2000 – The European Landscape Convention

Embed Size (px)

Citation preview

  • 8/12/2019 2000 The European Landscape Convention

    1/8

    European Treaty Series - No. 176

    EUROPEAN LANDSCAPE

    CONVENTION

    Florence, 20.X.2000

  • 8/12/2019 2000 The European Landscape Convention

    2/8

    2 ETS 176 European Landscape Convention, 20.X.2000_______________________________________________________________________________________________

    Preamble

    The member States of the Council of Europe signatory hereto,

    Considering that the aim of the Council of Europe is to achieve a greater unity between its members for

    the purpose of safeguarding and realising the ideals and principles which are their common heritage,

    and that this aim is pursued in particular through agreements in the economic and social fields;

    Concerned to achieve sustainable development based on a balanced and harmonious relationshipbetween social needs, economic activity and the environment;

    Noting that the landscape has an important public interest role in the cultural, ecological,

    environmental and social fields, and constitutes a resource favourable to economic activity and whoseprotection, management and planning can contribute to ob creation;

    !ware that the landscape contributes to the formation of local cultures and that it is a basic component

    of the European natural and cultural heritage, contributing to human well"being and consolidation ofthe European identity;

    !c#nowledging that the landscape is an important part of the $uality of life for people everywhere% in

    urban areas and in the countryside, in degraded areas as well as in areas of high $uality, in areasrecognised as being of outstanding beauty as well as everyday areas;

    Noting that developments in agriculture, forestry, industrial and mineral production techni$ues and in

    regional planning, town planning, transport, infrastructure, tourism and recreation and, at a more

    general level, changes in the world economy are in many cases accelerating the transformation of

    landscapes;

    &ishing to respond to the public's wish to enoy high $uality landscapes and to play an active part inthe development of landscapes;

    (elieving that the landscape is a #ey element of individual and social well"being and that its protection,

    management and planning entail rights and responsibilities for everyone;

    )aving regard to the legal te*ts e*isting at international level in the field of protection and managementof the natural and cultural heritage, regional and spatial planning, local self"government and

    transfrontier co"operation, in particular the Convention on the Conservation of European &ildlifeand Natural )abitats +(ern, - September -.-/, the Convention for the 0rotection of the

    !rchitectural )eritage of Europe +1ranada, 3ctober -45/, the European Convention on the0rotection of the !rchaeological )eritage +revised/ +6alletta, 7 8anuary --2/, the European

    3utline Convention on Transfrontier Co"operation between Territorial Communities or !uthorities+9adrid, 2 9ay -4:/ and its additional protocols, the European Charter of ocal Self"

    government +Strasbourg, 5 3ctober -45/, the Convention on (iological nformation, 0ublic 0articipation in

  • 8/12/2019 2000 The European Landscape Convention

    3/8

    CHAPTER I GENERAL PROVISIONS

    Article 1 Definitions

    ?or the purposes of the Convention%

    a @andscapeA means an area, as perceived by people, whose character is the result of the action

    and interaction of natural andBor human factors;

    b @andscape policyA means an e*pression by the competent public authorities of generalprinciples, strategies and guidelines that permit the ta#ing of specific measures aimed at the

    protection, management and planning of landscapes;

    c @andscape $uality obectiveA means, for a specific landscape, the formulation by the competentpublic authorities of the aspirations of the public with regard to the landscape features of their

    surroundings;

    d @andscape protectionA means actions to conserve and maintain the significant or characteristic

    features of a landscape, ustified by its heritage value derived from its natural configurationandBor from human activity;

    e @andscape managementA means action, from a perspective of sustainable development, toensure the regular up#eep of a landscape, so as to guide and harmonise changes which are

    brought about by social, economic and environmental processes;

    f @andscape planningA means strong forward"loo#ing action to enhance, restore or createlandscapes

    Article Sco!e

    Subect to the provisions contained in !rticle 5, this Convention applies to the entire territory of the

    0arties and covers natural, rural, urban and peri"urban areas >t includes land, inland water and marineareas >t concerns landscapes that might be considered outstanding as well as everyday or degraded

    landscapes

    Article " Aims

    The aims of this Convention are to promote landscape protection, management and planning, and toorganise European co"operation on landscape issues

    CHAPTER II NATIONAL #EAS$RES

    Article % Di&ision of res!onsibilities

    Each 0arty shall implement this Convention, in particular !rticles 5 and 7, according to its owndivision of powers, in conformity with its constitutional principles and administrativearrangements, and respecting the principle of subsidiarity, ta#ing into account the European

    Charter of ocal Self"government &ithout derogating from the provisions of this Convention,each 0arty shall harmonise the implementation of this Convention with its own policies

    Article ' General meas(res

    Each 0arty underta#es%

    a to recognise landscapes in law as an essential component of people's surroundings, an

    e*pression of the diversity of their shared cultural and natural heritage, and a foundation of theiridentity;

