PROTOCOL
on the implementation of the Alpine Convention of 1991 in the field of energy
Energy 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 Alpine
region;
IN COMPLIANCE with their obligations under Article 2(2) and (3) of the Alpine Convention;
CONSCIOUS of the importance of establishing forms of energy production, distribution and use which are not harmful to
nature and the countryside, which are environmentally friendly and compatible with the promotion of energy-saving
measures;
TAKING account of the need to reduce greenhouse gases in the Alpine region and thereby comply with commitments
under the United Nations Framework Convention on Climate Change;
CONVINCED of the need to harmonise economic interests and ecological requirements;CONSCIOUS that the Alpine region is of particular importance in Europe and that, in terms of geomorphology, its
climate, water, vegetation, fauna, countryside and culture, this is a heritage as unique as it is diverse, and that the region ’s
high mountains, valleys and the Pre-Alps are environmental entities which all States, not just Alpine ones, have a duty toprotect;
CONSCIOUS that the Alps are more than where the local population live and work but are also very important to extra-
Alpine regions, in particular because it is a transit region with a high level of trans-European traffic of people and goods,
but also international energy distribution networks;EN L 337/36 Official Journal of the European Union 22.12.2005
TAKING ACCOUNT of the environmental sensitivity of the Alpine region, particularly concerning production, transport
and energy-use activities which interact with the key aspects of nature protection, town and country planning and land
use;
TAKING ACCOUNT of the fact that, faced with risks to environmental protection, in particular due to possible climate
change caused by humans, it has become necessary to pay particular attention to the close links between mankind ’s social
and economic activities and the conservation of ecosystems which require, especially in the Alpine region, appropriate
and diversified measures to be adopted in agreement with the local population, political institutions and economic andsocial organisations;
CONVINCED that the local population must be able to define its own social, cultural and economic development plan
and take part in its implementation in the existing institutional framework;
CONVINCED that certain problems can only be resolved in a cross-border framework and require joint measures on the
part of the Alpine States and the local communities directly concerned;
CONVINCED that meeting energy needs is an important factor in economic and social development, both within and
outside the Alpine region;
CONSCIOUS of the extent of the use and further development of economic instruments which could enable the actual
costs to be better taken into account when calculating energy prices;
CONVINCED that the Alpine region will make a long-term contribution to meeting Europe ’s energy needs and that it
must itself have, apart from sufficient drinking water, sufficient energy resources to improve local living conditions andeconomic productivity;
CONVINCED that the Alpine region plays a particularly important role in the interconnection of European countries ’
energy systems;
CONVINCED that, in the Alpine region, measures aimed at rational energy use and sustainable use of water and wood
resources contribute towards meeting national energy needs and that it is increasingly important to make use of biomass
and solar energy;
HAVE AGREED AS FOLLOWS:
CHAPTER I
GENERAL PROVISIONS
Article 1
Objectives
The Contracting Parties shall commit themselves to creating
framework conditions and adopting measures for energysaving, production, transport, distribution and utilisationwithin the territorial scope of the Alpine Convention in orderto establish sustainable development in the energy sector whichis compatible with the Alpine region ’s specific tolerance limits.
In so doing the Contracting Parties will make an importantcontribution to protecting local communities and the envir-onment and to safeguarding resources and the climate.
Article 2
Basic commitments
1. In accordance with this Protocol, the Contracting Parties
shall:(a) harmonise their energy-saving plans with their plans for the
general development of the Alpine region;
(b) adapt production, transport and energy distribution systems
in order to make optimal overall use of the infrastructuresystem in the Alpine region, taking account of the need forenvironmental protection;
(c) limit the impact of energy on the environment by opti-
mising the provision of services to energy end-usersthrough, amongst other things and as far as possible,adopting the following measures:
—reducing energy needs through the use of more efficient
technologies;
—making wider use of renewable energy sources to meet
remaining energy needs;
—optimising existing plants which produce energy from
non-renewable sources;EN 22.12.2005 Official Journal of the European Union L 337/37
(d) limit the negative effects of power plants on the envir-
onment and the landscape, including those concerning themanagement of waste produced by them, by adoptingpreventive measures for the new plants and, if necessary,improving existing ones;
2. In the event of the construction of new, large power
plants and a significant increase in the capacity of existingones, the Contracting Parties, in accordance with current law,shall proceed to evaluate the impact on the Alpine environmentand to evaluate the territorial and socioeconomic effects of thisin accordance with Article 12. The Parties shall recognise the
right to consultation at international level on projects with
cross-border effects.
3. The Contracting Parties shall take account in their energy
policies of the fact that the Alpine region lends itself to using
renewable energy sources and shall encourage mutual colla-
boration in development programmes in this area.
4. The Contracting Parties shall preserve protected areas and
their buffer zones, other protected and quiet zones as well as
areas of unspoilt nature and countryside; they shall optimiseenergy infrastructures according to the different levels of vulner-ability, tolerance and the ongoing deterioration of the Alpineecosystem.
