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

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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,

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;

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 soil
functions 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;

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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 of
inputs 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 or
qualitative soil impairments and that accordingly, adequate integrated measures should be proposed to prevent, control
and 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

3.

its functions as

GENERAL OBLIGATIONS

Article 1

Objectives

This Protocol serves to implement the obligations in the
1.
field of soil conservation entered into by the Contracting Parties
to the Alpine Convention.

The Alpine soil shall be preserved in a sustainable manner

2.
to allow it to perform:

1.

its natural functions as

(a) a livelihood resource and a living environment
humans, animals, plants and micro-organisms,

for

(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 and
storage qualities,
the protection of
groundwater,

in particular

for

(e) a genetic reservoir,

2.

its function as an archive of natural history and the history
of civilisation, as well 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 and
preserved both qualitatively and quantitatively on a long-term
basis. 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 of
substances harmful to the soil.

The diversity of soils, which is typical of

the Alpine
4.
region, and its characteristic locations shall be preserved and
promoted in particular.

In this endeavour

5.
the principle of prevention, which
comprises the safeguarding of the functionality of soils and
the possibility to use them for various purposes as well as
their availability to future generations with a view to sustainable
development, is of particular significance.

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Article 2

Fundamental obligations

1.
The Contracting Parties undertake to initiate the requisite
legal and administrative measures for ensuring the conservation
of soils in the Alpine region. The respective national authorities
shall 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 actions
for soil conservation in the Alpine region targeted by this
Protocol. Measures compatible with soil conservation and with
the 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

region,

the
The Contracting Parties undertake to take account of
in their other policies as well. In
objectives of this Protocol
the Alpine
to regional
applies
this
planning, settlement and transport, energy management, agri-
culture and forestry, raw material extraction, trade and industry,
tourism, nature conservation and landscape upkeep, water and
waste management, and clean air.

specifically

with regard to the drawing up of soil registers, soil monitoring,
the designation and monitoring of protected and impaired areas
and danger zones,
the provision and harmonisation of
databases, the coordination of Alpine-specific soil conservation
research, and mutual reporting.

2.
The Contracting Parties undertake to remove obstacles to
international cooperation between territorial authorities in the
Alpine region, and to encourage solutions to shared problems at
the 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 efficiently
represent 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 particularly
characteristic features or a particular significance for the docu-
mentation of earth’s history, shall be preserved.

Article 4

Participation of regional and local authorities

Article 7

Economical and prudent use of soils

the best

framework,

Each Contracting Party shall define, within its existing
1.
institutional
level of coordination and
cooperation between the institutions and regional and local
authorities directly concerned so as to encourage shared respon-
sibility,
in particular to exploit and develop synergies when
implementing soil conservation policies and the resulting
measures in the Alpine region.

In

and

drawing

implementing

and/or
1.
up
the Protocol on
programmes according to Article 9(3) of
Spatial
Sustainable Development, matters
and
regarding soil conservation, especially the economical use of
soil and land, shall be taken into consideration.

Planning

plans

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

Article 5

International cooperation

1.
The Contracting Parties shall encourage stronger interna-
tional cooperation among the competent institutions, especially

In order to limit soil sealing and soil consumption, the
2.
Contracting Parties shall provide for space-saving construction
and an economical use of soil resources. They shall preferably
seek to keep the development of human settlements within
existing boundaries and to limit settlement growth outside
these boundaries.

large-scale projects

3. When assessing the spatial and environmental compa-
tibility of
trade and
industry, construction and infrastructure, especially in the
transport, energy and tourism sectors, soil conservation and
the scarcity of space in the Alpine region shall be taken into
account within the framework of the national procedures.

in the fields of

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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

shall

The Contracting Parties

1.
that mineral
resources are used economically. They shall work towards
ensuring that preference is given to the utilisation of substitute
materials and that recycling options are fully used or their
development is encouraged.

see to it

and

processing

impairments of other

utilising mineral
2. When extracting,
resources,
shall be
reduced to a minimum. In those areas which are particularly
functions and in areas
important
specifically
the
extraction of mineral resources shall be foregone.

for the protection of soil

drinking water

designated

resources,

functions

soil

as

are used in endangered areas which are

The Contracting Parties shall make sure that engineering
2.
techniques
as
compatible with nature as possible, and that local and tradi-
tional building materials which suit the local countryside are
used. 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 areas
in as far as this is necessary for the protection of material
goods.

Soil erosion shall be limited to the inevitable minimum.
2.
Areas damaged by erosion and land movement shall be reha-
bilitated in as far as this is necessary for the protection of
human beings and material goods.

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 peat
shall be discontinued completely in the medium term.

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.

2.
Drainage schemes in wetlands and moors shall be limited
to the upkeep of existing networks unless there are sound
reasons for exceptions. Remedial measures shall be promoted
to minimise the environmental
impact of existing drainage
systems.

Agriculture, pasture farming and forestry

To ensure protection against erosion and harmful soil
1.
compaction, the Contracting Parties undertake to use sound
practices in agriculture, pasture farming and forestry which
are adapted to suit local conditions.

Article 12

3.
On principle, moor soils shall not be utilised or, when
used for agricultural purposes, shall be managed so that their
characteristic features remain intact.