  • 8/12/2019 2000 The European Landscape Convention

    4/8

    b to establish and implement landscape policies aimed at landscape protection, management and

    planning through the adoption of the specific measures set out in !rticle 7;

    c to establish procedures for the participation of the general public, local and regional authorities,

    and other parties with an interest in the definition and implementation of the landscape policiesmentioned in paragraph above;

    d to integrate landscape into its regional and town planning policies and in its cultural,

    environmental, agricultural, social and economic policies, as well as in any other policies withpossible direct or indirect impact on landscape

    Article ) S!ecific meas(res

    ! !"areness-raisin#

    Each 0arty underta#es to increase awareness among the civil society, private organisations, and

    public authorities of the value of landscapes, their role and changes to them

    $ Trainin# and education

    Each 0arty underta#es to promote%

    a training for specialists in landscape appraisal and operations;

    b multidisciplinary training programmes in landscape policy, protection, management andplanning, for professionals in the private and public sectors and for associations concerned;

    c school and university courses which, in the relevant subect areas, address the values attaching

    to landscapes and the issues raised by their protection, management and planning

    C %denti&ication and assess'ent

    &ith the active participation of the interested parties, as stipulated in !rticle 5 c,and with a view toimproving #nowledge of its landscapes, each 0arty underta#es%

    a i to identify its own landscapes throughout its territory;

    ii to analyse their characteristics and the forces and pressures transforming them;

    iii to ta#e note of changes;

    b to assess the landscapes thus identified, ta#ing into account the particular values assigned tothem by the interested parties and the population concerned

    2 These identification and assessment procedures shall be guided by the e*changes of e*perience and

    methodology, organised between the 0arties at European level pursuant to !rticle 4

    ( Landscape )ua*ity o+ectives

    Each 0arty underta#es to define landscape $uality obectives for the landscapes identified and assessed,

    after public consultation in accordance with !rticle 5c.

    E %'p*e'entation

    To put landscape policies into effect, each 0arty underta#es to introduce instruments aimed atprotecting, managing andBor planning the landscape

    CHAPTER III E$ROPEAN CO*OPERATION

    Article + International !olicies an, !ro-rammes

  • 8/12/2019 2000 The European Landscape Convention

    5/8

    0arties underta#e to co"operate in the consideration of the landscape dimension of international policies

    and programmes, and to recommend, where relevant, the inclusion in them of landscape considerations

    Article . #(t(al assistance an, e/c0an-e of information

    The 0arties underta#e to co"operate in order to enhance the effectiveness of measures ta#en under otherarticles of this Convention, and in particular%

    a to render each other technical and scientific assistance in landscape matters through the pooling

    and e*change of e*perience, and the results of research proects;

    b to promote the e*change of landscape specialists in particular for training and informationpurposes;

    c to e*change information on all matters covered by the provisions of the Convention

    Article Transfrontier lan,sca!es

    The 0arties shall encourage transfrontier co"operation on local and regional level and, wherevernecessary, prepare and implement oint landscape programmes

    Article 12 #onitorin- of t0e im!lementation of t0e Con&ention

    E*isting competent Committees of E*perts set up under !rticle . of the Statute of the Council ofEurope shall be designated by the Committee of 9inisters of the Council of Europe to be responsible

    for monitoring the implementation of the Convention

    2 ?ollowing each meeting of the Committees of E*perts, the Secretary 1eneral of the Council of Europeshall transmit a report on the wor# carried out and on the operation of the Convention to the Committee

    of 9inisters

    The Committees of E*perts shall propose to the Committee of 9inisters the criteria for conferring andthe rules governing the andscape award of the Council of Europe

  • 8/12/2019 2000 The European Landscape Convention

    6/8

    Article 11 Lan,sca!e a3ar, of t0e Co(ncil of E(ro!e

    The andscape award of the Council of Europe is a distinction which may be conferred on local and

    regional authorities and their groupings that have instituted, as part of the landscape policy of a 0arty tothis Convention, a policy or measures to protect, manage andBor plan their landscape, which have

    proved lastingly effective and can thus serve as an e*ample to other territorial authorities in EuropeThe distinction may be also conferred on non"governmental organisations having made particularly

    remar#able contributions to landscape protection, management or planning

    2 !pplications for the andscape award of the Council of Europe shall be submitted to the Committeesof E*perts mentioned in !rticle : by the 0arties Transfrontier local and regional authorities and

    groupings of local and regional authorities concerned, may apply provided that they ointly manage thelandscape in $uestion

    3n proposals from the Committees of E*perts mentioned in !rticle : the Committee of 9inisters

    shall define and publish the criteria for conferring the andscape award of the Council of Europe, adoptthe relevant rules and confer the !ward

