776th meeting – 6 December 2001

Item 9.1

5th Conference on Mediterranean and Black Sea Basins
Recommendation 67 (1999) of the Congress of Local and Regional Authorities (CLRAE)
(CLRAE Rec_67 (1999), CM/Del/Dec(1999)678/12.1, CM/Del/Dec(2001)758/12.1, GR-J(2001)3, GR-J(2001)CB1, GR-J(2001)OJ1)

Decision

The Deputies adopted the following reply to CLRAE Recommendation 67 (1999) on the 5^th Conference on Mediterranean and Black Sea Basins:

“The Committee of Ministers has considered Congress Recommendation 67 (1999) on the 5^th Conference on Mediterranean and Black Sea Basins.

The Committee of Ministers continues to welcome the attention which the Congress devotes to the issue of co-operation in the Mediterranean and Black Sea basins, with a view to promoting sustainable development, prosperity and peace, and wishes to inform the Congress on particular questions it touched upon in its Recommendation.

As regards paragraph 9.a of the Recommendation, which asks the Committee of Ministers take all appropriate action to urge countries which have not yet done so to sign and ratify, as quickly as possible, Council of Europe Conventions in the fields of environmental and cultural heritage protection, transfrontier co-operation and local self-government, an Appendix I to this reply shows the number of new ratifications/accessions since the adoption by the Congress of the present Recommendation. It is noteworthy that five of them are open for accession to any non-member state.

As regards a request to specify the practical arrangements for opening these conventions to Mediterranean countries not members of the Council of Europe who have clearly expressed their desire to sign and ratify them, all these questions are dealt with in the Secretariat’s document GR-J(2001)3, which gives an overview of provisions concerning the possibility of accession by Mediterranean countries and possible means of opening some of these treaties. The document also indicates whether or not these states have expressed interest. This information is contained in Appendix II to this reply.

As regards paragraph 9.b of the Recommendation, the Committee of Advisers for the Development of Transfrontier Co-operation in Central and Eastern Europe was consulted on the proposal to include in the intergovernmental programme of activities for transfrontier co-operation the drawing-up of an outline agreement on decentralised co-operation in the Black Sea. The Committee came to the conclusion that the countries concerned might consider first signing and ratifying the Outline Convention on Transfrontier Co-operation and its Protocol on Inter-territorial Co-operation, the latter covering co-operation between local and regional authorities not having a common border.

Furthermore, the possibility of drawing-up one or more “model agreements” to be concluded between the local and territorial authorities can be considered. Such model agreements – that would complement those already adopted and appended to the Outline Convention – could cover such areas as inter-territorial co-operation, regional development, environmental protection, improvement of public services through the involvement of local authorities. The Committee felt that it would be for the states concerned to show an interest in such an activity, whose implementation it could subsequently assist, if so requested. The Committee of Ministers shares the Committees of Advisers’ points of view.

As regards paragraph 9.c of the Recommendation, the Committee of Ministers has adopted a reply to CLRAE Recommendation 50 (1998) on “Decentralised co-operation and migration in the Mediterranean basin” at its 758^th meeting (21 and 25 June 2001). With particular regard to the Inter-Regional Observatory of Mediterranean Migration, the Committee of Ministers, as the reply states, “supports the initiative of the Apulia Region in Italy in hosting an Inter-Regional Observatory of Mediterranean Migration […] [and] is convinced that the Observatory will not only improve our comprehension of the true extent of the migration phenomenon but also provide policy-makers in the Mediterranean countries with the means of developing the requisite dialogue and any co-operation that may prove necessary”.

As for paragraph 9.e of the Recommendation where the Committee of Ministers is asked to positively encourage participation of non-member Mediterranean non-member states in certain Council of Europe activities, for example, by asking the Secretary General to arrange periodic information meetings for representatives of these countries, the Committee of Ministers regrets that, up to now, priorities of the Organisation, also linked with budget constraints, do not allow the Council of Europe to engage in such activities, while noting that inter-cultural and inter-religious dialogue has, since 11 September 2001 and the 109^th Session of the Committee of Ministers, become a high priority and that proposals are at present under consideration. The Committee of Ministers, as already mentioned in the reply to Recommendation 50, “is continuing its dialogue with the European Union, whose Mediterranean policy is an important factor in the stability of the continent and its friendly and constructive relations between Europe and the states on the southern shore”.

