Protocol on the implementation of the 1991 Alpine Convention in the field of transport — Transport protocol
Date: 2000-10-31
Institutions: Austria, European Community, France, Germany, Italy, Liechtenstein, Monaco, Slovenia, Switzerland
Subjects: Alpine Region, common transport policy, economic development, environmental protection, protocol to an agreement

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TRANSLATION

PROTOCOL ON THE IMPLEMENTATION OF THE 1991 ALPINE CONVENTION IN THE FIELD OF
TRANSPORT

Transport protocol

THE FEDERAL REPUBLIC OF GERMANY,

THE FRENCH REPUBLIC,

THE ITALIAN REPUBLIC,

THE PRINCIPALITY OF LIECHTENSTEIN,

THE PRINCIPALITY OF MONACO,

THE REPUBLIC OF AUSTRIA,

THE SWISS CONFEDERATION,

THE REPUBLIC OF SLOVENIA,

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;

Aware that the ecosystems and landscapes of the Alpine region are particularly sensitive, that its geographical conditions
and topography are likely to increase pollution and noise and that it contains unique natural resources and a unique
cultural heritage;

Aware that, without appropriate measures, transport and the environmental damage which it causes will continue to
increase owing to the further integration of markets, socioeconomic development and leisure activities;

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 transport is not without an environmental impact and that the environmental damage it causes produces
increasing negative effects on and risks to the ecology, health and safety, which need to be tackled through a common
approach;

Aware that enhanced safety measures are needed during the transport of hazardous materials;

Aware of the need to make comprehensive arrangements for observation, research, the provision of information and
consultation in order to establish the links between transport, health, environment and economic development and to
make clear the need to reduce environmental damage;

Aware that, in the Alpine region, a transport policy based on the principles of sustainability is in the interests of both the
Alpine and extra-Alpine populations and that it is also necessary to preserve the Alpine regions as both a habitat and a
natural and economic region;

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Aware that on the one hand the present potential of modes of transport is to some extent not used sufficiently and on
the other hand not enough account is taken of the importance of infrastructures for more environmentally-friendly
transport systems (such as railway transport, shipping and combined transport) or of the transnational compatibility and
operability of the various means of transport, and that it is therefore necessary to optimise such transport systems by a
major strengthening of the networks inside and outside the Alpine region;

Aware that regional-planning and economic-policy decisions taken inside and outside the Alpine region have major
repercussions for the development of Alpine transport;

Desiring to make a decisive contribution to sustainable development and to improvement of the quality of life by
reducing the volume of traffic, managing transport in a more environmentally-friendly manner and increasing the
effectiveness and efficiency of existing transport systems;

Convinced that it is necessary to balance economic interests, social needs and environmental requirements;

With due regard for the bilateral and multilateral conventions concluded between the Contracting Parties and the
European Community, in particular in the field of transport;

Convinced that certain problems can only be resolved in a cross-border framework and require joint measures on the part
of the Alpine States —

HAVE AGREED AS FOLLOWS:

CHAPTER I

GENERAL PROVISIONS

Article 1

Objectives

transport which are more environmentally-friendly and
more economic in terms of natural resources;

(e) ensure fair competition between modes of transport.

The Contracting Parties undertake to pursue a sustainable

1.
transport policy which will:

The Contracting Parties undertake to develop the transport
the

2.
sector while observing
preventive principle and the polluter-pays principle.

the precautionary principle,

(a) reduce the negative effects of and risks posed by intra-
Alpine and transalpine transport to a level which is not
harmful to people, flora and fauna and their environments
and habitats, inter alia, by transferring an increasing amount
of transport, especially freight transport, to the railways, in
particular by
and
creating
incentives in line with market principles;

infrastructures

appropriate

Article 2

Definitions

For the purposes of this Protocol:

(b) contribute to the sustainable development of the habitats
and economic areas in which people living in the Alpine
region dwell and work by implementing a transport policy
and is
all modes of
which encompasses
harmonised between the various Contracting Parties;

transport

(c) help to reduce and, as far as possible, avoid any impact
which might endanger the role and natural resources of
the Alpine region, the importance of which goes beyond
the boundaries of the Alpine areas, and threaten its natural
and cultural heritage;

(d) ensure the movement of

intra-Alpine and transalpine
transport at economically bearable costs by increasing the
efficiency of transport systems and promoting modes of

‘Transalpine transport’ is transport made up of journeys whose
points of departure and arrival are outside the Alpine region.

