Protocol on the implementation of the Alpine Convention of 1991 in the field of energy
Date: 1998-10-16
Institutions: Austria, European Community, France, Germany, Italy, Liechtenstein, Monaco, Slovenia, Switzerland
Subjects: Alpine Region, action programme, energy cooperation, energy policy, environmental protection, international convention, the EU's international role

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on the implementation of the Alpine Convention of 1991 in the field of energy

PROTOCOL

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,

and

THE 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 to
protect;

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;

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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 and
social 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 and
economic 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
energy
saving, production,
transport, distribution and utilisation
within the territorial scope of the Alpine Convention in order
to establish sustainable development in the energy sector which
is compatible with the Alpine region’s specific tolerance limits.
In so doing the Contracting Parties will make an important
contribution to protecting local communities and the envir-
onment and to safeguarding resources and the climate.

for

Article 2

Basic commitments

(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 infrastructure
system in the Alpine region, taking account of the need for
environmental protection;

(c)

limit the impact of energy on the environment by opti-
mising the provision of
to energy end-users
through, amongst other
things and as far as possible,
adopting the following measures:

services

— reducing energy needs through the use of more efficient

technologies;

— making wider use of renewable energy sources to meet

remaining energy needs;

1.
shall:

In accordance with this Protocol, the Contracting Parties

— optimising existing plants which produce energy from

non-renewable sources;

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(d) limit the negative effects of power plants on the envir-
onment and the landscape, including those concerning the
management of waste produced by them, by adopting
preventive measures for the new plants and,
if necessary,
improving existing ones;

The Contracting Parties

shall undertake to also take
2.
account of the aims of this Protocol
in their other policies,
particularly in the fields of town and country planning and
transport, agriculture and forestry as
regional development,
to avoid negative or conflicting
well as tourism in order
effects in the Alpine region.

In the event of the construction of new,

large power
2.
plants and a significant
increase in the capacity of existing
ones, the Contracting Parties, in accordance with current law,
shall proceed to evaluate the impact on the Alpine environment
and to evaluate the territorial and socioeconomic effects of this
in accordance with Article 12. The Parties shall recognise the
right
level on projects with
international
cross-border effects.

to consultation at

Article 4

Participation of regional and local authorities

the best

institutions

Each Contracting Party shall define, within its institutional
level of coordination and cooperation
authorities directly
in
to exploit and develop synergies when applying
region and implementing

1.
framework,
between the
concerned so as to encourage solidarity of responsibility,
particular
energy policies
measures under them.

in the Alpine

and regional

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.

2.
The regional and local authorities directly concerned shall
be parties to the various stages of preparing and implementing
these policies and measures, within their competence and within
the existing institutional framework.

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 optimise
energy infrastructures according to the different levels of vulner-
ability, tolerance and the ongoing deterioration of the Alpine
ecosystem.

5.
The Contracting Parties should be aware that an appro-
priate research and development policy instigating preventive
and improving measures can make a significant contribution
to protecting the Alps from the impact of energy infrastructures
on the environment. They shall encourage research and devel-
opment activities on this subject and shall exchange the main
results.

The Contracting Parties shall cooperate with a view to
the true

taking better account of

6.
developing methods for
costs in the field of energy.

Article 3

Conformity with international law and other policies

This Protocol shall be implemented in accordance with
1.
international
legal standards, particularly those of the Alpine
Convention and the Protocols drafted pursuant to it, and in
accordance with current international agreements.

The Contracting Parties

shall encourage international
3.
cooperation between the institutions directly concerned by the
problems linked to energy and the environment so as to
encourage an agreement on the solutions to common problems.

