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Doc. 8812
31 August 2000
Protection and management of the Danube basin
Report
Committee on the Environment, Regional Planning and Local Authorities
Rapporteur : Mr Benno Zierer, Germany, Group of the European People's Party
Summary
In the light of recent events which have caused serious ecological threats to the Danube river basin, the Assembly requests the Committee of Ministers to reconsider its reply to Recommendation 1330 (1997) on the draft European Charter of the Danube basin, in which it gave no positive follow-up to the proposal.
Such a legal instrument – which could be set up as a partial agreement within the Council of Europe – could offer an adequate framework for co-ordination, synergy and optimal use of different instruments, programmes and initiatives undertaken by an important number of organisations dealing at different levels.
I. Draft recommendation
1. In order to contribute to the introduction of a comprehensive and integrated approach to the various sectoral policies pursued to ensure the sustainable development of the basin, the Parliamentary Assembly in 1997 adopted Recommendation 1330 (1997) on the draft European charter of the Danube basin.
2. This initiative was based on the fact that, given the new opportunities stemming from the opening up of the countries of central and eastern Europe, many initiatives have been taken in respect of the Danube basin such as conventions, agreements and projects which generally relate to environmental protection, navigation issues, transfrontier water management, tourism, etc.
3. The Assembly was convinced of the need to ensure that a comprehensive and integrated approach be taken with regard to all these activities and proposed a Charter which, without competing with any existing initiatives, was intended solely to provide the appropriate framework for ongoing co-operation at all levels in the Danube region and to ensure the best possible co-ordination of any forms of co-operation that already exist.
4. It is regrettable that the Committee of Ministers took the view that it was not the Council of Europe's task to play a part in the search for solutions to problems concerning part of Europe but that it was a task essentially for the countries concerned, and did not take this proposal any further.
5. Unfortunately, the already serious ecological situation of the Danube, combined with the difficulties involved in coping with the consequences of the recent disasters which have struck the river - whether it be the accidental discharges of dangerous substances resulting from bombings during the recent conflict in former Yugoslavia or the after-effects of the discharge of cyanide into a tributary of the Danube - have shown how useful the adoption of such a charter would have been and how its application would have been able to contribute to stability in the region.
6. The Assembly consequently recommends that the Committee of Ministers:
i. resume examination of the draft European charter of the Danube basin, with a view to giving consideration to its adoption in the near future;
ii. ask a committee of experts, on which both the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe would be represented, to do any work needed to finalise the text.
II. Explanatory memorandum by the Rapporteur
Table of contents
1. Introductory remarks
2. The draft Charter
3. Some reasons explaining the failure
4. Latest events
5. The lesson to be learned
6. Conclusions
Appendices
Appendix 1 : Resolution 1021 (1994)
Appendix 2 : Recommendation 1330 (1997)
Appendix 3 : Reply from the Committee of Ministers (Doc. 8117)
Appendix 4 : Draft European Charter of the Danube basin (Doc. 7797)
1. Introductory remarks
After five years of preparatory work carried on at various levels, the Committee on the Environment, Regional Planning and Local Authorities, through me as rapporteur, submitted to a Parliamentary Assembly Standing Committee meeting in April 1997 in Bucharest a report on the "Charter of the Danube basin" which led to the adoption of Recommendation 1330 (1997) on the same subject.
The report originated in the constant concern of the Assembly and the committee for the sustainable development problems of major international watercourses and the regions drained by them.
The geopolitical events of 1989 focused the committee's attention on the Danube basin and prompted the choice of Danube protection and management as the theme of the 2nd Pan-European Interparliamentary Conference on the Environment held at the invitation of the German Bundestag in Regensburg from 14 to 16 October 1993.
The conference took stock of and discussed the Danube's actual and potential functions, and highlighted the fact that the river could in future serve as a major waterway, the backbone of the region, the driving force of its development and a key link between Western and Eastern Europe.
The conference also stressed the Danube's proneness to grave environmental problems, and these have inexorably worsened with the development of certain activities generated by transition to a free market economy.
Among the problems singled out were water pollution, deterioration of habitats and threats to the Danube Delta. The conclusion drawn was that the necessary development of the river's potential must be concomitant with preservation and rehabilitation of the natural environment.
2. The draft Charter
The Danube itself and the surrounding region are covered by many instruments whether of a regulatory or a treaty nature, bilateral agreements and programmes which intergovernmental organisations at European or international level and non-governmental organisations have implemented.
In its work on this aspect, the committee came to the conclusion that it would be important to ensure active co-ordination of these various initiatives so as to incorporate them into a comprehensive approach allowing all the synergies to be turned to account.
The Regensburg Conference had accordingly put forward the proposal for a European Charter of the Danube basin, whose objective would on no account be to replace any of the existing instruments but rather to provide the sort of mechanism described above and ensure its operation.
This would involve creating a coherent and rational framework for existing co-operation instruments by setting out "principles for permanent Danubian co-operation in association with elected representatives". It was also understood that such co-operation must be based on the principles of active participation and subsidiarity.
