729^th meeting – 15 November 2000

Item 10.3

 Draft European Landscape Convention

Recommendation 40 (1998) of the Congress of Local and Regional Authorities of Europe

Decisions

The Deputies

1.         adopted the following reply to CLRAE Recommendation 40 (1998):

“The Committee of Ministers has taken note of Recommendation 40 (1998) and Opinion No. 13 of the Congress of Local and Regional Authorities of Europe relating to the draft European Landscape Convention.

As the Congress moreover knows, the work on drafting a European Landscape Convention has been completed and the text of the convention, adopted by the Ministers' Deputies on 19 July 2000, was opened for signature on 20 October 2000 in Florence (Italy).

The Committee of Ministers thanks the Congress for the interest with which it has followed the progress of this important question, for its continuous support and, in particular, for its Opinion No. 13, which contained a number of proposed amendments.

The draft text resulting from the work of the select committee of experts was the subject of a general consensus, which was translated into action when the convention was adopted at the 718^th meeting of the Ministers' Deputies.

The text adopted contains a number of changes in relation to the draft examined by the Congress and to the amendments proposed by the latter in Opinion No. 13.

Firstly, the Committee of Ministers wished article 10 to mention "the committees of experts", set up under Article 17 of the Statute of the Council of Europe, in the plural, rather than "the committee of experts" in the singular, as indicated by the Congress. The Committee of Ministers entrusted two committees, the Committee responsible for the activities of the Council of Europe in the field of biological and landscape diversity (CO-DBP) and the Cultural Heritage Committee (CC-PAT), with the task of monitoring the application of the convention when it enters into force.

Moreover, the new text of article 10 does not provide for the forwarding of the report of the said committees to the Congress of Local and Regional Authorities of Europe or for the adoption of an opinion by the latter.

Secondly, under Article 11 of the convention, the Committee of Ministers is not obliged to seek the opinion of the Congress of Local and Regional Authorities of Europe prior to defining and publishing the criteria for conferring the "European Landscape prize, adopting the relevant rules and conferring the award.

However, within the scope of its statutory powers, the Congress is still entitled to make recommendations to the Committee of Ministers.

Thirdly, the Committee of Ministers has concurred with the opinion of the Congress concerning the increase in the number of ratifications necessary for the convention to enter into force.

In addition, the Committee of Ministers has amended the wording of articles 4, concerning the implementation of the convention, and 9, which seeks to encourage transfrontier co-operation in landscape matters and the introduction, wherever necessary, of joint programmes.

The full text of the European Landscape Convention is appended to the present reply."[1]

2.         instructed their Rapporteur Group on Education, Culture, Youth and Sport (GR-C) to supervise the follow-up of the implementation of the Convention.