The preliminary draft European Landscape Convention - CG (5) 7 Part II

Rapporteur: Pierre HITIER 1 (France)

EXPLANATORY MEMORANDUM

I. LANDSCAPES: THE SETTING FOR OUR FUTURE LIVES

Through its draft European Landscape Convention, the Congress of Local and Regional Authorities (CLRAE) hopes that public authority concern for landscapes will become a political priority issue, since landscape quality is a key factor in the wellbeing of European citizens and the strengthening of a European sense of identity.

Concern for the landscape is a way of protecting the spiritual values and the emotions which bind citizens to their everyday surroundings and enabling them serenely to face a society which is all too frequently expressed only in terms of stock market and common values. Such a society is an illusory and superficial world, and it is sometimes very cold to the deeper human needs.

In most cases, these material values result in landscapes damaged by the uncontrolled spread of urbanisation, the proliferation of business parks, the enormous increase in advertising hoardings, the occasional misguided development of infrastructure for transport and power generation, the construction of non-sustainable tourist facilities, the uniformity of farmland, the neglect of some areas of countryside, over-forestation or under-use of land, deforestation through fire, uncontrolled over-use of the soil, or the dereliction of mining areas. These factors leave the landscape ugly and featureless, significantly reduce native diversity and local characteristics, weaken local residents’ feelings of identity and belonging, and deter visitors from outside.

The lifestyle of a large number of Europeans has been reduced to commercials, hot dogs, superstores and the warped worldview of TV and a certain kind of cinema. Unfortunately, more and more of us are aspiring towards this lifestyle. The economic recession has delayed it somewhat, but it is already noticeable in the lightning pace at which land is being built on, which has left little time for debate and action on landscape issues.

Admittedly, men and women need spiritual values which will inspire them and motivate them to join together in taking such action as is needed and forging a future for tomorrow's Europe. But our deepest ambitions should not be limited to the impossible dreams of mammoth movie productions or superstores and special offers. Far better to become collectively inspired by a “Pan-European Project” for restoring the spirit and identity of Europe.

A major challenge facing politicians today is that of unemployment. The destructive effects of this blight extend to the psychological wellbeing of millions of our fellow citizens. The exclusion which unemployment brings leads in very many cases to a kind of personal and collective depression which exacerbates the material consequences of being out of work.

In fact, giving European citizens an active role to play in the development of their landscapes is a socio-economic undertaking of enormous democratic significance. The human and economic implications of such a strategy would be huge. Given the multidisciplinary nature of the landscape sector, it would lead to the creation of a large number of jobs in the industrial, agricultural and service sectors.

This is probably why we feel it is fair to say that adoption of the convention would mean a pan-European environmental undertaking comparable to the goal of European Monetary Union enshrined in the Maastricht Treaty.

It would thus constitute a “Pan-European Project” which the citizens of Europe would be called upon to put into practice on this their continent, and not just to dream of as a theoretical possibility in front of a computer screen or advertising billboard.

The landscape is not a dream and should be one of the keys to the future European lifestyle. We must create a new culture in which there is a deep understanding between European citizens and their environment. In a number of European countries, this lifestyle, this culture and this understanding already exist. These countries carry a great responsibility because they are role models whose experience must be shared with other European nations still seeking an identity. To us, a “United Europe” means solidarity, dialogue and diversity as both cause and consequence of openness.

The landscape has for too long been the Cinderella of environmental concerns. By means of this draft convention, we have the opportunity today to restore the landscape to its central role in guaranteeing the wellbeing of citizens.

As a body representing local authority interests, in preparing the European Landscape Convention the CLRAE has become aware of the importance which the people of Europe attach to their environment. People now want policies affecting the countryside to be rethought so as to take account of their demands regarding the quality of their surroundings. Among other things, they associate this quality with a sentiment derived above all from a visual perception of their surroundings, ie the landscape. They have come to realise that the quality and diversity of many landscapes have declined as a result of numerous and varied factors, and that this phenomenon adversely affects the quality of their everyday lives.

By means of this initiative, then, the CLRAE has simultaneously acknowledged its responsibility and risen to a challenge. The local and regional elected officials in the CLRAE are responsible for the administration of towns and the surrounding countryside. Hence their political commitment to improving the quality of life of citizens in these towns and country areas.

In view of this role, CLRAE members pay particular attention to the quality of life of those citizens whose interests they manage. They must take account of several non-quantifiable factors, among which people’s living environment is key because it fundamentally affects their delicate relationship with the countryside.

The CLRAE initiative meets the need to offer the people of Europe an international legal safeguard to satisfy their environment and landscape demands. It aims to fill the legal vacuum caused by the absence, at European level, of a specific and comprehensive standard devoted entirely to the conservation, management and enhancement of the European landscape in international legal instruments on the environment, regional planning and the cultural heritage. Existing instruments are frequently restricted in their geographical scope, only address selected landscape issues or approach them from the point of view of protecting or managing other territorial concerns.

An international convention is a dynamic legal instrument which evolves together with the subject-matter of its provisions. It is essential that an international legal instrument intended to take account of landscape values and interests can keep in step with the changing nature of these values and interests. An international instrument on landscape which is not legally binding and which lacks an appropriate monitoring system is liable to remain a dead letter, a mere series of flaccid recommendations which, in time, are liable to lose their relevance to the problems they seek to solve.

Official landscape activities should no longer be merely a field of study or a limited area of action which is the prerogative of certain specialised scientific bodies. Landscape should become a mainstream political subject, since it plays an important role in the well-being of Europe’s citizens, for whom it is no longer acceptable that their surroundings are transformed by technical and economic changes regarding which they have no say. Landscape is the concern of all citizens and lends itself to democratic treatment, particularly at local and regional level.

II. FOUNDATIONS AND PROCEDURES FOR PREPARING THE DRAFT EUROPEAN LANDSCAPE CONVENTION

In March 1994, a few weeks before the first plenary session of the Congress, the Standing Conference of Local and Regional Authorities of Europe, its predecessor, adopted Resolution 256 (1994) on the 3rd Conference of Mediterranean Regions. In this text, the Standing Conference invited the Congress “to draw up, on the basis of the Mediterranean Landscape Charter” – adopted in Seville by the Regions of Andalusia (Spain), Languedoc-Roussillon (France) and Tuscany (Italy) – “a framework convention on the management and protection of the natural and cultural landscape of Europe as a whole”.

One year later, in response to the First Conference of European Environment Ministers (held in Dobríš in June 1991), the European Union's European Environment Agency published Europe’s Environment: The Dobríš Assessment, an in-depth analysis of the current situation and prospects for the environment in a “Greater Europe”. Chapter 8 of the Assessment deals with landscapes, and in its conclusions it formulates the wish that the Council of Europe should take the lead in drawing up a European convention on rural landscape.

In 1995, the IUCN published "Parks for Life: actions for protected areas in Europe" with the support, inter alia, of the Swedish Agency for Environment Protection, the Dutch Ministry of Agriculture, Regional Planning and Fisheries, the Norwegian Ministry of the Environment, the British Countryside Commission, the German Ministry of the Environment, Nature Conservation and Nuclear Reactor Safety, the French Ministry of the Environment and the World Wildlife Fund (WWF). This text recommends the implementation of an international Convention on Rural Landscape Protection in Europe, which would involve the Council of Europe.

