The European Landscape Convention

Florence 2000

Conseil de l’Europe, octobre 2000

À télécharger : cets_176_en_rev.docx.pdf (330 Kio)

Adopted by the Committee of Ministers of the Council of Europe on 19 July 2000 and opened for signature by its member States in Florence, on 20 October 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 the conclusion of agreements in the economic and social fields

Noting that the landscape makes an important contribution to the public interest, in cultural, ecological, environmental and social terms, and that it constitutes a resource conducive to economic activity, the appropriate protection, management and planning of which can contribute to the creation of jobs;

Aware that landscape contributes to the development of local cultures and is a fundamental component of Europe’s cultural and natural heritage, contributing to the development of human beings and the consolidation of European identity;

Recognising that landscape is an important element of people’s quality of life everywhere: in urban and rural areas, in degraded and high quality areas, in remarkable and everyday spaces

Noting that changes in agricultural, forestry, industrial and mining production techniques and in land-use planning, urban planning, transport, networks, tourism and leisure practices, and, more generally, global economic changes continue, in many cases, to accelerate the transformation of landscapes;

Desiring to respond to the public’s desire to enjoy quality landscapes and to play an active role in their transformation

Convinced that landscape is an essential element of individual and social well-being, and that its protection, management and planning imply rights and responsibilities for everyone

Bearing in mind the existing international legal texts in the fields of protection and management of the natural and cultural heritage, spatial planning, local self-government and transfrontier co-operation, in particular the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 19 September 1979), the Convention for the Protection of the Architectural Heritage of Europe (Granada, 3 October 1985), the European Convention on the Protection of the Archaeological Heritage (revised) (Valletta, 16 January 1992) the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (Madrid, 21 May 1980) and its additional protocols, the European Charter of Local Self-Government (Strasbourg, 15 October 1985), the Convention on Biological Diversity (Rio, 5 June 1992), the Convention concerning the Protection of the World Cultural and Natural Heritage (Paris, 16 November 1972), and the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Aarhus, 25 June 1998);

Recognising that the quality and diversity of Europe’s landscapes constitute a common resource for the protection, management and planning of which co-operation should be sought;

Wishing to establish a new instrument devoted exclusively to the protection, management and planning of all European landscapes, Have agreed as follows

Chapter I - General provisions

Article 1 - Definitions

For the purposes of this Convention :

a. a. « Landscape » means a part of a territory as perceived by people, the character of which results from the action of natural and/or human factors and their interrelationships;

b. « Landscape policy » means the formulation by the competent public authorities of general principles, strategies and guidelines for the adoption of specific measures for the protection, management and planning of the landscape;

c. « Landscape quality objective » means the formulation by the competent public authorities, for a given landscape, of the aspirations of the population with regard to the landscape characteristics of their surroundings;

d. « Landscape protection » means action to conserve and maintain the significant or characteristic aspects of a landscape, justified by its heritage value arising from its natural configuration and/or from human intervention;

e. « Landscape management » means actions aimed, in a sustainable development perspective, at maintaining the landscape in order to guide and harmonise the changes brought about by social, economic and environmental developments;

f. « Landscape planning » includes actions of a particularly forward-looking nature aimed at the enhancement, restoration or creation of landscapes.

Article 2 - Scope of application

Subject to the provisions of Article 15, this Convention applies to the entire territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes land areas, inland waters and maritime areas. It concerns both landscapes that may be considered outstanding and everyday landscapes and degraded landscapes.

Article 3 - Objectives

The aim of this Convention is to promote landscape protection, management and planning and to organise European co-operation in this field.

Chapter II - National measures

Article 4 - Division of responsibilities

Each Party shall implement this Convention, in particular Articles 5 and 6, in accordance with its own division of competences, in conformity with its constitutional principles and administrative organisation, and with the principle of subsidiarity, taking into account the European Charter of Local Self-Government. Without derogating from the provisions of this Convention, each Party shall implement this Convention in accordance with its own policies.

Article 5 - General measures

Each Party undertakes to

a. to give legal recognition to landscape as an essential component of people’s living environment, an expression of the diversity of their common cultural and natural heritage and the basis of their identity

b. to define and implement landscape policies aimed at the protection, management and planning of landscapes by adopting the specific measures referred to in Article 6

c. to set up procedures for the participation of the public, local and regional authorities and other stakeholders in the design and implementation of the landscape policies referred to in paragraph b above

d. to integrate landscape into spatial planning, urban development, cultural, environmental, agricultural, social and economic policies, as well as other policies which may have a direct or indirect effect on landscape.

Article 6 - Specific measures

A. Awareness-raising

Each Party undertakes to raise awareness among civil society, private organisations and public authorities of the value of landscapes, their role and their transformation.

B. Training and education

Each Party undertakes to promote :

a. the training of specialists in landscape knowledge and intervention ;

b. multidisciplinary training programmes on landscape policy, protection, management and planning for professionals in the private and public sectors and for associations concerned

c. school and university teaching in the relevant disciplines on the values attached to landscapes and issues relating to their protection, management and planning.

C. Identification and qualification

1. By mobilising the parties concerned in accordance with Article 5.c and with a view to improving knowledge of its landscapes, each Party undertakes to

a. I. to identify its own landscapes throughout its territory ;

II. to analyse their characteristics and the dynamics and pressures which modify them

III. to monitor changes in them;

b. to describe the landscapes identified, taking into account the particular values attributed to them by the actors and populations concerned.

2. The identification and characterisation work shall be guided by exchanges of experience and methodologies organised between the Parties at European level in accordance with Article 8.

