Proposal for a COUNCIL DECISION on the conclusion of the Convention on the protection of the Alps (Alpine Convention)
Date: 1994-09-07
Institutions: European Commission
Subjects: Alpine Region, action programme, cross-border cooperation, environmental protection, international convention, the EU's international role

COMMISSION  OF  THE  EUROPEAN  COMVIUNITIES 

C0MC94) 336 final 
Brussels, 07.09.1994 

94/0193  (CNS) 

Proposal  for a 

ON THE CONCLUSION OF THE 

CONVENTION ON THE PROTECTION OF THE ALPS  (ALPINE CONVENTION) 

(presented  by  the Commission) 

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EXPLANATORY  MEMORANDUM 

1. A  Convention  on  the  protection  of  the  Alps  (Alpine  Convention)  was 

signed  in Salzburg  (Austria) on 7 November  1991  by  six  countries, three 

of  which  are members  of  the Community  (France, Germany  and  Italy), and 

by  the Community  itself. 

Under  Article  12(3) this Convention  shall  enter  into  force  three  months 

after  the  date  by  which  the  third  ratification,  acceptance  or  approval 

instrument  has been deposited. 

2. The  Alpine  Convention  was  drawn  up  under  the  auspices  of  the 

Berchtesgaden  International  Conference  held  in May  1989 and  attended  by 

the  Ministers  for  the  Environment  of  the  seven  Alpine  countries 

(Austria,  France,  Germany,  Italy,  Liechtenstein,  Switzerland  and 

Yugoslavia) and by  the European Community. 

3. The Alpine Convention defines a body of general  obligations which  aim to 

find  solutions  to problems  linked  with  the  safeguarding  and  protection 

of  the Alpine  ecosystem, one  of  the most  important  in Europe,  in order 

to ensure  the  sustainable  development  of  alpine  regions.  It  is  in fact 

only  a  general  framework  which  must  be  supplemented  as  quickly  as 

possible  by  the  development  and  adoption  of  the  protocols  which  are 

currently  in preparation,  in particular  in the following  areas: 

conservation of nature and  the countryside 

mountain  farming 

mountain  forests 

transport 

energy 

tourism and  recreation 

regional  planning 

protection of  the soil. 

3> 

4. Work  on  preparing  a  draft  Convention  was  widely  influenced  by  the 

Community's  policies  and  laws  relating  to  the  above  mentioned  sectors. 

This  applies  equally  to  the  preparation  of  the  protocols  which  are 

intended  to ensure practical  implementation of  the principles  set out  in 

the  framework  Convention.  Authorization  to  sign  this  on  behalf  of  the 

Community  was given by  the Council  Decision of  4 November  1991. 

5. The Commission  feels that  it  is now desirable  that  the Community  and  the 

Member  States  which  are  signatories  to  the  Convention  should,  within 

their  respective  areas  of  responsibility,  be  ready  to  complete  their 

ratification,  acceptance  or  approval  procedures  relating  to  the 

Convention as soon as possible. 

6. Although  many  Community  policies  and  laws  may  be  affected  by  the 

Convention  and  its  protocols,  the  measures  prescribed  by  these  acts 

constitute  environmental  policy  instruments.  The  Council  Decision  must 

therefore  have  its  legal  basis  in paragraphs  2  and  3  (first  paragraph) 

of  Article  228 of  the  Treaty,  in  conjunction  with  Article  130S  of  the 

Treaty. 

H 

PROPOSAL  FOR A COUNCIL DECISION ON THE CONCLUSION OF THE 

CONVENTION ON THE PROTECTION OF THE ALPS  (ALPINE CONVENTION) 

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in 

particular  to paragraphs  2 and  3  (first  paragraph) of  Article  228  thereof 

In conjunction with Article  130S thereof; 

Having  regard  to the proposal  from the Commission; 

Having  regard  to the opinion of  the European Parliament;1 

Having  regard  to the opinion of  the Economic and Social  Committee-,2 

Whereas  the  Commission  has  been  involved, on  behalf  of  the  Community,  in 

the  negotiations  aimed  at  the  conclusion  of  the  Convention  on  the 

protection  of  the  Alps  (Alpine  Convention)3  and  whereas  that  Convention 

was signed on behalf of the Community on 7 November  1991;4 

Whereas  the conclusion of  that Convention  forms part of  the  involvement of 

the  Community  in  the  international  activities  on  the  protection  of  the 

environment  recommended  in  the  Council  Resolution  of  16 December  1992  on 

the Vth Programme of Action by  the European Communities on  the Environment; 

