Proposal for a Council Decision on the conclusion, of behalf of the European Community, of the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol)
Date: 2008-12-23
Institutions: European Commission
Subjects: Alpine Region, common transport policy, cross-border cooperation, environmental protection, pollution control measures, protocol to an agreement, sustainable development

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 23.12.2008 
COM(2008) 895 final 

2008/0262 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

(presented by the Commission) 

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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, 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. 

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

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  19961  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. 

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  has 
committed  itself  to  fulfil  the  obligations  of  this  Convention.  The  Transport  Protocol  was 
adopted on 24-26 May 2000 on the occasion of the 16th meeting of the Standing Committee of 
the Alpine Convention.  

2. 

THE COMMUNITY AND THE TRANSPORT PROTOCOL 

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

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

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OJ L 61, 12.3.1996, p. 31. 

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The provisions of the Transport Protocol are in line with the Community's Common Transport 
Policy and fully support the Commission's "Greening Transport" approach recently adopted2. 

The  Protocol  has  been  signed  by  all  member  countries  of  the  Alpine  Convention;  the 
Community  has  decided  on  the  signature  of  the  Transport  Protocol  on  12  October  20063. 
Austria,  Germany,  France,  Slovenia  and  Liechtenstein  have  ratified  the  Protocol  and  it  has 
entered  into  force  for  them.  Italy,  Monaco  and  Switzerland  are  currently  making  efforts  to 
ratify  the  Transport  Protocol.  In  the  exceptional  circumstances  of  this  case  and  given  the 
length  of  time  which  has  passed  since  signature  the  European  Community  should  now  also 
rapidly ratify the Protocol. 

The Commission considers that by ratifying the Protocol on the Implementation of the Alpine 
Convention  in  the  field  of  Transport,  the  European  Community  will  not  only  honour  its 
obligations  under  international  law  but  would  also  give  an  important  political  signal  to  all 
parties that ratification of the Protocol should be a priority.  

Community competence is preponderant. Focusing on transport issues the legal basis for the 
Transport Protocol is Article 71 EC. 

3. 

CONCLUSION 

The  Alpine  Convention  and  in  particular  the  Transport  Protocol  are  instruments  which  help 
the European Community to achieve its objective of a sustainable transport policy in a large, 
highly sensitive cross-border zone. The European Community is committed to the objectives 
of the Convention and its Protocols. The signature of the Transport Protocols was a clear sign 
of  this  commitment.  Ratification  of  the  Protocol  by  the  European  Community  would 
underline its efforts to promote sustainable development in this important mountain region. 

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COM (2008) 433 final 
Council Decision 2007/799/EC, OJ L 323, 8.12.07, p.13. 

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2008/0262 (CNS) 

Proposal for a 

COUNCIL DECISION 

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

THE COUNCIL OF THE EUROPEAN UNION, 

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

Having regard to the proposal of the Commission4, 

Having regard to the opinion of the European Parliament5, 

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 19966. 

The Council decided on the signature, on behalf of the European Community, of the 
Protocol  on  the  implementation  of  the  Alpine  Convention  in  the  field  of  transport 
(Transport Protocol) by Council Decision 2007/799/EC on 12 October 2006.7 

The Protocol is 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. 

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

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OJ 
OJ 
OJ L 61, 12.3.1996, p. 31. 
OJ L 323, 8.12.2007, p. 13. 

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(6) 

(7) 

The provisions of  the  Transport Protocol  are  in  line  with  the  Community's  Common 
Transport Policy and fully support the Commission's "Greening  Transport"  approach 
recently adopted8. 

The  ratification  of  the  Transport  Protocol  would  strengthen  trans-border  cooperation 
with the non-EU countries 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 region. 

(8) 

It is thus appropriate that this Protocol be approved by the European Community. 

HAS DECIDED AS FOLLOWS: 

Article 1 

The  Protocol  on  the  Implementation  of  the  Alpine  Convention  in  the  field  of  Transport, 
signed  on  31  October  2000  in  Luzern,  is  hereby  approved  on  behalf  of  the  European 
Community. 

The text of the Protocol is attached to this Decision. 

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 24 of the Protocol. 

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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COM (2008) 433 final 

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PROTOCOL 

ANNEX 

ON THE IMPLEMENTATION OF THE ALPINE CONVENTION OF 1991 

IN THE FIELD OF TRANSPORT 

(TRANSPORT PROTOCOL) 

Preamble 

The Federal Republic of Germany, 

The French Republic, 

The Italian Republic, 

The Principality of Liechtenstein, 

The Principality of Monaco, 

The Republic of Austria, 

The Swiss Confederation, 

The Republic of Slovenia, 

and 

The European Community – 

In  accordance  with  their  task,  arising  from  the  Convention  on  the  Protection  of  the  Alps 
(Alpine Convention)  of  7  November  1991,  of  pursuing  a  comprehensive  policy  for  the 
protection and the sustainable development of the Alpine region; 

In compliance with their obligations under Article 2(2) and (3) of the Alpine Convention; 

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

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

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

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

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

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

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

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

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

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

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

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

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

Have agreed as follows: 

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Chapter I 

General provisions 

Article 1 

Objectives 

1. 

