CELEX: 22005A1222(01)
Language: en
Date: 1998-10-16 00:00:00
Title: Protocol on the implementation of the Alpine Convention of 1991 in the field of soil conservation

22.12.2005         EN                             Official Journal of the European Union                                             L 337/29
                                                                TRANSLATION
                                                                PROTOCOL
                on the implementation of the Alpine Convention of 1991 in the field of soil conservation
                                                        Soil Conservation 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;
           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;
           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;
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                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                                         3. its functions as
                       GENERAL OBLIGATIONS
                                  Article 1                                            (a) a location for agricultural use including pasture farming
                                                                                            and forestry,
                                Objectives
1.     This Protocol serves to implement the obligations in the                        (b) a space for human settlement and tourism activities,
field of soil conservation entered into by the Contracting Parties
to the Alpine Convention.
                                                                                       (c) a location for other commercial usages, for transport,
                                                                                            supply and distribution, and water and waste disposal,
2.     The Alpine soil shall be preserved in a sustainable manner
to allow it to perform:
                                                                                       (d) a source of raw materials.
1. its natural functions as
                                                                                   In particular, the ecological functions of soil, which are essential
    (a) a livelihood resource and a living environment for                         elements of the ecological balance, shall be safeguarded and
        humans, animals, plants and micro-organisms,                               preserved both qualitatively and quantitatively on a long-term
                                                                                   basis. The restoration of impaired soils shall be promoted.
    (b) a characteristic element of nature and the landscape,
                                                                                   3.     The measures to be taken are aimed specifically at soil
                                                                                   utilisation which suits its location, at the economical use of
    (c) an integral part of the ecological balance, especially with                land resources, at the avoidance of erosion and detrimental
        regard to its water and nutrient cycles,                                   changes to the soil structure, and at minimising the input of
                                                                                   substances harmful to the soil.
    (d) a conversion and compensating medium to offset inputs
        of substances, especially due to its filtering, buffering and              4.     The diversity of soils, which is typical of the Alpine
        storage qualities, in particular for the protection of                     region, and its characteristic locations shall be preserved and
        groundwater,                                                               promoted in particular.
    (e) a genetic reservoir,                                                       5.     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
2. its function as an archive of natural history and the history                   their availability to future generations with a view to sustainable
    of civilisation, as well as                                                    development, is of particular significance.
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                              Article 2                                    with regard to the drawing up of soil registers, soil monitoring,
                                                                           the designation and monitoring of protected and impaired areas
                     Fundamental obligations                               and danger zones, the provision and harmonisation of
                                                                           databases, the coordination of Alpine-specific soil conservation
1.     The Contracting Parties undertake to initiate the requisite         research, and mutual reporting.
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.
                                                                           2.     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
2.     If there is a risk of serious and sustained damage to the
                                                                           the most suitable level.
functionality of soils, protection shall, as a matter of principle,
be given priority over utilisation.
                                                                           3.     If the definition of measures relating to soil conservation
                                                                           falls within the sphere of national or international competence,
3.     The Contracting Parties shall explore the possibilities of
                                                                           the territorial authorities shall be given possibilities to efficiently
supporting, through fiscal and/or financial measures, the actions
                                                                           represent the interests of the population.
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 utili-
sation of soils shall be specially supported.
                                                                                                        CHAPTER II
                              Article 3                                                            SPECIFIC MEASURES
      Taking account of the objectives in other policies                                                  Article 6
The Contracting Parties undertake to take account of the                                    Designation of protected areas
objectives of this Protocol in their other policies as well. In            The Contracting Parties shall see to it that soils worthy of
the Alpine region, this applies specifically to regional                   protection are included in the designation of protected areas.
planning, settlement and transport, energy management, agri-               Specifically, soil and rock formations which have particularly
culture and forestry, raw material extraction, trade and industry,         characteristic features or a particular significance for the docu-
tourism, nature conservation and landscape upkeep, water and               mentation of earth’s history, shall be preserved.
waste management, and clean air.
