Draft European Landscape Convention

Doc. 8702

5 April 2000

Draft European Landscape Convention

Request for an opinion

Committee of Ministers

Letter from the Chairman of the Ministers' Deputies to the President of the Parliamentary Assembly, dated 31 March 2000

Dear President,

At their 705^th meeting on 30 March 2000, the Ministers' Deputies agreed to transmit the draft European Landscape Convention to the Parliamentary Assembly for opinion.

Please find attached a copy of the text of the draft Convention in both languages (CM(2000)51).

I should be grateful if the Parliamentary Assembly could deliver its opinion as soon as possible.

(signed)

Justin HARMAN

Select Committee of Experts

on the Drafting

of the European Landscape Convention

__________

Draft European Landscape Convention

CONTENTS

Background 3

Foreword

by the Chairman of the Select Committee of Experts

on the drafting of the European Landscape Convention 7

Text of the Draft European Landscape Convention 10

Appendix

Terms of reference of the Select Committee of Experts

on the drafting of the European Landscape Convention 20

Background

1. In September 1994, the Congress of Local and Regional Authorities (CLRAE) set up an ad hoc working group tasked with preparing a draft convention on European Landscapes. Several international, national and regional institutions have been invited to take part in the working group’s activities: the Council of Europe Parliamentary Assembly, the Council of Europe Cultural Heritage Committee (CC-PAT), the Council of Europe Steering Committee for the Protection and Management of Environment and Natural Habitats (CDPE), the UNESCO World Heritage Centre, the IUCN, the EU Committee of the Regions, the European Commission and the regions of Andalusia (Spain), Languedoc-Roussillon (France) and Tuscany (Italy).

Given the scientific complexity of the subject and the wide range of national legal approaches to it, the working group drew up a complete version of the draft convention in non-legal terms and a comparative study of European landscape legislation as preparatory documents. In addition, the working group referred consistently to existing national and international instruments in this area.

Given the demands of democracy and the specific aspects, multifacetedness and variety of the landscape features and interests to be taken into account, the CLRAE organised two special hearings in November 1995 and March 1997 as part of its consultations. These were attended by experts, representatives of the relevant international and non-governmental organisations and a small number of representatives of the states and local and regional authorities interested in the CLRAE’s activities in this area.

Following these hearings, the CLRAE adopted a preliminary draft European Landscape Convention in Resolution 53 (1997) during its fourth plenary session (3-5 June 1997). On the same occasion, in Recommendation 31 (1997), the CLRAE invited the Council of Europe Parliamentary Assembly to examine the preliminary draft European Landscape Convention contained in Resolution 53 (1997), to present an opinion and, if possible, to offer support with a view to the presentation of the final draft text, which should be adopted by the CLRAE at its 5^th plenary session (25-28 May 1998). The CLRAE also asked the EU Committee of the Regions for an opinion and support.

Before recommending that the Committee of Ministers adopt the European Landscape Convention, the CLRAE also decided, again in Resolution 53 (1997), to consult the representatives of the national ministries concerned. To this end, it organised a Conference in Florence from 2 to 4 April 1998 to consult these representatives and the main international and non-governmental organisations that are technically qualified in this area.

Finally, at its meeting in May 1998 the CLRAE adopted Recommendation n° 40 on the draft convention on European Landscapes.

2. At their 641^st meeting (15-18 September 1998), the Minister’s Deputies of the Council of Europe examined Recommendation 40 (1998) of the CLRAE on the Draft European Landscape Convention and instructed the Committee for the Activities of the Council of in the field of biological and landscape diversity (CO-DBP) and the Committee on Cultural Heritage (CC-PAT) to consider:

a. the need and feasibility of preparing a landscape convention text under the auspices of the Council of Europe taking into account especially the CLRAE's draft European Landscape Convention set out in Recommendation 40 (1998), in consultation with the International Guiding and Co-ordinating Group on the campaign “Europe: a Common Heritage” (GI-CAMP).

3. The Campaign “Europe: a Common Heritage” will take place from October 1999 until October 2000. The Campaign was decided at the Second Summit of Heads of State and Government of the Council of Europe held on October 1997. The campaign has as main objectives the following:

– to promote a dynamic process of awareness-raising, to develop a shared sense of belonging and foster tolerance between the various communities, through awareness and enhancement of the cultural and natural heritage;

– to develop a dynamic partnership centred on conservation and enhancement of the natural and cultural heritage, and making the most of its economic and social potential.

