TRANSLATION
PROTOCOL
on the implementation of the Alpine Convention of 1991 in the field of soil conservation
Soil Conservation Protocol
Preamble
THE FEDERAL REPUBLIC OF GERMANY,
THE REPUBLIC OF AUSTRIA,
THE FRENCH REPUBLIC,
THE ITALIAN REPUBLIC,THE PRINCIPALITY OF LIECHTENSTEIN,
THE PRINCIPALITY OF MONACO,
THE REPUBLIC OF SLOVENIA,
THE SWISS CONFEDERATION,
andTHE EUROPEAN COMMUNITY,
IN ACCORDANCE with their task, arising from the Convention on the Protection of the Alps (Alpine Convention) of
7 November 1991, of pursuing a comprehensive policy for the protection and the sustainable development of the Alpineregion;
IN COMPLIANCE with their obligations under Article 2(2) and (3) of the Alpine Convention;
AIMING to reduce quantitative and qualitative soil impairments, in particular by applying agricultural and silvicultural
production processes which have a minimal detrimental impact on the soil, by using land economically, controlling
erosion and restricting soil sealing;
AWARE of the fact that the protection of the Alpine soils, their sustainable management and the restoration of their
natural functions in impaired locations are matters of general interest;
RECOGNISING that the Alps, constituting one of the largest continuous natural areas in Europe, are characterised by an
ecological diversity and by highly sensitive ecosystems whose functionality must be preserved;
CONVINCED that the local population must be able to determine its own social, cultural and economic development plan
and take part in its implementation in the existing institutional framework;
AWARE that, on the one hand, the Alps are an important living and economic environment for the resident populations
and a recreational environment for the populations of other regions and that, on the other hand, the preservation of soilfunctions is jeopardised by diverging claims on soil utilisation which clash within the narrow confines of the Alpine
region; and that for this reason, economic interests must be reconciled with ecological requirements;EN 22.12.2005 Official Journal of the European Union L 337/29
RECOGNISING that the soil occupies a special position within ecosystems, that its formation as well as the regeneration
of impaired soils happen very slowly, that increased soil erosion is to be expected owing to topographical conditions in
the Alpine region, and that the soil constitutes a sink for harmful substances while contaminated soils can be a source ofinputs of those substances into neighbouring ecosystems, thus putting at risk humans, animals and plants;
AWARE that soil utilisation, especially for the purposes of human settlement, the development of trade and industry,
infrastructures, the extraction of mineral resources, tourism, agriculture, forestry and transport can lead to quantitative orqualitative soil impairments and that accordingly, adequate integrated measures should be proposed to prevent, controland repair damage to the soil;
CONSIDERING that soil conservation has manifold implications for other policies in the Alpine region and should
therefore be coordinated in a cross-disciplinary and cross-sectoral fashion;
CONVINCED that certain problems can only be resolved in a cross-border framework and require joint measures on the
part of the Alpine States, to be implemented by the Signatories in accordance with the available means,
HAVE AGREED AS FOLLOWS:
CHAPTER I
GENERAL OBLIGATIONS
Article 1
Objectives
1. This Protocol serves to implement the obligations in the
field of soil conservation entered into by the Contracting Partiesto the Alpine Convention.
2. The Alpine soil shall be preserved in a sustainable manner
to allow it to perform:
1. its natural functions as
(a) a livelihood resource and a living environment for
humans, animals, plants and micro-organisms,
(b) a characteristic element of nature and the landscape,
(c) an integral part of the ecological balance, especially with
regard to its water and nutrient cycles,
(d) a conversion and compensating medium to offset inputs
of substances, especially due to its filtering, buffering andstorage qualities, in particular for the protection ofgroundwater,
(e) a genetic reservoir,
2. its function as an archive of natural history and the history
of civilisation, as well as3. its functions as
(a) a location for agricultural use including pasture farming
and forestry,
(b) a space for human settlement and tourism activities,(c) a location for other commercial usages, for transport,
supply and distribution, and water and waste disposal,
(d) a source of raw materials.