On 18 January 1994 the Assembly adopted Resolution 1021 (see Appendix 1). In so doing, it subscribed to the Final Declaration of the Regensburg Conference and gave the committee terms of reference for the preparation of a Charter as envisaged.
In the course of the preparatory work, the ad hoc sub-committee of the Committee on the Environment, Regional Planning and Local Authorities, which had been set this task, held a number of consultations and hearings in order to obtain the opinions of the various parties concerned by the initiative.
The final consultations on the draft Charter with representatives from the countries of the Danube river basin, took place in Bucharest in November 1996. In May 1997, again in Bucharest, the Assembly adopted Recommendation 1330 on the draft European Charter of the Danube basin (Appendix 2) which was transmitted to the Committee of Ministers, the executive body of the Council of Europe.
In May 1998 the Committee of Ministers adopted a reply to the Recommendation (Appendix 3), by virtue of which it endorsed the Assembly's opinion as to the potential role of the Danube Basin and the importance of sub-regional co-operation arrangements for stability in Europe but on the other hand considered that proposed action as specified by the Assembly did not rest with the Council of Europe but was for the countries concerned to initiate. This amounted to a statement of its intention not to pursue the initiative.
3. Some reasons explaining the failure
The rapporteur and his fellow-parliamentarians from the Danube countries, like the committee as a whole, failed to understand the reaction of the Committee of Ministers.
Contrary to the arguments put forward by the Committee of Ministers, a Charter as proposed would seem altogether consistent with the vocation of the Council of Europe even though directly relevant to a few countries only. Moreover, if this really was to have constituted an impediment, certain other Council of Europe initiatives could have been imitated by electing to form a Partial Agreement as a possible alternative.
To guard against doubts and ambiguities, throughout the preparatory work a paramount concern was to refrain from creating any new instrument capable of even partially overlapping with others given that the initiative had completely different purpose. Despite of frequent alterations of the draft proposals and in the light of reactions by the governments, including some governments of countries in the Danube region, the rapporteur is convinced that the scope of the instrument has not been fully understood and that, while the Charter's sole purpose of providing a platform for dialogue was plain enough at parliamentary level, it was not equally clear to the governments.
As to the misgivings of the Committee of Ministers about the Council of Europe implementing sub-regional co-operation projects, recent events in the region have in any case given ample proof that the Council of Europe has a part to play at that level too.
In more general terms, with regard to the functioning of institutions of their mutual co-operation, the rapporteur considers it important to draw the proper conclusions from this reaction by the Committee of Ministers, which apparently may also be ascribed to defective communication between parliaments and governments as regards activities or initiatives embarked upon at Council of Europe level. Consequently, efforts are required at national level to improve co-ordination between the various tiers concerned.
4. Latest events
War in the former Yugoslavia
This situation has suddenly placed the Danube front-stage because of the damage, which it sustained, and the repercussions of the damage, principally as a result of bombing attacks on the Pacevo petrochemical complex and the Novi Sad refinery.
Indeed, the destruction of bridges is severely detrimental to economic and social development, besides which pollution of the river water caused by this destruction and by the release of dangerous substances into the river considerably aggravates its ecological plight.
Reconstruction and ecological rehabilitation are as always held to be a priority and a vital factor in the region's reconstruction and resumed development. However, as in other areas, rehabilitation appears to be hampered by a lack of consultation and co-ordination.
Cyanide pollution of the Danube and Tisza Rivers
During the night of 30-31 January 2000, freak weather conditions caused the breaching of the "Aurul S.A." plant's waste water reservoir, whose contents (100,000 m3) emptied into the Lapus, Somes and Tisza rivers. With its extremely high cyanide concentration, the spill caused an unprecedented ecological disaster.
The concentration levels of cyanide and heavy metals measured in the above-mentioned rivers were so great that they killed approximately 100 tons of fish and destroyed 95% of the phytoplankton and zooplankton.
As most of the Tisza's course lies in Hungary, this country was the first victim with virtually total loss of the river's fish stock as well as destruction of its plant and animal life. Furthermore, still in Hungary, the pollution also spread into protected areas such as the Lake Tisza protection zone forming part of the Hortobagy National Park.
Again where the Tisza is concerned, the pollution is estimated to have contaminated the drinking water supply of some 2.5 million people.
The extent of this disaster is enormous. Ecological rehabilitation will take long years and require large financial resources but also skills and know-how.
The Danube's ecological plight was already serious; to give an idea, suffice it to recall that the river is held responsible for 80% of Black Sea pollution. But even so, the Danube remained of the most important biodiversity corridors in Europe.
At present, it is greatly to be feared that the consequences of the war in the former Yugoslavia, together with those of the cyanide pollution, will have serious effects on plants and animals as well as on habitats. It is therefore important to treat rehabilitation of the Danube as a priority.
5. The lesson to be learned
The rapporteur is being intentionally polemical in choosing to assert that the Assembly's 1997 initiative putting forward the Danube Basin Charter sought to avert what is now sadly the case.
