Posted the: 2004-11-24 Numac: 2004015117 Foreign Affairs, external trade and development COOPERATION FEDERAL PUBLIC SERVICE June 15, 2004. -Law concerning consent to the European Landscape Convention, made in Florence on 20 October 2000 (1) (2) ALBERT II, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: Article 1.
This Act regulates a matter referred to in article 77 of the Constitution.
S. 2. the European Convention on landscape, made in Florence on 20 October 2000, released its full and complete effect.
Promulgate this Act, order that it self under the seal of the State and published by le Moniteur.
Given to Brussels, June 15, 2004.
ALBERT by the King: the Minister of Foreign Affairs, L. MICHEL. the Minister of the environment, Ms. F. VAN DEN BOSSCHE sealed with the seal of the State: the Minister of Justice, Ms. L. ONKELINX _ Notes (1) Session 2003-2004.
Documents. -Bill introduced on 9 February 2004, no. 3 – 506.1.
-Report, n ° 3-506/2.
Parliamentary Annals. -Discussion and vote. Meeting of April 1, 2004.
Documents. -Draft transmitted by the Senate, no. 51-996/1. -Text adopted in plenary and subject to Royal assent, meeting No. 51-996/2.
-Discussion and vote. Meeting of May 6, 2004.
(2) see also the Decree of the French community of 19 December 2002 (Moniteur belge of 22 January 2003), the Decree of the Flemish community / the Flemish Region of 18 July 2003 (Moniteur belge of 5 September 2003 - ED. 2), the Decree of the German-speaking community of May 17, 2004 (Moniteur belge of 30 July 2004 - ED. 3), the Decree of the Walloon Region of 20 December 2001 (Moniteur belge of 30 January 2002) , the order of the Brussels-Capital Region of 13 February 2003 (Moniteur belge of 5 May 2003 – Ed. 2).
Convention European landscape States members of the Council of Europe, signatories of the present Convention, considering that the aim of the Council of Europe is to achieve a greater unity between its members, in order to safeguard and promote the ideals and principles which are their common heritage, and that this aim is pursued in particular through the conclusion of agreements in the economic and social fields;
Anxious to achieve sustainable development based on a harmonious balance between social needs, the economy and the environment;
Noting that the landscape participates significantly to the general interest, cultural, ecological, environmental and social, and constitutes a resource favourable to economic activity, including protection, appropriate management and planning can contribute to job creation;
Aware that landscape contributes to the development of local cultures and that it represents a fundamental component of the cultural and natural heritage of Europe, contributing to the vitality of human beings human and the consolidation of the European identity;
Recognizing that the landscape everywhere is an important element of the quality of life of populations: in urban areas and in the countryside, in the territories degraded as in those of high quality, remarkable as areas of daily;
Noting that developments in techniques of agricultural, forestry, industrial and mineral production and land management practices, planning, transport, tourism and leisure networks and more generally, global economic changes continue, in many cases, to accelerate the transformation of landscapes;
Wishing to respond to the wish of the public to enjoy landscapes of quality and play an active role in their transformation.
Convinced the landscape as an essential element of individual and social well-being and that its protection, management and development involve rights and responsibilities for everyone;
Bearing in mind the legal texts exist at the international level in the areas of protection and management of the natural and cultural heritage, of the development of the territory, local autonomy and cross-border cooperation, including the Convention on the conservation of wildlife and the natural environment of Europe (Bern, 19 September 1979), the Convention for the safeguarding of the architectural heritage of Europe (Granada (, 3 October 1985), the European Convention for the protection of the archaeological heritage (revised) (Valletta, 16 January 1992), the European Outline Convention on transfrontier co-operation of the territorial communities or authorities (Madrid, 21 May 1980) and its additional protocols, the European Charter of local self-government (Strasbourg, 15 October 1985), the Convention on biological diversity (Rio, June 5, 1992), the Convention concerning the protection of world heritage cultural and natural (Paris, 16 November 1972), and the Convention on access to information, the participation of the public in the decision-making process and access to justice in environmental matters (Aarhus, 25 June 1998);
Acknowledging that the quality and diversity of European landscapes constitute a common resource for the protection, management and planning of which should be to cooperate;
Wishing to establish a new instrument devoted exclusively to the protection, management and planning of European landscapes, have agreed as follows: Chapter I. (-Provisions General Article 1 Definitions for the purposes of this Convention: a) 'Landscape' means a part of such territory as perceived by people, whose character is the result of the action of natural and/or human factors and their interrelationships;
b) "Landscape policy" means the formulation by the competent public authorities of general principles, strategies and guidelines for the adoption of special measures; for the protection, management and planning of the landscape
(c) "landscape quality objective" means the formulation by the competent public authorities, for a specific landscape, the aspirations of the populations with regard to the landscape features of their living environment.
d) "Landscape Protection" includes the actions of conservation and maintenance of the significant aspects or features of a landscape, justified by its heritage value from its natural configuration and/or from human intervention;
e) "Landscape management" includes actions, in a perspective of sustainable development, to maintain the landscape to guide and harmonize the transformations induced by social, economic and environmental; developments
f) «Landscaping» includes actions with a particularly forward-looking character development, restoration or the creation of landscapes.
