Draft European charter of mountain regions

9 June 1995

Doc. 7319

1403-6/6/95-3-E

REPORT

on the draft European charter of mountain regions

(Rapporteur: Mr BRIANE,

France, Group of the European People's Party)

Summary

The Congress of Local and Regional Authorities of Europe (CLRAE) of the Council of Europe adopted during its 2nd session (30 May-1 June 1995) a draft European charter of mountain regions.

The aim of this charter is to set up guidelines for the economic, social and cultural development of Europe's mountain regions that are appropriate and compatible with careful management of the environment which, in these regions and for various reasons, is often particularly fragile.

The report shares the concerns of the CLRAE, supports its initiative and recommends that the Committee of Ministers examine the charter so that it can be adopted in the near future.

I. Draft recommendation

1. All the mountain regions in Europe share a number of problems arising out of their difficult geo-climatic conditions: thin soils, difficult access, tough climatic conditions, low density of population and fragile ecologies.

2. The fact that such regions are much less developed than lowland areas is largely due to these disadvantages, though it is also exacerbated by the inadequate coverage of the peculiarities of mountain regions in the sectoral policies implemented at the various levels.

3. The Assembly has been concerned about these problems for over twenty years, and has consistently advocated the implementation of a specific policy for mountain regions facilitating sustainable and satisfactory development, whether within a specific approach such as that adopted in the Alpine range or within an overall approach to all mountain regions.

4. The Assembly notes that the increased awareness of environmental issues over the last few years has led the public authorities to concentrate more on mountain regions, rich as they are in natural resources requiring protection.

5. However, it is convinced that we must not confine ourselves to a policy concentrating exclusively on conservation, but rather ensure that we take account of existing socio-economic situations which clearly illustrate the slow development in many mountain regions for which solutions must be devised.

6. In this connection, it points out that the Social Development Fund of the Council of Europe can constitute a useful financial instrument for mountain regions.

7. Moreover, it notes that, apart from the fact that they understandably only take account of specific situations, the national policies implemented hitherto often have the major drawback of exclusively tackling isolated aspects of mountain economies.

8. But the fact is that in the development of European mountain regions the stress must be laid on a regional readjustment strategy as part of an overall regional development policy taking account of the various specific policies.

9. The Assembly is convinced that binding legal instruments can help implement a European mountain region policy as one aspect of the overall development of the whole continent, while at the same time meeting the specific needs of such regions.

10. Consequently, it welcomes the recent coming into force of the Alpine Convention, ensuring the protection of the Alpine environment, which is an irreplaceable natural heritage site, and also the emergence of the European charter of mountain regions, which, in the case of the Alpine countries, appropriately complements the Alpine Convention and, for the other mountain regions, provides a valuable means of introducing a European mountain region policy.

11. The Assembly notes with satisfaction that the European charter of mountain regions, which owes its existence primarily to the commitment of the Congress of Local and Regional Authorities of Europe, was also the result of broad consultation with the regional bodies concerned.

12. It also stresses the need to fully involve the local and regional authorities concerned in defining and implementing the means of action provided for in the charter and to apply the subsidiarity principle wherever possible.

13. Furthermore, in view of the positive experiments conducted hitherto, the Assembly fully shares the concern of the authors of the charter to give pride of place to transfrontier and interregional co-operation, implementing and improving the relevant existing legal instruments.

14. In this connection the Assembly recalls Recommendation 1268 (1995), which it has forwarded to the Committee of Ministers, on the 6th European Conference of Border Regions (Ljubljana, 13-15 October 1994) and the suggestions it makes to develop and improve transfrontier co-operation.

15. In the same spirit the Assembly also recalls the importance attached by the heads of state and government at the Vienna Summit to transfrontier co-operation between non-adjacent regions and the need to adopt the draft convention on inter-territorial co-operation.

16. Having regard to the importance of the European charter of mountain regions as an instrument of overall development and of European cohesion, the Assembly is convinced of the need to give priority to the adoption of this instrument.

17. The Assembly therefore recommends that the Committee of Ministers:

i. examine the draft charter so that it can be adopted in the near future;

ii. if it sees fit, entrust the finalisation of this instrument to a committee of experts, involving the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and the European Union in its work;

iii. invite the member states:

a. to sign and ratify the European charter of mountain regions once it is adopted by the Committee of Ministers;

b. in this perspective, to apply its principles in any decision concerning mountain regions;

c. to submit concrete projects which come within the general framework of the charter to the Social Development Fund of the Council of Europe;

iv. invite the European Union to become a party to the European charter of mountain regions.

II. Explanatory memorandum

by Mr BRIANE

Contents

Page

1. The Parliamentary Assembly's work on behalf

of mountain regions 5

2. The need for a charter 6

3. The preparation of the draft Charter and the

Parliamentary Assembly's contribution to this work 7

4. The presentation of the draft charter to the Congress of Local

and Regional Authorities of Europe (CLRAE) at its 2nd session

(30 May-1 June 1995) 8

5. Conclusion 8

Appendices

I. The Chamonix Declaration (3rd Conference of Mountain Regions,

Chamonix, 15-17 September 1994) 10

II. List of addressees of the first draft charter submitted for opinion

before the 3rd Conference of Mountain Regions

(Chamonix, 15-17 September 1994) 15

III. Recommendation on the European charter of mountain regions

adopted by the Congress of Local and Regional Authorities of Europe

at its second session (30 May-1 June 1995) 17

IV. The European charter of mountain regions 21

1. The Parliamentary Assembly's work on behalf of mountain regions

In 1968 the Parliamentary Assembly's Committee on Agriculture first drew European parliamentarians' attention to the problems of mountain regions by informing them of the specific problems of agriculture in mountain areas and explaining the measures that were needed if it was to survive at all, never mind develop.

Submitted to the Assembly by an Austrian parliamentarian (Mr Leitner), the report led to a recommendation in which the Assembly called upon the governments of the member countries of the Council of Europe to define the criteria for delimiting the European mountain regions and introducing into regional policy such international co-operation as to ensure the preservation and development of the economic and social potential of mountain regions. The aim, obviously, was to ensure that they could develop satisfactorily in economic and social terms by adapting structures and reviewing legislative and economic measures relating to forests and pasture land, etc.

In 1974 the concept of environmental conservation entered the mountain region context in a report submitted to the Assembly on living conditions and environmental protection in mountain regions. In this document the Assembly highlighted two major dangers facing such regions: the gradual abandonment of rural activities, which was having extremely serious social, economic and environmental consequences, and the irrational, uncontrolled and anarchic "urbanisation" of some mountain regions.

In this report, the rapporteurs, Mr Ahrens and Mr Weber, had chosen to concentrate on the problems of the Alpine regions, highlighting the need for a balanced approach to all their specific problems. Without listing all the recommendations put forward, it is nonetheless useful to remember that over twenty years ago the Assembly was drawing attention to what are still topical issues:

—th e legitimate priority interests of the inhabitants of mountain regions and their economic and social advancement;—

—th e role of the tourist industry in the economic and social development of mountain regions;—

—th e increasing need of town-dwellers for relaxation and unspoilt nature, which entails the risk that once this need is met on a large scale it might harm the natural environment and the lifestyle of mountain regions, etc.In

In this report the Assembly recommended that in order to solve the problems common to such countries, the Alpine region should become a pilot area for transfrontier co-operation, on the understanding that this included formulating binding legal instruments to facilitate and co-ordinate such co-operation.

