act 1102 is to equip mountain zones with adequate infrastructure facilities and services to permit their harmonious development and improve the living conditions of local people, and help them to cope better with the difficulties of the mountain environment.
More specifically, Act 93 provides for special electricity and telephone charges to be paid by mountain communities. These must also contribute towards the cost of installing telephone and electricity cables and other services for users living outside the inhabited centres, and who are therefore disadvantaged by the distance, so that the cost paid by these residents does not exceed the cost charged to users living in the inhabited centres (art. 5).
A few general provisions for protecting the mountain environment are given in Act 1102 (art. 9) and Act 97 (art. 7). The first Act gives regions, mountain communities and municipalities the possibility of acquiring or contracting long-term leases (for at least 20 years) of uncultivated or deforested mountain lands to convert them into forests, grazing lands or nature reserves. In the event of failure to acquire these lands at current market prices, the regional, community and municipal authorities concerned may expropriate them if this is necessary for soil conservation and the protection of the natural environment.
The second Act provides that development plans of mountain communities, whose primary purpose is to foster socio-economic activity, must also give priority to measures for safeguarding and enhancing the environment, particularly with regard to the water balance, natural and cultural heritage, and rural and mountain landscapes, respecting both development and environmental demands.
Act 97 contains specific provisions on forest resources in mountain zones (art. 9). Mountain communities, separately or jointly, are required to promote the management of the forests within their jurisdiction by concluding agreements with the owners or by setting up forestry groups. Financing may be granted by the central government, the regions or the autonomous provinces to mountain municipalities and communities, in order to establish forest plantations. Regional, provincial and municipal authorities may also delegate mountain communities to manage their respective woodlands.
Italian mountain legislation, which is one of the oldest of its kind, has gradually developed and been enriched over the last three decades. It provides broad legislative powers for the regional authorities, which frequently use them by enacting regional laws specific to their own mountain zones. The regions can also delegate many of their functions to lower-tier local authorities, in order to involve mountain populations in protecting and enhancing the natural environment and their own living space. Italian legislation has also established specialized local entities to enhance mountains - the mountain communities.
In addition to agriculture, which plays an important part in the development of mountain zones, Italian legislation provides incentives to manage and exploit the natural resources of mountains so as to foster multiple activities.
At the social level, the legal instruments governing mountains stress the development of public services and infrastructure facilities to raise the living standards of mountain people and to narrow the differences in development levels between them and the population living in the valleys.
Lastly, the mountain environment is accorded protection, particularly in the form of incentives for the reforestation of lands that have lost their tree cover, as well as for soil conservation, maintenance of the water hydrological balance and creation of nature reserves.
Legislation
1947 Constitution
Act 991, 25 July 1952, on woods, forests and mountain areas
Act 657(3), 30 July 1957
Act 1102, 3 December 1971, enacting new provisions for mountain development
Act 72, 11 March 1975, providing financing to the mountain communities established by Act 1102 and enacting measures for mountain zones
Act 93, 23 March 1981, enacting supplementary provisions to Act 1102
Act 142, 8 June 1990, on the autonomous local authorities, amended by Act 265 of 3 August 1999
Act 97, 31 January 1994, enacting new provisions for mountain zones.
Documents
Maglia, S. & Santoloci, M. 1998. Il codice dell’ambiente: legislazione illustrata con il commento, la bibliografia, la giurisprudenza ed il formulario. (9th ed.). Piacenza, Editora la Tribuna
United Nations Sustainable Development Web site: Natural Resource Aspects of Sustainable Development in Italy (1997) (www.org/esa/agenda21/natlinfo/countr/italy/natur.htm).
Even though the Russian Federation has nine mountain ranges (Curtis, 1996), it has not yet drawn up a specific policy for mountain regions, and neither has it adopted draft legislation laying down the criteria for awarding a region “mountain” status (Ministry of Environmental Protection and Natural Resources, 1996). In other words, there is no specific policy or legal instrument dealing with mountains at the federal level.
The Russian Federation’s Republic of North Ossetia-Alania lies in the northern part of the Caucasian ranges, and is very much aware of the need to develop its mountain regions in order to improve the socioeconomic conditions of the people living there. Mountains occupy over one-half of the territory of the Republic, and mountain policy is therefore one of the pillars of North Ossetian development (Vaguin, 1999). The Republic has its own development programme, the “Ossetia Mountain Programme,” which was formally adopted by the Government (Badenkov, 1996) and subsequently passed into law when it was enacted by the Parliament of North Ossetia-Alania.
The Development of Mountain Regions Act of 30 December 1998 comprises 43 articles set out in seven Chapters. It covers every aspect of the socio-economic development of mountain regions of North Ossetia-Alania. Designed as a basic text setting out the fundamentals principles and the general rules governing the activities of mountain people, the Act is to be complemented and clarified by regulations for its implementation (art. 1).