Article 2 scope subject to the provisions of article 15, this Convention applies throughout the territory of the Parties and covers natural, rural, urban and peri-urban areas. It includes the land areas, inland and marine waters. It concerns, both landscapes that can be considered outstanding as well as the landscape of everyday or degraded landscapes.
Article 3 objectives this agreement is intended to promote the protection, management and planning of landscapes, and to organise European co-operation in this field.
CHAPTER II. -National measures Article 4 Division of responsibilities each Party shall implement this Convention, in particular articles 5 and 6, according to the Division of competences which it is used, in accordance with its constitutional principles and to its administrative organization, and in respect for the principle of subsidiarity, taking into account the Charter of local self-government European. Without derogating from the provisions of this Convention each Party shall implement this Convention in accordance with its own policies.
Article 5 General measures each party undertakes: a) to legally recognize the landscape as a key component of the framework of life of the populations, expression of the diversity of their common cultural and natural heritage, and a foundation of their identity;
b) to define and implement policies of landscape protection, management and planning of landscapes by the adoption of the specific measures referred to in article 6;
(c) to implement public participation procedures, local and regional authorities, and other stakeholders involved in the design and implementation of the landscape policies mentioned in paragraph b above;
(d)) to integrate the landscape in spatial planning, urban planning policies and cultural, environmental, agricultural, social and economic policies as well as into other policies that may have a direct or indirect effect on the landscape.
Article 6 measures special A) awareness: each party undertakes to increase awareness of civil society, private organisations and the public authorities of the value of landscapes, their role and their transformation.
((B) Formation and education: each party undertakes to promote: a) the training of specialists of knowledge and intervention on the landscape;
(b) multidisciplinary training programmes on policy, protection, management and planning of the landscape, for the private and public sector professionals and associations concerned;
(c) school and University lessons addressing, in the interested subjects, the values attached to the landscape and issues
relating to its protection, its management and its development.
(C) Identification and qualification: 1. mobilising stakeholders in accordance with article 5.c, and with a view to improving knowledge of its landscapes, each party undertakes: a) i to identify its own landscapes throughout its territory;
II to analyse their characteristics and the dynamics and the pressures affecting them;
III to follow the transformations;
(b) to qualify the landscapes identified taking into account specific values attributed to them by actors and the populations concerned.
2. the work of identification and qualification will be guided by experiences and methodologies, organized exchanges between the Parties across European in application of article 8.
(D) landscape quality Objectifs each party undertakes to make the landscape quality objectives for the landscapes identified and qualified, after consultation with the public in accordance with article 5.c. E) implementation to implement landscape policies, each party undertakes to put in place the means of intervention for the protection, management and/or planning of the landscape.
CHAPTER III. -European co-operation Article 7 policy and international programs the Parties undertake to cooperate when taking into consideration of the landscape dimension into policies and programs, and to recommend, where appropriate, that the landscape considerations are incorporated.
Article 8 Mutual Assistance and exchange of information the Parties undertake to cooperate to strengthen the effectiveness of the measures taken in accordance with articles of the present Convention, and in particular: a) to offer technical and scientific assistance mutual collection and the exchange of experiences and work of landscape research.
b) to promote exchanges of specialists of the landscape, including for training and information;
(c) to promote the exchange of landscape specialists, including for training and information).
Article 9 transfrontier landscapes the Parties undertake to encourage cross-border cooperation at the local and regional level, and to develop and implement joint programmes for development of the landscape.
Article 10 monitoring of the implementation of the Convention 1. The existing relevant expert committees established under article 17 of the Statute of the Council of Europe, are loaded by the Committee of Ministers of the Council of Europe, the monitoring of the implementation of the Convention.
2. after each of the meetings of the committees of experts, the Secretary General of the Council of Europe shall send a report on the work and operation of the Convention to the Committee of Ministers.
3. the committees of experts propose to the Committee of Ministers the criteria for allocation and regulation of a Council of Europe landscape award.
Article 11 of the Council of Europe 1 landscape award.
May be awarded the Council of Europe landscape award local and regional authorities and their groupings which, under the policy of landscape of a party to this Convention, have implemented a policy or measures aimed at protecting, managing and/or sustainable management of their landscapes, demonstrating the sustainable efficiency and can thus serve as an example to other territorial authorities European. The distinction may also be attributed to non-governmental organizations that have demonstrated a particularly noteworthy contribution protection, management or planning of the landscape.
