1.Assessing the impact of the European Landscape Convention on national planning systems: a comparative approachProf. Andrea De MontisIng. Patrizia Farina

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CONTENTS AND OBJECTIVESAnalysis of the current scenario of landscape planning in Europe after the signature of the ELCin 2000 with a particular emphasis for the following member states very active in landscapemanagement: Spain (Catalonia), United Kingdom, Switzerland, The Netherlands, France, andItaly.CONTENTS introductory description of the ELC implementation process methodology proposed; application of methodology to the assessment of landscapeplanning in european member states; discussion of the resultsOBJECTIVES Construct and apply a comparative assessment method based on five sets of indicators and able to analyse the effects brought by the European Landscape Convention (ELC) on landscape planning a decade after its signature, with special attention to regional planning tools; highlighting the strengths and weaknesses of national system and defining virtuous courses of action and policies for the future of landscape planning in Europe. 3. 2000Convenzione Europea del Paesaggio European Landscape ConventionThe ELC, signed in Florence eleven years ago, has established the transition towards aenvironmental and territorial interpretation of the concept of landscape protection andmanagement.The ELC relates to all landscapes (urban, peri-urban and rural) with the aim to promotelandscapes protection policies, planning, and management. Each Member State is expected toimplement the Convention according to its own legal system and division of powers, respectingthe principle of subsidiary institutional intervention. The ELC promotes also the Europeancooperation in the sector policies.The articlesArt.2 (), this Convention applies to the entire territory of the Parties and covers natural,rural, urban and peri-urban areas. It includes land, inland water and marine areas. Itconcerns landscapes that might be considered outstanding as well as everyday or degradedlandscapes.Art.5 Each Party undertakes to ( ) establish procedures for the participation of thegeneral public, local and regional authorities, and other parties with an interest in thedefinition and implementation of the landscape policies ( ).Art.6 Each Party undertakes to define landscape quality objectives for the landscapesidentified and assessed, after public consultation in accordance with Article 5. 4. ELC RATIFICATION Fonte: http://www.coe.int/ (updated on 20 april 2011) Member StatesEuropean Landscape ConventionUpdated on 20th April 2011 No ELC: 8 Only ELC signature: 6 ELC ratification : 33 5. ELC IMPLEMENTATION 6. METHODOLOGY PROPOSEDMethodology proposed Spain (Catalonia) United Kingdom CASE STUDIES Italy Switzerland The Netherland France PUBLICATIONS REVIEW AND OFFICIAL WEBSITES CONSULTATION the institutional structure; BENCHMARKShistorical landscape planning laws and tools; COMPARISONELC ratification process; landscape planning laws; landscape planning tools and actionswww.coe.intINTERPRETATION OF RESULTS OUTCOMES AND CONCLUSION 7. SPAIN (CATALONIA) European Landscape Convention Signature: 20/10/2000 Ratification: 26/11/2007 Institutional structure for landscape: Ministry of Environment and Rural and Marine Affairs Landscape lawsLaw 8/2005 De proteccion, gestion y ordenacion del paisaje:ENDORSES THE FOLLOWING ISSUES: recognition of landscapes as an essential component of peoplessurroundings, an expression of the diversity of their shared cultural andnatural heritage, and a foundation of their identity; integration of landscape into its regional and town planning policies and in its cultural,environmental, agricultural, social and economic policies;establishment and implementation of landscape policies aimed at landscape protection, managementand planning through the adoption of the specific measures.Landscape policies and toolsLandscape Observatory: is an excellent centre for studying and monitoring Catalonian landscapes andlays down the criteria for the adoption of landscape protection, management and planning measures inthe aim to establish quality objectives. It has two key objectives: monitoring the landscape policies andplanning at the European level; and elaborating of the landscape cataloguesLandscape catalogues: are based on a holistic vision of the landscape, taking into account natural andcultural elements at the same time. In this way, the cata-logues perceive the landscape as both aphysical reality and a representation of it. 8. LEY 8/2005 de proteccion, gestion y ordenacion del paisajeOPERATIVE FRAMEWORK ISSUES Protection and management of landscape Protection of natural, cultural,CATALONIA economic and social values Sustainable development Integrated approach on landscape policiesSource: Albert Cortina, Estudio DTUM 9. Prototype landscape catalogueIn May of 2005 The Observatory