Apart from the 1998 Act, mountain law in North Ossetia-Alania also draws on other related laws of the Republic and of the Federation (art. 6).
The Mountain Act sets out its scope by specifying the regions to which it applies and defining the concepts used (arts. 1-5). It lays down detailed criteria for the demarcation of mountain regions, even down to specifying the contour lines. The Act also sets the size of human settlements in mountain areas in order to identify which populations are eligible to receive the statutory benefits it provides.
Mountain regions are defined as areas characterized by specific natural conditions (in terms of altitude, topography, climate) having a major impact on the human activities performed there (art. 1). Mountain regions comprise watersheds, mountain slopes and rocky chains, including depressions made up of pastures and woodlands. They have borders to the north, south and west: the “northern frontier” runs along the demarcation line of the State forest (the northernmost border of the Black Mountains); the “southern frontier” coincides with the border between the Russian Federation and Georgia; while the “western frontier” coincides with the administrative borders separating North Ossetia-Alania from the Republic of Ingush (art. 2). In addition to setting the borders, the Act also subdivides mountain regions into three categories in terms of altitude:
the “low mountains”, at an altitude up to and including 1 000 metres;
the “medium mountains”, at an altitude of between 1 001 and 2 000 metres; and
the “high mountains”, at an altitude of above 2 001 metres.
Human settlements in mountain zones are described as villages, working installations and other settlements located within the boundaries of the watersheds, slopes and rocky chains of the Grand Caucasus (art. 3). The Government of the Republic is required to draw up a list of these human settlements in accordance with statutory provisions. This is particularly important when establishing the identity of “mountain populations” because it makes it possible to register the residents of mountain settlements. These are people living permanently in mountain settlements or those who have worked there for more than one year and continue to live there for their work, or because of a disability, or because they are retired. All these people must be registered with a mountain settlement (art. 4).
The Act makes provision for the establishment of a special institution with responsibility for mountain regions, but leaves the definition of its powers and responsibilities and its organizational structure to regulations to be issued subsequently (art. 9). In the performance of its functions, this institution must coordinate its work with the environmental services, cooperating with the local authorities and respecting the rights of nature users (art. 10). The institution must also contribute towards regulating and managing natural resources in mountain regions, in conjunction with the technical services that have specific responsibility in this area (art. 35). Its budget will come mainly from appropriations provided by the Federation and by the Republic, and from revenues from taxes and licences for the use of the natural resources of mountain regions (art. 27).
The Act also sets out the jurisdiction of the central and local authorities regarding the protection and use of the natural resources of mountains. These central and local authorities also help at their respective levels to formulate, finance and implement mountain natural resource management programmes and measures to protect the environment. They also have their own specific functions. For example, central government is responsible for enacting legislation and issuing regulations governing the use of natural resources, keeping the land registries, and setting up natural resource data banks. The local authorities, on the other hand, adopt and execute their local budgets, contribute to setting up mountain regional development funds, regulate the use of water at the local level, and manage communal lands in mountain zones (arts. 7 and 8). Lastly, the central government and local government authorities are both responsible for the general scrutiny of the management of natural resources in mountain regions (art. 36).
According to its preamble, the Act sets out to lay the socio-economic bases and provide the statutory framework for the sustainable development of mountain regions in the Republic, to preserve their natural resources so that they can be rationally utilized, and to safeguard the historical, cultural, and architectural heritage that they contain.
In principle every person, national of foreigner, is entitled to enjoy the natural resources of mountain areas. However, the resident population has priority usage rights over these resources (art. 11). Privileges are also granted to different categories of individuals and institutions, established in the mountains, to use their natural resources: farmers, producers of goods for use in mountain zones, municipal enterprises and entities responsible for education, public health and culture. The nature of these privileges is to be laid down by the Parliament of the Republic, acting on a government proposal (art. 19). Lastly, the Act vests mountain people with rights to use timber for gainful purposes (art. 17).
In exchange for the rights vested in them, the beneficiaries also have to undertake a number of obligations. The users of non-renewable natural resources must rationally harvest them in compliance with current environmental rules, with both administrative and criminal liability for non-compliance (art. 15). The users of renewable natural resources are required to ensure the protection, restoration and regeneration of water and soil resources, as well as fauna and flora. Any damage caused by the culpable depletion or loss of soil fertility by users must be redressed by the offenders. Criminal liability is also incurred by failure to comply with the laws and regulations governing natural resources (art. 16).
Infringements of mountain legislation also give rise to other specific civil and criminal penalties (arts. 40 and 41). In addition to paying compensation for loss and damage caused to the owners, anyone liable for offences against natural resources may be subject to the penalties provided by the laws of the Federation and the Republic. These provisions apply equally to nationals and foreigners, the latter having the same rights and duties as nationals of the Republic as far as mountain natural resources are concerned (art. 39).