4. The Cultural Heritage Committee (CC-PAT) and the Committee for the activities of the Council of Europe in the field of Biological and Landscape Diversity issued opinions respectively on 17 February 1999 and 19 April 1999. Both committees:

– welcomed the holistic approach to the coherent management of the whole landscape of Europe, respecting its cultural and natural values, embodied in the draft Convention;

– welcomed the opportunities which it presents, to develop through co-operation, criteria for the identification and evaluation of landscape qualities;

– endorsed the emphasis on the quality of the process of landscape management, and public participation and involvement in it and

– recognised the complementary values of a European Landscape Convention alongside the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 1979), the Convention for the Protection of the Architectural Heritage of Europe (Granada, 1985) and the European Convention on the Protection of Archaeological Heritage (revised) (Valetta, 1992);

– stressed the necessity of co-operation on the European level within the framework of the Pan-European Biological and Landscape Diversity in which the implementation of the draft Convention must be seen;

– endorsed the recognition of local and regional responsibilities for the landscape in conformity with the principle of subsidiarity.

5. At their 676^th meeting (1-2 July 1999) the Committee of Ministers decided to set up a Select Committee of Experts on the Drafting of the European Landscape Convention with the following terms of reference:

“to finalise the text of a European Landscape Convention on the basis of the Draft European Landscape Convention prepared by the Congress of Local and Regional Authorities of Europe (CLRAE). Particular attention will be paid to Articles 12 and 10 (body to follow the implementation of the Convention”.

6. At its meetings in September and November 1999and January 2000 the Select Committee of Experts on the Drafting of the European Landscape Convention proposed some modifications which have been included in the present version. Article 12 disappeared as such, part of its content being incorporated to a new Article 11, which sets up the responsibilities of the body to follow the implementation of the Convention, as defined in the new Article 10.

7. The draft Convention appended has taken into account the formal revision of the text carried out by the General Directorate of Legal Affairs of the Council of Europe. The General Directorate of Legal Affairs has wished to make a more substantial proposal, concerning Article 4.

In its view:

“The addition of a new sentence to the end of Article 4 risks to weaken considerably the reach of the Convention. This provision is contrary to the spirit of an international Convention. It is formulated in terms so broad that it prevents any control of the engagements specified in the Convention. To authorise the Parties to harmonise “the implementation of the Convention with its own policies and programmes in a manner that meets the requirements of its own situation” is equivalent to recognise them the right to judge by themselves if they are in compliance with the obligations contained in the Convention.

The first sentence of Article 4 already places the implementation of the Convention in the framework of the Constitutional systems and administrative arrangements of each Party, and in conformity with the principle of subsidiarity. Thus it is necessary to delete the last sentence of Article 4.”

The paragraph proposed for deletion has been placed within brackets […].

8. The Committee on Cultural Heritage (CC-PAT) and the Committee on the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP) held a joint meeting on 10 March 2000, examined the draft text of the European Landscape Convention and, adopted the following decision:

“The Committee on Cultural Heritage (CC-PAT) and the Committee on the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP):

1. recalling its opinions of respectively 17 February 1999 and 19 April 1999 on the Draft European Landscape Convention prepared by the Congress of Local and Regional Authorities of Europe (CLRAE), in which both Committees:

– welcomed the holistic approach to the coherent management of the whole landscape of Europe, respecting its cultural and natural values, embodied in the draft Convention;

– welcomed the opportunities which it presents, to develop through co-operation, criteria for the identification and evaluation of landscape qualities;

– endorsed the emphasis on the quality of the process of landscape management, and public participation and involvement in it;

– endorsed the recognition of local and regional responsibilities for the landscape in conformity with the principle of subsidiarity;

2. having taken note the terms of reference given by the Committee of Ministers to the Committee for the Drafting of a European Landscape Convention;

3. after examination of the text submitted by the Committee for the drafting of a European Landscape Convention, which generally meets the expectations of both Committees;

4. decided to submit to the Committee of Ministers the enclosed text of a European Landscape Convention, together with the report of its meeting, with a view to its consideration and possible adoption and opening for signature.”

Foreword

by the Chairman of the Select Committee of Experts on the drafting of the European Landscape Convention, Mr Roger Clarke

Introduction

I have had the privilege of chairing the Expert Working Group charged with finalising the text of the proposed European Landscape Convention. This preface explains some of the thinking behind the Convention and our work.

