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RS 0.440.4 Convention of 3 October 1985 for the Protection of the Architectural Heritage of Europe

Original Language Title: RS 0.440.4 Convention du 3 octobre 1985 pour la sauvegarde du patrimoine architectural de l’Europe

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0.440.4

Original text

Convention for the Protection of the Architectural Heritage of Europe

Cited in Granada on 3 October 1985
Approved by the Federal Assembly on December 6, 1995 1
Instrument of ratification deposited by Switzerland on 27 March 1996
Entry into force for Switzerland on 1 Er July 1996

(State on 8 February 2013)

The member States of the Council of Europe, signatories to this Convention,

Considering that the aim of the Council of Europe is to achieve a closer union among its members, in particular in order to safeguard and promote the ideals and principles which are their common heritage;

Recognizing that the architectural heritage is an irreplaceable expression of the richness and diversity of Europe's cultural heritage, an invaluable witness of our past and a common good for all Europeans;

In view of the European Cultural Convention signed in Paris on 19 December 1954 2 And in particular Article 1 thereof;

In view of the European Charter of Architectural Heritage adopted by the Committee of Ministers of the Council of Europe on 26 September 1975 and Resolution (76) 28, adopted on 14 April 1976, on the adaptation of legislative and regulatory systems National architectural heritage conservation requirements;

Having regard to Recommendation 880 (1979) of the Parliamentary Assembly of the Council of Europe on the conservation of the architectural heritage;

Taking into account Recommendation No. O R (80) 16 of the Committee of Ministers to member states concerning the specialised training of architects, town planners, civil and landscape engineering engineers and Recommendation No. O R (81) 13 of the Committee of Ministers adopted on 1 Er July 1981 concerning the actions to be taken in favour of certain professions threatened with extinction in the context of craft activity;

Recalling the importance of transmitting a system of cultural references to future generations, the improvement of the urban and rural environment, and the promotion of the economic, social and cultural development of States and regions at the same time;

Affirming the importance of agreeing on the essential guidelines of a common policy which ensures the safeguarding and enhancement of the architectural heritage,

Have agreed as follows:

Definition of architectural heritage

Art. 1

For the purposes of this Convention, the term "architectural heritage" shall be considered to include the following immovable property:

1.
Monuments: all outstanding achievements because of their historical, archaeological, artistic, scientific, social or technical interest, including facilities or decorative elements forming an integral part of these Accomplishments;
2.
Architectural ensembles: homogeneous groupings of urban or rural constructions which are remarkable for their historical, archaeological, artistic, scientific, social or technical interest and sufficiently coherent to be the subject of a delimitation Topographic;
3.
The sites: the combined works of man and nature, partially constructed and constituting sufficiently distinctive and homogenous spaces to be the subject of a topographical delimitation, remarkable for their historical interest, Archaeological, artistic, scientific, social or technical.

Identification of assets to be protected

Art. 2

In order to accurately identify monuments, architectural ensembles and sites that may be protected, each Party undertakes to continue its inventory and, in the event of threats to the property concerned, to establish as soon as possible Appropriate documentation.

Legal protection procedures

Art. 3

Each Party undertakes:

1.
To implement a legal regime for the protection of the architectural heritage;
2.
To ensure, within the framework of this regime and according to the conditions specific to each State or region, the protection of monuments, architectural ensembles and sites.
Art. 4

Each Party undertakes:

1.
To apply in accordance with the legal protection of the assets under consideration, appropriate control and authorisation procedures;
2.
To ensure that protected goods are not disfigured, degraded or demolished. To this end, each Party undertakes, if it has not already done so, to introduce into its legislation provisions providing for:
A.
The submission to a competent authority of plans for the demolition or modification of monuments already protected or subject to a protection procedure, as well as any project affecting their environment;
B.
The submission to a competent authority of projects affecting all or part of an architectural set or site, and relating to work
-
Demolition of buildings
-
Construction of new buildings
-
Significant changes that would affect the character of the architectural set or site;
C.
The possibility for the public authorities to retain the owner of a protected property to carry out work or to replace it in the event of a failure on its part;
D.
The possibility of expropriating a protected property.
Art. 5

Each Party undertakes to prohibit the movement of all or part of a protected monument, except in the event that the physical preservation of the monument would require it. In this case, the competent authority would take the necessary guarantees for its disassembly, transfer and reassembly in an appropriate place.

