(1) Intergovernmental Activities (A) Committee of Ministers At the 1260th meeting of the Ministers’ Deputies on 15 June, the Committee of Ministers adopted Resolution CM/Del/Dec(2016)1260/7.2-app5 on the Protocol amending the European Landscape Convention (ELC) (ETS no. 176). The aim of the Protocol amending ELC (ETS no. 219) is to promote European cooperation with non-European states that wish to implement the provisions of the ELC by opening the ELC to their accession (opening of the treaty to ratification, acceptance, or approval by the parties to the ELC on 1 August). The articles of the protocol read as follows: Article 1 The title of the Convention shall be changed to the following: ‘Council of Europe Landscape Convention’. Article 2 In the Preamble, a new paragraph is added after paragraph 5: ‘Aware, in general, of the importance of the landscape at global level as an essential component of human beings’ surroundings;’ In the Preamble, a new paragraph is added after the original paragraph 12 (new paragraph 13): ‘Wishing to enable the application of the values and principles formulated in the Convention to non-European States who so desire;’ Article 3 The text of Article 3 of the Convention shall be replaced by the following: ‘The aims of this Convention are to promote landscape protection, management and planning, and to organise co-operation between the Parties.’ Article 4 Paragraph C.2 of Article 6 of the Convention shall be replaced by the following: ‘These identification and assessment procedures shall be guided by the exchanges of experience and methodology, organised between the Parties at international level pursuant to Article 8.’ Article 5 The title of Chapter III of the Convention shall be changed to the following: ‘Chapter III – Co-operation between the Parties’ Article 6 Paragraph 1 of Article 11 of the Convention shall be replaced by the following: ‘The Landscape Award of the Council of Europe is a distinction which may be conferred on local and regional authorities and their groupings that have instituted, as part of the landscape policy of a Party to this Convention, a policy or measures to protect, manage and/or plan their landscape, which have proved lastingly effective and can thus serve as an example to other territorial authorities of the Parties. The distinction may be also conferred on non-governmental organisations having made particularly remarkable contributions to landscape protection, management or planning.’ Article 7 Paragraph 1 of Article 14 of the Convention shall be replaced by the following: ‘After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may invite the European Union and any State which is not a member of the Council of Europe, to accede to the Convention by a majority decision as provided in Article 20.d of the Statute of the Council of Europe, and by the unanimous vote of the States Parties entitled to sit on the Committee of Ministers.’ Article 8 – Ratification, acceptance or approval, entry into force This Protocol shall be open for ratification, acceptance or approval by the Parties to the Convention. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. This Protocol 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 all Parties to the Convention have expressed their consent to be bound by the Protocol, in accordance with the provisions of this Article. However, this Protocol shall enter into force following the expiry of a period of two years after the date on which it has been opened to ratification, acceptance or approval, unless a Party to the Convention has notified the Secretary General of the Council of Europe of an objection to its entry into force. The right to make an objection shall be reserved to those States or the European Union which were Parties to the Convention at the date of opening for ratification, acceptance or approval of this Protocol. Should such an objection be notified, the Protocol 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 the Party to the Convention which has notified the objection has deposited its instrument of ratification, acceptance or approval with the Secretary General of the Council of Europe. Article 9 – Notification The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, any State or the European Union having acceded to the Convention: the deposit of any instrument of ratification, acceptance or approval; the date of entry into force of this Protocol, in accordance with Article 8; any other act, notification or communication relating to this Protocol. (B) ELC The workshops for the implementation of the ELC (ELC workshops) met twice in 2016. The seventeenth CE meeting of the ELC workshops was held in Hungary, Budapest, on 9–10 June and the eighteenth CE meeting of the ELC workshops was held in Yerevan, Armenia, on 5–6 October. Three ELC workshops were organized during the seventeenth meeting: landscape to be protected (actions to conserve and maintain the significant or characteristic features of a landscape); landscape to be managed (actions, from a perspective of sustainable development, to guide and harmonize changes); and landscapes to be planned (strong, forward-looking actions to enhance, restore, or create landscapes). Four ELC workshops were organized during the eighteenth meeting: the national landscape policy of Armenia; strategies and policy documents in favour of the landscape; legal and financial instruments; and horizontal and vertical coordination. The second and third meetings of the Working Group on the European Landscape Convention’s Landscape and Democracy took place in Paris on 17–18 March (Council of Europe Office) and 18–19 October (Council of Europe Development Bank Office). The report from the third meeting (CEP-CDCPP-WG (2016) 14-E) examined three working documents. (i) Conceptual Report for Reference on Landscape and the European Landscape Convention’s Contribution to Democracy, Human Rights and Sustainable Development (Doc. CEP-CDCPP-WG (2016) 8E) At its second meeting (Report CEP-CDCPP-WG (2016) 6E), the working group decided on the preparation of the following document: an issue paper (a conceptual report for reference), as requested at the eighth Conference of the CE on the ELC, on Landscape and the European Landscape Convention’s Contribution to Democracy, Human Rights and Sustainable Development (CEP-CDCPP-WG (2016) 8E). The working group asked the experts (Michel Prieur, professor emeritus at the Faculty of Law of Limoges, and Yves Luginbühl, emeritus research director at the French National Centre for Scientific Research-CNRS, France) to review the report on the basis of comments made. The working group formulated the following comments: Summary: Indicate ‘landscape process/shared process’ instead of ‘landscape project’ (in all the report). Introduction: Diagram in order to introduce the terms ‘social’ and ‘economy’. Chapter II – The contribution of landscape to the implementation of human rights: Considering the existing environment regulation, make clarifications on the specificity of the landscape separated from the environmental regulations; The Working Group stressed the fact that though landscape in law is much connected to the environment, it is important to consider the specificity of the landscape, in accordance to the Convention and the provisions of Appendix 2 of Recommendation CM/Rec (2008) 3 of the Committee of Ministers on the guidelines for its implementation. Asked if this could possibly have been pointed out in chapter II or/and in the conclusion of the report. Add a footnote indicating the difference between the Commission [European Commission of Human Rights, ECHR] and the CEDH [European Court of Human Rights, ECtHR]; Indicate that the Aarhus Convention [ Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters] is opened to the accession of non-member States of the UN-ECE [United Nations Economic Commission for Europe]. Chapter III – Landscape and sustainable development: Add titles on ‘Landscape and society’ or ‘Landscape and social needs’ and ‘Landscape and culture’, in the same way as ‘Landscape and economy’; in order to make the connection between landscape and the social and cultural (included cultural heritage) aspects clearer. Conclusions: Change the first conclusion to Pan-European and refer to the EU [European Union] in a separate point; Add a reference to the role of the European Landscape Convention to promote awareness and participation in the democratic process; Remember the importance of the provisions of Appendix 2 of Recommendation CM / Rec (2008) 3 of the Committee of Ministers on the guidelines for the implementation of the European Landscape Convention. (ii) Draft Recommendation on the Contribution of the Landscape Approach, as defined in the ELC, to the Exercise of Democracy and Human Rights, within the Perspective of Sustainable Development (Doc. CEP-CDCPP-WG (2016) 9E) and Draft Recommendation on Principles for the Participation of the General Public in the Definition and Implementation of the Landscape Policies, as defined in the ELC (Doc. CEP-CDCPP-WG (2016) 10E) The Steering Committee for Culture, Heritage and Landscape (CDCPP) held its fifth plenary session in Strasbourg on 13–15 June. The CDCPP Bureau met in Strasbourg on 21–2 April. The CDCPP took note of the publication European Landscape Convention: The Landscape Award Alliance of the Council of Europe (Council of Europe, European Spatial Planning and Landscape Series, 2016, no. 103). This collection presents the great achievements realized by the member states of the CE on the occasion of the first four sessions of the Landscape Award of the Council of Europe: 2008–09, 2010–11, 2012–13, and 2014–15 (more information is available at <https://rm.coe.int/16806530c4>). (C) European Convention on the Protection of the Archaeological Heritage (Revised) The European Convention for the Protection of the Architectural Heritage entered into force with respect to San Marino on 13 May. The total number of ratifications/accessions was forty-six. (D) CE Framework Convention on the Value of Cultural Heritage for Society The first European Heritage Network (HEREIN) thematic workshop, Heritage Organisation in Europe, took place in the CE’s office in Brussels on 28 June. The second HEREIN thematic workshop, Back to Thesaurus, was held in the CE’s liaison office to the EU in Brussels on 21 October. The objective of the meeting was to take profit of all the work provided for the thesaurus and adapt the instrument to the needs of the member states and the CE (the HEREIN Thesaurus enables the identification of terms and concepts relevant to the field of heritage in fourteen languages). The HEREIN Think Tank meeting was held on 22 February at the CE’s office in Brussels. (E) Convention on the Conservation of European Wildlife and Natural Habitats At the thirty-sixth Standing Committee Meeting, which was held in Strasbourg on 15–18 November, seven texts were adopted: Recommendation no. 185 (2016) on the Eradication of the Ruddy Duck (Oxyura jamaicensis) in the Western Palaearctic by 2020; Recommendation no. 186 (2016) on the Conservation and Recovery of the Osprey (Pandion haliaetus) in Europe; Recommendation no. 187 (2016) on Communicating on Climate Change and Biodiversity; Recommendation no. 188 (2016) on the