In particular, the ecological functions of soil, which are essential
elements of the ecological balance, shall be safeguarded andpreserved both qualitatively and quantitatively on a long-termbasis. The restoration of impaired soils shall be promoted.
3. The measures to be taken are aimed specifically at soil
utilisation which suits its location, at the economical use of
land resources, at the avoidance of erosion and detrimental
changes to the soil structure, and at minimising the input ofsubstances harmful to the soil.
4. The diversity of soils, which is typical of the Alpine
region, and its characteristic locations shall be preserved andpromoted in particular.
5. In this endeavour the principle of prevention, which
comprises the safeguarding of the functionality of soils andthe possibility to use them for various purposes as well astheir availability to future generations with a view to sustainabledevelopment, is of particular significance.EN L 337/30 Official Journal of the European Union 22.12.2005
Article 2
Fundamental obligations
1. The Contracting Parties undertake to initiate the requisite
legal and administrative measures for ensuring the conservationof soils in the Alpine region. The respective national authoritiesshall be responsible for monitoring those measures.
2. If there is a risk of serious and sustained damage to the
functionality of soils, protection shall, as a matter of principle,be given priority over utilisation.
3. The Contracting Parties shall explore the possibilities of
supporting, through fiscal and/or financial measures, the actionsfor soil conservation in the Alpine region targeted by thisProtocol. Measures compatible with soil conservation and withthe objectives of a prudent and environmentally sound utili-sation of soils shall be specially supported.
Article 3
Taking account of the objectives in other policies
The Contracting Parties undertake to take account of the
objectives of this Protocol in their other policies as well. Inthe Alpine region, this applies specifically to regionalplanning, settlement and transport, energy management, agri-culture and forestry, raw material extraction, trade and industry,tourism, nature conservation and landscape upkeep, water andwaste management, and clean air.
Article 4
Participation of regional and local authorities
1. Each Contracting Party shall define, within its existing
institutional framework, the best level of coordination andcooperation between the institutions and regional and localauthorities directly concerned so as to encourage shared respon-sibility, in particular to exploit and develop synergies whenimplementing soil conservation policies and the resultingmeasures in the Alpine region.
2. The regional and local authorities directly concerned shall
be involved in the various stages of preparing and implementingthese policies and measures, within their sphere of competenceand within the existing institutional framework.
Article 5
International cooperation
1. The Contracting Parties shall encourage stronger interna-
tional cooperation among the competent institutions, especiallywith regard to the drawing up of soil registers, soil monitoring,
the designation and monitoring of protected and impaired areasand danger zones, the provision and harmonisation ofdatabases, the coordination of Alpine-specific soil conservationresearch, and mutual reporting.
2. The Contracting Parties undertake to remove obstacles to
international cooperation between territorial authorities in theAlpine region, and to encourage solutions to shared problems atthe most suitable level.
3. If the definition of measures relating to soil conservation
falls within the sphere of national or international competence,the territorial authorities shall be given possibilities to efficientlyrepresent the interests of the population.
CHAPTER II
SPECIFIC MEASURES
Article 6
Designation of protected areas
The Contracting Parties shall see to it that soils worthy of
protection are included in the designation of protected areas.Specifically, soil and rock formations which have particularlycharacteristic features or a particular significance for the docu-mentation of earth ’s history, shall be preserved.
Article 7
Economical and prudent use of soils
1. In drawing up and implementing plans and/or
programmes according to Article 9(3) of the Protocol onSpatial Planning and Sustainable Development, mattersregarding soil conservation, especially the economical use ofsoil and land, shall be taken into consideration.
2. In order to limit soil sealing and soil consumption, the
Contracting Parties shall provide for space-saving constructionand an economical use of soil resources. They shall preferablyseek to keep the development of human settlements withinexisting boundaries and to limit settlement growth outsidethese boundaries.
