A European Charter for Rural Areas[1]
Doc. 7516
12 April 1996
OPINION [2]
Rapporteur : Mr SZYMANSKI, Poland, Socialist Group
The legal force of the Charter
The initiative taken by the Committee on Agriculture and Rural Development to elaborate a Charter for rural areas is to be welcomed. However, the formulation of such an all-embracing text, as well as the legal force which will subsequently be given to it, needs careful consideration. According to the draft Charter, each Party -signatory to the Charter -shall ensure that rural areas fulfill their economic, ecological and socio-cultural functions.
Since the draft Charter covers many important subject-areas to which member states cannot commit themselves or on which they are already bound by other texts, it seems useful to examine whether such an objective -the revival of rural areas- can be best attained by means of a European Convention, i.e. a binding legal instrument for those member states having ratified it, or by a Recommendation addressed to all member states, which leaves it to each of them to take any appropriate measure in order to implement the Charter provisions.
The ecological function of the countryside has since long been recognised and emphasised in many existing texts, in particular recommendations and resolutions of the Parliamentary Assembly. In a new convention, this function can therefore not simply be put on an equal footing with the economic and socio-cultural functions without some explanations and due reference to other legal instruments already in force. States which are already bound by such instruments in respect of some of their rural areas should be left enough flexibility to interpret the relevant provisions in the new Charter in a way
that conflicts with earlier undertakings are avoided. The same argument can be used in the field of regional planning.
Another argument to take into account is that the Appendix (containing guidelines for a policy for rural areas) is to be considered as an essential part of the Charter. These guidelines propose a very comprehensive and detailed set of measures which actually cover the main requirements for the revival of rural areas in Europe (in particular Guideline 6 on Agriculture).
As a result of that, the Appendix has become a mixture of guidelines and explanatory notes. Again, the legal form of a mandatory convention may create problems for the states which would wish to adhere since, in doing so, they would commit themselves to abide also with the Appendix, which is an integral part of the Charter.
For those different reasons, the Committee on the Environment, Regional Planning and Local Authorities would be in favour of a Recommendation to member states rather than a Convention. The Committee on Agriculture and Rural Development expressed a different view on this subject.
The definition of "rural areas"
For the purposes of this draft Charter, the term "rural areas" has been defined (art.2) as covering all areas except urban areas and it does not clearly exclude industrial areas. It would consequently equally apply to small communities, natural areas, touristic resorts, etc. However, the Committee on the Environment, Regional Planning and Local Authorities considers that to achieve the real aim of the Charter, it should focus on those areas which are in decline and clearly in need of revival because of unfavourable conditions, such as depopulation, unemployment, growing poverty, etc.
Another disadvantage of such a wide definition is that it covers natural areas, including natural parks, nature reserves, protected areas, etc. Under international and national legal instruments such areas are to be protected strictly and they have no significant economic or socio-cultural functions. In this respect, the Committee on the Environment, Regional Planning and Local Authorities consideres that the Charter should underline that development of rural areas should not be detrimental to their ecological functions if these are important. Criteria should be provided for an order of priority to be given to the ecological, economic and socio-cultural functions of a rural area.
The committee is of the opinion that the Charter should exclude explicitly excluded from application areas which have another destination by virtue of a legal provision, regional planning scheme, etc. Otherwise, the absence of any clear criterion and the resulting freedom of each contracting Party to interprete what is a rural area and to decide to which areas the Charter will apply is likely to result in a very disparate system of implementation, which can hardly be monitored by the Standing Committee to be set up. The committee regrets that the Committee on Agriculture and Rural development has preferred to maintain the wide definition of article 2.
The appendix
The importance of multifunctional and sustainable development of the countryside has been underlined in the report. The countryside is not only perceived as an area for food production but also as a home for a significant number of people. They state that
rural people wish to achieve a satisfactory level of income. This requires a variety of attractive employment opportunities, and not just in agriculture, forestry, aquaculture or fisheries. Development of small businesses that need appropriate technology transfers, introduction of advisory systems and financial aid, etc. can be a very good example.