Whereas  the  protection  of  the  Alps  is  a  major  challenge  to  all  of  the 

Community  Member  States owing  to the cross-frontier  nature of  the economic, 

social  and ecological  problems of  the Alpine area; 

1  OJ No C 

2  OJ No C 

of 

of 

3 Council  decision of  14.5.1991, not published  in the OJ 

4 Council  decision of 4.11.1991, not published  in the OJ 

s 

Whereas, the Community  should  therefore approve  the said Convention; 

Whereas,  in order  to permit  the  rapid  entry  into  force  of  that  Convention 

it  is  necessary  that  the  Member  States  which  have  signed  the  said 

Convention  should  complete  as  soon  as  possible  their  ratification, 

acceptance  and approval  procedures relating  to the said Convention  in order 

to  enable  the  Community  and  those  Member  States  to  deposit  their 

ratification, acceptance or approval  instruments. 

HAS ADOPTED THIS DECISION: 

Article 1 

The  Convention  on  the  protection  of  Alps  (Alpine  Convention)  shall  be 

approved  by  the European Community. 

The  text of  the Alpine Convention  shall  be annexed  to this Decision. 

Art icle 2 

The  President  of  the  Council  shall,  on  behalf  of  the  European  Community, 

deposit  the approval  instrument  with  the Republic  of Austria  in accordance 

with  the provisions of Article  12 of  the Convention. 

Article  3 

This decision  is addressed  to the Member States. 

Done at Brussels 

The Council 

G 

CONVENTION 

ON  THE  PROTECTION  OF  THE  ALPS 

^ 

The Federal BepuhLic of Germany, 

the French Republic, 

the Italian Republic, 

the Republic of Slovenia, 

the Principality of Liechtenstein, 

the Republic of Austria, 

the Swiss Confédération 

and 

the European Economic Ctauounity. 

aware that the Alps are one of the largest continuous unspoilt natural 

areas in Europe, wliich, with their outstanding unique and diverse natural 

habitat, culture and history, constitute an economic, cultural, 

recreational and living environment in the heart of Europe, shared by 

numerous peoples and countries, 

recognizing that the Alps constitute the living and economic envircœiment 

for the indigenous population and are also vitally iioportant for extra-

Alpine regions, being the site of important transport routes, for exaiaple, 

s 

recognizing the fact that the Alps constitute an essential habitat and last 

refuge for many endangered species of plants and animals, 

aware of the substantial differences existing between national legal 

systems, natural conditions, population distribution, agriculture and 

forestry, the state and development of the economy, the volume of traffic 

and the nature and intensity of tourism, 

aware that the ever-growing pressures caused by man are increasingly 

threatening the Alpine region and its ecological functions, and that the 

damage is either irreparable or rectifiable only with great effort, at 

considerable cost and, as a rule, over a long period of time, 

œnvinoed of the need for economic interests to be reconciled with 

ecological requirements, 

following the outcome of the first Alpine Conference of Environment 

Ministers held in Berchtesgaden from 9 toll October 1989, have agreed as 

follows: 

Article 1 

Scope 

(1)  The Convention shall cover the Alpine region, as described and 

depicted in the Annex. 

5 

(2)  Each Contracting Party may, when depositing its instrument of 

ratification, acceptance or approval or at any time thereafter, extend 

the application of this Convention to additional parts of its national 

territory by making a déclaration to the depositary, the Republic of 

Austria, provided that this is necessary to implement the provisions 

of the Convention. 

(3)  Any declaration made under paragraph (2) may, in respect of any 

national territory specified in such declaration, be withdrawn by a 

notification addressed to the depositary.  The withdrawal shall become 

effective on the first day of the month following the expiration of a 

period of six months after the date of receipt of such notification by 

the depositary. 

Article 2 

General Obligations 

(1)  The Contracting Parties shall pursue a comprehensive policy for the 

preservation and protection of the Alps by applying the principles of 

prevention, payment by the polluter (the "polluter pays" principle) 

and cooperation, after careful consideration of the interests of all 

the Alpine States, their Alpine regions and the European Economic 

Community, and through the prudent and sustained use of resources. 

Transborder cooperation in the Alpine region shall be intensified and 

extended both in terms of the territory and the number of subjects 

covered. 

