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“The draft Cabinet of Ministers regulations (Regulations on Nature Reserves) have been prepared to partially address the infringement procedure initiated by the European Commission against Latvia for failure to fulfil its obligations under the Habitats Directive. The draft regulations provide for the establishment of 76 new nature reserves and the expansion of six existing ones.”

Not so long ago – when Saeima deputies were choosing the President of Latvia – the discussion about Latvia as a Nordic country once again became topical. A question naturally arises – if nature conservation is managed in our near neighbours through cooperation between the owner and the state, why can something similar or identical not be introduced here? One explanation could be the sufficiently fair compensation system which, for instance in Finland, does not seem to cause major headaches, but which might seem unacceptable to some here.

What is unacceptable in Latvia? Solving environmental protection issues at the expense of the owner and turning the issue of compensation into a “lifelong learning project”, during which children and grandchildren of the owners are told how compensation is being considered and will continue to be considered for generations to come. It is also unacceptable that someone who once represented the state undertook obligations that must be fulfilled hastily and, once again, unfairly at the state level.

We shall permit ourselves to recall a situation that more than one colleague in the industry witnessed at the Ogre Technical School a few years ago – the Finnish representative did not understand the question... Which one? Is it possible to impose restrictions in Finland without the owner’s knowledge and consent?

Is this hidden nationalisation of property? Or the creation of a new wave of emigrants by increasing poverty in rural areas? Many Latvian forest owners are concerned by what they have heard about the planned creation of new protected areas and micro-reserves in Latvia, as well as new Cabinet of Ministers regulations that would restrict forestry activities in these areas (banning final and reconstructive felling) and prevent private owners from earning income from their forests.

The Forest Certification Council of Latvia (LMSP) continues to collect signatures for the creation of a fair compensation system in such cases and for the halting of the establishment of new protected areas and micro-reserves until such a compensation system is created.

By the beginning of the third decade of June, more than 700 people had supported the petition “No to new protected areas without the provision of fair compensation!” with their signatures.

Owners may be faced with the fact that they are not allowed to fell their own forests

The Forest Certification Council of Latvia (LMSP) is continuing its signature collection, giving people the opportunity to learn about a problem they had not yet thought could affect them too, and is simultaneously preparing a letter to be submitted to both the current and the new President of Latvia, the Prime Minister, the parties elected to the Saeima, the Ministry of Environmental Protection and Regional Development, the Ministry of Agriculture, and the Ministry of Finance, which will be sent to them along with the petition, Arnis Muižnieks, Chairman of the Board of the Forest Certification Council of Latvia, informs “Ziemeļlatvija”.

With the collective submission, the Forest Certification Council of Latvia (LMSP) and the signatories of the petition call on the government to immediately stop the creation of new specially protected areas and micro-reserves until a fair compensation system for the imposed property management restrictions is developed and implemented. This is necessary to avoid destroying the ability of Latvian residents to live and work in the countryside and to avoid lowering the standard of living for families.

The petition emphasises that, given the publicly available information, new protected areas covering huge areas of land are being created in Latvia at a rapid pace.

“Information on the legal acts portal indicates that it is planned to establish new or expand existing protected areas – nature reserves and protected landscape areas, which would cover an area of more than 42 thousand hectares. Alongside this, the creation of new micro-reserves is also continuing. The very procedure for creating protected areas is also unacceptable, as state institutions prepare proposals for the creation of new protected areas without informing the landowner, and thus, unsuspecting, the landowner finds out about the decision only after the Cabinet of Ministers has made it. This denies landowners the opportunity to participate in the public consultation process.

Regulatory acts do not grant the specific landowner the right to dispute either the proposal or the adopted Cabinet of Ministers decision. Information on the socio-economic assessment of the creation of the areas is not published. Landowners are not against the creation of a reasonable nature conservation system, but in the current situation, people are finding themselves in a rightless position because, although not formally, their land is being nationalised in essence. The existing compensation system is blatantly unfair, as instead of the actual value of the property, €50-160 per year is paid, which in some cases is less than one percent of the real value. Such an unfair system must be stopped! In a democratic country, the legal system must be designed so that in all situations, an individual has the right to defend their rights,” the petition states.

The signatories of the petition point out in protest that an imposed ban on the use of private property without compensation at market value leads to a nihilistic attitude of society towards the state. Compensation must be fair, and the protection of natural values must not take place at the expense of those people who have been managing their properties for several generations and, thanks to the forest, hope to ensure a comfortable old age for themselves and to support their children and grandchildren when necessary.

Forest owners are concerned that the new, planned protected areas will contribute to even greater poverty in rural areas and the departure of residents.