2 the Council of Europe landscape Award nominations will be forwarded to the committees of experts mentioned in article 10 by the Parties. The local and regional cross-border and groupings of local or regional authorities concerned may be candidates, on the condition that they manage all the landscape in question.
3. on the proposal of the committees of experts mentioned in article 10 the Committee of Ministers defines and publishes the criteria for the award of the Council of Europe landscape award, shall adopt its rules and awards.
4. the award of the Council of Europe landscape award must lead those who are licensed to ensure protection, management and/or sustainable development of the affected landscapes.
CHAPTER IV. -Final clauses Article 12 relationship with other instruments the provisions of the present Convention are without prejudice to more stringent provisions for the protection, management, or landscaping contained in other national instruments or binding international which are or will be implemented.
Article 13 Signature, ratification, entry into force 1. This Convention is open for signature by the Member States of the Council of Europe. It will be subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited close to the Secretary General of the Council of Europe.
2. the Convention shall enter into force the first day of the month following the expiration of a period of three months after the date on which ten Member States of the Council of Europe have expressed their consent to be bound by the Convention in accordance with the provisions of the preceding paragraph.
3 any signatory which subsequently expresses its consent to be bound by the Convention, it shall enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of ratification, acceptance or approval.
Article 14 accession 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite the Community European and any European State non-member of the Council of Europe to accede to the Convention, by a decision taken by the majority provided for in article 20.d of the Statute of the Council of Europe, and the unanimity of the States Parties entitled to sit on the Committee of Ministers.
2. for any acceding State or the European Community in the event of accession, this Convention shall enter into force the first day of the month following the expiration of a period of three months after the date of deposit of the instrument of accession near the Secretary General of the Council of Europe.
Article 15 territorial Application 1. Any State or the Community European may, at the time of signature or when depositing their instrument of ratification, acceptance, approval or accession, designate any territories to which this Convention shall apply.
2 any party may, at any time thereafter, by a declaration addressed to the Secretary General of the Council of Europe, extend the application of this Convention to any other territory specified in the declaration. The Convention will enter into force with respect to that territory the first day of the month following the expiration of a period of three months after the date of reception of the declaration by the Secretary General.
3. any declaration made under the two preceding paragraphs may be withdrawn in respect of any territory specified in the declaration, by notification addressed to the Secretary General of the Council of Europe. The withdrawal shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 16 denunciation 1. Any party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.
2. the denunciation shall take effect on the first day of the month following the expiration of a period of three months after the date of receipt of the notification by the Secretary General.
Article 17 amendments 1. Any party or the committees of experts mentioned in article 10 may propose amendments to this Convention.
2. any proposal for amendment shall be notified to the Secretary General of the Council of Europe who shall forward it to the States members of the Council of Europe, to the other Parties and each European non-Member State which has been invited to accede to this Convention in accordance with the provisions of article 14.
3. any proposed amendment is discussed by the committees of experts mentioned in article 10 which shall submit the text adopted by a majority of three-quarters of the representatives of the Parties to the Committee of Ministers for adoption. After its adoption by the Committee of Ministers to the majority provided in article 20.d of the Statute of the Council of Europe and the unanimous vote of the representatives of the States Parties entitled to sit on the Committee of Ministers, the text is transmitted to the Parties for acceptance.
4. any amendment shall enter into force for those Parties which have accepted the first day of the month following the expiration of a period of three months after the date on which three Parties members of the Council of Europe will have informed the Secretary General that they have accepted it. Any party which has accepted it later, the amendment shall enter into force the first day of the month following the expiration of a period of three months after the date on which that party has informed the Secretary General of its acceptance.
Article 18 Notifications the Secretary General of Council of Europe shall notify the Member States of the Council of Europe, any State or the European Community having acceded to the Convention: a) any signature;
b) the deposit of any instrument of ratification, acceptance, approval or accession;
c) any date of entry into force of this Convention in accordance with articles 13, 14 and 15;
(d) any declaration made under article 15;
(e) any denunciation made under article 16;
(f) any proposed amendment, as well as any amendment adopted in accordance with article 17 and the date on which the amendment enters into force;
(g) any other Act, notification, information or communication relating to this Convention.
In faith whereof the undersigned, duly authorized thereto, have signed this Convention.
Made in Florence, 20 October 2000, in french and English, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe.
The Secretary General of the Council of Europe communicate certified copies to each of the Member States of the Council of Europe and to any State or the European Community invited to accede to this Convention.
European Landscape Convention, made in Florence on 20 October 2000 for the consultation of the table, see image