In view of these recommendations and the considerations mentioned in Chapter I of this explanatory memorandum, the Congress decided to draw up a draft European Landscape Convention to be adopted by the Council of Europe's Committee of Ministers. In order to draw up this text, in September 1994 the CLRAE set up an ad hoc Working Group, which was composed of members of the CLRAE’s Chamber of Local Authorities and Chamber of Regions and met for the first time in November that same year. In accordance with the principle of consultation and participation, several international, national and regional bodies were invited to take part in the work of the Group. Among these were the Parliamentary Assembly and the Cultural Heritage Committee of the Council of Europe, the Council’s Committee for Activities in the Field of Biological and Landscape Diversity, the UNESCO World Heritage Centre, the IUCN, the Committee of the Regions and the Commission of the European Union, the Bureau for the Pan-European Biological and Landscape Diversity Strategy and the Regions of Andalusia, Languedoc-Roussillon and Tuscany.

In view of the complex scientific nature of this subject and its varied treatment in national legislation, the Working Group drew up, as preparatory documents, a full version of the draft convention in non-legal language and a comparative study of European landscape laws. The study was prepared so as to clarify the legal situation and practices relating to landscape protection, management and planning in the Council member states.

In addition, the Working Group constantly referred during the course of its work to legal instruments which already exist in this field at national and international level. These include the UNESCO Convention on the Protection of the World Cultural and Natural Heritage, the Convention for the Protection of the Architectural Heritage of Europe, the Convention on the Conservation of European Wildlife and Natural Habitats, the European Convention for the Protection of the Archaeological Heritage, Committee of Ministers Recommendations 95(9) on the integrated conservation of cultural landscape areas as part of landscape policies and 79(9) concerning the identification and evaluation card for the protection of natural landscapes, the Mediterranean Landscape Charter, the EC Regulation on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, the EC Directive on the conservation of natural habitats and of wild flora and fauna, the EC Directive on the assessment of environmental effects, and other important legal instruments from national, Community and international sources.

Given the need for democracy and the specific nature, variety and scope of landscape values and of demands in this area, the working group organised two special hearings in Strasbourg, in November 1995 and March 1997, as part of its programme of consultation on the draft convention. The first, held on 8-9 November 1995, was attended by interested national and regional scientific bodies, both private and public, as well as European non-governmental organisations; the second, held on 24 March 1997, was destined for interested international organisations and regional authorities.

Following these hearings, at its 4th plenary session (Strasbourg, 3-5 June 1997) the CLRAE adopted the preliminary draft convention in its Resolution 53 (1997). The draft convention in non-legal language and the comparative study of European landscape laws mentioned above were included as appendices to the Resolution’s explanatory memorandum.

On the same occasion, in Recommendation 31 (1997) the CLRAE requested the Council’s Parliamentary Assembly to examine the preliminary draft convention as contained in Resolution 53 (1997), to give an opinion and, if possible, to express its support. The same request for an opinion and support was made to the EU Committee of the Regions.

Furthermore, before recommending the adoption of the convention to the Committee of Ministers, the CLRAE decided, again in Resolution 53 (1997), to consult the representatives of the national ministries concerned. It therefore requested the working group to organise a Consultation Conference on behalf of those same ministerial representatives and major international and non-governmental organisations with technical expertise in landscape affairs.

Further to the invitation by the Italian Ministry of Cultural Heritage and Environmental Assets, this important conference took place in Florence (Italy) on 2-4 April 1998. The Tuscany Region also contributed to its organisation with the participation of the Florence Municipality.

The CLRAE succeeded, by means of this Consultation Conference, in bringing about constructive dialogue with the national authorities responsible for landscape affairs in the Council of Europe member states. More particularly, thanks to this open informal exchange of views between, on the one hand, the working group members and experts assisting them in drawing up the draft convention, and, on the other, representatives of the ministries responsible for landscape affairs, the CLRAE was able to gain an understanding of these states’ requirements regarding the establishment of common rules on the protection, management and planning of their landscapes through international law.

On the basis of very encouraging results from the Florence Conference and the very positive opinion of the international bodies concerned2 on the preliminary draft Convention, and taking account of the proposals put forward at the aforementioned Hearings, the working group drew up the final draft European Landscape Convention in the form of a draft Recommendation presented to the CLRAE for adoption at its 5th plenary session (Strasbourg, 26-28 May 1998).

This text proposes to recommend that the Committee of Ministers:

a. examine the draft European Landscape Convention appended hereto with a view to adopting it as a Council of Europe convention if possible during the Common Heritage Campaign decided by the Heads of State and Government at their 2nd Summit held in Strasbourg in October 1997, taking account of the draft explanatory report on the draft convention, which is appended to the present explanatory memorandum;

b. in view of the multidisciplinary nature of the subject matter of the draft European Landscape Convention, as part of the intergovernmental process of evaluating the draft convention, refer it concurrently to the Cultural Heritage Committee and to the Committee for the Activities of the Council of Europe in the Field of Biological and Landscape Diversity;

c. invite the Congress to present the above-mentioned draft convention as part of the pan-European intergovernmental activities concerning landscape, in the form of a specific contribution of a Council of Europe body;

The draft Recommendation also calls on the Parliamentary Assembly of the Council of Europe to support the draft European Landscape Convention with a view to its adoption by the Committee of Ministers.

III. THE AIM OF THE PROVISIONS OF THE DRAFT CONVENTION

One of the first objectives of the draft Convention is that citizens be granted an active role in decision-making concerning their landscapes. They will then have an opportunity to identify with the areas and towns where they spend their working and leisure time. If citizens' relationship with their surroundings is strengthened, their local and regional identity and distinctiveness will be consolidated for the benefit of their individual and social fulfilment. Such fulfilment may help to promote sustainable development, as the quality of landscape is an important factor for the success of economic and social initiatives, whether public or private.

In the cause of democracy, the draft Convention repeatedly stresses the importance of public participation in decision-making on landscapes. We must encourage this participation by increasing public awareness, involving all representative bodies in consultation, making use of the media and running educational activities at all levels.

For government decisions and action to reflect the public’s wishes, the latter must be able to express themselves through democratic consultation procedures. The draft convention particularly stresses citizen participation in identifying and evaluating landscapes, and in deciding which operational measures to apply.

It is vital to increase the level of technical expertise of a great many public bodies and representative organisations involved in landscape appraisal and management. The problems raised by the transformation of the landscape must also be tackled, in the relevant subject-areas and with appropriate teaching materials, in educational establishments at all levels, so that pupils and students – the citizens of tomorrow - are made aware of the challenges to their future environment.

Given that public authority acknowledgement of landscape values must be seen as a political strategy whose socio-economic goal is the personal and collective wellbeing of all citizens, the draft Convention encompasses all landscape concerns on member states’ territory.

Only if government landscape action is extended in this way can landscape policy once again become a driving force in the development of society. More widespread action will contribute to building a Europe where individuals have the power to determine the basic characteristics of their surroundings, rather than seeing these imposed by a form of economic development which is inappropriate for the area concerned. Landscape characteristics will finally come close to reflecting the real wishes of the population.

Accordingly, it is proposed that the European Landscape Convention should apply to the entire territory of Europe, whether natural, cultivated, urban or on city outskirts. It will be limited neither to cultural and man-made features alone, nor to natural landscape features, but will concern all of these as well as the links between them. Other grounds for the convention’s universal territorial scope are that rural and urban landscapes are intricately interwoven, that most Europeans live in towns - large or small - where landscape quality strongly influences the local lifestyle, that rural and urban landscapes are important to Europeans, and that our landscapes - especially in the areas round towns and cities - are undergoing far-reaching changes.

