Proposal for a Council Decision concerning the conclusion of the Protocol of Accession of the Principality of Monaco to the Convention on the Protection of the Alps (97/C 347/06) COM(97) 237 final - 97/0147(CNS)

(Submitted by the Commission on 11 June 1997)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 130s (1) thereof, in conjunction with Article 228 (2) and the first subparagraph of Article 228 (3) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Whereas the European Community is a Contracting Party to the Convention on the Protection of the Alps (1),

Whereas the protection of the Alps is of great importance to all Member States owing to the cross-frontier nature of the environmental, economic and social problems of the Alpine country;

Whereas the Community took part in negotiations concerning the Protocol of Accession of the Principality of Monaco to the Convention on the Protection of the Alps and signed it on 20 December 1994 (2);

Whereas consent to be bound by the Alpine Convention also presupposes consent to be bound by the Protocol, which extends the geographical area to which the Convention applies;

Whereas the extension of the Alpine Convention to the Principality of Monaco makes more effective protection of the Alps throughout the entire Alpine area possible;

Whereas the Community should therefore approve the Protocol,

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol of Accession of the Principality of Monaco to the Convention on the Protection of the Alps is hereby approved on behalf of the European Community.

The text of the Protocol is attached to this Decision.

Article 2

The President of the Council is hereby authorized to designate the person(s) empowered to deposit, on behalf of the Community, the instrument of approval with the Republic of Austria in accordance with Article 11 (2) of the Alpine Convention.

(1) OJ L 61, 12. 3. 1996, p. 31.

(2) Council Decision of 16. 12. 1996, not yet published.

PROTOCOL OF ACCESSION of the Principality of Monaco to the Convention on the Protection of the Alps

THE REPUBLIC OF AUSTRIA,

THE FRENCH REPUBLIC,

THE FEDERAL REPUBLIC OF GERMANY,

THE ITALIAN REPUBLIC,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE REPUBLIC OF SLOVENIA,

THE SWISS CONFEDERATION,

THE EUROPEAN COMMUNITY,

SIGNATORIES to the Convention on the Protection of the Alps (Alpine Convention) on the one hand,

and

THE PRINCIPALITY OF MONACO, on the other,

Whereas the Principality of Monaco has requested to become a Contracting Party to the Alpine Convention,

In their desire to ensure the protection of the Alps throughout the entire Alpine area,

have agreed as follows:

Article 1

The Principality of Monaco hereby becomes a Contracting Party to the Convention on the Protection of the Alps as amended by this Protocol of Accession.

Article 2

The words 'Principality of Monaco` are added to the preamble.

Article 3

The Annex describing and depicting the Alpine region to which the Alpine Convention applies is amended as follows:

(a) the following is added to the list of administrative units of the Alpine area:

'- the Principality of Monaco`,

(b) the map in the Annex to the Alpine Convention is replaced by the map attached to this Protocol of Accession.

Article 4

1. Consent to be bound by this Protocol of Accession may be expressed by:

- signature not subject to ratification, acceptance or approval. The State making use of this possibility shall notify the depositary at the time of its signature that its signature is equivalent to consenting to be bound by this Protocol of Accession,

- signature subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the depositary.

2. This Protocol of Accession shall enter into force three months after the date on which the following three conditions have been satisfied:

- the Alpine Convention has entered into force,

- the Contracting Parties to the Alpine Convention have expressed their consent to be bound by the present Accession Protocol,

- the Principality of Monaco has expressed its consent to be bound by this Protocol of Accession.

3. For signatory States which are not yet Contracting Parties to the Alpine Convention, consent to be bound by this Protocol of Accession will take effect only on the date when the Alpine Convention enters into force in their regard.

Article 5

As from the date on which this Protocol of Accession is signed, no State shall be able to assert its consent to be bound by the Alpine Convention without having previously or simultaneously established its consent to be bound by this Protocol of Accession.

Article 6

This Protocol of Accession can only be denounced by denouncing the Alpine Convention.