According to the guidelines included in the Appendix, Parties to the Charter should ensure that rural areas are given assistance in the modernisation of infrastructure, communication and information networks.
Parties should also promote a model of agriculture guaranteeing both food security and a satisfactory level of income for farmer families consistent with respect for the principles of environmental protection. The role of local markets that are of basic significance to the economic development of rural areas should not be omitted or ignored.
It should be admitted that this is a very modern approach to the problem of agriculture as multifunctional agriculture has lost its importance. So, this is an attempt to solve the problem of food surplus which helps to improve the environmental quality.
The farming family should be the basis for economic agriculture. The authors stress the fact that private property should be protected and support should be given to the environment friendly production, non intensive farming and alternative use of land for e.g. production of renewable raw materials for recreational purposes.
The draft Charter assumes that each Party should implement the above mentioned policy taking into account the requirements of rural areas, local initiatives and aspects of regional diversity. The European Charter for Rural Areas is concerned with preserving cultural heritage and the specific character of regions. Article 11 underlines that Parties to the Charter should enforce the role of local and regional authorities as they understand better the needs and situation of certain areas. The Appendix and the Explanatory Memorandum to the draft Charter stress that rural communities should be given the greatest possible degree of self-government in the decision-making process.
For the purpose of implementing the policy for rural areas set out in this Charter, each Party must create appropriate legal and administrative instruments, some of which are covered by national legislation concerning spatial planning, others by treaties instituting international or transfrontier co-operation, and yet others by the jurisdiction of local or regional authorities. For border regions, the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities will serve as reference in the matter.
It is well known that certain sensitive areas should be protected in a special way because of their location. There are special natural conditions in coastal and mountain regions where unique flora and fauna exist, variety of possible crops, and due to their natural beauty mass tourism is developing. Mass tourism causes numerous hazards to nature as it disturbs its natural buffer character and results in its degradation. According to the report, protection of sensitive areas should be reflected in the regional policy and this should be positively considered.
It is very important that Parties co-operate on all the foregoing points with the various institutions, organisations and associations that deal with the development of rural areas. Only co-ordinated efforts aiming at the protection of rural areas may give
measurable results. In other cases, there are differences in opinions and inevitable conflicts which may affect rural communities.
Any Party may be represented on the Standing Committee on European Rural Areas (SCERA) which shall be responsible for implementing the provisions of this Charter. This is very important, in particular in Poland, for the effective adjustment of the legal provisions concerning agricultural, social and cultural policies to the solutions adopted by the Member countries of the Council of Europe.
Spatial planning
A comprehensive development of rural areas, in the way proposed by the provisions of the draft Charter, will not be possible without taking into account the guidelines concerning the spatial planning policy. An appropriate spatial planning in rural areas should be the main element of a comprehensive programme of development of rural areas.
In order to implement this programme, countries accessing to the Charter shall be obliged to create appropriate legal and administrative instruments or to make use of existing legal provisions concerning, among others, spatial planning. The draft Charter stresses the need to establish legal instruments concerning the protection of rural areas from uncontrolled urban development. It also underlines the importance of spatial planning programmes prepared by local authorities, associations or social institutions in co-operation with national and regional authorities.
The role of local communities in the decision-making process regarding local investment programmes is very important. The Appendix includes concrete proposals for solutions in regard to this problem. The principle of transparency should be applied in connection with any construction or infrastructure project of general interest (airports, motorways, high-speed trains, etc.) by supplying the population concerned with all relevant information in the implementation of such projects and consulting them by means of a referendum.
It should be underlined that the above mentioned recommendations concerning spatial planning are of very general character. Therefore, the ways of implementing this policy will depend on individual solutions adopted by countries signatories to the Charter.
