Proposal for a Council Decision on the conclusion, of 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: 2006-03-02
Institutions: European Commission
Subjects: Alpine Region, cross-border cooperation, energy policy, environmental protection, international convention, soil resources, tourism

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 2.3.2006 
COM(2006) 80 final 

2006/0026 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

. 

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

1. BACKGROUND 

Many environmental problems have a transboundary nature and can be addressed effectively 
only  through  international  cooperation.  For  this  reason,  Article  174  of  the  EC  Treaty 
establishes  that  one  of  the  key  objectives  of  European  Community  (EC)  policy  on  the 
environment is to promote measures at international level to deal with regional environmental 
problems. 

The Commission supports the objective of promoting a high level of environmental protection 
by taking into account the diversity of situations in the various regions. As the Alpine region 
is  an  ecologically  highly  sensitive  area  the  EC  must  pay  more  attention  to  that  region  and 
must address its problems by an appropriate approach. Priority areas of the 6th Environment 
Action  Programme1  -  climate  change,  nature  and  biodiversity,  health  and  quality  of  life  as 
well  as  natural  resources  and  waste  –  can  be  promoted  and  strengthened  in  the  mountain 
regions by international agreements. 

The  Convention  on  the  Protection  of  the  Alps,  the  Alpine  Convention,  was  signed  by  the 
European  Community  at  Salzburg  on  7th  November  1991,  and  by  Council  Decision 
96/191/EC  of  26th  February  19962  the  Community  ratified  the  Convention,  which  finally 
entered  into  force  on  4th  April  1998.  The  other  Contracting  Parties  are  Austria,  France, 
Germany, Italy, Liechtenstein, Monaco, Slovenia and Switzerland. 

The reasons for the Council decision on conclusion are still valid. They are the following: 

(1) 

(2) 

the conclusion of the Convention forms part of the involvement of the Community in 
the international activities on the protection of the environment recommended in (…) 
the  fifth  Programme  of  Action  (1992)  by  the  European  Communities  on  the 
Environment and 

the  protection  of  the  Alps  is  a  major  challenge  to  all  Member  States  owing  to  the 
cross-frontier nature of the economic, social and ecological problems of the Alpine 
area. 

Pursuant to Article 2(2) and (3) of the Alpine Convention, concrete measures to achieve these 
goals  are  laid  down  in  different  Protocols.  By  ratifying  the  Alpine  Convention,  the  EC  is 
committed to fulfil the obligations of this Convention. Ratification of the Protocols fits within 
the  framework  of  the  environmental  policy  of  the  European  Community;  in  particular 
Article 174(4)  of  the  EC  Treaty  provides  explicitly  for  international  cooperation  in  the 
environmental  field.  They  are  also  consistent  with  the  6th  Environment  Action  Programme. 
Finally, the Alpine Convention and the Protocols which complete the Convention, provide a 
framework  for  sustainable  development  based  on  the  principles  of  subsidiarity,  prevention 
and  cooperation,  and  the  polluter-pays  principle.  These  are  principles  followed  by  EC 
policies. 

1 
2 

OJ L 242, 10.9.2002, p. 1. 
OJ L 61, 12.3.1996, p. 31. 

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The Convention is clearly covered by the EC environmental policy framework as set out in 
Article 174 of the EC Treaty. The Protocols can be considered as measures which make the 
Convention operational. Although each of the Protocols is an International agreement they all 
derive from the Alpine Convention. Each of them focuses mainly on environmental aspects. 
Hence  it  is  appropriate  to  approach  them  all  from  an  environmental  point  of  view  and  for 
them to have a common legal basis, namely Article 174 ff. of the EC Treaty even though they 
cover specific objectives. 

All the Protocols have been signed by all Member States of the Alpine Convention. Austria, 
Germany,  France,  Slovenia  and  Liechtenstein  have  ratified  the  Protocols  and  they  have 
entered  into  force  for  them.  Italy  and  Switzerland  are  currently  making  efforts  to  ratify  the 
Protocols. 

2. THE COMMUNITY AND THE PROTOCOLS 

The European Community has recently signed the Protocols on Soil Protection, Energy, and 
Tourism3. Following their signatures these three Protocols should be ratified by the European 
Community  at  the  present  time.  The  European  Commission  has  already  adopted  a  proposal 
for the signature of the Protocol on Transport which has still to be signed by the Council. The 
Protocols on Spatial Planning and Sustainable Development, on Mountain Agriculture, and on 
Nature  protection  have  already  been  signed  by  the  European  Community.  Signature  of  the 
Protocols on Mountain Forests, and on Dispute settlement will be considered at a later stage. 

a) 

Protocol on Soil Protection 

The Alpine Convention’s Protocol on Soil protection gives a number of strong indications on 
soil protection in line with the Commission’s reflections on the strategy for soil protection4, 
and the European Parliament’s resolution5 on it. One of the main goals, set out in article 1 of 
the  Protocol,  is  the  safeguard  of  the  multifunctional  role  of  soil  based  on  the  idea  of 
sustainable development. This means that, the sustainable productivity of soil must be ensured 
in its natural function (as basis of life and living space for human beings, animals and plants, 
as  a  crucial  element  of  nature  and  landscape,  as  part  of  the  eco-system  and  as  a  genetic 
reservoir), as an  archive of natural  and cultural history and in order to guarantee its use for 
agriculture  and  forestry,  urbanism  and  tourism,  other  economic  uses,  transport  and 
infrastructure, and as a source of raw materials. 

The Protocol could help to implement appropriate measures at national and regional level as 
any approach to soil protection must take account of the considerable diversity of regional and 
local  conditions  that  exist  in  the  Alpine  region.  The  ratification  of  the  Protocol  would  be  a 
concrete measure to strengthen the Community’s strategy as progress is expected according to 
the Council conclusions on integrated soil protection6. Indeed several elements contained in 
the  Protocol  may  be  included  in  a  Community  policy  on  soil  protection  such  as  soil 

3 
4 
5 
6 

OJ L 337, 22.12.2005, p. 27. 
COM(2002) 179 “Towards a thematic strategy for soil protection”. 
OJ C 87E, 7.4.2004, p. 395. 
Council „Environment“ on 25 June 2002. 

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monitoring requirements, identification of risk zones for erosion, flooding and landslides, an 
inventory of contaminated sites, and the establishment of harmonised databases. 