A mechanism for mutual information, co-ordination and co-operation among all parties concerned would no doubt enable them to intervene more adequately and deal with the specific problems according to their respective capabilities.
It would in any case assist in preventing hazards, applying the precautionary principle more systematically, and pinpointing the deficiencies to be remedied.
Besides this, a Charter as proposed would have the further advantage of providing a discussion basis on which to establish the responsibilities and compensate the victims.
The mine operator, co-owner of the Romanian State enterprise, is Australian and was quick to deny any involvement of its responsibility.
If that is substantiated and if indeed the Romanian State authorities did not specify certain obligations with regard to risk prevention measures in the Australian firm's schedule of conditions, it is regrettable and Romanian national legislation should imperatively be amended to make provision for similar situations.
What is more, as the committee re-emphasised when discussing this topic, the "polluter pays" principle should be applied in all circumstances.
6. Conclusions
Having the above in mind, and following a number of his earlier statements, your Rapporteur considers that the Assembly ought to request the Committee of Ministers to reconsider the Charter. Today, even more so than while adopting Recommendation 1330 (1997), this legal instrument would represent an adequate framework to give coherence to actions in this region, undertaken by a number of international organisations including the Council of Europe.
*
* *
Reporting committee : Committee on the Environment, Regional Planning and Local Authorities.
Budgetary implications for the Assembly : None
Reference to committee : Follow-up to Recommendation 1330 (1997)
Draft recommendation adopted by the committee on 4 April 2000.
Member of the committee : Mr Akçali (Chairman), MM Besostri, Hoeffel, Haraldsson, (Vice-Chairmen), MM. Andreoli, Angourakis, Bianchi (Alternate : Pinggera), MM Bockel, Briane, Browne, Mrs Burataeva, MM Budisa, Sir Sydney Chapman, MM Ciupaila, Cox, Diana (Alternate : Risari), Duivsteijn, Mrs Dromberg, Frunda, Grachev, Graas, Guardans, Mrs Granlund, Mrs Herczog, Mrs Hornikova, MM Hren-Vencelj, Kalkan, Mrs Kestelijn-Sierens, MM Kieres, Kittis, Kurucsai, Kurykin, Lachat, Linzer, Luczak, Martinez Casan, Melo, Mezeckis, Mrs Mikaelsson, MM Minkov, Monteiro, Mota Amaral, Müller, Mrs Nagy, MM Pollozhani, Prosser (Alternate : O’Hara), Prokes (Alternate : Duka-Zolyomi), Rakhansky (Alternate : Strizhko), Reimann, Rise, Salaridze, Mrs Schicker, Mrs Sehnalova, M Schütz, Mrs Severinsen, MM Skoularikis, Sobyanin, Steolea, Stepaniuc, Mrs Terpstra, MM Toshev (Alternate : Ivanov), Truu, Vella, Zierer
N.B. The names of those who took part in the meeting are printed in italics.
Secretaries of the committee : Mrs Cagnolati, Mr Chevtchenko, Mrs Karanjac
Appendix I
Parliamentary Assembly of the Council of Europe
RESOLUTION 1021 (1994)1
on the preservation and development of the Danube basin
1.The Danube lies at the heart of central and eastern Europe. It has a total length of 2 857 km and its catchment area represents roughly one-third of the area of Europe.
2.The Danube basin - including the river itself and also all its tributaries - covers the whole of Hungary and Romania, nearly half the Czech and Slovak Republics, the greater part of Austria and the former Yugoslavia, large areas of Germany (like Bavaria and part of the Baden-Würtemberg region), part of Bulgaria and areas of former Soviet republics such as the Ukraine and Moldova.
3.Despite the tribulations endured by this region for centuries, most recently during the decades of communist rule, the Danube has always been a unifying factor, linking the peoples of the countries along its banks not only culturally, socially and historically, but also economically.
4.Since the historic events of 1989 concerning central and eastern Europe, this river has taken on a great symbolic value and the development potential which its basin offers has emerged as a priority for international co-operation in the region.
5.The Danube basin could be the hub of integrated, balanced development of the entire region provided its economic and energy potential, transport, tourism and ecology are developed and co-ordinated by means of action taken on a basis of consultation and co-operation between all the riparian countries and regions.
6.This calls for a permanent dialogue between these states and regions, in which it should be possible to frame all policies in such a way as to create synergies within a coherent overall whole.
7.The Assembly is pleased to have taken the decision to devote the 2nd Pan-European Interparliamentary Conference on the Environment to the Danube basin. This conference held in Regensburg, Germany, from 14 to 16 October 1993, was a great success and produced some extremely practical conclusions.
8.It was important to discuss the situation of this great river within a parliamentary forum and, in particular, see to what extent the many initiatives already taken in its favour are likely to lead - owing to a lack of co-ordination - to fragmentation and inconsistency, thus making it impossible to achieve the desired results.
9.The Assembly particularly agrees with the wish of the conference that account should be taken, in particular, of the need for a new dimension to the planning of European territory, which should, in fact, be the spatial expression of a political programme and which should integrate all ecological, hydrological, economic, energy, communication, agricultural and demographic components.