The Contracting Parties undertake to pursue a sustainable transport policy which 
will: 

(a) 

(b) 

(c) 

(d) 

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

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

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

ensure the movement of intra-Alpine and transalpine transport at economically 
bearable costs by increasing the efficiency of transport systems and promoting 
modes of transport which are more environmentally-friendly and more 
economic in terms of natural resources; 

(e) 

ensure fair competition between modes of transport. 

2. 

The Contracting Parties undertake to develop the transport sector while observing the 
precautionary principle, the preventive principle and the polluter-pays principle. 

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Article 2 

Definitions 

For the purposes of this Protocol: 

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

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

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

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

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

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

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

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

"Environmental  quality  indicators"  are  indicators  which  make  it  possible  to  measure  or 
evaluate the present state of environmental damage and to forecast any change. 

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

"The "polluter-pays" principle", including the acceptance of liability for effects caused, is the 
principle  whereby  the  costs  of  preventing,  controlling  and  reducing  environmental  damage 

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and  restoring  the  environment  to  an  acceptable  state  are  to  be  paid  by  polluters.  The  latter 
should,  as  far  as  possible,  pay  the  entire  cost  of  the  impact  of  transport  on  health  and  the 
environment. 

"Advisability study" is an investigation, in accordance with national laws, during the planning 
of  new,  large-scale  building  works,  or  major  alterations  or  extensions  of  existing  transport 
infrastructures concerning the advisability of projects from the angle of both transport policy 
and economic, environmental and socio-cultural impact. 

Article 3 

Sustainable transport and mobility 

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

(a) 

the importance of the environment so that: 

(aa)  the use of natural resources is reduced to a level which, as far as possible, 

does not exceed their natural capacity for regeneration; 

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

absorption capacity of the environments concerned; 

(cc)  the  input  of  substances  into  the  environment  is  limited  so  as  to  avoid 

harming environmental structures and natural materials cycles; 

(b) 

the requirements of the population so as to: 

(aa)  allow  accessibility  for  persons,  labour,  goods  and  services,  while 
effectively  preserving  the  environment,  saving  energy  and  space  and 
meeting the essential needs of the population; 

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

disasters and the number and severity of accidents; 

(c) 

the importance of economic criteria so as to: 

(aa)  increase  the  profitability  of  the  transport  sector  and  internalise  external 

costs; 

(bb)  encourage optimum use of existing infrastructures; 

(cc)  guarantee employment in undertakings which are performing well in the 

various sectors of the economy; 

(d) 

the need to take enhanced measures against noise because of the special 
topography of the Alps. 

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2. 

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

(a) 

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

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

Article 4 

Taking the objectives into account in other policies 

The Contracting Parties undertake to take account of the objectives of this Protocol 
in their other policies as well. 

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

Article 5 

Participation of regional and local authorities 

The Contracting Parties shall encourage international cooperation between the 
competent institutions in order to find the best possible cross-border harmonised 
solutions. 

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

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

1. 

2. 

1. 

2. 

3. 

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Article 6 

Reinforced national regulations 

In  order  to  protect  the  ecologically  sensitive  Alpine  region  and  without  prejudice  to 
international conventions in force, the Contracting Parties may take  measures  going  beyond 
those provided for in this Protocol because of special situations relating in particular to their 
natural areas or on grounds of public health, safety or protection of the environment. 

Chapter II 

Specific measures 

A) Strategies, concepts, projects 

Article 7 

General transport policy strategy 

1. 

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

(a) 

ensures coordination between different carriers, modes and types of transport 
and encourages intermodality; 

(b)  optimises the use of existing transport systems and infrastructures in the Alps, 
including through the use of electronic data transmission, and charges external 
and infrastructure costs to polluters in line with the damage caused; 

(c) 

encourages, by means of structural and regional planning measures, the transfer 
of the carriage of passengers and goods to more environmentally-friendly 
means of transport and to intermodal transport systems; 

(d) 

recognises and utilises the opportunities for reducing traffic volume. 

2. 

The Contracting Parties undertake to adopt the necessary measures so as to ensure as 
far as possible: 

(a) 

the protection of communication routes against natural hazards; 

(b) 

(c) 

in areas particularly damaged by transport, the protection of persons and of the 
environment; 

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

(d)  greater transport safety. 

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Article 8 

Evaluation and intergovernmental consultation procedure 

1. 

2. 

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

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

3. 

The Contracting Parties shall encourage the increased consideration of transport 
policy in the environmental management of undertakings in their countries. 

B) Technical measures 

Article 9 

Public transport 

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

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Article 10 

Rail transport and shipping 

1. 