As for paragraph 12 of the Recommendation, the Guiding Principles for Sustainable Spatial Development of the European Continent, enforced by the European Conference of Ministers responsible for Regional Planning (CEMAT) at its meeting in Hanover in September 2000, indeed gave all its consideration to the problems connected with sustainable development in the Mediterranean and Black Sea basins (para. 12 of the Recommendation), in such chapters of the document as “IV. Principles of a sustainable planning policy for Europe” (especially items 1, 5, 6, 9 and 10), “V. Spatial development measures for the individual regions of Europe” (especially items 5 and 9), and “Strengthening of co-operation between the member states of the Council of Europe and participation of regions, municipalities and citizens”.

Appendix I

Number of new ratifications/accessions to Council of Europe Conventions in the field of environmental and cultural heritage protection, transfrontier co-operation and local self-government, since the adoption by the Congress of Recommendation 67

Convention on the Conservation of European Wildlife and Natural Habitats (ETS n° 104), treaty open for signature by the member states, the non-member states which have participated in its elaboration and by the European Economic Community, and for accession by other non-member states, - 4 new ratifications by member states, one new ratification by a non-member state (Morocco), bringing the total number of ratifications/accession to 45; it should be mentioned that Tunisia has also acceded to the treaty (1996);

European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS n° 106), treaty open for signature by the member states and for accession by European non-member states - five new ratifications, bringing their total number to 27;

Convention for the Protection of the Architectural Heritage of Europe (ETS n° 121), treaty open for signature by the member states and for accession by non-member states and by the EEC - five new ratifications and one new accession, bringing their total number to 34;

European Charter of Local Self-Government (ETS n° 122), treaty open for signature by the member states - two new ratifications, bringing their total number to 34;

European Convention on the Protection of the Archaelogical Heritage (revised) (ETS n° 143), treaty open for signature by the member states and the other states parties to the European Cultural Convention and for accession by the other non-member states and by the EEC – eight new ratifications, bringing the total number of ratifications and accessions to 26;

Convention on Civil Liability for Damage resulting from Activities Dangerous to the Environment (ETS n° 150), treaty open for signature by the member states, the non-member states which have participated in its elaboration and by the EEC, and for accession by other non-member states – no ratifications, to date 9 signatures;

Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS n° 159), treaty open for signature by the states signatory to the Outline Convention, - two new ratifications, bringing their total number to 9;

Protocol No. 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS n° 169), treaty open for signature by the states signatory to the Outline Convention - five new ratifications, bringing their total number to 6;

Convention on the Protection of Environment through Criminal Law (ETS n° 172), treaty open for signature by the member states and the non-member states which have participated in its elaboration and for accession by other non-member states – no ratifications; to date 13 signatures;

European Landscape Convention (ETS n° 176), treaty open for signature by the member states of the Council of Europe and for accession by the European Community and the European non-member states, one ratification (the treaty was open for signature on 20 October 2000) and 20 signatures.

Appendix II

The opening to non-member Mediterranean states of Council of Europe treaties relating to the environment, to transfrontier co-operation or to local self-government

Participation in most Council of Europe treaties is not restricted to Council member states alone. Non-member states - in some cases even non-European states -may accede to what are known as the “open” treaties, provided that they have been formally invited to do so by the Committee of Ministers and that the treaty concerned is in force. On the other hand, non-member states’ accession to a treaty which is not an “open” one necessitates prior amendment of the text of the treaty.

I. “Open” treaties

A. The following treaties relating to the environment, to transfrontier co-operation or to local self-government are open to the accession of European or non-European non-member states:

- the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No 104) (non-member states: Art. 20),

- the Convention on the participation of foreigners in public life at local level (ETS No 144) (Art. 13),

- the Convention on civil liability for damage resulting from activities dangerous to the environment (ETS No 150) (not yet in force) (Art. 33),

- the Convention on the protection of the environment through criminal law (ETS No 172) (not yet in force) (Art. 14).