10.The Assembly has therefore to subscribe to the final declaration adopted at the end of the Regensburg Conference and to agree with the participants on the need to set up a body capable of implementing and co-ordinating a truly pan-European policy in this region.
11.It also noted with satisfaction Romania's willingness to act as host country to such a body.
12.The Assembly, therefore, decides:
i.to draw up a European Danube basin charter which would lay down principles for permanent Danubian co-operation to be developed at intergovernmental level, in association with elected representatives of the riparian states and regions;
ii.to concentrate, by this instrument, on co-ordinated action to make use of the Danube as a main waterway and, possibly, the core of a system of shipping channels, as a main source of ecologically acceptable energy production, as the principal reservoir of water both for human consumption and for use in industry and agriculture in the riparian regions, and as an area of relatively undamaged nature, which also offers the potential for touristic development;
iii.to envisage such an instrument, prepared by the appropriate committee, as the basis for the setting up of an international council of the Danube as recommended at the Regensburg Conference, which - under the aegis of the Council of Europe - would be chiefly responsible for seeing to:
a.the co-ordination of existing initiatives;
b.the introduction of new, complementary schemes;
c.permanent consultation and dialogue among all the riparian states and regions;
iv.to involve the Standing Conference of Local and Regional Authorities of Europe (CLRAE), in co-operation with the Committee on Economic Affairs and Development and the Committee on Science and Technology, in the preparatory work on this charter;
v.to examine the above-mentioned project as soon as possible, in order to adopt and transmit it to the Committee of Ministers.
__________
1. Assembly debate on 26 January 1994 (5th Sitting) (see Doc. 6992, report of the Committee on the Environment, Regional Planning and Local Authorities, Rapporteur: Mr Zierer).
Text adopted by the Assembly on 26 January 1994 (5th Sitting).
Appendix 2
Parliamentary Assembly of the Council of Europe
RECOMMENDATION 1330 (1997)1
on the draft European charter of the Danube basin
1. The Danube basin has always been a region where many different peoples have been brought together by historical, social, cultural and economic links made possible by the unifying effect of the river.
2. Growth in co-operation between the countries within the region and between them and other countries in both western and eastern Europe was checked or, at the very least, greatly reduced during the period before 1989.
3. Developments since 1989 and the return of east European countries to democratic government and the market economy undoubtedly offer new opportunities for co-operation and development in the Danube basin.
4. In this connection, for instance, the Assembly believes that the Danube can serve as a major inland waterway, which, in particular through the Rhine-Main-Danube link, can significantly reduce the volume of goods transported by land routes and offer a less expensive and, above all, less environmentally harmful means of transport.
5. Moreover, increased use of the Danube as a transport route is bound to have a beneficial impact on the economic development of the surrounding regions.
6. However, the Assembly is equally aware of the dangers facing this region where not only the river, but also other natural resources such as the air and the soil, are under serious threat.
7. At the same time, it is important to note that the state of the Danube has significant implications for other regions such as the Black Sea basin, the pollution of which is largely attributable to the pollution of the Danube, and this makes properly co-ordinated co-operation between the various regions concerned all the more necessary.
8. Given the new opportunities which have emerged in the Danube basin region following the opening up of the countries of central and eastern Europe, many initiatives - mostly focusing on specific individual aspects of the problems facing the region - have either come into being or, if already existing, have gained fresh momentum.
9. At present, the Danube basin is covered by various conventions, agreements and projects, etc., concerning environmental protection, navigation issues, transfrontier water management, tourism, etc.
10. The Assembly believes that only a comprehensive and integrated approach to the various sectoral policies concerned can ensure harmonious, satisfactory, ecologically acceptable and economically legitimate development of the region.
11. Consequently, while recognising the validity of these initiatives and the important role they can play with regard to the specific problems addressed, the Assembly believes there is a need to put in place a mechanism which will ensure that all the relevant problems are taken into consideration in a comprehensive and integrated manner, and which meets the requirements of sustainable development while fitting in with a regional development policy that is consistent with a pan-European approach and with the specific problems of the region.
12. If all the problems which the Danube region may have to face are to be dealt with in a comprehensive and integrated manner, co-operation must also extend to all levels, that is, international, national, regional and local, and to all the parties concerned, that is, public authorities, elected representatives and governmental and non-governmental organisations.
13. It was with this in mind that the Assembly decided in Resolution 1021 (1994) to draw up a European charter of the Danube basin, which would provide an appropriate framework for permanent co-operation at all levels in the Danube region and for effective co-ordination of the specific examples of co-operation already in existence.
14. The Assembly thus welcomes the completion of the work on the draft European charter of the Danube basin, which is in keeping with the wishes expressed in Resolution 1021 (1994).
15. In this connection, the Assembly has noted the offer of the Romanian authorities to host in Bucharest the secretariat to be established under the charter.