3. When assessing the spatial and environmental compa-
tibility of large-scale projects in the fields of trade andindustry, construction and infrastructure, especially in thetransport, energy and tourism sectors, soil conservation andthe scarcity of space in the Alpine region shall be taken intoaccount within the framework of the national procedures.EN 22.12.2005 Official Journal of the European Union L 337/31
4. Where natural conditions allow it, disused or impaired
soils, especially landfills, slag heaps, infrastructures or ski runs,shall be restored to their original state or shall be recultivated.
Article 8
Economical use and prudent extraction of
mineral resources
1. The Contracting Parties shall see to it that mineral
resources are used economically. They shall work towardsensuring that preference is given to the utilisation of substitutematerials and that recycling options are fully used or theirdevelopment is encouraged.
2. When extracting, processing and utilising mineral
resources, impairments of other soil functions shall bereduced to a minimum. In those areas which are particularlyimportant for the protection of soil functions and in areas
specifically designated as drinking water resources, the
extraction of mineral resources shall be foregone.
Article 9
Conservation of soils in wetlands and moors
1. The Contracting Parties undertake to preserve high moors
and lowland moors. To achieve this objective, the use of peatshall be discontinued completely in the medium term.
2. Drainage schemes in wetlands and moors shall be limited
to the upkeep of existing networks unless there are soundreasons for exceptions. Remedial measures shall be promotedto minimise the environmental impact of existing drainagesystems.
3. On principle, moor soils shall not be utilised or, when
used for agricultural purposes, shall be managed so that theircharacteristic features remain intact.
Article 10
Designation and management of endangered areas
1. The Contracting Parties agree to draw up maps of Alpine
areas which are endangered by geological, hydrogeological andhydrological risks, in particular by land movement (mass slides,mudslides, landslides), avalanches and floods, to register thoseareas and to designate danger zones when necessary. Ifapplicable, seismic risks shall also be considered.2. The Contracting Parties shall make sure that engineering
techniques are used in endangered areas which are ascompatible with nature as possible, and that local and tradi-tional building materials which suit the local countryside areused. These measures shall be supported by appropriate silvi-cultural measures.
Article 11
Designation and management of Alpine areas threatened
by erosion
1. The Contracting Parties undertake to map Alpine areas
threatened by extensive erosion on the basis of comparable
criteria for quantifying soil erosion, and to register those areasin as far as this is necessary for the protection of materialgoods.
2. Soil erosion shall be limited to the inevitable minimum.
Areas damaged by erosion and land movement shall be reha-bilitated in as far as this is necessary for the protection ofhuman beings and material goods.
3. To protect human beings and material goods, measures to
control water erosion as well as measures to reduce surface run-off shall preferably comprise hydraulic, engineering and silvi-cultural techniques with minimal environmental impact.
Article 12
Agriculture, pasture farming and forestry
1. To ensure protection against erosion and harmful soil
compaction, the Contracting Parties undertake to use soundpractices in agriculture, pasture farming and forestry whichare adapted to suit local conditions.
2. As regards the input of substances through the use of
fertilisers, herbicides and pesticides, the Contracting Partiesshall strive to elaborate and implement shared standards forsound expert practices. The type, quantity and time of fertili-
sation shall be suited to the needs of the plants, taking into
account the nutrients available in the soil, the organic substanceas well as the location of the plants and the conditions in whichthey are cultivated. This is achieved by using ecological/bio-logical and integrated methods of cultivation, as well as bymatching livestock to natural local growth conditions.
3. In Alpine pasture areas, the usage of mineral fertilisers and
synthetic herbicides and pesticides in particular shall beminimised. The use of sewage sludges shall be foregone.EN L 337/32 Official Journal of the European Union 22.12.2005
Article 13
Silvicultural and other measures
1. With regard to mountain forests which offer a high degree
of protection to their own location, or above all to humansettlements, transport infrastructures, croplands and similarareas, the Contracting Parties undertake to give priority to theprotective function of these forests and to gear their silviculturalmanagement towards preserving this function. Such mountainforests shall be preserved in their original locations.