It was under the impetus imparted by this work that the Parliamentary Assembly decided to co-operate with the Standing Conference of Local and Regional Authorities of Europe in organising a Conference of Alpine Regions, which was held in Lugano in September 1978. Again, it is important to note that at that time the Assembly was already stressing the need to include the specific problems of the Alpine regions within an overall European regional planning project.

While the Lugano Final Declaration called for the introduction of specific Alpine co-operation between the governments of the countries concerned, it also stressed that the experiments conducted in the Alpine range should be used as a model for other mountain regions. In 1982 the Parliamentary Assembly accordingly joined with the Standing Conference of Local and Regional Authorities of Europe in organising a Conference of Pyrenean Regions, held in Jaca in June that year.

2. The need for a charter

However, at the 2nd Conference of Mountain Regions organised by the Standing Conference of Local and Regional Authorities of Europe in Trento (Italy) in May 1988, the wish was expressed for discussions on a fully-fledged policy for European mountain regions. The mountain regions represented at the conference invited the Council of Europe "... to devise the broad orientations of a European mountain policy, in terms of a European charter of mountain regions, having the status of a convention ...".

It should be noted that the request formulated by the regions in Trento and the decision to accede thereto felicitously coincided with the geo-political upheavals in Europe, which were making the need for such an instrument even more obvious.

The problems of mountain regions are different, though even more acute, in the countries of central and eastern Europe. Becoming aware of this new aspect of the question, the Parliamentary Assembly in 1993 organised a colloquy on this specific theme in Slovakia. This meeting, which concentrated on the problems facing the countries of central and eastern Europe, clearly showed the need to design and implement a common policy for mountain regions.

In view of the problems encountered by all European mountain regions, including the intensification of tourism, the decline in agriculture, the difficulties of certain rural areas, and economic, cultural and social underdevelopment, it was becoming vital to design an instrument providing the framework and machinery for a policy of sustainable and balanced development of mountain regions, breaking away from the traditional dichotomy between economic development and environmental protection.

A first draft charter was submitted to the 3rd Conference of Mountain Regions in Chamonix from 15 to 17 September 1994, which gave its full backing to the finalisation of the document in its unanimously adopted final declaration (see Appendix I).

This text, which was drawn up by a working party in which I had the honour of representing the Parliamentary Assembly and the French Association nationale des élus de la montagne (ANEM — National Association of Elected Representatives of Mountain Regions), sets out the principles, joint objectives and actions dealing with all aspects of life in mountain regions and provides a framework for an overall development policy applicable equally to the Carpathians, the Apennines, the Massif Central and the Pyrenees. This policy has obviously been designed within a framework fully complying with the principles of local and regional self-government and transfrontier and interregional co-operation.

At this stage I would like to clarify a number of points regarding the doubts which arose when work began on drafting the European charter of mountain regions. The uncertainty concerned the charter's relations with the Alpine Convention.

The Alpine Convention was opened for signature in Salzburg in 1991 and was immediately signed by the seven countries of the Alpine range (Germany, Austria, France, Italy, Liechtenstein, Slovenia and Switzerland), the European Union and the Principality of Monaco. After being ratified by Austria, Germany, Liechtenstein and Slovenia, this instrument came into force in March 1995.

As soon as drafting was commenced, reservations were expressed on this new instrument, which some considered would invalidate the Alpine Convention.

But the fact is that the two texts in no way compete. The two main differences between them immediately remove any misunderstanding:

—Th e scope: the Alpine Convention deals exclusively with protecting nature and the environment in the Alpine area (a matter of dissatisfaction to some of the signatory countries), and takes little or no account of economic development problems. On the other hand, the European charter of mountain regions, as stated above, strives to embrace all the problems of mountain areas in order to equip them for sustainable and balanced development.Ma

Many reservations have been expressed on the Alpine Convention, but there are also many arguments in its favour. I do not intend to go into these as I consider that the aim of this report is to present the charter, not to launch a debate on the Alpine Convention.

—Th e geographical scope: the Alpine Convention exclusively covers the countries of the Alpine range, whereas the charter is to apply to all European mountain regions.Fu

Furthermore, where the countries of the Alpine range are concerned, the implementation of the charter is fully compatible with the implementation of the convention.

These two arguments are sufficient to clearly demonstrate that a European charter of mountain regions will provide a complementary, non-competitive instrument for the regions of the Alpine range and a valuable tool for the other European mountain regions.

3. The preparation of the draft charter and the Parliamentary Assembly's contribution to this work

The philosophy of the European charter of mountain regions is expounded in Article 1: "The object of this Charter is to define the general principles, common to the member states of the Council of Europe, of a policy on the management, development and protection of mountain regions".

In order to attain this overall objective, the charter is supposed to provide the framework for a regional planning policy promoting intermunicipal, interregional, transfrontier and inter-territorial co-ordination, with a view to catering for the peculiarities of the different regions and readapting resources.

To that end the charter sets out specific objectives in the different sectoral policies relevant to mountain areas, including agriculture, forestry, transport and infrastructure, industry and crafts, education and research, and, obviously, the environment.

In connection with the means of action to implement the charter, the emphasis is placed on the predominant role to be played wherever possible by the local and regional authorities. In the same spirit, the subsidiarity principle is also stressed, since it can, where applicable, help secure an efficient, genuine mountain region policy, with firm backing from the inhabitants and their representatives.

Transfrontier and inter-territorial co-operation are also mention, above and beyond the application of existing conventions in these fields.

The draft European charter of mountain regions was prepared, with the help of the Secretariat of the Council of Europe, by a working party made up of elected members of the Congress of Local and Regional Authorities of Europe and various representatives of non-governmental organisations. I had the honour of representing the Parliamentary Assembly of the Council of Europe in this working party.

The party, chaired by Mr Moliner, member of the Parliament of Catalonia and member of the CLRAE, held several meetings before organising broad consultation by sending the text to European regional authorities, the bodies, institutions and authorities representing the territorial communities with mountain regions, and the interregional and intermunicipal organisations with interests or specific activities in this field (see Appendix II). The text which emerged from this consultation was submitted to the Chamonix conference, after which the working party began the final drafting phase.

4. The presentation of the draft charter to the Congress of Local and Regional Authorities of Europe (CLRAE) at its 2nd session (30 May-1 June 1995)

At its 2nd session in Strasbourg from 30 May to 1 June 1995, the Congress of Local and Regional Authorities of Europe adopted the draft charter as set out in this report (see Appendix III) and a draft recommendation (see Appendix IV).

5. Conclusion

As representative of the Assembly and the committee, I very closely followed the preparation of this text and also helped draft it. Furthermore, I submitted a written opinion to the committee on progress in the preparation of the instrument (AS/Loc (1994) 23), and regularly reported on the work of the working party.

At the Chamonix conference the committee's Vice-Chair, Mr Ruffy, presented a contribution on "Mountain regions in European regional planning policy" (AS/Loc (1994) 33), which clearly shows that the draft charter which our committee is intending to submit to the Assembly for approval fits in perfectly with the thinking which has long been developed, and indeed often initiated, by the Assembly in the field of interregional, transfrontier and spatial planning co-operation.