The Committee of Ministers may, after consulting the non-member states which are parties to the conventions (consultation is compulsory, except in respect of the Convention on the participation of foreigners in public life at local level, ETS No 144), formally decide to invite non-member states to accede.

In the case of the Convention on the participation of foreigners in public life at local level (ETS No 144), the Convention on civil liability for damage resulting from activities dangerous to the environment (ETS No 150) and the Convention on the protection of the environment through criminal law (ETS No 172), a decision to issue an invitation has to receive the unanimous agreement of the Council members which have ratified the said conventions. In the case of the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No 104), the decision has to be taken by a two-thirds majority of the votes cast, and by a majority of the representatives entitled to sit on the Committee of Ministers.

Non-member states may not, however, be invited to accede to the Convention on civil liability for damage resulting from activities dangerous to the environment (ETS No 150) or to the Convention on the protection of the environment through criminal law (ETS No 172) until such time as the treaties are in force.

It should be noted that Monaco and Tunisia have already acceded, in 1994 and 1996 respectively, to the Convention on the Conservation of European Wildlife and Natural Habitats (ETS No 104). Morocco was invited in 1988 to accede to this convention, but has not deposited an instrument of accession to date. Algeria and Egypt have expressed their interest, but have not made formal requests to be invited to accede.

The Mediterranean states have not, hitherto, acceded to, or expressed their interest in acceding to, other treaties (“open” or not) relating to the environment or to transfrontier co-operation.

B. Only European non-member states may accede to:

- the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No 106) (non-member states: Art. 10),

- the Additional Protocol to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No 159) (Art. 12),

- Protocol No 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No 169) (not yet in force) (Art. 10),

- the European Landscape Convention (ETS No 176)(not yet in force, opened for signature on 20 October 2000) (Art. 14).

The Committee of Ministers may decide, if all votes cast are unanimously in favour, to invite any European non-member state to accede to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No 106). This invitation has to receive the express agreement of each of the states which has ratified the Convention. Once the Protocols have come into force, any state which has acceded to the Outline Convention will also be able to accede to the Protocols.

Once the European Landscape Convention (ETS No 176) has come into force, the Committee of Ministers will be able to invite any European non-member state to accede, through a decision taken by the majority for which Article 20.d of the Statute provides, and by the unanimous vote of all the member states which are parties to the Convention.

The Outline Convention (ETS No 106) and the Protocols thereto (ETS Nos 159 and 169), together with the European Landscape Convention (ETS No 176), are currently open only to European states. In order to “open” them to non-European states, an amending protocol is necessary.

The European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (ETS No 106) makes no provision for particular amendment procedures. In pursuance of Article 20.d of the Statute of the Council of Europe, a decision to adopt the text of an amending protocol has to be taken by a two-thirds majority of the representatives casting a vote, and by a majority of the representatives entitled to sit on the Committee of Ministers.

The European Landscape Convention (ETS No 176) does provide for an amending procedure. However, this procedure, by its nature, can be applied only to substantive amendments, given that such amendments will come into force only in respect of those parties which have explicitly accepted them. An institutional amendment, such as the “opening” of the treaty to non-European states, has to be applied to all the parties. Thus an amending protocol is necessary to “open” the Convention. A decision to adopt the text of an amending protocol would be taken by the Committee of Ministers, in pursuance of Article 20.d of the Statute of the Council of Europe.

II. Treaties which are not “open”

Only one treaty relating to the environment, to transfrontier co-operation or to local self-government is open neither to European non-member states nor to non-European states:

- the European Charter of Local Self-Government (ETS No 122).

In order to “open” this treaty to non-member states, an amending protocol is necessary. This solution was adopted, for instance, in the case of Protocol No 1 to the European Convention for the prevention of torture and inhuman or degrading treatment or punishment (ETS No 151).

In pursuance of Article 20.d of the Statute of the Council of Europe, a decision to adopt the text of an amending protocol has to be taken by a two-thirds majority of the representatives casting a vote, and by a majority of the representatives entitled to sit on the Committee of Ministers.