2006/516/EC: Council Decision of  27 June 2006  on the conclusion, 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 - Declarations
Date: 2006-06-27
Institutions: Council of the European Union
Subjects: Alpine Region, energy policy, environmental protection, international convention, protocol to an agreement, sustainable development

25.7.2006

EN

Official Journal of the European Union

L 201/31

COUNCIL DECISION

of 27 June 2006

on the conclusion, 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

(2006/516/EC)

THE COUNCIL OF THE EUROPEAN UNION,

(6)

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

establishing the European
in conjunction
the first subparagraph of Article

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

(4)

(5)

The Convention on the protection of the Alps (here-
‘the Alpine Convention’) was concluded on
inafter
behalf of
by Council
Decision 96/191/EC (2).

European Community

the

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 (hereinafter ‘the Protocols’) by
Council Decision 2005/923/EC (3).

The Protocols are an important step in the implemen-
the Alpine Convention, and the European
tation of
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.

in particular priority areas as
Community Policies,
defined in Decision No 1600/2002/EC of the European
Parliament and of the Council of 22 July 2002 laying
down the
Environment Action
Programme (4), should be promoted and strengthened
within the Alpine region.

Sixth Community

(7)

(8)

concept of

One of the main goals of the Protocol on Soil Protection
is the safeguarding of the multifunctional role of soil
based on the
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 should take account of
the considerable diversity of regional and local conditions
that exist in the Alpine region. The Protocol on Soil
Protection
appropriate
to
measures at national and regional level.

implement

could

help

of

could

databases

harmonised

Requirements of the Protocol such as soil monitoring,
flooding and
identification of risk zones for erosion,
landslides, an inventory of contaminated sites and the
establishment
be
important elements for a Community policy on soil
protection, as evidenced by, inter alia, Council Directive
85/337/EEC of 27 June 1985 on the assessment of the
effects of certain public and private projects on the envi-
ronment (5), Council Directive 86/278/EEC of 12 June
1986 on the protection of
the environment, and in
particular of the soil, when sewage sludge is used in
agriculture (6), Council Directive 92/43/EEC of 21 May
1992 on the conservation of natural habitats and of
wild fauna and flora (7), Council Directive 99/31/EC of
26 April 1999 on the landfill of waste (8), Council Regu-
lation (EC) No 1257/1999 of 17 May 1999 on support
for rural development from the European Agricultural
and
Guidance
Directive 2000/60/EC of the European Parliament and
of
the Council of 23 October 2000 establishing a
framework for Community action in the field of water
policy (10).

and Guarantee

(EAGGF) (9)

Fund

(5) OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive
2003/35/EC of the European Parliament and the Council (OJ L 156,
25.6.2003, p. 17).

(6) OJ L 181, 4.7.1986, p. 6. Directive as last amended by Regulation

(EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

(7) OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation
(EC) No 1882/2003 of the European Parliament and the Council
(OJ L 284, 31.10.2003, p. 1).

(8) OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation

(EC) No 1882/2003.

(1) Opinion of 13 June 2006 (not yet published in the Official Journal).
(2) OJ L 61, 12.3.1996, p. 31.
(3) OJ L 337, 22.12.2005, p. 27.
(4) OJ L 242, 10.9.2002, p. 1.

(9) OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regu-

lation (EC) No 2223/2004 (OJ L 379, 24.12.2004, p. 1).

(10) OJ L 327, 22.12.2000, p. 1. Directive as last amended by Decision

No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

L 201/32

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Official Journal of the European Union

25.7.2006

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.

emissions by sources and providing removals by sinks of
all greenhouse gases not controlled by the Montreal
Protocol.

set out

in the White Paper

The provisions of the Protocol on Energy are in line with
the Sixth Community 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 energy, as
for a
‘Community Strategy and Action Plan’, the Green Paper
‘Towards a European strategy for the security of energy
supply’, Directive
European
Parliament and of the Council of 27 September 2001
from
on the
electricity
in the internal electricity
renewable energy sources
market (11), Directive 2002/91/EC of
the European
Parliament and of the Council of 16 December 2002
on the
and
Decision No 1230/2003/EC of the European Parliament
and of the Council of 26 June 2003 adopting a multi-
annual programme for action in the field of energy:
‘Intelligent Energy — Europe’ (2003-2006) (13).

energy performance of buildings (12)

2001/77/EC of

promotion of

produced

the

(14)

The Protocol on Energy contributes to fulfilling 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 sustainable development of the
region.

