Ministers' Deputies
    Decisions

    CM/Del/Dec(2003)840 2 June 2003
    ———————————————

    840th meeting, 28 May 2003

    Decisions adopted

    ———————————————

    CONTENTS

    Page

    List of those present 7

    1. General questions

    1.1 Adoption of the Agenda 9

    1.2 Preparation of forthcoming meetings 9

    1.3 Communication from the Secretary General 10

    1.4 Report of the Bureau 10

    1.5 Committee of Ministers – Follow-up to the 112th Session (Strasbourg, 14-15 May 2003) 10

    2. Political questions

    2.1 Current political questions

    a. Activities for the development and consolidation of democratic stability 11
    . Moldova
    . Belarus
    . Georgia
    . Regional Co-operation in the South Caucasus

    b. Activities for the development and consolidation of democratic stability 11
    . Bosnia and Herzegovina
    . Ukraine
    . Parliamentary Assembly Recommendation 1588 (2003): Population displacement in South-Eastern Europe: trends, problems, solutions

    c. Other questions -*
    . Statement by the Representative of Armenia
    . Statement by the Representative of Moldova

    2.2 Situation in Cyprus -*

    2.3 Evaluation of the prospects of a political solution to the conflict in the Chechen Republic – Parliamentary Assembly Recommendation 1593 (2003) 11

    2.4 Priorities for 2004 – Budgetary implications 12

    4. Human Rights

    4.1 The contribution of the Council of Europe towards the restoration of the rule of law, respect for human rights and democracy in Chechnya -*

    4.2 Domestic violence against women –
    Parliamentary Assembly Recommendation 1582 (2002) 12

    Page

    4.3 5th European Ministerial Conference on Equality between Women and Men
    (Skopje, 22-23 January 2003) – Report by the Secretary General 12

    4.4 The human rights situation in the Chechen Republic –
    Parliamentary Assembly Recommendation 1600 (2003) 13

    5. Media

    5.1 Steering Committee on the Mass Media (CDMM)

    a. Abridged report of the 58th meeting (Strasbourg, 26-29 November 2002) 13

    b. Draft Recommendation Rec(2003)9 of the Committee of Ministers to member states on
    measures to promote the democratic and social contribution of digital broadcasting 13

    c. Draft Declaration on freedom of communication on the Internet 14

    6. Social cohesion

    6.1 Social measures for children of war in south-eastern Europe –
    Parliamentary Assembly Recommendation 1561 (2002) (cf. item 1.1)

    6.2 The legal situation of Roma in Europe –
    Parliamentary Assembly Recommendation 1557 (2002) 14

    9. Sustainable development

    9.1 Committee for the activities of the Council of Europe in the field of biological and landscape
    diversity (CO-DBP) - Abridged report of the 7th meeting (Geneva, 29 January 2003) 14

    11. Administration and Logistics

    11.1 Group Pompidou – Reallocation of the unspent balance of the special account entitled
    “Demand reduction staff training programme” (cf. item 1.1)

    APPENDICES

    APPENDIX 1 840th Meeting of the Ministers' Deputies
    (item 1.1) (Strasbourg, 28 (10am) May 2003)
    Agenda 15

    APPENDIX 2 842nd Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 5 (10am) June 2003)
    Draft Agenda 18

    APPENDIX 3 843rd Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 11 (10am) June 2003)
    Draft Agenda 21

    Page

    APPENDIX 4 844th Meeting of the Ministers' Deputies
    (item 1.2) (Strasbourg, 19 (10am) June 2003)
    Draft Agenda 23

    APPENDIX 5 Reply to Parliamentary Assembly Recommendation 1593 (2003)
    (item 2.3) on the evaluation of the prospects of a political solution to
    the conflict in the Chechen Republic 27

    APPENDIX 6 Reply to Parliamentary Assembly Recommendation 1582 (2002)
    (item 4.2) on Domestic violence against women 29

    APPENDIX 7 Reply to Parliamentary Assembly Recommendation 1600 (2002)
    (item 4.4) on the human rights situation in the Chechen Republic 31

    APPENDIX 8 Recommendation Rec(2003)9
    (item 5.1b) of the Committee of Ministers to member states
    on measures to promote the democratic and social contribution of digital broadcasting 33

    APPENDIX 9 Declaration on freedom of communication on the Internet 38
    (item 5.1c)

    APPENDIX 10 Resolution ResDip(2003)1
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Bieszczady National Park (Poland) 41

    APPENDIX 11 Resolution ResDip(2003)2
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Poloniny National Park (Slovakia) 42

    APPENDIX 12 Resolution ResDip(2003)3
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Weltenburger Enge Nature Reserve (Germany) 44

    APPENDIX 13 Resolution ResDip(2003)4
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Wollmatinger Ried Untersee-Gnadensee Nature Reserve
    (Germany) 46

    APPENDIX 14 Resolution ResDip(2003)5
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Beinn Eighe National Nature Reserve (United Kingdom) 48

    APPENDIX 15 Resolution ResDip(2003)6
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Dobročský National Nature Reserve (Slovakia) 49

    APPENDIX 16 Resolution ResDip(2003)7
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Store Mosse National Park (Sweden) 50

    APPENDIX 17 Resolution ResDip(2003)8
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Bullerö and Långviksskär Nature Reserves (Sweden) 51

    APPENDIX 18 Resolution ResDip(2003)9
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Ordesa and Monte Perdido National Park (Spain) 52

    APPENDIX 19 Resolution ResDip(2003)10
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Germano-Luxembourg Nature Park
    (Germany/Luxembourg) 53

    APPENDIX 20 Resolution ResDip(2003)11
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Mercantour National Park (France) 54

    APPENDIX 21 Resolution ResDip(2003)12
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Maritime Alps Nature Park (Italy) 55

    APPENDIX 22 Resolution ResDip(2003)13
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Montecristo Island Nature Reserve (Italy) 56

    APPENDIX 23 Resolution ResDip(2003)14
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Tsentralno-Chernozemny Biosphere Reserve
    (Russian Federation) 58

    APPENDIX 24 Resolution ResDip(2003)15
    (item 9.1) on the renewal of the European Diploma of Protected Areas
    awarded to the Kostomuksha Strict Nature Reserve
    (Russian Federation) 59

    APPENDIX 25 Resolution ResDip(2003)16
    (item 9.1) on the award of the European Diploma of Protected Areas
    to the Thayatal National Park (Austria) 60

    APPENDIX 26 Resolution ResDip(2003)17
    (item 9.1) on the award of the European Diploma of Protected Areas
    to the Matsalu Nature Reserve (Estonia) 62

    APPENDIX 27 Resolution ResDip(2003)18
    (item 9.1) on the award of the European Diploma of Protected Areas
    o the volcanic phenomena of the Tihany Peninsula (Hungary) 64

    APPENDIX 28 Revised European Charter for the Protection and
    (item 9.1) Sustainable Management of Soil 66

    The 840th meeting of the Ministers' Deputies opened on 28 May 2003 at 10.00 a.m. under the chairmanship of Mr A. Tulbure, Deputy for the Minister for Foreign Affairs of Moldova.

    PRESENT

    ALBANIA
    Ms I. Varfi

    ANDORRA
    Ms I. Tor Faus
    Ms G. Cano

    ARMENIA
    Mr C. Ter Stepanian
    Ms S. Abgaryan
    Ms N. Nikolian

    AUSTRIA
    Mr A. Saupe
    Mr G. Locher

    AZERBAIJAN
    Mr A. Mehdiyev
    Mr E. Sultanov
    Mr F. Ismayilov
    Mr F. Guliyev

    BELGIUM
    Mr C. Ghislain

    BOSNIA AND HERZEGOVINA
    Mr I. Gaon

    BULGARIA
    Mr Y. Sterk
    Mr P. Baev
    Mr O. Champoev
    Ms S. Alexova-Borissova

    CROATIA
    Ms D. Plejić-Marković
    Ms J. Dervis

    CYPRUS
    Mr P. Kombos

    CZECH REPUBLIC
    Ms V. Štěpovă
    Mr M. Bouček
    Ms V. Stromsikova

    DENMARK
    Mr N.-J. Nehring

    ESTONIA
    Mr A. Frosch

    FINLAND
    Ms A.M. Nyroos
    Mr P. Voutilainen
    Ms E. Parppei
    Ms T. Zapasnik
    Ms A.E. Viljanen

    FRANCE
    Mr G. Chouraqui
    Mr J.F. Charpentier
    Mr P. Merlin
    Mr M. Adam

    GEORGIA
    Mr Z. Katchkatchishvili

    GERMANY
    Mr R. Wegener
    Ms C. Gläser

    GREECE
    Mr A. Theodoracopoulos
    Mr C. Manessis
    Ms O. Kliamaki

    HUNGARY
    Mr Z. Taubner
    Ms J. József
    Ms Z. Binczki

    ICELAND
    -

    IRELAND
    Ms O. McBreen

    ITALY
    Mr P. Ago
    Mr R. Cianfarani
    Mr N. Tassoni Estense di Castelvecchio

    LATVIA
    Mr G. Andrejevs
    Mr J. Mazeiks

    LIECHTENSTEIN
    -

    LITHUANIA
    Mr R. Bernotas
    Mr D. Arbačiauskas
    Ms D. Mickeviciene

    LUXEMBOURG
    Ms B. Kirsch
    Ms A. Kayser

    MALTA
    Mr J. Licari
    Ms E. Cutajar

    MOLDOVA
    Mr A. Tulbure, Chairman
    Ms E. Radvan
    Mr S. Mihov
    Mr M. Garaz
    Mr I. Pohila

    NETHERLANDS
    Mr J. C. Landman, Vice-Chairman
    Mr C. Meeuwis
    Mr G. C. de Boer

    NORWAY
    Ms L. Kristensen
    Mr H. Andreassen

    POLAND
    Mr K. Kocel
    Mr J. Wieczorek

    Ms I. Marczyk-Stepniewska

    PORTUGAL
    Mr P. Castilho
    Mr P.M. Santos Pessoa e Costa
    Mr A. Figueira

    ROMANIA
    Mr G. Magheru
    Mr D. Tanase
    Ms C. Jelescu
    Mr R. Rotundu
    Mr A. Pacuretu
    Ms M. Manailescu

    RUSSIAN FEDERATION
    Mr A. K. Orlov
    Mr V. Pospelov
    Mr M. Nefedov

    SAN MARINO
    Mr D. Beleffi

    SERBIA AND MONTENEGRO
    Mr T. Stankovic

    SLOVAK REPUBLIC
    Ms A. Lamperova
    Mr M. Estok

    SLOVENIA
    Ms D. Lavtižar Bebler
    Mr A. Biber
    Ms M. Mrak Thorne

    SPAIN
    Mr E. Pérez de Agreda

    SWEDEN
    Mr M. Ǻberg
    Ms A. Matejovsky
    Mr U. Sör

    SWITZERLAND
    Mr A.D. Henchoz
    Mr S. Winkler

    "THE FORMER
    YUGOSLAV REPUBLIC
    OF MACEDONIA"
    Mr Z. Jankuloski
    Ms S. Zografska- Krsteska

    TURKEY
    Mr N. Hazar
    Mr Y. Belet
    Ms K. Kiliç
    Ms N. Bayraktar
    Mr C. Öztas
    Mr E. Ozan

    UKRAINE
    Mr O. Aleksandrovych
    Ms N. Shakuro

    UNITED KINGDOM
    Mr S. Howarth
    Ms P. Mitchison
    Mr T. Robins

    *

    * *

    EUROPEAN COMMISSION
    -

    *

    * *

    Item 1.1

    Adoption of the Agenda

    Decisions

    The Deputies

    1. took note that the following sub-items would be added to the agenda of their 840th meeting under item 2.1c - Other questions:

    . Statement by the Representative of Armenia
    . Statement by the Representative of Moldova

    2. agreed to postpone the following items on the draft agenda of their 840th meeting:

   

    6.1 Social measures for children of war in south-eastern Europe – Parliamentary Assembly Recommendation 1561 (2002)

to their 844th meeting (19 June 2003)

    and

   

    11.1 Group Pompidou – Reallocation of the unspent balance of the special account entitled “Demand reduction staff training programme”

    to one of their forthcoming meetings;

    3. taking into account decisions 1 and 2 above, adopted the agenda of their 840th meeting as it appears at Appendix 1 to the present volume of Decisions.

    Item 1.2

    Preparation of forthcoming meetings

    Decisions

    1. approved the draft agenda for their 842nd meeting (5 (10am) June 2003), as it appears at Appendix 2 to the present volume of Decisions;

    2. approved the draft agenda for their 843rd meeting (11 (10am) June 2003), as it appears at Appendix 3 to the present volume of Decisions;

    3. approved the draft agenda for their 844th meeting (19 (10am) June 2003), as it appears at Appendix 4 to the present volume of Decisions;

    Item 1.3

    Communication from the Secretary General -
    Staff matters

    (SG/Com(2003)840)

    Decisions

    The Deputies

    1. took note of the Secretary General's intention to appoint Mr Ulrich BOHNER to the post of Chief Executive of the Congress of Local and Regional Authorities (grade A7) with effect from 1 September 2003;

    2. took note of the communication by the Secretary General, as it appears in document SG/Com(2003)840.

    Item 1.4

    Report of the Bureau
    (CM/Bur/Del(2003)10 and 11)

    Decision

    The Deputies took note of the reports of the meetings of the Bureau of 13 and 27 May 2003 (CM/Bur/Del(2003)10 and 11) and approved the recommendations contained therein.