Complementary measures

Art. 6

Each Party undertakes to:

1.
Provide, on the basis of national, regional and local competences and within the limits of available budgets, financial support from the public authorities for the maintenance and restoration of the architectural heritage located on its territory;
2.
To have recourse, where appropriate, to tax measures to promote the conservation of this heritage;
3.
Encourage private initiatives in the maintenance and restoration of this heritage.
Art. 7

In the vicinity of the monuments, within the architectural ensembles and the sites, each Party undertakes to stimulate measures to improve the quality of the environment.

Art. 8

Each Party undertakes to limit the risks of physical deterioration of the architectural heritage:

1.
Support scientific research to identify and analyse the harmful effects of pollution and to identify ways of reducing or eliminating such effects;
2.
To take into account the specific problems of conservation of the architectural heritage in pollution control policies.

Sanctions

Art.

Each Party undertakes, within the framework of its powers, to ensure that infringements of the legislation protecting the architectural heritage are subject to appropriate and sufficient measures by the competent authority. Such measures may, where appropriate, entail the obligation of the authors to demolish a new building that is irregularly constructed or to restore the former state of the protected property.

Retention Policies

Art. 10

Each Party commits to adopting integrated conservation policies that:

1.
Place the protection of the architectural heritage among the essential objectives of spatial planning and town planning and ensure that this imperative is taken into account at the various stages of development of the planning and development plans. Job authorization procedures;
2.
Generate architectural heritage restoration and maintenance programs;
3.
Make the conservation, animation and presentation of the architectural heritage a major element of cultural, environmental and spatial planning policies;
4.
Promote, where possible, in the context of land use planning and town planning processes, the conservation and use of buildings whose proper importance does not justify protection within the meaning of art. 3, para. 1, of this Convention, but which would present an accompanying value from the point of view of the urban or rural environment or the framework of life;
5.
Promote the application and development, essential for the future of heritage, of traditional techniques and materials.
Art. 11

Each Party undertakes to promote, while respecting the architectural and historical nature of the heritage:

-
The use of protected assets taking into account the needs of contemporary life;
-
Adaptation, where appropriate, of old buildings to new uses.
Art. 12

While recognizing the importance of facilitating the public's access to protected goods, each Party undertakes to ensure that the consequences of such openness to the public, including access arrangements, do not affect the character of the Architectural and historical nature of these assets and their environment.

Art. 13

In order to facilitate the implementation of these policies, each Party undertakes to develop in the specific context of its political and administrative organization, effective cooperation at the various levels of the services responsible for conservation, Cultural action, the environment and spatial planning.

Participation and Associations

Art. 14

With a view to supporting the action of public authorities in favour of the knowledge, protection, restoration, maintenance, management and animation of the architectural heritage, each Party undertakes:

1.
To set up, at the various stages of decision-making processes, information, consultation and collaboration structures between the State, local authorities, cultural institutions and associations and the public;
2.
To promote the development of patronage and non-profit associations working in this field.

Information and training

Art. 15

Each Party undertakes:

1.
To enhance the conservation of the architectural heritage in public opinion as an element of cultural identity and as a source of inspiration and creativity for present and future generations;
2.
To promote, for this purpose, information and awareness-raising policies, in particular through the use of modern dissemination and animation techniques, in particular with the aim of:
A.
To raise or increase the sensitivity of the public, from school age, to heritage protection, to the quality of the built environment and to architectural expression;
B.
To highlight the unity of cultural heritage and the links between architecture, the arts, popular traditions and ways of life, whether at European, national or regional level.
Art. 16

Each Party undertakes to promote the training of the various professions and trades involved in the conservation of the architectural heritage.

European coordination of conservation policies

Art. 17

The Parties undertake to exchange information on their conservation policies with regard to:

1.
The methods to be defined in relation to the inventory, protection and conservation of goods, taking account of historical developments and the gradual increase in the architectural heritage;
2.
How best to reconcile the need to protect the architectural heritage and the current needs of economic, social and cultural life;
3.
The possibilities offered by new technologies, concerning both identification and registration, the fight against degradation of materials, scientific research, restoration work and management methods, and Architectural heritage animation;
4.
Ways to promote the architectural creation that assures the contribution of our time to the heritage of Europe.
Art. 18

The Parties undertake to lend each time necessary mutual technical assistance in exchange of experience and expertise in the conservation of the architectural heritage.

