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A brief look at the Implementation Protocols of the Alpine Convention

 

Spatial planning and sustainable development

Regional plans and programmes for sustainable development must be drafted. In the context of regional economic development, such plans are to be aimed developing job opportunities as well as supplying the goods and services required by economic , social and cultural growth. In rural areas, plans and programmes are aimed at supplying suitable land for farming, forestry and animal husbandry, as well as the conservation and management of areas which play an important environmental and cultural role, as well as reducing the risk of natural calamities. In urban areas a balanced approach will be pursued, managing green areas in built up zones, and suburban areas considering free time and tourism, in limiting holiday homes and preserving traditional urban features.

Nature and countryside conservation areas should also be established, as well as protecting waterways and other vital resources. As for transport, better regional and inter-regional links will be adopted favouring environmentally compatible means of transport, strengthening coordination and links between different transport systems, and promoting traffic limitations improving public transport supply for local residents and tourists and limiting traffic.
This Protocol also addresses issues of the financial and economic compatibility of projects.

 

Conservation of nature and the countryside

In depth reports are required: the actual state of protection and conservation of nature and the countryside shall be described and updated. Programmes and/or plans will be established with a view to identify the needs and measures required to conserve nature and the countryside in the Alpine region.

Measures aimed at promoting conservation and the development of natural and semi-natural habitats of wild plant and animal species as well as other structural features of nature will be developed consistently with local planning and on the basis of reports.
When actions affecting nature and the countryside are taken, all damage that can be avoided will. In the event of unavoidable damage, nature and countryside protection measures will be taken to offset and counterbalance. Environmental impact and damage to nature and the countryside must be reduced to a minimum. Main land uses in the area will be limited as far as possible and all measures aimed at conserving or, if need be, re-introducing natural or quasi-natural structural features of the landscape, biotypes, ecosystems and traditional rural systems will be adopted.
 

In view of their role, existing conservation or protected areas will be maintained, managed and, where need be,, extended. Where possible, new conservation area, such as national parks, will be established. Conservation areas may be connected forming national and trans-national networks.
Local animal and plant species must be conserved, respecting their diversity and guaranteeing a sufficient population as well as ensuring adequate habitats. Comprehensive Alpine Region lists of species requiring special protection, as they are threatened by specific situations must be compiled. Furthermore, the re-introduction and increase in the population of local animal and plant species must also be considered.



Mountain Farming (Text of the Protocol, pdf)

Mountain farming will be promoted which means assessing mountain areas in their country context, as part of land use planning, of zoning, of the reorganization and improvement of land use, respecting nature and the countryside. Farming compatible with the environment and suited to the location are considered of the utmost importance: conservation or the regeneration of the traditional features of the rural environment – such as woodland, woody boundaries, hedges, thickets; wet, dry, or low yield pasture, upland pastures- and their farming. Special measures for the conservation of traditional farms and rural architecture are also included as well as further use of traditional building materials and methods.

The use and increase of extensive farming best suited to the nature and features of the area will be favoured as well as protecting and appreciating the local farming produce, typical of the area. .
Animal farming, including domestic animal husbandry will be maintained as best suited to the are, and will be limited to the available land and environmentally compatible land. Necessary agriculture, farming and forestry facilities and premises should be maintained. Technical research and assistance must include the necessary measures to maintain bio (genetic) diversity of plant and animal life in farming.
 

Favourable marketing conditions for mountain farming produce should be encouraged both to boost sales on the spot and to enhance their competitive value on local and international markets, adopting quality guarantees and COD- DOC labelling.
Mountain forestry farming as an additional income. On the whole, the life and work in mountain farming should be improved.

 

Mountain forests

This protocol establishes the foundations for forestry planning. As well as their protection and their economic, social and environmental roles. Action is required to guarantee a planned and carefully implemented access, safeguarding both nature and the countryside. Contracting Parties to the 'Mountain Forests' Protocol undertake to establish a sufficient number of sufficiently large natural forest reservations or conservation areas. Contracting Parties also undertake to create the instruments needed to fund incentives and compensation schemes.