(2)  In order to achieve the objective referred to in paragraph (1), the 

Contracting Parties shall take appropriate measures in particular in 

the following areas: 

-to 

(a)  Population and culture - the objective is to respect, preserve 

and promote the cultural and social indeperjd.ence of the 

indigenous population and to guarantee the basis for their 

living standards, in particular enviroiimentally sound settlement 

cooperation between Alpine and extra-Alpine populations; 

(b)  Regional planning - the objective is to ensure the economic and 

rational use of land and the sound, harmonious development of 

the whole region, particular amihasis being placed on natural 

hazards, the avoidance of under- and over-use and the 

conservation or rehabilitation of natural habitats by means of a 

thorough clarification and evaluation of land-use requirements, 

foreslghted integral planning and coordination of the measures 

taken; 

(c)  Prevention of air pollution - the objectiva is to drastically 

reduce the emission of pollutants and pollution problems in the 

Alpine region, together with inputs of harmful substances from 

outside the region, to a level which is not harmful to man, 

animals and plants; 

(d)  Soil conservation - the objective is to reduce quantitative and 

qualitative soil damage, in particular fay applying agricultural 

and forestry methods which do not harm the soil, through mijoiitrum 

interference with soil and land, control of erosion and the 

restriction of soil sealing'; 

^ <7 

(e)  Water management - the objective is to preserve or reestablish 

healthy water systems, in particular by keeping lakes and rivers 

free of pollution, by applying natural hydraulic engineering 

techniques and by using water power, which serves the interests 

of both the indigenous population and the environment alike; 

(f )  Conservation of nature and the countrysi.de - the objective is to 

protect, conserve and, where necessary, rehabilitate the natural 

environment and the countryside, so that ecosystems are able to 

function, animal and plant species, including their habitats, 

are preserved, nature's capacity for regeneration and sustained 

product!vity is maintained, and the variety, uniqueness and 

beauty of nature and the countryside as a whole are preserved on 

a permanent basis. 

(g)  Mountain farming- - the objective is, in the public interest, to 

maintain the management of land traditionally cultivated by man 

and to preserve and promote a system of farming which suits 

local conditions and is environmentally compatible, taking into 

account the less favourable economic conditions; 

(h)  Mountain forests - the objective is to preserve, reinforce and 

restore the role of forests, in particular their protective 

role, by improving the resistance of forest ecosystems mainly by 

applying natural forestry techniques and preventing any 

utilization detrimental to forests, taking into account the less 

favourable economic conditions in the Alpine region; 

(3) 

-u 

(i)  Tourism and recreation - the objective is, by restricting 

activities harmful to the environment, to harmonize tourism and 

recreational activities with ecological and social requirements, 

in particular by setting aside quiet areas; 

(j)  Transport - the objective is to reduce the volume and dangers of 

inter-Alpine and trans-Alpine traffic to a level which is not 

harmful to humans, animals and plants and their habitats, by 

switching more traffic, in particular freight traffic, to the 

railways in particular by providing appropriate infrastructures 

and incentives complying with market principles, without 

discrimination on grounds of nationality; 

(k)  Energy - the objective is to introduce methods for the 

production, distribution and use of energy which preserve the 

countryside and are environmentally compatible, and to promote 

energy-saving measures; 

(1)  Waste management - the objective is to develop a system of waste 

collection, utilization and disposal which meets the special 

topographic, geological and climatic requirements of the Alpine 

region, paying particular attention to waste avoidance. 

(3)  The Contracting Parties shall agree upon Protocols laying down details 

for the implementation of this Convention. 

^3 

Article 3 

Research and systematic monitoring 

In the areas specified in Article 2, the Contracting Parties shall agree 

to: 

(a)  cooperate in the carrying out of research activities and 

scientific assessments; 

(b)  develop joint or complementary systematic monitoring programmes; 

(o)  harmonize research, monitoring and related data-acquisition 

activities. 

Legal, scientific, economic and technical cooperation 

Article 4 

(1)  The Contracting Parties shall facilitate and promote the exchange of 

legal, scientific, economic and technical information relevant to this 

Convention. 

^7 ± 

(2)  The Contracting Parties shall inform each other of planned legal or 

economic measures which are expected to have particular effects on the 

Alpine region or parts thereof, in order to give the utmost 

consideration to cross-border and regional requirements. 

(3)  The Contracting Parties sha.11 cooperate with international 

governmental and non-governmental organizations, where necessary, to 

ensure the effective implementation of the Convention and the 

Protocols to which they are a Contracting Party. 