    D The granting of the andscape award of the Council of Europe is to encourage those receiving theaward to ensure the sustainable protection, management andBor planning of the landscape areas

    concerned

    CHAPTER IV 4INAL CLA$SES

    Article 1 Relations0i! 3it0 ot0er instr(ments

    The provisions of this Convention shall not preudice stricter provisions concerning landscape

    protection, management and planning contained in other e*isting or future binding national orinternational instruments

    Article 1" Si-nat(re5 ratification an, entr6 into force

    This Convention shall be open for signature by the member States of the Council of Europe >t shall be

    subect to ratification, acceptance or approval >nstruments of ratification, acceptance or approval shallbe deposited with the Secretary 1eneral of the Council of Europe

    2 The Convention shall enter into force on the first day of the month following the e*piry of a period of

    three months after the date on which tenmember States of the Council of Europe have e*pressed theirconsent to be bound by the Convention in accordance with the provisions of the preceding paragraph

    >n respect of any signatory State which subse$uently e*presses its consent to be bound by it, theConvention shall enter into force on the first day of the month following the e*piry of a period of three

    months after the date of the deposit of the instrument of ratification, acceptance or approval

    Article 1% Accession

    !fter the entry into force of this Convention, the Committee of 9inisters of the Council of Europe may

    invite the European Community and any European State which is not a member of the Council ofEurope, to accede to the Convention by a maority decision as provided in !rticle 2:d of the Council of

    Europe Statute, and by the unanimous vote of the States parties entitled to hold seats in the Committeeof 9inisters

    2 >n respect of any acceding State, or the European Community in the event of its accession, this

    Convention shall enter into force on the first day of the month following the e*piry of a period of threemonths after the date of deposit of the instrument of accession with the Secretary 1eneral of the

    Council of Europe

    Article 1' Territorial a!!lication

  • 8/12/2019 2000 The European Landscape Convention

    7/8

    !ny State or the European Community may, at the time of signature or when depositing its instrument

    of ratification, acceptance, approval or accession, specify the territory or territories to which the

    Convention shall apply

    2 !ny 0arty may, at any later date, by declaration addressed to the Secretary 1eneral of the Council ofEurope, e*tend the application of this Convention to any other territory specified in the declaration

    The Convention shall ta#e effect in respect of such territory on the first day of the month following thee*piry of a period of three months after the date of receipt of the declaration by the Secretary 1eneral

    !ny declaration made under the two paragraphs above may, in respect of any territory mentioned in

    such declaration, be withdrawn by notification addressed to the Secretary 1eneral of the Council ofEurope Such withdrawal shall become effective on the first day of the month following the e*piry of a

    period of three months after the date of receipt of the notification by the Secretary 1eneral

    Article 1) Den(nciation

    !ny 0arty may, at any time, denounce this Convention by means of a notification addressed to theSecretary 1eneral of the Council of Europe

    2 Such denunciation shall become effective on the first day of the month following the e*piry of a periodof three months after the date of receipt of the notification by the Secretary 1eneral

    Article 1+ Amen,ments

    !ny 0arty or the Committees of E*perts mentioned in !rticle : may propose amendments to thisConvention

    2 !ny proposal for amendment shall be notified to the Secretary 1eneral of the Council of Europe

    who shall communicate it to the member States of the Council of Europe, to the others 0arties, andto any European non"member State which has been invited to accede to this Convention in

    accordance with the provisions of !rticle D

    The Committees of E*perts mentioned in !rticle : shall e*amine any amendment proposed andsubmit the te*t adopted by a maority of three"$uarters of the 0arties' representatives to the

    Committee of 9inisters for adoption ?ollowing its adoption by the Committee of 9inisters by themaority provided for in !rticle 2:d of the Statute of the Council of Europe and by the unanimous

    vote of the States parties entitled to hold seats in the Committee of 9inisters, the te*t shall beforwarded to the 0arties for acceptance.

    D !ny amendment shall enter into force in respect of the 0arties which have accepted it on the first day of

    the month following the e*piry of a period of three months after the date on which three Council of

    Europe member States have informed the Secretary 1eneral of their acceptance >n respect of any 0artywhich subse$uently accepts it, such amendment shall enter into force on the first day of the month

    following the e*piry of a period of three months after the date on which the said 0arty has informed the

    Secretary 1eneral of its acceptance

  • 8/12/2019 2000 The European Landscape Convention

    8/8

    Article 1. Notifications

    The Secretary 1eneral of the Council of Europe shall notify the member States of the Council of

    Europe, any State or the European Community having acceded to this Convention, of%

    a any signature;;

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

    c any date of entry into force of this Convention in accordance with !rticles , D and 5;

    d any declarationmade under !rticle 5;

    e any denunciationmade under !rticle 7;

    f any proposal for amendment, any amendment adopted pursuant to !rticle . and the date onwhich it comes into force;

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

    >n witness whereof the undersigned, being duly authorised thereto, have signed this Convention