Ministers’ Deputies

Notes on the Agenda

CM/Notes/835/9.1 (restricted) 4 April 2003

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835 Meeting, 8 April 2003
9 Sustainable development

9.1 Draft European Charter on General Principles for Protection of the Environment and Sustainable Development

Reference documents

CM/Del/Dec(2003)833/9.1

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Action

To resume consideration and adopt the appended draft decision.

1. Introduction

This initiative is carried out in the framework of the follow-up of the Johannesburg World Summit on Sustainable Development. In January 2002, the GR-C was informed of the possibility of such a project. It consists in preparing a non-binding transsectoral text (charter, recommendation or other format) that may structure and enhance Council of Europe texts in this field. This initiative is still in a preliminary phase. The different Secretariat services have been consulted on this project. Once this work is more advanced, appropriate proposals will be submitted to the Deputies with a view to an in-depth discussion.

In November 2002, the Bureau of the CO-DBP (Committee for the activities of the Council of Europe in the field of biological and landscape diversity) supported the idea of preparing such a text and a first draft was circulated to delegates of CO-DBP, CD-PAT, CEMAT and Standing Committee of Bern Convention for comment. Some delegations expressed their support and others their reserves. In February 2003, the CO-DBP expressed reservations on the draft presented and instructed the Secretariat to gather comments and to amend the text accordingly.

It is recalled that, in conformity with the Programme-Budget for the current year, a Conference on Environment, Sustainable Development and Ethics will take place in Strasbourg on 14-15 April 2003 (see appendix to these Notes).  Discussion on the draft document in question is included on the agenda.

A discussion on this initiative at the GR-C in 2003 has been proposed.


It should be noted that the Chairman of the Committee of Ministers, Minister of Foreign Affairs of Malta, the Hon. Dr. Joe Borg, gave a reply to Written Question No. 15 from the Parliamentary Assembly on this initiative (see Doc. AS(2003)CR14 and item 3.1 of the present meeting’s agenda).

2. Background

Since 1963, the Council of Europe has been involved in the elaboration and implementation of a number of instruments and programmes, including conventions, in the field of environmental protection and sustainable development, on issues such as nature protection, prevention of natural risks or spatial planning.

However rich and varied, such long-term action in the field of environment appears dispersed by the lack of an appropriate all-embracing text that would reveal the inherent cohesion and interrelation of the different activities developed.

In an international context characterised by globalisation processes that tend to ignore environmental, cultural or social concerns, the elaboration of a European Document (charter, recommendation or other format) of Principles for Environment Protection and Sustainable Development will identify the fundamental principles and values that have guided Council of Europe action in this field, explore new concepts and propose innovative work.

Additionally, the document will provide a better visibility and coherence for our Organisation in environmental matters.

This non-legally binding text will enable European consensus to be achieved on the principles that need to be applied with foresight and moral courage by governments and local and regional authorities to meet one of the main challenges of the new century: the preservation of living processes on planet Earth, and in Europe.

3. A new vision of environment and sustainable development

We live in a different world from the 1960s and 1970s, when main environmental problems were identified and basic concepts coined. At present technological progress and the globalisation of trade and finance are shaping our societies and influencing our views at a greater speed. European principles and values risk being swept away by the winds of change if not reaffirmed, updated and improved. Our moral and ethic development must keep pace with technological and social change and inspire public action. The document is a step in that direction. Environmental  and Sustainable Development Principles have to be embedded in the daily lives of citizens and permit the solving of problems that have world dimension, such as global warming, but depend on the actions of all. They should result in more balanced development, better cities and countryside and an improvement of the quality of life of people, while preserving the natural values of land and sea. The three aspects of sustainable development (economic progress, social development and environmental protection) will thus be integrated.

The document will:

–          structure and enhance existing Council of Europe texts and initiatives;

–          improve the integration, transsectoral co-operation and visibility of the environment work carried out by the different Council of Europe sectors [Culture, Heritage, Spatial Planning, but also Youth and Education, Legal Affairs, Parliamentary Assembly, CLRAE, Council of Europe Development Bank, Political Affairs (specially NGOs sector), Human Rights, Health];

–          identify new grounds for action in line with main Council of Europe tasks and priorities set at the World Summit of Sustainable Development (Johannesburg, September 2002).


4. Main subjects explored, leading to identification of principles

           Contribution of environment action to conflict prevention

           Intergeneration solidarity in the use of resources, including environmental resources: the role of youth

           Environment in war or conflict: limiting long term damage

           Environmental ethics: caring about others through the improvement and enhancement of a common living space

           Environmental rights and duties of individuals and communities

           Role of government and individuals for their action on environment: accountability, liability, ways of life and consumer decisions

           Fighting against corruption in environmental and spatial planning decisions: the irreversibility of environmental damage

           A socially balanced world: fighting environmental fracture or urban ghettos in North and South and recognising interdependence

           Sharing environmental resources in border regions: the co-operation approach

           Role of the voluntary movement in environment decision and management: creating synergies and building the civil society

           The precautionary approach in environment and spatial planning: taking care of biosafety and preventing damage, even of natural origin

           Integrating environmental concerns in sectoral policies: making development sustainable

           Cultural and heritage values of environment, including landscapes

           Global coherence and subsidiarity: role of local and regional authorities in sustainable development and environmental protection

           Environmental awareness and education: enabling citizens to make the right choices and participate in the democratic debate

           Social and environmental services and benefits from a healthy territory: promoting quality of life, benefit-sharing and spiritual development

