Recommendation 1296 (1996)
European Charter for Rural Areas
Appendix 1 Draft European charter for rural areas
(open)Preamble
The member states of the Council of Europe, signatories to this charter,
the European Social Charter (Strasbourg, 1961; European Treaty Series, No. 35), its Additional Protocol (Strasbourg, 1988; European Treaty Series, No. 128) and the Protocol amending the Charter (Turin, 1991; European Treaty Series, No. 142);
the European Convention on the Social Protection of Farmers (Strasbourg, 1974; European Treaty Series, No. 83);
the European Convention for the Protection of Animals kept for Farming Purposes (Strasbourg, 1976; European Treaty Series, No. 87);
the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 1979; European Treaty Series, No. 104);
the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 1980; European Treaty Series, No. 106);
the Convention for the Protection of the Architectural Heritage of Europe (Grenada, 1985; European Treaty Series, No. 121);
the European Charter of Local Self-Government (Strasbourg, 1985; European Treaty Series, No. 122);
the European Convention on the Protection of the Archaeological Heritage (Revised) (Valetta, 1992; European Treaty Series, No. 143);
the European Charter for Regional or Minority Languages (Strasbourg, 1992; European Treaty Series, No. 148); as well as:
the United Nations Convention on Biological Diversity (Rio de Janeiro, 5 June 1992); Have agreed as follows:
Part I
Purpose of the charter - Definition and characteristics of a rural area
Article 1 - Purpose
Each party shall take legislative and administrative measures to ensure that policies for their rural areas are developed in accordance with the principles defined hereafter.
Article 2 - Definition and characteristics of a rural area
For the purposes of this charter, the term "rural area" denotes a stretch of inland or coastal countryside, including small towns and villages, where the main part of the area is used for:
a. agriculture, forestry, aquaculture and fisheries;
b. economic and cultural activities of country-dwellers (crafts, industry, services, etc.);
c. non-urban recreation and leisure areas (or natural reserves);
d. other purposes, such as for housing.
The agricultural (including forestry, aquaculture and fisheries) and non-agricultural parts of a rural area form a whole distinguishable from an urban area, which is characterised by a high concentration of inhabitants and of vertical or horizontal structures.
Part II
Functions of rural areas
Article 3 - Foundations of legal protection
Each party shall draw up and implement a general spatial planning programme which takes account of applicable existing international instruments and which defines the economic, ecological and socio-cultural functions of each rural area to which this charter applies.
Each party shall inform the Standing Committee on European Rural Areas (SCERA) (see Part VI) on the status assigned to its rural areas as well as on the areas which have been excluded from the implementation of this charter in order to allow a follow-up of the application of the charter in the member states.
Article 4 - Economic function
Each party shall ensure that rural areas can fulfil their economic function, in particular:
a. by guaranteeing a system of agricultural production enabling all of the following:1.1. the food needs of the whole population to be met;1.2. farmers and their families to be assured of an appropriate level of income comparable with that of other professions bearing a similar degree of responsibility, thus maintaining a basic source of income for the rural population;1.3. the environment to be protected, providing for the regeneration of production resources such as soil or water-tables for future generations, in the spirit of sustainable development;
b. by producing renewable raw materials for use in industry and the production of energy,
c. by accommodating small and medium-sized firms of an agricultural, industrial, craft and commercial nature as well as suppliers of services;
d. by providing a base for recreation and tourism;
e. by preserving genetic resources as the basis of agriculture and biotechnology.
Article 5 - Ecological function
Each party shall ensure that each rural area fulfils its ecological function and in particular:
a. safeguards the natural sources of life - earth, water and air - through judicious and sustainable use;
b. protects available and environmentally functional biotopes and "green spaces";
c. maintains and preserves landscapes;
d. preserves and protects biodiversity, particularly genetic diversity, the diversity of species and the diversity of landscapes;
e. protects wild animals by means of the necessary legal instruments, and under appropriate ecological conditions.