Latvia bows to the requirements of the European Green Deal

The draft Cabinet of Ministers regulations “Regulations on nature reserves”, prepared by the Ministry of Environmental Protection and Regional Development (VARAM), will introduce changes to the classification of nature reserves and their territories throughout Latvia. It provides for the designation of 76 new nature reserves in Latvia and the expansion of six existing nature reserves, based on proposals prepared by the Nature Conservation Agency. The 76 new nature reserves will cover an area of 21,000 hectares (96% in state/municipal ownership, 4% in private ownership), VARAM informs “Ziemeļlatvija”.

The draft regulations state that landowners whose properties are included in a nature reserve will have their opportunities to use their property restricted, but overall, the benefit to society will be to live in a favourable environment, ensuring the protection of biologically valuable forests. In summary – these regulations are Latvia’s response to the requirements of the European Commission (EC) in order for the EC to terminate the infringement procedure initiated against Latvia for failing to ensure a sufficient protection status for habitats of European Union importance.

The EC has initiated an infringement procedure against Latvia for failure to fulfil its obligations under the Habitats Directive regarding the provision of protection status for the priority European Union (EU) habitat 'Bog woodland'. In connection with this, Latvia has an obligation to establish additional 'Natura 2000' areas for the protection of the 'Bog woodland 9080' habitat and the 'Fennoscandian herb-rich meadows with abundant Molinia caerulea 6270' habitat, VARAM explains.

In its position (approved by the Cabinet of Ministers on 21 January 2020), Latvia also undertook to designate new specially protected nature areas for the protection of the aforementioned EU habitats.

With the draft regulations, it is planned to grant protection status to 21,871 hectares (ha), partially resolving the infringement procedure. As read in the draft regulations published on the public portal for draft legal acts, it is intended to grant protection status in these areas not only to bog woodlands, but also to lichen-rich pine forests, herb-rich spruce forests, coniferous forests on eskers, and other habitats. In fact, these will be nature reserves; for example, in the Valka municipality, such status will apply to the Purgailes river forests.

At the same time, the Nature Conservation Agency continues its work on preparing proposals for designating new specially protected nature areas to fully resolve the matters pointed out in the infringement procedure regarding the provision of protection status for both bog woodlands and other EU habitats and species whose conservation status is insufficient.

“The task of every EU member state is the protection of natural habitats, wild flora, and fauna to promote biodiversity, which results in improved overall quality of life and the environment for all of society. As a result of this draft regulation, biologically valuable forests will be protected, as the status of a nature reserve sets restrictions on forestry activities – a ban on final and reconstructive felling and restrictions on tending felling – in the specific area. The draft regulations also provide for annual support payments or compensation for the restrictions on forestry activities. The amount of provisional annual compensation to be paid could reach 200 thousand euros,” informs Santa Biseniece, communication specialist at the Nature Conservation Agency.

In the near future, the regulations are planned to be submitted for approval to the Cabinet of Ministers. “Given that these are Cabinet of Ministers regulations, they are approved by the Cabinet of Ministers. The Cabinet of Ministers will be able to approve them after the coordination procedure, provisionally – in the second half of the year,” explains the Public Relations Department of VARAM.

Resentment towards the state is brewing in people

If the government does not listen to the opinion of forest owners, the Forest Certification Council of Latvia (LMSP) will turn to the Constitutional Court, outlines Arnis Muižnieks, Chairman of the Board of the association, as one of the future paths.

“There is also a second path. We already saw the teachers’ protests. If new specially protected nature areas are blatantly created in Latvia without listening to forest owners, I think people in the countryside will realise that they are being robbed in this way, and there will be protests in Riga. There is no other way out,” Arnis Muižnieks points out. He adds that there are plans to create another specially protected nature area in Latvia, 'Koknese – Odziena', which covers 19,610 ha, to protect a bat – the Western barbastelle. Various management conditions will also be set in this area.

Arnis Muižnieks emphasises – perhaps it seems to some that specially protected nature areas will affect relatively small areas of private property, but behind every hectare are real people whose lives can be ruined.

“A lady called me who needs 500 euros a month for medicine, because the state does not compensate her for these medicines. The forest is the lady’s support to live, but based on the information we provided, the woman realised that a specially protected nature area would also be located on her property. “I am not the person who fells everything, I had thought of taking a little at a time, what should I do now?” she asks. Such is the real situation.

We see that it is also planned to include good, quality forest stands in specially protected nature areas, such as pines at felling age. This means that the owner will not be able to regenerate their forest; there will be restrictions there too. Unfortunately, the nature conservation system in Latvia is being built on bans, not allowing for other options. The mood of the people is already not good, seeing what is happening in the country as a whole. Medical care is bad – you either wait half a year in a queue or go to private medicine if you have the money. Teachers’ salaries are also bad. Now this topic too. Land is our main resource. The question is how well and economically we can manage it so that we get a harvest and the state has some money. When you put it all together, people develop resentment towards the state, they even ask, what should I do, should I leave?” says Arnis Muižnieks.