D. Landscape quality objectives

Each Party undertakes to formulate landscape quality objectives for the landscapes identified and qualified, after public consultation in accordance with Article 5.c.

E. Implementation

To implement landscape policies, each Party undertakes to put in place means of intervention aimed at landscape protection, management and/or planning.

Chapter III - European co-operation

Article 7 - International policies and programmes

The Parties undertake to co-operate in taking account of the landscape dimension in international policies and programmes and to recommend, where appropriate, that landscape considerations be incorporated into them.

Article 8 - Mutual assistance and exchange of information

The Parties undertake to co-operate in order to enhance the effectiveness of measures taken in accordance with the articles of this Convention, and in particular

a. to offer mutual technical and scientific assistance through the collection and exchange of experience and research in the field of landscape ;

b. to promote exchanges of landscape specialists, particularly for training and information purposes

c. to exchange information on all matters covered by the provisions of this Convention.

Article 9 - Transfrontier landscapes

The Parties undertake to encourage transfrontier co-operation at local and regional level and, where necessary, to draw up and implement joint landscape development programmes.

Article 10 - Monitoring the implementation of the Convention

1. The existing competent committees of experts, established under Article 17 of the Statute of the Council of Europe, shall be instructed by the Committee of Ministers of the Council of Europe to monitor the implementation of the Convention.

2. After each meeting of the Committees of Experts, the Secretary General of the Council of Europe shall transmit a report on the work and functioning of the Convention to the Committee of Ministers.

3. The Committees of Experts shall propose to the Committee of Ministers the criteria for the award of a Council of Europe Landscape Award and the rules governing it.

Article 11 - Council of Europe Landscape Award

1. The Council of Europe Landscape Award may be presented to local and regional authorities and their groupings which, in the context of the landscape policy of a Party to this Convention, have implemented a policy or measures aimed at the protection, management and/or sustainable planning of their landscapes, demonstrating lasting effectiveness and thus serving as an example to other European local and regional authorities.

The distinction may also be awarded to non-governmental organisations which have made a particularly outstanding contribution to landscape protection, management or planning.

2. Applications for the Council of Europe Landscape Award shall be forwarded to the Committees of Experts referred to in Article 10 by the Parties. The transfrontier local and regional authorities and groupings of local or regional authorities concerned may be candidates, provided that they jointly manage the landscape in question.

3. On a proposal from the Committees of Experts referred to in Article 10, the Committee of Ministers shall define and publish the criteria for awarding the Council of Europe Landscape Award, adopt its rules and award the prize.

4. 4. The award of the Council of Europe Landscape Award shall lead the recipients to ensure the protection, management and/or sustainable planning of the landscapes concerned.

Chapter IV - Final clauses

Article 12 - Relationship with other instruments

The provisions of this Convention are without prejudice to more stringent provisions on landscape protection, management or planning contained in other binding national or international instruments which are or will be in force.

Article 13 - Signature, ratification, entry into force

1. This Convention shall be open for signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. The Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which ten member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.

3. In respect of any signatory which subsequently expresses its consent to be bound by it, the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.

Article 14 - Accession

1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite the European Community and any European State not a member of the Council of Europe to accede to the Convention by a decision taken by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the States Parties entitled to sit on the Committee of Ministers.

2. In respect of any acceding State, or in respect of the European Community in the event of its accession, this Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession with the Secretary General of the Council of Europe.

Article 15 - Territorial application

1. Any 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 this Convention shall apply.

2. Any Party may, at any later date, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. In respect of such territory the Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date of receipt of such declaration by the Secretary General.

3. Any declaration made under the two preceding paragraphs may, in respect of any territory specified in such declaration, be withdrawn by a notification addressed to the Secretary General of the Council of Europe. The withdrawal shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of such notification by the Secretary General.

Article 16 - Denunciation

1. Any Party may, at any time, denounce this Convention by means of a notification addressed to the Secretary General of the Council of Europe.

2. 2. Such denunciation shall become effective on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.

Article 17 - Amendments

1. 1. Any Party or the Committees of Experts referred to in Article 10 may propose amendments to this

Convention.

2. Any proposal for amendment shall be notified to the Secretary General of the Council of Europe, who shall communicate it to the member States of the Council of Europe, to the other Parties and to any European non-member State which has been invited to accede to this Convention in accordance with Article 14.

3. Any proposed amendment shall be examined by the Committees of Experts referred to in Article 10, which shall submit the text adopted by a three-quarters majority of the Parties’ representatives to the Committee of Ministers for adoption. After adoption by the Committee of Ministers by the majority provided for in Article 20.d of the Statute of the Council of Europe and by the unanimous vote of the representatives of the States Parties entitled to sit on the Committee of Ministers, the text shall be transmitted to the Parties for acceptance.

4. 4. In respect of those Parties which have accepted it, any amendment shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three member Parties of the Council of Europe have informed the Secretary General that they have accepted it. In respect of any other Party which has subsequently accepted it, the amendment shall enter into force on the first day of the month following the expiration of a period of three months after the date on which the said Party has informed the Secretary General of its acceptance.

Article 18 - Notifications

The Secretary General 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 Articles 13, 14 and 15;

d. any declaration made under Article 15

e. any denunciation made under Article 16

f. any proposed amendment, as well as any amendment adopted in accordance with Article 17 and the date on which it enters into force

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

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Florence, this 20th day of October 2000, in English and French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe.

The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State or the European Community invited to accede to this Convention.

Références