Article 6 - Socio-cultural function
Each party shall ensure that each rural area fulfils and fosters the preservation and development of its socio-cultural roles, including through local associations and the development of relations between urban inhabitants and country-dwellers, making full use of modern information technology under equal user and consumer conditions for rural and urban areas.
Part III
Rural development policies
Article 7 - Specific needs of rural areas
Each party, in the definition and implementation of its policy regarding development of economy and technology, regional planning, protection of biodiversity, agriculture, aquaculture, fisheries and forestry, horticulture, social infrastructure, tourism, education and international relations, shall take into consideration the specific needs of the rural areas concerned, respecting the principles of subsidiarity and solidarity.
Article 8 - Guidelines and measures for a policy for rural areas
In the review of its sectoral policies in accordance with Article 7, each party shall take into account the guidelines and measures of a policy for rural areas which appear in the appendix to this charter.
Part IV
Means and instruments
Article 9 - Legal and administrative instruments
For the purpose of implementing the policy for rural areas set out in this charter, each contracting party shall create appropriate legal and administrative instruments, some of which are covered by national legislation concerning spatial planning, others by treaties instituting international or transfrontier co-operation, and yet others by the jurisdiction of regional or local authorities or institutions.
The parties undertake, in particular, to introduce public and private law protection standards for sensitive areas, particularly rural areas containing coastlines or mountain ranges.
In addition, the parties shall draft legislation providing for instruments to protect rural areas from intensive or uncontrolled urban development; such instruments can range from master plans or schemes, governed by town and country planning laws, to contracts between countries or programmes involving municipalities, associations, or citizens' groups, on the one hand, and state, federal or regional authorities, on the other.
Each party shall take the necessary legislative, administrative and financial measures to repair those parts of the rural territory which have been damaged by former economic activities, restore their natural elements, or recultivate them, taking into account economic aspects.
The parties undertake to define and implement an agricultural, aquaculture, forestry, fisheries, etc. policy aimed at maintaining economic activity in rural areas and guaranteeing the functions defined in Articles 3 to 6 of this charter.
For frontier regions, the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (European Treaty Series, No. 106), known as the Madrid Convention, will serve as a reference in the matter.
Article 10 - Financial instruments
The parties shall endeavour to implement a policy of state and regional financial aid for rural areas using the principle of subsidiarity and the measures set out in the guidelines in the appendix to this charter.
The parties shall co-operate on all the foregoing points with the various institutions, organisations and associations that deal with the development of rural areas.
Part V
Subsidiarity
Article 11 - Local and regional authorities
The parties shall develop the role and powers of local and regional authorities in order to strengthen the endogenous development of rural regions, in particular by implementing the principles and guidelines mentioned in this charter and its appendix, pursuant to the principle of subsidiarity.
PART VI
Standing Committee on European Rural Areas (SCERA)
Article 12 - Composition and functioning
A Standing Committee on European Rural Areas (SCERA) shall be set up within a year of the entry into force of this charter.
Each party shall be represented on the SCERA. The Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe (CLRAE) may be represented on the committee in an observer capacity
Any member state of the Council of Europe that is not a party to the charter may be represented on the SCERA by an observer.
The Committee of Ministers of the Council of Europe may invite any state that is not a member of the Council of Europe to be represented by an observer at the meetings of the SCERA.
Any organisation, non-governmental organisation or institution with the relevant qualifications may apply to the Committee of Ministers for observer status with the SCERA.
The SCERA shall be convened by the Secretary General of the Council of Europe. It shall hold its first meeting within one year from the entry into force of the charter. It shall subsequently meet at least every other year and, in addition, whenever the majority of the contracting parties so request.
A majority of contracting parties constitutes the quorum required for a meeting of the SCERA to be held.
The SCERA shall draw up its own rules of procedure subject to the provisions of this charter.