In addition to protecting outstanding and unusual landscapes, therefore, the convention must ensure planning for all landscapes, since they all contribute to the quality of life in Europe. It must require that all landscape decisions should be far-sighted, and is likely to have consequences for a very large number of public and private programmes, from the local sphere right up to European level.

In addition to their local importance, each European landscape is significant for the European population as a whole, whose increasing mobility means a greater level of appreciation which extends beyond local territory and national boundaries. Furthermore, because some landscapes are shared across national boundaries, the draft convention also takes account of the wishes of foreign populations by proposing transfrontier programmes.

As I have already explained, the scope of the draft convention extends to all parts of Europe. However, some landscapes are of an outstanding nature and thus of interest to Europe as a whole because of certain unique or unusual features, because they are the home of disappearing activities or endangered lifestyles, or because they bear witness to past human activity and inventiveness.

In order to preserve such landscapes, the draft convention proposes publication of a “List of Landscapes of European Significance”. This was first proposed by the UNESCO World Heritage Committee and would, at European level, complement the World Heritage List established pursuant to the Convention for the Protection of the World Cultural and Natural Heritage. It could also be used as a basis for discussion and as a model for raising public awareness of landscape issues and ensuring proper management of other landscapes. By publishing such a list, the Council of Europe would be sharing with the Contracting Parties its experience in the field of preserving sites of outstanding natural or cultural value.

Still on the subject of international co-operation, the draft convention also includes a very innovative provision aimed at acknowledging efforts made by local and regional authorities to maintain “ordinary” landscapes and promote local recognition of their environmental value. To this end, it proposes conferring a "European Landscape Prize" on local and/or regional authorities which have taken outstanding measures to protect, manage and/or plan their landscapes. These could subsequently be used as models for informing other local and regional authorities of the possible political, administrative, legal, economic and technical steps for maintaining the landscapes under their jurisdiction.

Although the scope of government action on landscapes should be extended to all aspects of the country's landscape, the same procedures and policies are not appropriate for all landscapes.

Procedures and policies will have to be tailored to landscapes which, depending on their features, may require strict conservation, protection, management or planning, and, in some cases, to the need to create new landscapes.

Under the terms of the draft convention, landscape programmes must not be limited to protective measures, which occasionally conflict with economic and social development. Action relating to landscapes must be dynamic and forward-looking and structured around the three main principles of protection, management and planning. Consequently, inasmuch as they determine the form of the landscape which future generations will inherit, all decisions affecting landscapes must be made with a view to the future.

Landscape protection should be afforded, in particular, to those landscapes whose exceptional character - designated as such either because of natural or cultural features or because of their particular value to society - is endangered by new pressures which also threaten to prevent public access. Protective action must be backed up by measures to ensure maintenance and accessibility.

Landscape management consists more of action and measures aimed at responding to the changes caused by economic and social imperatives in order to ensure sustainable development. It may relate to the way landscapes are organised or their separate features, or seek to control the development process by influencing the factors of change. The aim of management should always be to improve landscape quality in the light of the wishes expressed by both resident and non-resident populations.

Landscape planning should be based on regional/spatial planning projects which take account of the existing situation but are also particularly forward-looking. It is most appropriate in regions greatly affected by recent economic or social change or those with a high level of environmental or social deprivation (suburbs, city outskirts, coastal strips etc), the aim being to rebuild damaged landscapes extensively. In addition, it should be accompanied by measures designed to improve the lives of resident populations.

With a view to the implementation of projects for landscape protection, management and planning, the draft convention proposes assistance by legal and/or financial means. However, in order to take account of landscape diversity and different national approaches to landscape conservation, the draft does no more than suggest, in an appendix, a range of possible measures which parties to the convention may apply as necessary. We believe that this solution is a balanced one because it takes account of individual states’ traditions, organisation and practice in the sector.

APPENDIX - Draft Explanatory Report on the Draft European Landscape Convention

I. ORIGINS OF THE CONVENTION

In March 1994, a few weeks before the first Plenary Session of the Council of Europe's Congress of Local and Regional Authorities (CLRAE), the Standing Conference of Local and Regional Authorities of Europe, its predecessor, adopted Resolution 256 (1994) on the 3rd Conference of Mediterranean Regions. In this text, the Standing Conference invited the CLRAE “to draw up, on the basis of the Mediterranean Landscape Charter” – adopted in Seville by the Regions of Andalusia (Spain), Languedoc-Roussillon (France) and Tuscany (Italy) – “a framework convention on the management and protection of the natural and cultural landscape of Europe as a whole”.

One year later, in response to the First Conference of European Environment Ministers (held in Dobríš in June 1991), the European Union’s European Environment Agency published Europe’s Environment: The Dobríš Assessment, an in-depth analysis of the current situation and prospects for the environment in a “Greater Europe”. Chapter 8 of the Assessment deals with landscapes, and in its conclusions it formulates the wish that the Council of Europe should take the lead in drawing up a European convention on rural landscapes.

In 1995, the World Conservation Union (IUCN) published "Parks for Life: actions for protected areas in Europe" with the support, inter alia, of the Swedish Agency for Environment Protection, the Dutch Ministry of Agriculture, Regional Planning and Fisheries, the Norwegian Ministry of the Environment, the British Countryside Commission, the German Ministry of the Environment, Nature Conservation and Nuclear Reactor Safety, the French Ministry of the Environment and the World Wildlife Fund (WWF). This text recommends the implementation of an international Convention on Rural Landscape Protection in Europe, which would involve the Council of Europe.

In view of these recommendations and the growing social demand, the CLRAE decided to draw up a draft European Landscape Convention to be adopted by the Council of Europe's Committee of Ministers. In order to draw up this text, in September 1994 the CLRAE set up an ad hoc Working Group, which was composed of members of the CLRAE’s Chamber of Local Authorities and Chamber of Regions and met for the first time in November that same year. In accordance with the principle of consultation and participation, several representatives from international, national and regional bodies and programmes were invited to take part in the work of the Group. Among these were the Parliamentary Assembly and the Cultural Heritage Committee of the Council of Europe, the Council’s Committee for Activities in the Field of Biological and Landscape Diversity, the UNESCO World Heritage Committee and Centre, the IUCN, the Committee of the Regions and the Commission of the European Union, the Bureau for the Pan-European Biological and Landscape Diversity Strategy and the Regions of Andalusia, Languedoc-Roussillon and Tuscany.

In view of the complex scientific nature of this subject and its varied treatment in national legislation, the Working Group drew up, as preparatory documents, a full version of the draft convention in non-legal language and a comparative law study. The study was prepared so as to clarify the legal situation and practices relating to landscape protection, management and planning in the Council of Europe's member states and in the international law.

In addition, the Working Group constantly referred during the course of its work to legal instruments which already exist in this field at national and international level. These include the UNESCO Convention on the Protection of the World Cultural and Natural Heritage, the Convention for the Protection of the Architectural Heritage of Europe, the Convention on the Conservation of European Wildlife and Natural Habitats, the European Convention for the Protection of the Archaeological Heritage, Committee of Ministers Recommendations 95(9) on the integrated conservation of cultural landscape areas as part of landscape policies and 79(9) concerning the identification and evaluation card for the protection of natural landscapes, the Mediterranean Landscape Charter, the EC Regulation on agricultural production methods compatible with the requirements of the protection of the environment and the maintenance of the countryside, the European Community (EC) Directive on the conservation of natural habitats and of wild flora and fauna, the EC Directive on the assessment of environmental effects, and other important legal instruments from national, Community and international sources.