Article 10

Designation and management of endangered areas

The Contracting Parties agree to draw up maps of Alpine
1.
areas which are endangered by geological, hydrogeological and
hydrological risks, in particular by land movement (mass slides,
mudslides, landslides), avalanches and floods, to register those
areas and to designate danger zones when necessary.
If
applicable, seismic risks shall also be considered.

As regards the input of substances through the use of
2.
fertilisers, herbicides and pesticides,
the Contracting Parties
shall strive to elaborate and implement shared standards for
sound 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 substance
as well as the location of the plants and the conditions in which
they are cultivated. This is achieved by using ecological/bio-
logical and integrated methods of cultivation, as well as by
matching livestock to natural local growth conditions.

In Alpine pasture areas, the usage of mineral fertilisers and
shall be

3.
synthetic herbicides and pesticides
minimised. The use of sewage sludges shall be foregone.

in particular

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Article 13

Silvicultural and other measures

transport

1. With regard to mountain forests which offer a high degree
of protection to their own location, or above all to human
settlements,
infrastructures, croplands and similar
areas, the Contracting Parties undertake to give priority to the
protective function of these forests and to gear their silvicultural
management towards preserving this function. Such mountain
forests 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
adapted to local
silvicultural measures
this,
conditions as well as natural
rejuvenation shall be
promoted.

forest

Article 14

Effects of tourism infrastructures

The Contracting Parties shall use their influence in the

1.
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 such
damage 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 action
is taken, and that such permits are not granted for fragile
areas.

To avoid soil contamination when using dangerous
2.
substances, the Contracting parties shall
issue technical regu-
lations, provide for checks, carry out research programmes
and 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-preventing
and less contaminating materials such as gravel and sand.

Article 17

Contaminated soils, environmental liabilities,
waste management concepts

Parties

The Contracting
their

1.
and
document
suspicious
the
liabilities
landfills
condition of those areas and to assess their hazard potential
using comparable methods.

to survey
and
to analyse

undertake
liabilities
register),

(environmental

environmental

2.
To avoid soil contamination and to ensure the environ-
mentally compatible pretreatment, treatment and disposal of
waste and residual materials, waste management concepts
shall 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.

2.
Chemical and biological additives for the grooming of ski
runs are permissible only if proof of their ecological harm-
lessness has been furnished.

CHAPTER III

RESEARCH, EDUCATION AND INFORMATION

3. Where significant damage to soils and vegetation is found
to exist, the Contracting Parties shall take the necessary remedial
action at the earliest possible point in time.

Article 15

Limiting inputs of harmful substances

Article 19

Research and monitoring

1.
The Contracting Parties shall cooperate closely to promote
and harmonise research projects and systematic monitoring
programmes which are conducive to achieving the objectives
of this Protocol.

through preventive action,

The Contracting Parties shall do everything in their power
1.
to minimise,
inputs of harmful
substances into the soils through water, air, waste and other
substances harmful
to the environment. Preference shall be
given to measures limiting emissions at their sources.

The Contracting Parties shall ensure that

2.
the 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.

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The Contracting Parties agree to coordinate their Alpine-
3.
specific research projects on soil conservation while taking into
account other national and international research developments,
and to envisage joint research activities.

CHAPTER IV

IMPLEMENTATION, MONITORING AND EVALUATION

Article 23

Implementation

4.
Special attention shall be given to evaluations of soil sensi-
tivity regarding diverse human activities, to assessments of the
regenerative capacity of soils, and to the examination of the
most suitable pertinent technologies.

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

Article 20

Article 24

Establishment of harmonised databases

Monitoring of compliance with obligations

The Contracting Parties agree

comparable
to create
1.
evaluation)
analysis,
databases
within the framework of
the Alpine monitoring and infor-
mation system, and to establish possibilities for data exchange.

(soil parameters,

sampling,

2.
The Contracting Parties shall reach agreement about soil-
endangering substances which require priority treatment, and
they shall strive for comparable evaluation parameters.

The Contracting Parties shall strive to establish represen-
3.
tative records of
the condition of Alpine soils taking into
account the geological and hydrogeological situation, on the
basis of identical evaluation systems and harmonised methods.

Article 21

Establishment of permanent monitoring areas and coordi-
nation of environmental monitoring

The Contracting Parties undertake to establish permanent
1.
monitoring areas in the Alpine region and to integrate them in
an 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 databases
according 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 the
objectives, measures and implementation of this Protocol.

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.

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.

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

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

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

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CHAPTER V

FINAL PROVISIONS

Article 26

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.

Links between the Alpine Convention and the Protocol

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

Only Contracting Parties to the Alpine Convention may
2.
become a party to this Protocol. Any denunciation of
the
Alpine Convention also implies denunciation of this Protocol.

Article 28

Notifications

The depositary shall,
State
referred
Community of

in respect of this Protocol, notify each
European

Preamble

and

the

to in the

(a) any signature,

3. Where the Alpine Conference discusses matters relating to
this Protocol, only the Contracting Parties to this Protocol may
take part in the vote.

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

approval,

Article 27

(c) any date of entry into force,

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 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 by
the said Protocol three months after the date on which three
States have deposited their instrument of ratification, acceptance
or approval.

For Parties which express their agreement to be bound by
3.
the Protocol at a later date, the Protocol shall enter into force
three months after the date of deposit of the instrument of

(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 the French, German,
the four texts being equally
Italian and Slovene languages,
text being deposited in the Austrian
the original
authentic,
State archives. The depositary shall send a certified copy to
each of the signatory States.