elaborated a prototype landscapecatalogue to establish a common working outline and the guidelines for thepreparation of seven catalogues:Identification and landscape characterizationLandscape unitsSpecial attention landscapesEvolution landscape studyLandscape values identificationLandscape actual dynamic identification: risks and impacts Landscape evaluation Threats and opportunities evaluationCATALONIALandscape quality objectives definitionEstablishment of measures and proposals of actionEstablishment of pursuit indicatorsLandscape catalogues The landscape catalogues are based on a holistic vision of the landscape, taking into account natural and cultural elements at the same time. In this way, the cata-logues perceive the landscape as both a physical reality and a representation of it. The catalogues also picture landscapes as cultural projections elaborated by a given soci-ety in a specific place from a material, spiritual, ideological and symbolic perspective. 10. UNITED KINGDOM European Landscape Convention Signature: 21/02/2006 Ratification: 21/11/2006 Institutional structure for landscape: Department for Environment, Food and Rural Affairs (DEFRA) Landscape laws Landscape Character Assessment (LCA): characterised by social participation and coordinated by the English Countryside Agency and by Scottish Natural Heritage. Today this activity is the first effect resulting from the activation of the ELC. It promotes the measurement of landscape capacity, in order to define regional development policies.Landscape policies and toolsEstablishment of a baseline for, and monitoring of the impact of, the European Landscape Conventionin the UK: providing a base for a policy framework to understand how ELC can be implemented innational policyELC Framework for Implementation in England: with the task of supervising landscape protection,management and planning in England by means of Action Plans involving partners and stakeholders.The aims of this document can be summarized as follows: Improving performance within the current legal and regulatory frame; Influencing future legislation, regulation and advice; Improving the understanding of landscape character and dynamics, and the monitoring of change andtrends; Engaging people through comprehensive and accessible awareness and understanding activities aswell as through, promotion, education & training; Sharing experiences and best practice. 11. ITALYEuropean Landscape ConventionFirma: 20/10/2000 Ratifica: 04/05/2006Institutional structure for landscape: Ministry for Cultural Heritageand ActivitiesLandscape lawsUrbani Code (2004). The State attributes to Regional governments the taskto design strategic landscape plans, to subdivide their territory in sub-regional landscape units, according to features determined by the interplaybetween natural and human factors, and to calibrate specific strategies andregulations.1939 1948Law n 1089: Tutela delle cose di interesse Italian Constitutionstorico artistico Art.9: La Repubblica tutela il paesaggioLaw n 1497: Protezione delle bellezze naturalie il patrimonio storico artistico della Nazione 20001985European Landscape ConventionLaw n 431: Legge Galasso2004Landscape toolsRegional Landscape Plans:DLgs n 42: Urbani Codeanalysis and recognition of local landscape patterns features andidentification of new protection areas providing criteria for a correctspatial management. 12. OUTCOMES AND CONCLUSIONINSTITUTIONAL STRUCTURE FORHISTORICAL LANDSCAPE LAWS OR TOOLSELC LANDSCAPELANDSCAPE POLICIES ANDLANDSCAPERATIFICATIONLAWS TOOLSSpain Ministry of-National parks law (1916) Yes, 2007 Law 8/2005-Landscape directives(Catalonia) Environment and Rural and Marine -Defence, Conservation, and Enhancement of Landscape -Landscape cataloguesAffairsHistorical and Artistic Heritage law (1977)Protection, -Landscape maps(http://www.marm.es/es/) -Nature protection law (1989)Management and-Landscape ObservatoryPlanning(http://www.catpaisatge.net) ELCTerritorial management competence in the aim of an integrated prospective - Integrated approach on landscape policies implementation Integration of public participation in planning policies - Definition of landscape quality objectives - Monitoring of European landscape policiesUnited Kingdom-Department for Environment, Food and-Protection of the Countryside (1850)Yes,No specific law -Landscape Character Assessment,Rural Affairs (Defra)-National Parks and Access to the Countryside2006LCA(http://www.defra.gov.uk/) Act, 1949-The State of Countryside 2020 -Natural England-Countryside Act (1968) -Countryside Character Network(http://www.naturalengland.org.uk/)-Landscape evaluation (1970) -Landscape assessment (1980) -Environment Act (1995) -Natural Environment and Rural Communities Act (2006). ELCPromotion of landscape protection- Strong landscape policies tradition- Absence of landscape recognition in a specific law implementation Introduction of