EUROPEAN LEGISLATION AND STANDARDS. T. Nypan (Dr.).

Transcription

1 EUROPEAN LEGISLATION AND STANDARDS. T. Nypan (Dr.).

2 NATURE ENVIRONMENT SOCIAL MAN-MADE. THE INTRODUCTION A: Nature; Environment - Things happen naturally. B: Man Environment. Consequences of a rapid man- made changes in environment affecting a. Environment - C: Social; Man-made. Regulatory man made impediments. Man made other threats to historic environments. Development, urbanisations, real estate speculations and other social structures that incite to non conservation, non re-use, etc.

3 I Legislation The What? The Why? The EHLF Mandate and measures. II Standards. TC 346 Standardisation on Cultural Heritage On the work and mandate. Examples of standards. Maintenance Condition, et al.

4 Part I. The legislation Some good examples Some problematic examples

5 1. Directive of the European Parliament and of the Council on the assessment and management of flood risks, Common Position (EC) No 33/2006 of 23 November 2006 EURO-Lex reference 52006AG0033 Official Journal C 311 E, 19/12/2006 P Directive of the European Parliament and of the Council on the assessment and management of flood risks. Common Position (EC) No 33/2006 of 23 November EURO-Lex reference 52006AG0033. Official Journal C 311 E, 19/12/2006 P Status: Explicitly mentions cultural heritage as a beneficiary of this legislation. Article 1 states: The purpose of this Directive is to establish a framework for the assessment and management of flood risks, aiming at the reduction of the adverse consequences for human health, the environment, cultural heritage and economic activity associated with floods in the Community. Conclusion: Poses no major challenges for Cultural Heritage management but. Lacks a clear position on cultural heritage if a conflict between flood management and heritage buildings / installations should manifest.

6 2004/35/EC. 1. EU Directive 2004/35/EC. COM(2006) 232 final, Framework for the protection of soil COM(2006) 232 final Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework for the protection of soil and amending Directive 2004/35/EC. COM(2006) 232 final Status: In general the directive strengthens the position of cultural heritage. CH is included in the protection measures of the directive. Position: Preamble makes it clear that the intention of the directive is to protect also the geological and archaeological heritage. Directive has art. 175(1) of the EC Treaty as legal basis. Member states may have stricter rules that those set down in the Directive.

7 Biocidal Products 98/8/EC Left: Heddal stave church, Norway. Right: Weisskirch, Saxon fortified church 1290, Romania. Riksantikvaren, T. Nypan Aiming to assess all biocidal products on the European market. Producers of wood tar are not able to produce product information required, leading to a prohibition on the market of this tar. Wood tar is used for preserving old boats, wooden buildings and staves churches in Norway, Sweden, Finland and Denmark.

8 Purchasing Directive (COM (2003)503) & Purchasing Directive Ill.: Vyshegrad palace. Left: , poster at the site. Right: T. Nypan / Riksantikvaren. Construction Products 89/106/EEC. + HARMONISED CONDITIONS FOR THE MARKETING OF THE CONSTRUCTION PRODUCTS, COM(2008) 311 final, 2008/0098 Purchasing Directive (Directive COM (2003) 503)

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10 Construction Products Construction Products 89/106/EEC Requires standardisation of construction products. This is a threat to some traditional building materials and traditional conservation methods. See also: Nr. 29. HARMONISED CONDITIONS FOR THE MARKETING OF THE CONSTRUCTION PRODUCTS, COM(2008) 311 final, 2008/0098 (COD)

11 Legislation - effects of modern legislation Becoming more and more detailed and complicated. Covering increasing number of social areas Prescriptive nature of legislation. Prescriptive instead of objective (result) oriented. Can create a number of serious problems for the principles of heritage conservation. The development of EU based legislation threatens the authenticity of the cultural heritage by legislation that inadvertently make heritage management more complicated and costly, sometimes impossible.

12 Saxon house in conservation area, with meter on the street façade and (inserted) with the final solution of the meter in the courtyard façade. MET, Transylvania.