In view of these facts, and given the quality of the text of the European charter of mountain regions, I consider that the Assembly can give its full backing to this text and invite the Committee of Ministers to examine and adopt it as soon as possible so that it can be opened for signature and ratification by the governments, thus providing European mountain regions with an instrument enabling them to secure sustainable and balanced development.

However, while I share the hope expressed by the CLRAE that the European charter of mountain regions will come into force as soon as possible, I would find it understandable if the Committee of Ministers wished to entrust the examination of the draft to a committee of experts responsible for finalising it. Although such a procedure would further delay the coming into force of the text, it would guarantee that the governments would be receiving a fully effective legal instrument. Therefore, I would propose that the Assembly submit a request along these lines to the Committee of Ministers.

APPENDIX I

3rd European Conference of Mountain Regions

(Chamonix, France, 15-17 September 1994)

Declaration

of Chamonix Mont-Blanc

(unanimously adopted by the participants)

The participants at the third European Conference of Mountain Regions, meeting in Chamonix (France) from 15 to 17 September 1994:

1. Thanking:

1.1. the Congress of Local and Regional Authorities of Europe (CLRAE) — which represents the local and regional authorities of the 32 Council of Europe member states — and in particular the Chamber of Regions — which represents the regions in the institutional framework of the aforementioned Congress — for taking the initiative of holding the conference;

1.2. the municipality of Chamonix for its invitation, its effective collaboration and its generous display of hospitality.

2. Welcoming:

2.1. the opportunity afforded by the conference to assess the progress made in the work undertaken by the Council of Europe, by other European institutions, and by associations of local and regional authorities of mountain regions, to set up guidelines for a European policy for mountain areas which, through appropriate legal instruments, will be capable of transcending the traditional dichotomy of economic development and environmental protection;

2.2. the fulfilment, in the context of this conference, of the wish expressed at the European Conference of Mountain Regions held in Trento (Italy) from 9 to 11 May 1988 to draw up the European charter of mountain regions, following a wide-ranging process of consultation with local and regional bodies, both public and private, with the Parliamentary Assembly and with other organisations concerned;

2.3. the opportunity, within the framework of the conference, to promulgate their observations on the draft European charter of mountain regions, with a view to transmitting these observations to the Congress of Local and Regional Authorities of Europe.

3. Considering:

3.1. the extent of European mountain regions and the functions of general interest which they perform in the environmental, economic, social, political and cultural fields throughout the continent of Europe;

3.2. the specific nature of the problems of mountain regions which make it all the more difficult to satisfy the essential needs of their inhabitants and which necessitate specific manifestations of solidarity from other regions;

3.3. the disparity in the current environmental and socio-economic situations in European mountain regions, which calls for the introduction of different policies according to regional requirements, within the framework of a common European perspective;

3.4. the transfrontier nature of many mountain regions within Europe and the need for transfrontier and interregional co-operation between the local and regional authorities concerned.

4. Noting that mountain regions have often been regarded as areas of service to the large urban centres and the communication and transit requirements of such centres, or as areas of expansion for the markets of other regions which utilise the water and energy resources and climatic and landscape features of mountain regions.

5. Considering, nonetheless, that:

5.1. mountain regions must as a matter of priority provide, in the framework of regional planning policy, the conditions and space necessary for the socio-economic development of the local population, safeguard their natural resources in order to maintain the ecological balance of the continent of Europe as well as, in a spirit of complementarity, fulfil a social function as an area for leisure activities and accommodation for urban populations;

5.2. the traditional activities of mountain regions, such as agriculture, livestock-rearing, grazing, forestry, crafts and small-scale industry, not only enable quality goods to be produced but also play a fundamental role in regulating natural balances since they consolidate the soil, help maintain the hydrogeological balance, are sustainable and help shape attractive and varied landscapes;

5.3. it is imperative that local and regional authorities in mountain regions should be given greater autonomy in accordance with the principle of subsidiarity and in accordance with their capacities to be involved in any public decision-making process of relevance to them and which affects their territories, while the regional identity of the mountain population, as based on its cultural values and traditions, should be enhanced.

6. Having been informed of the state of progress of the ratification of the Convention on the Protection of the Alps and of the protocols for its application:

6.1. express the wish that the proposals presented by representatives of Alpine regions be taken into consideration in order to facilitate the ratification of the Convention by all the Alpine states;

6.2. consider that the Alpine Convention should constitute, for the Alps, one of the instruments for an ante litteram application of the European charter of mountain regions;

6.3. hope that, consequently, the convention will be integrated, in a spirit of complementarity, into the general framework of the charter, once it has been signed and ratified by the states;

6.4. request that the transposition of the convention and of its protocols into the domestic legislation of each state be carried out in close collaboration with the regions who are directly concerned;

6.5. consider it indispensable that their implementation be, as far as possible, entrusted to or taken on by the regions concerned, whilst respecting the competencies accorded to them in each state.

7. Invite the governments of the member states of the Council of Europe to:

7.1. recognise explicitly, within a legislative framework, the specific nature of mountain regions and their socio-economic and environmental problems and guarantee for the inhabitants of mountain regions living conditions comparable with those of other regions;

7.2. focus particular attention on mountain regions and implement an appropriate policy enabling the regions concerned to carry out their functions of general interest and to guarantee an appropriate role for local and regional authorities in the definition of this policy, taking into consideration the interests of the populations they represent;

7.3. ensure that environmental impact studies are carried out during the process of approval of projects which may have a harmful effect on the environmental resources of mountain regions;

7.4. take into consideration, when planning and developing fast, modern transport networks for people and goods, their integration into the landscape, respect for the environment, and mobility within mountain regions, while bearing in mind the requirements of local populations;

7.5. promote the exploitation of endogenous energy resources, particularly alternative and renewable resources, in a way which is compatible with environmental requirements and with a view to ensuring that local populations benefit from them.

8. Ask local and regional authorities to:

8.1. promote the implementation of a regional/spatial planning policy for mountain regions, which, through targeted and multidisciplinary sectoral policies, would ensure the durability and balanced development of traditional activities and, in a spirit of complementarity, the introduction of new economic activities compatible with the mountain environment;

8.2. encourage integrated environmental management programmes, produced in consultation with the local population, in order to ensure that the natural and landscape resources of mountain regions are properly protected;

8.3. draw up programmes for tourist development, adapted to the specific features of the area and compatible with the conservation of natural resources and with traditional mountain activities, and ensure that tourists are fully aware of the need to respect the mountain environment;

8.4. encourage intermunicipal and interregional co-operation, with a view to gradually reducing the socio-economic differences which exist between some local and regional authorities in mountain areas and provide the infrastructure and the facilities necessary to preserve the quality of life of the population and to enable people to continue living there.

9. Ask the Congress of Local and Regional Authorities of Europe and in particular its Chamber of Regions to:

9.1. speed up the finalisation and the adoption of the European charter of mountain regions by the Council of Europe, so that all mountain regions in Europe may have at their disposal a legal international instrument capable of correcting the existing socio-economic imbalances within a framework of sustainable and balanced development; and, by so doing, to make the necessary contacts with the Committee of Regions of the European Union, taking into account paragraph 11.1.;

9.2. play to the full its role as an institution representing Greater Europe, and take upon itself the defence of the interests of its mountain regions and, to this end, co-operate with the associations representing them;

9.3. strengthen, whilst applying the principle of subsidiarity, the legal framework permitting closer intermunicipal and interregional co-operation between local and regional authorities, by recommending that the Committee of Ministers quickly adopt the additional Protocol to the Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities;

9.4. review the implementation of the recommendations contained in this declaration at a fourth conference to be held on a suitable future date, in order to assess the situation and, if appropriate, to accelerate the ratification and application of the charter.