                                                                                                          Article 7
                              Article 4
                                                                                         Economical and prudent use of soils
         Participation of regional and local authorities
                                                                           1.     In drawing up and implementing plans and/or
1.     Each Contracting Party shall define, within its existing
                                                                           programmes according to Article 9(3) of the Protocol on
institutional framework, the best level of coordination and
                                                                           Spatial Planning and Sustainable Development, matters
cooperation between the institutions and regional and local
                                                                           regarding soil conservation, especially the economical use of
authorities directly concerned so as to encourage shared respon-
                                                                           soil and land, shall be taken into consideration.
sibility, in particular to exploit and develop synergies when
implementing soil conservation policies and the resulting
measures in the Alpine region.
                                                                           2.     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
2.     The regional and local authorities directly concerned shall
                                                                           seek to keep the development of human settlements within
be involved in the various stages of preparing and implementing
                                                                           existing boundaries and to limit settlement growth outside
these policies and measures, within their sphere of competence
                                                                           these boundaries.
and within the existing institutional framework.
                              Article 5                                    3.     When assessing the spatial and environmental compa-
                                                                           tibility of large-scale projects in the fields of trade and
                    International cooperation                              industry, construction and infrastructure, especially in the
                                                                           transport, energy and tourism sectors, soil conservation and
1.     The Contracting Parties shall encourage stronger interna-           the scarcity of space in the Alpine region shall be taken into
tional cooperation among the competent institutions, especially            account within the framework of the national procedures.
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4.     Where natural conditions allow it, disused or impaired                2.      The Contracting Parties shall make sure that engineering
soils, especially landfills, slag heaps, infrastructures or ski runs,        techniques are used in endangered areas which are as
shall be restored to their original state or shall be recultivated.          compatible with nature as possible, and that local and tradi-
                                                                             tional building materials which suit the local countryside are
                                                                             used. These measures shall be supported by appropriate silvi-
                                                                             cultural measures.
                                Article 8
          Economical use and prudent extraction of
                         mineral resources                                                                 Article 11
1.     The Contracting Parties shall see to it that mineral                  Designation and management of Alpine areas threatened
resources are used economically. They shall work towards                                                  by erosion
ensuring that preference is given to the utilisation of substitute
materials and that recycling options are fully used or their                 1.      The Contracting Parties undertake to map Alpine areas
development is encouraged.                                                   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.
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
                                                                             2.      Soil erosion shall be limited to the inevitable minimum.
important for the protection of soil functions and in areas
                                                                             Areas damaged by erosion and land movement shall be reha-
specifically designated as drinking water resources, the
                                                                             bilitated in as far as this is necessary for the protection of
extraction of mineral resources shall be foregone.
                                                                             human beings and material goods.
                                Article 9                                    3.      To protect human beings and material goods, measures to
                                                                             control water erosion as well as measures to reduce surface run-
        Conservation of soils in wetlands and moors
                                                                             off shall preferably comprise hydraulic, engineering and silvi-
1.     The Contracting Parties undertake to preserve high moors              cultural techniques with minimal environmental impact.
and lowland moors. To achieve this objective, the use of peat
shall be discontinued completely in the medium term.
                                                                                                           Article 12
                                                                                         Agriculture, pasture farming and forestry
2.     Drainage schemes in wetlands and moors shall be limited
to the upkeep of existing networks unless there are sound                    1.      To ensure protection against erosion and harmful soil
reasons for exceptions. Remedial measures shall be promoted                  compaction, the Contracting Parties undertake to use sound
to minimise the environmental impact of existing drainage                    practices in agriculture, pasture farming and forestry which
systems.                                                                     are adapted to suit local conditions.
3.     On principle, moor soils shall not be utilised or, when               2.      As regards the input of substances through the use of
used for agricultural purposes, shall be managed so that their               fertilisers, herbicides and pesticides, the Contracting Parties
characteristic features remain intact.                                       shall strive to elaborate and implement shared standards for
                                                                             sound expert practices. The type, quantity and time of fertili-
                                                                             sation 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
                               Article 10                                    they are cultivated. This is achieved by using ecological/bio-
                                                                             logical and integrated methods of cultivation, as well as by
     Designation and management of endangered areas                          matching livestock to natural local growth conditions.