‘Intra-Alpine transport’ is transport made up of journeys whose
points of departure and arrival are inside the Alpine region
(inland transport)
journeys
whose points of departure or arrival are inside the Alpine
region.

including transport made up of

‘Bearable negative effects and risks’ are negative effects and risks
to be defined through environmental-impact assessment and
risk analysis with the aim of putting an end to any further
increase in negative effects and risks and, where necessary,
reducing them by means of appropriate measures in the case
of both new building works and existing infrastructures which
have a significant impact on the land.

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‘External costs’ are costs which are not borne by the user of
goods or services. They include the costs of infrastructure where
use is free, the costs of environmental pollution and noise and
the costs of damage to people and property caused by
transport.

angle of both transport policy and economic, environmental
and socio-cultural impact.

Article 3

Sustainable transport and mobility

‘New,
large-scale building works, or major alterations or
extensions of existing transport infrastructures’ are infrastructure
projects having effects which,
in accordance with national
impact assessment legislation or international conventions in
force, are subject to an environmental impact assessment.

1.
To enable transport to develop in a sustainable manner,
the Contracting Parties undertake to contain, by means of a
concerted transport and environmental policy,
the negative
effects and risks due to transport by taking account of:

‘Large-capacity roads’ are all motorways and roads with two or
more lanes, without intersections, or any road the traffic impact
of which is similar to that of a motorway.

(a)

the importance of the environment so that:

(aa)

the use of natural resources is reduced to a level which,
far as possible, does not exceed their natural
as
capacity for regeneration;

‘Environmental quality objectives’ are objectives which describe
the environmental quality level to be attained, with due regard
for the effects on ecosystems. They lay down (updateable)
quality criteria for the protection of the natural and cultural
heritage
and time-related
viewpoint.

from a material,

geographical

(bb) harmful emissions are reduced to a level which is not
the envi-

to the absorption capacity of

detrimental
ronments concerned;

‘Environmental quality standards’ are specific standards which
enable the environmental quality objectives to be met. They
determine the objectives applicable to certain parameters, the
measuring procedures or the overall requirements.

(cc)

the input of substances into the environment is limited
so as to avoid harming environmental structures and
natural materials cycles;

(b) the requirements of the population so as to:

‘Environmental quality indicators’ are indicators which make it
possible to measure or evaluate the present state of environ-
mental damage and to forecast any change.

(aa) allow accessibility for persons,

labour, goods and
services, while effectively preserving the environment,
saving energy and space and meeting the essential
needs of the population;

‘The precautionary principle’ is the principle whereby measures
intended to avoid, control or reduce serious or irreversible
effects on health and the
should not be
postponed by arguing that scientific research has not yet
strictly proven the existence of a cause-and-effect relationship
between the substances concerned and their potential harm-
fulness to health and the environment.

environment

‘The “polluter-pays” principle’,
including the acceptance of
liability for effects caused,
is the principle whereby the costs
of preventing, controlling and reducing environmental damage
and restoring the environment to an acceptable state are to be
paid by polluters. The latter should, as far as possible, pay the
entire cost of the impact of transport on health and the envir-
onment.

(bb) avoid endangering human health and reduce the risks
and

environmental disasters

and the number

of
severity of accidents;

(c)

the importance of economic criteria so as to:

(aa)

increase the profitability of the transport sector and
internalise external costs;

(bb) encourage optimum use of existing infrastructures;

(cc) guarantee employment

in undertakings which are
performing well in the various sectors of the economy;

‘Advisability study’
in accordance with
is an investigation,
national laws, during the planning of new, large-scale building
works, or major alterations or extensions of existing transport
infrastructures concerning the advisability of projects from the

(d) the need to take enhanced measures against noise because

of the special topography of the Alps.