10. Ask the Parliamentary Assembly to:

10.1. continue to give its support to the elaboration of the final version of the European charter of mountain regions;

10.2. recommend to the Committee of Ministers and to governments, at an appropriate juncture, the adoption and ratification of the charter.

11. Invite the institutions of the European Union to:

11.1. take the necessary steps to accede as soon as possible to the European charter of mountain regions;

11.2. determine the criteria for defining a typology, within territories classified as mountain areas, with a view to identifying "intervention zones" which have specific economic, productive or social features requiring the attention of targeted policies;

11.3. implement a specific and effective European policy for mountain regions, based on the principle already recognised in the "Own-initiative opinion" of the Economic and Social Committee, approved on the occasion of the Plenary Session of 28 April 1988 and request the recognition of:

a. the specific nature of the problems suffered by mountain regions within sectoral policies and in strategic zones;

b. endogenous development as one of the solutions to socio-economic problems suffered by mountain regions and as an essential basis for policies pertaining to mountain areas, taking the form of "integrated programmes for the development of mountain areas" (IPDMA);

11.4. intervene, via specific financial measures, and in accordance with the principle of subsidiarity, to enable socio-economic integration of underprivileged mountain regions.

APPENDIX II

Organisations, institutions and authorities representing territorial communities comprising mountain regions, and interregional or intermunicipal bodies with specific interests or activities to which the draft charter has been submitted:

— The Association of the Central Alps ARGE ALP

— The Association of the Eastern Alps ALPEN-ADRIA

— The Working Community of the Western Alps (COTRAO)

— The COEUR (Centre d'observation des régions d'Europe)

— The Rhine valley border community

— The Working Community of the Jura

— The Working Community of the Pyrenees

— The Working Community of Galicia — North Portugal

— The Working Community of the Danube regions

— The Euro-region "Egrensis"

— The Union of Municipalities of Upper Silesia and Upper Moravia

— The Euro-region of the Carpathians

— The European Association of Elected Representatives from Mountain Regions

— The ANEM (Association Nationale des Elus de Montagne), France

— The GPMVR (Groupement de la Population de Montagne du Valais Romand)

— The SAB (Swiss association of mountain regions)

— The FEPM (Fédération Européenne des Populations de Montagne)

— The Euromontana association (France)

— The Assembly of European Regions (AER)

— The Central Jura Association (Switzerland)

— The Val-de-Travers Association (Switzerland)

— The Association of European Border Regions (AEBR)

— The Unione Nazionale Comuni, Comunità ed Enti Montani (UNCEM, Italy)

— The Working Community of Geneva (Switzerland)

— The International Commission for the Protection of the Alps

— The Region of Lower Austria

— The Region of Upper Austria

— The Region of the Tyrol (Austria)

— The Region of Vovoida (Poland)

— The Autonomous Region of Madeira (Portugal)

— The Region of Thesprotia (Greece)

— The Region of Catalonia (Spain)

— The Region of Carinthia (Austria)

— The Region of Piemonte (Italy)

— The Canton of Vaud (Switzerland)

— The Autonomous Region of Trento (Italy)

— The Region of Baden-Württemberg (Germany)

— The Province of Cuneo (Italy)

— The Municipality of Boticas (Portugal)

— The Municipality of Argein (France)

— The Autonomous Region of Trentino-Alto Adige (Italy)

— The Municipality of Iguena (Spain)

— The Canton of Solothurn (Switzerland)

— The Region of Languedoc Roussillon (France)

— The Region of the Valle d'Aosta (Italy)

— The Canton of Valais (Switzerland)

— The Region of Bavaria (Germany)

— The Region of Franche-Comté (France)

APPENDIX III

CONGRESS OF LOCAL AND REGIONAL AUTHORITIES OF EUROPE

Edition provisoire

RECOMMENDATION 14 (1995)1

on the European Charter of Mountain Regions

The Congress of Local and Regional Authorities of Europe:

1. Taking into account:

a. CLRAE Resolution 202 (89) recommending that a European charter of mountain regions be drawn up;

b. the work of the Parliamentary Assembly, and acknowledging its valuable support throughout the drafting of the European charter of mountain regions;

c. the work of the Committee of Ministers of the Council of Europe and of the European Conference of Ministers Responsible for Regional Planning (CEMAT) relating to mountain regions;

d. the European Union's sectoral and structural policies affecting such regions and the reforms of the structural funds and the related common agricultural policy;

e. the decisions adopted at the Rio de Janeiro Conference, in particular Chapter 13 of the work programme "Agenda 21", dealing with sustainable development of mountain regions;

f. the provisions of the European Convention on the Protection of the Alps (the Alpine Convention) and the Protocols thereto;

g. the work done by implementing national and regional policies in favour of mountain areas;

h. the work done by organisations, associations and bodies representing the interests of local and regional communities, with a view to sustainable development and more efficient protection of mountain regions;

i. the progress achieved in transfrontier co-operation between territorial authorities in mountain regions, especially in the Alps, the Pyrenees, the Jura, Scandinavia and the Carpathians, as a result, inter alia, of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities;

j. the endogenous development experience of local and regional communities in mountain areas.

2. Having examined:

a. the final Declaration of the 3rd European Conference of Mountain Regions held in Chamonix (France) from 15 to 17 September 1994, which was unanimously approved by over 200 participants from twenty member states of the Council of Europe;

b. the report on the draft European charter of mountain regions submitted to the Chamber of Regions at its plenary session by Mr Vierin (Italy), Rapporteur and Chair of the Working Group "European Charter of Mountain Regions";

c. the Chamber of Local Authorities' opinion on the draft European charter of mountain regions, presented at its plenary session by Mr Cavini (Italy) on behalf of the Working Group "European Charter of Mountain Regions";

d. the own-initiative opinion of the European Union's Committee of the Regions, which recognised the European charter of mountain regions as a legal foundation conducive to the implementation of a European policy of mountain regions, and thanking the Committee of the Regions for this opinion;

3. Recalling that:

a. the European charter of mountain regions is aimed at all the mountain areas of the member states of the Council of Europe, their populations and the competent political and administrative authorities on the regional, national and European levels;

b. finds its justification in the will to treat the mountains of Europe as a whole, taking into consideration, with constructive intent, the socio-economic, cultural and environmental aspects of Europe's mountain regions;

c. was drawn up on the basis of a wide-scale consultation process in the regional communities concerned, in accordance with the democratic principles of participation and consultation;

4. Emphasising that:

a. the provisions of the European charter of mountain regions supplement those of the Convention on the Protection of the Alps, known as the Alpine Convention, on account of the geographically complementary nature of the areas covered, the diversity of the instruments' objectives, the disparity of their target audiences and the difference in the procedures implemented with a view to their elaboration;

b. for the Alps, the Alpine Convention should constitute one of the instruments for an ante litteram application of the European charter of mountain regions and should consequently be integrated, in a spirit of complementarity, into the general framework of the Charter, once it has been signed and ratified by the member states of the Council of Europe.