    Item 1.5

    Committee of Ministers – Follow-up to the 112th Session (Strasbourg, 14-15 May 2003)
    (CM(2003)PV1 prov. and Addendum, CM/Inf(2003)19)

    Decisions

    On the basis of the 112th Session Communiqué, the discussions held and the decisions taken by the Ministers on that occasion and also taking account of the Conclusions of the Chair, the Deputies:

    1. agreed to resume consideration of the modalities of preparation of the Third Summit on the basis of proposals by the Chair;

    2. recalling their decision of 30 April 2003 to set up an interdisciplinary Committee to elaborate a draft convention on trafficking in human beings, instructed their Rapporteur on Equality between Women and Men (RAP-EG) to continue his work on this subject and to report back;

    3. agreed to resume consideration of the other aspects of the follow-up to be given to the 112th Session at their next meeting (5 June 2003), in the light of discussions to be held at an informal meeting on 2 June 2003;

    4. took note of the programme for Moldova's Chairmanship of the Committee of Ministers, as set out in document CM/Inf(2003)19.

    Item 2.1a

    Current political questions

    a. Activities for the development and consolidation of democratic stability
    . Moldova
    . Belarus
    . Georgia

    a. Follow-up to the report prepared subsequent to a Secretariat (DSP) delegation visit to Tbilisi on
    8-11 December 2002
    b. Preparations for the forthcoming parliamentary elections

    . Regional Co-operation in the South Caucasus
    (GR-EDS(2003)CB9)

    Decision

    The Deputies took note of the Synopsis of the GR-EDS meeting held on 6 May 2003 (document GR-EDS(2003)CB9).

    Item 2.1b

    Current political questions

    b. Activities for the development and consolidation of democratic stability
    . Bosnia and Herzegovina
    . Ukraine
    . Parliamentary Assembly Recommendation 1588 (2003): Population displacement in South-eastern Europe: trends, problems, solutions - Elements for reply
    (GR-EDS(2003)CB10)

    Decision

    The Deputies took note of the Synopsis of the GR-EDS meeting held on 23 May 2003 (document GR-EDS(2003)CB10).

    Item 2.3

    Evaluation of the prospects of a political solution to the conflict in the Chechen Republic -
    Parliamentary Assembly Recommendation 1593 (2003)
    (Parliamentary Assembly Recommendation 1593 (2003), CM/AS(2003)Rec1593 final)

    Decision

    The Deputies adopted the reply to Parliamentary Assembly Recommendation 1593 (2003) on evaluation of the prospects of a political solution to the conflict in the Chechen Republic, as it appears at Appendix 5 to the present volume of Decisions1.

    Item 2.4

Priorities for 2004 – Budgetary Implications

    (CM/Del/Dec(2003)833/2.3 and 835/2.3, CM(2003)38, GR-AB(2003)CB3)

    Decisions

    The Deputies

    1. took note of the synopsis of the GR-AB meeting held on 12 May 2003 (GR-AB(2003)CB3) and invited the Secretary General to issue the document mentioned in paragraph 1.3 of the Synopsis in response to written questions submitted to him by the end of May 2003;

    2. invited the Secretary General to prepare the draft budget for 2004 on the basis of document CM(2003)38, bearing in mind the decisions taken by the Deputies on the follow-up to the 112th Session;

    3. invited the Secretary General to prepare alternative proposals for the financing of the updating of the cabling infrastructure and fire safety improvements;

    4. invited the Secretary General to propose further savings in operating costs and overheads, it being understood that any such savings would reduce the total of member states' contributions;

    5. agreed to resume consideration of the Priorities and of the draft budget for 2004 in the light of the above.

    Item 4.2

    Domestic violence against women -
    Parliamentary Assembly Recommendation 1582 (2002)

    (PA REC_1582 (2002) and CM/AS(2003)Rec1582final)

    Decision

    The Deputies adopted the reply to Parliamentary Assembly Recommendation 1582 (2002) on domestic violence against women, as it appears at Appendix 6 to the present volume of Decisions2.

    Item 4.3

    5th European Ministerial Conference on Equality between Women and Men
    (Skopje, 22-23 January 2003) - Report by the Secretary General

    (CM(2003)58)

    Decisions

    The Deputies

    1. took note of the Declaration on “Gender Equality: a core issue in changing societies” and Programme of action, and the Resolution on “the roles of women and men in conflict prevention, peacebuilding and post-conflict democratic processes: a gender perspective” (Appendix III of CM(2003)58);

    2. agreed to take account of the aforementioned Declaration and Programme of action, and the Resolution in the future work of the Council of Europe in the area of equality;

    3. took note of the Report by the Secretary General on the 5th European Ministerial Conference on Equality between Women and Men (Skopje, 22-23 January 2003) as set out in document CM(2003)58 as a whole.

    Item 4.4

    The human rights situation in the Chechen Republic -
    Parliamentary Assembly Recommendation 1600 (2003)
    (PA REC_1600 (2003), CM/Del/Dec(2003)837/3.1 and 838/1.1, CM/AS(2003)Rec1600 final)

    Decision

    The Deputies adopted the reply to Parliamentary Assembly Recommendation 1600 (2003) on the human rights situation in the Chechen Republic, as it appears at Appendix 7 to the present volume of Decisions3.

    Item 5.1a

    Steering Committee on the Mass Media (CDMM)

    a. Abridged report of the 58th meeting (26-29 November 2002)
    (CM(2003)67revised)

    Decision

    The Deputies took note of the abridged report of the 58th meeting of the Steering Committee on the Mass Media (CDMM) as a whole (document CM(2003)67revised).

    Item 5.1b

    Steering Committee on the Mass Media (CDMM)

    b. Draft Recommendation Rec(2003)9 of the Committee of Ministers to member states on measures to promote the democratic and social contribution of digital broadcasting
    (CM(2003)67revised Appendix II)

    Decision

    The Deputies adopted Recommendation Rec(2003)9 on measures to promote the democratic and social contribution of digital broadcasting, as it appears at Appendix 8 to the present volume of decisions.

    Item 5.1c

    Steering Committee on the Mass Media (CDMM)

    c. Draft Declaration on freedom of communication on the Internet
    (CM(2003)67revised Appendix III and IV)

    Decisions

    The Deputies

    1. adopted the Declaration on freedom of communication on the Internet, as it appears at Appendix 9 to the present volume of Decisions;

    2. took note of the Explanatory note thereto, as it appears at Appendix IV to document CM(2003)67revised.

    Item 6.2

    Legal situation of Roma in Europe –
    Parliamentary Assembly Recommendation 1557 (2002)

    (PA REC_1557(2002) and CM/AS(2003)Rec1557final)

    Decision

    The Deputies agreed to resume consideration of this item at their 843rd meeting (11 June 2003).

    Item 9.1

    Committee for the activities of the Council of Europe in the field of biological and landscape diversity (CO-DBP) - Abridged report of the 7th meeting (Geneva, 29 January 2003)
    (CM(2003)66)

    Decisions

    The Deputies

    1. adopted Resolutions ResDip(2003)1 to ResDip(2003)15 on the renewal of the European Diploma of Protected Areas, as they appear at Appendices 10 to 24 to the present volume of Decisions and Resolutions ResDip(2003)16 to ResDip(2003)18 on the award of the European Diploma of Protected Areas, as they appear at Appendices 25 to 27 to the present volume of Decisions;

    2. adopted the revised European Charter for the Protection and Sustainable Management of Soil, as it appears at Appendix 28 to the present volume of Decisions;

    3. took note of the Declaration of the second Conference of Signatory and Contracting States to the European Landscape Convention (28-29 November 2002, Strasbourg), as it appears at Appendix 22 to CM(2003)66;

    4. having regard to the decisions above, took note of the abridged report of the 7th meeting of the CO-DBP, as it appears in document CM(2003)66, as a whole.

    Appendix 1
    (item 1.1)

    840 Meeting of the Ministers' Deputies
    Strasbourg, 28 April 2003 (10.00 am)

    Agenda

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

1.5

Committee of Ministers – Follow-up to the 112th Session (Strasbourg, 14-15 May 2003)

(CM(2003)PV1 prov. and Addendum, CM/Inf(2003)19)
(
CM/Notes/840/1.5 of 20.5.2003)

 

2. Political questions

 

2.1

Current political questions

a. Activities for the development and consolidation of democratic stability
. Moldova
. Belarus
. Georgia
. Regional Co-operation in the South Caucasus

(Item prepared by the GR-EDS on 6 May 2003)


(GR-EDS(2003)CB9)
(CM/Notes/840/2.1 of 16.5.2003)

   

b. Activities for the development and consolidation of democratic stability
. Bosnia and Herzegovina
. Ukraine
. Parliamentary Assembly Recommendation 1588 (2003): Population displacement in South-Eastern Europe: trends, problems, solutions

(Item prepared by the GR-EDS on 23 May 2003)


(GR-EDS(2003)CB10 of 27.5.2003)
(CM/Notes/840/2.1b of 26.5.2003)


c. Other questions
. Statement by the Representative of Armenia
. Statement by the Representative of Moldova

 

2.2

Situation in Cyprus

 

2.3

Evaluation of the prospects of a political solution to the conflict in the Chechen Republic – Parliamentary Assembly Recommendation 1593 (2003)

(REC_1593 (2003) and CM/AS(2003)Rec1593 prov., CM/Notes/840/4.1 and 4.4)
(CM/Notes/840/2.3 of 22.5.2003)

 

2.4

Priorities for 2004 – Budgetary implications

(CM/Del/Dec(2003)833/2.3 and 835/2.3, CM(2003)38 and GR-AB(2003)CB3)
(CM/Notes/840/2.4 of 26.5.2003)

 

4. Human Rights

 

4.1

The contribution of the Council of Europe towards the restoration of the rule of law, respect for human rights and democracy in Chechnya

(CM/Del/Dec(2003)833/4.2, SG/Inf(2003)23 and Addendum)
(CM/Notes/840/4.1 of 16.5.2003)

 

4.2

Domestic violence against women – Parliamentary Assembly Recommendation 1582 (2002)
(Item prepared by the RAP-EG)


(CM/AS(2003)Rec1582 prov. and REC_1582 (2002))
(CM/Notes/840/4.2 of 14.5.2003)

 

4.3

5th European Ministerial Conference on Equality between Women and Men (Skopje, 22-23 January 2003) – Report by the Secretary General

(CM(2003)58)
(CM/Notes/840/4.3 of 14.5.2003)

 

4.4

The human rights situation in the Chechen Republic – Parliamentary Assembly Recommendation 1600 (2003)

(CM/Del/Dec(2003)837/3.1 and 838/1.1, REC_1600 (2003), CM/AS(2003)Rec1600 prov.3, CM/Notes/840/2.3 and 4.1)
(CM/Notes/840/4.4 of 22.5.2003)

 

5. Media

 

5.1

Steering Committee on the Mass Media (CDMM)

a. Abridged report of the 58th meeting (Strasbourg, 26-29 November 2002)

b. Draft Recommendation Rec(2003)… of the Committee of Ministers to member states on measures to promote the democratic and social contribution of digital broadcasting


c
. Draft Declaration on freedom of communication on the Internet

(CM(2003)67 revised of 20.5.2003)
(CM/Notes/840/5.1 of 16.5.2003)

 

6. Social cohesion

 

6.1

Social measures for children of war in south-eastern Europe – Parliamentary Assembly Recommendation 1561 (2002)

 

(Item postponed)

 

6.2

The legal situation of Roma in Europe - Parliamentary Assembly Recommendation 1557 (2002)

(REC_1557 (2002) and CM/AS(2003)Rec 1557 prov.)
(CM/Notes/840/6.2 of 5.5.2003)

 

9. Sustainable development

 

9.1

Committee for the activities of the Council of Europe in the field of biological and landscape diversity (CO-DBP) - Abridged report of the 7th meeting (Geneva, 29 January 2003)

(CM(2003)66)
(CM/Notes/840/9.1 of 16.5.2003)

 

11. Administration and Logistics

 

11.1

Group Pompidou – Reallocation of the unspent balance of the special account entitled “Demand reduction staff training programme”

 

(Item postponed)

 

13. Any other business

    Appendix 2

(item 1.2)

    842 Meeting of the Ministers' Deputies
    (Strasbourg, 5(10am) June 2003)


    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 7 May 2003
    Notes: 23 May 2003

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

1.5

Conferences of Specialised Ministers – State of preparation

(CM/Inf(2003)24)
(CM/Notes/842/1.5 of 27.5.2003)

 

1.6

Committee of Ministers - Follow-up to the 112th Session (14-15 May 2003)

      (CM(2003)PV1 prov. and Addendum)
      (CM/Notes/842/1.6 of …)

 

2. Political questions

 

2.1

Current political questions

 

2.2

Situation in Cyprus

 

2.3

Compliance with commitments by member states – Declaration of the Committee of Ministers of 10 November 1994 – Provisional Chairman's summing-up following the 836th meeting (in camera)
(15 April 2003)


(CM/Del/Dec(2003)839/2.3 and CM/Monitor(2003)8 final)
(CM/Notes/842/2.3 of 23.5.2003)

 

3. Parliamentary Assembly

 

3.1

Standing Committee (Chisinau, 27 May 2003)

a. Communication of the Secretary General of the Parliamentary Assembly

b. Preliminary consideration of texts adopted


(2003 Session (Provisional compendium of texts adopted) and SG-AS(2003)…)
(CM/Notes/842/3.1 of 23.5.2003)

 

3.2

Communication by the Secretary General of the Parliamentary Assembly on the preparation of the Third Part of the 2003 Session (Strasbourg, 23-27 June 2003) and other activities

 

6. Social cohesion

 

6.1

European Committee on Migration (CDMG) – Abridged report of the 45th meeting (Strasbourg, 25-27 March 2003)