In mountain regions a permit is required for the gainful use of natural resources, including mining, the use of fresh and mineral water, tourism and leisure activities, felling, collecting medicinal plants, grazing or hunting. Permits are issued to applicants under conditions laid down by the laws and regulations governing each of these matters (art. 14).
Access to natural resources is free in some cases, while in others, a charge is made. A fee is payable, for example, to use the soil and the subsoil, fresh water resources, fauna and flora, and for the construction of industrial, medical and recreational installations and facilities (art. 17). The fees are set in accordance with current regulations or, if these do not exist, by the Government of the Republic (art. 18). Conversely, certain not-for-profit activities can be performed free of charge. This applies mainly to the gathering of fruit, mushrooms and medicinal plants, to water extraction for domestic use or to grazing by mountain populations (art. 17).
The law also provides the possibility of using a number of economic and financial instruments for its implementation, such as taxes, appropriations or insurance (art. 24). The tax regime differs from one sector to another and from one taxpayer to another. As far as natural resources are concerned, taxpayers who are not mountain residents pay the same taxes as anyone else in the Republic and the Federation. Conversely, public enterprises that have been established in mountains have a 50 percent abatement of their tax liability. Lastly, all civil servants who have recently settled in a mountain region, as well as new residents and private producers for the first five years after becoming established there, are wholly tax-exempt (art. 20).
Depending upon whether natural resources are publicly or privately owned, activities relating to them are to be financed by the Government or private individuals (art. 25). The latter must also pay the cost of developing the natural resources they use in the mountains. Conversely, the operating costs of public services in the fields of culture, education, science, public health, communications and television are paid from the budgets of the Republic and the Federation (art. 26).
Programmes for the protection of natural resources must be implemented in mountain regions by the governmental institution responsible for those regions, in conjunction with the local authorities, and they must be funded from the budget of the Republic (art. 34).
Among the specific measures to safeguard the mountain environment, the Act requires natural resources to be carefully managed. In particular, logging must be carried out appropriately, rangelands must be improved, erosion combated, etc. (art. 14).
More broadly speaking, the Government is responsible for guaranteeing the ecological balance of mountains, particularly by carrying out environmental impact assessments. These must be conducted by specialized entities in the Republic before any projects or operations likely to affect the natural environment in mountain zones can be implemented. Decisions taken by these bodies based on their ecological expertise can only be challenged in the courts (art. 37).
North Ossetia-Alania is the only Republic in the Russian Federation that has legislation dealing specifically with mountain regions. It is largely focused on the regime governing the management of mountain natural resources, and is designed to protect them and regulate their use. It lays down specific rights and duties in this regard, which vary depending upon the users and the sectors concerned, giving certain privileges to mountain populations and to activities which help to drive their development, mainly in the form of tax incentives. The Act creates an institutional framework specifically for administering mountain regions and for the implementation of its provisions. It provides for new financial resources, mainly from government budgets. Lastly, it imposes a general obligation to conduct environmental impact assessments of all work and projects that are likely to damage mountain ecosystems. In all these areas, however, detailed regulations must be issued in order for the Act to be effectively implemented.
Legislation
Development of Mountain Regions Act of 30 December 1998.
Documents
Badenkov, Y. 1996. PFM: Issues in Russia, Mountain Forum Discussion Archive (# 8996b) (www.mtnforum.org/emaildiscuss/discuss96/aug96/8996b.htm)
Curtis, G.E. (ed.). 1996. Russia: A Country Study, Library of Congress, Federal Research Division (http:/memory.loc.gov/cgibin/query/r?frd/cstdy:@field)
Ministry of Environment Protection and Natural Resources of the Russian Federation. 1996. Mountain Regions of the European Part of Russia: Status and Problems of Development - National Report (www.mtnforum.org/resources/library/mabru96a.htm)
Vaguin, V. 1999. Law on Mountain Territories (English summary) (www.mtnforum.org/resources/library/rnoa98a.htm).
Unlike the other countries studied in this paper, Switzerland does not have a single “Mountain Act” but a series of texts comprising its “Mountain Legislation”. Since the country is almost entirely mountainous, a large number of legal texts have been adopted over the years to regulate different aspects of mountain development and protection. The principal measures they contain are often financial in character, generally in the form of funding granted for the benefit of mountain regions.
Swiss mountain policy sets out to link the protection of nature with the people’s right to adequate economic development. These objectives are pursued both by the Confederation and by the individual cantons, in view of the institutional character of Switzerland as a Federal State.[10] They are therefore reflected in federal law as well as cantonal laws.
Federal Act 901.1 of 1997 on Aid to Investment in Mountain Regions is the main piece of legislation containing incentives for the development of mountains. Its aim is to foster the economic competitiveness of mountain regions, facilitate the exploitation of their potential, conserve their socio-cultural features, guarantee their sustainable development, and strengthen cooperation between mountain municipalities, subregions and regions (art. 1). These provisions are complemented by Federal Agriculture Act 910.1 of 1998 with regard to the development of mountain agriculture.