CHAPTER II

SPECIFIC MEASURES

Article 5

Energy saving and rational use

The Alpine region requires specific measures for saving,
1.
distributing and making rational use of energy. These measures
must take account of:

(a) energy needs which are spread over vast areas and which
the season and the

vary greatly according to altitude,
demands 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.

environmentally

The Contracting Parties shall seek to make energy use
2.
more
a priority,
encourage energy saving and rational energy use, particularly
concerning production processes, public services and large
hotel complexes, as well as facilities for transport and sport
and leisure activities.

and shall,

friendly

as

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They shall adopt measures and make provisions, parti-

3.
cularly in the following areas:

Article 7

Hydroelectric power

(a)

improving insulation in buildings and the efficiency of
heating systems;

(b) optimising the performance of heating, ventilation and air

conditioning systems;

1.
The Contracting Parties shall ensure that the ecological
functions of watercourses and the integrity of the landscape
are maintained through appropriate measures, such as estab-
lishing minimum flows,
the
for
reduction of artificial
level and shall
guarantee animal migration in the case of new hydroelectric
plants, and existing ones where possible.

implementing standards

fluctuations in water

(c) periodic monitoring and reduction, where appropriate, of

polluting emissions from thermal plants;

The Contracting Parties may adopt measures aimed at
2.
improving the competitiveness of existing hydroelectric plants,
subject
to compliance with their safety and environmental
standards.

(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 for
in 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 preferential
treatment 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 sun
and biomass.

3.
They shall also undertake to protect water resources in
areas reserved for drinking water, in protected areas and their
buffer zones, other protected and quiet zones as well as areas of
unspoilt nature and countryside.

shall

The Contracting Parties

recommend reopening
4.
disused hydroelectric plants rather than building new ones.
The provision under paragraph (1) on the protection of
aquatic ecosystems and other related systems shall also be
applied to the reopening of existing hydroelectric plants.

The Contracting Parties may,

5.
in the framework of their
national legislation, examine how they can make end-consumers
of Alpine resources pay market-related prices, and the extent to
which 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 to
produce electricity or heat. The Contracting Parties shall limit
emissions from existing plants in the Alpine region as far as
possible through the use of appropriate technologies and/or fuel
types.

The Contracting Parties

3.
shall encourage the use of
renewable energy resources, even in combination with existing
conventional supplies.

2.
The Contracting Parties shall examine the technical and
economic feasibility and the environmental compatibility of
replacing fossil
thermal plants with ones which use
renewable energy sources or are decentralised.

fuel

4.
The Contracting Parties shall particularly encourage energy
produced through the rational use of water and wood from
sustainably managed mountain forests.

3.
The Contracting Parties shall adopt measures in favour of
cogeneration in order for energy to be used more rationally.

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In border regions, the Contracting Parties shall, as far as
4.
possible, harmonise and connect their emission and immission
monitoring systems.

locations and environments following the completion of public
or private works in the energy field relating to the Alpine
environment and ecosystems. This shall be done, as far as
possible, by employing environmental engineering techniques.

Article 9

Nuclear energy

Article 12

Environmental impact analysis

The Contracting Parties

1.
shall undertake, within the
framework of international conventions, to exchange compre-
hensive information on plants and other nuclear installations
which have, or could have, consequences for the Alpine region,
with the aim of ensuring the long-term protection of the health
of the people, the flora and fauna, and their biocoenosis, habitat
and interactions.

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 any
planned power plant under Articles 7, 8, 9 and 10 of the
present Protocol, and of any substantial change made to these
plants.

Furthermore,

2.
harmonisation and connection, as far as possible, of
systems for monitoring environmental radioactivity.

the Contracting Parties

shall ensure the
their

Article 10

Transport and energy distribution

1.
The Contracting Parties shall continue to rationalise and
optimise all existing infrastructures while taking account of
requirements for environmental protection and especially the
need to preserve very sensitive ecosystems and the landscape,
while at
taking steps to
the same time, where appropriate,
protect the local people and the Alpine environment.

stations

2. When constructing electricity transmission lines and
power
linked to them, as well as oil and gas
pipelines, including pumping stations and booster stations and
plants which are very significant from an environmental point
of view,
the
necessary measures to avoid disturbance to the local people
and the environment,
if possible, the use of pre-
existing facilities and grids.