5. Considering:

a. the extent of Europe's mountain regions and the general-interest functions they fulfil in the economic, social, political, cultural and environmental fields throughout the continent of Europe;

b. the specific nature and disparity of environmental and socio-economic conditions in Europe's mountain regions, which make it necessary to introduce a variety of policies according to regional needs, within the framework of a common European perspective;

6. Noting with regret that mountain regions have often been regarded as areas serving the large urban centres and their communication and transit needs or as areas of expansion for the markets of other regions which utilise the water and energy resources and climatic and landscape features of mountain regions.

7. Considering on the other hand that:

a. within the framework of a global regional-planning policy, mountain regions must as a matter of priority provide the conditions and space necessary for the socio-economic development of their local populations;

b. while promoting the cultural identity of mountain regions, it is essential to implement economic development programmes geared to the features of these sites and compatible with the preservation of traditional mountain activities and the conservation of natural resources;

c. the traditional activities of mountain regions not only enable quality goods to be produced but can also have a fundamental role in regulating natural balances and contributing to the beauty of the landscape;

8. Emphasising that, in accordance with the principle of subsidiarity, local and regional authorities must play an increasing role in the development of mountain regions and must therefore be endowed with more extensive powers and resources;

9. Recommends that the Committee of Ministers:

a. examine as promptly as possible the draft European charter of mountain regions, appended hereto, with a view to the adoption by the Council of Europe's member States of a binding legal instrument capable of correcting the existing socio-economic disparities while ensuring sustainable development;

b. involve the representatives of the Parliamentary Assembly and the Congress, and of the European Union's Committee of the Regions, in any preliminary work prior to the adoption of this instrument;

c. invite the governments of the member states of the Council of Europe to take into account the recommendations made in the Declaration of Chamonix-Mont Blanc approved at the 3rd Conference of Mountain Regions (Chamonix, France, 15-17 September 1994) when drafting or amending their legislation, general programmes and sectoral policies having an impact on mountain regions;

10. Invites the Parliamentary Assembly to continue to support the adoption of the European charter of mountain regions by the Committee of Ministers and its signature and ratification by the governments of the Council of Europe's member states;

11. Invites the European Parliament, acting under Article 138.b of the Treaty on European Union, to request the Commission to submit appropriate proposals with a view to the adoption of a European policy specific to mountain areas, taking into account the recommendations contained in the European Charter of Mountain Regions;

12. Invites the Commission of the European Communities to enact Community law incorporating the principles laid down in the European charter of mountain regions;

13. Invites the Council of the European Union to adopt a decision by which the European Community will become a party to the European charter of mountain regions, once it comes into force.

APPENDIX IV

European charter of mountain regions

submitted by

Mr D. VIERIN

Italy, Rapporteur

Contents

Preamble

PART I OBJECT AND DEFINITIONS

Article 1 Object

Article 2 Definition of mountain regions

Article 3 Territorial scope

PART II PRINCIPLES AND AIMS OF MOUNTAIN POLICY

Article 4 General principles

Article 5 General and sectoral policies

Article 6 Aims

PART III POLICY MEASURES

Article 7 Policy guidelines

Article 8 Agriculture

Article 9 Forestry

Article 10 Industry, crafts and services

Article 11 Multiple job-holding

Article 12 Housing

Article 13 Tourism

Article 14 Infrastructure, transport and amenities

Article 15 Energy

Article 16 Education, training, research and awareness-raising

Article 17 Culture

Article 18 Environment

Article 19 Scientific and technical co-operation

PART IV RESOURCES

Article 20 Policy instruments

PART V STANDING COMMITTEE

Article 21 Composition and functioning

Article 22 Competencies

Article 23 Report on the application of the Charter

Article 24 Publicity of proceedings

PART VI FINAL PROVISIONS

Article 25 Signature and ratification

Article 26 Entry into force

Article 27 Accession by non-member states

Article 28 Territorial clause

Article 29 Reservations

Article 30 Denunciation

Article 31 Notifications

Preamble

The member states of the Council of Europe and other signatories to this Charter,

1. Considering that one of the aims of the Council of Europe is to achieve the fullest possible economic and social cohesion between its members;

2. Noting that mountain regions occupy large areas in Europe and assume important functions of general interest, namely of an environmental, economical, social and cultural nature;

3. Aware that the mountain regions of Europe, in spite of their diversity, are experiencing common economic, social and environmental problems arising from their special geomorphological and climatic situations;

4. Taking into account the transfrontier character of some mountain regions, and the difficulties of implementing a coherent policy on both sides of the border;

5. Believing that the special conditions in mountain regions make it more difficult to satisfy the essential needs of their inhabitants;

6. Convinced that mountain populations and their natural environment constitute the basis of the major assets of mountain regions, and that these regions cannot fulfil their functions of general interest unless their landscapes and their natural resources are protected, a human presence is maintained, economic development is carried out, and adequate environmental protection and management are applied;

7. Recalling that mountain populations should be accorded the right to live and work in the mountains, the preservation of their local environment and a setting, living conditions and standard of living equivalent to those of other more favoured rural and urban regions;

8. Aware that the maintenance of populations in mountain areas is directly linked to the durability of economic activities traditionally and necessarily based on agriculture, forestry and crafts;

9. Considering that Europe's mountains constitute an exceptional heritage which should be enhanced and preserved, and that there is a need to protect and promote their diversity while ensuring that the social identity, traditions and culture of their populations are respected and maintained;

10. Considering that, for this purpose, it is important in the first instance to rely on Europe's local and regional authorities, which are closer to the territories, inhabitants and problems of mountain regions, to encourage their co-operation and to support any initiatives they might take;

11. Considering the recommendations and commitments made at the 1992 Rio de Janeiro Conference on Environment and Development;

12. Considering the whole body of resolutions and recommendations relating to mountain areas, rural areas, regional planning and the protection of the environment adopted by the European Conferences of Ministers responsible for these matters, the Standing Conference of Local and Regional Authorities of Europe, the Parliamentary Assembly and the Committee of Ministers of the Council of Europe;

13. Considering that Resolution 202 of the Standing Conference of Local and Regional Authorities of Europe invites the Council of Europe to draw up a European Charter of Mountain Regions proposing a concept of "European mountain regions" and laying down the broad lines of policies designed to resolve the problems involved, while guaranteeing the uniform treatment of frontier mountain regions;

Have agreed as follows:

PART I

OBJECT AND DEFINITIONS

Article 1

Object

The object of this Charter is to define the general principles, common to the member states of the Council of Europe, of a policy on the management, development and protection of mountain regions.

Article 2

Definition of mountain regions

For the purposes of this Charter, the Parties interpret the term "mountain regions" to mean areas whose altitude, sloping terrain and climate create special conditions which affect the pursuit of human activities.

Article 3

Territorial scope

The areas qualifying as mountain regions under the terms of the preceding Article shall be designated by the Contracting Parties, in accordance with Article 28 of this Charter.