Social development is addressed specifically in two acts on mountain regions which provide financial benefits: the Federal Mountain Region Housing Improvement Act 844 of 1970, and the Federal Family Allowances in Agriculture Act 836.1 of 1952.
The Ordinance on the Cadastral Survey of Agricultural Production and Area Demarcation 912.1 of 1998 sets out the criteria for demarcating mountain regions.
In addition to federal legislation, several cantons have adopted local legislation which takes account of their own specific mountain zones. This is particularly the case in the cantons of Berne, Fribourg, Neuchâtel and Vaud, whose laws are briefly examined below.
The demarcation of mountain areas is defined by a general legal instrument that applies to the whole of Switzerland, Ordinance 912.1, which was issued in implementation of the Federal Agriculture Act.[11] Mountain zones are divided into four categories, ranging from favourably situated mountain sites (mountain zones I) to the most deprived mountain sites (mountain zone IV), with two intermediate categories (mountain zones II and III). The demarcation of these zones is done by reference to three factors which are, in decreasing order of importance: climate, communications, and configuration of the land. Firstly, the climatic conditions are evaluated in terms of the period during which vegetation is present, taking account of such elements as hours of sunshine, the projection of shadows, altitude and rainfall. Then the state of the roads is examined in terms of the localities served by them, distance between the farm and the village, and public transport. Lastly, the configuration of the land is evaluated in terms of the gradient of the land and the possibility of using agricultural tools.[12]
Under Ordinance 912.1, the demarcation of mountain zones takes place in three stages: (i) the Federal Agriculture Office sets the borders of a mountain region; (ii) the canton concerned makes its representations to the Office; and (iii) the Office places the demarcation lines on topographical maps, which are produced both electronically and on paper, and which constitute the Agricultural Production Cadastral Registry (arts. 4 and 5). The maps must be kept by: (a) the Office for the whole country; (b) the services appointed by the cantons for the cantonal territories; and (c) the municipalities for their own territories.
The borders of the regions may be changed both at the request of the farmers or at the initiative of the Federal Agriculture Office, taking account of the aforementioned criteria. At this stage, the canton through whose territory the borderline to be modified runs must be able to make its representations (art. 6). The decision taken by the Office is published in the Official Gazette of the canton concerned, and must be kept in the same way as the topographic maps mentioned above.
Two other laws also refer to Ordinance 912.1 with regard to their specific areas of application: (i) Act 844 for the improvement of rents and leases in mountain zones, under which the borderlines of mountain zones are laid down in accordance with the Agricultural Production Cadastral Registry (art. 2); and (ii) Act 836.1 on Family Allowances for Agriculture (art. 6).
Act 901.1 of 1997 providing aid for investment in mountain regions (known as the “LIM regions”) defines its own geographic scope. For the purposes of enforcing it, mountain regions are those listed in a schedule. The schedule names over 50 regions, which are commonly designated as “LIM regions”. These regions comprise municipalities grouped together in terms of comparable geographic and economic features, and based on their intention to share the “tasks falling to them” (art. 3). However, their composition may be changed by the cantons or the municipalities concerned. Act 901.1 repealed the 1974 Federal Act governing aid to invest in mountain regions. The latter Act referred to the Livestock Production Cadastral Registry for setting the boundaries of mountain regions. In those days such regions were those “situated in the territory delimited by the Livestock Production Cadastral Registry”. Nowadays, such registration system no longer exists.
The legal instruments regarding mountain regions have not created any specific institution for mountain management. Responsibility for implementing these instruments therefore lies with bodies that already exist, and which are designated to enforce and apply them.
Switzerland being a Federal State, responsibility for natural resource management and environmental protection is shared between the Confederation, the cantons and, to a lesser extent, the municipal authorities. Under the Constitution, the Confederation must work for the sustainable conservation of natural resources (art. 2), taking into account the particular features of the cantons and municipalities (arts. 46 and 50). The cantons perform all the functions which are not vested in the Confederation (art. 3). The Confederation and the cantons, working together, must try to establish a sustainable balance between nature and its use by human beings (art. 73). The enforcement of federal legislation in this area is the responsibility of the cantons, save where specific powers are vested in the Confederation. The municipalities exercise the powers which the cantonal laws vest in them (art. 50).
Mountain legislation spells out the jurisdiction of each organ. Act 901.1 indicates the powers of the Confederation and the cantons over granting aid: the cantons are responsible for implementing the Act and the Confederation must monitor its implementation (arts. 22 and 23). Financial aid is granted by the Confederation, and the cantons are responsible for setting the amount of the loans to be granted (art. 4). In the same way, Act 844 on housing improvements in mountain regions provides for financial support to be given to the cantons for this purpose by the Confederation, while the cantons are required to implement specific measures to improve housing in the mountains (art. 1).
