Reply to Recommendation 1241 (1994) on the application on conventions concerning the environment

13 September 1994

Doc. 7145

COMMUNICATION FROM THE COMMITTEE OF MINISTERS

Reply to Recommendation 1241 (1994)

on the application of conventions concerning the environment

(adopted by the Committee of Ministers on 5 September 1994

at the 516th meeting of the Ministers' Deputies)

1. The Committee of Ministers shares the Parliamentary Assembly's concerns about the need to give priority to improving the application of Council of Europe conventions concerning the environment and has decided to transmit this recommendation to the Governments of the member states. It wishes to stress that the protection of the environment, in particular as regards the problems of nature conservation, is a key field of activity for the Council of Europe. In this context, it draws attention to the major contribution made by the Convention on the Conservation of European Wildlife and Natural Habitats (Bern Convention) with regard to the conservation of the natural habitat of our continent. One of the clearest demonstrations of the interest generated by the convention can be seen in the numerous applications made in recent years by Central and Eastern European states to join the Bern Convention.

2. The Committee of Ministers recalls that the "Agenda 21" programme adopted at the Rio Summit in June 1992 indicates that regional organisations should work with the agencies in the United Nations system in helping to support and add to national efforts to implement the objectives it sets out. The Committee of Ministers recognises that the Council of Europe, which provides the Secretariat for the Bern Convention adopted in 1979, has a crucial role to perform here in applying at regional level the principles and obligations set out at world level as regards the conservation of biological diversity.

3. The preamble to the Rio Declaration stresses the importance that must now be attached to "establishing a new and equitable global partnership through the creation of new levels of co-operation among states, key sectors of societies and people" (indent 3). Chapters 27 and 31 of Agenda 21, which are devoted to "Strengthening the role of the non-governmental organisations: partners for sustainable development" and the "Scientific and technological community", set out the principles of action to be followed here. The Bern Convention goes some way in ensuring that these principles are applied by enabling bodies or institutions with technical skills in the field of nature conservation to help develop the activities for which the Standing Committee is responsible.

4. The Committee of Ministers stresses that the Bern Convention (ETS 104), which at present has 31 Contracting Parties (including the European Community and four non-member states), is expanding significantly in terms both of its geographical scope and the importance of the subjects it covers (conservation of ecosystems, habitats and species with a view to sustainable development).

At the same time, a "file procedure" is used to monitor application of the Bern Convention. Under this procedure, which was approved in 1984, "complaints" regarding non-compliance with one or more provisions of the convention by one or more Contracting Parties may be addressed to the Standing Committee, its Chairman or the Secretariat by individuals, NGOs, groups of individuals or by Contracting Parties themselves. The Standing Committee discusses such complaints and decides whether or not a file should be opened. It may also adopt a recommendation. It is entirely free to decide on the procedure to be followed in cases where files are opened. A procedure designed to formalise the system was provisionally adopted at the Standing Committee's 13th meeting (December 1993) and a final decision should be adopted at its 14th meeting in 1995.

5. The Committee of Ministers also wishes to point out that the Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment (ETS 150) was opened for signature on 21 June 1993 and has been signed by the following states: Cyprus, Finland, Greece, Iceland, Italy, Liechtenstein, Luxembourg and the Netherlands.

Moreover, following a recommendation by the 17th Conference of European Ministers of Justice (Istanbul, 5-7 June 1990), a Committee of Experts on the Protection of the Environment through Criminal Law (PC-EN) began its work in 1992. It has decided to draw up a draft international convention in this field.

6. With regard to point 11.ii of the recommendation, the Committee of Ministers agrees with the Parliamentary Assembly about the need to increase the resources allocated by the Council of Europe to the Secretariat of the Bern Convention. It is actually studying the question of an A4 post to be created in or transferred to the Directorate of Environment and Local Authorities for the Secretariat of the Standing Committee of the Bern Convention (T-PVS).