(4)  The Contracting Parties shall ensure that the public are regularly 

kept informed in an appropriate manner about the results of research, 

monitoring and action taken. 

(5)  The Contracting Parties' obligations under this Convention with regard 

to the provision of information shall be subject to compliance with 

national laws on confidentiality.  Information designated confidential 

sha.11 be treated as such. 

Article 5 

Conference of Omtracting Parties 

(1)  Regular meetings of the Conference of Contracting Parties shall be 

held to discuss the common concerns of and cooperation between the 

Contracting Parties. 

1? 

The first meeting of the Alpine Conference shall be convened a year 

after the entry into force of this Convention at the latest by a 

Contracting Party to be determined by agreement. 

(2)  Subsequently, ordinary meetings of the Conference shall normally be 

convened every two years by the Contracting Party holding the Chair. 

The Chairmanship and location shall change after each ordinary meeting 

of the Conference.  Both shall be determined by the Alpine Conference. 

(3)  The Contracting Party holding the Chair shall propose the agenda for 

the meeting of the Conference.  Each Contracting Party shall have the 

right to have other items included on the agenda. 

(4)  The Contracting Parties shall forward to the Conference information on 

the measures which they have taken in implementation of the Convention 

and the Protocols to which they are a Contracting Party, subject to 

national laws on confidentiality, 

(5)  The United Nations, its specialized agencies, the Council of Europe 

and all European countries may take part in the meetings of the 

Conference as observers.  The same applies to cross-border 

associations of Alpine territorial authorities.  In addition, relevant 

international non-governmental organizations may be admitted to the 

Conference as observers. 

(6)  Extraordinary meetings of the Conference shall be held by consensus or 

if a written application has been made to the presiding Contracting 

Party by one third of the Contracting Parties between two ordinary 

meetings. 

0& 

Article 6 
Functions of the Oanferenoe 

At its meetings, the Conference shall examine the implementation of the 

Convention and Protocols, together with Annexes, and, in particular, shall 

carry out the following functions at its meetings: 

(a)  It shall adopt amendments to the Convention under the procedure laid 

down in Article 10. 

(b)  It shall adopt Protocols and their Annexes and amendments thereto 

under the procedure laid down in Article 11. 

(c)  It shall adopt its rules of procedure. 

(d)  It shall make the necessary fiiiancial decisions. 

(e)  It shall approve the creation of Working Groups deemed necessary for 

the implementation of the Convention. 

(f)  It shall take note of assessments of scientific information. 

11-

(g)  It shall decide or recommend measures to achieve the objectives laid 

down in Articles 3 and 4, sha.11 determine the nature, subject and date 

of submission of the information to be submitted in accordance with 

Article 5(4), and shall take note of this information, together with 

the reports submitted by the Working Groups. 

(h)  It shall be responsible for carrying out essential Secretariat 

functions. 

Article  7 
Decision-making within the Conference 

(1)  The Conference shall reach its decisions unanimously unless otherwise 

determined below.  If all efforts to achieve unanimity with regard to 

the functions referred to in Article 6(c), (f) and (g) have failed and 

the Chairman specifically establishes this fact, the decision shall be 

reached by a three-quarters majority of the Contracting Parties 

present and voting at the meeting. 

(2)  Each Contracting Party shall have a vote at the Conference.  Within 

the areas of its competence, the European Economic Community shall 

exercise its right to vote with a number of votes equal to the number 

of its Member States which are Contracting Parties to this Convention; 

the European Economic Community shall not exercise its right to vote 

in cases where the Member States exercise theirs. 

^% 

Article 8 

Standing Committee 

(1)  A Conference Standing Committee consisting of delegates of the 

Contracting Parties shall be set up as an executive body. 

(2)  Signatory States which have not yet ratified the Convention shall have 

observer status at Standing Committee meetings.  In addition, any 

Alpine State which has not yet signed this Convention may be given 

this status on demand. 

(3)  The Standing Committee shall adopt its rules of procedure. 

(4)  In addition, the Standing Committee shall decide on the procedures for 

any participation of representatives of governmental and/or non 

governmental organizations at its meetings. 

(5)  The Contracting Party presiding over the Conference shall appoint the 

Chairman of the Standing Committee. 