 


Soil Protection (Text of the Protocol, pdf)

The Protocol also includes soil protection as part of the conservation area, when soil requires it. In principle, the Protocol limited use of the soil and land, as well as a limited use of ore and mining or quarrying in the areas. Humid or wet areas and the turfy areas must be protected. At risk areas must be identified, especially the Alpine areas at risk of erosion.

Contracting Parties will farm the land, raise animals and work the forests according to the most suited methods for the area. Fertilisers and plant treatments should be applied following agreed shared criteria and good technical practices. Forestry should also bear soil conservation issues and the negative effects of tourist activities on Alpine area considered. In areas already used for tourist purposes surface sizes will be frozen.
Pollutants will be limited, and environmentally compatible antiskid substances employed. Pollutants in contaminated soils, be they in use or no longer in use, will also be dealt with.
 

 

Tourism (Text of the Protocol, pdf)

The drafting and implementation of guidelines, development programmes and specific plans are to be aimed at a planned supply.

The protection of nature and countryside have to be contextualised with the needs of the tourist industry and incentives. The Contracting Parties undertake to encourage compatible projects respecting nature and the landscape 'as far as possible'. The Protocol also makes provisions for ongoing comprehensive research into tourist industry supply, bearing environmental issues in mind. Exchange of experiences and the development of common action programmes aimed at raising standards are also included. Tourist flow plans and measures will be included considering that tourist growth may have to be suited to the special features of the environment and of the resources available in the area or the region involved.

Contracting parties undertake to define conservation areas on the basis of environmental criteria: such areas will not have any tourist facilities. As for permission to have lifts and other mechanical climbing equipment permission will be granted on condition old equipment no longer in use can be dismantled and the areas returned to nature.
Motor reduction programmes in the tourist resorts will be encouraged: improved tourist access to resorts using public transport will be promoted. As far as possible, the aim is to blend ski slopes into the landscape and changes to the land will be as limited as possible. Open-air sports activities will be carefully monitored in conservation areas. Sports making use of engines or motors will be limited, and, if need be, forbidden. Leisure air transport – thus excluding aerodromes, landing and picking up passengers, will also be limited as far as possible, and, if need be, forbidden.
As well as development plans and provisions in economically poor areas, cooperation between tourism, forestry, farming and crafts will be encouraged as well as promoting the spreading out of holidays and incentives for innovation.

 


Energy (Text of the Protocol, pdf)

The aim of this Protocol is to improve environmental compatibility with the use of energy while first of all promoting energy saving and a more rational usage. Measures will include: thermal insulation of buildings and the efficiency of heat distribution as well as optimisation of heating, ventilation and air conditioning systems, regularly monitoring and reduction of polluting heating systems, energy saving making use of high technology to use and reuse energy, calculating heating and hot water costs according to actual use, planning and proting the design f new buildings which make use of low energy consumption technologies, as well as proting and implementing local and municipal energy and conditioning plans.

Renewable energy sources should be preferred and used: hydroelectric facilities must preserve the environmental operatività of waterways and landscape integrity. Minimum output thresholds are to be defined, as are the adoption of regulations aimed at reducing the artificial variations in water levels and the defence of animal migration. Furthermore, existing hydroelectric facilities will receive support to remain competitive and the water system will be protected especially in areas where drinking water must be preserved. The buffer areas, and conservation zones as well as untouched nature and countryside will be preserved.

Fossil fuel energy production will make use of state of the art technology and in the event of fossil fuel thermal plants needing to be replaced, the option of switching to other energy sources will be considered.
The rationalisation and optimisation of existing facilities will be carried out in energy distribution and transport systems, bearing compatibility issues in mind.
Environmental regeneration and nature engineering, as well as environmental impact will be considered when assessing projects with cross-border implications, and the relevant Contracting Parties will be consulted.
 