1.     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             3.      In Alpine pasture areas, the usage of mineral fertilisers and
areas and to designate danger zones when necessary. If                       synthetic herbicides and pesticides in particular shall be
applicable, seismic risks shall also be considered.                          minimised. The use of sewage sludges shall be foregone.
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                               Article 13                                  2.     To avoid soil contamination when using dangerous
                                                                           substances, the Contracting parties shall issue technical regu-
                Silvicultural and other measures                           lations, provide for checks, carry out research programmes
                                                                           and engage in educational work.
1.     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                                       Article 16
protective function of these forests and to gear their silvicultural
management towards preserving this function. Such mountain                 Environmentally compatible utilisation of gritting materials
forests shall be preserved in their original locations.
                                                                           The Contracting Parties undertake to minimise the use of
                                                                           gritting salt and, wherever possible, to use slippage-preventing
2.     Specifically, forests shall be used and maintained in such a        and less contaminating materials such as gravel and sand.
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 17
                                                                                    Contaminated soils, environmental liabilities,
                                                                                             waste management concepts
                               Article 14
                                                                           1.     The Contracting Parties undertake         to survey and
                Effects of tourism infrastructures                         document their environmental liabilities          and suspicious
                                                                           landfills (environmental liabilities register),   to analyse the
1.     The Contracting Parties shall use their influence in the            condition of those areas and to assess their      hazard potential
most appropriate manner to ensure that:                                    using comparable methods.
— detrimental effects of tourism activities on Alpine soils are
    avoided,                                                               2.     To avoid soil contamination and to ensure the environ-
                                                                           mentally compatible pretreatment, treatment and disposal of
                                                                           waste and residual materials, waste management concepts
— soils impaired by intensive tourism are stabilised, especially           shall be drawn up and implemented.
    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,                                                                             Article 18
                                                                                                   Further measures
— permits for the construction and levelling of ski runs in                The Contracting Parties may take measures regarding soil
    forests with a protective function are granted only in excep-          conservation which go beyond the measures provided for in
    tional cases and with the proviso that compensatory action             this Protocol.
    is taken, and that such permits are not granted for fragile
    areas.
2.     Chemical and biological additives for the grooming of ski                                      CHAPTER III
runs are permissible only if proof of their ecological harm-
lessness has been furnished.                                                         RESEARCH, EDUCATION AND INFORMATION
                                                                                                       Article 19
3.     Where significant damage to soils and vegetation is found                               Research and monitoring
to exist, the Contracting Parties shall take the necessary remedial
action at the earliest possible point in time.                             1.     The Contracting Parties shall cooperate closely to promote
                                                                           and harmonise research projects and systematic monitoring
                                                                           programmes which are conducive to achieving the objectives
                               Article 15                                  of this Protocol.
             Limiting inputs of harmful substances
1.     The Contracting Parties shall do everything in their power          2.     The Contracting Parties shall ensure that the national
to minimise, through preventive action, inputs of harmful                  results of the research and systematic observation are integrated
substances into the soils through water, air, waste and other              in a joint permanent observation and information system and
substances harmful to the environment. Preference shall be                 that they are made accessible to the public under the existing
given to measures limiting emissions at their sources.                     institutional framework.
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3.     The Contracting Parties agree to coordinate their Alpine-                                        CHAPTER IV
specific research projects on soil conservation while taking into
account other national and international research developments,                  IMPLEMENTATION, MONITORING AND EVALUATION
and to envisage joint research activities.
                                                                                                         Article 23
                                                                                                      Implementation
4.     Special attention shall be given to evaluations of soil sensi-       The Contracting Parties undertake to ensure the implementation
tivity regarding diverse human activities, to assessments of the            of this Protocol by taking any appropriate measures within the
regenerative capacity of soils, and to the examination of the               existing institutional framework.
most suitable pertinent technologies.
                              Article 20                                                                 Article 24
            Establishment of harmonised databases                                    Monitoring of compliance with obligations
1.     The Contracting Parties agree to create comparable                   1.    The Contracting Parties shall regularly report to the
databases (soil parameters, sampling, analysis, evaluation)                 Standing Committee on measures taken under this Protocol.
within the framework of the Alpine monitoring and infor-                    The reports shall also cover the effectiveness of the measures
mation system, and to establish possibilities for data exchange.            taken. The Alpine Conference shall determine the intervals at
                                                                            which the reports must be submitted.