PART II

PRINCIPLES AND AIMS OF MOUNTAIN POLICY

Article 4

General principles

1. Mountain areas require a specific policy framed according to the principles of sustainable development. This policy should address the whole range of problems: economic, social, cultural and environmental. It must aim to secure equivalent living conditions between mountain populations and populations of more favoured regions, with due regard to their diversity.

2. Mountain policy shall respect local and regional self-government by applying the principle of subsidiarity. Local and regional authorities shall be involved in its definition and formulation and be responsible, according to their respective powers, for its implementation.

3. To this end, the signatory states shall facilitate co-operation between local authorities and between regions within a national, transfrontier and transnational framework.

Article 5

General and sectoral policies

1. The Parties undertake to implement in mountain regions a comprehensive regional/spatial planning policy which should combine, according to the situations typifying each region, means for promoting economic development, for furthering the cultural and social interests of the population and for protecting and managing the environment.

2. They shall adapt and increase the effectiveness of the various sectoral policies already in force, and ensure their co-ordination as well as their integration into a comprehensive approach.

Article 6

Aims

1. The Parties shall base their policies, legislation and action regarding mountain areas on the following aims:

a. explicit recognition of mountain regions and their specific nature;

b. due regard for and recognition of the geographical entity constituted by each mountain area, so as to prevent existing or future administrative divisions from hindering the implementation of mountain policies;

c. maintaining populations in situ and combating the out-migration of young people;

d. establishment or modernisation of infrastructures and amenities necessary to the quality of life in, and the development of, mountain regions;

e. maintenance and improvement of local public services;

f. preservation of agricultural and pasture land and essential maintenance and modernisation of agricultural activities through a specific approach to mountain agriculture;

g. development of endogenous energy resources;

h. conservation of existing industrial activities and establishment of industries based on new technologies;

i. development of the tertiary sector, particularly tourism, as a supplement to traditional livelihoods;

j. preservation of the identity and dissemination of the cultural values specific to mountains and to each homogeneous mountain area.

2. These aims shall be achieved while respecting and protecting the environment as a result of an overall assessment of human and natural resources, abandoning the traditional choice between economic development and protection of the natural environment and seeking to establish a balance between human activities and ecological requirements.

PART III

POLICY MEASURES

Article 7

Policy guidelines

1. The implementation of regional/spatial planning policies in mountain regions must make it possible for traditional activities such as agriculture, forestry and crafts to undergo sustainable development which is capable of ensuring the preservation of the natural environment and of providing the essential basis for any other supplementary economic activity.

2. Any regional/spatial planning policy applied to mountain regions must be devised and implemented first and foremost in accordance with the requirements and interests of the populations concerned.

3. The Parties undertake to frame regional/spatial planning policies for mountain areas adhering to the principles stated in paragraphs 1 and 2 above and conducive to better intermunicipal, inter-regional and transfrontier co-ordination, effective rebalancing of resources, and recognition of the special nature of the problems of mountain areas.

4. Regional/spatial planning policies in mountain regions must come under general development plans or programmes taking account of all factors typifying the mountain area in question and capable of forming a standard reference for any other sectoral policy.

5. For the purpose of implementing a regional/spatial planning policy as defined in the preceding paragraphs, the Parties shall adopt legal, administrative, fiscal, economic and financial measures and shall institute sectoral policies in the following areas:

Article 8

Agriculture

1. The Parties undertake to implement agricultural policies appropriate to mountain areas, emphasising family farms and departing from certain standards applied in lowland regions:

2. They may take legal, fiscal and financial measures designed to ensure:

a. the preservation of agricultural and pasture land, particularly at high altitudes, and the survival and modernisation of farms;

b. indemnification of damage arising from major natural hazards, and compensation for the natural and ecological constraints inherent in mountain areas;

c. deterrents to the spread of abandoned arable areas and wastelands, the disuse of pastures and the fragmentation of holdings, and incentives to property consortiums and associations for the maintenance of agricultural land;

d. development of the dairy industry;

e. diversification, production and marketing of quality goods; creation of quality standards and labels for mountain products;

f. development of rural tourism;

g. easing of production quotas to take account of the absence of alternative forms of production in mountain areas;

h. encouraging the perpetuation of farming activities by providing aid to help young farmers set up businesses and by making inheritance tax concessions;

i. development of farmer co-operatives, co-operation structures and organisations, and businesses which process the products characteristic of each region.

3. The Parties undertake to support agricultural initiatives which contribute to the preservation, protection and improvement of the environment.

Article 9

Forestry

1. The Parties shall implement the following measures:

a. development of the timber industry;

b. enhancement of mountain forests through the improvement of production and exploitation conditions, the diversification of forest stands and the modernisation and carefully planned building of environmentally compatible service and access routes;

c. protection of forests, particularly at high altitudes, against natural disasters;

d. introduction of programmes for preventing and fighting fires, if necessary by placing restrictions on the use of fire in human activities;

e. reforestation programmes in cleared areas, where compatible with the intrinsic characteristics of the area concerned, devised in consultation with local agencies, ensuring that suitable species are planted and all monoculture and random afforestation are avoided;

f. control of natural afforestation on disused agricultural and pasture land in order to avoid closing tracts of countryside and spoiling their natural beauty.

2. They shall also ensure that natural and ecological constraints on forestry enterprises are offset and that fair compensation is provided for upkeep of woodland and non-utilisation of forestry potential with a view to environmental protection.

Article 10

Industry, crafts and services

In order to protect jobs in mountain regions, the Parties shall take the following measures:

a. encourage the maintenance of pollution-free industries and existing crafts by bringing influence to bear on infrastructures and framework conditions, particularly by simplifying administration and taxation procedures;

b. set up suitable reception, guidance and assistance facilities for businesses;

c. decentralise services and other production activities and stimulate the establishment of innovative, hight technology and high value-added businesses;

d. stimulate the establishment in mountain regions of industries and craft firms in order to improve methods for processing agricultural and forest-based products;

e. utilise forest-based products on the spot, especially products of first-stage processing and waste products, and encourage the development of woodworking crafts for amenities, construction and certain tourism-related products;

f. foster the improvement of production, working-up and marketing processes in regional mountain goods and measures to promote quality production.

Article 11

Multiple job-holding

The Parties undertake to simplify and assist multiple job-holding by taking all necessary measures, particularly as regards labour law, social protection, taxation and training. Special attention should be paid to the problems raised by the diversity of the resources and income of families with multiple occupations.

Article 12

Housing

In respect of housing, the Parties shall:

a. ensure that permanent residents have access to housing, in spite of the housing market distortions caused by the demand for second homes;

b. regulate as appropriate the siting of second homes;

c. promote the rehabilitation and renovation of housing and the salvaging of derelict buildings, while respecting traditional styles and materials, particularly by means of financial aid;

d. ensure the quality of accommodation and suitable architectural design in harmony with the landscape.

Article 13

Tourism

1. With regard to tourism policy and its repercussions in mountain regions, the Parties undertake to apply the following measures:

a. to ensure a balance between the development of tourism and the capacity of existing infrastructures and services, while maintaining the quality of the landscape and the environment and preserving traditional architecture and materials;

b. foster and support initiatives in rural tourism and other forms of tourism respectful of the natural, economic and social environment;

c. ensure that those employed in the tourism sector are sufficiently qualified for the purposes of present day tourism and able to guarantee quality service and work;

d. turn to account the advantages of mountain areas in terms of their environment, landscapes, architectural and cultural heritage, products and traditions.

e. encourage multi-seasonal operation in order to ensure sustained multiple job-holding and guard against over-use of mountain natural resources through undue seasonal concentration;

f. apply controls to recreational pursuits liable to impair the balance of the natural environment, and alert tourists to the hazards of certain sports.