5. The Contracting Parties should be aware that an appro-
priate research and development policy instigating preventiveand improving measures can make a significant contributionto protecting the Alps from the impact of energy infrastructureson the environment. They shall encourage research and devel-opment activities on this subject and shall exchange the mainresults.
6. The Contracting Parties shall cooperate with a view to
developing methods for taking better account of the truecosts in the field of energy.
Article 3
Conformity with international law and other policies
1. This Protocol shall be implemented in accordance with
international legal standards, particularly those of the AlpineConvention and the Protocols drafted pursuant to it, and inaccordance with current international agreements.2. The Contracting Parties shall undertake to also take
account of the aims of this Protocol in their other policies,particularly in the fields of town and country planning andregional development, transport, agriculture and forestry aswell as tourism in order to avoid negative or conflictingeffects in the Alpine region.
Article 4
Participation of regional and local authorities
1. Each Contracting Party shall define, within its institutional
framework, the best level of coordination and cooperationbetween the institutions and regional authorities directlyconcerned so as to encourage solidarity of responsibility, inparticular to exploit and develop synergies when applyingenergy policies in the Alpine region and implementingmeasures under them.
2. The regional and local authorities directly concerned shall
be parties to the various stages of preparing and implementingthese policies and measures, within their competence and withinthe existing institutional framework.
3. The Contracting Parties shall encourage international
cooperation between the institutions directly concerned by theproblems linked to energy and the environment so as toencourage an agreement on the solutions to common problems.
CHAPTER II
SPECIFIC MEASURES
Article 5
Energy saving and rational use
1. The Alpine region requires specific measures for saving,
distributing and making rational use of energy. These measuresmust take account of:
(a) energy needs which are spread over vast areas and which
vary greatly according to altitude, the season and thedemands of tourism;
(b) the local availability of renewable energy resources;
(c) the particular impact of atmospheric immissions in basins
and valleys due to their geomorphological configuration.
2. The Contracting Parties shall seek to make energy use
more environmentally friendly and shall, as a priority,encourage energy saving and rational energy use, particularlyconcerning production processes, public services and largehotel complexes, as well as facilities for transport and sportand leisure activities.EN L 337/38 Official Journal of the European Union 22.12.2005
3. They shall adopt measures and make provisions, parti-
cularly in the following areas:
(a) improving insulation in buildings and the efficiency of
heating systems;
(b) optimising the performance of heating, ventilation and air
conditioning systems;
(c) periodic monitoring and reduction, where appropriate, of
polluting emissions from thermal plants;
(d) saving energy through modern technological processes for
energy use and conversion;
(e) individual calculation of the costs of heating and hot water;
(f) planning and promoting new buildings which use low-
energy technologies;
(g) promoting and implementing municipal or local energy and
climate projects in accordance with measures provided forin Article 2, paragraph 1.c;
(h) improving energy performance in buildings undergoing
renovation and encouraging the use of environmentally-friendly heating systems.
Article 6
Renewable energy resources
1. The Contracting Parties shall undertake, within the limits
of their financial resources, to promote and give preferentialtreatment to renewable energy resources which are environ-mentally friendly and do not harm the countryside.
2. They shall also encourage the use of decentralised plants
for the use of renewable energy sources such as water, the sunand biomass.
3. The Contracting Parties shall encourage the use of
renewable energy resources, even in combination with existingconventional supplies.
4. The Contracting Parties shall particularly encourage energy
produced through the rational use of water and wood fromsustainably managed mountain forests.Article 7
Hydroelectric power
1. The Contracting Parties shall ensure that the ecological
functions of watercourses and the integrity of the landscapeare maintained through appropriate measures, such as estab-lishing minimum flows, implementing standards for thereduction of artificial fluctuations in water level and shallguarantee animal migration in the case of new hydroelectricplants, and existing ones where possible.
2. The Contracting Parties may adopt measures aimed at
improving the competitiveness of existing hydroelectric plants,subject to compliance with their safety and environmentalstandards.
3. They shall also undertake to protect water resources in
areas reserved for drinking water, in protected areas and theirbuffer zones, other protected and quiet zones as well as areas ofunspoilt nature and countryside.
4. The Contracting Parties shall recommend reopening
disused hydroelectric plants rather than building new ones.The provision under paragraph (1) on the protection ofaquatic ecosystems and other related systems shall also beapplied to the reopening of existing hydroelectric plants.
5. The Contracting Parties may, in the framework of their
national legislation, examine how they can make end-consumersof Alpine resources pay market-related prices, and the extent towhich the local population can be fairly compensated for
services supplied in the general interest.
Article 8
Energy from fossil fuels
1. The Contracting Parties shall ensure that the best available
techniques are used in new thermal plants using fossil fuels toproduce electricity or heat. The Contracting Parties shall limitemissions from existing plants in the Alpine region as far aspossible through the use of appropriate technologies and/or fueltypes.
2. The Contracting Parties shall examine the technical and
economic feasibility and the environmental compatibility of
replacing fossil fuel thermal plants with ones which use
renewable energy sources or are decentralised.