Given the need for democracy and the specific nature, variety and scope of landscape values and of demands in this area, the working group organised two special hearings in Strasbourg, in November 1995 and March 1997, as part of its programme of consultation on the draft convention. The first, held on 8-9 November 1995, was attended by interested national and regional scientific bodies, both private and public, as well as European non-governmental organisations; the second, held on 24 March 1997, was destined for interested international organisations and regional authorities.

Following these hearings, at its 4th plenary session (Strasbourg, 3-5 June 1997) the CLRAE adopted a preliminary draft convention in its Resolution 53 (1997). The draft convention in non-legal language and the comparative study of European landscape laws mentioned above were included as appendices to the Resolution’s explanatory memorandum [CG (4) 6 Part II].
On the same occasion, in Recommendation 31 (1997) the CLRAE requested the Council’s Parliamentary Assembly to examine the preliminary draft convention as contained in Resolution 53 (1997), to give an opinion and, if possible, to express its support. The same request for an opinion and support was made to the European Union's Committee of the Regions.

Furthermore, before recommending the adoption of the convention to the Committee of Ministers, the CLRAE decided, again in Resolution 53 (1997), to consult the representatives of the national ministries concerned. It therefore requested the working group to organise a Consultation Conference on behalf of those same ministerial representatives and major international and non-governmental organisations with technical expertise in landscape affairs.

Further to the invitation by the Italian Ministry of Cultural Heritage and Environmental Assets, this important conference took place in Florence (Italy) on 2-4 April 1998. The Tuscany Region also contributed to its organisation with the participation of the Florence Municipality.

The CLRAE succeeded, by means of this Consultation Conference, in bringing about constructive dialogue with the national authorities responsible for landscape affairs in the Council of Europe member states. More particularly, thanks to this open informal exchange of views between, on the one hand, the working group members and experts assisting them in drawing up the draft convention, and, on the other, representatives of the ministries responsible for landscape affairs, the CLRAE was able to gain an understanding of these states’ requirements regarding the establishment of common rules on the protection, management and planning of their landscapes through international law.

On the basis of very encouraging results from the Florence Conference and the positive opinion of the international bodies concerned3 on the preliminary draft Convention, and taking account of the proposals put forward at the aforementioned Hearings, the working group drew up the final draft European Landscape Convention in the form of a draft Recommendation presented to the CLRAE for adoption at its 5th plenary session (Strasbourg, 26-28 May 1998).

The Recommendation, which was adopted by the CLRAE on 27 May 1998, asked the Committee of Ministers to examine the draft European Landscape Convention with a view to adopting it as a Council of Europe convention, if possible during the Heritage Campaign decided by the Heads of State and Government at their 2nd Council of Europe's Summit in October 1997.
The above Recommendation also called on the Parliamentary Assembly of the Council of Europe to support the draft European Landscape Convention with a view to its adoption by the Committee of Ministers.

II. GENERAL REMARKS

Europe’s populations wish to be assured that policies and instruments with an impact on their territories take account of their demands regarding the quality of their surroundings. They consider that this quality depends to some extent on the feeling they derive from contemplating the landscape and have come to realise that the quality and diversity of many landscapes are declining as the result of a wide variety of factors and that this trend is having an adverse effect on the quality of their everyday lives.

The official landscape activities should no longer be merely a field of study or a limited area of action which is the prerogative of certain specialised scientific bodies.

Landscape should become a mainstream political subject, since it plays an important role in the well-being of Europe’s populations, for whom it is no longer acceptable that their surroundings are transformed by technical and economic changes regarding which they have no say. Landscape is the concern of all citizens and lends itself to democratic treatment, particularly at local and regional level.

If populations are granted an active role in decision-making concerning their landscapes, they will have an opportunity to identify with the areas and towns where they spend their working and leisure time. If populations relationship with their surroundings is strengthened, their local and regional identity and distinctiveness will be consolidated for the benefit of their individual, social and cultural fulfilment. Such fulfilment may help to promote sustainable development, as the quality of landscape is an important factor for the success of economic and social initiatives, whether public or private.

The general purpose of the Convention is to enjoin public authorities to take policies and measures at local, regional, national and international levels for the purpose of protecting, managing and planning landscapes throughout Europe so as to improve their quality and secure the recognition of populations, institutions and local and regional authorities for landscape values and interests.

The above policies and measures should cover all forms of landscape in a state’s territory. In this respect, the Convention applies to all parts of the European territory, including natural, rural, urban and peri-urban areas. It is not confined to either the cultural or man-made, or to the natural, components of landscapes: it refers to all these elements and to relations between them.

Extending the scope of official landscape action to cover the whole of a national territory does not imply that the same measures and policies should be applied to all landscapes; on the contrary, measures and policies should be adaptable to individual landscapes, which, depending on their specific characteristics, need various forms of treatment ranging from the strictest kind of conservation via protection, management and planning to actual creation.

The Convention demands a forward-looking attitude on the part of all those whose decisions affect the protection, management, or planning of landscapes. It has implications for many areas of official policy and of official or private action, from the local to the European level.

In addition to their local significance, Europe's landscapes possess values for Europe's population as a whole. They are cherished beyond their locality and outside national frontiers. Moreover, certain landscapes have identical characteristics on either side of the borders and therefore require transfrontier measures to implement the principles of action. Finally, landscapes bear the consequences, whether positive or negative, of processes which may originate in other areas and of which the impact is not contained by frontiers. That is why it is legitimate to be concerned with landscapes at European level.

A number of existing international legal instruments have some bearing upon landscape, either directly or indirectly. However, there is no international legal instrument that deals directly, specifically and comprehensively with European landscapes and the preservation of their quality, despite their immense cultural and natural value and the many factors threatening them. This Convention is designed to fill that major gap.

A Convention is a dynamic legal instrument which evolves together with the subject-matter of its provisions. It is essential that an international legal instrument intended to take account of landscape values and interests can keep in step with the changing nature of these values and interests. An international instrument on landscape which is not legally binding and which lacks an appropriate monitoring system is liable to remain a dead letter, a mere series of flaccid recommendations which, in time, are liable to lose their relevance to the problems they seek to solve.

A Convention also has the advantage of applying over an indefinite period into the future, and of being implemented under the guidance of an international entity, in this case the Committee of Ministers of the Council of Europe, which can ensure that the interpretation of the Convention evolves over time in response to the development of ideas relating to landscape.

The European Landscape Convention is seen as being complementary to existing international legal instruments, such as:

a. the Convention for the Protection of World Cultural and Natural Heritage, Paris, November 1972 (UNESCO);

b. the Convention on the Conservation of European Wildlife and Natural Habitats, Bern, September 1979 (Council of Europe);

c. the Convention for the Protection of the European Architectural Heritage, Granada, October 1985 (Council of Europe);

and to international initiatives such as the Pan-European Biological and Landscape Diversity Strategy. Provision is made in the European Landscape Convention for formal links to be established where appropriate between the mechanisms of the Convention and these other instruments or initiatives.