However,  the  Commission  proposes  to  introduce  a  Declaration  regarding  Article  12 
paragraph 3 of the Protocol on Soil Protection on the use of sewage sludge which should be 
interpreted in the light of the Council Directive on the protection of the environment, and in 
particular of the soil, when sewage sludge is used in agriculture (86/278/EEC)7. The European 
Commission is of the opinion that sludge can have valuable agronomic properties and can be 
used in agriculture provided it is used correctly. Sludge could be used when it presents a value 
for soil and nutrition for crops and plants. Its use must not impair the quality of the soil and of 
agricultural products, as outlined in Recital 7 of this Directive, nor give rise to harmful effects 
on  man  (direct  or  indirect  consequences  on  human  health),  animals,  plants  and  the 
environment, as it is outlined in Recital 5 and Article 1 of the Directive. In particular, sludge 
from small urban waste water treatment plants of the region represents little danger. 

Another proposed Declaration concerns Article 17(2) of the Protocol on Soil Protection. This 
Article should be read 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 ensure compatibility not only with the 
environment but also with human health. 

Concerning  Article  19(2)  and  Article  21(2)  a  Declaration  suggests  that  the  common 
observation system should be compatible when 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. 
Earth  observation  systems  consist  of  measurements  of  air,  water,  and  land  made  on  the 
ground, from the air, or from space. Historically these elements were observed in isolation but 
the  current  effort  is  to  look  at  them  together  and  to  study  their  interactions.  The  GEOSS  is 
envisaged  as  a  distributed  system  of  systems  building  upon  current  co-operative  efforts 
among  existing  observing  and  processing  systems,  working  with  their  own  mandates,  and 
delivering a system that provides timely, useful and accurate data, information, products and 
services to any and all legitimate users around the world. 

b) 

Protocol on Energy 

The 6th Environment Action Programme8 sets out the European Community’s commitment to 
combat climate change as well as the sustainable management and use of natural resources. 
Specific measures must be taken to raise energy efficiency, to promote the use of renewable 
energy and to guarantee the integration of climate change aspects into other policies. 

Contracting Parties to the Protocol on Energy agree to take appropriate measures in the field 
of  energy  saving,  production,  transport,  delivery  and  use  of  energy  to  foster  conditions  for 
sustainable development. 

7 
8 

OJ L 181, 4.7.1986, p. 6. 
OJ L 242, 10.9.2002, p. 1. 

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The provisions of the Protocol are in line with the Community’s policy9 and the ratification of 
the Protocol would also strengthen trans-border cooperation with Switzerland, Liechtenstein 
and Monaco. This would help to ensure that the goals of the European Community are shared 
by  regional  partners  and  that  such  initiatives  cover  the  whole  Alpine  eco-region.  The 
European  Community  has  committed  itself  to  a  number  of  environmental  policies  which 
could  and  should  also  be  promoted  at  regional  level  by  appropriate  (inter-)governmental 
bodies such as the Alpine Convention. 

The  United  Nations  Framework  Convention  on  Climate  Change  (UNFCCC)  and  the  Kyoto 
Protocol require that Parties formulate, implement, publish and regularly update national and 
regional  programmes  containing  measure  to  mitigate  climate  change  by  addressing 
anthropogenic emissions by sources and providing removals by sinks of all greenhouse gases 
not  controlled  by  the  Montreal  Protocol.  Contracting  Parties  have  to  take  measures  to 
facilitate  adequate  adaptation  to  climate  change.  The  EC  and  Member  States,  Switzerland, 
Liechtenstein and Monaco, are Parties to the UNFCCC and the Kyoto Protocol. The Alpine 
Convention’s Protocols, in particular the Protocol on Energy, address the need to mitigate and 
adapt to unavoidable climate change. 

However,  the  Commission  suggests  introducing  a  Reservation  regarding  Article  9  of  the 
Protocol  on  Energy  which  concerns  questions  of  nuclear  power.  So  far  as  the  EC  is 
concerned, such requirements 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 
ratification  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. 

c) 

Protocol on Tourism 

Tourism  is  an  economically  highly  important  sector  in  most  parts  of  the  Alps  and  it  is 
intimately  linked  to  and  dependent  on  the  impacts  it  exerts  on  the  environment  and  local 
communities.  Tourist  activities  are  mainly  practised  by  people  coming  from  destinations 
outside the mountain region; they give a major contribution in maintaining a viable economy 
and  hence  a  permanent  population.  However,  as  the  mountain  region  is  a  unique  and 
ecologically very sensitive area, a balance between economic interests, local population needs 
and  environmental  concerns  is  extremely  important  for  a  sustainable  development  of  the 
region. 

9 

COM(1997) 599 final “White Paper for a Community Strategy and Action Plan“;COM(2002) 321 final, 
Final Paper on the Green Paper “Towards a European strategy for the security of energy supply”; OJ L 
283, 27.10.2001, p. 33. Directive 2001/77/EC on the promotion of electricity produced from renewable 
energy sources in the internal electricity market; OJ L 1, 4.1.2003, p. 65., Directive 2002/91/EC on the 
energy performance of buildings; OJ L 176, 15.7.2003, p. 29., Decision No 1230/2003/EC adopting a 
multiannual programme for action in the field of energy: “Intelligent Energy – Europe” (2003-2006). 

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The overall goal of the Protocol on Tourism is to promote sustainable tourism, specifically by 
ensuring  it  is  developed  and  managed  taking  into  consideration  its  impacts  on  the 
environment.  To  this  aim,  it  provides  specific  measures  and  recommendations  that  can  be 
used  as  instruments  for  reinforcing  the  environmental  side  of  innovation  and  research, 
monitoring  and  training,  management  tools  and  strategies,  planning  and  authorisation 
procedures linked to tourism and in particular to its qualitative development. 

The  recently  adopted  working  paper  on  “Community  measures  affecting  tourism”10  clearly 
shows  the  wide  range  of  EU  policies  and  community  legislation  which  concern,  directly  or 
indirectly, European and international tourism. 

With its communication on “Basic orientations for the sustainability of European tourism”11 
the Commission aims at launching an  Agenda 21 process for the  sustainability  of European 
tourism  in  order  to  coherently  address  problems  with  the  active  contribution  of  all  the 
stakeholders, from the European to the local level. It also recognises that specific additional 
challenges must be dealt with in particular geographical areas, such as the Alps. 

Tourism is a more and more global phenomenon, but at the same time it remains a sphere of 
primarily  local  and  regional  responsibility.  The  Alpine  Convention  and  its  Protocol  on 
Tourism,  together  with  the  other  Protocols  that  can  have  influence  on  the  tourism  sector, 
represent a framework instrument to stimulate and coordinate the contribution of stakeholders 
at regional and local level in order to make sustainability a major driver in the improvement 
of the quality of the Alpine region tourist offer. 