Art. 19

The Parties undertake to promote, within the framework of the relevant national legislation or the international agreements by which they are related, the European exchanges of specialists in the conservation of the architectural heritage, including in The field of continuing education.

Art.

For the purposes of this Convention, a Committee of Experts set up by the Committee of Ministers of the Council of Europe under Art. 17 of the Statute of the Council of Europe 1 Is responsible for monitoring the implementation of the Convention and in particular:

1.
To submit periodically to the Committee of Ministers of the Council of Europe a report on the state of the architectural heritage conservation policies in the States Parties to the Convention, on the application of the principles it has stated and On its own activities;
2.
To propose to the Committee of Ministers of the Council of Europe any measures aimed at the implementation of the provisions of the Convention, including in the field of multilateral activities and in the field of revision or amendment of the Convention Public information on the objectives of the Convention;
3.
Make recommendations to the Committee of Ministers of the Council of Europe on the invitation of non-member states of the Council of Europe to accede to the Convention.

Art.

The provisions of this Convention shall not affect the application of the specific provisions more favourable to the protection of the property referred to in Art. 1 contained in

-
The Convention on the Protection of the World Cultural and Natural Heritage of 23 November 1972 1 ;
-
The European Convention for the Protection of the Archaeological Heritage of 6 May 1969 2 .

1 RS 0.451.41
2 RO 1970 1223, 1996 2785

Final Clauses

Art.

This Convention shall be open for signature by the member States of the Council of Europe.

It will be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

2. This Convention shall enter into force on the first day of the month following the expiration of a period of three months after the date on which three 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. It shall enter into force in respect of any Member State which subsequently expresses its consent to be bound by it, on the first day of the month following the expiration of a period of three months after the date of the deposit of the instrument of ratification, Acceptance or approval.

Art.

After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite any non-member State of the Council and the European Economic Community to accede to this Convention by a decision taken By a majority provided for in s. 20.d of the Statute of the Council of Europe 1 And unanimously by the representatives of the Contracting States having the right to sit on the Committee.

2. For any acceding State or the European Economic Community in the event of accession, the Convention shall enter into force on 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. Secretary General of the Council of Europe.


1 RS 0.192.030

Art. 24

(1) Any State may, at the time of signature or when depositing its instrument of ratification, acceptance, approval or accession, designate the territory or territories to which this Convention shall apply.

2. Any State may, at any other 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 designated in the declaration. The Convention shall enter into force in respect of that territory on the first day of the month following the expiration of a period of three months after the date of receipt of the declaration by the Secretary General.

(3) Any declaration made under the two preceding paragraphs may be withdrawn, in respect of any territory designated in that declaration, by notification addressed to the Secretary General. The withdrawal shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art. 25

(1) Any State may, at the time of signature or at the time of deposit of its instrument of ratification, acceptance, approval or accession, declare that it reserves the right not to comply in whole or in part with the provisions of Art. 4, para. 2, let. C And D No other reserves are allowed.

2. Any Contracting State which has made a reservation under the preceding paragraph may withdraw it in whole or in part by sending a notification to the Secretary General of the Council of Europe. The withdrawal shall take effect on the date of receipt of the notification by the Secretary General.

The Party which has made the reservation in respect of the provision referred to in the first paragraph above shall not be entitled to the application of that provision by another Party; however, it may, if the reservation is partial or conditional, To apply this provision to the extent that it has accepted it.

Art. 26

1. Any Party may, at any time, denounce this Convention by sending a notification to the Secretary General of the Council of Europe.

(2) Denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.

Art. 27 Scope of application on 8 February 2013 Reservations and declarations

The Secretary General of the Council of Europe shall notify the member states of the Council of Europe, to any State which has acceded to this Convention and to the European Economic Community acceding to:

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 its art. 22, 23 and 24;
D.
Any other act, notification or communication relating to this Convention.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Convention.

Done at Granada, on 3 October 1985, in English and French, the two 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 shall transmit certified copies to each member state of the Council of Europe, as well as to any State or European Economic Community invited to accede to this Convention.