The European Landscape Convention is expressed in fairly broad terms, vis-a-vis the action to be taken by the signatory States, in the belief that the legal, administrative, fiscal and financial arrangements made in each country to serve the purposes of the Convention should be such as relate most comfortably to that country's traditions. Moreover, it is recognised that on the basis of the principle of subsidiarity, responsibility for action related to landscape lies with public authorities at local and regional, and not only at national and international levels.

The text of the European landscape Convention contains a preamble and then four main sections:

a. Chapter I, setting out the objective and scope of the Convention, plus relevant definitions;

b. Chapter II, stating the measures to be taken at national level;

c. Chapter III, stating the basis for European cooperation and the measures to be taken at international level, including the role of the Committee of Ministers of the Council of Europe;

d. Chapter IV, containing the procedures for adoption of the Convention, and related matters;

An Appendix contains examples of actions which can be taken to protect, manage and plan landscapes: this is designed to be helpful to member States, regional and local authorities and others as they consider how to implement the purposes of the Convention.

III. COMMENTARY ON THE CONVENTION'S PROVISIONS

Chapter I - General Provisions

Article 1

This Article offers a series of definitions of terms which are used in the convention, in order to ensure a common interpretation of these terms by those who wish to pursue the well-being of Europe's landscapes.

"Landscape" is defined as a area or land, which may include coastal or inland waters, as it is perceived by human beings, the appearance of which is determined by the action and interaction of natural and cultural (i.e. human) factors. This definition embraces the concept of the evolution of landscapes over time, in response to natural forces and to the action of human beings. It emphasises also the idea of the landscape as an indivisible whole, in which natural and cultural elements are considered together and not separately.

Definitions are then offered of three expressions which are used frequently in the Convention, namely "protection", "management" and "planning" of landscape;

a. "Landscape protection" is the action which is deliberately taken to maintain the existing character and quality of a landscape which is highly valued by those who live there or by a broader public because of its particular natural or cultural form.

b. "Landscape management" is the action which is taken, within the principles of sustainable development, to ensure the regular maintenance of a landscape and to ensure its harmonious evolution to meet economic and social needs.

c. "Landscape planning" is the formal process of plan-making, design and construction by which fine new landscapes may be consciously created to meet the aspiration of local populations.

In each area of landscape, the balance between these three types of activity will depend upon the character of that area and the objectives that are agreed in relation to its future landscape. Some areas, such as certain national parks, may merit the most strict protection. At the other extreme may be areas whose landscapes are extensively despoiled and need radical renewal. Most landscapes need a combination of the three modes of action; and all landscapes need some degree of management, since no part of the intensively used continent of Europe is exempt from natural change or from human influence.

In choosing the right balance between protection, management and planning of a landscape, it should be remembered that the aim is not the preservation, or "freezing", of landscapes at some particular point in their long evolution. Landscapes have always changed, both through natural processes and through human action. The aim rather should be to manage future change in a way which recognizes the great diversity and the quality of the landscapes that we inherit; and which sustains and even enriches that diversity and quality, rather than allowing it to diminish.

Finally, a definition is offered of "landscape quality objectives", which (under Article 6.IV of the Convention) should be prepared by public bodies in close consultation with local populations, in order to express their aspiration for the future of the landscapes which are the setting for their lives.

Article 2

This Article makes plain that the Convention applies to all parts of the European territory, including natural, rural, urban and peri-urban areas. It concerns ordinary or everyday landscapes no less that outstanding ones, since they all decisively influence the quality of the surroundings in which Europe's populations live. It embraces everyday or ordinary landscapes, as well as outstanding and exceptional ones. This comprehensive geographical coverage is justified because every landscape forms the setting for the lives of its local population; because urban and rural landscapes interlock in complex ways; because most Europeans live in towns and cities, the quality of whose landscapes greatly affects their lives; and because rural landscapes occupy an important place in the European consciousness. It is also justified by the profound changes which European landscapes, particularly peri-urban ones, are now undergoing.

Article 3

This Article states the Objective of the Convention, which is to commit Contracting Parties to ensure the protection, management and planning of landscapes throughout Europe through the introduction of national measures and the organisation of international co-operation. Chapter II (articles 4 to 6) and Chapter III (articles 7 to 12) of the Convention concern respectively national measures and international co-operation.

Chapter II - National Measures

Article 4

This Article provides that each signatory State shall establish, within its own legal framework, the most appropriate level of government at which action related to landscape should be taken, bearing in mind the principle of subsidiarity laid down in the European Charter of Local Self-Government. This implies that local and regional authorities, and formal groups of such authorities, should be given assurance of formal involvement in implementing the Convention.

Local and regional authorities have the necessary administrative powers and human and financial resources. The protection, management and planning of landscapes will be more effective if responsibility for these operations is entrusted, within a legislative framework laid down at national level, to the authorities closest to the practical realities of the areas concerned and to the populations who help to create landscapes and are in daily contact with them. Each country should precisely define the tasks and measures for which each level - national, regional and local - is responsible; and should lay down rules for co-ordinating such measures between these levels, especially as far as town and country planning instruments are concerned.

Article 5

This Article summarises the main lines of action that are needed in order to implement the Convention within each signatory State. These include action:

a. to establish the legal principle that landscape is an essential component of the setting for people's lives, an expression of the diversity of their common cultural, ecological, social and economic heritage, and the foundation of their local identity. It may be noted that many European states already make reference to the landscape in their constitutions or in legislation related to the natural or cultural heritage or the environment;

b. to define and implement policies aimed at the protection, management and planning of landscapes in keeping with the provisions of the Convention;

c. to lay down procedures for the participation of the general public, local and regional authorities and other parties interested in the definition and implementation of the policies mentioned above. Landscape is an issue which affects the whole population: care for the landscape is a matter for partnership between a very wide range of individuals and organisations;

d. to accommodate landscape systematically in its town and country planning policies and in its cultural, environmental, agricultural, social, and economic policies, as well as in other sectoral policies which may have direct or indirect impact on the landscape. The point of this provision is that landscape is not some narrow theme, to be treated as a specialist sector of public affairs. It is a wide, encompassing concept and reality, and it can be affected for good or ill by actions across many sectors. It is therefore necessary that governments ensure that the objectives related to landscape are taken into account across all relevant sectors of public life.

Article 6

This Article relates to particular measures to be taken by Contracting Parties at national, regional or local level.

Paragraph I

This paragraph relates to the crucial issue of public awareness. Every citizen has a share in the landscape, and in the duty of looking after it. The well-being of landscapes is thus closely linked to the level of public awareness. Contracting Parties are therefore asked to commit themselves to conduct campaigns to inform and raise the awareness of the public, and of elected representatives and associations, related to the value of landscapes at present and in the future.

Paragraph II

This paragraph relates to training and education. The protection, management and planning of landscapes can be a complex matter, involving many different public and private agencies and multi-disciplinary work across many professions. Contracting Parties are therefore asked:

a. to ensure that high-quality training is provided for specialists in landscape appraisal and operational work;

b. to promote multi-disciplinary in-service training in landscape matters for elected members and technical staff of local, regional and national government and other relevant public and private-sector bodies. The aim of this is to increase the technical capacities of the responsible bodies in the field of landscape. These bodies may include professional organisations concerned with regional planning, environment and heritage management; with the use of land by agriculture, tourism and industry; or with building and infrastructural works;

c. to develop school and university courses which, in the relevant subject areas, address the values attaching to landscapes and the issues raised by their protection, management and -planning, so that young people become aware of the environmental problems which they will one day encounter as citizens.