Article 13 - Powers
The Standing Committee on European Rural Areas shall be responsible for facilitating and improving the implementation of this charter. It may in particular:
a. keep the provisions of this charter and the appended guidelines under review;
b. make recommendations to the parties on measures to be taken for the implementation of the charter;
c. recommend appropriate measures for keeping the public informed of activities carried out within the framework of the charter;
d. make recommendations to the Committee of Ministers;
e. make any proposal aimed at improving the effectiveness of the charter.
The SCERA may, on its own initiative, convene groups of experts for the performance of its tasks.
Article 14 - Report on the application of the charter
After each of its meetings, the Standing Committee on European Rural Areas shall transmit a report on its proceedings and on the implementation of the charter to the Committee of Ministers of the Council of Europe.
Article 15 - Publication of proceedings
The Standing Committee on European Rural Areas shall periodically - at least every five years - transmit a detailed report on the application of this charter to the Parliamentary Assembly and the Congress of Local and Regional Authorities of Europe.
Part VII
Final provisions
Article 16 - Signature and ratification
This charter 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.
Article 17 - Entry into force
This charter shall enter into force on the first day of the month following the expiration 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 charter in accordance with the provisions of Article 16.
In respect of any member state which subsequently expresses its consent to be bound by it, the charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.
Article 18 - Accession of non-member states
After the entry into force of this charter, the Committee of Ministers of the Council of Europe may invite any non-member state of the Council of Europe and of the European Union to accede to the charter.
In respect of any acceding state, the charter shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.
Article 19 - Territorial clause
Any state may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, specify the territory or territories to which this charter shall apply.
Any party may, when depositing its instrument of ratification, acceptance, or accession or at any subsequent time, extend the application of this charter, by a declaration addressed to the Secretary General of the Council of Europe, to any other territory specified in the declaration for whose international relations it is responsible and on whose behalf it is authorised to give undertakings.
Article 20 - Denunciation
Any party may at any time denounce this charter by means of a notification addressed to the Secretary General of the Council of Europe.
Such denunciation shall become effective on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
Article 21 - Notifications
The Secretary General of the Council of Europe shall notify the member states of the Council of Europe and any state which has acceded to this charter 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 charter in accordance with Articles 16 and 17;
d. any report drawn up pursuant to Articles 14 and 15;
e. any other act, notification, declaration or communication relating to this charter.
In witness whereof the undersigned, being duly authorised thereto, have signed this Charter.
Done at Strasbourg, 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 member state of the Council of Europe and to each state invited to accede to this charter.
Appendix 2 Appendix - Guidelines and measures for a policy for rural areas intended as guidance for the parties to this charter in the sense of Article 8 of the charter
(open)Guideline 1 - Principles
a good infrastructure;
viable farming, forestry, aquaculture and fisheries sectors;
convenient accessibility for non-agricultural economic activities;
a healthy environment and a well-tended landscape.
a. people and their problems should henceforth take centre stage in terms of plans and decisions;
b. the positive aspects of rural society and in particular of traditional family life should be preserved in order to favour the development of young people and their integration into the community;
c. community identity should be reinforced, as should a sense of self-reliance, co-operation and creativity;
d. the cultural and historical characteristics of the countryside should be preserved and allowed to flourish;diversification, as well as relations between the rural population and the rest of the population, should be encouraged.
Guideline 2 - Spatial planning in rural areas
Guideline 3 - Infrastructures, transport and facilities
Parties should provide rural areas with up-to-date supply and infrastructure networks that meet their needs. As these are prerequisites for enabling rural areas to continue to perform their socio-economic functions, parties should consider that effects of scale should not be the sole criterion for the provision or maintenance of such facilities. This principle applies equally to the telecommunication sector, the road system, public transport, financial services in accordance with the specific needs of agricultural economy (in the broadest sense), and all kinds of facilities in the educational or service sectors. Parties should integrate rural regions into a modern transport and communication network compatible with the character and the environmental quality of the rural areas concerned and not solely governed by short-term economic considerations.