People want to live, work, and enjoy their leisure in high quality surroundings. Increasingly, high quality surroundings are an important measure of quality of life.

However, in many situations, while standards of living have risen environmental quality has deteriorated. This is measured by the removal of historic buildings and the erosion of traditional patterns of agriculture, loss of wildlife species and habitats, expansion of poorly designed urban areas into the countryside, pollution of rives, lakes, and the sea, and loss of the distinct identity of settlements and regions.

Some adverse changes, such as growth in crime or levels of traffic and congestion, might be described as social in character. Others, such as those described above, while they have social causes, have a physical expression in the way places look, and the way they are seen by those who live there. This is what we term the landscape: the surroundings, in which people live, work and play.

Landscape in this sense is closely linked with the concept of sustainable development. It is an important expression or component of sustainable development. Development is not sustainable if it does not produce a high quality landscape. Equally, a high quality landscape is not sustainable in the long term if it is not underpinned by sustainable patterns of economic and social activity.

Landscape is closely linked to public involvement. It is related to how people feel about their surroundings, and the value they place on them. It is therefore linked to democratic processes at the local, regional and national level. It is not primarily about scientific or professional judgement, those these make an important supplementary contribution.

The context of the Convention

The Convention aims to improve the quality of the landscape throughout Europe by raising awareness of its value and the standards of its management.

The Convention is forward-looking. It aims to help the landscape evolve in a positive way into the future, as part of the process of sustainable development, not to preserve a particular landscape from a particular period of the past.

A high quality landscape is part of our common Europe heritage. In a sense it is the property of all Europeans. But action in relation to landscape is needed at local, regional and national levels, in accordance with the principle of subsidiarity. At a European level the task is primarily one of highlighting good practice and raising standards.

Landscape is everywhere. The concept embraces rural and urban areas; degraded areas as well as areas of high quality. It is not simply about those areas, which may be nationally designated as outstanding, such as regional or national parks. Indeed, the need for action is often greater in areas of low quality such as those around major cities, or those undergoing rapid agricultural or industrial transformation.

Landscape embraces nature and culture. It encompasses the environmental quality of soil and water, the richness of wildlife and habitat, and the shape of the land: mountain and valley, coast and plain. It encompasses the results of human activity: settlement patterns and farming patterns, the traces of previous human ways of living, monuments and sites which have defined our history, as well as the sense of place itself, embedded in our culture. Landscape is accessible through the way a place looks, but it refers to more than scenery: it requires an appreciation of the processes that have created the scenery.

Landscape therefore is concerned with the way we live on the earth: with the changing patterns of agriculture, transport, industrialisation, and urbanisation, as well as with the tools we use to manage those patterns, such as spatial planning.

The approach of the Convention

The Convention aims to provide an enabling framework for landscape policy, protection, management and planning. It is catalytic rather than regulatory in nature. Action on landscape issues is a matter for national, regional and local governments; The Convention provides common definitions of matters concerned with landscape, and indicates areas for action on the landscape. Signature to the Convention implies commitment to a common endeavour to co-operate on matters to do with landscape, rather than assent to a set of common rules. Like the landscape itself, the Convention is intended to be dynamic and flexible rather than static and unchanging.

The Preamble explains further some of the thinking behind the Convention. Article 1 is concerned with definitions: it is important, but particularly difficult, to develop a common vocabulary on landscape matters, so that we can understand each other across Europe. Article 2 sets out the geographical scope of the Convention and Article 3 its aims. Article 4 explains the subsidiarity principle: that each Party is expected to implement the Convention in ways consistent with their own national governance arrangements. Article 5 sets out general measures, which Parties should consider taking in order to care for the landscape. Article 6 sets out more specific measures concerned with awareness raising, education, and landscape assessment. Articles 7, 8 and 9 are concerned with co-operation at a European scale. Articles 10, 11 and 12 are concerned with the establishment of a European Landscape Committee, and its role. The final clauses in Articles 13-19 are concerned with procedural matters relating to the adoption and modification of the Convention.