(CM(2003)71)
(CM/Notes/842/6.1 of 21.5.2003)

 

7. Education and culture

 

7.1

Follow-up to the proposal for a “European Year of Citizenship through Education”
(Item prepared by the GR-C)


(CM/Notes/842/7.1 of …)

 

7.2

Proposals for future Enlarged Rapporteur Group on Education, Culture, Sport, Youth and Environment (GR-C) meetings
(Item prepared by the GR-C)


(CM/Notes/842/7.2 of …)

 

7.3

Vocational training of young asylum seekers in host countries – Parliamentary Assembly Recommendation 1552 (2002)
(Item prepared by the GR-C)


(REC_1552 (2002) and CM/AS(2003)Rec1552 prov.)
(CM/Notes/842/7.3 of …)

 

7.4

Religion and change in central and eastern Europe - Parliamentary Assembly Recommendation 1556 (2002)
(Item prepared by the GR-C)


(REC_1556 (2002) and CM/AS(2003)Rec1556 prov.)
(CM/Notes/842/7.4 of …)

 

10. Legal questions

 

10.1

European Day of Civil Justice

(CM/Notes/842/10.1 of 22.5.2003)

 

11. Administration and logistics

 

11.1

Accommodation needs of the Council of Europe
- New General Office Building (NBGEN)
- New European Directorate for the Quality of Medicines Building (NBDEQM)
(Item prepared by the GR-AB)


a. Ad hoc Committee of Experts on Buildings (CAHB) – Meeting report (Strasbourg, 7-9 April 2003)


(CM(2003)56)


b. Financing of Accommodation Requirements

(
CM(2003)57)

(CM/Notes/842/11.1 of …)

 

13. Any other business

    Appendix 3

(item 1.2)

    843 Meeting of the Ministers' Deputies
    (Strasbourg, 11(10am) June 2003)


    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 14 May 2003
    Notes: 30 May 2003

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

2. Political questions

 

2.1

Current political questions

 

2.2

Situation in Cyprus

 

2.3

Relations between the Council of Europe and the European Union – Oral Report by the Chairman of the GR-EU on the meeting of 6 June 2003

 

2.4

Europe and the war in Iraq – Parliamentary Assembly Recommendation 1603 (2003)

(REC_1603 (2003) and CM/AS(2003)Rec1603 prov.)
(CM/Notes/843/2.4 of …)

 

3. Parliamentary Assembly

 

3.1

Standing Committee (Chisinau, 27 May 2003) – Texts adopted

(CM/Notes/843/3.1 of …)

 

6. Social Cohesion

 

6.1

The legal situation of Roma in Europe - Parliamentary Assembly Recommendation 1557 (2002)

(REC_1557 (2002) and CM/AS(2003)Rec1557 prov.)
(CM/Notes/842/6.1 of …)

 

10. Legal questions

 

10.1

Draft revised Convention for the protection of animals during international transport – Adoption and opening for signature

(CM(2003)72)
(CM/Notes/843/10.1 of …)

 

12. Congress of Local and Regional Authorities of Europe (CLRAE)

 

12.1

10th Plenary Session of the CLRAE (Strasbourg, 20-22 May 2003) – Communication by the Chief Executive

 

13. Any other business

    Appendix 4

(item 1.2)

    844 Meeting of the Ministers' Deputies
    (Strasbourg, 19(10am) June 2003)


    Draft Agenda

    In application of the rules for the dispatch of reference documents and Notes on the Agenda, the deadlines are:
    CM: 21 May 2003
    Notes: 6 June 2003

 

1. General questions

 

1.1

Adoption of the Agenda

 

1.2

Preparation of forthcoming meetings

 

1.3

Communication from the Secretary General

 

1.4

Report of the Bureau

 

2. Political questions

 

2.1

Current political questions

a. Activities for the development and consolidation of democratic stability
(Item to be prepared by the GR-EDS)


b. Other questions


(CM/Notes/844/2.1 of …)

 

2.2

Situation in Cyprus

 

2.3

Relations between the Council of Europe and the European Union

a. Report by the Chairman of the GR-EU on the meeting of 6 June 2003

b. 19th Quadripartite meeting (Luxembourg, 17 June 2003)


(CM/Notes/844/2.3 of …)

 

2.4

Relations between the Council of Europe and OECD – Report by the Rapporteur

(RAP-OCDE(2003)1)
(CM/Notes/844/2.4 of …)

 

3. Parliamentary Assembly

 

3.1

Written questions by members of the Parliamentary Assembly to the Chair of the Committee of Ministers

a
. Written question No. 426 by Mr Jurgens: “Continued detention of six members of the Turkish Grand National Assembly belonging to the DEP Party”

(CM/AS(2003)Quest426 prov. of …)
(CM/Notes/844/3.1a of …)

   

b. Written question No. 427 by Mr Jurgens: “Property rights of displaced persons in Cyprus”

(CM/AS(2003)Quest427 prov. of …)
(CM/Notes/844/3.1b of …)


c. Written question No. 428 by Mr Jurgens: “Execution of the European Court's judgments by Turkey”


(CM/AS(2003)Quest428 prov. of …)
(CM/Notes/844/3.1c of …)

 

4. Human Rights

 

4.1

European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment (CPT) – Election of a member of the CPT in respect of Finland
(Item to be prepared by the GR-H)


(CM(2003)59)
(CM/Notes/844/4.1 of …)

 

4.2

Right to association for members of the professional staff of the armed forces – Parliamentary Assembly Recommendation 1572 (2002)
(Item to be prepared by the GR-H)


(REC_1572 (2002) and CM/AS(2003)Rec1572 prov. of …)
(CM/Notes/844/4.2 of …)

 

4.3

Draft Recommendation Rec(2003)… of the Committee of Ministers to member states on xenotransplantation
(Item prepared by the GR-H)


(CM(2002)132 revised and Addendum of …)
(CM/Notes/844/4.3 of …)

 

4.4

The contribution of the Council of Europe towards the restoration of the rule of law, respect for human rights and democracy in Chechnya

(CM/Notes/844/4.4 of …)

 

4.5

Council of Europe Commissioner for Human Rights – Presentation of his annual Report for 2002

(CommDH(2003)…)
(CM/Notes/844/4.5 of …)

 

6. Social cohesion

 

6.1

Public Health Committee (Partial Agreement) (CD-P-SP) – Draft Resolution ResAP(2003)… on tattoos and permanent make-up approved by the Public Health Committee (Partial Agreement)
(CD-P-SP) by written procedure on 1 April 2003


(CM(2003)39)
(CM/Notes/844/6.1 of 21.5.2003)

 

6.2

European Health Committee (CDSP)

a. Draft Recommendation Rec(2003)… of the Committee of Ministers to member states on the introduction of pathogen inactivation procedures for blood components and Explanatory Memorandum

b. Draft Recommendation Rec(2003)… of the Committee of Ministers to member states on organ donor registers


(CM(2003)74 and Addendum)
(CM/Notes/844/6.2 of …)

 

6.3

Council of Europe Development Bank – Report of the Governor for the 2002 financial year

(CM(2003)68)
(CM/Notes/844/6.3 of 21.5.2003)

 

6.4

Social measures for children of war in south-eastern Europe – Parliamentary Assembly Recommendation 1561 (2002)

(REC_1561 (2002) and CM/AS(2003)Rec1561 prov. of …)
(CM/Notes/844/6.4 of …)

 

8. Youth and sport

 

8.1

The Council of Europe and the World Anti-Doping Agency (WADA) – Conclusions of the ad hoc consultation meeting of the Parties to the European Cultural Convention (Strasbourg, 30 April 2003)

(CM(2003)77)
(CM/Notes/844/8.1 of …)

 

10. Legal questions

 

10.1

Committee on Legal Advisers on Public International Law (CAHDI) – Abridged report of the 25th meeting (Strasbourg, 17-18 March 2003)

(CM(2003)76)
(CM/Notes/844/10.1 of …)

 

10.2

European Charter for Regional or Minority Languages – Report of the Committee of Experts in respect of Sweden

(CM(2003)73)
(CM/Notes/844/10.2 of …)

 

11. Administration and logistics

 

11.1

Appointment of the External Auditor

(CM(2003)75)
(CM/Notes/844/11.1 of …)

 

13. Any other business

     

    Appendix 5
    (item 2.3)

    Reply to Parliamentary Assembly Recommendation 1593 (2003)
    on the evaluation of the prospects of a political solution to the conflict in the Chechen Republic

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    1. The Committee of Ministers has examined with close attention Recommendation 1593 (2003) of the Parliamentary Assembly.

    2. The Committee of Ministers recalls its long-standing view that there can be no alternative to a political solution in the Chechen Republic of the Russian Federation and wishes to refer to its reply adopted on 28 May 2003 to Recommendation 1600 (2003) of the Parliamentary Assembly on the human rights situation in the Chechen Republic. Several elements of that reply are also relevant to the Assembly's Recommendation 1593 (2003).

    3. In accordance with paragraph 4 of the recommendation, the Committee of Ministers duly brought the Assembly's Resolution 1315 (2003) to the attention of the Government of the Russian Federation. The Deputies have explored ways for expeditious action on that text within the framework of their monthly discussion on interim reports by the Secretary General under the item “Contribution of the Council of Europe towards restoration of the rule of law, respect of human rights and democracy in Chechnya”.

    4. Since the adoption of Resolution 1315 (2003) and Recommendation 1593 (2003), these discussions have had to take into account a number of fresh developments, in particular:

    a. the adoption by a referendum held on 23 March 2003 of the Constitution of the Chechen Republic and of the laws of presidential and parliamentary election;

    b. the decision of President Putin (Order No. 228rp of 7 May 2003) aimed at strengthening a social entente in the Chechen Republic by creating a working group entrusted with the submission to the President before 1 October 2003 of proposals for a draft Treaty on division of competence and powers between the Federal authorities and the Chechen Republic;

    c. an upsurge of terrorist attacks in the Chechen Republic marked in particular by the terrorist suicide explosions in Znamenskoye on 12 May 2003, in Iliskhan-Yurt on 14 May 2003 as well as the bomb explosion near the office of the Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic, in Grozny on 21 April 2003, when the convoy of the Council of Europe experts was passing;

    d. the adoption on 22 May 2003 by the State Duma of the Federal Assembly of the Russian Federation in the first reading of the Resolution “on the Declaration of an amnesty in connection with the adoption of the Constitution of the Chechen Republic”;

    e. the Annual Address of President Putin to the Federal Assembly of the Russian Federation on 16 May 2003, in which he stated in particular that:

    - .......Russia should be and will be a country with a developed civil society and sustainable democracy, where human rights, civil and political rights will be fully ensured......

    .........for life in the[Chechen] republic to be finally brought back to normal a very great deal has yet to be done. It is necessary, on a democratic basis and in accordance with the Constitution adopted at the referendum to elect the president and the parliament of the republic, to form the local government bodies, to develop and sign a treaty on delimitation of powers between the federal centre and the republic. And of course to restore the economy of Chechnya......

    5. In the light of the facts mentioned above the Committee of Ministers will continue to explore and pursue by concrete action any appropriate ways of increasing its practical assistance to the authorities of the Russian Federation and the Chechen Republic in all relevant spheres including the rule of law, human rights, the functioning of democracy, cultural and educational co-operation, psychological rehabilitation and humanitarian priorities.

    6. Within this framework the Committee of Ministers will also consider any specific and well-argued requests for support from relevant political, social and youth organisations.

    7. The recent terrorist attacks and the incident involving inter alia the Council of Europe experts may have an impact on the continued presence of the experts in the immediate future. The Committee of Ministers expects the prolongation of the mandate for a period of six months. This would enhance the various possibilities for the Council of Europe to continue its work in the Chechen Republic aimed at supporting the restoration of democracy, human rights and the rule of law.

    8. The Committee of Ministers will continue to keep the Assembly informed about any action and development in this respect.

    Appendix 6
    (item 4.2)

    Reply to Parliamentary Assembly Recommendation 1582 (2002)
    on Domestic violence against women

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    1. The Committee of Ministers has examined with interest Recommendation 1582 (2002) of the Parliamentary Assembly on domestic violence against women and has brought it to the attention of member states.

    2. The Committee of Ministers has sought the expert opinion of the Steering Committee for Equality between Women and Men (CDEG) on this recommendation and its opinion is appended to this reply.

    3. The Committee of Ministers shares the concerns of the Assembly and reaffirms the commitment of the Council of Europe to combat violence against women and all forms of sexual exploitation. In this respect, the 5th European Ministerial Conference between Women and Men (Skopje, 22 – 23 January 2003), in its final declaration, agreed that preventing and combating violence against women and trafficking in human beings should be one of the three main focuses of the activities of the Council of Europe to protect and promote the human rights of women. Furthermore the Committee of Ministers has adopted terms of reference for an interdisciplinary Committee (CAHTEH) to prepare a draft Convention of the Council of Europe on action against trafficking in human beings.

    4. The Council of Europe has undertaken a number of initiatives for the protection of women against violence over the past 25 years. In this context, the CDEG underlines that the provisions of Recommendation Rec(2002)5 of the Committee of Ministers to member states on the protection of women against violence advocate a number of practical and legislative measures for prevention, protection of and assistance to victims, prosecution, awareness raising and vocational training programmes. The recommendations also include additional measures with regard to violence in the family and intervention programmes for the perpetrators of violence. All these measures are in line with those advocated by the Assembly.

    5. Furthermore, the Committee of Ministers has entrusted a group of specialists, under the authority of the CDEG, to prepare guidelines for the concrete implementation of and follow-up to the recommendation, as part of the arrangements concerning the obligation to inform the Council of Europe on the follow-up given at national level to its provisions. The group will also collect information on specific plans to combat violence against women at local, regional and national levels.