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In keeping with the national and international transport
2.
legislation in force, the Contracting Parties undertake to develop
national, regional and local strategies, objectives and measures
which:

provided for in this Protocol because of special situations
relating in particular to their natural areas or on grounds of
public health, safety or protection of the environment.

(a)

take account of the different environmental, economic and
socio-cultural data and different needs;

(b) make it possible to reduce environmental damage due to
transport by putting in place economic tools combined with
measures for regional and transport planning.

Article 4

Taking the objectives into account in other policies

The Contracting Parties undertake to take account of the

1.
objectives of this Protocol in their other policies as well.

2.
The Contracting Parties undertake to anticipate and
evaluate the effects of other policies, strategies and concepts
on transport.

Article 5

Participation of regional and local authorities

1.
The Contracting Parties
cooperation between the competent
find the best possible cross-border harmonised solutions.

shall encourage international
institutions in order to

the best

Each Contracting Party shall define, within its institutional
2.
framework,
level of coordination and cooperation
between the institutions and regional and local authorities
directly concerned so as to encourage solidarity of responsi-
in particular in order to exploit and develop synergies
bility,
when implementing transport policies
resulting
measures.

and the

CHAPTER II

SPECIFIC MEASURES

(A) STRATEGIES, CONCEPTS, PROJECTS
Article 7

General transport-policy strategy

In order to ensure sustainability, the Contracting Parties
1.
undertake to promote rational, safe transport management in a
harmonised, cross-border network that:

(a) ensures coordination between different carriers, modes and

types of transport and encourages intermodality;

(b) optimises the use of existing transport systems and infra-
structures in the Alps,
including through the use of elec-
tronic data transmission, and charges external and infra-
structure costs to polluters in line with the damage caused;

(c) encourages, by means of structural and regional planning
measures, the transfer of the carriage of passengers and
goods
of
transport and to intermodal transport systems;

environmentally-friendly means

to more

(d) recognises and utilises the opportunities for reducing traffic

volume.

The Contracting Parties undertake to adopt the necessary

2.
measures so as to ensure as far as possible:

(a)

the protection of communication routes against natural
hazards;

3.
The regional and local authorities directly concerned shall
be parties to the various stages of preparing and implementing
these policies
their
and measures within the
competence and within the existing institutional framework.

limits of

(b) in areas particularly damaged by transport, the protection of

persons and of the environment;

Article 6

Reinforced national regulations

(c)

the gradual reduction of emissions of harmful substances
including through
and noise by all modes of
the use of the best technologies available;

transport,

In order to protect the ecologically sensitive Alpine region and
without prejudice to international conventions in force,
the
Contracting Parties may take measures going beyond those

(d) greater transport safety.

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Article 8

Evaluation and intergovernmental consultation procedure

1.
In the case of new, large-scale building works and major
alterations or extensions of existing transport infrastructures, the
Contracting Parties undertake to carry out advisability studies,
environmental
impact assessments and risk analyses and to
evaluate the results in the light of the objectives of this Protocol.

(c)

the adoption of measures designed in particular to transfer
the long-distance carriage of goods to rail and to further
harmonise transport-infrastructure user charges;

(d) intermodal transport systems and the further development

of rail transport;

impact,

significant

cross-border

2.
The planning of transport infrastructure in the Alps must
be carried out in a coordinated, concerted manner. In the case
each
of projects with a
Contracting Party undertakes to carry out, at the latest once
the studies have been presented, prior consultations with the
other Contracting Parties concerned. These provisions shall be
without prejudice to the right of each Contracting Party to
construct transport infrastructure which has been adopted in
accordance with their
the time of
adoption of this Protocol or the need for which has been estab-
lished in accordance with the law.

legal order at

internal

The Contracting Parties shall encourage the increased
environmental

3.
consideration of
in the
management of undertakings in their countries.

transport policy

(B) TECHNICAL MEASURES
Article 9

Public transport

In order to maintain and improve the settlement pattern and
the economic organisation of the Alps as well as their attrac-
tiveness for recreation and leisure purposes in a sustainable
manner, the Contracting Parties undertake to encourage the
creation and development of user-friendly, environmentally-
adapted public transport systems.