Implementation of the Convention is the key to its success. First, we hope that a substantial number of countries will be able to sign the Convention at an early stage. Once they have done so, we envisage a relatively infrequent conference of the Parties [perhaps once every three or four years] to agree broad direction. The conference might have advisory input from NGOs and academic institutions. A work programme to give life to the Convention might then be created and discharged by a small executive group, with an emphasis on those who might make a substantial contribution to the Convention’s success, rather than comprehensive representation. Finally, we do not envisage the need for a substantial secretariat, or heavy commitment from Council of Europe staff. Council of Europe is well placed to ensure good communication, but the impetus and funding for the seminars, studies, training or projects will need to come form the Parties themselves.

Preparing the Convention

The gestation of the Convention has taken a long time. Its history is described in more detail in a subsequent section. Suffice to say that much of the initial impetus was provided by the Congress of Local and Regional Authorities of Europe, to whose vision and determination we are much indebted. I am also most grateful to the staff of the Council of Europe for their support and guidance in our work in finalising the text supplied to us by the Congress. In conclusion, I would like to express my thanks to my fellow-members of the Expert Working Group for their wisdom, tolerance and good humour in the completion of our task.

Draft European Landscape Convention

PREAMBLE

The member States of the Council of Europe signatory hereto,

1. Considering that the aim of the Council of Europe is to achieve a greater unity between its members for the purpose of safeguarding and realising the ideals and principles which are their common heritage and that this aim is pursued in particular through agreements in the economic and social fields;

2. Concerned to achieve sustainable development based on a balanced and harmonious relationship between social needs, economic activity and the environment;

3. Noting that landscape, has an important public-interest role in the cultural, ecological, environmental and social fields and constitutes a resource favourable to economic activity and whose protection, management and planning can contribute to job creation;

4. Aware that landscape contributes to the formation of local cultures and that it is a basic component of the European natural and cultural heritage, contributing to human well-being and consolidation of the European identity;

5. Acknowledging that landscape is an important part of the quality of life for people everywhere: in in urban areas and in the countryside; in degraded areas as well as in areas of high quality; in areas recognised as outstanding as well as everyday areas;

6. Noting that developments in agriculture, forestry, industrial and mineral production techniques and in spatial planning, town planning, transport, infrastructure, tourism and recreation practices and, at a more general level, changes in the world economy are in many cases accelerating the transformation of landscapes;

7. Wishing to meet the desire of the public to play an active part in the development of landscapes and to enjoy high quality landscapes;

8. Believing that landscape is a key element of individual and social well-being and that its protection, management and planning entail rights and responsibilities for everyone;

9. Having regard to the legal texts existing at international level in the field of protection and management of the natural and cultural heritage, regional/spatial planning, local self-government and transfrontier co-operation, in particular the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979), the Convention for the Protection of the Architectural Heritage of Europe (Granada, 3 October 1985), the European Convention on the Protection of the Archaeological Heritage (revised) (Valletta, 16 January 1992), the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 21 May 1980), the European Charter of Local Self-government (Strasbourg, 15 October 1985), the Convention on

Biological Diversity (Rio, 6 June 1992), the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972); the Convention on Access to Information, Public Participation in Decision-making and Access to Justice on Environmental Matters (Aarhus, 25 June 1998);

10. Acknowledging that the quality and diversity of European landscapes constitute a common resource for the protection, management and planning of which Parties have a duty to co-operate;

Wishing to provide a new instrument devoted exclusively to the protection, management and planning of all types of landscapes in Europe;

Have agreed as follows:

CHAPTER I – GENERAL PROVISIONS

Article 1: Definitions

For the purposes of the Convention:

a. “Landscape” means an area, as perceived by people, whose character is the result of the action and interaction of natural and / or human factors;b.

b. “Landscape policy” means an expression by the competent public authorities of general principles, strategies and guidelines that permit the taking of specific measures aimed at the protection, management and planning of landscapes;c.

c. “Landscape quality objective” means, for a specific landscape, the formulation by the competent public authorities of the aspirations of populations with regard to the landscape features of their surroundings; d.

d. “Landscape protection” means action to conserve and maintain the significant or characteristic features of a landscape, justified by its heritage value derived from its natural configuration and/or from human activity;e.

e. “Landscape management” means action, from a perspective of sustainable development, to ensure the regular upkeep of a landscape, so as to guide and harmonise changes which are brought about by social, economic and environmental processes;f.

f. “Landscape planning” means forward-looking action to enhance, restore or create landscapes;Ar

Article 2: Scope

Subject to the provisions contained in Article 16 this Convention applies to the entire territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes land, inland water and marine areas. It concerns landscapes that might be considered as everyday or degraded, as well as outstanding ones, since they all influence the quality of the surroundings in which people live.