Ratification  of  the  Protocol  would  be  a  strong  political  signal  for  the  Alpine  region,  and 
mountain  regions  in  general,  and  a  concrete  step  in  the  follow-up  of  the  World  Summit  on 
Sustainable Development, of the International Year 2002 on Eco-Tourism and of the Agenda 
21 process for the sustainability of European tourism. 

3. CONCLUSIONS 

The  Alpine  Convention12  and  its  Protocols  are  instruments  which  enable  the  European 
Community to strengthen environmental protection for a large, highly sensitive cross-border 
zone.  The  European  Community  is  committed  to  the  objectives  of  the  Convention  and  the 
Protocols. The signature of the Protocols13 was a clear sign of this commitment. Ratification 
of  these  Protocols  by  the  European  Community  would  underline  its  efforts  to  promote 
sustainable development in this important mountain region. 

10 
11 
12 
13 

SEC(2004) 24. 
COM(2003) 716. 
OJ L 61, 12.3.1996, p. 31. 
OJ L 337, 22.12.2005, p. 27. 

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2006/0026 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  establishing  the  European  Community,  and  in  particular 
Articles 175  (1)  and  300(2)  first  subparagraph  first  sentence  and  Article  300(3)  first 
subparagraph thereof, 

Having regard to the proposal from the Commission14, 

Having regard to the opinion of the European Parliament15, 

Whereas: 

(1) 

(2) 

(3) 

(4) 

(5) 

The Convention on the protection of the Alps (Alpine Convention) was concluded on 
behalf  of  the  European  Community  with  Council  Decision  96/191/EC  of  the 
26th February 199616. 

The Council decided on the signature, 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 by Council Decision 2005/923/EC on the 2nd December 2005.17 

The Protocols are an important step in the implementation of the Alpine Convention, 
and the European Community is committed to the objectives of this Convention. 

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

Community  Policies,  in  particular  priority  areas  of  the  6th  Environment  Action 
Programme18, should be promoted and strengthened within the Alpine region. 

14 
15 
16 
17 
18 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ L 61, 12.3.1996, p. 31. 
OJ L 337, 22.12.2005, p. 27. 
OJ L 242, 10.9.2002, p. 1. 

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(6) 

(7) 

(8) 

(9) 

One  of  the  main  goals  of  the  Protocol  on  Soil  Protection  is  the  safeguard  of  the 
multifunctional  role  of  soil  based  on  the  concept  of  sustainable  development. 
Sustainable productivity of soil must be ensured in its natural function, as an archive 
of  natural  and  cultural  history  and  in  order  to  guarantee  its  use  for  agriculture  and 
forestry, urbanism and tourism, other economic uses, transport and infrastructure, and 
as a source of raw materials. 

Any  approach  to  soil  protection  shall  take  account  of  the  considerable  diversity  of 
regional  and  local  conditions  that  exist  in  the  Alpine  region.  The  Protocol  on  Soil 
Protection  could  help  to  implement  appropriate  measures  at  national  and  regional 
level. 

Requirements of the Protocol such as soil monitoring, identification of risk zones for 
erosion,  flooding  and  landslides,  an  inventory  of  contaminated  sites  and  the 
establishment of harmonised  databases  may  be  important  elements  for  a  Community 
policy on soil protection. 

The  Protocol  on  Energy  requires  appropriate  measures  to  be  taken  in  the  field  of 
energy  saving,  energy  production,  including  the  promotion  of  renewable  energy, 
energy  transport,  delivery  and  use  of  energy  to  foster  conditions  for  sustainable 
development. 

(10)  The provisions of the Protocol on Energy are in line with the 6th Environment Action 
Programme to combat climate change as well as to promote sustainable management 
and  use  of  natural  resources.  The  Protocol’s  provisions  are  also  in  line  with  the 
Community’s policy on energy19. 

(11)  The ratification of the Protocol on Energy would strengthen trans-border cooperation 
with Switzerland, Liechtenstein and Monaco. This would help to ensure that goals of 
the  European  Community  are  shared  by  regional  partners  and  that  such  initiatives 
cover the whole Alpine eco-region. 

(12)  Trans  European  Energy  Networks  (TEN-E)  shall  be  given  priority  and  coordination 
and  implementation  measures  foreseen  in  the  TEN-E  guidelines20  shall  be  applied 
when developing new crossborder connections, in particular high-voltage lines. 

(13)  The  European  Community,  its  Member  States,  Switzerland,  Liechtenstein  and 
Monaco, are Parties to the United Nations Framework Convention on Climate Change 
(UNFCCC)  and  the  Kyoto  Protocol.  The  UNFCCC  and  the  Kyoto  Protocol  require 
that Parties formulate, implement, publish and regularly update national and regional 

19 

20 

COM(1997) 599 final “White Paper for a Community Strategy and Action Plan”; COM(2002) 321 final 
-  Final  Paper  on  the  Green  Paper  “Towards  a  European  strategy  for  the  security  of  energy  supply”; 
 OJ  L  283,  27.10.2001,  p.  33.  Directive  2001/77/EC  on  the  promotion  of  electricity  produced  from 
renewable  energy  sources  in  the  internal  electricity  market;  OJ  L  1,  4.1.2003,  p.  65.,  Directive 
2002/91/EC  on  the  energy  performance  of  buildings;  OJ  L  176,  15.7.2003,  p.  29.,  Decision 
No  1230/2003/EC  adopting  a  multiannual  programme  for  action  in  the  field  of  energy:  “Intelligent 
Energy – Europe” (2003-2006). 
OJ L 176, 15.7.2003, p. 11. Decision No 1229/2003/EC of the European Parliament and the Council of 
26  June  2003  laying  down  a  series  of  guidelines  for  trans-European  energy  networks  and  repealing 
Decision No 1254/96/EC. 

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to  mitigate  climate  change  by  addressing 
programmes  containing  measure 
anthropogenic  emissions  by  sources  and  providing  removals  by  sinks  of  all 
greenhouse gases not controlled by the Montreal Protocol.  

(14)  The Protocol on Energy contributes to fulfil UNFCCC requirements to take measures 

to facilitate adequate adaptation to climate change. 

(15)  Tourism is an  economically  highly important sector in most parts of the Alps and is 

intimately linked to and dependant on environmental and social impacts. 

(16)  As  the  mountain  region  is  a  unique  and  ecologically  very  sensitive  area,  a  balance 
between  economic  interests,  local  population  needs  and  environmental  concerns  is 
extremely important for a sustainable development of the region. 