    6. The Committee of Ministers would also emphasise the activities undertaken in the framework of the integrated project “Responses to violence in everyday life in a democratic society”. The Committee of Ministers particularly welcomes a manual to be published, based on the work of the Council of Europe, on priority measures for policy and practice in relation to combating violence against women as well as organising a seminar, in June 2003, on the measures of responsibility and treatment of men who exercise violence within the family. It would also mention, in this context, the activities of the Directorates of Education and of Youth and Sport on the training of teachers and youth leaders on the prevention of violence against women. In light of the foregoing and of the activities currently in progress, the Committee of Ministers has no plans at this stage to launch a European year against domestic violence. Appendix

    Opinion of the CDEG on Parliamentary Assembly Recommendation 1582 (2002)
    on domestic violence against women

    The CDEG welcomes the adoption by the Parliamentary Assembly of the Council of Europe of Recommendation 1582 (2002), which complements earlier recommendations by the Assembly to combat all forms of violence against women. It also welcomes the emphasis placed by the Assembly on the need to address the hidden nature of this type of violence and supports its call to governments to institute effective awareness-raising policies and information campaigns to inform and educate the public about this problem.

    The CDEG draws attention to all its own research and awareness-raising work on this issue. In this context, it points out that the 3rd European Ministerial Conference on Equality between Women and Men (Rome, 21-22 October 1993) drew up elements for intervention strategies to be included in an action plan to combat violence against women. Furthermore, the work of its group of specialists on combating violence against women, set up in 1994, produced a plan of action to combat violence against women, intended to provide guidance for national government departments.

    In this context, the CDEG underlines that the provisions of Recommendation Rec(2002) 54 adopted by the Committee of Ministers offer a series of measures, both legislative and practical, for prevention and prosecution, as well as protection of and assistance to victims. It also includes measures concerning sexual violence and violence in the family and programmes for dealing with those responsible.

    The CDEG also emphasises that, as part of arrangements for monitoring the implementation of this recommendation, a group of specialists has been set up whose task will be to work out a common framework on the basis of indicators, in order to help the member states readily and quickly to provide information corresponding to the various indicators. This work will be carried out taking into account the indicators drawn up in the framework of the European Union. This common framework will make it easier to monitor developments and propose appropriate action, In view of the recommendation's wide scope, in the interests of efficiency the group will also determine priorities for monitoring its application. The group will also collect information on specific plans to combat violence against women at local, regional and national levels.

    All these actions are in line with those advocated by the Assembly. The CDEG accordingly welcomes the Assembly's call to the Committee of Ministers to launch a European Year against domestic violence.

    Appendix 7
    (item 4.4)

    Reply to Parliamentary Assembly Recommendation 1600 (2002)
    on the human rights situation in the Chechen Republic

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    1. The Committee of Ministers refers to its reply adopted on 28 May 2003 to Recommendation 1593 (2003) of the Parliamentary Assembly on evaluation of the prospects of a political solution in the Chechen Republic and shares the Assembly's opinion, expressed in Resolution 1323 (2003) that

    the human rights situation in the (Chechen) Republic is the key to an equitable political solution based on national reconciliation (paragraph 2).

    and that

    If a meaningful political process is to develop in the Republic, human rights violations must stop and those responsible for past abuses must be brought to justice (paragraph 8).

    2. Since June 2000, a monthly discussion takes place in the Deputies on interim reports by the Secretary General on the work of the Council of Europe experts present in Chechnya under the item “Contribution of the Council of Europe towards restoration of the rule of law, respect of human rights and democracy in Chechnya”. Relevant PACE Recommendations are being taken into account during these discussions.

    3. These discussions also take into account additional information regarding the situation in the Chechen Republic of the Russian Federation provided by the Secretary General. Both the monthly interim reports and the addenda thereto are transmitted to the Assembly.

    4. On 26 March 2003 at their 833rd meeting the Ministers' Deputies adopted the Declaration, on a referendum held in the Chechen Republic on 23 March 2003, in which the Deputies stated in particular that:

    “The Committee of Ministers expresses hope that adoption of the Constitution of the Chechen Republic will pave the way for the formation of legitimate bodies of power through democratic and fair elections, restoration of peace, the rule of law and full respect for human rights in the region.”

    5. In order to enhance this process, the Committee of Ministers continues to encourage the Russian authorities to take the necessary measures to ensure that the rights guaranteed by the European Convention on Human Rights are fully respected in the Chechen Republic, and that all violators of these rights are held accountable.

    6. At the same time, the Committee of Ministers strongly condemns the various terrorist acts including suicide-attacks as well as the bomb explosion near the office of the Special Representative of the President of the Russian Federation for ensuring human and civil rights and freedoms in the Chechen Republic, in Grozny on 21 April 2003, when the convoy of the Council of Europe experts was passing. It reiterates its call for an end to all terrorist activities in the region. The Committee stresses once again that there can be no alternative to a political solution.

    7. The Committee of Ministers calls upon the Russian authorities to ensure that all existing Russian mechanisms are effectively used to bring to justice those responsible for human rights abuses. It furthermore calls for strengthened efforts to ensure further improvement in the human rights situation in the Republic.

    8. Any further steps towards a political solution in Chechnya, in particular, the planned elections of the President and the Parliament, should be implemented in full compliance with the principles of democracy, human rights and the rule of law.

    9. During the last three years the Council of Europe has actively contributed to the endeavours of the restoration of these principles, including through the continued presence of its staff in the Chechen Republic since June 2000.

    10. Additional areas of activities of the Council of Europe experts working in the Office of the Special Representative of the President of the Russian Federation on Human Rights and Fundamental Freedoms in the Chechen Republic, were agreed upon with the Russian Foreign Minister in June 2002. Their implementation is taking place within the framework of the programme of co-operation in the Chechen Republic and contributes to the restoration of the rule of law, respect of human rights and democracy in the Republic.

    11. The Committee of Ministers welcomes the new Agreement on the Establishment of the Joint Working Group that was signed on 14 March 2003, between Mr A-Kh. A. Sultygov, Special Representative of the President of the Russian Federation for ensuring Human Rights and Civil Rights and Freedoms in the Chechen Republic, Mr A.N. Savenkov, Deputy General Prosecutor of the Russian Federation – Chief Military Prosecutor, and Mr S.N. Fridinskyi, Deputy General Prosecutor of the Russian Federation.

    Its tasks include, inter alia, the

    - assessment of the current state of respect of laws which ensure rights and freedoms of citizens
    - measures to prevent possible violations of the Constitution of the Russian Federation, and
    - measures to rectify identified violations of the laws.

    12. This Agreement provides additional important possibilities for the improvement of the human rights situation in the Chechen Republic. The Council of Europe expert staff will actively participate in the work of this Joint Working Group.

    13. The recent terrorist attacks and the incident involving inter alia the Council of Europe experts may have an impact on the continued presence of the experts in the immediate future. The Committee of Ministers expects the prolongation of the mandate for a period of six months. This would enhance the various possibilities for the Council of Europe to continue its work in the Chechen Republic aimed at supporting the restoration of democracy, human rights and the rule of law.

    14. The Council of Europe is in constant contact with non-governmental organisations active in the Chechen Republic. These NGOs are involved in the assistance programmes whenever possible.

    Appendix 8
    (item 5.1b)

    Recommendation Rec(2003)9
    of the Committee of Ministers to member states
    on measures to promote the democratic and
    social contribution of digital broadcasting

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

    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 that are their common heritage and fostering economic and social progress;

    Recalling that the existence of a wide variety of independent and autonomous media, permitting the reflection of diversity of ideas and opinions, as stated in its Declaration on the freedom of expression and information of 29 April 1982, is important for democratic societies;

    Bearing in mind Resolution No.1 on the future of public service broadcasting adopted at the 4th European Ministerial Conference on Mass Media Policy (Prague, 7-8 December 1994), and recalling its Recommendation No R (96) 10 on the guarantee of the independence of public service broadcasting;

    Stressing the specific role of the broadcasting media, and in particular of public service broadcasting, in modern democratic societies, which is to support the values underlying the political, legal and social structures of democratic societies, and in particular respect for human rights, culture and political pluralism;

    Noting that the development of digital technology opens new possibilities in the field of communication, which may have a certain impact on the audiovisual landscape, both as regards the public and broadcasters;

    Considering that the transition to the digital environment offers advantages, but also presents risks, and that adequate preparations must be made for it so that it is carried out in the best possible conditions in the interest of the public, as well as of broadcasters and the audiovisual industry as a whole;

    Noting that in parallel with the multiplication of the number of channels in the digital environment, concentration in the media sector is still accelerating, notably in the context of globalisation, and recalling to the member states the principles enunciated in Recommendation No R (99) 1 on measures to promote media pluralism, in particular those concerning media ownership rules, access to platforms and diversity of media content;

    Stressing the potential of digital television for bringing the information society into every home and the importance of avoiding exclusion, notably by the availability of free-to-air services and transfrontier television services;

    Conscious of the need to safeguard essential public interest objectives in the digital environment, including freedom of expression and access to information, media pluralism, cultural diversity, the protection of minors and human dignity, consumer protection and privacy;

    Noting that the governments of the member states have special responsibilities in this respect;

    Convinced that the specific role of public service broadcasting as a uniting factor, capable of offering a wide choice of programmes and services to all sections of the population, should be maintained in the new digital environment;

    Recalling that the member states should maintain and, where necessary, establish an appropriate and secure funding framework that guarantees public service broadcasters the means necessary to accomplish the remit which is assigned to them by member states in the new digital environment;

    Conscious of the risk of democratic and social deficit which technological and market developments may entail, and agreeing that in the digital environment, a balance must be struck between economic interests and social needs, clearly taking a citizen perspective,

    Recommends that the governments of the member states, taking account of the principles set out in the appendix:

    a. create adequate legal and economic conditions for the development of digital broadcasting that guarantee the pluralism of broadcasting services and public access to an enlarged choice and variety of quality programmes, including the maintenance and, where possible, extension of the availability of transfrontier services;

    b. protect and, if necessary, take positive measures to safeguard and promote media pluralism, in order to counterbalance the increasing concentration in this sector;

    c. be particularly vigilant to ensure respect for the protection of minors and human dignity and the non-incitement to violence and hatred in the digital environment, which provides access to a wide variety of content;

    d. prepare the public for the new digital environment, notably by encouraging the setting-up of a scheme for adequate information on and training in the use of digital equipment and new services;

    e. guarantee that public service broadcasting, as an essential factor for the cohesion of democratic societies, is maintained in the new digital environment by ensuring universal access by individuals to the programmes of public service broadcasters and giving it inter alia a central role in the transition to terrestrial digital broadcasting;

    f. reaffirm the remit of public service broadcasting, adapting if necessary its means to the new digital environment, with respect for the relevant basic principles set out in previous Council of Europe texts, while establishing the financial, technical and other conditions that will enable it to fulfil that remit as well as possible;

    g. bring the basic principles contained in the appendix to this recommendation to the attention of the public authorities and the professional and industrial circles concerned, and to evaluate on a regular basis the effectiveness of the implementation of these principles.

    Appendix to Recommendation Rec(2003)9

    Basic principles for digital broadcasting

    General principles

    1. Given that, from a technological point of view, the development of digital broadcasting is inevitable, it would be advantageous if, before proceeding with the transition to digital environment, member states, in consultation with the various industries involved and the public, were to draw up a well-defined strategy that would ensure a carefully thought-out transition, which would maximise its benefits and minimise its possible negative effects.

    2. Such a strategy, which is particularly necessary for digital terrestrial television, should seek to promote co-operation between operators, complementarity between platforms, the interoperability of decoders, the availability of a wide variety of content, including free-to-air radio and television services, and the widest exploitation of the unique opportunities which digital technology can offer following the necessary reallocation of frequencies.

    3. Given that simultaneous analogue and digital broadcasting is costly, member states should seek ways of encouraging a rapid changeover to digital broadcasting while making sure that the interests of the public as well as the interests and constraints of all categories of broadcasters, particularly non-commercial and regional/local broadcasters, are taken into account. In this respect, an appropriate legal framework and favourable economic and technical conditions must be provided.

    4. When awarding digital broadcasting licences, the relevant public authorities should ensure that the services on offer are many and varied, and encourage the establishment of regional/local services that meet the public's expectations at these levels.

    1. Transition to the digital environment: the public

    1.1 Safe transition to digital broadcasting

    5. In order to guarantee the public a wide range of programme content, member states should take measures aimed at a high degree of interoperability and compatibility of reception, decoding and decrypting equipment and of systems granting access to digital broadcasting services and related interactive services.

    6. Given that for consumers, the changeover to digital broadcasting means acquiring new equipment to decode and decrypt digital signals and, therefore, a certain amount of expense, and in order to avoid any form of material discrimination and any risk of “digital divide” between different social categories, member states should pay particular attention to ways of reducing the cost of such equipment.

    7. With a view to bringing forward the date of the digital switch-over, member states should facilitate the public's change over to digital broadcasting. For example, they could encourage the industry to make available to the public a variety of decoding devices, including a basic decoding apparatus giving access to a range of minimum services.

    8. Media literacy is a key factor in reducing the risk of a “digital divide”. Hence, the public should be provided with wide-ranging information on the media. Suitable training courses in the use of digital equipment and new services are another appropriate measure to reduce the aforementioned risk. In particular, steps should be taken to enable the elderly and the less advantaged sectors of the population to understand and use digital technology. All these measures should be taken by the member states, broadcasters, regulatory authorities or other public or private institutions that are concerned with the transition to digital broadcasting.