Article 3: Aims

The aims of this Convention are to promote landscape protection, management and planning and to organise European co-operation on landscape issues.

CHAPTER II – NATIONAL MEASURES

Article 4: Division of responsibilities

Each Party shall implement this Convention, in particular Articles 5 and 6, according to its own division of powers, in conformity with its constitutional principles and administrative arrangements, and respecting the principle of subsidiarity, taking into account the European Charter of Local Self-government of 15 October 1985. [Each Party shall harmonise the implementation of this Convention with its own policies and programmes in a manner that meets the requirements of its own situation.]

Article 5: General measures

Each Party undertakes:

a. to recognise landscapes in law, as an essential component of people’s surroundings, an expression of the diversity of their shared cultural and natural heritage and a foundation of their identity;

b. to establish and implement landscape policies aimed at landscape protection, management and planning through the adoption of the specific measures set out in Article 6 below;

c. to establish procedures for the participation of the general public, local and regional authorities and other parties with an interest in the definition and implementation of the landscape policies mentioned in paragraph b. above;

d. to integrate landscape into its spatial planning policies and in its cultural, environmental, agricultural, social and economic policies, as well as in any other policies with possible direct or indirect impact on landscape.

Article 6: Specific measures

1. Awareness-raising

Each Party undertakes to increase awareness among the civil society, private organisations, and public authorities of the value of landscapes, their role and changes to them.

2. Training and education

Each Party undertakes to promote:

a. training for specialists in landscape appraisal and operations;

b. multidisciplinary training programmes in landscape policy, protection, management and planning for people in private and public and voluntary sector occupations directly or indirectly concerned with landscapes;

c. school and university courses which, in the relevant subject areas, address the values attaching to landscapes and the issues raised by their protection, management and planning.

3. Identification and assessment

a. With the active participation of the interested parties, as stipulated in Article 5.c above, and with a view to improving knowledge of its landscapes, each Party undertakes:

i. –to identify its own landscapes throughout its territory–

– to analyse their characteristics and the forces and pressures transforming them

– to take note of change;

ii. assess the landscapes thus identified, taking into account the particular values assigned to them by the interested parties and the population concerned.

b. These identification and assessment procedures shall be guided by the exchanges of experience and methodology organised between the Parties pursuant to Article 8 of this Convention.

4. Landscape quality objectives

Each Party undertakes to define landscape quality objectives for the landscapes identified and assessed after public consultation in accordance with Article 5.c above.

5. Implementation

To put landscape policies into effect, each Party undertakes to introduce instruments aimed at protecting, managing and/or planning landscape. These instruments may be based, for example, on guidelines to be adopted by the European Landscape Committee pursuing Article 11 paragraph 1 b of this Convention.

CHAPTER III – EUROPEAN CO-OPERATION

Article 7: International Policies and Programmes

Parties undertake in co-operation to consider the landscape dimension of international policies and programmes and to recommend where relevant the inclusion in them of landscape considerations.

Article 8: Mutual assistance and exchange of information

In order to carry out the provisions of this Convention the Parties undertake to co-operate in order to enhance the effectiveness of measures taken under other articles of this Convention, and in particular:

a. to render each other technical and scientific assistance in landscape matters through the pooling of experience and mutual exchange of research projects;

b. to promote the exchange of landscape specialists in particular for training and information purposes;

c. to exchange information on all matters covered by the provisions of the Convention.

Article 9: Transfrontier landscapes

The Parties undertake, wherever necessary, to set up international programmes for the protection, management and planning of transfrontier landscapes, if necessary in collaboration with the local and regional authorities concerned.

Article 10: European Landscape Committee

1. For the purposes of this Convention, a European Landscape Committee shall be set up.

2. Each Party may be represented on the European Landscape Committee by one or more delegates. Each Party has the right to vote. Each State Party to this Convention shall have one vote. Concerning questions within its competence, the European Community shall exercise its right to vote and cast a number of votes equal to the number of Member States that are Parties to the Convention. The European Community shall not exercise its right to vote when the vote relates to a question, which does not fall within its competence.

The Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe of the Council of Europe may be represented on the European Landscape Committee by one or more delegates, without the right to vote.