(17)  Tourism  is  a  more  and  more  global  phenomenon,  but  at  the  same  time  it  remains  a 
sphere  of  primarily  local  and  regional  responsibility.  The  Alpine  Convention  and  its 
Protocol on Tourism, together with the other Protocols that can have influence on the 
tourism  sector,  represent  a  framework  instrument  to  stimulate  and  coordinate  the 
contribution of stakeholders at regional and local level in order to make sustainability 
a major driver in the improvement of the quality of the Alpine region tourist offer. 

(18)  The  overall  goal  of  the  Protocol  on  Tourism  is  to  promote  sustainable  tourism, 
specifically  by  ensuring  it  is  developed  and  managed  taking  into  consideration  its 
impacts  on  the  environment.  To  this  aim,  it  provides  specific  measures  and 
recommendations  that  can  be  used  as  instruments  for  reinforcing  the  environmental 
side  of  innovation  and  research,  monitoring  and  training,  management  tools  and 
strategies, planning and authorisation procedures linked to tourism and in particular to 
its qualitative development. 

(19)  Contracting  Parties  to  the  three  Protocols  shall  promote  relevant  education  and 
training  and,  additionally,  promote  the  dissemination  of  information  to  the  public 
regarding  the  objectives,  measures  and  implementation  of  each  of  these  three 
Protocols. 

(20) 

It is appropriate that these Protocols be approved by the European Community. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the 
Alpine Convention, signed on 7 November 1991 in Salzburg, are hereby approved on behalf 
of the European Community. 

The text of the Protocols is attached to this Decision. 

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Article 2 

The  President  of  the  Council  is  hereby  authorised  to  designate  the  person(s)  empowered  to 
deposit, on behalf of the Community, the instrument of approval with the Republic of Austria 
in accordance with Article 27 of the Protocol on Soil Protection, Article 21 of the Protocol on 
Energy and Article 28 of the Protocol on Tourism. 

At  the  same  time  the  designated  person(s)  shall  deposit  the  reservation  and  declarations  set 
out in Annex to this Decision. 

Article 3 

This Decision shall be published in the Official Journal of the European Union. 

Done at Brussels,  

For the Council 
The President 

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ANNEX I 

PROTOCOL 

ON THE IMPLEMENTATION OF THE ALPINE CONVENTION OF 1991 

IN THE FIELD OF SOIL PROTECTION 

SOIL PROTECTION 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  7th  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; 

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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; 

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 

General obligations 

Article 1 

Objectives 

(1) 

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

(2) 

The Alpine soil shall be preserved in a sustainable manner to allow it to perform: 

1. 

its natural functions as 

a) 

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

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, 

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d) 

a  conversion  and  compensating  medium  to  offset  inputs  of  substances, 
especially due to its filtering, buffering and storage qualities, in particular 
for the protection of groundwater, 

e) 

a genetic reservoir, 

2. 

its  function  as  an  archive  of  natural  history  and  the  history  of  civilisation,  as 
well as 

3. 

its functions 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) 

(4) 

(5) 

(1) 

(2) 

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

In  this  endeavour  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. 

Article 2 

Fundamental obligations 

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. 

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. 

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(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  utilisation  of  soils  shall  be 
specially supported. 

Article 3 

Taking account of the objectives in other policies 

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

Article 4 

Participation of regional and local authorities 

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

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 

The Contracting Parties shall encourage stronger international cooperation among the 
competent institutions, especially 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. 

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. 

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. 

(1) 

(2) 

(1) 

(2) 

(3) 

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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  documentation  of  Earth's  history, 
shall be preserved. 

Article 7 

Economical and prudent use of soils 

(1) 

(2) 

(3) 

(4) 

(1) 

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

In  order  to  limit  soil  sealing  and  soil  consumption,  the  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. 

When assessing the spatial and environmental compatibility of large-scale projects in 
the  fields  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. 

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 

The Contracting Parties shall see to it 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. 

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(2) 

(1) 

(2) 

(3) 

(1) 

(2) 

(1) 

(2) 

When  extracting,  processing  and  utilising  mineral  resources,  impairments  of  other 
soil functions shall be reduced to a minimum. In those areas which are particularly 
important for the protection of soil functions and in areas specifically designated as 
drinking water resources, the extraction of mineral resources shall be foregone. 

Article 9 

Conservation of soils in wetlands and moors 

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. 

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. 

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 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. 

The  Contracting  Parties  shall  make  sure  that  engineering  techniques  are  used  in 
endangered areas which are as compatible with nature as possible, and that local and 
traditional  building  materials  which  suit  the  local  countryside  are  used.  These 
measures shall be supported by appropriate silvicultural measures. 

Article 11 

Designation and management of Alpine areas threatened by erosion 

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. Areas damaged by erosion 
and  land  movement  shall  be  rehabilitated  in  as  far  as  this  is  necessary  for  the 
protection of human beings and material goods. 

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(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 silvicultural techniques with minimal environmental impact. 

Article 12 

Agriculture, pasture farming and forestry 

(1) 

(2) 

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

As  regards  the  input  of  substances  through  the  use  of  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 fertilisation 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/biological  and 
integrated  methods  of  cultivation,  as  well  as  by  matching  livestock  to  natural  local 
growth conditions. 

(3) 

In Alpine pasture areas, the usage of mineral fertilisers and synthetic herbicides and 
pesticides  in  particular  shall  be  minimised.  The  use  of  sewage  sludges  shall  be 
foregone. 

Article 13 

Silvicultural and other measures 

(1) 

(2) 

With regard to mountain forests which offer a high degree of protection to their own 
location, or above all to human settlements, transport 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. 

Specifically, forests shall be used and maintained in such a way that soil erosion and 
harmful soil compaction are avoided. To achieve this, silvicultural measures adapted 
to local conditions as well as natural forest rejuvenation shall be promoted. 

Article 14 

Effects of tourism infrastructures 

(1) 

The Contracting Parties shall use their influence in the most appropriate manner to 
ensure that 

–  detrimental effects of tourism activities on Alpine soils are avoided, 

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–  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  exceptional  cases  and  with  the  proviso  that 
compensatory  action  is  taken,  and  that  such  permits  are  not  granted  for  fragile 
areas. 

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

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 

The  Contracting  Parties  shall  do  everything  in  their  power  to  minimise,  through 
preventive  action,  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. 

To  avoid  soil  contamination  when  using  dangerous  substances,  the  Contracting 
parties  shall  issue  technical  regulations,  provide  for  checks,  carry  out  research 
programmes and engage in educational work. 

(2) 

(3) 

(1) 

(2) 

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 

(1) 

(2) 

The  Contracting  Parties  undertake  to  survey  and  document  their  environmental 
liabilities  and  suspicious  landfills  (environmental  liabilities  register),  to  analyse  the 
condition  of  those  areas  and  to  assess  their  hazard  potential  using  comparable 
methods. 