2. The Parties invite local and regional authorities to take these measures in order to achieve a balanced form of touristic development respectful of the environment and the value of the mountain heritage.

Article 14

Infrastructure, transport and amenities

1. Where infrastructure, amenities and public services are concerned, the Parties shall ensure that mountain areas are not at a disadvantage compared with other rural or urban areas. Likewise, the profitability criterion alone should not cause them to abolish an amenity or public service in a mountain area.

2. The Parties shall take steps to secure for local authorities in mountain areas, or to bring up to the level of other local authorities, such basic infrastructures as local road networks, electricity supply, water supply, sanitation, schools, hospitals, solid waste disposal and telecommunications, in particular using new technologies easier to install in mountainous terrains.

They shall take measures to offset the extra cost of providing infrastructures in mountain areas;

3. In order to contribute to mobility in mountain areas, to the fluidity and smooth operation of the labour market and to inter-regional traffic and international transit, the security of the local population and of other users, the Parties, while respecting the constraints of environmental protection, undertake to:

a. garantee perfectly safe, year-round access to mountain areas;

b. incorporate mountain areas into the European network of communication and transport routes;

c. give priority, in international transit and inter-regional and local traffic, to rail transport by developping piggyback and intermodal transport, maintaining rail services to mountain areas wherever possible, and improving existing lines or building modern lines appropriate to the terrain and in harmony with the landscape;

d. establish in mountain areas an overall strategy for the planning and development of overland communication routes and transport. The specific problems associated with insularity of certain mountain regions should be taken into account, notably by applying the principle of territorial continuity;

e. improve regional, interregional and transfrontier communication routes in compliance with European standards on environmental impact studies, and provide regular, efficient public transport services;

4. The Parties shall take steps to maintain and improve the organisation of amenities and public services in mountain areas and to provide the inhabitants with immediate access to basic services such as health, education, local public transport, postal and telecommunication services and security. For this purpose they may if appropriate draw up an overall plan for the organisation of public services, or assign multiple functions to them.

Article 15

Energy

With regard to energy, the Parties undertake to:

a. turn endogenous resources to account and exploit hydroelectric potential in a manner compatible with environmental requirements;

b. instal the power plants in such a way as to preserve the natural environment;

c. encourage the development of alternative and renewable energy sources;

d. enable mountain communities to benefit from revenue earned by their hydroelectric resources.

Article 16

Education, training, research and awareness-raising

1. In order to guarantee the right to, access to and equality of education, the Parties shall ensure that schools in mountain regions remain open and are organised according to the requirements of the terrain, particularly in order to obviate long journeys for pupils. They shall develop new educational technologies, adapting them as appropriate.

2. In the educational field, the Parties undertake to develop and broaden technical and vocational training courses in mountain regions, in primary and secondary as well as higher education.

3. They shall take particular care to create teams of specialised instructors and appropriate training programmes, especially in the fields of mountain agriculture and crafts and advanced technology.

4. Where necessary, the Parties may implement specific programmes to assist research, especially within the framework of interregional co-operation.

5. They shall set up awareness-raising and information programmes on the preservation of the natural, cultural and social environment of mountain areas.

Article 17

Culture

1. The Parties undertake to respect, maintain and promote the diversity and richness of the cultural heritage of mountain regions and to develop cultural activities by taking the following measures:

a. cataloguing the historical heritage of mountain areas, enhancing it and making it more widely known;

b. protecting and developing the cultural traditions and forms of expression of all mountain regions, including, where appropriate, local languages, in accordance with the European Charter for Regional or Minority Languages;

c. reinforcing the cultural identity of mountain populations and stimulating the activities of voluntary associations.

Article 18

Environment

1. With regard to the environment, the Parties undertake to:

a. take measures to ensure the protection and management of soils, water and air, rehabilitation, where appropriate, of sites and landscapes, and conservation of fauna and flora and their habitats;

b. define areas where building, public amenities, traffic or other activities prejudicial to the environment must be restricted, avoided or if necessary prohibited;

c. establish international scientific, technical and political co-operation in order to ensure the management and protection of the environment in Europe's mountain areas;

2. The Parties shall, in addition, take special measures designed to:

a. develop their networks of biogenetic reserves and the protection of endangered biotopes in mountain regions, as well as to intensify co-operation with the existing networks;

b. devise or reinforce impact study procedures applied in the process of approving infrastructures and industry or tourism schemes, and also programmes or policies, which are liable to cause significant damage to the environmental resources of mountain areas;

c. study in greater detail the ecological limits to land use in mountain regions;

d. catalogue danger areas and take effective measures to protect the natural environment, persons and property against natural hazards such as avalanches, flash floods, landslides and forest fires;

e. study and disseminate systems for controlling hydrological erosion and preventing and fighting forest fires;

f. encourage the most environment-friendly mountain region development activities and projects;

g. establish international co-operation in order to ensure integrated management of water resources, with special attention to low water levels in mountain rivers and lakes.

Article 19

Scientific and technical co-operation

1. The Parties undertake to pool their scientific and research experience:

a. by implementing or strengthening a system of information and statistical data compatible and comparable between one country and another;

b. by stimulating co-operation between universities and research centres in mountain regions and promoting the creation of a European network of research and monitoring centres concerned with the specific problems of mountain regions;

c. by establishing and encouraging regular links between, on the one hand, small and medium sized firms, and, on the other, training and research centres so as to study and exploit the potential of new information technologies and means of improving living and working conditions as well as other socio-cultural factors;

d. by supporting and developing the transfer of technology meeting the needs of mountain regions.

2. The Parties invite all agencies concerned to participate in this technological co-operation and development effort.

PART IV

RESOURCES

Article 20

Policy instruments

In order to implement the policy for mountain regions as outlined above, the Parties undertake to provide adequate instruments and specific forms of aid for those regions, particularly where they have abnormally low income levels.

1. These instruments, which may be applied under general regional development programmes, shall:

a. deal specifically with spatial planning, nature and landscape protection, infrastructure, transport and socio-economic development;

b. be defined in the most suitable territorial context by or in conjunction with the competent local or regional authorities, with the participation of the public and the social and economic agencies and, if appropriate, in consultation with neighbouring authorities, within a local, regional, national and/or transfrontier scheme;

c. cover territories that are homogenous and coherent from the functional point of view;

d. co-ordinate the actions and investments of the responsible authorities in a given mountain territory over a given period of the year.

2. The Council of Europe's Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 21 May 1980), known as the Madrid Convention, shall serve as a guide in this respect.

3. The Parties undertake to develop the role of local and regional authorities to the full, as it is they who deal directly with mountain regions and are most familiar with their specific problems and best able to harness local forces to the promotion of social, economic and cultural life. In this connection, the management and implementation of the plans and programmes mentioned in paragraph 1 above should be delegated as far as possible to the regional and local authorities concerned, in accordance with the principle of subsidiarity and within the limits of their powers. Similarly, whenever necessary, the powers and financial resources of local and regional bodies must be reinforced and further developed in order to support policies in respect of mountain regions.