Paragraph III

This paragraph outlines the work which is needed to identify and evaluate landscapes, in order to lay a sound basis for the long-term action to protect and enhance their quality. Such action must be based on detailed knowledge of the specific characteristics of landscapes, their processes of change and the values which people attribute to them.

Sub-paragraph 1a. requires Contracting Parties to initiate research and studies which will identify landscapes and analyse their characteristics and the dynamics and pressures which affect them. In some countries, nationwide work has already been done to survey and record landscapes. This work has revealed the distinctive landscape character of different areas, each with its own mixture of natural and man-made elements. Modern techniques of computerised mapping, and geographical information systems, are used to show up the character of landscapes, such as the physical relief, the settlement pattern, the main land uses, the presence or absence of features such as hedgerows or terraces, and the heritage of past human activity and of wildlife habitats. Such mapping, linked to fieldwork by professionals and to surveys among local people, can reveal the way in which the landscape of one area differs from that of another.

Sub-paragraph 1b requires Contracting Parties to determine the value or quality of the landscapes thus identified, taking into account the particular values assigned to them by the general public and by interested parties, such as those who own the land or are involved in its use and management. The point of this evaluation is to provide a basis for judging what elements, in the landscape of an area, are so valuable that they should be protected; what features need management in order to sustain the quality of the landscape; and what elements or areas should be considered for beneficial change. This process must take into account the attitudes to the landscape among local people and sectoral interests: these attitudes may well be highly subjective and varied. It may therefore be useful to do the evaluation first according to objective criteria, then compare this with the diverse values attributed to the landscape by local people and other interests. This comparison may be the subject of a public inquiry where everyone has the right to express opinions and/or to negotiate with the various interested parties. Public participation in these processes may be fostered through public information, consultation with all representative bodies, use of the media and educational campaigns at all levels.

Sub-paragraph 2 refers to the benefits which may come, in this respect, from the international exchange of experience and ideas which is provided for in later Articles. There is no universally acknowledged method for studying, identifying and evaluating landscapes, but a considerable body of knowledge already exists and should be used. International co-operation will encourage countries to take action; will ensure the pooling of knowledge and experience concerning landscapes and their values as well as current problems and policies; and will make it possible to determine what landscapes or problems warrant international consideration.

Paragraph IV

This paragraph commits the Contracting Parties to define landscape quality objectives for the landscapes which have been identified and evaluated, and to do so by means of public consultation at local level. Before any measure is taken for the protection, management and planning of a region's landscapes, it is essential to provide the public with a clear definition of the objectives to be pursued. These objectives should be laid down and announced by the relevant local or special authority, in consultation with the general public and all relevant interests. The objectives may be set within the more general framework of a policy conducted by regional authorities or the central government. The definition of objectives should clearly indicate the special features and qualities of the landscape concerned; the general thrust of the policy for that landscape; and the specific elements in the landscape to which protection, management or planning should apply. It should then indicate the instruments which it is intended to use to achieve the objectives.

Paragraph V

This paragraph commits Contracting Parties to put in place specific legal, administrative, fiscal or financial measures related to the protection, management and planning of landscapes. These measures are widely varied, and have been pioneered in member States. The Appendix to this Convention, on which further comment appears below, provides examples of such measures, in order to assist member States, regional and local authorities and others as they consider how to implement the purposes of the Convention. It is for each State to develop and introduce a range of measures that is appropriate to the needs of its landscapes and to its legal and other traditions.

Chapter III - European Cooperation

Article 7

This Article sets the scene for the international dimensions of the Convention by giving formal recognition that European landscapes constitute a common resource, or a cultural, social and economic heritage, which is shared by all the peoples of Europe. This sharing implies that all European countries have a duty to cooperate in the protection, management and planning of this common heritage. This European dimension is emphasised in the General Remarks, above. The care of landscapes everywhere in Europe can be illuminated and enhanced by international exchange of experience and ideas.

Article 8

This article provides for the Contracting Parties to:

a. to give each other technical and scientific assistance in landscape matters, through the pooling of experience and the mutual disclosure of research projects;

b. to foster the exchange of landscape specialists, in particular for purposes of training and information;

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

Recent years have seen a burgeoning of political, professional and academic interest in the subject of landscapes, and thus the development of a growing body of experience and expertise on which member States, local and regional authorities and others can draw as they seek to implement the Convention. At the same time, the means for such exchange of ideas (and indeed for the technical aspects of the study of landscapes) have been radically enhanced by the growth of electronic communications and the arrival of the Internet. These developments make possible the exchange of ideas, and of mutual support, on a basis far more widespread than was possible even a decade ago; and thus permit the involvement in that exchange of actors at local level throughout Europe, enabling a true "democracy of landscape".

Article 9

This Article provides for the Parties to set up transfrontier programmes for the identification, evaluation, protection, management and planning of landscapes which cross national frontiers. In doing so, they are asked to rely as far as possible on local and regional authorities, under the terms of the Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities in Europe.

Article 10

This Article charges the Committee of Ministers of the Council of Europe with the responsibility for promoting and supervising the application of the Convention. To this end, the Committee of Ministers may seek the help of other elements within the Council of Europe, such as the Congress of Local and Regional Authorities of Europe and the existing intergovernmental steering committees. The aim is to create a mechanism at European level which has a clear responsibility for ensuring that the Convention is implemented. This mechanism must:

a. leave the broad decision-making clearly with Member States, and particularly those which are Parties to the Convention;

b. provide links with other international initiatives, such as the Pan-European Biological and Landscape Diversity Strategy;

c. be seen to cover all the landscapes of Europe, to embrace both culture and nature, and to operate on a truly multi-disciplinary basis;

d. enlist the energies of local and regional authorities, and draw upon the expertise and energy of relevant international non-governmental organisations and individual experts;

e. enlist the help of the great pan-European network of bodies involved in research, policy and practice in the landscape field, in order to raise standards and promote awareness among the peoples of Europe.

The functions to be performed by the Committee of Ministers in their task of promoting and supervising the application of the Convention are set out in paragraph 2. These functions reflect the scale of the great positive challenge which animates the Convention, which is to raise the whole level of public and political awareness of landscape heritage throughout Europe, and to encourage action in all countries to care for the quality of landscapes by vigorous application of the principles set out in the Convention. The role of the Committee of Ministers is one of positive encouragement, to stimulate and enthuse action and innovation throughout Europe, for the well-being of all landscapes. This should be done on the basis of science and professionalism, so as to ensure high quality in the work and to achieve an agreed level of consistency in what is done in different parts of Europe.

The Committee of Ministers is therefore empowered to give an intellectual lead to the Europe-wide process which the Convention is designed to initiate. This leadership will be reflected in the preparation and adoption of guidelines for the work to be done at national level, including the identification and evaluation of landscapes, the statement of landscape quality objectives and the operational measures for protection, management and planning of landscapes. The Committee will promulgate these guidelines, and will make recommendations to the Contracting Parties as to the measures which they might take in relation to landscape. In particular, they may draw the attention of these States to landscapes which are threatened. They may promote programmes to raise public awareness of landscapes, to train landscape specialists, and to exchange information and research.