Guideline 4 - Education, training, research and awareness-raising
Guideline 5 - Employment and incomes
If rural communities are to stay alive, rural people need satisfactory levels of income. This requires a variety of attractive employment opportunities, and not just in agriculture, forestry, aquaculture or fisheries. These should, however, be tailored to the specific features of regions and localities. They include:
a. giving priority to those activities and initiatives that are geared towards endogenous development and above all are managed and financed by the rural community itself;
b. fostering the diversification and adaptation of production structures, especially in regions dominated by a particular economic branch or sector where the risk of recession is high;
c. fostering multiple activity and the harmonious integration of different countryside activities;
d. fostering the production of goods and services when it enhances the rural communities' special non-manual and manual skills and making full use of any under-used resources (timber, water, stone, land or the production of renewable sources of energy);
e. creating high added value of small and medium-sized businesses by means of technology transfers, tax relief, advice, financial aid, etc.
Guideline 6 - Agriculture and agricultural policy
a. guaranteeing food security (a priority which will gain in importance in the longer term in view of the population explosion and the destruction of the environment and resources throughout the world);
b. the production of renewable raw materials;
c. preserving and tending the landscape, also as a recreation area and the basic capital for tourism, while bearing in mind that the rural landscape has also been an agricultural landscape for centuries;
d. preserving rural values, lifestyles, cultural assets and similar social functions for the community;
e. keeping the elements vital to our survival healthy (soil, water, air, etc.) and seeing to it that they are used for sustainable agriculture with corresponding forms of production and animal husbandry (concern for the long-term balance of our ecosystem);
f. helping to ensure that rural areas remain viable and that there is healthy, economic, social and cultural life in the countryside.
a. efficient production and marketing, including exportation and high level of value added, thus retaining economic benefits in rural areas;
b. non-farm activities (tourism, etc.);
c. direct income payments for general services to society, which have to be higher in less favoured (mountain) areas and which should be supplemented by a premium for special ecological efforts (bio-farming, etc.).
food security;
income levels and social protection for farming families;
environmental standards.
a. investment aid for the improvement of agricultural infrastructure;
b. start-up assistance and targeted incentive strategies;
c. production policy geared to demand and local conditions;
d. increased public efforts within the spheres of advising and education of individual farmers;
e. the promotion of appropriate forms of animal husbandry that are non-intensive and environment-friendly;
f. greater rationalisation of production, marketing and sales; encouragement of the development of product sectors by means of incentives for the creation of producers' and interprofessional groups;
g. introduction of legal instruments to ensure the quality of products and promote their marketing, such as the institution of standards and quality labels for regional products, as well as legislation to protect trade names and marks and, in general, all signs serving to identify the provenance of a product;
h. public-health monitoring of foodstuffs for the protection of consumers, but never for the unfair protection of certain categories of producers;
i. promotion of ecologically enhanced methods of production and of biodiversity by means of, for example, direct premiums (ecological contribution);
j. the encouragement of non-intensive farming and alternative land uses (for recreation, production of renewable raw materials, etc.);
k. support for individual efforts and co-operation among farmers;
l. programmes and measures for disadvantaged regions;
m. promotion of sustainable hunting (of considerable importance for many rural regions);
n. the encouragement of auxiliary or supplementary activities;
o. a system of effective social protection on a par with other sectors of the economy;
Guideline 7 - Forestry
Guideline 8 - Tourism
Guideline 9 - Small and medium-sized businesses, commerce, industry and crafts
Parties should take measures for the purpose of:
a. promoting small and medium-sized businesses of an industrial, commercial or craft nature: on the one hand, by improving the framework conditions through the simplification of administrative and fiscal procedures and through tax concessions for investment; and, on the other hand, by improving infrastructures and by granting reduced-interest loans to businesses and entrepreneurs. Finally, it could be useful and efficient to reduce taxes to encourage small traders to remain in business in rural communities;
b. providing appropriate facilities for the integration and counselling of businesses;
c. promoting the establishment of advanced, high-technology companies with high added value, as well as service companies using automatic data transmission and processing systems;
d. fostering the improvement of the production, processing and marketing of regional products as well as assisting schemes in favour of high-quality craft activities.