landscape assessment and of participation process- Presence of instruments aimed at ELC implementation -Analysis of the landscapes dynamics 13. OUTCOMES AND CONCLUSIONItaly - Ministry for Cultural Heritage and - Laws 1089 and 1497 (1939)Yes, 2006 -Urbani Code -Regional Landscape Plansactivities - Galasso Law (1985) (2004)(http://www.beniculturali.it/mibac/expor - Constitution (1948)t/MiBAC/index.html)- State and Regional Authorities ELCRecognition of landscape in a specific law- Integration of landscape in regional policies- Presence of instruments aimed at protecting and planning all regional landscapes- implementation Analysis of characteristics of landscapesSwitzerland -Environmental, Transport, Energy and -Federal Law for the wood intense supervision No-Law for Nature andFederal Inventory of landscapes andCommunication Ministry (DETEC)(1902)and -Law for the hydropower exploitationLandscapenatural monuments (1977)(http://www.uvek.admin.ch/org/01896/i (1916)Protection (1966). -Inventory of constructed sites worthyndex.html?lang=en)-Ordinance on theof protection (ISOS)- Constitution (revised in 2000)Nature and -Conception Paysage Suisse (CPS,Landscape1997)-Landscape Project 2020(2003)protection (1991) ELCPromoting of sustainable development- Landscape protection- ELC signature but not ratification- Recognition of landscape in management laws and in Constitution- Prevention implementation of negative environment impacts- Definition of landscape quality objectives- Promotion of cooperation in the aim of landscape developmentThe Netherlands -Ministry of Housing, Physical Planning -Residence law (1901) Yes, 2005 Law for nature and -Landscape Memorandum (1992)and Environment (VROM)- Ministry of -Law for natural beauty (1928)landscape protection -Landschaps Manifest (2005)Agriculture, management of nature and - Constitution (1806) (1998) -Meetnet Landschapfisheries (LNV).- Law for the-Landscape development plans(http://www.rijksoverheid.nl/)territorymanagement (2007) ELCAbsence of a historical recognition of landscape in law but strong presence of historical landscape policies- Institution of nature plans implementation -Promotion of recovery and quality of landscapes- Recognition of landscape in management tools- Promotion of protection and management of landscapesFrance-Environment -Natural Monuments law (1906)Yes, 2005 Landscape Law-Atlas de paysagesMinistry(http://www.developpement- -Law for historic monuments (1913) (1993) -Observatoire photographique dudurable.gouv.fr/)-Law for the hydraulic energy use (1919)paysage-Direction de la nature et des paysages" -Law for natural monuments and artistic, historic(http://www.developpementdurable.gou and scientific landscapes preservation (1930)v.fr/Direction-nature-et-paysages.html)-National Council of Landscape (2000) ELCManagement of landscape policies- Recognition of landscape as a fundamental factor in spatial policies- Analysis of dynamics and characteristics of landscapes- Landscape implementation monitoring 14. CONCLUSIONS The panorama of ELC implementation paths is complex and varies according to thespecific national institutional framework. In spite of the evidence that the ELC has been ratified by thirty three Member States,only a few States have successfully updated their planning tools. ELC official ratification does not imply an immediate implementation of its principlesand, vice versa, sometimes its implementation has taken place in states that have notratified it formally. The six case studies demonstrate a significant role played by land management, whichis believed to be an appropriate instrument to political landscape implementation. The ELC influences planning practice, even in countries that have not officially ratifiedit, such as Switzerland and the UK. The first has not ratified the ELC, while the secondhas not established a specific law on landscape. While some countries have a specific law for landscape, such as the Netherlands andFrance, Catalonia adopts through Law 5/2008 an integrated approach on landscapepolicies. In this direction, some countries, such as Switzerland, have extended theexisting laws to complement the actual operational instruments with tools able toenhance local landscapes. 15. CONCLUSIONS Landscape is subject to protection by law in a pattern of cases. In Switzerland and Italy,the Constitution the fundamental regulation for a state- prescribes landscapeprotection. In addition, in the same countries, landscape is the focus of specificregulations, such as the Urbani Code, in Italy, and the Conception Paysage, inSwitzerland Landscape protection and management is included in and determines regionalplanning. This is evident in Italy with the Regional Landscape Plans, in France with theLandscape atlases, and in Catalonia with the catalogues and the landscape directives.As in UK, landscape planning is going to be addressed by evaluation and assessment. 16. Thanks for attention