Various associations are specifically concerned with developing and protecting mountain regions, two of which in particular stand out in terms of the magnitude of their contribution: the Swiss Group for Mountain Regions (Groupement suisse pour les regions de montagne) and the Swiss Aid to Mountain Peoples (Aide suisse aux montagnards).
The Swiss Group for Mountain Regions (SAB) was founded in 1943, and its membership comprises all mountain cantons and municipalities, agricultural organizations and professional mutual aid associations, the LIM regions (Act 901.1), other entities working in mountain regions, and numerous individuals. Sustainably using mountain resources, protecting mountains as a natural environment and an economic space, and improving the living conditions in mountain regions are some of SAB’s main objectives. Jointly with the Federal Government, Parliament and other associations, SAB makes proposals and undertakes to assist mountain regions, ensuring respect for their specific features in every respect. It keeps public opinion informed through its publications (particularly its magazine “Montagna”) and offers a number of services such as counselling, courses, surveys and studies.
The Swiss Aid to Mountain Peoples is an association recognized as a public utility, and was founded in 1952. It comprises individuals and corporations supporting its aims and its activities (article 4 of its Statute). The purpose of the association is to enhance the economic potential of mountain regions and improve living conditions of mountain residents, with a view to curbing rural exodus by supporting mountain agriculture and fostering mutual aid between small mountain farmers. It also sets out to improve housing and working conditions there, to enhance the value of mountain regions by constructing appropriate infrastructure, by helping young farmers to receive training and by supplying social support for people in difficulties.
Being a mountainous country, Switzerland has every interest in implementing specific measures to foster the socio-economic development of its mountain regions. Various forms of assistance are therefore offered to these regions, either directly by central government, or with its support through independent organizations such as the Swiss Aid to Mountain Peoples, which works to improve the bases of the economic existence and living conditions in mountain regions (article 2.1 of its Bylaws).
(a) Special Funds
Act 901.1 established a fund to finance investment aid, whose resources come from the Federal Government, previous loan repayments and interest revenue from these loans, as well as contributions from the cantons which partly guarantee the loans granted.[13] These funds are very important for effectively implementing the Act on Aid to Investment. According to the 2007 Agricultural Policy, its current resources total over 1.6 billion Swiss francs (Office fédéral de l’agriculture, 2001).
At the cantonal level, Act 901.1 is implemented in accordance with the corresponding provisions of cantonal laws. The cantons can also create a special fund under their own legislation. This has been done, for example, by the Canton of Neuchâtel, which has set up a cantonal fund to aid mountain regions under its cantonal Act of 1999, introducing the Federal Investment Aid Act (art. 13). The same has been done in the canton of Berne where the Cantonal Investment Aid Fund was created by a similar act in 1997 (art. 1).
Some financing is also provided by such organizations as the Swiss Group for Mountain Regions (SAB) and the Swiss Aid to Mountain Peoples. The latter, for example, provides mountain communities with a special fund named “Measures for Promoting and Developing Mountain Regions”[14] to carry out major regional projects which are often implemented in conjunction with SAB.
(b) Agriculture
Most of the measures relating to mountain agriculture are set out in the Agriculture Act 910.1. The Confederation is responsible for ensuring that everything is done to guarantee adequate agricultural production, meeting both sustainable development and market needs (art. 1). These measures, which are nationwide in scope, must be geared to the particular features of mountain zones, taking account of the prevailing difficult living and production conditions (art. 4).
The Confederation encourages agricultural development in mountain regions by providing “direct payments” to farmers who manage their own farms, at their own risk, and who have their residence in Switzerland. According to the Agriculture Report 2000, in 1999, 63 percent of the total amount of direct payments went to hill and mountain zones (Département fédéral de l’économie, 2000).
There is also another form of financial aid for farmers, which is granted according to the gradient of available arable land. The lands that are eligible for this aid are those situated in mountain regions and hill zones with a gradient of 18 percent and above (Ordinance 910.13, art. 35). Furthermore, a financial contribution can also be granted for keeping income-generating livestock that consumes rough fodder in mountain regions (Act 910.1, art. 74).
In order to preserve mountain agriculture, the Confederation can also provide cantons with funds to finance small farm aids (art. 78). These aids are paid in the form of loans which can be used, for example, to enable farms in difficulty to return to viability, under preferential conditions in mountain zones. A farm can normally receive such loans only if: (i) it has long-term viability prospects thanks to supplementary off-farm income; (ii) it is rationally managed; and (iii) it is not excessively indebted. In mountain regions, these loans can even be granted to farms which are not viable - except if they have a principal source of off-farm income -, and hence to “ancillary enterprises” (art. 80).