(Suivent signatures)

Scope of application February 8, 2013 3

States Parties

Ratification Accession (A)

Statement of

Succession (S)

Entry into force

Germany

August 17

1987

1 Er December

1987

Andorra

28 July

1999

1 Er November

1999

Armenia

17 February

2009

1 Er June

2009

Azerbaijan *

February 15

2010

1 Er June

2010

Belgium

September 17

1992

1 Er January

1993

Bosnia and Herzegovina

29 December

1994 A

1 Er April

1995

Bulgaria

31 January

1991 A

1 Er May

1991

Cyprus

6 January

1989

1 Er May

1989

Croatia

27 January

1993 A

1 Er May

1993

Denmark A

July 23

1987

1 Er December

1987

Spain

April 27

1989

1 Er August

1989

Estonia

15 November

1996

1 Er March

1997

Finland

17 October

1991

1 Er February

1992

France *

March 17

1987

1 Er December

1987

Georgia

13 April

2000

1 Er August

2000

Greece

27 May

1992

1 Er September

1992

Hungary

18 April

1990 A

1 Er August

1990

Ireland *

20 January

1997

1 Er May

1997

Italy

May 31

1989

1 Er September

1989

Latvia

July 29

2003

1 Er November

2003

Liechtenstein

11 May

1988

1 Er September

1988

Lithuania

7 December

1999

1 Er April

2000

Macedonia

30 March

1994 A

1 Er July

1994

Malta

20 June

1990

1 Er October

1990

Moldova

21 December

2001

1 Er April

2002

Montenegro

6 June

2006 S

6 June

2006

Norway

September 6

1996

1 Er January

1997

Netherlands B

February 15

1994

1 Er June

1994

Caribbean (Bonaire, Sint Eustatius and Saba) *

10 October

2010

10 October

2010

Poland

22 November

2011

1 Er March

2012

Portugal

March 27

1991

1 Er July

1991

Czech Republic

April 6

2000

1 Er August

2000

Romania

20 November

1997

1 Er March

1998

United Kingdom *

13 November

1987

1 Er March

1988

Gibraltar

October 31

1991

1 Er February

1992

Guernsey

13 November

1987

1 Er March

1988

Isle of Man

13 November

1987

1 Er March

1988

Jersey

13 November

1987

1 Er March

1988

Russia

13 November

1990 A

1 Er March

1991

Serbia

28 February

2001 A

1 Er June

2001

Slovakia *

7 March

2001

1 Er July

2001

Slovenia

July 2

1992 A

1 Er November

1992

Sweden

5 October

1990

1 Er February

1991

Switzerland

March 27

1996

1 Er July

1996

Turkey

11 October

1989

1 Er February

1990

Ukraine

21 December

2006

1 Er April

2007

*

Reservations and declarations, see below.

Reservations and declarations are not published in the RO. The texts in English and French can be found at the Council of Europe website: http://conventions.coe.int or obtained from the Directorate of Public International Law (DDIP), International Treaty Section, 3003 Berne.

A

The Convention does not apply to the Faroe Islands or Greenland.

B

The Convention applies to the Kingdom of Europe.


Reservations and declarations

Denmark

The Convention does not apply to the Faroe Islands or Greenland.

France

The Convention applies to the European Departments and the Overseas Departments of the Republic.

Ireland

In accordance with Art. 25, Ireland declares that it reserves the right not to comply with the provisions of s. 2 let. (c) of s. 4 of the Convention.

Netherlands

In accordance with Art. 25, para. 1, of the Convention, the Kingdom of the Netherlands declares that it reserves the right not to comply, in all, with the provisions of Art. 4, para. 2, let. (c) and (d).

The Convention applies to the Kingdom of Europe.

United Kingdom

In accordance with the provisions of Art. 25, para. 1, of the Convention, the United Kingdom declares that Art. 4, let. (c) the Convention cannot currently apply to Northern Ireland.

Slovakia

The Slovak Republic, in accordance with Art. 25, para. 1, states that it reserves the right not to comply with the provisions of s. 4, para. 2. Let (d)


RO 1996 2402; FF 1995 III 441


1 RO 1996 2401
2 RS 0.440.1
3 RO 1996 2402, 2003 3430, 2007 1395 and 2013 707. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status on February 8, 2013