(6)  The Standing Committee shall carry out the following functions in 

particular: 

"*e> 

(a)  It shall, analyse the information submitted by the Contracting Parties 

in accordance with Article 5(4) and report to the Alpine Conference; 

(b)  it shall collect and assess documents with regard to the 

implementation of the Convention and Protocols, together with Annexes, 

and shall submit them to the Conference for examination in accordance 

with Article 6; 

(o)  It shall inform the Alpine Conference about the implementation of the 

Conference's decisions; 

(d)  It shall prepare the programme for meetings of the Conference and may 

propose items for the agenda as well as other measures relating to the 

implementation of the Convention and its Protocols; 

(e)  It shall appoint Working Groups to formulate Protocols and 

recommendations, in accordance with Article 6(e) and coordinate their 

activities ; 

(f)  It shall examine and harmonize the contents of draft Protocols from an 

overall point of view and propose them to the Conference; 

(g)  It shall propose measures and recommendations for the achievement of 

the objectives contained in the Convention and its Protocols to the 

Conference; 

(7)  Decision-making within the Standing Committee shall take place in 

accordance with the provisions laid down in Article 7. 

^^ 

Article 9 
Secretariat 

The Conference may decide unanimously to set up a permanent Secretariat. 

Article 10 
Amendments to the Convention 

Any Contracting Party may submit proposals for amendments to this 
Convention to the Contracting Party presiding over the Conference.  Such 
proposals sha.11 be œiraïunicated to the Contracting Parties and signatory 
States by the Contracting Party presiding over the Conference at least six 
months before the Conference meeting at which they are to be considered. 
Amendments to the Convention shall come into force in accordance with 
Article 12(2), (3) and (4). 

Article 11 
Protocols and amendment thereto 

(1)  Draft Protocols within the meaning of Article 2(3) shall be 

communicated to the Contracting Parties and signatory States by the 
Contracting Party presiding over the Conference at least six months 
before the Conference meeting at which they are to be considered. 

-M 

(2)  The Protocols adopted by the Conference shall be signed at the 

Conference meetings or subsequently at the depositary.  They shall be 

applicable to those Contracting Parties which have ratified, accepted 

or approved them.  In order for a Protocol to come into force at least 

three ratifications, acceptances or approvals shall be necessary.  The 

relevant documents sha.11 be deposited with the depositary, the 

Republic of Austria. 

(3)  Unless otherwise provided for in the Protocol, the entry into force 

and denunciation of a Protocol shall be governed by Articles 10, 13 

and 14. 

(4)  In the case of amendments to Protocols, paragraphs (l)-(3) shall apply 

mutatis mutandis. 

Article 12 

Signature and Ratification 

(1)  This Convention shall be open for signature from 7 November 1991 in 

the Republic of Austria as depositary. 

(2)  The Convention sha.11 be subject to ratification, acceptance or 

approval.  The instruments of ratification, acceptance or approval 

shall be deposited with the depositary. 

(3)  The Convention shall enter into force 3 months after the date on which 

three States have expressed their consent to be bound by the 

Convention, in accordance with the provisions of paragraph (2). 

zz 

(4)  In the case of any signatory State which subsequently expresses its 

consent to be bound by the Convention in accordance with the 

provisions of paragraph (2), the Convention sha.11 enter into force 

3 months after the date of deposit of the instrument of ratification, 

acceptance or approval. 

Article 13 

Denunciation 

(1)  Any of the Contracting Parties may at any time denounce this 

Convention by means of a notification addressed to the depositary. 

(2)  Such denunciation shall become effective on the first day of the month 

following the expiration of a period of six months after the date of 

receipt of notification by the depositary. 

Article 14 

Notifications 

The depositary shall notify each of the Contracting Parties and signatory 

States of: 

(a)  any signature; 

(b)  the deposit of any instrument of ratification, acceptance or approval; 

Z  3 

(o)  any date of entry into force of the Convention, in accordance with 

Article 12; 

(d)  any declaration made in accordanoe with Article 1(2) and (3); 

(e)  any notification made under Article 13 and the date on which 

denunciation becomes effective. 

In witness whereof the undersigned, being duly authorized thereto, have 

signed this Convention. 

Done at Salzburg on 7 November 1991 in the German, French, 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 Federal Republic of Germany: 

For the French Republic: 

For the Italian Republic: 

For the Republic of Slovenia; 

For the Principality of Liechtenstein: 

For the Republic of Austria: 

For the Swiss Confederation: 

For the European Economic Community: 

ISSN 0254-1475 

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