The Agriculture Act also provides aid to improve the land and construct rural buildings. Land improvement means rural infrastructure and works, and the re-organization of land ownership and leasing arrangements, while rural buildings include farm and alpine buildings as well as community buildings to be used for processing and storing products (art. 94). The Confederation can finance up to 50 percent of the costs for mountain land improvements (art. 95). The 2007 Agricultural Policy proposes that the Confederation also takes charge of rehabilitating roads serving agricultural farm assets (Office fédéral de l’agriculture, 2001). The Confederation also supports the construction, renewal and conversion of rural buildings (art. 96). In order to ensure that aid is properly used, it is prohibited to use any constructions built for nonagricultural purposes for the 20-year period following the payment of Federal contributions (art. 102).
At the cantonal level, Act 8.15 of 1995 on the promotion of the agricultural economy in the canton of Vaud provides mountain agriculture incentives in the form of special subsidies, particularly to foster the selection of high-quality livestock and to facilitate the acquisition of agricultural machinery. The Act has been complemented by a regulation proving aid for ancillary crops, studies to promote mountain products, diversification of mountain agricultural activities, etc.[15] Furthermore, to encourage livestock production in mountains, loans can be granted to purchase breeding cows and set up installations to diversify meat production, while contributions can be made available for embryo transplants and calf-fattening.[16]
Lastly, at the federal level, agricultural workers employed by an agricultural enterprise or having the status of “small farmers” may receive a family allowance, whether they live in plains or in mountains.[17] However, the amounts of these family allowances are greater when the agricultural labourer or the small farmer works in a mountain zone.
(c) Infrastructure and Investments
Act 901.1 has set up a system of loans granted by the Confederation to develop infrastructure facilities in mountain regions. In each region, a Regional Development Agency must be established (art. 15). These agencies are responsible for drafting a development programme and a multi-year action programme which, taken together, directs the implementation of new infrastructure. All infrastructure projects must comply with the objectives of the development programme (art. 5). To obtain financial assistance from the Confederation, projects must be mainly intended to foster competitiveness of the regional industry, improve the quality of life and enhance the economic potential of the region (art. 6).
Loans are granted by the Confederation at below-market rates of interest and may even be interest-free if this can be justified by the borrowers’ financial possibilities and the importance of the project (art. 9). In addition to federal contributions, the cantons also play a major part in financing such programmes. For example, the Berne Canton Investment Aid Fund is used to co-finance the aids provided by Act 901.1.[18] The cantons of Fribourg[19] and Neuchâtel[20] also make a 50 percent contribution towards these loans. In the event of loan default, these cantons are liable for one half of the amounts granted (Act 901.1, art. 12).
Financial aid provided under Act 901.1 is also designed to improve the quality of life while guaranteeing or preserving the identity as well as the political and socio-cultural diversity of the region (art. 6). This provision, which was discussed above from an economic perspective, is also relevant in social terms. Furthermore, in order to make up for the precarious living conditions in mountain regions, two other pieces of social legislation contain corrective measures to deal with family and housing allowances.
(a) Family Allowances in the Agricultural Sector
The 1952 Federal Family Allowances in Agriculture Act introduced State social benefits for agricultural labourers and small farmers. The Cantonal Compensation Funds decide on the amounts to be allocated and distribute them (art. 13).
To be eligible for the benefits as an agricultural labourer, a person must be a paid worker employed by an agricultural enterprise. There are two types of allowances: a children’s allowance for each child belonging to the family, and a household allowance for labourers living with their partner. Children’s allowances are higher in the case of workers in mountain zones (arts. 1 and 9).
To qualify for an allowance as a small farmer, the person concerned must be a farmer, either the principal or in a secondary position, with an income below a given ceiling, or a mountain pastoralist (art. 5). The allowances are paid for each dependent child, and here again the benefit is higher when farms are situated in the mountains.
(b) Home Improvements in Mountain Regions
The 1970 Federal Home Improvement in Mountain Regions Act provides low-income individuals and families living in mountains with financial assistance for home refurbishment, construction or improvements in order to achieve healthy housing conditions (art. 1). The income ceiling for qualifying for this financial assistance is regularly revised (Maissen, 1999). The allowance is paid both by the Confederation and by the cantons and covers between 15 and 50 percent of home improvement costs. Extremely poor people may receive a grant to cover up to 75 percent of these costs (Office fédéral du logement, 1999).
Under the Act, the building may not be put to another use for a period of 20 years. If a home which has benefited from this financial aid is used for a purpose other than its primary purpose, or is sold at a profit before the 20-year period has expired, the recipient of the aid is required to repay the monies received (art. 13).
Only a few provisions of the legislation reviewed deal with the environmental protection of mountains. For example, Act 844 provides that any work undertaken for home improvements in mountain regions must be done in accordance with the requirements of physical planning, protection of nature and landscape, and environmental conservation (art. 4). Similarly, one of the purposes pursued by Act 901.1, through the provision of loans for infrastructure programmes and projects, is to promote the sustainable development of mountain regions.