European Code of Conduct on Recreational Boating and Invasive Alien Species; Recommendation no. 189 (2016) on the Control of the American Mink (Neovison vison) in Europe; Recommendation no. 190 (2016) on the Conservation of Natural Habitats and Wildlife, especially Birds, in Afforestation of Lowland in Iceland; and Recommendation no. 191 (2016) on the Conservation of the Akamas Peninsula and the Sea Turtle Nesting Beaches of Chrysochou Bay (Cyprus). Several open files were considered: Cyprus (Akamas peninsula, Case 1995/6); Ukraine (proposed navigable waterway in the Bystroe Estuary, Danube delta, Case 2004/1); Bulgaria (Wind farms in Balchik and Kaliakra–Via Pontica, Case 2004/2); Italy (eradication and trade of the American grey squirrel (Sciurus carolinensis), Case 2007/1); Greece (threats to marine turtles in Thines Kyparissia, Case 2010/5); Turkey (presumed degradation of nesting beaches in Fethiye and Patara SPAs, Case 2012/9); and ‘the former Yugoslav Republic of Macedonia’ (hydro power development within the territory of the Mavrovo National Park, Case 2013/1). Three possible files were also considered: Turkey (threat to the Mediterranean monk seal (Monachus monachus), Case 2011/4); Bulgaria (motorway through the Kresna Gorge, Case 2001/4); Poland (possible spread of the American mink (Neovison vison), Case 2012/3). There was one ‘on-the-spot appraisal.’ It concerns the follow-up of Recommendation no. 96 (2002) on Conservation of Natural Habitats and Wildlife, Especially Birds, in Afforestation of Lowlands in Iceland. In addition, the follow-up of three recommendations have been considered: Recommendation no. 144 (2009) on the Wind Park in Smøla (Norway) and Other Wind Farm Developments in Norway; Recommendation no. 110 (2004) on Minimizing Adverse Effects of Above-Ground Electricity Transmission Facilities (Power Lines) on Birds; and Recommendation no. 176 (2015) on the Prevention and Control of the Batrachochytrium salamandrivorans chytrid Fungus. There is one complaint in stand-by: France/Switzerland: threats to the Rhone streber (Zingel asper) in the Doubs (France) and in the canton of Jura (Switzerland). (2) Inter-Parliamentary Activities The Parliamentary Assembly of the CE (PACE) adopted two resolutions that have an environmental dimension. On 22 April, PACE adopted Resolution 2115 (2016) on Forced Migration: A New Challenge. In this resolution, PACE underlines that ‘the impact of climate change and natural, chemical or nuclear disasters varies depending on the vulnerability and adaptability of the populations concerned, and on the capacity of States to prevent or deal with such events.’ Also, PACE notes that, according to the Intergovernmental Panel for Climate Change, the movement of people could be the biggest single consequence of climate change in the coming years. It also estimates that the flow of environmental migrants will reach 150 million by 2050, while the ‘Stern Review: The Economics of Climate Change’ puts the figure at closer to 200 million. In this context, PACE recommends that member states give greater priority to devising protection policies and norms for victims of natural, chemical or nuclear disasters and for the victims of the consequences of climate change; acknowledge the vulnerability of these groups and ensure that their fundamental rights are fully observed; review the relevant international rules and expand them to include a definition for these migrants; revise the 1951 Geneva Convention relating to the Status of Refugees, by means, for example, of an additional protocol; adopt measures to prohibit any over-exploitation of natural resources and pursue solutions aimed at meeting people’s fundamental needs; implement strategies for the successful integration of persons displaced for environmental reasons, whether they are internally displaced or have been forced to emigrate to another State; ensure full respect for the fundamental rights of displaced persons and take the necessary measures to resettle the populations concerned, especially in cases where their territory has disappeared as a result of natural, nuclear or chemical disasters; prepare country/regional reports in order to gather information and assess the outlook for environmental migration. On 25 November, PACE adopted Resolution 2140 (2016) on the Exploration and Exploitation of Non-Conventional Hydrocarbons in Europe. In this resolution, PACE recommends that the member states of the CE ‘promote research and investment in energy efficiency and the development of greener and safer energy sources such as renewable energies, offering energy security and limiting environmental and health hazards’ and ‘accelerate efforts to draw up a trans-European plan, with a view to ironing out the fluctuations in energy supply linked to the regional use of solitary renewable energy sources such as solar or wind power.’ PACE also recommends ‘limiting and controlling the exploration and exploitation of non-conventional hydrocarbons by adopting strict environmental regulations’ and ‘that free trade deals involving member States, including the Transatlantic Trade and Investment Partnership and the Comprehensive Economic Trade Agreement, help countries to fulfil their obligations under the United Nations Conference on Climate Change 2015 (COP-21) and to freely and fairly safeguard their environments.’ © The Author 2017. Published by Oxford University Press. All rights reserved. For permissions, please e-mail: firstname.lastname@example.org
Yearbook of International Environmental Law – Oxford University Press
Published: Dec 28, 2017
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