To  avoid  soil  contamination  and  to  ensure  the  environmentally  compatible  pre-
treatment, treatment and disposal of waste and residual materials, waste management 
concepts shall be drawn up and implemented. 

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Article 18 

Further measures 

The Contracting Parties may take measures regarding soil conservation which go beyond the 
measures provided for in this Protocol. 

Chapter III 

Research, education and information 

Article 19 

Research and monitoring 

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

(3) 

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. 

The  Contracting  Parties  shall  ensure  that  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. 

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

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

Article 20 

Establishment of harmonised databases 

The  Contracting  Parties  agree  to  create  comparable  databases  (soil  parameters, 
sampling,  analysis,  evaluation)  within  the  framework  of  the  Alpine  monitoring  and 
information system, and to establish possibilities for data exchange.  

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  representative  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. 

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Article 21 

Establishment of permanent monitoring areas and coordination of environmental 
monitoring 

(1) 

(2) 

(3) 

The  Contracting  Parties  undertake  to  establish  permanent  monitoring  areas  in  the 
Alpine region and to integrate them in an Alpine-wide soil monitoring network. 

The  Contracting  Parties  agree  to  coordinate  their  national  soil  monitoring 
programmes with the environmental monitoring programmes for air, water, flora and 
fauna. 

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. 

Chapter IV 

Implementation, monitoring and evaluation 

Article 23 

Implementation 

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

Article 24 

Monitoring of compliance with obligations 

(1) 

(2) 

The  Contracting  Parties  shall  regularly  report  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. 

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. 

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(3) 

(4) 

(1) 

(2) 

(1) 

(2) 

(3) 

(1) 

(2) 

The Standing Committee shall draw up a report on the compliance of the Contracting 
Parties with the obligations arising from the Protocol, for the attention of the Alpine 
Conference. 

The Alpine Conference shall take note of this report. If it finds that obligations have 
not been met, it may adopt recommendations. 

Article 25 

Evaluation of the effectiveness of the provisions 

The Contracting Parties shall 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. 

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

Chapter V 

Final provisions 

Article 26 

Links between the Alpine Convention and the Protocol 

This Protocol constitutes a Protocol to the Alpine Convention within the meaning of 
Article 2 thereof and any other relevant articles of the Convention. 

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

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

Article 27 

Signature and ratification 

This  Protocol  shall  be  open  for  signature  by  the  Signatory  States  of  the  Alpine 
Convention 
from 
16 November 1998 in the Republic of Austria as the depositary. 

the  European  Union  on  16 October 1998 

and 

and 

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. 

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(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 28 

Notifications 

The depositary shall, in respect of this Protocol, notify each State referred to in the Preamble 
and the European Community of 

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 the undersigned, being duly authorised thereto, have signed this Protocol. 

Done at Bled on 16 October 1998 in the French, German, Italian and Slovene languages, the 
four  texts  being  equally  authentic,  the  original  text  being  deposited  in  the  Austrian  State 
archives. The depositary shall send a certified copy to each of the signatory States. 

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PROTOCOL 

ON THE IMPLEMENTATION OF THE 1991 ALPINE CONVENTION 

IN THE FIELD OF ENERGY 

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; 

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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; 

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; 

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Have agreed as follows: 

Chapter I 

General provisions 

Article 1 

Objectives 

The  Contracting  Parties  shall  commit  themselves  to  creating  framework  conditions  and 
adopting measures for 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 environment and to safeguarding resources and the climate. 

Article 2 

Basic commitments 

(1) 

In accordance with this Protocol, the Contracting Parties shall: 

a) 

b) 

c) 

harmonise  their  energy-saving  plans  with  their  plans  for  the  general 
development of the Alpine region; 

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; 

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

–  reducing energy needs through the use of more efficient technologies; 

–  making wider use of renewable energy sources to meet remaining energy needs; 

–  optimising existing plants which produce energy from non-renewable sources; 

d) 

limit  the  negative  effects  of  power  plants  on  the  environment  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; 

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(2) 

(3) 

(4) 

(5) 

In the event of the construction of new, large power 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 socio-economic effects of this in accordance with Article 12. The 
Parties shall recognise the right to consultation at international level on projects with 
cross-border effects. 

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 collaboration in development programmes in this area. 

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 vulnerability, 
tolerance and the ongoing deterioration of the Alpine ecosystem. 

The  Contracting  Parties  should  be  aware  that  an  appropriate  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 development 
activities on this subject and shall exchange the main results. 

(6) 

The Contracting Parties shall cooperate with a view to developing methods for taking 
better account of the true costs in the field of energy. 

(1) 

(2) 

(1) 

Article 3 

Conformity with international law and other policies 

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

Article 4 

Participation of regional and local authorities 

Each Contracting Party shall define, within its institutional framework, the best level 
of  coordination  and  cooperation  between  the  institutions  and  regional  authorities 
directly  concerned  so  as  to  encourage  solidarity  of  responsibility,  in  particular  to 
exploit  and  develop  synergies  when  applying  energy  policies  in  the  Alpine  region 
and implementing measures under them. 

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(2) 

(3) 

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. 

The  Contracting  Parties  shall  encourage  international  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 

(1) 

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

a) 

energy  needs  which  are  spread  over  vast  areas  and  which  vary  greatly 
according to altitude, the season and the 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. 

(2) 

The Contracting Parties shall seek to make energy use more environmentally friendly 
and shall, as 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. 

(3) 

They shall adopt measures and make provisions, particularly in the following areas: 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

improving insulation in buildings and the efficiency of heating systems; 

optimising  the  performance  of  heating,  ventilation  and  air  conditioning 
systems; 

periodic  monitoring  and  reduction,  where  appropriate,  of  polluting  emissions 
from thermal plants; 

saving  energy  through  modern  technological  processes  for  energy  use  and 
conversion; 

individual calculation of the costs of heating and hot water; 

planning and promoting new buildings which use low-energy technologies; 

promoting and implementing municipal or local energy and climate projects in 
accordance with measures provided for in Article 2, paragraph 1.c; 

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h) 

improving  energy  performance  in  buildings  undergoing  renovation  and 
encouraging the use of environmentally-friendly heating systems. 

Article 6 

Renewable energy resources 

The Contracting Parties shall undertake, within the limits of their financial resources, 
to promote and give preferential treatment to renewable energy resources which are 
environmentally friendly and do not harm the countryside. 

They  shall  also  encourage  the  use  of  decentralised  plants  for  the  use  of  renewable 
energy sources such as water, the sun and biomass. 

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

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

Article 7 

Hydroelectric power 

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

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

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. 

The  Contracting  Parties  shall  recommend  reopening  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, 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. 

