Proposal for a Council Decision on the signature, on behalf of the European Community, of the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol)
Date: 2001-01-16
Institutions: European Commission
Subjects: Alpine Region, delegation of power, environmental protection, international convention, transport policy

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 16.1.2001
COM(2001) 18 final

2001/0017 (ACC)

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the European Community, of the Protocol on the
Implementation of the Alpine Convention in the field of Transport
(Transport Protocol)

(presented by the Commission)

EXPLANATORY MEMORANDUM

On 14 May 1991 the Council authorised the Commission to participate, on behalf of the
Community, in the negotiations on the Alpine Convention (framework Convention) and the
protocols thereto, in consultation with the Member States. This included a Protocol on the
Implementation of the Alpine Convention in the field of Transport (Transport Protocol).

Promoting measures at international level to deal with regional and European problems
hindering sustainable mobility in transport and resulting in risks to the environment is one of
the objectives of the Community’s policy on transport. In fact transport policy measures have
a decisive impact on economic growth, the social well-being of populations and on the
environment.

By Decision 96/191/EC1, the Community concluded the Convention on the Protection of the
Alps (Alpine Convention). Pursuant to Article 2 (2) and (3) of the Alpine Convention, the
contracting parties established in 1993 a negotiation process to establish the modalities of a
protocol on transport. Following the negotiation process, the Transport Protocol was adopted
by consensus in Switzerland on 24-26 May 2000 during the 16th Meeting of the Standing
Committee of the Alpine Convention.

The contracting parties are 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.

The Transport Protocol provides a framework, based on the precautionary principle, the
preventive principle and the polluter-pays principle, for ensuring sustainable mobility and
protection of the environment, for all modes of transport, in the Alpine region in the light of
article 2 of the Alpine Convention.

The Protocol
is constituted by a set of principles and measures aiming at achieving
sustainable transport by regulating alpine traffic, whilst ensuring high safety and
environmental protection standards. The decision to sign the Protocol should therefore be
based on article 71 of the Treaty,
in conjunction with the first sentence of the first
subparagraph of article 300 (2).

The objectives of the Transport Protocol are, in general terms: to reduce the volume of and
dangers posed by intra-Alpine and trans-Alpine traffic, in particular by transferring more
to the railways, especially by providing appropriate
traffic, especially freight
infrastructure and incentives complying with market principles; to ensure intra-Alpine and
trans-Alpine traffic at economically bearable costs by increasing the effectiveness of the
transport systems and promoting the modes of transport which are most environmentally-
friendly and most economic in terms of natural resources; and to ensure fair competition
between the modes of transport.

traffic,

The Protocol was open for signature of the contracting parties on the occasion of the
Ministerial meeting of the Alpine Convention, which took place in Lucerne on 30 and 31
October 2000, and in the Republic of Austria, as the depository, thereafter.

1

OJ L 61 of 12.03.1996, p. 31.

2

The Commission considers that by signing the Protocol on the Implementation of the Alpine
Convention in the field of Transport, the European Community would give an important
political signal to all parties that signature and ratification of the Protocol should be an
absolute priority.

Community competence is preponderant. Linked with the principle of unity in the
international representation of the Community this militates in favour of simultaneous
signature and eventual deposit of the respective instruments of ratification or approval, if
possible, by the Community and its Member States.

The Commission therefore requests that the Council authorise the President of the Council to
designate the persons empowered to sign the Protocol on the Implementation of the Alpine
Convention in the field of Transport on behalf of the Community and to confer on them the
necessary powers.

In view of the above, the Community intends to sign the Protocol on the Implementation of
the Alpine Convention in the field of Transport (Transport Protocol).

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2001/0017 (ACC)

Proposal for a

COUNCIL DECISION

on the signature, on behalf of the European Community, of the Protocol on the
Implementation of the Alpine Convention in the field of Transport
(Transport Protocol)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article
71 in conjunction with Article 300 paragraph 2, first sentence of the first subparagraph
thereof,

Having regard to the proposal of the Commission2,

Whereas:

(1)

(2)

(3)

(4)

(5)

(6)

to deal with regional and European
level
Promoting measures at
problems hindering sustainable mobility in transport and resulting in risks to the
environment is one of the objectives of the Community’s policy on transport.

international

The Council authorised the Commission on 14 May 1991 to participate, on behalf of
the Community, in the negotiations on the Alpine Convention and the protocols
thereto, in consultation with the Member States.

By Council Decision 96/191/EC3, the Community concluded the Convention on the
Protection of the Alps (Alpine Convention).

A Transport Protocol, based on Article 2 (2) and (3) of the Alpine Convention, was
adopted in Switzerland on 24-26 May 2000 on the occasion of the 16th Meeting of the
Standing Committee of the Alpine Convention.

The Transport Protocol provides a framework, based on the precautionary principle,
the preventive principle and the polluter-pays principle, for ensuring sustainable
mobility and protection of the environment, for all modes of transport, in the Alpine
region.

The Transport Protocol, pursuant to Article 24 thereof, was open for signature by the
Contracting Parties at the Ministerial meeting of the Alpine Convention held in
Lucerne on 30 and 31 October 2000, and in the Republic of Austria, as the depository,
thereafter.

2

3

OJ L …
OJ L 61 of 12.03.1996, p. 31.

4

(7)

(8)

Preponderant Community competence linked with the principle of unity in the
international representation of the Community militate in favour of simultaneous
signature and eventual deposit of the respective instruments of ratification or approval,
if possible, by the Community and its Member States.

It is convenient that the Protocol on the Implementation of the Alpine Convention in
the field of Transport (Transport Protocol) be signed, on behalf of the Community,
subject to subsequent conclusion,

HAS DECIDED AS FOLLOWS:

Sole Article

The President of the Council
is hereby authorised to designate the person or persons
empowered to sign on behalf of the Community, subject to subsequent conclusion, the
Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport
Protocol) and to confer upon them the powers necessary for that purpose.

Done at Brussels,

For the Council
The President

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