ON

THE DRAFT EUROPEAN LANDSCAPE CONVENTION

prepared by the Select Committee of Experts set up by the Committee of Ministers

1. Having regard to the draft European Landscape Convention adopted at its 5th Plenary Session in its Recommendation 40 (1998):

2. Welcomes:

a. the Committee of Ministers' decision – taking account of the positive opinion of the Cultural Heritage Committee (CC-PAT) and the Committee for the Activities of the Council of Europe in the field of Biological and Landscape Diversity (CO-DBP) – to set up a select committee of experts and instruct it to finalise the draft convention with a view to its adoption and opening for signature;

b. the work carried out by the above committee of experts which was able to finalise the draft convention with all due regard for its basic features,

c. the positive opinion given on 10 March 2000 by the CC-PAT and the CO-DBP at their joint meeting on the final draft convention drawn up by the select committee of experts, which now enjoys a general consensus;

3. Wishes to thank the Parliamentary Assembly which, through its Committee on the Environment, Regional Planning and Local Authorities, supported the draft European Landscape Convention in its Resolution 1150 (1998), its Recommendation 1393 (1998) and at intergovernmental meetings held to finalise the draft;

4. Particularly with regard to:

a. the monitoring of the application of the Convention, shares the opinion voiced by some CC-PAT and CO-DBP delegations at the aforementioned meeting that monitoring the convention should be entrusted to the Council of Europe's existing intergovernmental committees,

b. the question of recognition of landscapes of European significance, hopes that it will not delay the adoption of the convention which ought to refer to all European landscapes;

c. the minimum number of Contracting Parties necessary for the convention to enter into force, agrees with the delegations of the aforementioned committees which proposed that this number should be increased;

5. welcomes the fact that, in its latest draft opinion on the draft European Landscape Convention [Doc. 8732], the Parliamentary Assembly:

a. continues to support the draft convention with a view to its adoption by the Committee of Ministers;

b. with regard to the specific points set out in paragraph 4 above, agrees with the Congress and the CC-PAT and CO-DBP delegations concerned;

6. In view of the foregoing, invites the Committee of Ministers to adopt:

a. the draft European Landscape Convention as proposed by the select committee of experts, with the exception of the provisions concerning the "European Landscape Committee", replacing Articles 10, 11 and 12 of the draft by Articles 10 and 11 set out in Appendix 1 to this Opinion, after amending Article 14.2 so as to increase to ten the minimum number of Contracting Parties necessary for the Convention to enter into force,

b. the draft Explanatory report on the European Landscape Convention proposed by the Select Committee of experts, replacing the paragraphs of Part III on Articles 10, 11 and 12 by the paragraphs set out in Appendix 2 to this document.

APPENDIX 1

Article 10 – Monitoring of the application of the Convention

1. The competent committee of experts set up by the Committee of Ministers of the Council of Europe under Article 17 of the Statute of the Council of Europe shall be responsible for monitoring the application of the Convention.

2. Following each of the committee of experts' meetings, the Secretary General of the Council of Europe shall transmit a report on the work carried out and on the operation of the Convention to the Committee of Ministers of the Council of Europe and to the Council of Europe’s Congress of Local and Regional Authorities of Europe.

3. Under its statutory powers, the Congress of Local and Regional Authorities of Europe may forward an opinion to the Committee of Ministers on the aforementioned report.

4. The committee of experts shall propose to the Committee of Ministers, in consultation with the Congress of Local and Regional Authorities of Europe, the criteria for conferring and rules governing the "European Landscape Award".

Article 11 – European Landscape Award

1. The "European Landscape Award" is a distinction which may be conferred by the Council of Europe on local and regional authorities that have instituted, as part of the landscape policy of a Party to this Convention, a policy or measures to protect, manage and/or plan their landscape, which have proved lastingly effective and can thus serve as an example to other territorial authorities in Europe.

2. Applications for the "European Landscape Award" shall be submitted to the Committee of Experts by states. Transfrontier local and regional authorities and groupings of local and regional authorities may apply provided that they jointly manage the landscape in question.

3. On proposals from the Committee of Experts and bearing in mind the opinion of the Congress of Local and Regional Authorities of Europe, the Committee of Ministers shall define and publish the criteria for conferring the "European Landscape Award", adopt the relevant rules and confer the award.

4. The conferral of the "European Landscape Award" on local and regional authorities shall place them under an obligation to ensure the lasting protection, management and/or planning of the landscape areas concerned.

APPENDIX 2

Article 10 – Monitoring of the application of the Convention

It transpires that it would be easier to achieve the objectives of the Convention if the representatives of Contracting Parties had the possibility of meeting regularly to devise joint co-ordinated programmes and of jointly monitoring the application of the Convention.

It was therefore agreed that the Council of Europe provided the ideal framework since it already has the competent committees on which all the States Parties to the Convention can be represented;

Given the many aspects of landscape activities, the monitoring of the application of the Convention could be entrusted to the Cultural Heritage Committee (CC-PAT) and the Committee for the Activities of the Council of Europe in the field of Biological and Landscape Diversity (CO-DBP) which work, within the Council of Europe, in the sphere addressed by the Convention and have direct access to the Committee of Ministers. In order to carry out this task the committees could hold joint meetings so that the Convention benefits from an appropriate forum for discussion.

Given local and regional authorities' increasing responsibilities with regard to the protection, management and planning of landscapes, the Congress of Local and Regional Authorities of Europe (CLRAE), the body representing these authorities in the Council of Europe, is empowered to convey opinions to the Committee of Ministers on the reports drawn up by the Council of Europe committee responsible for monitoring the application of the Convention.

Likewise, the CLRAE is called upon to give its opinion on the conferral of the above-mentioned "European Landscape Award".

Article 11 - European Landscape Award

This article stipulates that a "European Landscape Award" may be conferred on local and/or regional authorities, or on groupings of local and regional authorities (within a single country or on a cross-border basis) which have instituted a policy or measures to protect, manage and/or plan landscapes, which have proved lastingly effective and can thus serve as an example to other territorial authorities in Europe.

This award is designed to set in motion a process that could be launched by states throughout Europe to promote and recognise exemplary landscape management. The "European Landscape Award" could therefore be the culmination of a national process, possibly entailing the organisation of specific competitions and financial support for the local and regional authorities concerned.

It is therefore envisaged that the local and regional authorities interested and their groupings will be able to compete for the "European Landscape Award" through the competent authorities of their country, provided that the latter has signed and ratified the Convention. The state concerned would therefore be entitled to assess the applications, possibly within the framework of the above-mentioned competitions and confer the national prizes or award;

It will then be able to present the national award-winner or a limited number of candidates to the Council of Europe committee responsible for monitoring the Convention for conferral of the "European Landscape Award".

On a proposal by this body and after having received the CLRAE's opinion, the Committee of Ministers of the Council of Europe is empowered to establish the rules governing the "European Landscape Award", publish the criteria by which candidates shall be assessed and award the prize.

To ensure that the award contributes to the protection of the landscapes concerned, the award-winning local and regional authorities or groups must undertake to protect, manage and plan the landscapes in question on a long-term basis.

[1]. Debated and adopted by the Standing Committee of the Congress on 25 May 2000 (see Doc. CG (7) 11, draft opinion presented by Mr G. Winkler, replacing Mr F. Paour, Rapporteur).

Opinion requested from the Congress by the Committee of Ministers at its 705th meeting on 30 March 2000.