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

(3) 

(4) 

(5) 

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(1) 

(2) 

(3) 

(4) 

(1) 

Article 8 

Energy from fossil fuels 

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

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

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

Article 9 

Nuclear energy 

The  Contracting  Parties  shall  undertake,  within  the  framework  of  international 
conventions,  to  exchange  comprehensive  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. 

(2) 

Furthermore, the Contracting Parties shall ensure the harmonisation and connection, 
as far as possible, of their systems for monitoring environmental radioactivity. 

Article 10 

Transport and energy distribution 

(1) 

(2) 

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  the  same  time,  where  appropriate,  taking  steps  to  protect  the  local  people 
and the Alpine environment. 

When constructing electricity transmission lines and power stations 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 
Contracting Parties shall implement all the necessary measures to avoid disturbance 
to the local people and the environment, including, if possible, the use of pre-existing 
facilities and grids. 

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(3) 

Concerning electricity transmission lines, the Contracting Parties shall take particular 
account of 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 environmental impact studies provided for 
under current legislation to establish arrangements for the restoration of aquatic 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 12 

Environmental impact analysis 

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. 

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 

The Contracting Parties shall undertake to consult one another prior to starting any 
project which may have cross-border effects. 

For projects which may have cross-border effects, the Contracting Parties concerned 
must  be  able  to  present  their  comments  in  good  time,  and  these  will  be  taken  into 
account when issuing permits. 

(1) 

(2) 

(1) 

(2) 

Article 14 

Further action 

The  Contracting  Parties  may  take  further  action  than  measures  on  energy  and  sustainable 
development set out in this Protocol. 

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Chapter III 

Research, training and information 

Article 15 

Research and observation 

(1) 

(2) 

(3) 

(1) 

(2) 

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  environment  and  the  climate,  as  well  as  specific 
technologies for saving and making rational use of energy in the Alpine region. 

They shall also take account of the results of research in 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 Contracting Parties shall ensure that the various 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 

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. 

They  shall  particularly  encourage  the  further  development  of  training,  continuous 
training  and  technical  assistance  concerning  energy,  including  protecting  the 
environment, nature and the climate. 

Chapter IV 

Implementation, monitoring and evaluation 

Article 17 

Implementation 

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

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Article 18 

Monitoring of compliance with obligations 

The  Contracting  Parties  shall  regularly  report  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. 

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 compliance of the Contracting 
Parties with the obligations arising from the Protocol, for the attention of the Alpine 
Conference. 

The Alpine Conference shall take note of this report. If it finds that obligations have 
not been met, it may adopt recommendations. 

Article 19 

Evaluation of the effectiveness of the provisions 

The Contracting Parties shall 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. 

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

Chapter V 

Final provisions 

Article 20 

Links between the Alpine Convention and the Protocol 

This Protocol constitutes a Protocol to the Alpine Convention within the meaning of 
Article 2 thereof and any other relevant articles of the Convention. 

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

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

(1) 

(2) 

(3) 

(4) 

(1) 

(2) 

(1) 

(2) 

(3) 

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Article 21 

Signature and ratification 

(1) 

(2) 

(3) 

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. 

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 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, in respect of this Protocol, notify each State referred to in the Preamble 
and the European Community of: 

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, the undersigned, being duly authorised thereto, have signed this Protocol. 

Done at Bled on 16 October 1998 in French, German, Italian, Slovenian, 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. 

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ON THE IMPLEMENTATION OF THE ALPINE CONVENTION OF 1991 

PROTOCOL 

IN THE FIELD OF TOURISM 

TOURISM 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;  

Desiring  to  harmonise  economic  interests  and  ecological  requirements,  and  establish 
sustainable development;  

Aware that the Alps are the living and economic environment for the local population; 

Convinced  that  the  local  population  must  be  able  to  develop  their  own  social,  cultural  and 
economic development plan, and take part in its implementation in the existing institutional 
framework; 

Considering  that  in  our  urban  civilisation,  there  is  an  ever-growing  need  for  varied  tourism 
and leisure activities that are appropriate to today’s way of life; 

Considering that the Alps remain one of the most important areas for tourism and leisure in 
Europe due to the extensive range of leisure activities on offer, the rich variety of landscapes 
and the diversity of its ecosystems, and that protection of the Alpine region should go beyond 
national frameworks; 

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Considering  that  for  certain  Contracting  Parties,  a  significant  proportion  of  their  population 
live in the Alps, and that tourism in the Alpine region is of public interest given that it helps to 
maintain a permanent population; 

Considering that mountain tourism is facing competition in an increasingly globalised context 
and contributes significantly to the economic performance of the Alpine region; 

Considering that recent trends seem to be moving towards greater harmony between tourism 
and the environment;  for  customers, an increasing interest in  attractive natural surroundings 
that are protected summer and winter alike, and for local decision makers, concern for making 
tourist destinations more environmentally-friendly; 

Considering that in the Alpine region, individual attention must be given to limitations to the 
ability of each location’s ecosystem to adapt, and each ecosystem must be appreciated for its 
specific features; 

Considering that natural and cultural heritage as well as the countryside constitute an essential 
part of tourism in the Alps; 

Aware that the Alpine States are characterised by natural, cultural, economic and institutional 
differences  which  have  caused  them  to  develop  independently,  giving  rise  to  very  varied 
tourist facilities which, far from becoming more standardised at international level should be a 
source of diverse but complementary tourist activities; 

Aware  of  the  need  for  sustainable  development  in  the  tourist  industry  to  be  based  on 
developing  natural  heritage  and  providing  high-quality  services,  given  that  the  majority  of 
Alpine  regions  are  dependent  on  tourism  which  also  provides  a  livelihood  for  the  local 
population; 

Aware  that  it  is  appropriate  to  encourage  holidaymakers  to  respect  nature,  to  give  them  a 
greater understanding of the people living and working in tourist destinations and to create the 
best conditions possible for them to truly discover the diversity of nature in the Alpine region; 

Aware that it is the responsibility of professional tourist organisations and regional and local 
authorities  to  put  into  place,  within  a  defined  framework  for  the  Alpine  region,  means  of 
improving production structures and their efficiency; 

to  contribute 

Desiring 
the  Alps  by  encouraging 
environmentally-friendly  tourism,  which  is  also  an  essential  basis  for  the  standard  of  living 
and economy of the local people; 

to  sustainable  development 

in 

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: 

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Chapter I 

General provisions 

Article 1 

Objective 

The objective of this Protocol is to contribute to sustainable development in the Alpine region 
within the existing institutional framework, by encouraging environmentally-friendly tourism 
through  specific  measures  and  recommendations  which  take  the  interests  of  both  the  local 
population and tourists into account. 