16. The Assembly therefore recommends that the Committee of Ministers:
i. examine the draft European charter of the Danube basin with a view to permitting its early adoption;
ii. consider the possibilities of establishing in Bucharest the seat of the Standing Committee, to be set up under the charter, and its secretariat;
iii. assign responsibility for finalisation of the text, if it believes this to be necessary, to a committee of experts including representatives of the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe;
iv. present the draft text thus completed, and before its final adoption, to the Parliamentary Assembly for its opinion.
__________
1. Text adopted by the Standing Committee, acting on behalf of the Assembly, on 28 May 1997.
See Doc. 7797, report of the Committee on the Environment, Regional Planning and Local Authorities, rapporteur: Mr Zierer.
Appendix 3
Parliamentary Assembly of the Council of Europe
Doc. 8117
18 May 1998
Draft European charter of the Danube basin
Reply to Recommendation 1330 (1997)
from the Committee of Ministers, adopted on 12 May 1998 at the 631st meeting of the Ministers’ Deputies
The Committee of Ministers studied Parliamentary Assembly Recommendation 1330 (1997) on the draft European charter of the Danube basin with interest.
The Committee of Ministers is aware of the new opportunities for co-operation and development in the Danube Basin, particularly in the fields of economy and environment since as early as 1989.
Many Council of Europe member States are attached to sub-regional co-operation which contributes to Europe’s stability. The Committee of Ministers expresses its satisfaction that co-operation is developing under the umbrella of the Council of Europe.
In this connection, a general legal problem arises whether the whole Organisation should play a prominent role in finding solutions to problems which concern a part of Europe, or only the implicated countries. In the case of the Danube Basin there is an evident European dimension, but, it is for the relevant States in the region, in the first instance, to take action themselves.
The Committee of Ministers is also aware that there is already a number of international legal texts on the Danube Region, e.g. the Budapest based Danube Commission set up in accordance with the Belgrade Convention of 1948. The structure proposed in the draft Charter might overlap with the regional co-operation of the States of the Danube area (the ARGE DONAULAENDER).
A cooperation framework for the implementation of all legal instruments applicable to the Danube region might be useful, but it is for the contracting Parties to the different instruments to create such a framework.
Appendix 4
Draft European Charter of the Danube basin
Preamble
The States of the Danube basin and the other signatories hereto,
(1) Considering that the Danube basin is a geographical, cultural and environmental entity shared by States, which differ as to their histories, populations and economic development;
(2) wishing to contribute to achievement of the Council of Europe’s objective of closer unity of its members and promotion of co-operation between them;
(3) aware that the Danube basin constitutes an important link between western Europe and eastern Europe and hence has a major role in establishing such co-operation;
(4) aware, in addition, that nearly 80 million European live in the Danube basin, which must be protected and enhanced, and that it also represents a European natural and cultural heritage, which must be preserved and turned to advantage in accordance with the principles of regional/spatial planning and sustainable development, while promoting its inhabitants’ well-being, social identity, traditions and culture;
(5) mindful that any activity in the Danube basin may have consequences for adjacent or distant territories and that the regions concerned are therefore dependent on one another;
(6) reasserting the role of territorial communities or authorities and the importance of their participation in European unification, and bearing in mind in this connection the final declaration of the heads of state and government of the Council of Europe, adopted in Vienna in 1993, according to which “The creation of a tolerant and prosperous Europe foes not depend only on co-operation between states. It also requires transfrontier co-operation between local and regional authorities, without prejudice to the constitution and the territorial integrity of each State”;
(7) considering, therefore, that interregional and interterritorial co-operation makes for integration, political stability harmonious development and improvement in the quality of life;
(8) considering the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, signed in Madrid on 21 May 1980, and the Additional Protocol thereto, signed in Strasbourg in 1995, which acknowledge the fundamental role of the regions and of territorial authorities and expressly confer on such bodies the right to co-operate with one another within the limits of their powers;
(9) considering the fact that many initiatives taken in the Danube basin seem to bear witness to a community of interests and a shared vision of a future to be built in common, and recalling in particular, in this respect, the co-operation entered into since 1990 by the Working Community of the Danube Regions;
(10) considering that, in order to be fully effective, co-operation must be put into practice through systematic collaboration both between the States conserved and between their territorial communities and their citizens, and that, to this end, an appropriate legal framework is indispensable;
(11) taking account of the specific international legal instruments already applicable to the Danube region, in particular:
a. the Convention regarding the Regime of Navigation on the Danube (Danube Convention), signed in Belgrade in 1948;
b. the Convention on the protection of the Black Sea against Pollution, signed in Bucharest in 1992;
c. the Convention on the co-operation for the Protection and Sustainable Use of the Danube River, signed in Sofia in 1994:
(12) also taking account of the relevant legal instruments of worldwide or European scope, in particular the conventions and charters listed in the appendix to this charter;
(13) also bearing in mind the European recommendations, resolutions and other texts of importance to the Danube basin, in particular those listed in the appendix to this charter;
(14) referring to Resolution 1021 (1994) of the Parliamentary Assembly on the preservation and development of the Danube basin, deciding to draw up a European Basin Charter.