The Committee of Ministers will also have a vital role in the pursuit of the action to be taken at European level. It will promote cooperation between Contracting Parties, including mutual help and exchange of information and expertise; and encourage programmes for the protection, management and planning of transfrontier landscapes. It will establish criteria for, and oversee, the conferment of the European Landscape Prize (see Article 11 below). Similarly, it will establish criteria for, and oversee, the registration of landscapes on the List of Landscapes of European Significance (see Article 12 below). It may facilitate European cooperation in landscape matters by such means as raising voluntary financial contributions from public and private bodies, over and above the normal contributions of the Contracting Parties. It might, for example, form a European Landscape Fund, to be financed by commercial, charitable and other sources and to be used to stimulate beneficial action of all kinds related to landscape.

Article 11

This Article provides for the Committee of Ministers to award a European Landscape Prize to a local or regional authority, or a group of such authorities (whether within one country or on a transfrontier basis), which has put in place policies or measures for the protection, management and/or planning of landscapes which are proved to have lasting value and which can serve as an example to other authorities throughout Europe.
This Prize is intended as a stimulus to a process, which may be launched by States throughout Europe, to encourage and recognise high-quality stewardship of landscapes by local and regional authorities. The European Landscape Prize may thus become the "crown" or climax of a process managed at national level, possibly including a matching series of national competitions and, possibly, a financial support for the local and regional authorities concerned.

Paragraph 1 provides for local and regional authorities, or groups of them, to apply for the Prize, through their member State. This will enable the Contracting Party to appraise the applications, possibly in the context of a national competition which might carry national prizes or awards, and to put forward to the Committee of Ministers one national winner or a limited number of candidates for consideration for the European Prize.

Paragraphs 2 to 4 enable the Committee of Ministers to define and publish criteria by which candidates for the Prize will be assessed; to receive nominations from States; and to award a Prize.

Paragraph 5 provides that those authorities or groups who win a Prize shall thereby accept an obligation to ensure the protection, management and planning of the landscape concerned on a lasting basis.

Article 12

This Article provides for the creation, by the Committee of Ministers, of a List of Landscapes of European Significance.

As emphasised earlier in this Explanatory Report, this Convention is designed to stimulate the protection, management and planning of all the landscapes of Europe. However, some landscapes possess are of interest to Europe as a whole. This interest may lie in their specificity; their rarity; the fact that they represent works produced by activities or lifestyles in danger of disappearing; the testimony they bear to the efforts or incentiveness of past societies, or to a contemporary trend of widespread significance; or the fact that they have inspired writers and artists, attracted visitors or acquired a celebrity extending far beyond their region.

Paragraph 1 provides that this interest may be recognised by registering such landscapes on a List of Landscapes of European Significance, thus drawing attention to their special importance and helping to ensure that they receive the high quality of stewardship which that importance justifies.

Paragraph 2 enables the Committee of Ministers to define and publish criteria by which to determine what landscapes are of European significance. It provides that such landscapes must already be recognised at national level as having special importance.

Paragraphs 3 and 4 enable Contracting Parties to submit proposals concerning landscapes which might be registered as Landscapes of European Significance: this can include proposals from two or more States in relation to transfrontier landscapes. The proposals must be accompanied by technical documents which identify and evaluate the landscape concerned and justify its European significance by reference to the criteria published by the Committee of Ministers.

Paragraphs 5 and 6 require that the Committee of Ministers then consult the Contracting Party, and relevant local or regional authorities and interested organisations, and decide whether or not the landscape should be registered on the List of Landscapes of European Significance. A landscape may only be placed on the List with the consent of the relevant member State.

Paragraphs 7 to 9 set out the effects of the registration of a landscape on the List of Landscapes of European Significance. The aim is that such landscapes shall receive a special measure of protection, and shall serve as models for proper management of landscapes and for campaigns of public information and awareness-raising. When a landscape is registered on the List, the relevant States undertake to ensure its special protection, on the basis of conditions laid down by the Committee of Ministers; and to present to the Committee of Ministers, every 3 years, a report on the progress of that protection. The Committee of Ministers has the power to remove a landscape from the List if the conditions or criteria are not met.

Paragraphs 10 to 12 deal with the relations between (on the one hand) the proposed List of Landscapes of European Significance and (on the other hand) the World Heritage List which is prepared under the UNESCO Convention for the Protection of the World Cultural and Natural Heritage. Of recent years, a number of landscapes in Europe and elsewhere have been placed on the World Heritage List, on the basis of criteria developed by UNESCO. It is necessary to ensure that no confusion or conflict is caused by the application of the two distinct Conventions. These paragraphs therefore provide that the registration of landscapes on the List of Landscapes of European Significance may be independent of or additional to their inclusion in the World Heritage List; and that there shall be close liaison between the Committee of Ministers and the UNESCO World Heritage Committee, including the possibility of a formal agreement. They provide also for liaison between the Committee of Ministers and other international organisations or inter-governmental programmes involved in the protection, management and planning of landscapes in Europe. These programmes may include, for example, the Pan-European Biological and Landscape Diversity Strategy.

Chapter IV - Final Clauses

Articles 13 to 19

The final clauses contained in Articles 13 to 19 are based on the model final clauses for conventions and agreements concluded within the Council of Europe.

IV. COMMENTARY ON THE APPENDIX TO THE CONVENTION

The Appendix to the Convention provides examples of specific legal, administrative, fiscal or financial measures which may be used by Contracting Parties in order to implement the protection, management and planning of landscapes. These measures are widely varied, and have been pioneered in member States. The Appendix is intended not as a definitive list, much less as placing any detailed obligation on Contracting Parties, but rather as an aid to States, regional and local authorities and others as they consider how to implement the purposes of the Convention. It is for each State to develop and introduce a range of measures that is appropriate to the needs of its landscapes and to its legal and other traditions.

Clause 1 refers to the preparation of long-term plans or programmes to determine the nature of the landscapes that will be passed on to future generations. Such plans or programmes may be seen as a formal version of the objectives which are provided for under Article 6.IV of the Convention. They may be particularly appropriate for areas, such as those on the edge of cities, which are undergoing progressive or radical change. Such areas may need a comprehensive programme for economic and social development and for the protection, management and planning of landscapes. The challenge is to ensure that the required development, and the evolution of the landscape, are fully reconciled with each other within a single plan or programme.

Clause 2 refers to the challenge of creating new landscapes in areas which have been severely despoiled, for example by industrial development, mining or military activity; in areas which are under rapid landscape change, such as those on the edge of cities; or where major new opportunities occur, for example during reclamation of land from the sea. In such areas, there is particular need for the preparation of clear objectives for their long-term enhancement; for the production of plans and programmes which will realise these objectives, in full consultation with local populations; and for a major co-operative effort among all public and private bodies to pursue those programmes. All who are involved should be conscious of creating new landscapes of high and distinctive quality, respecting the constraints of nature and seeking to express national cultures in modern yet durable ways.

Clause 3 relates to the incorporation of landscape issues in the policies which apply to areas which already have some protected status as natural zones or cultural sites. The point of this is that there are, throughout Europe, a very large number and wide variety of sites and areas which have been given special status by reference to their value as wildlife habitats or for their natural beauty or cultural heritage. Landscape is a wider concept than some of the objectives which are applied to such areas: it embraces culture and nature, and incorporates the idea of sustainable development. Governments and local authorities may wish to ensure that the objectives and programmes which apply to such areas are widened to embrace the full width of the landscape concept.