13 St Chapelle, Paris. Use of lead in the glass windows a prohibited substance. St Chapelle, Paris. Use of lead in the glass windows - a prohibited substance.

14 Example of Directives Lead based paints (white). Passenger Ship Safety 98/18/EC. Protected passenger vessels in service must apply to strict safety requirements that are nonadjustable. Application to certain passenger vessels also removes the cultural value of the ship. Reconstructed historic vessel SS Göteborg, exemption in directive on safety in passenger ships.

15 Legislation - Complications. exclude or complicates the restoration of historic paintings, the replacing of original building stones with stones from the original location, by making certain maintenance works using traditional techniques impossible to practice, by prescribing measures that require removal of original building components or by demanding industrial certification procedures for traditional building materials, crafts and components that have been in use for centuries.

16 Why? At EU Level Publication year: ISSN: Official Journal C 83, The EU Treaty. Subsidiarity. In accordance with Article 3b, competences not conferred upon the Union in the Treaties remain with the Member States. Article 2 E. The Union shall have competence to carry out actions to support, coordinate or supplement the actions of the Member States. The areas of such action shall, at European level, be: culture et al. Article 167 (ex Article 151 TEC). The Union shall take cultural aspects into account in its action under other provisions of the Treaties, in particular in order to respect and to promote the diversity of its cultures. Art 3 3 para. It [the EU] shall respect its rich cultural and linguistic diversity, and shall ensure that Europe's cultural heritage is safeguarded and enhanced.

17 Why at national level? Sectorialisation and cultural aspect of CH at national level. Culture weak sector. Not implicated in legal processes. not mainstreamed, not cross sector (explain) Heritage agencies and Ministries not organised or focused on such issues.

18 To try to come to grips with the number of EU legislative acts those unintentionally create problems for the BCH the EHLF (European Heritage Legal Forum) was created in The task of the EHLF is: To ensure that improved and timely information on the development and consequences of legal acts developed by the European Union which may pose a potential threat to cultural heritage are conveyed to the national competent authorities.

19 The legislation comes from other policy sectors. Must monitor and act on behalf of the heritage interests. Nobody else does!! Legislation is aimed at handling modern buildings and building techniques. No room for traditional techniques and traditional knowledge. The Treaty is a basis for special considerations for cultural heritage.

20 Other reasons. Changes in heritage management. Growth in the number of protected or historically interesting built heritage objects contribute to creating areas of legal unpredictability. Different legislation (PLB, Zoning regulations, and other) creates a legislative grey zone. Are they monuments or..? Leads to problems with exemptions; i.e. the legal status. Also the sheer mass of objects need a less traditional management (not elite buildings, must be used!) Changes in use and demographics (tows vs rural).

21 Part II Standards TC 346 Standardisation on Cultural Heritage EN 16141:2012 (WI= ) Conservation of cultural heritage - Guidelines for management of environmental conditions - Open storage facilities: definitions and characteristics of collection centres dedicated to the preservation and management of cultural heritage

22 Standards. Soft legislation EUROPEAN COMMITTEE FOR STANDARDIZATION COMITÉ EUROPÉEN DE NORMALISATION EUROPÄISCHES KOMITEE FÜR NORMUNG What is CEN? CEN is The European Committee for Standardisation and is the European Standardisation Body for the development of standards (excepting telecommunications and the electro-technical fields). The CEN Members are the National Standardization Bodies of 27 European Union countries (incl. EEA).

23 Standards. Soft legislation The regulatory process is increasingly making use of or referencing CEN standards. One example is the energy efficiency regulations. Since 2008 the CEN TC 346 CEN/TC 346 Conservation of Cultural Property has been active in this field, allowing heritage interests to develop appropriate standards. 2 types a. management related. b: technical

24 Standards. Soft legislation Standards, unlike legislation, are voluntary in application unless called up in legislation or cited as part of a contract. Legislation can refer to a standard as means of compliance with regulatory requirements. This means that compliance with the standard is recognised as a possible way of fulfilling regulatory obligations. Using the standard has the presumption of being in conformity with legal requirements (presumption of conformity).

