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Opinion 220 (2000)
Draft European landscape convention
1. European landscapes form the basis of our
living environment, an indispensable element in every person’s quality of life.
They represent our common European heritage and are a vital but fragile asset
that we must pass on to future generations.
2. In an evolving society
where the development of natural resources and the cultural heritage, both
being integral parts of European landscapes, are subject to constant pressure,
there is a growing need to apply innovative methods so as to reconcile the
often conflicting needs of our societies and to sustain landscape as an
important resource.
3. As previously stated in Resolution 1150 (1998) and Recommendation 1393 (1998), the Assembly welcomes the draft European landscape convention, which aims to meet this challenge and congratulates the Congress of Local and Regional Authorities of Europe (CLRAE) for taking the initiative.
4. This proposal provides a coherent, dynamic and flexible
framework for co-operation at European level. It takes into account the
diversity of European landscapes, the varied nature of values attached to the
concept of landscape, as well as numerous traditions of management and use of
land throughout Europe.
5. Today, the process of drafting the
convention is in its final stages following the work by the select committee of
experts, established by the Committee of Ministers for this purpose.
6. The Assembly welcomes the fact that the final proposal put forward by the
expert group was subject to a general consensus.
7. Furthermore, it
welcomes the strong support for the draft European landscape convention given
by a number of delegations, such as the proposal by the Italian authorities to
host a conference devoted to the opening for signature of the convention during
the Italian presidency in autumn 2000.
8. However, it takes note of
the concern voiced by some of the government delegations involved in the
debate, and agrees with their proposal and the initial position of the
Committee of Ministers, that the follow-up to the convention be entrusted to
existing intergovernmental committees of the Council of Europe.
9. The
Assembly agrees with the proposal of the German delegation to amend Article
14.2 and to increase to ten the minimum number of signatory parties necessary
for the convention to enter into force.
10. In view of the
aforementioned, the Assembly recommends that the Committee of Ministers:
10.1. adopt the draft European landscape
convention as proposed by the select committee of experts with the exception of
provisions regarding the European Landscape Committee, and thus replacing
Articles 10, 11 and 12 with alternative Articles 10 and 11, as defined in the
appendix, and amending Article 14.2 so as to increase to ten the minimum number
of parties necessary for the convention to enter into force;
10.2. invite member states to sign and ratify the convention after its
adoption by the Committee of Ministers;
10.3. invite the European
Union to adhere to the European landscape
convention.
Appendix
(open)Appendix
Taking into account the opinion expressed by a number of delegations of the above-mentioned committees – the Committee for the Activities of the Council of Europe in the field of Biological and Landscape Diversity (CO-DBP) and the Cultural Heritage Committee (CC-PAT) – and as a result of the consultation with the Congress of Local and Regional Authorities of Europe (CLRAE), your rapporteur proposes to replace Articles 10, 11 and 12 of the draft convention by the following new paragraphs:
Article 10 - Monitoring of the application of the convention
1. The
competent committee of experts, set up by the Committee of Ministers of the
Council of Europe in pursuance of Article 17 of the Statute of the Council of
Europe, shall be responsible for monitoring the application of the
convention.
2. Following each of the committee of experts’ meetings,
the Secretary General of the Council of Europe shall transmit a report on the
work carried out and on the operation of the convention to the Committee of
Ministers of the Council of Europe and to the Congress of Local and Regional
Authorities of Europe.
3. Under its statutory powers, the Congress of
Local and Regional Authorities of Europe may forward an opinion to the
Committee of Ministers on the aforementioned report.
4. The committee
of experts shall propose to the Committee of Ministers, in consultation with
the Congress of Local and Regional Authorities of Europe, the criteria for
conferring and rules governing the European Landscape
Award.
Article 11- European Landscape Award
1. The European Landscape Award
is a distinction which may be conferred by the Council of Europe on local and
regional authorities that have instituted, as part of the landscape policy of a
party to this convention, a policy or measures to protect, manage and/or plan
their landscape, which have proved lastingly effective and can thus serve as an
example to other territorial authorities in Europe.
2. Applications
for the European Landscape Award shall be submitted to the committee of experts
by states. Transfrontier local and regional authorities and groupings of local
and regional authorities may apply provided that they jointly manage the
landscape in question.
3. On proposals from the committee of experts
and bearing in mind the opinion of the Congress of Local and Regional
Authorities of Europe, the Committee of Ministers shall define and publicise
the criteria for conferring the European Landscape Award, adopt the relevant
rules and confer the award.
4. The conferral of the European Landscape
Award to local and regional authorities shall place them under an obligation to
ensure the lasting protection, management and/or planning of the landscape
areas
concerned.