Apart from these specific provisions, measures that are more generally applicable to protecting the mountain environment are found in environmental and natural resource (forests, water, soil, etc.) legislation currently in force in the country. Under the 1999 Federal Constitution, sustainable conservation of natural resources must be one of the aims of Government policy (art. 2.4). This provision “formally anchors the principle of sustainable development” to Swiss legislation (Flückiger, 2001). At the cantonal level, one interesting example of a measure to support sustainable development is found in the Valais canton: in 1999, the canton created a Foundation for the Sustainable Development of Mountain Regions, mainly with the aim to “encourage all activities that foster the sustainable development of mountain regions” (article 3 of its Bylaws).
Several federal and cantonal legal instruments constitute the substance of the Swiss mountain legislation. All these instruments have a common objective: to guarantee appropriate mountain development. The particular features of mountain zones and the comparatively precarious living conditions there help to explain why economic and social benefits and incentives are provided under mountain legislation. Incentives to foster the development of mountain regions are mainly financial: investment financing aid (mostly in the form of loans), direct grants for agriculture, attractive family allowances, home improvement support, etc. Conversely, despite the ecological wealth of the Swiss mountains, their environmental protection is only incidental in mountain legislation. Mountain environment protection measures are therefore less prominent in specific mountain laws than in the broader legislation dealing with the natural environment.
Legislation
Federal legislation
1999 Federal Constitution (Constitution fédérale, 1999)
Federal Act 836.1, 20 June 1952, providing family allowances for agriculture (Loi fédérale 836.1 du 20 juin 1952 sur les allocations familiales dans l’agriculture)
Federal Act 844, 20 March 1970, on home improvements in mountain regions (Loi fédérale 844 du 20 mars 1970 concernant l’amélioration du logement dans les régions de montagne)
Federal Act 901.1, 21 March 1997, on aid to investment in mountain regions (Loi fédérale 901.1 du 21 mars 1997 sur l’aide aux investissements dans les régions de montagne)
Federal Act 910.1, 29 April 1998, on agriculture (Loi fédérale 910.1 du 29 avril 1998 sur l’agriculture)
Ordinance 912.1, 7 December 1998, on the agricultural production cadastral registry and area demarcation (Ordonnance 912.1 du 7 décembre 1998 sur le cadastre de la production agricole et la délimitation de zones)
Ordinance 912.13, 7 December 1998, on direct payments to agriculture (Ordonnance 910.13 du 7 décembre 1998 sur les paiements directs versés dans l’agriculture).
(Texts available on www.admin.ch/ch/index.fr.html)
Cantonal legislation
Berne
Decree of 10 November 1980 on the improvement of the habitat in mountain regions (Décret du 10 novembre 1980 sur l’amélioration de l’habitat dans les régions de montagne)
Act of 16 June 1977 introducing the Federal Act on Mountain Region Investment Aid (Loi du 16 juin 1997 portant introduction de la loi fédérale sur l’aide aux investissements dans les régions de montagne).
(Texts available at www.be.ch)
Fribourg
Order of 28 December 1954 on the participation of municipalities in funding family allowances for agricultural labourers and small farmers in mountain regions (Arrêté du 28 décembre 1954 relatif à la participation des communes au financement des allocations familiales aux travailleurs agricoles et aux paysans de montagne)
Order of 8 September 1964 on the conditions and rates of subsidies provided for the individual acquisition of agricultural machinery in mountain regions (Arrêté du 8 septembre 1964 concernant les conditions et le taux de subventionnement de l’acquisition individuelle de machines agricoles en région de montagne)
Act of 27 November 1998 applying the Federal Act on Investment Aid to Mountain Regions (Loi du 27 novembre 1998 d’application de la loi fédérale sur l’aide aux investissements dans les régions de montagne).
(Texts available at www.fr.ch/etat)
Neuchâtel
Act of 1 February 1999 introducing the Federal Act on Investment Aid to Mountain Regions (Loi du 1er février 1999 d’introduction de la loi fédérale sur l’aide aux investissements dans les régions de montagne)
Order of 5 July 1999 on authority to provide investment aid to mountain regions (Arrêté du 5 juillet 1999 relatif à la compétence en matière d’octroi des aides aux investissements dans les régions de montagne).
(Texts available at www.ne.ch/neat/site)
Vaud
Order of 17 October 1990 providing incentives for livestock production in mountain regions (Arrêté du 17 octobre 1990 relatif à l’encouragement de la production animale en montagne)
Act of 13 November 1995 on the promotion of the agricultural economy in Vaud (Loi du 13 novembre 1995 relative à la promotion de l’économie agricole vaudoise)
Regulation of 13 January 1998 to encourage ancillary cropping, promoting mountain products and domestic crafts (Règlement du 13 janvier 1998 pour l’encouragement aux cultures accessoires, à la promotion des produits de la montagne et aux métiers domestiques).