(e)

the increased use of rail and the creation of user-friendly
synergies
transport,
long-distance
regional transport and local transport.

passenger

between

2.
In order to reduce the volume of transit goods carried by
land, the Contracting Parties shall encourage additional efforts
to increase the use of shipping.

Article 11

Road transport

The Contracting Parties shall refrain from constructing any

1.
new, large-capacity roads for transalpine transport.

Large-capacity road projects for

2.
may be carried out only if:

intra-Alpine transport

(a)

the objectives set out
the Alpine
Convention can be attained by means of appropriate
precautionary and compensatory measures as determined
by the environmental impact assessment;

in Article 2(2)(j) of

(b) the transport requirements cannot be met by making better
use of existing road and railway capacity, by extending or
constructing new railway transport and shipping infra-
structures, by improving combined transport, or by any
other transport organisation measures;

Article 10

Rail transport and shipping

1.
In order to make better use of the particular suitability of
the railways for meeting the requirements of
long-distance
the railway network for economic
transport, and use of
activity and tourism in the Alps, the Contracting Parties shall,
within the limit of their competences, promote:

(c)

the results of the advisability study have shown that the
project is economically viable, the risks are contained and
is
the result of
positive;

impact assessment

the environmental

(d) regional planning and/or programmes and sustainable deve-

lopment are taken into consideration.

(a)

the improvement of railway infrastructure by constructing
and developing the major
railway routes,
including connecting routes and suitable terminals;

transalpine

(b) the further optimisation and modernisation of

railway

undertakings, in particular for cross-border transport;

However,

in view of the geography and the settlement
3.
pattern of the Alpine region, which cannot always be efficiently
served by public transport alone, the Contracting Parties shall
to create and
recognise the need,
maintain
private
sufficient
transport to function.

in these remote areas,
transport

infrastructures

for

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Article 12

Air transport

1.
The Contracting Parties undertake to reduce as far as
possible the environmental damage caused by air transport,
including aircraft noise, without
to other
this Protocol,
the objectives of
regions. Taking account of
appropriate,
they shall make
to limit or, where
prohibit airdrops in places other than airfields.
In order to
protect the wild fauna, the Contracting Parties shall take appro-
priate measures to impose time and place limits on non-
motorised air transport for leisure purposes.

transferring it

efforts

2.
The Contracting Parties undertake to improve public
transport systems from airports on the fringes of the Alps to
the various Alpine regions so as to be able to satisfy transport
demand without further damage to the environment. In this
context, the Contracting Parties shall restrict as far as possible
the construction of new airports and any major extension of
existing airports in the Alps.

Article 13

Tourist facilities

The Contracting Parties undertake to evaluate, in the light
1.
of the objectives of this Protocol, the transport impact of new
tourist
to take precautionary or
compensatory measures to fulfil the objectives of this or other
Protocols. Priority shall be given in this case to public transport.

facilities and,

if necessary,

2.
The Contracting Parties shall support the creation and
maintenance of low-traffic and traffic-free areas, the exclusion
of cars from certain tourist sites and measures to encourage
tourists not to arrive by car or use cars.

Article 14

Real costs

In an attempt to influence the routing of transport by taking
greater account of the real costs of the various transport modes,
the Contracting Parties agree to apply the ‘polluter-pays’
principle and to support
the establishment and use of a
system to calculate infrastructure costs and external costs. The
objective is gradually to introduce transport-specific charging
systems to cover such real costs in an equitable manner and to:

(a) encourage the use of

the most environmentally-friendly

modes and means of transport;

(C) MONITORING AND CONTROL
Article 15

Supply and use of transport infrastructure

The Contracting Parties undertake to record and pe-
1.
the state, devel-
riodically update in a reference document
in large-capacity
opment,
transport
the
reduction in environmental damage. They shall use a uniform
presentation for this purpose.

and use of or
infrastructure

improvement
transport

systems

and

and

On the basis of

the above reference document,

the
2.
Contracting Parties shall consider the extent to which imple-
menting measures have contributed to the achievement and
further development of the objectives of the Alpine Convention
and, in particular, this Protocol.