4. The Parties undertake to implement a policy of economic and financial aid and tax incentive in mountain regions aimed in particular at:

a. providing equalisation measures including tax equalisation, on behalf of less prosperous mountain regions;

b. assisting the maintenance and establishment of agricultural holdings, and craft business and commercial or industrial enterprises using pollution-free technologies;

c. facilitating the settlement of young people in the mountain areas, especially in agriculture, crafts and tourism;

d. compensating for natural or ecological constraints inherent in mountain areas and for restrictions on exploitation defined on a statutory or contractual basis;

e. rewarding the ecological services provided by mountain populations, particularly as regards upkeep of the landscape and protetion against natural hazards.

5. The Parties undertake to co-operate with the institutions, bodies and associations dealing, at European level, with regional development in mountain areas.

PART V

STANDING COMMITTEE

Article 21

Composition and functioning

1. For the purposes of the Charter, a Standing Committee shall be set up.

2. Any Contracting Party may be represented on the Standing Committee by a delegation comprising representatives of mountain regions. Each delegation shall have one vote. The Congress of Local and Regional Authorities of Europe (CLRAE) shall participate ex officio and with full rights. [In the event of its accession to the Charter the European Union, within the areas of its competence, shall exercise its right to vote with a number of votes equal to the number of its member States which are Contracting Parties to this Charter; the European Union shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely.]

3. Any member State of the Council of Europe which is not a Contracting Party to the Charter may be represented on the Committee as an observer.

The Standing Committee may, by unanimous decision, invite any non-member State of the Council of Europe which is not a Contracting Party to the Charter to be represented by an observer at one of its meetings.

Any body or agency technically qualified in this field may apply for observer status with the Standing Committee. The Standing Committee may, by simple majority, accept such a request.

4. The Standing Committee shall be convened by the Secretary General of the Council of Europe. Its first meeting shall be held within one year of the date of the entry into force of the Charter. It shall subsequently meet at least every two years and whenever a majority of the Contracting Parties so request.

5. A majority of the Contracting Parties shall constitute a quorum for holding a meeting of the Standing Committee.

6. Subject to the provisions of this Charter, the Standing Committee shall draw up its own Rules of Procedure.

Article 22

Competencies

1. The Standing Committee shall be responsible for monitoring the application and the implementation of this Charter. It may in particular:

- keep under review the provisions of this Charter;

- make recommendations to the Contracting Parties concerning measures to be taken for the purposes of this Charter;

- recommend the appropriate measures to keep the public informed about the activities undertaken within the framework of this Charter;

- make recommendations to the Committee of Ministers concerning non-member States of the Council of Europe to be invited to accede to this Charter;

- make any proposal for improving the effectiveness of this Charter.

2. In order to discharge its functions, the Standing Committee may, on its own initiative, arrange for meetings of groups of experts.

Article 23

Report on the application of the Charter

After each meeting, the Standing Committee shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the functioning of the Charter.

Article 24

Publicity of proceedings

The Standing Committee will periodically - and at least every five years - make a detailed report to the Parliamentary Assembly and to the CLRAE on the application of this Charter.

PART VI

FINAL PROVISIONS

Article 25

Signature and ratification

This Charter is open for signature by the member States of the Council of Europe. It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Article 26

Entry into force

1. The Charter will enter into force on the first day of the month following the expiry of a period of three months after the date on which five States of the Council of Europe have expressed their consent to be bound by the Charter in accordance with the provisions of Article 25.

2. In respect of any member State which may subsequently express its consent to be bound by the Charter, the latter shall enter into force on the first day of the month following the expiry of a period of three months after date of the deposit of the instrument of ratification, acceptance or approval.

Article 27

Accession by non-member States

1. After the entry into force of this Charter, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council of Europe to accede thereto.

2. In respect of any acceding State, the Charter shall enter into force on the first day of the month following the expiry of a period of three months after the date of the deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 28

Territorial clause

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this Charter shall apply, in consultation with the representatives of the mountain regions concerned.

2. Any Contracting Party may, when depositing its instrument of ratification, acceptance, approval or accession or at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Charter to any other territory which is specified in the declaration and for whose international relations it is responsible or on whose behalf it is authorised to give undertakings, in accordance with Article 3 of the Charter.

Article 29

Reservations

1. Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations regarding Articles 7 to 20 of this Charter. No other reservation may be made.

2. Any Contracting State which has made a reservation under the previous paragraph may wholly or partly withdraw it by means of a notification addressed to the Secretary of the Council of Europe. Such withdrawal shall take effect as from the date of receipt of the notification by the Secretary General.

Article 30

Denunciation

1. Any Contracting Party may, at any time, denounce this Charter by means of a notification addressed to the Secretary General of the Council of Europe.

2. Such denunciation shall become effective on the first day of the month following the expiry of a period of six months after the date of receipt of the notification by the Secretary General.

Article 31

Notifications

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe and any State which has acceded to this Charter:

a. any signature;

b. the deposit of any instrument of ratification, acceptance, approval or accession;

c. any date of entry into force of this Charter in accordance with Articles 25 and 26;

d. any report established in pursuance of the provisions of Articles 23 and 24;

e. any other act, notification, declaration or communication relating to this Charter.

In witness whereof the undersigned, being duly authorised thereto, have signed this Charter.

Done at Strasbourg, .................., in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Charter.

Reporting committee: Committee on the Environment, Regional Planning and Local Authorities.

Budgetary implications for the Assembly none.

Reference to committee: Doc. 6071, Reference No. 1640 of 5 July 1989 and Doc. 6236, Reference No. 1680 of 3 July 1990.

Draft recommendation adopted by the committee on 24 May 1995.

Members of the committee: Mr Parisi (Chairman), Mr Ruffy (Vice-Chairman), Lord Newall (Vice-Chairman), MM. Andreoli, Anomeritis, Arata, Ates, Bachna, Mrs Birzniece, Mr Gudmunder Bjarnason, Mrs Blunck (Alternate: Mr Horn), MM. Bonrepaux, Brennan (Alternate: McDowell), Briane, Büchel, Carcarino, Mrs Ciemniak, Mr Demiralp, Mrs Dromberg, MM. Eversdijk, Feldmann (Alternate: Marten), Frunda, Grau, Guía, Hardy, Johansson, Jung, Korakas (Alternate: Sofoulis), Kukk, Lanner, Lie, Magnusson, Molnar, Monfils, Motiu, Mozetič, Mrs Naoumova, MM. Pinto, Požéla, Prokeš, Redmond, Reis Leite, Mrs Robert, MM. Rott, Sarens, Mrs Severinsen, Mr Špaček, Mrs Stoisits, MM. Szymański, Theis (Alternate: Kollwelter), Toshev, Vella, Mrs Verspaget (Alternate: M. Blaauw), Mr Zierer.

N.B. The names of those members who took part in the meeting are printed in italics.

Secretaries to the committee: Mrs Cagnolati-Staveris, Mr Sixto.

1 ¹Discussion and approbation by the Chamber of Regions on 31 May 1995, and adoption by the Standing Committee on behalf on the Congress on 1 June 1995 (see doc. CPR (2) 3 Part I, Rec, draft recommendation presented by Mr D. Vierin, Rapporteur)