3. The Contracting Parties shall adopt measures in favour of
cogeneration in order for energy to be used more rationally.EN 22.12.2005 Official Journal of the European Union L 337/39
4. In border regions, the Contracting Parties shall, as far as
possible, harmonise and connect their emission and immissionmonitoring systems.
Article 9
Nuclear energy
1. The Contracting Parties shall undertake, within the
framework of international conventions, to exchange compre-hensive information on plants and other nuclear installationswhich have, or could have, consequences for the Alpine region,with the aim of ensuring the long-term protection of the healthof the people, the flora and fauna, and their biocoenosis, habitatand interactions.
2. Furthermore, the Contracting Parties shall ensure the
harmonisation and connection, as far as possible, of theirsystems for monitoring environmental radioactivity.
Article 10
Transport and energy distribution
1. The Contracting Parties shall continue to rationalise and
optimise all existing infrastructures while taking account ofrequirements for environmental protection and especially theneed to preserve very sensitive ecosystems and the landscape,
while at the same time, where appropriate, taking steps to
protect the local people and the Alpine environment.
2. When constructing electricity transmission lines and
power stations linked to them, as well as oil and gas
pipelines, including pumping stations and booster stations andplants which are very significant from an environmental pointof view, the Contracting Parties shall implement all thenecessary measures to avoid disturbance to the local peopleand the environment, including, if possible, the use of pre-existing facilities and grids.
3. Concerning electricity transmission lines, the Contracting
Parties shall take particular account of the importance ofprotected areas and their buffer zones, other protected andquiet zones as well as areas of unspoilt nature and landscape,as well as birdlife.
Article 11
Renaturalisation and environmental engineering
The Contracting Parties shall use pilot studies and environ-
mental impact studies provided for under current legislationto establish arrangements for the restoration of aquaticlocations and environments following the completion of public
or private works in the energy field relating to the Alpineenvironment and ecosystems. This shall be done, as far aspossible, by employing environmental engineering techniques.
Article 12
Environmental impact analysis
1. The Contracting Parties shall, in accordance with national
legislation and international conventions and agreements, carry
out an initial evaluation of the environmental impact of anyplanned power plant under Articles 7, 8, 9 and 10 of thepresent Protocol, and of any substantial change made to theseplants.
2. The Contracting Parties shall recognise the advisability of
adopting, as far as possible, the best available techniques so asto eliminate or limit environmental impact by making provisionfor the decommissioning of disused and non-environmentallyfriendly plants.
Article 13
Dialogue
1. The Contracting Parties shall undertake to consult one
another prior to starting any project which may have cross-
border effects.
2. For projects which may have cross-border effects, the
Contracting Parties concerned must be able to present theircomments in good time, and these will be taken into accountwhen issuing permits.
Article 14
Further action
The Contracting Parties may take further action than measures
on energy and sustainable development set out in this Protocol.
CHAPTER III
RESEARCH, TRAINING AND INFORMATION
Article 15
Research and observation
1. The Contracting Parties shall, in close collaboration and
taking account of results already achieved at various nationaland international levels, encourage and harmonise research andsystematic observation in order to achieve the targets set out inthis Protocol; in particular concerning the methods and criteriafor analysis and for evaluation of the impact on the envir-onment and the climate, as well as specific technologies forsaving and making rational use of energy in the Alpine region.EN L 337/40 Official Journal of the European Union 22.12.2005
2. They shall also take account of the results of research in
the process of defining and checking targets and energy policymeasures as well as in their training and technical assistanceactivities at local level for the benefit of local people, economicoperators and regional and local authorities.
3. The Contracting Parties shall ensure that the various
national results of the research and systematic observation areintegrated in a joint permanent observation and informationsystem and that they are made accessible to the public underthe existing institutional framework.
Article 16
Training and information
1. The Contracting Parties shall encourage basic and further
training and the provision of information to the public aboutthe objectives, measures and implementation of this Protocol.
2. They shall particularly encourage the further development
of training, continuous training and technical assistanceconcerning energy, including protecting the environment,nature and the climate.
CHAPTER IV
IMPLEMENTATION, MONITORING AND EVALUATION
Article 17
Implementation
The Contracting Parties shall undertake to ensure the implemen-
tation of this Protocol by taking any appropriate measureswithin the existing institutional framework.
Article 18
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 additionalinformation from the Contracting Parties concerned or haverecourse 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 19
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.
CHAPTER V
FINAL PROVISIONS
Article 20
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 any
other 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 21
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 in the Republic of Austria, as thedepositary, from 16 November 1998.EN 22.12.2005 Official Journal of the European Union L 337/41
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 forceof an amendment to the Protocol, any new Contracting Party tothe said Protocol shall become a Contracting Party to theProtocol, as amended.
Article 22
Notification
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 French, German, Italian
and Slovene, all four texts being equally binding, in one copy to
be deposited in the Austrian State archives. The depositary shallsend a certified copy to each of the signatory Parties.EN L 337/42 Official Journal of the European Union 22.12.2005