Article 16

Environmental quality objectives, standards and indicators

The Contracting Parties shall

1.
environmental quality objectives
sustainable transport.

lay down and implement
the establishment of
for

2.
They agree on the need to have suitable standards and
indicators for the specific requirements of the Alpine region.

The application of

3.
is
intended to measure damage to the environment and health
caused by transport.

these standards and indicators

CHAPTER III

COORDINATION, RESEARCH, TRAINING AND INFORMATION

Article 17

Coordination and information

The Contracting Parties agree, where necessary, to hold joint
meetings in order to:

(a) evaluate the impact of measures taken under this Protocol;

(b) achieve a more balanced use of transport infrastructure;

(b) consult each other prior to any major transport-policy
decisions which are likely to have an impact on the other
Contracting States;

(c) provide incentives to make more use of opportunities for
the reduction of environmental and socioeconomic costs by
means of structural and regional planning measures which
have an impact on transport.

(c) encourage exchanges of information on the implementation
of this Protocol, giving priority to the use of existing infor-
mation systems;

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(d) reach agreement prior

transport-policy
decisions, in particular in order to incorporate them in a
harmonised cross-border regional planning policy.

to any major

Article 18

Research and observation

shall

Parties

cooperate

The Contracting

in
1.
encouraging and harmonising research on and systematic obser-
vation of
the interaction between transport and the envi-
ronment in the Alps and specific technological developments
which will increase the economic efficiency of environmentally-
friendly transport systems.

closely

Article 21

Monitoring of compliance with Protocol 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 arising from this Protocol. It may also ask for addi-
information from the Contracting Parties concerned or
tional
have recourse to other information sources.

The results of the joint research and observation shall be
2.
duly taken into account when reviewing the implementation of
this Protocol,
in particular in order to devise methods and
criteria for defining sustainable traffic development.

The Standing Committee shall draw up a report on
3.
compliance by the Contracting Parties with the obligations
arising from this Protocol,
the Alpine
Conference.

for the attention of

The Contracting Parties shall ensure that

3.
the various
results of national research and systematic observation are
included in a common permanent observation and information
system and that they are made accessible to the public under
the existing institutional framework.

4.
The Contracting Parties shall support pilot projects for the
implementation of sustainable transport concepts and tech-
nologies.

5.
The Contracting Parties shall support research into the
applicability of methods for intermodal strategic environmental
impact assessment in the Alps.

Article 19

Training and provision of information to the public

The Contracting Parties
shall encourage basic and further
information to the public on
training and the provision of
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 22

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
initiate 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-
field may be
governmental organisations
consulted.

in this

active

CHAPTER V

FINAL PROVISIONS

Article 23

Links between the Alpine Convention and the Protocol

This Protocol

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

constitutes a Protocol

CHAPTER IV

MONITORING AND EVALUATION

Article 20

Implementation

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.

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

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

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Article 24

Signature and ratification

Article 25

Notification

This Protocol shall be open for signature by the signatory
1.
the Alpine Convention and by the European
States of
Community on 31 October 2000 and in the Republic of
Austria, as the depositary, from 6 November 2000.

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
ratification,
deposited
States have
acceptance or approval.

instruments of

their

For Parties which later express their agreement

to be
3.
bound by the Protocol,
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.

The depositary shall,
referred
State
Community of:

in respect of this Protocol, notify each
European

Preamble

and

the

to in 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 Lucerne this thirty-first day of October two thousand, in the French, German, Italian and Slovene
in a single original which shall be deposited in the
languages, the four texts being equally authentic,
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 Principality of Liechtenstein,
For the Principality of Monaco,
For the Republic of Austria,
For the Swiss Confederation,
For the Republic of Slovenia,
For the European Community.