2. Specifically, forests shall be used and maintained in such a
way that soil erosion and harmful soil compaction are avoided.To achieve this, silvicultural measures adapted to local
conditions as well as natural forest rejuvenation shall be
promoted.
Article 14
Effects of tourism infrastructures
1. The Contracting Parties shall use their influence in the
most appropriate manner to ensure that:
—detrimental effects of tourism activities on Alpine soils are
avoided,
—soils impaired by intensive tourism are stabilised, especially
and whenever possible by restoring the vegetation cover and
applying environmentally sound engineering techniques.
Further utilisation of the soils shall seek to prevent suchdamage from recurring,
—permits for the construction and levelling of ski runs in
forests with a protective function are granted only in excep-tional cases and with the proviso that compensatory actionis taken, and that such permits are not granted for fragileareas.
2. Chemical and biological additives for the grooming of ski
runs are permissible only if proof of their ecological harm-lessness has been furnished.
3. Where significant damage to soils and vegetation is found
to exist, the Contracting Parties shall take the necessary remedialaction at the earliest possible point in time.
Article 15
Limiting inputs of harmful substances
1. The Contracting Parties shall do everything in their power
to minimise, through preventive action, inputs of harmfulsubstances into the soils through water, air, waste and othersubstances harmful to the environment. Preference shall begiven to measures limiting emissions at their sources.2. To avoid soil contamination when using dangerous
substances, the Contracting parties shall issue technical regu-lations, provide for checks, carry out research programmesand engage in educational work.
Article 16
Environmentally compatible utilisation of gritting materials
The Contracting Parties undertake to minimise the use of
gritting salt and, wherever possible, to use slippage-preventingand less contaminating materials such as gravel and sand.
Article 17
Contaminated soils, environmental liabilities,
waste management concepts
1. The Contracting Parties undertake to survey and
document their environmental liabilities and suspiciouslandfills (environmental liabilities register), to analyse thecondition of those areas and to assess their hazard potentialusing comparable methods.
2. To avoid soil contamination and to ensure the environ-
mentally compatible pretreatment, treatment and disposal ofwaste and residual materials, waste management conceptsshall be drawn up and implemented.
Article 18
Further measures
The Contracting Parties may take measures regarding soil
conservation which go beyond the measures provided for in
this Protocol.
CHAPTER III
RESEARCH, EDUCATION AND INFORMATION
Article 19
Research and monitoring
1. The Contracting Parties shall cooperate closely to promote
and harmonise research projects and systematic monitoringprogrammes which are conducive to achieving the objectivesof this Protocol.
2. The Contracting Parties shall ensure that the national
results of the research and systematic observation are integratedin a joint permanent observation and information system andthat they are made accessible to the public under the existinginstitutional framework.EN 22.12.2005 Official Journal of the European Union L 337/33
3. The Contracting Parties agree to coordinate their Alpine-
specific research projects on soil conservation while taking intoaccount other national and international research developments,and to envisage joint research activities.
4. Special attention shall be given to evaluations of soil sensi-
tivity regarding diverse human activities, to assessments of theregenerative capacity of soils, and to the examination of themost suitable pertinent technologies.
Article 20
Establishment of harmonised databases
1. The Contracting Parties agree to create comparable
databases (soil parameters, sampling, analysis, evaluation)within the framework of the Alpine monitoring and infor-mation system, and to establish possibilities for data exchange.
2. The Contracting Parties shall reach agreement about soil-
endangering substances which require priority treatment, andthey shall strive for comparable evaluation parameters.
3. The Contracting Parties shall strive to establish represen-
tative records of the condition of Alpine soils taking into
account the geological and hydrogeological situation, on thebasis of identical evaluation systems and harmonised methods.
Article 21
Establishment of permanent monitoring areas and coordi-
nation of environmental monitoring
1. The Contracting Parties undertake to establish permanent
monitoring areas in the Alpine region and to integrate them inan Alpine-wide soil monitoring network.