Article 2 

International cooperation 

(1) 

(2) 

(3) 

The  Contracting  Parties  undertake  to  eliminate  barriers  to  international  cooperation 
between  regional  and  local  authorities  in  the  Alpine  region,  and  to  promote 
collaboration at the appropriate territorial level in order to solve common problems. 

The  Contracting  Parties  shall  encourage  stronger  international  cooperation  between 
the  relevant  competent  bodies.  They  shall  ensure,  in  particular,  the  development  of 
cross-border  areas  by  coordinating  environmentally-friendly  tourist  and  leisure 
activities. 

When local and regional authorities are unable to implement measures because they 
are  a  matter  of  national  or  international  competence,  they  must  be  given  the 
opportunity to effectively represent the interests of the population. 

Article 3 

Taking account of the objectives in other policies 

The Contracting Parties undertake to take account of the  objectives  of  this Protocol in  their 
other  policies  as  well,  in  particular  in  the  fields  of  regional  planning,  transport,  agriculture, 
forestry, protection of the environment and nature, and water and energy supplies, with a view 
to reducing any negative or contradictory effects. 

Article 4 

Participation of regional and local authorities  

(1) 

Each Contracting Party shall define, within its institutional framework, the best level 
of  coordination  and  cooperation  between  the  institutions  and  regional  authorities 
directly  concerned  so  as  to  encourage  solidarity  of  responsibility,  in  particular  to 
exploit  and  develop  synergies  when  applying  tourism  policies  and  implementing 
measures under them. 

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(3) 

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

Chapter II 

Specific measures 

Article 5 

Managing tourism 

(1) 

The  Contracting  Parties  undertake  to  combine  sustainable  development  with 
environmentally-friendly tourism. To this end, they shall support the preparation and 
implementation  of  guidelines,  development  programmes  and  sectoral  plans  which 
take  the  objectives  of  this  Protocol  into  account  and  which  are  initiated  by  the 
competent bodies at the most appropriate level. 

(2) 

These  measures  will  allow 
developments to be evaluated and compared, in particular in terms of: 

the  advantages  and  disadvantages  of  planned 

a) 

b) 

the socio-economic consequences for the local population; 

the consequences for soil, water, the air, natural balances and the countryside, 
taking into account specific ecological data, natural resources and limitations to 
the ability of ecosystems to adapt; 

c) 

the consequences for public finances. 

Article 6 

Guidelines for developing tourism 

(1) 

(2) 

The Contracting Parties shall, when developing tourism, take account of issues such 
as the conservation of nature and the countryside. They undertake to promote, as far 
as  possible,  projects  which  enhance  the  countryside  and  are  environmentally 
acceptable. 

They  shall  adopt  a  sustainable  policy  to  make  environmentally-friendly  tourism  in 
the Alps more competitive, and by doing so shall make an important contribution to 
the  socio-economic  development  of  the  Alpine  region.  Priority  shall  be  given  to 
measures promoting innovation and diversity in tourism. 

(3) 

The Contracting Parties shall ensure that in areas attracting high numbers of tourists, 
a balance is struck between intensive and extensive forms of tourism. 

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(4) 

When incentives are established, the following requirements should be met: 

a) 

b) 

for intensive tourism, the adaptation of existing tourist facilities and equipment 
to  meet  ecological  requirements,  and  the  development  of  new  facilities 
conforming to the objectives of this Protocol; 

for  extensive  tourism,  the  continuation  or  development  of  environmentally-
friendly  tourism,  and  the  promotion  of  the  natural  and  cultural  heritage  of 
tourist areas. 

Article 7 

Research on quality 

(1) 

(2) 

The Contracting Parties shall adopt a policy of permanent and systematic research on 
the  quality  of  tourism  across  the  whole  of  the  Alpine  region,  taking  ecological 
requirements into account.  

They  shall  encourage  the  exchange  of  experiences  and  the  implementation  of  joint 
action plans, pursuing qualitative improvements particularly in: 

a) 

the development of amenities in the countryside and natural areas; 

b) 

urban development and architecture (new buildings and village restoration); 

c) 

d) 

accommodation and range of tourist services; 

diversity in tourism for the Alpine region, promoting cultural activities in the 
various areas concerned. 

Article 8 

Controlling tourists flows 

The Contracting Parties shall encourage the control of tourist flows, particularly in protected 
areas, organising a way to evenly disperse and accommodate tourists in order to guarantee the 
sustainability of these areas. 

Article 9 

Natural limitations to development  

The  Contracting  Parties  shall  ensure  that  tourism  development  is  adapted  to  the  specific 
environment  and  available  resources  of  the  area  or  region  concerned.  It  is  appropriate  to 
establish  prior  assessment  for  projects  likely  to  have  a  marked  impact  on  the  environment, 
within the existing institutional framework, which will be taken into account when decisions 
are made. 

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Article 10 

Quiet areas 

The  Contracting  Parties  undertake,  in  accordance  with  their  laws  and  ecological  criteria,  to 
establish designated quiet areas where no tourist facilities will be developed. 

Article 11 

Accommodation policy 

The  Contracting  Parties  shall  develop  accommodation  policies,  taking  account  of  how  little 
space  is  available  and  giving  priority  to  commercial  accommodation,  restoring  and  using 
existing buildings, and modernising and improving the quality of existing accommodation. 

Article 12 

Ski lifts 

(1) 

(2) 

(1) 

(2) 

The  Contracting  Parties  undertake,  within  the  framework  of  national  authorisation 
procedures for ski lifts, to implement a policy that goes beyond economic and safety 
needs, responding to ecological requirements and the countryside. 

Both new authorisations to operate ski lifts and concessions will be subject to disused 
ski lifts being dismantled and removed, and areas no longer in use being returned to 
nature, giving priority to plant species native to the area. 

Article 13 

Tourist traffic and transport 

The  Contracting  Parties  shall  encourage  measures  to  reduce  dependence  on 
motorised vehicles in tourist resorts. 

Furthermore, they shall promote both private and public initiatives to improve access 
by  public  transport  to  resorts  and  tourist  areas,  and  shall  encourage  tourists  to  use 
these services. 

Article 14 

Specific development techniques 

1. Ski slopes 

(1) 

The  Contracting  Parties  shall  ensure  that  the  development,  maintenance  and  use  of 
ski slopes blend into the natural surroundings as much as possible, taking account of 
natural balances and biotope sensitivity.  

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(2) 

Developments  affecting  the  landscape  shall  be  avoided  as  much  as  possible  and, 
when natural conditions allow, developed areas should be replanted, giving priority 
to plant species native to the area. 