2.     The Contracting Parties shall reach agreement about soil-
endangering substances which require priority treatment, and
they shall strive for comparable evaluation parameters.                     2.    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
3.     The Contracting Parties shall strive to establish represen-          recourse to other information sources.
tative 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.
                                                                            3.    The Standing Committee shall draw up a report on the
                                                                            compliance of the Contracting Parties with the obligations
                              Article 21                                    arising from the Protocol, for the attention of the Alpine
Establishment of permanent monitoring areas and coordi-                     Conference.
              nation of environmental monitoring
1.     The Contracting Parties undertake to establish permanent
monitoring areas in the Alpine region and to integrate them in
an Alpine-wide soil monitoring network.                                     4.    The Alpine Conference shall take note of this report. If it
                                                                            finds that obligations have not been met, it may adopt recom-
                                                                            mendations.
2.     The Contracting Parties agree to coordinate their national
soil monitoring programmes with the environmental moni-
toring programmes for air, water, flora and fauna.
                                                                                                         Article 25
                                                                                  Evaluation of the effectiveness of the provisions
3.     Within the framework of their monitoring programmes,
                                                                            1.    The Contracting Parties shall regularly examine and
the Contracting Parties shall establish soil sample databases
                                                                            evaluate the effectiveness of the provisions of this Protocol.
according to comparable parameters.
                                                                            They shall consider the adoption of appropriate amendments
                                                                            to this Protocol where necessary in order to achieve objectives.
                              Article 22
                   Education and information
                                                                            2.    The regional and local authorities shall be associated with
The Contracting Parties shall promote the education and further             this evaluation within the existing institutional framework. Non-
training as well as the information of the public regarding the             governmental organisations active in this field may be
objectives, measures and implementation of this Protocol.                   consulted.
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                            CHAPTER V                                     ratification, acceptance or approval. After the entry into force
                                                                          of an amendment to the Protocol, any new Contracting Party to
                       FINAL PROVISIONS                                   the said Protocol shall become a Contracting Party to the
                                                                          Protocol, as amended.
                             Article 26
  Links between the Alpine Convention and the Protocol                                                Article 28
1.    This Protocol constitutes a Protocol to the Alpine                                            Notifications
Convention within the meaning of Article 2 thereof and any
other relevant articles of the Convention.                                The depositary shall, in respect of this Protocol, notify each
                                                                          State referred to in the Preamble and the European
2.    Only Contracting Parties to the Alpine Convention may               Community of
become a party to this Protocol. Any denunciation of the
Alpine Convention also implies denunciation of this Protocol.             (a) any signature,
3.    Where the Alpine Conference discusses matters relating to
this Protocol, only the Contracting Parties to this Protocol may          (b) the deposit of any instrument of ratification, acceptance or
take part in the vote.                                                         approval,
                             Article 27                                   (c) any date of entry into force,
                   Signature and ratification
                                                                          (d) any declaration made by a Contracting Party or signatory,
1.    This Protocol shall be open for signature by the Signatory
States of the Alpine Convention and the European Community
on 16 October 1998 and from 16 November 1998 in the                       (e) any denunciation notified by a Contracting Party, including
Republic of Austria as the depositary.                                         the date on which it becomes effective.
2.    This Protocol shall enter into force for the Contracting
Parties which have expressed their agreement to be bound by               In witness whereof the undersigned, being duly authorised
the said Protocol three months after the date on which three              thereto, have signed this Protocol.
States have deposited their instrument of ratification, acceptance
or approval.
                                                                          Done at Bled on 16 October 1998 in the French, German,
                                                                          Italian and Slovene languages, the four texts being equally
3.    For Parties which express their agreement to be bound by            authentic, the original text being deposited in the Austrian
the Protocol at a later date, the Protocol shall enter into force         State archives. The depositary shall send a certified copy to
three months after the date of deposit of the instrument of               each of the signatory States.