Environmental protection issues
The intensive type of agriculture which tends to maximize crop yields and incomes dominates nowadays in the industrialised countries. A decline in profitability of agriculture production due to the stagnation in food prices with a simultaneous steady rise in the production costs has been observed in Western countries. Farmers try to compensate this decline by producing new, improved and fast growing plants and animals species. Large, specialised farms become one-sided, technically and organisationally optimised food factories.
Economic results of such farming lead to substantial and permanent (structural) food over-production. Food surpluses cause stagnation in food production and are promoted by the system of subsidies from the European Union. Agriculture would be unprofitable without this system of subsidies assigned for export support and long-term storage.
It should be stated that food produced with the help of intensive methods is frequently of very poor nutrition and taste quality: it contains pesticides, huge amounts of nitrites and nitrates due to the excessive use of fertilisers. Sometimes, we can find traces of antibiotics and anabolics in meat. The food industry uses artificial colorants and preserves in the production process. These methods adversely affect consumers' health.
At the same time, intensive agriculture in Western countries has resulted in serious degradation of nature and impoverishment of ecosystems. This is the result of both the use of large quantities of fertilisers and activities accompanying intensive agriculture such as the destruction of hedgerows, small forest enclaves and wetlands. In the Federal Republic of Germany, the percentage of wetlands in the countryside declined from 4,7 to 1 between 1960 and 1990. The share of various herbs growing in meadows in comparison to grass dropped from 30% to 15%. At the same time, out of 135 species of meadow plants, only 20 species still occur.
The above mentioned unfavourable facts prove that maintenance of a modern model of agriculture is not possible and profitable in the long run. Attempts to change the methods of agriculture and introduce methods linking harmoniously economic and ecologic principles have been made for a certain time. The draft Charter aims at putting this theory into practice. This document recognises the necessity of protection of nature as one of the fundamental aspects of the new policy of rural areas development.
The model of rural areas development proposed in the draft Charter being in conformity with the principle of sustainable development adopted by the international community at the UNCED Conference in Rio de Janeiro in 1992, results from the conviction that agricultural production may be stable in the long run only when soil, water and other environmental factors important for the agriculture are not degradated. To insert these ecological objectives into the policy for rural areas development may help to achieve the above mentioned aim.
This has been considered in almost all fifteen guidelines presented in the Appendix to the Charter. The guidelines emphasize the necessity of integrating efforts to protect the environment and to take into account its requirements while creating solutions within spatial planning, education, agriculture production, forestry and tourism. The draft Charter confirms that the need for environmental protection in rural areas requires extensive methods of agriculture and the conversion of part of the agricultural production for agrotourism and sustainable development of forestry. The Charter also stresses the potential of recyclable energy resources produced in agriculture (e.g. biomass) and ecological advantages resulting from their use.
The Charter provisions result from the belief that acceptance of a new environment friendly model of rural areas development shall not be possible without a change in the country's agricultural policy principles. The Charter is supposed to be an alternative for present, short-term and one-sided agriculture policy. It is a call for changes that in the long run may result in full and more harmonious development of rural areas and preserve social and agricultural functions of these areas.
Conclusions
To achieve this aim, a careful and realistic approach is necessary. The Committee on the Environment, Regional Planning and Local Authorities welcomes the initiative taken by the Committee on Agriculture and Rural Development to codify the various guidelines which together define a common policy to revitalise rural areas in decline.
However, for this purpose, it would have been preferable to define these target rural areas more precisely.
Secondly, it is regretted that the present Charter does not provide for a possibility to establish, for each rural area in decline, an order of priority in the fulfilment of its ecological, economic and socio-cultural function.
Thirdly, member states should be enabled to implement these guidelines according to the needs of their countryside and depending on the ways and means at their disposal. The Charter should therefore be given the legal form of a Recommendation, rather than a Convention.
Reporting committee: Committee on Agriculture and Rural Development (Doc. 7507)
Committee for opinion: Committee on the Environment, Regional Planning and Local Authorities
Reference to committee: Order No. 490 (1993)
Opinion approved by the committee on 3 April 1996
[2] by the Committee on the Environment, Regional Planning and Local Authorities