 


Transports (Text of the Protocol, pdf)

The aim of the Protocol is to censure a rational, safe and co-ordinated development of transport in the context of an integrated network. Carriers, means and types of transport will be coordinated so as to promote inter-modal use. Use of existing transport systems and infrastructure must be optimized, external and infrastructural costs paid by those who generate them. Action in the areas and land lay-out projects will favour transferring to the most environmentally friendly means of transport (people and freight), encouraging the development of inter-modal systems and reducing the overall volume of transport. Transport routes requiring to be protected against natural hazards and risks will require adequate actions and high impact areas will protect human beings and the environment.


Environmentally compatible and user friendly means will be promoted and their use encouraged in public transport systems. Rail network systems will be improved by building and developing the main trans-Alpine lines (axes), including nodes and terminal facilities. Furthermore, management will be optimized and the network upgraded. Long distance freight transport must make use of rail networks and the costing will be harmonized throughout. Inter-modal transport will be receive incentives and transport on waterways developed.
Road transport: no major trans-Alpine roadways will be built, without exception. Major communication roadways for intra-Alpine transport will have to be carefully considered and allowed only on certain conditions.

Air traffic acoustic and environmental pollution will be reduced as far as possible. Tourist resort connections will preferably make use of public transport. Low or no traffic areas will be established and maintained, as well as pedestrianised tourist areas to favour the arrival of tourist not making use of cars.


The Protocol establishes costs will be attributed to the cause of the cost (principle of causality): taxation must be progressively introduced to promote the use of more environmentally friendly systems and means of transport.

The supply and use of transport infrastructures will be monitored as well as setting environmental aims, standards and indicators.


Protocol on the Settlement of Disputes

The additional protocol on the Settlement of disputes was approved in the course of the 6th Conference of the 6th Alpine Conference, held in Lucerne on the 30th and 31st of October 2000.

In signing the Treaty, the Signatories undertook to establish a procedure which will be followed when two or more of the parties to the Agreement disagree on the interpretation or the implementation of the Convention or of one of the implementation protocols.

This Protocol on the Settlement of Disputes is an additional protocol, added to the existing twelve: it stems from the idea from the need to complete the provisions of the Alpine Convention which was lacking in this respect, i.e.: in provisions addressing the possibility of two or more Parties to the convention disagreeing on the interpretation or the implementation of the Convention.

The system foresees an initial consultation procedure during which the Parties undertake to solve the dispute in question peacefully, and a second procedure with arbitration or court conciliation. Contracting Parties will resort to this procedure  will resort to it  when consultations have failed (art. 1 & 2).

Once the actual arbitration procedure has been has been initiated, each Party will appoint an Arbitrator and the two appointed Arbitrators will then jointly name a President of the Arbitration Court (art. 3). If more than one Party agrees on the interpretation or implementation of the Convention, they may choose to appoint just one arbitrator, leaving the other Party or Parties to appoint the other one. Were one Party or its defence not to attend procedures, this  will not hinder their being completed (art. 10).

The Arbitration Court will announce its arbitration award no later than 6 months from its being appointed 
(art. 11) .

Parties will share costs equally (art 13). The President of the Arbitration Court will inform all concerned Parties and the Chair  of the Alpine Convention of the Award (no later than six months after the appointment of the Court) . The Chair will inform all Contracting Parties and Observers of the Award according to art. 5, para 5 of the Convention (art. 14).

 

Protocol Provisions

Protocol provisions – with the exception of the protocol on dispute settlement – entail a number of obligations such as sharing the burden of research projects, systematic surveying, training and information (see Sect. 3) as well as implementing assessment and evaluation systems (see Sect. 4) as well as any specific or general obligation flowing from the Protocol itself.

Lastly (see 5)  final provisions on the validity of the Protocols, signatures and ratifications- for instance the provision stating that Protocols are implemented from the third moth following the deposit of three ratifications, with the exception of the Monaco Protocol which requires ratification by all Contracting Parties of the Convention – Austria, Switzerland, Italy, Germany, France, Slovenia, Liechtenstein.



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