    9. The protection of minors and human dignity, and non-incitement to hatred and violence, notably that of racial and religious origin, as well as the impartiality of information and the protection of consumers, should continue to receive particular attention in the digital convergence environment.

    10. Specific measures should be taken to improve access by people with hearing and visual disabilities to digital broadcasting services and their related content.

    11. Member states should take all necessary measures to protect the privacy of individuals in the digital environment, notably by forbidding the misuse of personal data collected via the use of broadcasting and related interactive services.

    1.2 Finding one's way in the digital environment

    12. In order to help the public find its bearings in the new digital environment, member states should encourage broadcasters to produce information on their services for electronic programme guides (EPGs), as well as encourage manufacturers of digital set-top-boxes to include functions allowing information concerning programmes and services to be displayed, so as to give television viewers the basic information they need to make an informed choice among the myriad of programmes/channels and services available to them via digital platforms.

    13. Without prejudice to complementary EPGs provided by broadcasters to present their own programming offer, providers of EPGs should propose to all service providers who so request, under fair, reasonable and non-discriminatory terms, a position on the EPGs which they operate. However, public service channels should be prominently displayed and easy to access. Providers of EPGs should also offer a clear classification of programme services by subject, genres, content and so on.

    14. EPGs and digital decoders should be designed to be user-friendly for consumers, notably allowing them to decide on the display of programmes and services according to their preference. Particular attention should be paid to the specific needs of people with disabilities or people who lack knowledge of foreign languages. The use of EPGs as an advertising medium should prejudice neither their functionalities nor the integrity of programmes.

    2. Transition to the digital environment: the broadcasters

    2.1 General principles

    15. When framing their policies on copyright and neighbouring rights, member states should ensure that these policies establish a balance between, on the one hand, the protection of rights owners' rights and, on the other hand, access to information, as well as the circulation of protected works and other content on digital broadcasting services.

    16. The economic interests of broadcasters, platform operators and service providers should also be taken into account in the general context of combating piracy in the digital environment, in particular via measures on the legal protection of services based on, or consisting of, conditional access.

    17. Access to many national, and even regional, broadcasting services is of great benefit to people who work, live or travel abroad, and contributes to the free flow of information and to a better understanding among cultures. In view of people's increased mobility in Europe and the deepening of European integration, it is important in the digital environment that the availability of free-to-air services and the accessibility of transfrontier audiovisual services are maintained and, where possible, extended.

    18. In view of the fact that digital convergence favours the process of concentration in the broadcasting sector, member states should maintain regulation which limits the concentration of media ownership and/or any complementary measures which they may decide to choose to enhance pluralism, while strengthening public service broadcasting as a crucial counter-balance to concentration in the private media sector.

    2.2 Principles applicable to public service broadcasting

    a. Remit of public service broadcasting

    19. Faced with the challenges linked to the arrival of digital technologies, public service broadcasting should preserve its special social remit, including a basic general service that offers news, educational, cultural and entertainment programmes aimed at different categories of the public. Member states should create the financial, technical and other conditions required to enable public service broadcasters to fulfil this remit in the best manner while adapting to the new digital environment. In this respect, the means to fulfil the public service remit may include the provision of new specialised channels, for example in the field of information, education and culture, and of new interactive services, for example EPGs and programme-related on-line services. Public service broadcasters should play a central role in the transition process to digital terrestrial broadcasting.

    b. Universal access to public service broadcasting

    20. Universality is fundamental for the development of public service broadcasting in the digital era. Member states should therefore make sure that the legal, economic and technical conditions are created to enable public service broadcasters to be present on the different digital platforms (cable, satellite, terrestrial) with diverse quality programmes and services that are capable of uniting society, particularly given the risk of fragmentation of the audience as a result of the diversification and specialisation of the programmes on offer.

    21. In this connection, given the diversification of digital platforms, the must-carry rule should be applied for the benefit of public service broadcasters as far as reasonably possible in order to guarantee the accessibility of their services and programmes via these platforms.

    c. Financing public service broadcasting

    22. In the new technological context, without a secure and appropriate financing framework, the reach of public service broadcasters and the scale of their contribution to society may diminish. Faced with increases in the cost of acquiring, producing and storing programmes, and sometimes broadcasting costs, member states should give public service broadcasters the possibility of having access to the necessary financial means to fulfil their remit.

    Appendix 9
    (item 5.1c)

    Declaration on freedom of communication on the Internet

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The member states of the Council of Europe,

    Recalling the commitment of member states to the fundamental right to freedom of expression and information, as guaranteed by Article 10 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    Considering that freedom of expression and the free circulation of information on the Internet need to be reaffirmed;

    Aware at the same time of the need to balance freedom of expression and information with other legitimate rights and interests, in accordance with Article 10, paragraph 2 of the Convention for the Protection of Human Rights and Fundamental Freedoms;

    Recalling in this respect the Convention on Cybercrime and Recommendation Rec(2001)8 on self-regulation concerning cyber content;

    Recalling, furthermore, Resolution No. 1 of the 5th European Ministerial Conference on Mass Media Policy (Thessaloniki, 11-12 December 1997);

    Concerned about attempts to limit public access to communication on the Internet for political reasons or other motives contrary to democratic principles;

    Convinced of the necessity to state firmly that prior control of communications on the Internet, regardless of frontiers, should remain an exception;

    Considering, furthermore, that there is a need to remove barriers to individual access to the Internet, and thus to complement measures already undertaken to set up public access points in line with Recommendation No. R (99) 14 on universal community service concerning new communication and information services;

    Convinced that freedom to establish services provided through the Internet will contribute to guaranteeing the right of users to access pluralistic content from a variety of domestic and foreign sources;

    Convinced also that it is necessary to limit the liability of service providers when they act as mere transmitters, or when they, in good faith, provide access to, or host, content from third parties;

    Recalling in this respect Directive 2000/31/EC of the European Parliament and of the Council of 8 June 2000 on certain legal aspects of information society services, in particular electronic commerce, in the Internal Market (Directive on electronic commerce);

    Stressing that freedom of communication on the Internet should not prejudice the human dignity, human rights and fundamental freedoms of others, especially minors;

    Considering that a balance has to be found between respecting the will of users of the Internet not to disclose their identity and the need for law enforcement authorities to trace those responsible for criminal acts;

    Welcoming efforts by service providers to co-operate with law enforcement agencies when faced with illegal content on the Internet;

    Noting the importance of co-operation between these agencies in the fight against such content,

    Declare that they seek to abide by the following principles in the field of communication on the Internet:

    Principle 1 Content rules for the Internet

    Member states should not subject content on the Internet to restrictions which go further than those applied to other means of content delivery.

    Principle 2 Self-regulation or co-regulation

    Member states should encourage self-regulation or co-regulation regarding content disseminated on the Internet.

    Principle 3 Absence of prior state control

    Public authorities should not, through general blocking or filtering measures, deny access by the public to information and other communication on the Internet, regardless of frontiers. This does not prevent the installation of filters for the protection of minors, in particular in places accessible to them, such as schools or libraries.

    Provided that the safeguards of Article 10, paragraph 2, of the Convention for the Protection of Human Rights and Fundamental Freedoms are respected, measures may be taken to enforce the removal of clearly identifiable Internet content or, alternatively, the blockage of access to it, if the competent national authorities have taken a provisional or final decision on its illegality.

    Principle 4 Removal of barriers to the participation of individuals in the information society

    Member states should foster and encourage access for all to Internet communication and information services on a non-discriminatory basis at an affordable price. Furthermore, the active participation of the public, for example by setting up and running individual websites, should not be subject to any licensing or other requirements having a similar effect.

    Principle 5 Freedom to provide services via the Internet

    The provision of services via the Internet should not be made subject to specific authorisation schemes on the sole grounds of the means of transmission used.

    Member states should seek measures to promote a pluralistic offer of services via the Internet which caters to the different needs of users and social groups. Service providers should be allowed to operate in a regulatory framework which guarantees them non-discriminatory access to national and international telecommunication networks.

    Principle 6 Limited liability of service providers for Internet content

    Member states should not impose on service providers a general obligation to monitor content on the Internet to which they give access, that they transmit or store, nor that of actively seeking facts or circumstances indicating illegal activity.

    Member states should ensure that service providers are not held liable for content on the Internet when their function is limited, as defined by national law, to transmitting information or providing access to the Internet.

    In cases where the functions of service providers are wider and they store content emanating from other parties, member states may hold them co-responsible if they do not act expeditiously to remove or disable access to information or services as soon as they become aware, as defined by national law, of their illegal nature or, in the event of a claim for damages, of facts or circumstances revealing the illegality of the activity or information.

    When defining under national law the obligations of service providers as set out in the previous paragraph, due care must be taken to respect the freedom of expression of those who made the information available in the first place, as well as the corresponding right of users to the information.

    In all cases, the above-mentioned limitations of liability should not affect the possibility of issuing injunctions where service providers are required to terminate or prevent, to the extent possible, an infringement of the law.

    Principle 7 Anonymity

    In order to ensure protection against online surveillance and to enhance the free expression of information and ideas, member states should respect the will of users of the Internet not to disclose their identity. This does not prevent member states from taking measures and co-operating in order to trace those responsible for criminal acts, in accordance with national law, the Convention for the Protection of Human Rights and Fundamental Freedoms and other international agreements in the fields of justice and the police.

    Appendix 10
    (item 9.1)

    Resolution ResDip(2003)1
    on the renewal of the European Diploma of Protected Areas
    awarded to the Bieszczady National Park
    (Poland)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (98) 27 awarding the European Diploma to the Bieszczady National Park (Poland);

    Taking into consideration the expert's report submitted to the Group of Specialists on the European Diploma of Protected Areas at its meeting on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas awarded to the Bieszczady National Park until 18 September 2008,

    Attaches the following recommendations to the renewal:

    1. conclude as soon as possible the intergovernmental agreement between Poland, Slovakia and Ukraine with a view to creating a legal basis facilitating co-ordination of the management of the trilateral MAB Reserve by the three national authorities concerned;

    2. pay constant attention to the maintenance of the valley meadows and their traditional management by sheep-grazing and Huccul horse-breeding;

    3. prohibit the installation of any large tourist, sports or recreational facilities likely to impair directly or indirectly the integrity of the Park's landscapes. Establish architectural standards within the Park geared to respecting and preserving the regional characteristics of buildings. Similarly, lay down rules for signposts giving directions or information and advertising displays, avoiding garish colours or materials not suited to the site. As far as possible, improve the external appearance of existing buildings and installations and integrate them into the landscape through abundant vegetation. Similarly, make the Park's buildings more eco-friendly through heating installations and insulation complying with the norms;

    4. prohibit on the territory of the Park any major land route crossing the Carpathians between Poland and Ukraine that might cause irreparable damage to this National Park or the landscape parks bordering on it. Subject any installation or facility of public interest to an impact study so that the most appropriate and least environmentally-damaging technical solution may be chosen;

    5. classify the forest range next to the Bieszczady National Park at the Slovakian border as a forest reserve by the forestry authorities as soon as possible;

    6. co-ordinate the management of hunting in the two peripheral landscape areas of Cisniansko-Wetlinski and of the San Valley with the conservation of the fauna in Bieszczady National Park;

    7. ensure that the National Park has adequate funding, inter alia, from the National Fund for Environmental Protection and Water Management, with which to implement the park management plan adopted in 1997.

    Appendix 11
    (item 9.1)

    Resolution ResDip(2003)2
    on the renewal of the European Diploma of Protected Areas
    awarded to the Poloniny National Park
    (Slovakia)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (98) 26 awarding the European Diploma to the Poloniny National Park (Slovakia);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas awarded to the Poloniny National Park (Slovakia) until 18 September 2008;

    Attaches the following conditions to the renewal:

    1. cancel the classification of forest categories established by the forestry plans of 2000 and restore the special function woodland, particularly the woodland intended to protect the waters of the Starina reservoir catchment area, to its previous extent;

    2. increase the number of forest reserves and their surface area, on the basis of either the data available in the forest inventories and the maps of forest associations or the proposals submitted by the National Park service and the VLK association;

    3. prohibit clear-cutting throughout the National Park and ensure that forests are cut and regenerated using selection cutting, thus maintaining forest cover and ground cover;

    4. make efforts to introduce a policy of purchasing private forests, making a priority of special function woodland or forest areas that could be incorporated into the protection woodland;

    5. set up a permanent consultation group, made up of representatives of the forestry authorities, the park service and, where applicable, hunting associations, in order to define a pattern of hunting management compatible with the imperatives of nature conservation on the territory of the National Park. Make beats in the Park subject to decision by the park service, as well as the species of game that may be hunted using this method, and the number of rifles and trackers allowed to participate;

    Attaches the following recommendations to the renewal:

    1. conclude as soon as possible the planned intergovernmental agreement between Poland, Slovakia and Ukraine with a view to creating a legal basis facilitating co-ordination of the management of the trilateral MaB reserve by the three national authorities concerned;

    2. draw up a development plan for the site, now the Poloniny National Park, on the basis of the MaB plan drawn up for the former Protected Landscape Area. A summary of this plan should be sent to the Council of Europe Secretariat;

    3. make available to the new National Park sufficient human and financial resources to ensure the implementation of the initial measures corresponding to the new legal status of the site;

    4. give full protection to the wolf and ban the shooting of it throughout the territory of the National Park;

    5. consider the conversion of a hunting district within the Park into a strict cynegetic reserve;

    6. envisage over time an architectural programme designed to encourage a return to construction and restoration of houses and buildings in the traditional regional style.