Guideline 10 - Housing and health
In conformity with Article 11 of the charter, parties should take steps to:
a. make accommodation available to permanent residents and regulate the construction of second homes;
b. promote the rehabilitation and renovation of dwellings and the restoration of abandoned buildings with due respect for traditional designs and local materials, in particular by granting financial aid; and, at the same time, ensure that providers of public amenities maintain and improve such amenities (water supply, public drainage, street lighting, sewage works, etc.);
c. ensure the quality of housing and a style of architecture appropriate to the landscape, thus further developing the European cultural landscape;
d. ensure the provision of necessary health services in rural areas, of a standard equal to those existing in urban areas. Health services can be provided through a permanent link with a doctor and a hospital and regular medical treatment provided through mobile facilities (travelling doctors).
Guideline 11 - Culture
Parties should maintain and protect the richness and diversity of the cultural and archaeological heritage of rural areas and regions as well as promote a cultural momentum there by taking the following measures:
Guideline 12 - Environment, nature and landscapes
a. to seek to achieve the rational and sustainable management of natural resources and to maintain living environments and biodiversity;
b. to conserve all landscapes of outstanding interest and, where possible, restore semi-natural and manmade landscapes;
c. to conserve the beauty and special features of the countryside by restoring villages and rustic buildings and if possible repairing the damage to nature and the landscape;
d. to record areas where long-standing species or breeds of livestock, traditional rural landscapes, or traditional farming techniques exist;
e. to preserve and manage forests - starting with protected forests;
f. to ensure that urban areas do not allow their environmental problems (waste) to spill over into the countryside and that rural and urban communities alike take responsibility for their own waste and noxious substances;
g. to ensure that the applicable provisions in international legal instruments on the protection of the environment, nature and landscapes, are strictly respected;
h. to take due account of the Pan-European Biological and Landscape Diversity Strategy.
a. for the protection and management of land, water and air and for the conservation of flora and fauna and their habitats;
b. for the demarcation of areas where building, infrastructures, traffic and other activities detrimental to the environment are limited, avoided or even prohibited by fully applying Article 11 of the charter;
c. for the determination of the ecological function of each rural area in the framework of a spatial planning programme, ensuring that any function assigned to a rural area is compatible with its ecological function;
d. for the establishment of international co-operation of a scientific, technical and political nature to safeguard and manage the rural environment in Europe.
a. to develop their networks of biogenetic reserves and to protect threatened biotopes in rural regions as well as intensify co-operation with existing networks;
b. to introduce or strengthen procedures for carrying out environmental impact studies in connection with infrastructural, industrial or tourist projects liable to cause serious damage to the environmental resources of rural areas;
c. to establish international co-operation for the purpose of integrated management of water resources, paying particular attention to the possible depletion of watercourses, lakes and ponds as well as to water consumption problems in agriculture, industry and other sectors.
Guideline 13 - Scientific and technical co-operation
Parties should share their scientific experience and research findings, in particular by establishing or reinforcing a system of internationally compatible and comparable information and statistics and by encouraging co-operation between universities and research centres interested in the specific problems of a rural society.
Guideline 14 - Decision-making processes, subsidiarity
Guideline 15 - Central and eastern Europe
The countries of central and eastern Europe (in transition) deserve special attention and increased support. Special policy strategies and measures are needed to solve specific problems and these should, as far as possible, be devised and determined by the countries themselves. Their efforts towards longer-term European integration should be supported through appropriate measures and treaties. European solidarity, partnership and co-operation are called for. Increased practical help is also needed, however, particularly in extending and building up the infrastructure. In terms of agricultural policy too, special strategies and measures are needed to solve specific problems in the countries of central and eastern Europe, which should be assured adequate access to western European markets (European preference).