Have agreed as follows :
PART 1 – Purpose and definitions
Article 1 - Purpose
The purpose of this Charter is to bring into effect ongoing co-operation between the governments, national parliaments, territorial communities or authorities and their elected assemblies, European institutions and international organisations, with a view to the harmonious, sustainable development of the regions of the Danube basin, for the well-being of its inhabitants and the preservation of its natural and cultural heritage. Suitable national or European non-governmental organisations and associations shall be involved in this operation in an appropriate manner.
Article 2 - Definitions
For the purpose of this Charter
a. “Danube basin” means the area formed by the catchments area of the Danube and its tributaries, from the eastern slopes of the Black Forest to the Danube Delta.b.
b. “Sustainable development” means development aimed at improving living conditions for human communities while remaining within the limits of the support capacity of ecosystems.
c. “Regional/spatial planning” means planning which gives geographical expression to the economic, social, cultural and ecological policies of society. On a European scale, it contributes to a better spatial organisation in Europe and to the finding of solutions for problems, which go beyond the national framework. (European Regional/Spatial Planning Charter). It is an instrument designed to ensure balanced regional socio-economic development, an improvement in the quality of life, rational use of space, responsible management of natural resources and protection of the environment.d.
d. “Environmental impact assessment” means a procedure for evaluating the likely impact of a proposed activity on the environment.e.
e. “The Madrid Convention” refers to the European Outline on Transfrontier Co-operation between Territorial Communities or Authorities, signed in Madrid in 1980.f.
f. “Transfrontier co-operation” means any concerted action designed to reinforce and foster relations between territorial communities or authorities within the jurisdiction of two or more states and the conclusions of any agreement and arrangement necessary for this purpose.g.
g. “Region” means a territorial unit within a state, which through its administrative organisation is self-governing to a greater or lesser extent.h.
h. “Territorial community” means a community, authority or body exercising local or regional functions and regarded as such under the domestic law of the State concerned.i.
i. “International Non-Governmental Organisations” means associations, foundations and other private institutions (hereafter referred to as NGOs), which satisfy the following conditions :i.
i. have a non-profit-making aim of international utility;
ii. have been established by an instrument governed by the internal law of a Party;
iii. carry on their activities with effect in a least two states; and
iv. have their statutory office in the territory of a Party and central management and control in the territory of that Party or of another Party.
j. “Principle of subsidiarity” means the principle whereby public responsibilities shall be exercised, in preference, by those authorities, which are closest to the citizen, in accordance with the European Charter of Local Self-Government (Article 4-3).k.
k. “Principles of shared responsibility” means the principle whereby any decision affecting sustainable development shall be an open one based on fully informed participation of all parties concerned or interested.PA
PART II – THE CHARTER’S PRINCIPLES AND AIMS
Article 3 – Compatibility with other instruments
Nothing in this Charter shall be construed as allowing derogations from any other convention in force, which has a direct bearing on the sustainable development of the Danube basin.
Article 4 – Guiding principles
The Parties to the Charter shall comply with the following principles of international law in implementing its provisions :
a. State sovereignty and a state’s unfettered right to its natural resources shall be exercised without causing damage to other states;
b. a state, which has suffered damage caused, by another state shall be entitled to reparation.
The Parties shall in addition try to apply the relevant principles of sustainable development :
c. decisions concerning regional/spatial planning and activities affecting the population and the environment shall be taken with regard to the Danube basin as a whole;
cdc. environmental protection shall be an essential component of the development process and cannot be considered apart;
e. development shall be based on caution, damage prevention at source, as far as possible, and sustainable use of resources;
f. co-operation in favour of sustainable development shall be fostered through the information and participation of all concerned, in accordance with the principles of subsidiarity and shared responsibility;
g. an effort shall be made to achieve ongoing co-operation and dialogue on a flexible institutional basis.
Article 5 – Aims
The purpose of the co-operation, which this Charter seeks to establish, shall be :
a. to manage the Danube basin as a single entity and a shared asset with a view to guaranteeing the preservation of cultural values, ecological balances and biodiversity;
b. to provide the socio-economic means of ensuring the basin’s harmonious, sustainable development;
c. to present an overall picture making it possible to co-ordinate the various instruments and programmes that apply directly or indirectly to the regions of the Danube basin;
d. to strengthen the relations betweens the States in the Danube basin and the Black Sea riparian States.
PART III – COMMITMENTS OF PARTIES
Article 6 – Co-operation
Each Party undertakes to co-operate with the other Parties to the Charter, in particular by drawing inspiration from the provisions of the Madrid Convention and the Additional Protocol hereto, in order to manage the Danube basin in accordance with Articles 4 and 5. To that end, each Party shall implement measures to foster the activities or the establishment of transfrontier co-operation bodies, either individually or together with others. Each Party shall take the legislative and administrative measures needed in this respect.
Article 7 – Sustainable development
Each Party shall, in consultation with the other Parties, take the legislative and administrative measures needed to guarantee the harmonious, sustainable development of the Danube basin. It shall in particular ensure that no existing legal provision is at variance with the Charter’s aims and shall undertake to align its environmental legislation on the European rules in force.