(17)

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.

Trans European Energy Networks (TEN-E) should be
given priority and coordination and implementation
measures foreseen in the TEN-E guidelines in Decision
No 1229/2003/EC of the European Parliament and of
the Council of 26 June 2003 laying down a series of
guidelines for trans European energy networks (14) should
be
new crossborder
developing
connections, in particular high-voltage lines.

applied when

award

scheme (15), Regulation

the European Parliament and of

Tourism is an increasingly global phenomenon, but at
the same time it remains a sphere of primarily local
and regional responsibility. As regards the Community,
Directive 85/337/EEC, Directive 92/43/EEC, Regulation
(EC) No 1980/2000 of the European Parliament and of
the Council of 17 July 2000 on a revised Community
eco-label
(EC) No
761/2001 of
the
Council of 19 March 2001 allowing voluntary partici-
pation
eco-
management and audit scheme (EMAS) (16) and Council
Resolution of 21 May 2002 on the future of European
inter alia, are relevant in this context. The
tourism (17),
Alpine Convention and its Protocol on Tourism, together
with the other Protocols that can have influence on the
tourism sector, should represent a framework instrument
to stimulate and coordinate the contribution of stake-
holders at regional and local
in order to make
sustainability a major driver in the improvement of the
quality of the Alpine region tourist offer.

a Community

organisations

level

by

in

(9)

(10)

(11)

(12)

(13)

The European Community,
its Member States, Swit-
zerland, Liechtenstein and Monaco are Parties to the
United Nations Framework Convention on Climate
Change
the Kyoto Protocol. The
UNFCCC and the Kyoto Protocol require that Parties
formulate,
implement, publish and regularly update
national and regional programmes containing measures
to mitigate climate change by addressing anthropogenic

(UNFCCC)

and

(11) OJ L 283, 27.10.2001, p. 33. Directive as last amended by Decision
of the EEA Joint Committee No 102/2005 (OJ L 306, 24.11.2005,
p. 34).

(12) OJ L 1, 4.1.2003, p. 65.
(13) OJ L 176, 15.7.2003, p. 29. Decision as last amended by Decision
the European Parliament and the Council

No 787/2004/EC of
(OL L 138, 30.4.2004, p. 12).

(14) OJ L 176, 15.7.2003, p. 11.

(18)

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

innovation and research, monitoring

(15) OJ L 237, 21.9.2000, p. 1.
(16) OJ L 114, 24.4.2001, p. 1. Regulation as last amended by
Commission Regulation (EC) No 196/2006 (OJ L 32, 4.2.2006,
p. 4).

(17) OJ C 135, 6.6.2002, p. 1.

25.7.2006

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Official Journal of the European Union

L 201/33

(19)

to the

three Protocols

should
Contracting Parties
promote relevant education and training and, addi-
tionally, promote the dissemination of
information to
the public regarding the objectives, measures and imple-
mentation of each of these three Protocols.

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.

(20)

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

At the same time the designated person(s) shall deposit the
Declarations related to the Protocols.

HAS DECIDED AS FOLLOWS:

Article 1

The Protocol on Soil Protection (18), the Protocol on Energy (19)
and the Protocol on Tourism (20) to the Alpine Convention,
signed at Salzburg on 7 November 1991,
are hereby
approved on behalf of the European Community.

Article 2

The President of the Council is hereby authorised to designate
the
the person(s)

empowered to deposit, on behalf of

Article 3

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

Done at Luxembourg, 27 June 2006.

For the Council
The President

J. PRÖLL

(18) OJ L 337, 22.12.2005, p. 29.
(19) OJ L 337, 22.12.2005, p. 36.
(20) OJ L 337, 22.12.2005, p. 43.