3. Any member State of the Council of Europe or the European Community, which is not a Party to the Convention, may be represented on the European Landscape Committee by an observer.

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

The European Landscape Committee may, on its own initiative or at the request of the body or agency concerned, invite any body or agency technically qualified in the protection, management or planning of landscapes to be represented by an observer at all or part of one of its meetings.

4. The European Landscape 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 Convention. It shall subsequently meet at least every four years and whenever a majority of the Parties so request.

5. In order to discharge its functions, the European Landscape Committee may, on its own initiative, set up an Executive Group whose members will represent equitably the main regions and cultures of Europe, and arrange for meetings of groups of experts.

6. A majority of the Parties shall constitute a quorum for holding a meeting of the European Landscape Committee.

7. Subject to the provisions of this Convention, the European Landscape Committee shall draw up at its first meeting its own Rules of Procedure, including the conditions for admission of observers.

Article 11: Responsibilities of the European Landscape Committee

1. The European Landscape Committee shall be responsible for overseeing the application of this Convention.

It may in particular:

a. make recommendations to the Parties concerning measures to be taken for the purposes of the Convention, where necessary drawing their attention to threatened landscapes;

b. adopt guidelines for general and specific measures aimed at the protection, management or planning of landscapes and commend them to Parties

c. encourage public awareness-raising, vocational training schemes and encourage exchanges of information and research findings in relation to landscapes, in accordance with Articles 6 paragraph 1 and 6 paragraph 2 of this Convention;

d. encourage programmes for the protection, management and planning of transfrontier landscapes in accordance with Article 9 of the Convention;

e. determine the criteria for the award of the “European Landscape Award” and recommend the award, in accordance with article 12 of the Convention.

f. consider the desirability of establishing a means of European recognition for landscapes which form a component of the common heritage and the diverse cultural identities of the people of Europe, on the basis that

i. criteria for such recognition are prepared and published by the European Landscape Committee,

ii. such landscapes are identified and proposed by the States Parties to the Convention,

g. prepare regular reports on the progress in the implementation of the Convention and send these reports to the Parties and, for information, to the Committee of Ministers, to the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe and other relevant Committees of the Council of Europe;

h. facilitate European co-operation in landscape matters particularly by such means as the raising from public and private bodies of voluntary financial contributions for the application of this Convention;

i. prepare any necessary amendments to the Convention and examine those proposed in accordance with Article 18 of this Convention.

j. make any proposal for improving the effectiveness of this Convention.

2. The European Landscape Committee shall use its best endeavours to facilitate a friendly settlement of any difficulty to which the execution of this Convention may give rise.

3. After each meeting, the European Landscape Committee shall forward to the Committee of Ministers of the Council of Europe a report on its work and on the operation on the Convention.

Article 12: European Landscape Award

1. The “European Landscape Award“ is a distinction which may be conferred by the Council of Europe on local and regional authorities and their groupings that have instituted, as part of the landscape policy of a Party to this Convention, a policy or measures to protect, manage and/or plan their landscape, which have proved lastingly effective and can thus serve as an example to other territorial authorities in Europe. The distinction may be also conferred on non-governmental organisations or individuals having made particularly remarkable contributions to landscape protection, management or planning.

2. The European Landscape Committee shall define the criteria on the basis of which to recommend the award of the “European Landscape Award”, adopt its rules and publicise the Award.

3. Applications for the “European Landscape Award” shall be submitted to the Secretary General of the Council of Europe by States. Transfrontier local and regional authorities, and appropriate non-governmental organisations or individuals may apply, as may groupings of local and regional authorities provided that they jointly manage the landscape in question.

4. On proposals from the European Landscape Committee the Committee of Ministers of the Council of Europe shall award the “European Landscape Award” to the territorial authorities, organisations or individuals selected, on the basis of an examination of applications submitted pursuant to paragraph 3 above and according to the rules of the Award.

5. The award of the “European Landscape Award” to local and regional authorities shall place them under an obligation to ensure the lasting protection, management and/or planning of the landscape areas concerned.

CHAPTER IV – FINAL CLAUSES

Article 13: Relationship with other instruments

The provisions of this Convention shall not prejudice stricter provisions concerning landscape protection, management and planning contained in other existing or future binding national or international instruments.