Article 8 – Spatial planning
In its regional/spatial planning processes each Party shall take into consideration the Danube basin as a whole, ensure that in frontier regions any national, regional or local plans are harmonised through cross-border consultation.
Article 9 – Environmental impact assessment
Before authorising or undertaking an activity likely to have a significant transboundary impact, each Party shall carry out an environmental impact assessment in accordance with relevant international agreements and inform the Parties concerned of the results. Each Party shall strive to apply the principles of impact assessment to its policies, plans and programmes.
Article 10 - Participation
Each Party undertakes to implement the legislative and administrative measures needed to enable each category of partner referred to in Article 1 of this Charter to take part in the co-operation and dialogue envisaged in Part IV of the Charter, informing them and consulting them to the full.
Article 11 - Information
Each Party shall make, in accordance with domestic law, arrangements for the public to be amply informed of progress in meeting the Charter’s aims and for public access to information on the environment and sustainable development.
Article 12 – Transfrontier co-operation
Each Party shall, by means of transfrontier co-operation, foster the free movement of people and cultural exchanges whether for the protection of local cultures and traditions, for educational activities or for the promotion of the built and cultural heritage.
Article 13 – Appeal
Each Party shall strive to take legislative and administrative measures such as to guarantee all persons and territorial communities that have suffered damage as a result of environmental effects, or qualified non-governmental organisations, a right of administrative and judicial action.
PART IV – STRUCTURES AND METHODS
Article 14 – Standing Committee
A Standing Committee shall be set up for the purposes of this Charter.
Article 15 – Membership of the Standing Committee
1. The Committee shall be made up of representatives of the Parties. Each national delegation shall, as far as possible, include representatives of the partners referred to in Article 1 of this Charter.
2. States outside the Danube basin which are members of the Council of Europe, the Parliamentary Assembly, the Congress of Local and Regional Authorities of Europe and intergovernmental organisations whose field of action encompasses the aims of this Charter may be represented with observer status.
The Committee of Ministers may invite non-member States on the shores of the Black Sea to attend the Standing Committee’s proceedings as observers.
3. After informing the Committee of Ministers, the Committee may grant observer status to associations of territorial communities, transfrontier co-operation bodies and suitable non-governmental organisations which have requested such status.
Article 16 – Functions of the Standing Committee
The Standing Committee shall in particular be responsible for :
a. facilitating ratification of this Charter and monitoring its implementation;
b. considering all problems of intergovernmental and inter-regional, bilateral or multilateral co-operation relating to the Danube basin, submitted to it by the Parties or by the Committee of Ministers of the Council of Europe;
c. considering activities already under way at international level in relation to co-operation in the Danube basin, assessing their interdependence and considering the need for supplementary activities;
d. assessing the place and functions of the Danube basin within the major pan-European projects and plans devised or proposed by European or international organisations and institutions;
e. maintaining relations with international bodies and agencies which deal with questions relating to the Danube basin;
f. discussing and liasing will all the co-operation bodies working in the various fields within their competence, including the discussion groups referred to in Article 22 hereafter, to promote, develop and protect the Danube basin;
g. defining the general framework of, and action appropriate to, concerted planning and sustainable development of the Danube basin, in the light and on the basis of the relevant proposals and recommendations put forward by the various bodies mentioned above;
h. submitting conclusions accompanied by appropriate recommendations to the Committee of Ministers of the Council of Europe (possibly meeting within the framework of a partial agreement) to the Parliamentary Assembly and to the Congress of Local and Regional Authorities of Europe, and, if appropriate, to the national or international authorities with power to take action on these;
i. facilitating the activities of the bodies already engaged in Danubian co-operation, particularly territorial communities, and endeavouring to eliminate legal or administrative obstacles which might hinder their co-operation;
j. facilitating the friendly settlement of disputes between two or more Parties concerning the implementation of this Charter.
Article 17 – Meetings of Standing Committee
1. The Secretary General of the Council of Europe shall convene the first meeting of the Parties at the latest one year after this Charter has come into force.
2. Subsequently, the Standing Committee shall met at least once a year, or more often at the request of the majority of Parties.
3. The quorum required to take a decision by the Standing Committee shall be the majority of the Parties.
Article 18 – Rules of procedure
The Standing Committee shall draw up its rules of procedure.
Article 19 – Voting rights
Each Party to this Charter shall hove one vote. Within the area of its competence, the European Community shall exercise its right to vote with a number of votes equal to the number of its member States which are Party to this Charter; the European Community shall not exercise its right to vote in cases where the member States concerned exercise theirs, and conversely.
Article 20 – Executive Secretariat
1. The Charter’s Executive Secretariat shall be provided by the Council of Europe.
2. The Executive Secretariat shall fulfil the following functions :
a. convene and prepare meetings of the Standing Committee;
b. transmit to the Parties reports and other information received pursuant to this Charter;
c. perform other functions that the Standing Committee may assign to it.
Article 21 – National co-ordination
Each Party shall prepare an annual report on the coordination of the activities undertaken at national level to implement the Charter.