           Environment quality as an economic resource to be enhanced and used wisely

           Environment and finance: enabling the promotion of rural development, prevention of environmental degradation and repair of damage

           Integration of science, technology and research in environment and planning practice

           Managing energy responsibly and avoiding climatic change

           Taking care of water and soil for future generations

           Nature and biological diversity as common European heritage: seas, forests, wetlands and mountains to share

5. Partnerships within Council of Europe

The exercise will be carried out by the Directorate of Culture and Cultural and Natural Heritage in consultation and partnership with other Council of Europe sectors (the list is not exclusive):

-           Youth sector and Education Directorate (in DG IV);

-           Political Affairs (NGO Division, North-South Centre);

-           Legal Affairs (including Bioethics, Public Law, Criminal Law Divisions; Economic Crime Division and Transfrontier Co-operation);

-           Human Rights (Human Rights Intergovernmental Co-operation);

-           Social Affairs, including Public Health Sector and European Social Charter;

-           Parliamentary Assembly;

-           Congress of Local and Regional Authorities;

-           Council of Europe Development Bank;

-           Committee of Ministers (GR-C);

-           Private Office.

Financing assured: YES


DRAFT DECISION

835th meeting – 8 April 2003

Item 9.1

Draft European Charter on General Principles for Protection of the Environment and Sustainable Development

Decision

The Deputies took note of this initiative and of the programme of the Conference on Environment, Sustainable Development and Ethics, as it appears in Appendix … to the Volume of Decisions <see Appendix to these Notes> and invited the GR-C to discuss this question at one of its future meetings.


Appendix


Strasbourg, 24 March 2003                                                                                 CO-DBP/EE (2003) 1

(CODBP/Conf Env-Eth/documents/01e_03)

Conference on Environment,

Sustainable Development and Ethics

Palais de l'Europe, Strasbourg

14-15 April 2003

Room 5


Programme




Monday 14 April 2003

1st session

Principles for Environment Protection, Sustainable Development and Ethics

9.30 am

Welcome - Purpose and context of the Conference

Mr José-Maria Ballester, Director of Culture and Cultural and Natural Heritage

Chairman

Prof. Michel Prieur

9.50 am

Globalisation, sustainable development and ethics

Mr Bertrand Charrier, Executive Director of the International Green Cross

10.10 am

Environment as a conflict-prevention tool

Mr Enrique Alonso-Garcia, Universidad Rey Juan Carlos

10.30 am

Discussion and coffee break

11.00 am

Environment and eco-citizenship

Prof. Alexandre Kiss, President of the « Conseil Européen du Droit de l´Environnement »

11.20 am

Ethics and biotechnologies: uncertainity and justice

Prof. Mariachiara Tallacchini, University of Milan (Faculty of Biotechnology)

11.40 am

Judgments of the European Court of Human Rights in the environment sector

Mr Christos Rozakis, Judge of the European Court of Human Rights

12.00 pm

Discussion

Rapporteur: Mr Eladio Fernández-Galiano

12.30 – 2.30 pm

Lunch

1st session –

continued

Chairman

Prof. Alexandre Kiss

2.30 pm

Sustainable use of water: an ethics must

Ms Houria Tazi Sadeq, President of the “Alliance Maghreb Machrek pour l’Eau”

2.50 pm

Sustainable development and North-South co-operation

Mr. Rafael Madueño, MedForum – The Mediterranean NGOs Network

3.10 pm

Intergeneration solidarity

Mr Lasse Thue, Chair of the Advisory Council on Youth of the Council of Europe

3.30 pm

Discussion and coffee break

3.50 pm

Environment, spiritualities and ethics

Mr Jean–Pierre Ribaut

4.10 pm

Concern of the Parliamentary Assembly of the Council of Europe

Mr Fausto Giovanelli, member of the Committee on Environment, Agriculture, Local and Regional Affairs

4.30 pm

Concern of the Congress of Local and Regional Authorities of Europe

Mr Keith Whitmore, Chairman of the Committee on Sustainable Development of the Congress of Local and Regional Authorities of Europe


4.50 pm

Draft Framework Convention on Cultural Heritage

Mr Daniel Therond, Head of the Cultural Heritage Division, Council of Europe

5.10 pm

Draft European Charter of General Principles for protection of the environment and sustainable development

Prof. Michel Prieur, Directeur du Centre de recherches interdisciplinaires en Droit de l’Environnement, de l’Aménagement et de l’Urbanisme

5.30 pm

Discussion

Rapporteur: Mr Enrique Alonso-Garcia

6.00 pm

Close of session

Tuesday, 15 April 2003

2nd session

Debate on the Draft European Charter of General Principles

Chairman

Mr Veit Koester

9.00 – 12.30 am

Discussion on the General Principles:

1.         The principle of the indivisibility of fundamental values

2.         Recognition of the European common heritage

3.         The principle of integration

4.         The human right to the environment

5.         The principle of joint management of shared resources

Rapporteur

Prof. Michel Prieur

12.30 ‑ 2.30 pm

Lunch

2nd session

continued

Chairman

Mr Enrique Alonso-Garcia

2.30 – 5.30 pm

Discussion on the General Principles:

6.         The principle of prevention

7.         The principle of precaution

8.         The principle of responsibility

9.         The principle of knowledge and information

10.       The principle of participatory democracy

11.  The principle of subsidiarity and of local independence in respect of sustainable development

Rapporteur

Prof. Michel Prieur

5.30 pm

Close of the Conference