2. Artificial snow machines 

National  legislation  may  authorise  the  use  of  artificial  snow  during  cold  seasons  specific  to 
each  location,  particularly  to  make  exposed  areas  safer  and  if  the  location’s  hydrological, 
climatic and ecological conditions allow. 

Article 15 

Sporting activities 

(1) 

(2) 

The Contracting Parties undertake to define a policy for controlling outdoor sporting 
activities,  especially  in  protected  areas,  in  order  to  avoid  causing  damage  to  the 
environment. This control may mean prohibiting a particular activity, if necessary. 

The  Contracting  Parties  undertake  to  limit  as  much  as  possible,  and  if  necessary 
prohibit,  sporting  activities  using  motorised  vehicles  outside  areas  designated  by 
competent bodies. 

Article 16 

Landing by air 

The  Contracting  Parties  undertake  to  limit  as  much  as  possible,  and  if  necessary  prohibit, 
landing by air outside of airfields for the purpose of sporting activities. 

Article 17 

Developing economically weak regions and local and regional authorities 

It is recommended that the Contracting Parties examine solutions adapted to the appropriate 
territorial level to promote the balanced development of economically weak regions and local 
and regional authorities. 

Article 18 

Staggering holidays 

(1) 

(2) 

The Contracting Parties shall endeavour to spread out the demand for tourist resorts 
more effectively, in terms of time and location.  

To  this  end,  it  is  appropriate  to  support  cooperation  between  States  on  staggering 
holidays and experimenting with extending holiday seasons. 

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Article 19 

Encouraging innovation 

It  is  recommended  that  the  Contracting  Parties  develop  incentives  to  encourage  the 
implementation of the objectives of this Protocol. To this end they will examine, in particular, 
the  implementation  of  an  Alpine  competition  with  a  view  to  rewarding  innovative  tourist 
initiatives and products which respect the objectives of this Protocol.  

Article 20 

Cooperation between tourism, agriculture, forestry and handicrafts 

The Contracting Parties shall support cooperation between tourism, agriculture, forestry and 
handicrafts.  They  shall  particularly  encourage  combinations  of  activities  which  generate 
employment in the context of sustainable development.  

Article 21 

Further measures  

The  Contracting  Parties  may  take  further  measures  to  promote  sustainable  tourism  than  the 
measures provided for in this Protocol. 

Chapter III 

Research, training and information 

Article 22 

Research and observation 

(1) 

(2) 

(3) 

The  Contracting  Parties  shall  encourage  and  harmonise,  in  close  cooperation, 
research  and  systematic  observation  relevant  to  improving  understanding  of  the 
relationship between tourism and the environment in the Alps, and analysing future 
developments. 

The  Contracting  Parties  shall  ensure  that  the  national  results  of  the  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. 

The Contracting Parties undertake to share information about their own experiences 
relevant to implementing the measures and recommendations in this Protocol and to 
gathering valuable information in terms of qualitative tourism development. 

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Article 23 

Training and information 

(1) 

(2) 

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. 

It is recommended that the Contracting Parties include knowledge of nature and the 
environment  in  vocational  training  for  jobs  directly  involving  or  linked  to  tourism. 
New types of training bringing tourism and the environment together could then be 
introduced. For example: 

–  "nature activity leaders", 

–  "resort quality assurance officers", 

–  "tourism assistants for the disabled". 

Chapter IV 

Implementation, monitoring and evaluation 

Article 24 

Implementation 

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

Article 25 

Monitoring compliance with obligations 

(1) 

(2) 

(3) 

(4) 

The  Contracting  Parties  shall  regularly  report  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. 

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 compliance of the Contracting 
Parties with the obligations arising from the Protocol, for the attention of the Alpine 
Conference. 

The Alpine Conference shall take note of this report. If it finds that obligations have 
not been met, it may adopt recommendations.  

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(1) 

(2) 

(1) 

(2) 

(3) 

(1) 

(2) 

(3) 

Article 26 

Evaluation of the effectiveness of the provisions 

The Contracting Parties shall 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.  

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

Chapter V 

Final provisions 

Article 27 

Links between the Alpine Convention and the Protocol 

This Protocol constitutes a Protocol to the Alpine Convention within the meaning of 
Article 2 thereof and any other relevant articles of the Convention. 

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

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

Article 28 

Signature and ratification 

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. 

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 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. 

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Article 29 

Notification 

The depositary shall, in respect of this Protocol, notify each State referred to in the Preamble 
and the European Community of 

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, the undersigned, being duly authorised thereto, has signed this Protocol. 

Done at Bled, on 16 October 1998 in the German, French, Italian and Slovene languages, the 
four  texts  being  equally  authentic,  the  original  text  being  deposited  in  the  Austrian  State 
archives. The depositary shall send a certified copy to each of the signatory States. 

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The  European  Community  reconfirms  its  Declarations  and  its  reservation  to  the  Protocols, 
already made when it signed them. 

ANNEX II 

DECLARATIONS ON BEHALF OF THE EUROPEAN COMMUNITY 

DECLARATION  BY  THE  EUROPEAN  COMMUNITY  REGARDING  ARTICLE  12 
PARAGRAPH 3 OF THE PROTOCOL ON «SOIL PROTECTION» OF 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 agriculture21. 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. Sludge may be used in cases where it would benefit the soil or 
for  the  nutrition  of  crops  and  plants.  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. 

DECLARATION  BY  THE  EUROPEAN  COMMUNITY  REGARDING  ARTICLE  17 
PARAGRAPH 2 OF THE PROTOCOL ON «SOIL PROTECTION» OF THE ALPINE 
CONVENTION 

Article  17(2)  of  the  Protocol  on  Soil  Protection  should  be  read  in  conformity  with  the  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 ensure compatibility not only with the environment but 
also with human health. 

DECLARATION  BY  THE  EUROPEAN  COMMUNITY  REGARDING  ARTICLE  19 
PARAGRAPH  2  AND  ARTICLE  21  PARAGRAPH  2  OF  THE  PROTOCOL  ON 
«SOIL PROTECTION» OF THE ALPINE CONVENTION 

Concerning  Article  19(2)  and  Article  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. 

21 

OJ L 181, 4.7.1986, p. 6. 

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RESERVATION BY THE EUROPEAN COMMUNITY 

RESERVATION BY THE EUROPEAN COMMUNITY REGARDING ARTICLE 9 OF 
THE PROTOCOL ON «ENERGY» OF THE ALPINE CONVENTION 

Article  9  of  the  Protocol  on  Energy  concerns  nuclear  power  issues.  So  far  as  the  EC  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  ratification  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. 

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