Clause 4 deals with the potential for giving some landscapes a special status, in order better to ensure their long-term stewardship. This special; status may be justified by the rarity or special quality of the landscape, its cultural or natural interest, or some other specific reason. The status given may imply a high degree of protection, such a regional park or reserve; or, by contrast, the need for radical change and enhancement of the landscape, as in areas that have been gravely despoiled by industrial or mining activity; or some other combination of issues. The process of identifying and evaluating a landscape, and preparing objectives for its future, may suggest to the relevant authorities that those objectives will be best served by giving to that landscape a special status embodied in a special designation. That status should be provided for under national or regional laws, or local regulations. The assignation of special status to an area should be done only after consultation with the local population and all interested parties, and should be accompanied by clear published indications of the measures of protection, management or planning that will accompany the special status. The relevant authorities should then ensure that mechanisms are put in place, and adequate powers and resources are available, to ensure that these appropriate measures of protection, management and planning are actually taken.

Clause 5 refers to the inclusion of landscape objectives and policies in all activity related to town and country planning. This is a sphere of public administration which strongly influences the pattern of infrastructure and development operations and the use of land. It is therefore an effective means of preventing developments that would impair the quality of a landscape; and, more positively, it can foster developments conducive to the protection, management and planning of landscapes. It is therefore vital that the quality and diversity of landscapes, and the objective related to their protection, management or planning be enshrined in town and country planning regulations at national, regional and local levels. Each level should thus draw up landscape policies which form a graduated whole, starting with a general planning policy or a national or regional "framework law" and ending with local development plans, development control systems and local regulations consistent with the principles of sustainable development.

Clause 5 also refers to the inclusion of landscape considerations in environmental impact assessments (EIA), which have become a significant part of the town and country planning system. The European Commission regulations related to EIA do refer to landscape, and are gradually being extended in the field of their application. Members States and local and regional authorities may reflect this in their own EIA systems.

Clause 6 refers to the inclusion of landscape policies in all the relevant activities of government agencies at national, regional and local level. This may include their programmes for carrying out major public works and infrastructure schemes; their sectoral policies concerning (for example) environment, agriculture, forestry, transport and industrial or tourist development; and their contributions to international programmes such as those funded by the European Union. Such policies and programmes can have major impact, for good or ill, upon the quality and diversity of the landscape. In recent years, governments have increasingly reflected the values of landscape in public programmes, for example those which relate to:

a. State programmes of forestry, in which regimes based on monoculture and on large-scale clear felling are being replaced by a greater admixture of native species and by patterns of planting and felling which sustain the quality of the landscape;

b. the creation of water-supply reservoirs, where increasing care is placed upon the landscaping of the marginal lands and upon recreational use of the water and the shoreline;

c. the construction of motorways, where the alignment and landscaping are increasingly designed to bring positive benefit to the landscape and to the views enjoyed by the motorist. Changes of this sort, to give greater prominence to landscape considerations in all public works, are needed throughout Europe.

Clause 7 refers to the use of financial and fiscal incentives to encourage action by private landowners and others to protect, manage and enhance landscapes. Such incentives should be adapted to the different types of landscapes and to the specific needs of local communities. The incentives may take (for example) the form of grants towards the costs of works involved in the maintenance of cultural landscapes, historic buildings or natural habitats; payments under contracts of the type outlined under Clause 8 below; or tax incentives to secure the protection of significant landscapes. The British system of 'heritage tax exemption' permits the owners of landscapes which are judged by the government to be of high heritage value to escape inheritance tax on those lands, in return for management agreements between the State and the owners which provide for high-quality maintenance of the landscapes and the provision of reasonable public access to them.

Clause 8 refers to the drawing up of contracts between (on the one hand) public or private bodies and (on the other hand) farmers, landowners and non-government bodies, in order to secure the protection , management or planning of landscapes. A major example of these contracts is provided by the "agri-environment" schemes which are funded by the European Union and many of its members states. The aim of these schemes is to encourage work by farmers and others to protect and to enhance, or even to re-create, features in the landscape which are valuable and characteristic of their particular areas. The background to these schemes is that many of the most-valued cultural landscapes in Europe were created by, and reflect, traditional ways of rural life. The protection of such landscapes depends upon the continuation, in modern form, of the way of life that created them: but features such as terraces and dry-stone walls, even whole villages, will collapse if they are not maintained. The challenge is to enable the way of life to continue, at a viable standard of living. Under the contracts, the farmers or landowners agree to maintain specific features in the landscape, in return for annual or capital payments from the public bodies.

Clause 9 refers to the responsibilities of private owners of land and property in relation to the protection, management and planning of landscapes. Public bodies may consult and involve these owners in the course of identifying and evaluating landscapes and formulating objectives for the future of these landscapes; and may then call upon them to play their part in carrying through those objectives.

Clause 10 refers to lands which are owned or controlled by national, regional or local authorities, or by other public, semi-public or non-profit bodies. These areas include, for example, many national parks, nature reserves or regional parks throughout Europe; but they also embrace areas owned for other primary purposes, such as defence, education, water supply or the generation of electricity. Such lands provide a vital opportunity for these bodies to set an example of high-quality stewardship of the landscapes involved, and also where appropriate to open up landscapes to public access. The same principle applies to lands owned by other public or private bodies, such as railway, mining, electricity or banking companies, whose owners may enhance their public image by subjecting their properties to landscape protection, management and planning techniques consistent with the principles of sustainable development. Member States may encourage exemplary action of this kind by all public, semi-public, non-profit and prominent private organisations.

Clause 11 refers to other forms of intervention that may be made by public bodies in order to protect exceptional or seriously threatened landscapes. Such intervention may take the form (for example) of grants or fiscal incentives, such as are mentioned under Clause 7 above; action under town and country regulations; the provision of expert advice and other material help to the owners of the land concerned; or the declaration of special status, which may carry a greater degree of protection or funding than applies to the generality of landscapes. The public bodies may delegate these tasks to non-government bodies.

Clause 12 refers to the possibility that public or semi-public bodies may acquire land where this is the best or only way to protect a landscape that is under serious threat from abuse, neglect or inappropriate use. Such acquisition can be done in an amicable way. An example of this is the acquisition by the British National Trust - through gift, purchase or handover from the state - of large stretches of the coastal landscape in England and Wales. Similar action has been taken by the Conservatoire du Littoral in France, the Italian Fondo per l'Ambiente, and Natuurmonumentum, the Society for the preservation of nature in the Netherlands.

 

1 Given that at the fifth session Mr HITIER will no longer be a member of the Congress, this text will be presented on behalf of the Working Group by Mr François PAOUR (France).

2 The Council of Europe's Parliamentary Assembly and Cultural Heritage Committee, the European Union's Committee of the Regions, UNESCO's Cultural Heritage Committee, the World Commission on Protected Areas and the Commission on Environmental Law of the World Conservation Union (IUCN) presented their official opinion at the Florence Conference. On this occasion, a number of non-governmental organisations technically qualified in landscape issues also gave a favourable opinion on the preliminary draft Convention.

3 The Council of Europe's Parliamentary Assembly and Cultural Heritage Committee, the European Union's Committee of the Regions, UNESCO's Cultural Heritage Committee, the World Commission on Protected Areas and the Commission on Environmental Law of the World Conservation Union (IUCN) presented their official opinion at the Florence Conference. On this occasion, a number of non-governmental organisations technically qualified in landscape issues also gave a favourable opinion on the preliminary draft Convention.