    Appendix 12
    (item 9.1)

    Resolution ResDip(2003)3
    on the renewal of the European Diploma of Protected Areas
    awarded to the Weltenburger Enge Nature Reserve
    (Germany)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (78) 21 awarding the European Diploma to the Weltenburger Enge Nature Reserve (Germany);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Weltenburger Enge Nature Reserve (Germany) until 2 March 2008;

    Attaches the following recommendations to the renewal, in order to maintain and improve standards and to increase management efficiency:

    1. secure necessary finances and give priority to implementing present major projects as detailed in this appraisal;

    2. maintain vigilance in respect to hydro-engineering on the Danube;

    3. maintain adequate monitoring and policing of rock faces to ensure that the newly-instituted climbing plan can be properly enforced;

    4. maintain strict control over boat traffic, by taking the following measures:

    - return the definition of the low water level to 2.40 m instead of the present 2.25 m;
    - grant a licence to the commercial tourist boats for a period of maximum five years, preferably shorter, rather than the ten-year review presently in force;
    - reduce the total numbers of boat journeys in each direction;
    - enforce stricter controls on the use of the small boats, particularly for “round trip” sightseeing. Mechanisms for doing this most efficiently need to be examined, but may involve random checks of official log-books;
    - support and maintain the present traditional ferry crossing at the Kloster Weltenburg;
    - nurture a close liaison between local conservation authorities and those with commercial interests in boat traffic;

    5. collate and evaluate present knowledge of the biodiversity of the reserve, with an aim to establishing a computerised, cross-referenced database of local plant and animal distribution and abundance;

    6. take measures to avoid intensive land-use practices on meadows, whether publicly or privately owned. This refers to fertilizing and mowing frequencies as well as grazing intensities and arable farming;

    7. undertake regular audits of management effectiveness for biodiversity conservation and tourist control within the reserve.

    Appendix 13
    (item 9.1)

    Resolution ResDip(2003)4
    on the renewal of the European Diploma of Protected Areas
    awarded to the Wollmatinger Ried Untersee-Gnadensee Nature Reserve
    (Germany)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (68) 34 awarding the European Diploma to the Wollmatinger Ried Untersee-Gnadensee Nature Reserve (Germany);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Wollmatinger Ried Untersee-Gnadensee Nature Reserve (Germany) until 28 November 2008;

    Attaches the following recommendations to the renewal, in order to encourage a further policy of safeguarding the surrounding habitat and landscape qualities and also envisage a further increase of monitoring, research and education activities:

    1. scientific monitoring of the natural hydrological processes is recommended, to understand and predict the consequences of dynamics; erosion and sedimentation patterns need to be observed in an undisturbed observation zone near the Langenrhein Island and the surrounding inlets; in order to safeguard this study area against human impacts (such as boating and fishing activities) the entrance of the canals may not be dredged and must be blocked by floating barriers;

    2. an effective ecological monitoring system in accordance with the European Union's Natura 2000 requirements needs long-term financing, enabling the permanent evaluation of nature management and ensuring cost-effective corrections if needed. Apart from traditional floristic and avifaunistic observations, this requires: phyto-sociological monitoring in a set of permanent quadrates, limnological research, including Phragmites-front dynamics, Macrophytes, Zoöbenthos, fish spawning functions and, finally, population development of Entomofauna indicator species;

    3. when re-construction of the B33 annex ring roads to the west of Konstanz is considered, the protected area including its functional buffer zones are to be fully respected. The important connectivity of the reserve with the hinterland (Bodanrück area) requires the maintenance of a biotope network (Öhmdwiesen, Alau, Hirschotten, Göldern, Stiegelengasse, Zielwiesen, etc.); it is also recommended to start more detailed inventories and other measures to ensure the future ecological functions of these areas;

    4. in order to minimise disturbances of water birds at the reserve by the development of flight activities at the airstrip of Konstanz it is recommended that the concessions for exploitations of hot air balloons, the Zeppelin NT and ULMs include a firm restriction of crossing the reserve below a minimum flight height of 600 m;

    5. at the Hegne camping site, the illegally used parking area must be closed and restored as species rich wetland habitat, in the first phase the zone where no artificial filling occurred; the narrow parking strip along the entrance road is to be reserved for temporary stops only; alternative parking is to be located near the Hegne railway station;

    6. as the delimitation of the reserve boundaries at the lakeside is still insufficient, illegal entrances cause disturbance to bird concentrations. Therefore it is strongly recommended that the temporary buoys are replaced by a row of about ten permanent poles that are visible from a distance. At the most critical sites (entrance of Schläuche and passage to Ermatinger Becken) informative panels are to be placed in position;

    7. the increasing interest of visitors for the reserve needs supplementary initiatives for environmental education and conservation and the renewal of the information infrastructure, including the visitors centre. The authorities are recommended to ensure the necessary funding in order to increase the social functions of the reserve;

    8. it is recommended to harmonise the boundaries of the reserve with those of the SPA in the Natura 2000 network, by extending the reserve up to the official border between Germany and Switzerland. This would also require the agreement of specific shipping regulations with the Swiss authorities.

    Appendix 14
    (item 9.1)

    Resolution ResDip(2003)5
    on the renewal of the European Diploma of Protected Areas
    awarded to the Beinn Eighe National Nature Reserve
    (United Kingdom)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (83) 7 awarding the European Diploma to the Beinn Eighe National Nature Reserve (United Kingdom);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Beinn Eighe National Nature Reserve until 25 May 2008;

    Attaches the following recommendations to the renewal:

    1. that if ecological regeneration of lower-lying, formerly wooded, areas of the reserve requires the planting of indigenous species, it must be carried out using the local genetic stock and in accordance with ecological principals;

    2. that the native tree/shrub gene bank, as well as the tree nursery, should be maintained so as to guarantee the genetic origins of trees planted in the reserve;

    3. that, if possible, the 12 hectares of private land alongside Loch Maree should be acquired;

    4. that continued priority goes to effective control of deer species within protective enclosures, while the heavy cull regime elsewhere in the reserve should continue. A monitoring programme to assess the impact of deer species on unenclosed land is needed, both to establish the effectiveness of the current cull and to plan future cull regimes;

    5. that development of recreational facilities should be discouraged within the core area of the reserve, but existing facilities should be maintained to the present standard;

    6. that overhead electric cables should be placed off the Reserve and underground cables be placed along the verges of the main road;

    7. that there is a need for an efficient database to record biological information and management action to ease recovery and ability to share information with other parties. Consideration should be given to the development of close links with other appropriate Council of Europe reserves, so that management experience and ideas can be more readily exchanged.

    Appendix 15
    (item 9.1)

    Resolution ResDip(2003)6
    on the renewal of the European Diploma of Protected Areas
    awarded to the Dobročský National Nature Reserve
    (Slovakia)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (98) 28 awarding the European Diploma to the Dobročský National Nature Reserve (Slovakia);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Dobročský National Nature Reserve (Slovakia) until 18 September 2008;

    Attaches to the renewal the following condition:

    – pursue if not step up the transformation of the forest around the nature reserve into semi-natural forest, and well beyond the current buffer zone;

    Attaches to the renewal the following recommendations:

    1. develop, in an appropriate manner, information and visitor facilities around the reserve, particularly:
    –  via the accelerated construction of the open air museum at Cierny Balog;
    – via installations in the cottage at the Predskalicov picnic site.

    2. finalise the management plan.

    Appendix 16
    (item 9.1)

    Resolution ResDip(2003)7
    on the renewal of the European Diploma of Protected Areas
    awarded to the Store Mosse National Park
    (Sweden)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (88) 11 awarding the European Diploma to the Store Mosse National Park (Sweden);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Store Mosse National Park until 13 June 2008;

    Attaches the following recommendations to the renewal:

    1. actively pursue the hydrological survey, review and complete the management plan on the basis of the results obtained;

    2. ensure a better balance between professionals and volunteers involved in park management and visitor information;

    3. encourage more actively scientific research in the Park, for example through a Life Programme;

    4. monitor the impact of peat digging in the outer edges of the Park and make provision to restore the area close to the Park in due time, to minimise the negative influences on the ark;

    5. establish a buffer zone around the park with the objective of covering the entire hydrological system that influences the Park.

    Appendix 17
    (item 9.1)

    Resolution ResDip(2003)8
    on the renewal of the European Diploma of Protected Areas
    awarded to the Bullerö and Långviksskär Nature Reserves
    (Sweden)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (88) 12 awarding the European Diploma to the Bullerö and Långviksskär Nature Reserves (Sweden);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Bullerö and Långviksskär Nature Reserves until 12 June 2008;

    Attaches the following recommendations to the renewal:

    1. update the management plans of the two reserves;

    2. maintain a good balance between information and research on the reserves' historical aspects and on their natural aspects, especially aquatic life;

    3. ensure a close surveillance of activities which are potential sources of disturbances such as canoeing and flying with ultra light aeroplanes;

    4. continue the efforts to limit the population of mink.

    Appendix 18
    (item 9.1)

    Resolution ResDip(2003)9
    on the renewal of the European Diploma of Protected Areas
    awarded to the Ordesa and Monte Perdido National Park
    (Spain)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (88) 9 awarding the European Diploma to the Ordesa and Monte Perdido National Park (Spain);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas awarded to the Ordesa and Monte Perdido National Park until 13 June 2008;

    Attaches the following recommendations to the renewal:

    1. finalise the land use and management plan (PRUG) as soon as possible;

    2. take determined action on restructuring La Pineta Valley with a view to reducing and then removing the campsite from the central zone;

    3. establish a buffer zone at the lower end of the Añisclo canyon;

    4. conserve, as an imperative, all the strictly protected sectors, and consequently do not authorise the opening of any new paths;

    5. maintain and step up collaboration with the Pyrenees National Park;

    6. consider the proposal to extend the park.

    Appendix 19
    (item 9.1)

    Resolution ResDip(2003)10
    on the renewal of the European Diploma of Protected Areas
    awarded to the Germano-Luxembourg Nature Park
    (Germany/Luxembourg)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (73) 33 awarding the European Diploma to the Germano-Luxembourg Nature Park (Germany/Luxembourg);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas awarded to the Germano-Luxembourg Nature Park until 25 October 2008;

    Attaches the following recommendations to the renewal:

    1. maintain and step up consultation and collaboration between all the parties concerned by the Our basin (Germany, Belgium, Luxembourg);

    2. at last begin work on building a fish ladder on the Our Electric Company dam;

    3. maintain vigilance with regard to campsites and various sporting pursuits in the Germano-Luxembourg Park, including canoeing and rock climbing;

    4. pursue discussion on the drawing up of uniform legislation for either side of the frontier;

    5. encourage the setting up of a Muellerthal nature park to strike a more even balance between the two river banks in the southern part of the Germano-Luxembourg Nature Park;

    6. prohibit all military manoeuvres in the diploma area.

    Appendix 20
    (item 9.1)

    Resolution ResDip(2003)11
    on the renewal of the European Diploma of Protected Areas
    awarded to the Mercantour National Park
    (France)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (93) 21 awarding the European Diploma to the Mercantour National Park (France);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews until 3 May 2008 the European Diploma of Protected Areas awarded to the Mercantour National Park (France);

    Attaches the following recommendations to the renewal:

    1. devote the greatest possible attention to the park's natural heritage, particularly to the wolf population, and consider every available means of building the community's awareness of the unique wealth of this territory;

    2. continue drawing up a development and management plan that also caters for the individual geographical sectors, which is all the more important since the park's headquarters are located outside its boundaries;

    3. carry on with the remarkable research programme undertaken with various specialised bodies;

    4. pursue unrelentingly the partnership forged with the different authorities, associations and other structures concerned by the park;

    5. remain particularly vigilant regarding possible development of transfrontier road transport which might affect the quality of the park's natural heritage.

    Appendix 21
    (item 9.1)

    Resolution ResDip(2003)12
    on the renewal of the European Diploma of Protected Areas
    awarded to the Maritime Alps Nature Park
    (Italy)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (93) 20 awarding the European Diploma to the Argentera Nature Park (Italy);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas, awarded to the Maritime Alps Nature Park (new name) until 3 May 2008;

    Attaches the following condition to this renewal:

    - all the necessary environmental impact studies must be carried out for the project to build a micro-plant for hydroelectric power production and, if the project is to go ahead, the Council of Europe Secretariat must be immediately informed and no decision taken before a special on-the-spot appraisal has been carried out;

    Attaches the following recommendations to this renewal:

    1. pursue, and preferably step up, co-operation efforts with the Mercantour National Park with a view to setting up a transnational protected area, making use, inter alia, of European funding;

    2. substantially increase the number of posts in the park administration from the current twenty-nine, taking it towards the forty-two posts planned, so that the park authorities can fully accomplish their mission to:

    – extend the park by including the territory of the municipality of Vinadio as planned, and likewise the special nature reserve of Phoenician juniper;

    –  pursue the policies of sustainable development in the park's peripheral areas and receiving and informing visitors inside the park, to better equip the park area for its role of protecting the natural heritage and helping to maintain human activities compatible with that task.