25 Standards. Soft legislation What are the benefits of specific standards for the cultural heritage sector? If no specific CH standards the other relevant standards will come into play. Such standards allow for special considerations. How can these be used and developed as tools to secure a sustainable management of the heritage?

26 European European Standard EN 16096:2012 Conservation of cultural property - Condition survey and report of built cultural heritage

27 Table 1 Condition classification of components Condition class (CC) CC 0 CC 1 CC 2 CC 3 Symptoms No symptoms Minor symptoms Moderately strong symptoms Major symptoms

28 4.5.1 Risk assessment 4.5 Risk assessment and recommendations. Table 2 Urgency risk classification Urgency class (UC) Urgency UC 0 UC 1 UC 2 UC 3 Long term Intermediate term Short term Urgent and immediate

29 Table 3 Overall classification Recommendation class (RC) RC 0 RC 1 RC 2 RC 3 Possible measures No measures Maintenance/Preventive conservation Moderate repair and/or further investigation Major intervention based on diagnosis

30 Examples CEN TC 346 Standards EN 16096:2012 (WI= ) Conservation of cultural property - Condition survey and report of built cultural heritage EN 16095:2012 (WI= ) Conservation of cultural property - Condition recording for movable cultural heritage

31 Administrative standards EN 15898:2011 (WI= ) Conservation of cultural property - Main general terms and definitions pren Conservation of Cultural Property- Packing principles for transport (WI= ) Conservation of Cultural Heritage - Guidelines for improving energy performance of historically, architecturally or culturally valuable buildings. Drafting.

32 Administrative standards EN 16141:2012 (WI= ) Conservation of cultural heritage - Guidelines for management of environmental conditions - Open storage facilities: definitions and characteristics of collection centres dedicated to the preservation and management of cultural heritage :105:0:::::

33 Risk of inadvertant regulations / legislation. Political issue But needs professional and research based knowledge (verity based policy). Standards Utility (and regulatory relevance) Defense for heritage Conclusions Reducing risks in documentation & contractual obligations.

34 E N D

35 We shall look into some potential man-made disasters for the (built) cultural heritage (BCH). The development of EU based legislation threatens the authenticity of the cultural heritage by legislation that exclude or complicates the restoration of historic paintings, the replacing of original building stones with stones from the original location, by making certain maintenance works using traditional techniques impossible to practice, by prescribing measures that require removal of original building components or by demanding industrial certification procedures for traditional building materials, crafts and components that have been in use for centuries. How and why is this happening? Why does the new European cooperation and legislation alter the activity field of national cultural heritage administrations? What is the legal basis? How and by what means, may such legislation be avoided in the future?

36 The effect of modern legislation, becoming more and more detailed, can create a number of serious problems for the principles of heritage conservation. But also the growth in the number of protected or historically interesting built heritage objects contribute to creating areas of legal unpredictability. To try to come to grips with the number of EU legislative acts those unintentionally create problems for the BCH the EHLF (European Heritage Legal Forum) was created in The presentation will explain how the EHLF works and what mandate it has. The presentation will illustrate some of the EU Directives that have been reviewed and what the challenges are.

37 Since 2008 the CEN TC 346 CEN/TC 346 Conservation of Cultural Property has been active in this field, allowing heritage interests to develop appropriate standards. The regulatory process is increasingly making use of or referencing CEN standards. One example is the energy efficiency regulations. CEN is The European Committee for Standardisation and is the European Standardisation Body for the development of standards in most areas (excepting telecommunications and the electro-technical fields). The CEN Members are the National Standardization Bodies of 27 European Union countries. Standards, unlike legislation, are voluntary in application unless called up in legislation or cited as part of a contract. Legislation can refer to a standard as means of compliance with regulatory requirements. This means that compliance with the standard is recognised as a possible way of fulfilling regulatory obligations. Using the standard has the presumption of being in conformity with legal requirements (presumption of conformity). What are the benefits of specific standards for the cultural heritage sector? How can these be used and developed as tools to secure a sustainable management of the heritage?