Article 7

The depositary shall notify each of the Contracting Parties and signatory States of:

- any signature, specifying whether it is subject or not to ratification, acceptance or approval,

- the deposit of any instrument of ratification, acceptance or approval,

- any date of entry into force, in accordance with Article 4,

- any notification of denunciation and the date on which it becomes effective.

In witness thereof, the undersigned, being duly authorized thereto, have signed this Protocol of Accession.

Done at Chambéry, on 20 December 1994, in the French, German, Italian and Slovene languages, each text being equally binding; the original text shall be deposited in the Austrian State archives. The depositary shall send a certified copy to each of the signatory States.

For the Republic of Austria:

For the French Republic:

For the Federal Republic of Germany:

For the Italian Republic:

For the Principality of Liechtenstein:

For the Republic of Slovenia:

For the Swiss Confederation:

For the European Community:

9For the Principality of Monaco:

PROTOCOL OF ACCESSION of the Principality of Monaco to the Convention on the Protection of the Alps

THE REPUBLIC OF AUSTRIA,

THE FRENCH REPUBLIC,

THE FEDERAL REPUBLIC OF GERMANY,

THE ITALIAN REPUBLIC,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE REPUBLIC OF SLOVENIA,

THE SWISS CONFEDERATION,

THE EUROPEAN COMMUNITY,

SIGNATORIES to the Convention on the Protection of the Alps (Alpine Convention) on the one hand,

and

THE PRINCIPALITY OF MONACO, on the other,

Whereas the Principality of Monaco has requested to become a Contracting Party to the Alpine Convention,

In their desire to ensure the protection of the Alps throughout the entire Alpine area,

have agreed as follows:

Article 1

The Principality of Monaco hereby becomes a Contracting Party to the Convention on the Protection of the Alps as amended by this Protocol of Accession.

Article 2

The words 'Principality of Monaco` are added to the preamble.

Article 3

The Annex describing and depicting the Alpine region to which the Alpine Convention applies is amended as follows:

(a) the following is added to the list of administrative units of the Alpine area:

'- the Principality of Monaco`,

(b) the map in the Annex to the Alpine Convention is replaced by the map attached to this Protocol of Accession.

Article 4

1. Consent to be bound by this Protocol of Accession may be expressed by:

- signature not subject to ratification, acceptance or approval. The State making use of this possibility shall notify the depositary at the time of its signature that its signature is equivalent to consenting to be bound by this Protocol of Accession,

- signature subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the depositary.

2. This Protocol of Accession shall enter into force three months after the date on which the following three conditions have been satisfied:

- the Alpine Convention has entered into force,

- the Contracting Parties to the Alpine Convention have expressed their consent to be bound by the present Accession Protocol,

- the Principality of Monaco has expressed its consent to be bound by this Protocol of Accession.

3. For signatory States which are not yet Contracting Parties to the Alpine Convention, consent to be bound by this Protocol of Accession will take effect only on the date when the Alpine Convention enters into force in their regard.

Article 5

As from the date on which this Protocol of Accession is signed, no State shall be able to assert its consent to be bound by the Alpine Convention without having previously or simultaneously established its consent to be bound by this Protocol of Accession.

Article 6

This Protocol of Accession can only be denounced by denouncing the Alpine Convention.

Article 7

The depositary shall notify each of the Contracting Parties and signatory States of:

- any signature, specifying whether it is subject or not to ratification, acceptance or approval,

- the deposit of any instrument of ratification, acceptance or approval,

- any date of entry into force, in accordance with Article 4,

- any notification of denunciation and the date on which it becomes effective.

In witness thereof, the undersigned, being duly authorized thereto, have signed this Protocol of Accession.

Done at Chambéry, on 20 December 1994, in the French, German, Italian and Slovene languages, each text being equally binding; the original text shall be deposited in the Austrian State archives. The depositary shall send a certified copy to each of the signatory States.

For the Republic of Austria:

For the French Republic:

For the Federal Republic of Germany:

For the Italian Republic:

For the Principality of Liechtenstein:

For the Republic of Slovenia:

For the Swiss Confederation:

For the European Community:

9For the Principality of Monaco:

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