2005/923/EC: Council Decision of  2 December 2005  on the signing on behalf of the European Community of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention
Date: 2005-12-02
Institutions: Council of the European Union
Subjects: Alpine Region, EU programme, action programme, cross-border cooperation, energy policy, environmental protection, international convention, protocol to an agreement, soil protection, tourism

22.12.2005

EN

Official Journal of the European Union

L 337/27

II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 2 December 2005

on the signing on behalf of the European Community of the Protocol on Soil Protection, the
Protocol on Energy and the Protocol on Tourism to the Alpine Convention

(2005/923/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(5)

These Protocols
Declarations be approved,

should be signed and the attached

Having regard to the Treaty
Community, and in particular Article 175(1)
with the first sentence of
300(2) thereof,

establishing the European
in conjunction
the first subparagraph of Article

HAS DECIDED AS FOLLOWS:

Article 1

Having regard to the proposal from the Commission,

Whereas:

The Convention on the Protection of the Alps (Alpine
Convention) was concluded on behalf of the Community
by Council Decision 96/191/EC (1).

The Protocol on Soil Protection, the Protocol on Energy
and the Protocol on Tourism to the Alpine Convention
are an important step in the implementation of
the
Alpine Convention, and the Community is committed
to the objectives of this Convention.

economic,

The
cross-border
and
problems of the Alps remain a major challenge to be
addressed in this highly sensitive area.

ecological

social

(1)

(2)

(3)

(4)

The signing of the Protocol on Soil Protection, the Protocol on
Energy and the Protocol on Tourism to the Alpine Convention,
done at Salzburg on 7 November 1991, is hereby approved on
behalf of the Community, subject to the conclusion of the said
Protocols.

The text of
attached to this Decision.

the Protocols and the Declarations thereto is

Article 2

The President of the Council is hereby authorised to designate
the person(s) empowered to sign the Protocols referred to in
Article 1, on behalf of
to their
conclusion, and to deposit the declarations.

the Community subject

Done at Brussels, 2 December 2005.

Community Policies, in particular the priority areas of the
6th Environment Action Programme (2),
should be
promoted and strengthened within the Alpine region.

For the Council
The President

M. BECKETT

(1) OJ L 61, 12.3.1996, p. 31.
(2) OJ L 242, 10.9.2002, p. 1.

L 337/28

EN

Official Journal of the European Union

22.12.2005

DECLARATIONS BY THE EUROPEAN COMMUNITY

the Protocol on ‘Soil

Declaration by the European Community regarding Article 12(3) of

Protection’ to the Alpine Convention
The European Community points out that Article 12(3) of the Protocol on ‘Soil Protection’ should be
interpreted in accordance with existing EC legislation and in particular Council Directive 86/278/EEC of 12
June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used
in agriculture (1). The European Community is of the opinion that sludge can have valuable agronomic
properties and can be used in agriculture, provided it is used correctly. Its use must not impair the quality of
the soil and of agricultural products, as stated in recital 7 of that Directive, nor give rise to harmful effects
on man (direct and indirect consequences on human health), animals, plants and the environment, as stated
in recital 5 and Article 1 of that Directive. Sludge may be used in cases where it would benefit the soil or
for the nutrition of crops and plants.

Declaration by the European Community on Article 17(2) of the Protocol on ‘Soil Protection’ to the
Alpine Convention
Article 17(2) of the Protocol on ‘Soil Protection’ should be read in accordance with EC legislation and in
such a way as to ensure that waste management plans for the pre-treatment, treatment and disposal of
waste and residual materials are drawn up and implemented, in order to avoid soil contamination and to
ensure compatibility, not only with the environment, but also with human health.

Declaration by the European Community on Articles 19(2) and 21(2) of the Protocol on ‘Soil
Protection’ to the Alpine Convention
With regard to Articles 19(2) and 21(2) of the Protocol on ‘Soil Protection’, the common observation
system should be compatible where appropriate with the Global Earth Observation System of Systems
(GEOSS) and should take into consideration the database set up by Member States according to EC
legislation on observation, data collection and meta data.

Declaration for reservation by the European Community on Article 9 of the Protocol on ‘Energy’ to
the Alpine Convention
Article 9 of the Protocol on ‘Energy’ concerns nuclear power issues. As far as the European Community is
concerned, the requirements referred to in Article 9 are provided for in the Treaty establishing the Atomic
Energy Community (Euratom). The decision by which the Alpine Convention was ratified was not based on
the Euratom Treaty, but solely on the EC Treaty. The decision authorising the signing of the Protocol will
have the same legal basis. Consequently, the European Community will not be bound by Article 9 of the
Protocol on Energy, when the Protocol enters into force for the Community.

(1) OJ L 181, 4.7.1986, p. 6.