Article 22 – Discussion groups
1. In order to achieve the Charter’s aims, the Parties shall take steps to establish discussion groups at national, regional or transfrontier levels. These groups shall be open to all the partners referred to in Article 1 of this Charter.
2. Discussion groups shall examine proposed plans, schemes and activities likely to improve the quality of life and environmental protection and contribute to sustainable development of the Danube basin. They shall draw up an annual report on their conclusions.
Article 23 - Financing
The implementation of this Charter shall be financed by the Council of Europe for a period of two years after its entry into force, in the third year jointly by the Council of Europe and the ¨Parties to the Charter and in the fourth and following years by the Parties.
PART V – FINAL PROVISIONS
Article 24 – Signature and ratification
This Charter shall be open for signature by States in the Danube basin and by the European Community. 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.
Article 25 - Reservations
Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, make one or more reservations to Articles 6-13 of this Charter. No other reservation may be made.
Any Contracting State, which has made a reservation under the preceding paragraph ay wholly or partly withdraw it by means of a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of such notification by the Secretary General.
Article 26 – Entry into force
The Charter shall enter into force on the first day of the first month following the expiration of a period of six moths after the date on which four states have approved it in accordance with the provisions of the preceding article.
Article 27 - Amendments
Any Party may propose amendments to this Charter.
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 to this Charter and to the European Community.
The Standing Committee shall examine any amendment proposed and shall submit the text adopted by a majority of the three-quarters of the members of the Standing Committee to the Committee of Ministers for approval. After its approval, the text shall be forwarded to the Parties for acceptance.
Any amendment shall enter into force on the thirtieth day after all the Parties have informed the Secretary General of the acceptance thereof.
Article 28 - Withdrawal
Any Party may at any time denounce this Charter by notifying the Secretary General of the Council of Europe. Such denunciation shall become effective on the first day of the first month following the expiration of a period of six months after the date of receipt of notification by the Secretary General.
Article 29 - Notification
The Secretary General of the Council of Europe shall notify the Parties of:
a. any signature;
b. the deposit of any instrument of ratification, acceptance or approval;
c. any date of entry into force of this Charter in accordance with Article 26;
d. any information communicated under the provisions of Article 16, paragraph b;
e. any report drawn up pursuant to Article 21;
f. any notification under the provisions of Article 27 and the date of which the withdrawal becomes effective.
In witness whereof, the undersigned have signed this Charter.
Done at………., this .. day of …………, 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 signatory State, to each Member State of the Council of Europe and to the European Community.
Appendix to the draft European Charter of the Danube Basin
List of Conventions, Charters, Recommendations, resolutions and other texts
A. Conventions and Charters
1. The Convention on Wetlands of International Importance, especially as Waterfowl Habitat, signed in Ramsar in 1971.
2. The Convention concerning the Protection of the World Cultural and Natural Heritage, signed in Paris in 1972.
3. The Convention on Long-Range Transboundary Air Pollution, signed in Geneva in 1979, and related Protocols.
4. The Convention on the Conservation of European Wildlife and Natural Habitats, signed in Bern in 1979.
5. The Convention for the Protection of the Architectural Heritage of Europe, signed in Strasbourg in 1985.
6. The European Charter of Local Self-Government, signed in Strasbourg in 1985.
7. The European Convention on the Recognition of the Legal Personality of International Non-Governmental Organisations, signed in Strasbourg in1986.
8. The Convention on the Control of Transboundary Movements of Dangerous Wastes and their Disposal, signed in Basel in 1989.
9. The Convention on Civil Liability for Damage caused during Carriage of Dangerous Goods by Road, Rail and Inland Navigation Vessels (CTD), signed in Geneva in 1989.
10. The Convention on Environmental Impact Assessment in Transboundary Cobtext, signed in Espoo in 1991.
11. The Convention of the Transboundary Effects of Industrial Accidents, signed in Helsinki in 1991.
12. The Convention on the Protection and Use of Transboundary Watercourses and International Lakes, signed in Helsinki in 1992.
13. The Convention on Biological Diversity, signed in Rio in 1992.
14. The European Charter for Regional or Minority Languages, signed in Strasbourg in 1992.
15. The Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment, signed in Lugano in 1993.
16. The Framework Convention for the Protection of National Minorities, signed in Strasbourg in 1995.
B. Recommendations, Resolutions and other texts
1. The European Regional/Spatial Planning Charter of 1983/84.
2. The Bucharest Declaration of 1985 on the Management of Danube River Water.
3. The Code of Conduct on Accidental Pollution of Transboundary Inland Waters (UNECE/1225) of 1990.
4. “Gemeinsame Erklärung der Arbeitsgemeinschaft Donauländer” of 1990 (Joint Declaration of the Working Community of Danubian Regions).5.
5. The Pan-European Biological and Landscape Diversity Strategy of 1995.
6. “Leitbild für eine nachhaltige Entwicklung im Donauraum” of 1996 (Guideline for a Sustainable Development of the Danube basin).