    Appendix 22
    (item 9.1)

    Resolution ResDip(2003)13
    on the renewal of the European Diploma of Protected Areas
    awarded to the Montecristo Island Nature Reserve
    (Italy)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (88) 10 awarding the European Diploma to the Montecristo Island Nature Reserve (Italy);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Montecristo Island Nature Reserve (Italy) until 12 June 2008;

    Attaches the following recommendations to the renewal:

    1. submit, when the next activity report is prepared, a management plan for the next five years, it being hoped that the plan proposed by the Corpo Forestale del Stato will be discussed and agreed to by the Archipel Toscan National Park (a national park which must not forget that it is only Montecristo Island that holds the European Diploma, and that success in keeping the diploma is dependent on the standard of management of that reserve);

    2. in view of the efforts of the Corpo Forestale del Stato to manage Montecristo Island and the results achieved, propose, in agreement with the Archipel Toscan National Park, which comes under the Ministry of the Environment and Territorial Protection, and despite the change in the island's status, a solution vindicating the present management whose work, to date, has been fully satisfactory in the eyes of the Council of Europe, which granted the European Diploma for the quality of management of the reserve;

    3. not to revise the figure of 1000 visitors a year recommended when the European Diploma was awarded, for as long as the remote surveillance system is not in place, the harbour wall is not repaired, an adequate number of competent staff have not been appointed to supervise visitors and a precise zoning plan has not been proposed;

    4. clear the tree trunks brought down by the storm from the ravine leading down to Cala Maestra;

    5. repair the harbour wall so that small boats are protected and landing is possible (priority task);

    6. restore the road and path leading to the villa, the museum and the laboratory;

    7. periodically measure the water level in the Saint's Grotto (Grotta del Santo), which seems a useful indicator of the state of the island's water resources;

    8. redraw the vegetation map, twenty-five years after the first one, to evaluate the impact of reserve status, any damage to vegetation caused by the 1992 storm, and the spread of Ailanthus;

    9. experiment on the mainland with a view to identifying the most suitable means of combating the spread of Ailanthus (cutting and killing rootstock using a suitable chemical not harmful to the environment) and continue eradicating it on the island;

    10. rebuild the protective barriers around acorn-yielding oak trees and regenerate the population, swiftly draw up a map of areas most propitious for the planting of the 300 young oaks in stock and proceed with replanting as soon as possible;

    11. continue and extend the inventories of fauna and flora (georeferenced data), evaluating the rate of endemicity;

    12. determine, through genetic analysis, the true status of the island's vertebrates;

    13. determine the extent of goat hybridisation and attempt to isolate the original phenotype with a view to ultimately reconstituting a population in keeping with true biogenetic reserve status;

    14. draw on the natural heritage evaluation method developed in various Mediterranean maritime reserves to evaluate the marine assets of the coastal zone;

    15. approach the Navy Department of Hydrography and Oceanography (SHOM) in France to ensure that the maps it provides include Italian protected areas and particularly the protection zone around Montecristo Island.

    Appendix 23
    (item 9.1)

    Resolution ResDip(2003)14
    on the renewal of the European Diploma of Protected Areas
    awarded to the Tsentralno-Chernozemny Biosphere Reserve
    (Russian Federation)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma pf of Protected Areas;

    Having regard to Resolution (98) 25 awarding the European Diploma to the Tsentralno-Chernozemny Biosphere Reserve (Russian Federation)

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Tsentralno-Chernozemny Biosphere Reserve (Russian Federation) until 18 September 2008;

    Attaches the following recommendations to the renewal:

    1. increase the two reserves' own funds and seek additional outside funding;

    2. create and/or extend the buffer zones around all units of the diploma area, particularly those of Yamskoy;

    3. extend the surface area of Barkalovka and take the necessary steps for the two disconnected parts of the unit to be brought together in a single, joined massif;

    4. improve signposting and marking of the units making up the diploma area;

    5. maintain research and conservation in the diploma area at the same excellent standards as currently achieved;

    6. provide a map indicating the limits of the units composing the Diploma site and information on the authorities directly responsible for management.

    Appendix 24
    (item 9.1)

    Resolution ResDip(2003)15
    on the renewal of the European Diploma of Protected Areas
    awarded to the Kostomuksha Strict Nature Reserve
    (Russian Federation)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to Resolution (98) 24 awarding the European Diploma to the Kostomuksha Strict Nature Reserve (Russian Federation);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP),

    Renews the European Diploma of Protected Areas to the Kostomuksha Strict Nature Reserve until 18 September 2008;

    Attaches the following condition to the renewal:

    - prepare, or preferably finalise, a management plan for the reserve, according to article I.B.4 of Appendix 2 of the Regulations of the European Diploma for Protected Areas, for the next five years;

    Attaches the following recommendations to the renewal:

    1. consider a request to extend the diploma area, to include the Kalevala National Park and the territory between the current western boundary and the border;

    2. adjust the reserve's south-west boundary to align it with the natural shore of lake Kamennoye;

    3. explore the possibility of removing or adapting the fence located inside the reserve in order to facilitate movements of large animals;

    4. create an information centre on the reserve's cultural and natural heritage, as envisaged at Akonlahti;

    5. maintain the internal research effort (state and development of biodiversity and landscapes) within the reserve and in conjunction with local universities;

    6. step up co-operation with the Finnish authorities, particularly where the reserve's management and facilities are concerned.

    Appendix 25
    (item 9.1)

    Resolution ResDip(2003)16
    on the award of the European Diploma of Protected Areas
    to the Thayatal National Park (Austria)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP);

    Having noted the agreement of the Austrian Government,

    Solemnly awards the European Diploma of Protected Areas to the Thayatal National Park, in accordance with the Regulations for the European Diploma of Protected Areas, due to the very natural state of the park, its biological components and the model co-operation on either side of the border with the Czech Podyji National Park;

    Places the aforesaid Park under the patronage of the Council of Europe until 28 May 2008;

    Attaches the following recommendations to the award:

    1. owing to the disturbance caused to the Thaya by the Vranov dam, a solution needs to be found at the level of transfrontier cooperation between the two national parks of Thayatal and Podyji. The studies embarked upon are to propose possible solutions within two years so that practical measures are taken as soon as possible. Furthermore, it is to be hoped that the funding of these efforts does not have to come solely from the two national parks concerned;

    2. the different habitats making up the park are characterised by their very close state to nature, except for the river, which has a number of artificial concrete sills. From both the landscape and biological point of view, it would be advisable to envisage works aimed at returning the river to its natural state. Sills of this kind could be replaced with more appropriate rocky rapids installed over a longer gradient,

    3. nautical activities such as rafting have been observed, although they are prohibited. This matter requires greater vigilance, and all the more so since an easing of the rules appears to be envisaged on the Czech side;

    4. model co-operation at European level is pursued between the Austrian national park of Thayatal and its Czech counterpart, Podyji. Specific funding must be sought in this respect, particularly as regards public relations and educational aspects. In addition, rules and management plans for fishing should be fully harmonised;

    5. study the possibility of introducing additional protection on the outskirts of the park, specifically in the Fugnitztal area, where the otter could find the right conditions for a permanent habitat;

    6. undertake scientific studies on the impact of predators (cormorants, eagles) on fish stocks and the necessary conditions for the spontaneous residence of the otter, lynx, wolf and possibly elk;

    7. in a logic of complementarity between natural and built environments, envisage restoring and using the ruins – notably Kaja – located within the park.

    Appendix 26
    (item 9.1)

    Resolution ResDip(2003)17
    on the award of the European Diploma of Protected Areas
    to the Matsalu Nature Reserve
    (Estonia)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having regard to the proposals of the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity (CO-DBP);

    Having noted the agreement of the Government of Estonia,

    Solemnly awards the European Diploma of Protected Areas to the Matsalu Nature Reserve (Estonia), in accordance with the Regulations for the European Diploma of Protected Areas, as an example of an area with a high variety of habitats and one of the most high species richness in Europe, in particular in terms of birds;

    Places the aforesaid Reserve under the patronage of the Council of Europe until 28 May 2008 ;

    Attaches the following conditions to the award:

    1. that the ongoing land reform process does not change in any way the characteristics of the present state of the nature reserve or be detrimental to the nature reserve's biodiversity;

    2. that private open land cannot be developed in any way which would be incompatible with the aims of the reserve;

    Attaches the following recommendations to the award:

    1. the management plan for the area of Matsalu Nature Reserve is finalized by the end of the current year;

    2. the maintenance of the meadows, particularly coastal ones, should be given high priority;

    3. the nature reserve's administration should have a guaranteed budget with the necessary funds to continue its monitoring, enforcement and environmental education activities;

    4. co-operation with the farmers must continue and increase, particularly in the form of support to traditional uses like grazing or mowing;

    5. the reserve's administration continues to play a social role to help the local people within the reserve's precinct in developing activities compatible with the aims of the reserve such as those related to bird-watching, handicraft and restoration of historical heritage;

    6. potential external threats originating from industry, agriculture, tourism and development should be continually monitored and that a non-hunting buffer zone around the reserve is established;

    7. power of attorney is given the nature reserve's rangers;

    8. the programme of elimination of alien species such as the American Mink and Racoon Dog should continue;

    9. scientific studies on the reed beds and their use in a sustainable way are initiated.

    Appendix 27
    (item 9.1)

    Resolution ResDip(2003)18
    on the award of the European Diploma of Protected Areas
    to the volcanic phenomena of the Tihany Peninsula
    (Hungary)

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers, under the terms of Article 15.a of the Statute of the Council of Europe,

    Having regard to Resolution (65) 6 instituting the European Diploma for certain protected landscapes, reserves and natural features, as amended by Resolution (98) 29 on the Regulations for the European Diploma of Protected Areas;

    Having regard to the proposals of the Committee for the activities of the Council of Europe in the field of biological and landscape diversity (CO-DBP);

    Taking into consideration the expert's report presented at the meeting of the Group of Specialists on the European Diploma of Protected Areas on 20 and 21 January 2003;

    Having noted the agreement of the Government of Hungary,

    After deliberation,

    Solemnly awards the European Diploma of Protected Areas to the candidate area for the exceptional interest of its geological, geomorphological and volcanic formations;

    Places the aforesaid area under the patronage of the Council of Europe until 28 May 2008;

    Attaches the following condition to the award of the Diploma:

    –  complete the development of the "geyser field" begun in 2001 and 2002 and apply management measures to that zone, giving the geological formations top priority;

    Attaches the following recommendations to the award:

    1. set up a visitor information centre, giving it the necessary resources to implement an effective information policy;

    2. finalise procedures for approving the management plan and development plan without delay;

    3. ensure that pressure from tourism on the Tihany Peninsula does not devaluate the site;

    4. monitor the quality of water in Lake Belsö and take the necessary measures, in conjunction with the authority responsible for managing the lake, to improve its biological quality; study the possibility of transferring ownership of the lake to the National Park Directorate;

    5. ensure that prohibitions and restrictions on building are strictly applied;

    6. maintain the current balance between forests and farmed areas in order to protect the landscape;

    7. maintain traditional farming practices in the entire area;

    8. strengthen collaboration between all the authorities responsible for managing the area and, if possible, place the management of all the zones belonging to the state under the sole responsibility of the National Park;

    9. lessen, as far as possible, the harmful effects of the fragmented nature of land ownership by systematically purchasing the most vulnerable plots, or by any other means provided for in the Nature Conservation Act.

    Appendix 28
    (item 9.1)

    Revised European Charter for the Protection and Sustainable Management of Soil

    (Adopted by the Committee of Ministers on 28 May 2003
    at the 840th meeting of the Ministers' Deputies)

    The Committee of Ministers of the Council of Europe,

    In view of the Council of Europe's earlier initiatives concerning soil protection at both the parliamentary and the intergovernmental levels, in particular the European Soil Charter, the European Regional/Spatial Planning Charter, its own Recommendation (92) 8 on soil protection, and Parliamentary Assembly Recommendation 1350 (1997) on global challenges for agriculture (including forestry, fisheries and aquaculture), adopted following a report by Mr H. Scheer (Doc. 7845, 13 June 1997);

    Having regard to the proposal, under the Pan-European Biological and Landscape Diversity Strategy, to prepare European charters on sustainable development as part of the implementation of Action Theme 2 of the strategy by the Council of Europe;

    Taking into account the activities and projects of other international, governmental and non-governmental organisations in the field of soil protection, in particular the Rio Conventions on Biological Diversity and Climate Change (1992), the Paris Convention on Desertification (1994) and the Bled Protocol on Soil Protection in the Alps (1998);

    Making specific reference to the soil protection activities of the European Community under its agricultural and environment policies and its draft thematic strategy for soil;

    Bearing in mind that some member states of the Council of Europe have enacted specific national legislation on soil;

    Aware of soil's fundamental role in supporting human, animal and plant life, as a key factor in preserving a high degree of biological and landscape diversity and as a reflection of the right to life, health and a healthy environment;

    Concerned by the growing chemical, physical and biological degradation of many soils in Europe, particularly those intended to be left in their natural state and those intended for agricultural and forestry use, which are increasingly affected by erosion, air and water pollution, dumping of waste, salinisation and urban development;

    Wishing to instil awareness that the effects of soil degradation are not merely local but cumulative, and that such degradation accordingly constitutes a global threat to the foundations of life, comparable with the major environmental problems at world level, such as climate change and loss of biodiversity;

    Wishing to draw attention to the close interrelationship between soil and water and the need for links to be established with the European Water Charter;

    Concerned that co-ordinated international action at European level is a matter of urgency, in view of the tendency for soil degradation to speed up and the slowness of the processes whereby soil is reconstituted;

    Convinced of the need for rapid action by European states to institute information, research and monitoring arrangements, treating soil as a whole with a view to its integrated sustainable management at the national and international levels;

    Recalling that the revised European Charter for the Protection and Sustainable Management of Soil does not have a legally binding character,

    Adopts and proclaims the principles of the revised European Charter for the Protection and Sustainable Management of Soil, as set out below.

    1. Definition and functions of soil

    A. Definition

    a. Soil is a component of terrestrial ecosystems and constitutes the outer layer of the Earth's crust. It is found at the interface between the Earth's surface and the underlying rock and is a medium (pedosphere) in which rocks (lithosphere), air (atmosphere), water (hydrosphere) and living beings (biosphere) are intermingled. Soil naturally occurs in successive sub-horizontal layers (or horizons), with specific physical, chemical and biological properties and different functions.

    b. Depending on past use of land and ecological and environmental factors, soil layers may vary in thickness, from a few centimetres to a number of metres. Soil is directly linked with aquifers and the water contained in them, as an element of the hydrological system.