Anyone interested can view the draft “Regulations on nature reserves”: https://www.varam.gov.lv/lv/ministru-kabineta-noteikumu-projekts-noteikumi-par-dabas-liegumiem
or https://tapportals.mk.gov.lv/legal_acts/d0296438-1a87-40fc-9b9c-548fa94cfccf#

The text of the petition can be viewed and signed on the website of the Forest Certification Council of Latvia (LMSP) and https://www.zemeunvalsts.lv/ne-jaunam-aizsargajamam-dabas-teritorijam-bez-taisnigas-kompensacijas-nodrosinasanas-

Opinions

Gatis Ziediņš, forest owner in Cēsis and Valmiera municipalities

I do not agree with the creation of new specially protected areas without the landowner’s consent. This puts landowners in an unequal situation and is unacceptable from the principle of the rule of law, especially when there is no mechanism to ensure adequate compensation for the loss of benefits. It can even be seen as neo-communism – taking and confiscating people’s properties where they have invested their work and, perhaps, saved for their children or grandchildren to help them study.

The planned new protected areas do not affect my properties, but I signed the petition out of solidarity, as I have faced a similar situation in my own forest properties located in the Gauja National Park, where I have already had fairly large forest areas taken from me in which I am not allowed to do anything. Forestry activity there is forbidden, fallen trees lie on the ground, but the owner is not allowed to collect them. Children are already taught in school that the forced excessive preservation of forests is something good, and many think so, but a tree, just like a person, has a life cycle. The “ceiling” age of a spruce is up to 140 years, after which the wind will blow it down or a pest will “eat” it first. That is why there is already an infestation of bark beetles, because the forests are full of old trees. This is clearly visible, for example, in orienteering competitions, when you have to run through an extremely cluttered forest that you cannot get through, even an animal does not crawl in there, except for a lynx.

However, the zoning of the Gauja National Park is being changed again, and there will be other regulations in the nature reserve zone that will affect a third of the forests in my property. The pain would not be so great if forestry activity were banned in a swampy area or on a gully slope. Perhaps there really is a unique habitat there that needs to be protected. But if a forest owner is told that they will not be able to fell a 130-year-old pine that grows on flat land, that is something completely different. If, for example, 400-500 cubic metres of timber grow on one hectare in such a forest stand and one cubic metre cost about 100 euros last autumn, but this forest stand cannot be felled, the owner loses approximately 40,000 euros but receives 160 euros per year in compensation from the state. I am also a forest inventory specialist; I appraise forests for an elderly lady. Out of 4.35 hectares of forest that is her property, 4.2 ha is a habitat and a nature reserve zone. “That’s it, ma'am, you have property, but you can’t get to it; go spend your retirement in a care home, you have no options!”

In the European Union, one of the so-called Green Deal initiatives is the biodiversity strategy, which provides for 30% of the country's territory to be designated as protected, and 10% of that – as specially protected nature areas, where absolutely any forestry activity is prohibited. In my view, this is the destruction of the country’s economy. Yes, in the European Union there are also Denmark and Holland, where so few forests remain that perhaps they should actually be protected there, but the requirements of the regulation also apply to Finland and Latvia, where forests exist. Now even the Finns are tearing their hair out over this same problem, because they are in the exact same madness.

Aigars Dudelis, forest owner in Smiltene municipality

I signed the petition because I believe it is worthy of support. Forest owners are not against nature conservation. The problem lies elsewhere. If new protected areas are being created in Latvia, in this case, nature reserves in which there is a ban on forestry activity, then the owner does not earn the planned income from their property. Since nature conservation is for the benefit of all of society, there must be a mechanism to compensate the owner for these losses. At this moment, there is compensation, but it is incomplete and only partial, far from the full amount.

We have habitats all around us; they could be preserved without creating new protected areas or completely stopping forestry activity. In each specific case, one must act according to the type of natural value.

Jānis Vāvere, forest owner in Valka and Valmiera municipalities

I signed the petition because, in my opinion, there are already enough protected areas. If you have been in the forest, you have seen fallen trees, but you are not allowed to touch them. If a fire breaks out in the forest in the Gauja National Park, you cannot get there with a car to put it out, because there are jungles in places where nothing can be touched. I think that is absolutely not right. Green thinking is exaggerated. There are buffer zones along rivers, trees fall into the rivers, and there are smart alecks who clean the rivers so that salmon can come in. They are fighting from one gate to the other.

Article first published on 16 June 2023 in the newspaper “Ziemeļlatvija”.
Republished on zemeunvalsts.lv with the kind permission of editor-in-chief Ingūna Johansone. Photographs from zemeunvalsts.lv used.