2. The Contracting Parties agree to coordinate their national
soil monitoring programmes with the environmental moni-toring programmes for air, water, flora and fauna.
3. Within the framework of their monitoring programmes,
the Contracting Parties shall establish soil sample databasesaccording to comparable parameters.
Article 22
Education and information
The Contracting Parties shall promote the education and further
training as well as the information of the public regarding theobjectives, measures and implementation of this Protocol.CHAPTER IV
IMPLEMENTATION, MONITORING AND EVALUATION
Article 23
Implementation
The Contracting Parties undertake to ensure the implementation
of this Protocol by taking any appropriate measures within theexisting institutional framework.
Article 24
Monitoring of compliance with obligations
1. The Contracting Parties shall regularly report to the
Standing Committee on measures taken under this Protocol.The reports shall also cover the effectiveness of the measurestaken. The Alpine Conference shall determine the intervals atwhich the reports must be submitted.
2. The Standing Committee shall examine these reports in
order to ensure that the Contracting Parties have fulfilled theirobligations under this Protocol. It may also ask for additional
information from the Contracting Parties concerned or have
recourse to other information sources.
3. The Standing Committee shall draw up a report on the
compliance of the Contracting Parties with the obligationsarising from the Protocol, for the attention of the AlpineConference.
4. The Alpine Conference shall take note of this report. If it
finds that obligations have not been met, it may adopt recom-mendations.
Article 25
Evaluation of the effectiveness of the provisions
1. The Contracting Parties shall regularly examine and
evaluate the effectiveness of the provisions of this Protocol.They shall consider the adoption of appropriate amendmentsto this Protocol where necessary in order to achieve objectives.
2. The regional and local authorities shall be associated with
this evaluation within the existing institutional framework. Non-governmental organisations active in this field may beconsulted.EN L 337/34 Official Journal of the European Union 22.12.2005
CHAPTER V
FINAL PROVISIONS
Article 26
Links between the Alpine Convention and the Protocol
1. This Protocol constitutes a Protocol to the Alpine
Convention within the meaning of Article 2 thereof and anyother relevant articles of the Convention.
2. Only Contracting Parties to the Alpine Convention may
become a party to this Protocol. Any denunciation of theAlpine Convention also implies denunciation of this Protocol.
3. Where the Alpine Conference discusses matters relating to
this Protocol, only the Contracting Parties to this Protocol maytake part in the vote.
Article 27
Signature and ratification
1. This Protocol shall be open for signature by the Signatory
States of the Alpine Convention and the European Communityon 16 October 1998 and from 16 November 1998 in the
Republic of Austria as the depositary.
2. This Protocol shall enter into force for the Contracting
Parties which have expressed their agreement to be bound bythe said Protocol three months after the date on which threeStates have deposited their instrument of ratification, acceptanceor approval.
3. For Parties which express their agreement to be bound by
the Protocol at a later date, the Protocol shall enter into forcethree months after the date of deposit of the instrument ofratification, acceptance or approval. After the entry into force
of an amendment to the Protocol, any new Contracting Party tothe said Protocol shall become a Contracting Party to theProtocol, as amended.
Article 28
Notifications
The depositary shall, in respect of this Protocol, notify each
State referred to in the Preamble and the EuropeanCommunity of
(a) any signature,
(b) the deposit of any instrument of ratification, acceptance or
approval,
(c) any date of entry into force,
(d) any declaration made by a Contracting Party or signatory,
(e) any denunciation notified by a Contracting Party, including
the date on which it becomes effective.
In witness whereof the undersigned, being duly authorised
thereto, have signed this Protocol.
Done at Bled on 16 October 1998 in the French, German,
Italian and Slovene languages, the four texts being equallyauthentic, the original text being deposited in the AustrianState archives. The depositary shall send a certified copy toeach of the signatory States.EN 22.12.2005 Official Journal of the European Union L 337/35