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

(a) 

(b) 

(c) 

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

the further optimisation and modernisation of railway undertakings, in 
particular for cross-border transport; 

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

(d) 

intermodal transport systems and the further development of rail transport; 

(e) 

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

2. 

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

Article 11 

Road transport 

1. 

2. 

The Contracting Parties shall refrain from constructing any new, large-capacity roads 
for transalpine transport. 

Large-capacity road projects for intra-Alpine transport may be carried out only if: 

(a) 

(b) 

the objectives set out in Article 2(2)(j) of the Alpine Convention can be 
attained by means of appropriate precautionary and compensatory measures as 
determined by the environmental impact assessment; 

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

(c) 

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

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3. 

1. 

2. 

1. 

2. 

(d) 

regional planning and/or programmes and sustainable development are taken 
into consideration. 

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

Article 12 

Air transport 

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

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

Article 13 

Tourist facilities 

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

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

Article 14 

Real costs 

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

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(a) 

(b) 

(c) 

1. 

2. 

1. 

2. 

3. 

encourage the use of the most environmentally-friendly modes and means of 
transport; 

achieve a more balanced use of transport infrastructure; 

provide incentives to make more use of opportunities for the reduction of 
environmental and socio-economic costs by means of structural and regional 
planning measures which have an impact on transport. 

C) Monitoring and control 

Article 15 

Supply and use of transport infrastructure 

The Contracting Parties undertake to record and periodically update in a reference 
document the state, development, and use of or improvement in large-capacity 
transport infrastructure and transport systems and the reduction in environmental 
damage. They shall use a uniform presentation for this purpose. 

On the basis of the above reference document, the Contracting Parties shall consider 
the extent to which implementing measures have contributed to the achievement and 
further development of the objectives of the Alpine Convention and, in particular, 
this Protocol. 

Article 16 

Environmental quality objectives, standards and indicators 

The Contracting Parties shall lay down and implement environmental quality 
objectives for the establishment of sustainable transport. 

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

The application of these standards and indicators is intended to measure damage to 
the environment and health caused by transport. 

Chapter III 

Coordination, research, training and information 

Article 17 

Coordination and information 

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

(a) 

evaluate the impact of measures taken under this Protocol; 

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(b) 

(c) 

(d) 

1. 

2. 

3. 

4. 

5. 

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

encourage exchanges of information on the implementation of this Protocol, giving 
priority to the use of existing information systems; 

reach agreement prior to any major transport-policy decisions, in particular in order 
to incorporate them in a harmonised cross-border regional planning policy. 

Article 18 

Research and observation 

The Contracting Parties shall cooperate closely in encouraging and harmonising 
research on and systematic observation of the interaction between transport and the 
environment in the Alps and specific technological developments which will increase 
the economic efficiency of environmentally-friendly transport systems. 

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

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

The Contracting Parties shall support pilot projects for the implementation of 
sustainable transport concepts and technologies. 

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

Article 19 

Training and provision of information to the public 

The  Contracting  Parties  shall  encourage  basic  and  further  training  and  the  provision  of 
information to the public on the objectives, measures and implementation of this Protocol. 

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Chapter IV 

Monitoring and evaluation 

Article 20 

Implementation 

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

Article 21 

Monitoring of compliance with Protocol 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 arising from 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 compliance by the Contracting 
Parties with the obligations arising from this 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 22 

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 initiate 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. 

1. 

2. 

3. 

4. 

1. 

2. 

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Chapter V 

Final provisions 

Article 23 

1. 

2. 

3. 

1. 

2. 

3. 

Links between the Alpine Convention and the Protocol 

This Protocol constitutes a Protocol to the Alpine Convention within the meaning of 
Article 2 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 24 

Signature and ratification 

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

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 instruments of ratification, acceptance or 
approval. 

For Parties which later express their agreement to be bound by the Protocol, the 
Protocol shall enter into force three months after the date of deposit of the instrument 
of ratification, acceptance or approval. After the entry into force of an amendment to 
the Protocol, any new Contracting Party to the said Protocol shall become a 
Contracting Party to the Protocol, as amended. 

Article 25 

Notification 

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

(a) 

(b) 

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any signature; 

the deposit of any instrument of ratification, acceptance or approval; 

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(c) 

(d) 

(e) 

any date of entry into force; 

any declaration made by a Contracting Party or signatory; 

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 Lucerne this thirty-first day of October two thousand, in the French, German, Italian 
and Slovene languages, the four texts being equally authentic, in a single original which shall 
be deposited in the Austrian State Archives. The depositary shall send a certified copy to each 
of the signatory States. 

For the Federal Republic of Germany, 

For the French Republic, 

For the Italian Republic, 

For the Principality of Liechtenstein, 

For the Principality of Monaco, 

For the Republic of Austria, 

For the Swiss Confederation, 

For the Republic of Slovenia, 

For the European Community 

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