(Texts available at www.vd.ch)
Documents
Département fédéral de l’économie. 2000. Rapport agricole 2000: l’agriculture sur la voie de la durabilité, Communiqué de presse, Berne (www.admin.ch/cp/f/[email protected])
Flückiger, A. 2001. “Rapport national suisse”, presented to the Réunion mondiale des juristes et associations de droit de l’environnement, University of Limoges, Centre International de droit comparé de l’environnement
Maissen. T. 1999. Motion (n° 99.3418) déposée au Conseil des Etats visant l’assainissement d’immeubles d’habitation dans les régions de montagne (www.parlament.ch/afs/data/f/gesch/1999/f_gesch_19993418.htm)
Office fédéral de l’agriculture. 2001. Politique agricole 2007 ou comment la politique agricole poursuit son évolution, Berne (www.blw.admin.ch/nuetzlich/publikat/f/bericht.pdf)
Office fédéral du logement. 1999. L’aide fédérale en matière d’amélioration du logement dans les régions de montagne, (ww.bwo.admin.ch/fr/wohnbau/wfr_04.htm)
Statuts de la Fondation pour le développement durable des régions de montagne, adopted on 5 March 1999, www.fondation2006.ch
Statuts de l’Aide suisse aux montagnards, adopted on 11 May 1999 (www.berghilfe.ch)
United Nations Sustainable Development Web site: Profil de la Suisse (1997) (www.un.org/esa/agenda21/natlinfo/countr/swiss/natur.htm).
Web sites
Swiss Federal Statistics Office (Statistiques suisses): www.statistik.admin.ch
Swiss Group for Mountain Regions: www.sab.ch
Swiss Local Agenda 21: www.agenda21local.ch.
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[1] These points are set out in
the reasons given for the draft legislation on the development of mountain
regions. [2] According to a personal communication dated 22 October 2001 from Mr Svetoslav Apostolov (the Bulgarian Focal Point for the International Year of Mountains, National Service for the Protection of Nature, Ministry of Water and the Environment), a few amendments were made to the Bill after 1993, but they are not taken into account in this paper because they were not available at the time of writing. [3] United Nations Sustainable Development Web site: Profil de la Bulgarie (1997), (www.un.org/esa/agenda21/natlinfo/countr/bulgaria/natur.htm). [4] Decree 77-1281 of 22 November 1977: National Development Directive on Mountain Protection and Management (Directive d’aménagement national relative à la protection et à l’aménagement de la montagne). [5] Initially, the chapter dealing with the development of agricultural, pastoral and forestry activities in Act 85-30 had amended several texts, including the Agricultural Orientation Act 60-808, the Rural Code, Act 72-12 on the Pastoral Use of Regions with a Mountain Economy, and the Forest Code. Most of the provisions of this chapter were subsequently incorporated into the latter texts by consolidation. Reference must therefore be made to these texts. [6] According to one influential member of the Union, Mr Gigineishvili, this Convention could play a crucial part in helping to develop the Caucasian mountain chains by encouraging cross-border cooperation between the regions involved in legal, economic and ecological matters. (The Caucasian Convention: Contours and Prospects available at www.itic.org.ge/geomountain/sympos_e.htm). [7] Centre for Sustainable Tourism, Tbilisi (www.mtnforum.org/emaildiscuss/discuss98/mar98/031798b.htm). [8] Ministerial Cabinet Decision of 7 December 1998 (www.mtnforum.org/emaildiscuss/discuss98/mar98/031798b.htm). [9] United Nations Sustainable Development Web site: Natural Resources Aspects of Sustainable Development in Italy (1997) (www.un.org/esa/agenda21/natlinfo/countr/italy/natur.htm#mountains). [10] SAEFL (Swiss Agency for Environment, Forests and Landscape), International Affairs Division, The Alpine Convention and Switzerland (www. buwal.ch/inter/f/fa_alpen.htm). [11] Under the Federal Agriculture Act, the Federal Agriculture Office is responsible for subdividing the area used for agriculture into zones, and introducing a production registry for this purpose, giving the Federal Council jurisdiction for laying down the criteria for the demarcation of such zones (art. 4.3). [12] Article 2 of Ordinance 912.1, complemented by information from the Federal Agriculture Office (personal communication). [13] The cantons bear a 50 percent liability for loan defaults (Act 901.1, art. 12). [14] According to the Swiss Aid to Mountain Peoples Website: www.berghilfe.ch/f/unit_was.html. [15] Regulation of 13 January 1988 to encourage ancillary crops and promote mountain products and domestic trade. [16] Ordinance of 17 October 1990 to encourage livestock production in mountains. [17] Federal family allowances in agriculture Act of 20 June 1952 (art. 1), which is examined below. [18] Berne Canton Act of 6 June 1997 introducing the Federal Act on Aid to Investment in Mountain Regions (art. 1). [19] Fribourg Canton Act of 27 November 1998 introducing the Federal Act on Aid to Investment in Mountain Regions (art. 6). [20] Neuchâtel Canton Act of 1 February 1999 introducing the Federal Act on Aid to Investment in Mountain Regions (art. 6). |