the Contracting Parties

implement all

including,

shall

take particular account of

Concerning electricity transmission lines, the Contracting
3.
Parties shall
the importance of
protected areas and their buffer zones, other protected and
quiet 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-
impact studies provided for under current legislation
mental
aquatic
the
to establish arrangements

restoration of

for

2.
The Contracting Parties shall recognise the advisability of
adopting, as far as possible, the best available techniques so as
to eliminate or limit environmental impact by making provision
for the decommissioning of disused and non-environmentally
friendly 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.
the
For projects which may have cross-border effects,
Contracting Parties concerned must be able to present their
comments in good time, and these will be taken into account
when 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 national
and international levels, encourage and harmonise research and
systematic observation in order to achieve the targets set out in
this Protocol; in particular concerning the methods and criteria
for analysis and for evaluation of the impact on the envir-
onment and the climate, as well as specific technologies for
saving and making rational use of energy in the Alpine region.

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They shall also take account of the results of research in
2.
the process of defining and checking targets and energy policy
measures as well as in their training and technical assistance
activities at local level for the benefit of local people, economic
operators and regional and local authorities.

The Standing Committee shall draw up a report on the
the Contracting Parties with the obligations
the Alpine
for the attention of

3.
compliance of
arising from the Protocol,
Conference.

The Contracting Parties shall ensure that

the various
3.
national results of the research and systematic observation are
integrated in a joint permanent observation and information
system and that they are made accessible to the public under
the 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 about
the objectives, measures and implementation of this Protocol.

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

The Contracting Parties

1.
regularly examine and
evaluate the effectiveness of the provisions of this Protocol.
They shall consider the adoption of appropriate amendments
to this Protocol where necessary in order to achieve objectives.

shall

training,

They shall particularly encourage the further development
assistance
environment,

including protecting the

training and technical

2.
of
concerning energy,
nature and the climate.

continuous

2.
The regional and local authorities shall be associated with
this evaluation within the existing institutional framework. Non-
governmental organisations
field may be
consulted.

in this

active

CHAPTER IV

CHAPTER V

FINAL PROVISIONS

Article 20

IMPLEMENTATION, MONITORING AND EVALUATION

Links between the Alpine Convention and the Protocol

Article 17

Implementation

The Contracting Parties shall undertake to ensure the implemen-
tation of
this Protocol by taking any appropriate measures
within the existing institutional framework.

Article 18

Monitoring of compliance with obligations

shall

The Contracting Parties

1.
to the
Standing Committee on measures taken under this Protocol.
The reports shall also cover the effectiveness of the measures
taken. The Alpine Conference shall determine the intervals at
which the reports must be submitted.

regularly report

2.
The Standing Committee shall examine these reports in
order to ensure that the Contracting Parties have fulfilled their
obligations under this Protocol. It may also ask for additional
information from the Contracting Parties concerned or have
recourse to other information sources.

This Protocol

1.
to the Alpine
Convention within the meaning of Article 2 thereof and any
other relevant articles of the Convention.

constitutes a Protocol

2.
Only Contracting Parties to the Alpine Convention may
the
become a party to this Protocol. Any denunciation of
Alpine 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 may
take 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 Community
on 16 October 1998 and in the Republic of Austria, as the
depositary, from 16 November 1998.

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This Protocol shall enter into force for the Contracting
2.
Parties which have expressed their agreement to be bound by
the said Protocol three months after the date on which three
States have deposited their instrument of ratification, acceptance
or approval.

3.
For Parties which express their agreement to be bound by
the Protocol at a later date, the Protocol shall enter into force
three months after the date of deposit of the instrument of
ratification, acceptance or approval. After the entry into force
of an amendment to the Protocol, any new Contracting Party to
the said Protocol shall become a Contracting Party to the
Protocol, as amended.

Article 22

Notification

The depositary shall,
State
Community of:

referred to in the

in respect of this Protocol, notify each
European

Preamble

and

the

(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,
thereto, have signed this Protocol.

the undersigned, being duly authorised

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 shall
send a certified copy to each of the signatory Parties.