    Soil can include underground water, whether confined or not, the subsoil, the sea bed and river beds.

    B. The functions of soil

    a. Soil in itself is a living medium with an intrinsic value.

    b. Soil has two types of functions: ecological functions and functions linked to human activity.

    i. Ecological functions which are essential to humankind

    – producing biomass, the basis of human, animal, plant and micro-organism life, since it ensures a supply of food, renewable energy and raw materials;
    – filtering, buffering and transforming actions and serving as a reservoir to protect groundwater and the food chain from pollution;
    – a biological habitat for many plant and animal organisms and a gene pool of importance to the survival of humankind.

    ii. Functions resulting from human activity

    – soil is the physical medium for a range of socio-economic and cultural activities in the areas of town planning, industry, transport, farming, waste disposal and leisure;
    – soil is a source of raw materials, supplying water, clay, sand, gravel, minerals, etc;
    – soil is a cultural heritage. It is a repository of natural and human history, containing palaeontological and archaeological remains. It underlies and shapes the landscape.

    2. Soil degradation

    Soil is threatened with degradation from many sources. Degradation is damage to or destruction of soil, adversely affecting one or more of its functions. The causes may be natural or human.

    A. Forms of degradation

    a. Physical degradation due to urban sprawl, erosion caused by development, transport projects or road construction, various types of mining activities, or destruction or compaction and sealing of surface soil as a result of intensive farming techniques and the abandonment of farming in mountain regions.

    b. Biological degradation caused by sediment formation, acidification, natural salinisation and organic impoverishment of soil.

    c. Pollution caused by acidifying, toxic and chemical substances, particularly heavy metals, radioactive substances, dumping of household, industrial or radioactive waste, use of fertilisers and plant protection products, or spreading of sewage sludge or livestock waste.

    d. Degradation as a result of wind or water erosion or inappropriate farming or forestry practices.

    B. Interaction of different forms of degradation and their effects

    Soil is increasingly exposed to diffuse or specific attack from a variety of sources, which makes it more vulnerable to degradation. Soil degradation is thus frequent and rapid, whereas the reconstitution process is as slow as ever, if not impossible. Depending on the nature of the degradation, the damage may be reversible or irreversible.

    a. Reversible damage is any type of damage that can be repaired by nature or through technical processes, such as compaction or surface sealing. It also includes medium- or long-term chemical or biochemical degradation through soil pollution by organic compounds.

    b. Irreversible damage is damage that cannot be remedied or can only be repaired in the very long term, such as soil loss through urban sprawl, extraction of materials or erosion, contamination with radioactive substances, advanced acidification and salinisation and/or alkalisation.

    3. Objectives

    This foreseeable degradation and damage should be countered with preventive measures at the national and European levels, serving the following objectives in the interests of present and future generations:

    – sustainable use of all kinds of soil, according to local circumstances, so as to preserve the diversity of the functions and components of the soil in a given site and maintain a balance between the processes of soil formation and soil degradation;

    sustainable preservation of biodiversity in the soil;

    lasting fertility of the soil, so as to ensure a healthy food source; this is achieved through the use of farming methods appropriate to local conditions and special measures to protect the activity of the living organisms found in soil;

    integrated management of soil through the co-ordination of economic, environmental and spatial planning policies and the various national and local institutions and administrative bodies active in the field of soil.

    4. Fundamental principles

    a. Soil is a common heritage, and its protection is in the public interest.

    b. States should implement a soil protection policy as part of their environmental protection and sustainable development policies.

    c. Soil should be regarded as a limited, non-renewable natural resource.

    d. Any use of soil should take account of its multiple ecological functions, with a view to their preservation.

    e. Soil protection should be systematically taken into consideration in all other policies, in particular farming, forestry, mining, industrial, tourism, transport, town planning and spatial development policy.

    f. Where there is a risk of serious damage to one of the ecological functions of soil and when there is scientific uncertainty as to the extent of future soil deterioration, the precautionary principle should be applied, i.e. the emphasis should usually be on caution, and emergency measures should be adopted where necessary.

    5. Recommendations for the future management of soil

    A. General recommendations

    a. Growing erosion, urban expansion, development of transport and road infrastructure and the increasing quantities of waste to be stored require prudent management of soil through inventories, planning and the application of soil quality criteria.

    b. Placing priority on the conservation of pollution-free farmland entails managing the use of space as rationally as possible.

    c. Integrated soil management would benefit from:

    – the establishment of a national advisory body to issue guidelines for public policy on soil protection;
    – the co-ordination with national committees constituted under the United Nations Convention to Combat Desertification;
    – the setting up of bodies to co-ordinate national sectoral policies and national and local measures; or
    – similar arrangements designed to achieve the same purposes.

    d. Rare soil-types are a resource of valuable scientific and heritage interest. If threatened they need to obtain some degree of protection that could permit the conservation of its specificities. A way to protect threatened soil-types is through their identification and the establishment of soil protection zones or another appropriate mechanism.

    e. Through ecologically sound, sustainable management, any current or planned use of land should permit, if not the soil's subsequent use for a variety of functions, at least its future use for a different function, chosen by society and which does not necessitate special treatment.

    f. Land use should, as far as possible, cause only reversible changes in soil, particularly when they result from agricultural, forestry and tourism activities.

    g. Sustainable soil management in accordance with specific quality objectives should be a condition for the granting of any direct aid in the form of a subsidy or loan or any unilateral or contractual incentive measures. Extensive farming should be particularly encouraged.

    h. Land protection should be guaranteed by suitable national legislation.

    B. Recommendations concerning various specific uses of soil

    a. Farming and forestry

    Soil use for farming and forestry should be sustainable. Where appropriate, this may entail:

    – a ban on certain farming methods;

    – promoting a balance between agriculture, forestry and pastoral activities;

    – applying the precautionary principle and providing compensation when soil is lost or damaged.

    Priority must be given to preserving organic matter in the soil, as it is in most danger. Excess mechanisation may overstretch soil's capacity, disrupt its natural balance and, hence, fail to bring increases in yields. Depending on the type of soil under consideration, the rearing of certain animals should be restricted or forbidden, and irrigation controlled.

    Sustainable farming using new agricultural practices (organic farming, precision farming, integrated farming, no-till farming on plant mulch, which halves both time spent working the land and the use of inputs) and safeguarding of hedges, slopes, natural watercourses and wetlands will help to preserve the soil, while simultaneously promoting the upkeep and enhancement of the landscape. An inventory of sustainable practices should be made.

    Forest management and logging techniques should be geared to preventing soil degradation by reducing erosion and harmful compacting of the ground.

    b. Development

    Development needs to be carefully planned so as to avoid taking over good quality land, particularly in soil protection zones, farming and forest areas or protected natural areas, and to limit impermeabilisation of the ground. It should provide scope for the emergence of urban zones devoted to green areas. The integration of soil consideration into planning and rural development policies should aim to the sustainable use of soil and the improvement or restoration of degraded soils.

    Spatial planning policy will be improved by paying special attention to peri-urban areas, where town meets country, and prevent development from piecemeal degradation of rural areas.

    c. Engineering projects and transport infrastructure

    Certain major works or building projects have a far-reaching impact on soil by altering natural drainage, watertables and the landscape. Local impact assessment should be preceded by a global impact study, on the basis of plans and programmes, taking account of how irreversible artificialisation of the soil will affect surrounding areas.

    Special attention needs to be paid to temporary installations (quarries, gravel pits), whose operators should bear the restoration costs.

    d. Contaminated soil

    The gravity of the problems posed by old or recent contaminated sites (such as waste dumps, former mines, former factories and sites of old accidents) requires an appropriate soil protection policy to prevent degradation and promote restoration and rehabilitation.

    i. Prevention necessitates strict control of installations, storage areas and dumps, whether above or below ground, under the operator's responsibility, taking account of the soil's nature and quality, of any standards or guidelines that member states follow, and of all other relevant circumstances. Permanent monitoring of sites and surrounding areas, allied to risk assessment procedures, should be employed in order to ensure that such facilities are managed without unacceptable risk to soil resources arising from the escape of contaminants. Any incidents should be immediately and appropriately dealt with. No storage should be irreversible. Any change in site ownership should be preceded by an environmental audit and should be reported to the public authorities.

    ii. Restoration of a polluted site entails:

    – systems enabling the identification of potential harm to soil resources, and initiation of appropriate action;
    – spatial and town planning regulations that include measures ensuring that any subsequent use of former polluted sites is suitable, based on risk assessment;
    – determining who has technical and financial responsibility for restoring contaminated soil, according to the "polluter pays” principle. Since soil is a public asset which renders free environmental services to the community, those services must be taken into consideration when setting a value on soil;
    – the selection of restoration techniques using physical, chemical or biological processes – phyto- or bio-remediation. However, it may sometimes be preferable to leave polluted sites as they are, to avoid reactivating certain contaminants which have been immobilised.

    6. Instruments for the sustainable management of soil

    With a view to the sustainable preservation of soil, the states of Europe need to co-operate in promoting a soil policy and consider, as appropriate, the following measures:

    a. Inventory

    Each state may carry out an inventory of its soil resources, setting up a soil observatory organised around a number of permanent monitoring sites.

    This observatory would analyse the current state of the soil, using satellite observation techniques and appropriate maps and charts based on a geographical information system, and should continuously monitor foreseeable changes in the soil. It would provide reference material for the preparation of a sustainable soil use index through regular assessment and comparison of changes in soil conditions in selected areas and systematic comparison of different periods and areas.

    A co-ordinated European network of soil observatories should be set up on the basis of a European soil observation and monitoring programme, established in co-operation with the European Environment Agency. This network would help to produce a co-ordinated system of soil maps, lay down criteria for assessing sustainable use of soil and draw up a standardised classification of soil types at European level.

    b. Scientific research

    States may undertake interdisciplinary scientific research with a view to the protection and sustainable management of soil, focussing on:

    – natural causes of soil degradation;
    – anthropogenic causes of soil degradation, taking into account both air-borne and land-based factors;
    – observation and analysis of biodiversity in the soil and its importance to soil's functions;
    – contaminants' effects on soil's intrinsic processes;
    – simulation models to facilitate integrated soil management;
    – interaction between society or given population groups and the soils they utilise;
    – the know-how and knowledge possessed by users of the soil, particularly farmers.

    States could exchange information and co-operate on current and future research programmes, with a view to establishing a standard methodology, and should contribute to the creation of a European soil database.

    c. Education

    Interdisciplinary teaching on soil and its sustainable preservation should be part of the curriculum at all educational levels. Specific applied courses should be taught in colleges of engineering, agronomy, forestry and civil engineering and as part of continuing education for the building and public works industries and rural communities.

    d. Information

    Public information on the need for sustainable preservation of soil, and means of achieving it, should be developed, conveying an understanding of the diversity and variability of specific local and regional pedological features.

    European states are invited to co-operate in facilitating data and information exchange between themselves and with the relevant international bodies, in particular with the assistance of the European Environment Agency.

    e. Participation

    At national, local and regional level any decision or operation affecting soil and land (regulations, planning, contracting, project implementation) needs to be based on the principle of participation. This should entail particular emphasis on:

    – participation in decision making, especially by women and local people;

    – recognition that occupancy of land and its use for human activities necessitates involving all the parties in a locality in defining, implementing and monitoring decisions and actions;

    – public access to procedures for the settlement of disputes concerning or arising from land use.

    f. Planning

    To ensure the sustainable use of soil, taking account of its suitability, quality criteria and current and foreseeable uses, an appropriate, specific planning process should be introduced and closely co-ordinated with spatial and town planning instruments, which may allow for special soil/land planning.

    This planning process, implemented at the local and regional levels, may be devised in close co-operation with various local actors (local government authorities, industry, farmers, non-governmental organisations).

    Planning should encompass not only the ways in which soil is to be used, but also its preservation (through the creation of protection zones), improvement and restoration (particularly in the case of contaminated soil).

    Action plans to combat land degradation have to be elaborated in central and eastern European countries and Newly Independent States.

    g. Impact study

    Impact studies relating to activities, plans or programmes with a direct or indirect impact on soil need to include a soil study. This may:

    – systematically involve scientific analysis of the condition of the soil;
    – assess the effects on soil quality in the short and the long term, both direct and indirect;
    – check the biodegradability of substances or waste coming into contact with the soil;
    – note any irreversible effects;
    – recommend means of preventing or limiting any foreseeable degradation.

    h. Specific measures

    Where appropriate the states of Europe should take action to protect soil health and soil resources by, inter alia:

    restricting or prohibiting certain activities in protection zones;
    limiting use of heavy machinery on certain types of soil;
    prohibiting or regulating the spreading of fertilisers, pesticides, sewage sludge and liquid or solid animal waste;
    regulating landfill operations;
    regulating waste dumps;
    regulating the deposit of rubble, mining waste or industrial waste (toxic or not);
    determining irreversibility thresholds;
    drawing up codes of good practice for soil management purposes, combining regulatory instruments and conditional incentive measures;
    openness in public information on farming practices and use of inputs;
    on-site monitoring of use of inputs;
    monitoring of mining and extraction activities.

Note * There was no decision under this item
Note 1 See also CM/AS(2003)Rec1593 final.
Note 2 See also CM/AS(2003)Rec1582 final.
Note 3 See also CM/AS(2003)Rec1600 final.
Note 4 Recommendation Rec(2002)5 on the protection of women against violence


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