Article 14: Signature, ratification and entry into force

1. This Convention shall be open for signature by the member states of the Council of Europe. It shall 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.

2. The Convention shall 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 member states of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

3. In respect of any signatory state which subsequently expresses its consent to be bound by it, the Convention 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 ratification, acceptance or approval.

Article 15: Accession

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite the European Community and any European State which is not a member of the Council of Europe, to accede to the Convention by a majority decision as provided in Article 20 (d) of the Council of Europe Statute, and by the unanimous vote of the states Parties entitled to hold seats in the Committee of Ministers.

2. In respect of any acceding state, or the European Community in the event of its accession, the Convention 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 16: Territorial Application

1. Any state or the European Community may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which the Convention shall apply.

2. Any Party may at any later date, by declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. The Convention shall take effect in respect of such a territory on the first day following the expiry of a period of three months after the date of receipt of the declaration by the Secretary General.

3. Any declaration made under the two paragraphs above may, in respect of any territory mentioned in such declaration, be withdrawn by notification addressed to the Secretary General. Such withdrawal shall become effective on the first day of the month following the expiry of a period of three months after the date of receipt of the notification by the Secretary General.

Article 17: Denunciation

1. Any Party may, at any time, denounce this Convention 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 three months after the date of receipt of the notification by the Secretary General.

Article 18: Amendments

1. Any Party or the European Landscape Committee may propose amendments to this Convention.

2. Any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall communicate it to the member States of the Council of Europe, to the other States party, and to any non-member State which has been invited to accede to this Convention in accordance with the provisions of Article 15. The Secretary General of the Council of Europe shall convene a meeting of the European Landscape Committee at the earliest two months after the communication of the proposal.

3. The European Landscape Committee shall examine any amendment proposed and submit the text adopted by a majority of three quarters of the members of the European Landscape Committee to the Committee of Ministers for approval. Following its adoption by the Committee of Ministers by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the States Parties entitled to hold seats in the Committee of Ministers, the text shall be forwarded to the Parties for acceptance.

4. Any amendment shall enter into force in respect of the Parties which have accepted it on the first day of the month following the expiry of a period of three months after the date on which three Council of Europe member states have informed the Secretary General of their acceptance. In respect of any Party which subsequently accepts it, such amendment shall enter into force on the first day of the month following the expiry of a period of three months after the date on which the said Party has informed the Secretary General of its acceptance.

Article 19: Notifications

The Secretary General of the Council of Europe shall notify the member states of the Council of Europe, any signatory state and the European Community having acceded to this Convention, of:

a. any signature;

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

c. any date of entry into force of this Convention in accordance with Articles 14 , 15 and 16;

d. any declaration made under Article 16;

e. any proposal for amendment, any amendment adopted pursuant to Article 18 and the date on which it comes into force;

f. any denunciation made under Article 17;

g. any other act, notification, information or communication relating to this Convention.

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

Done at , this , 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 or to the European Community should they be invited to accede to this Convention.

Appendix

Terms of reference of the Select Committee of Experts on the drafting of the European Landscape Convention

1. Name of committee

Select Committee of Experts on the Drafting of the European Landscape Convention.

2. Type of committee

Select Committee of Experts.

3. Source of terms of reference

Committee of Ministers.

4. Terms of reference

To finalise the text of a European Landscape Convention on the basis of the Draft European Landscape Convention prepared by the Congress of Local and Regional Authorities of Europe (CLRAE). Particular attention will be paid to Articles 12 and 10 (body to follow the implementation of the Convention).

5. Membership of the committee

– Twelve members (six appointed by CO-DBP from its members and six appointed by CC-PAT from its members).

– The Council of Europe will bear (from the budgets allocated to the Directorates of Environment and Local Authorities and of Education, Culture and Sport for the intergovernmental programmes of activity for 1999 and 2000) the travel and subsistence costs of the experts.

– The CLRAE and the Parliamentary Assembly may participate in meetings without the right to vote or to have expenses refunded.

– The European Commission may participate in meetings without the right to vote or to have expenses refunded.

– Any other country will be able to participate in the work undertaken as observer.

6. Structures and working methods

– The Committee shall meet at most three times.

– The Committee will submit to the Committee of Ministers, through the CO-DBP and the CC-PAT, a text of a European Landscape Convention with a view to its adoption and opening for signature.

7. Duration

The terms of reference expire on 28 February 2000.