The MULTILATERALS PROJECT, The Fletcher School, Tufts University 31ILM767 AUSTRIA-EUROPEAN ECONOMIC COMMUNITY-FRANCE-GERMANY-ITALY-LIECHTENSTEIN-SWITZERLAND-YUGOSLAVIA: CONVENTION ON THE PROTECTION OF THE ALPS (ALPINE CONVENTION) Salzburg, November 7, 1991 The Federal Republic of Germany The French Republic The Republic of Italy The Socialist Federal Republic of Yugoslavia The Principality of Liechtenstein The Republic of Austria The Swiss Confederation as well as The European Economic Community Aware that the Alps constitute one of the greatest integrated natural areas in Europe; an economic, cultural, and recreational space and environment at the heart of Europe where numerous peoples and lands joint together; a region distinguished by a nature, culture, and history that are both specific and varied, Recognizing that the Alps are an environment and economic space for the population living there, and at the same time that they take on a particular importance for extra-alpine regions, notably, as support for essential communication routes, Recognizing that the Alps are an indispensable habitat and refuge for numerous endangered plants and animals, Aware of the great disparity in legal orders and natural and social settings; of differences in agriculture and forestry, level of economic development, traffic density, and intensity of tourist enterprise, Considering that the alpine area and its ecology are increasingly threatened by a growing human exploitation, and that reversing harm, where it is possible, can be accomplished only through intense effort, high costs, and, generally, only over the long term, Convinced that harmonizing economic interests and ecological exigencies is in order, in keeping with the results of the first Alpine Conference of Ministers of the Environment held at Berchtesgaden 9-11 October, 1989, have agreed to the following: Article 1 Field of Application 1. The object of the present convention is the Alpine region as described and depicted in the annex. 2. Any contracting Party may, at the time of deposit of its instrument of ratification, acceptance or approval, or subsequently, extend the application of the present Convention to other parts of its territory by a declaration addressed to the Republic of Austria as depository, if such an extension is considered necessary for carrying out the provisions of the present Convention. 3. Any declaration made under paragraph 2, regarding any designated territory, may be revoked by notification addressed to the depository. The withdrawal takes effect on the first day of the month which follows the expiration of a period of six months after the date of reception of the notification by the depository. Article 2 General Obligations 1. The contracting Parties, respecting the principles of prevention, cooperation, and the-polluter-pays, shall maintain a comprehensive policy of protection and preservation of the Alps, taking into account in an equitable way the interests of all Alpine States and their Alpine regions, as well as those of the European Economic Community in using resources wisely and exploiting them in a sustainable way. Transfrontier cooperation in the interest of the Alps shall be intensified and broadened, both geographically and thematically. 2. The contracting Parties shall take appropriate measures to attain the objective aimed at in paragraph 1, and in particular, in the following domains: a) population and culture -- with a view toward insuring the respect, preservation and promotion of the social and cultural identity of the population living in the region, and the guarantee of its fundamental resources, notably, the habitat and an economic development respecting the environment, this as well as the encouragement of mutual understanding and cooperative relations between the populations of the Alps and those of extra-Alpine regions, b) regional management -- with a view toward assuring an economic and rational utilization of the land and a healthy and harmonious development of the territory, based on a thorough identification and evaluation of the utilization needs of the Alpine area and a prospective and integrated planning with harmonization of the standards involved; this while taking natural hazards particularly into account, preventing over-concentration and over-density, and seeing to the preservation and restoration of natural environments, c) air quality -- with a view toward obtaining a drastic reduction of polluting emissions and their harms in the Alpine region, including transboundary pollution affecting the region, in such a way as to arrive at a rate that is not harmful to humans, flora or fauna, d) soil preservation -- with a view toward reducing quantitative and qualitative harms to the soil, and in particular, through using a prudent agriculture and forestry management that prevents erosion and limits the hardening of soils, e) regulating waters -- with a view toward conserving or re-establishing the natural quantity, and in particular, preserving the quality of waters in hydrosystems, while insuring that waterworks are constructed respecting nature, and that waterpower is exploited taking into account the interests of both the local population and the environment, f) protection of nature and preservation of scenery -- with a view toward assuring the protection, management, and if necessary, the restoration of nature and the countryside in such a way as to guarantee the lasting functioning of ecosystems, the preservation of flora and fauna and their habitats, the regenerative power and long-term production of the natural patrimony, as well as the diversity, originality and beauty of nature and the landscape generally, g) mountain agriculture -- with a view toward assuring in the general interest the conservation, management and promotion of the traditional rural countryside and an agriculture adapted to its site and compatible with the environment; this while taking into consideration the economic limits of the Alpine region, h) mountain forestry -- with a view toward preserving, strengthening and re-establishing forestry activities, and particularly, protection, through management that respects nature, increases the resilience of natural ecosystems, and avoids harmful use of the forest; this while taking into account the economic limits of the Alpine region, i) leisure and tourism -- with a view toward assuring the harmonization of leisure and tourist activities with social and ecological exigencies by limiting leisure and tourist activities that harm the environment, and in particular, through designating zones not subject to development, j) transportation -- with a view toward reducing the hazards and harms caused by inter-Alpine and trans-Alpine transport to a level tolerable for humans, flora and fauna, as well as their habitats and environment, notably, through a transfer of an increasing amount of traffic, particularly of goods, to rail -- this through the creation of appropriate infrastructures and incentive measures conforming to market conditions and without discrimination by reason of nationality, k) energy -- with a view toward subjecting the production, distribution, and utilization of energy to a respect for nature, the countryside and the environment, as well as encouraging energy economy, l) waste -- with a view toward providing a system of collection, re-cycling and treatment of wastes adapted to the specific topographic, geologic, and climatic needs of the Alpine region, while at the same time aiming at the reduction in volume of wastes produced. 3. The contracting Parties shall agree to protocols establishing the means of application of the present Convention. Article 3 Research and Systematic Observation With reference to the interests mentioned in Article 2, the contracting Parties agree to: a) undertake cooperative efforts in research and scientific study, b) establish shared or mutually complementary programs aimed at systematic monitoring, c) harmonize research, observation and the gathering of relevant data. Article 4 Collaboration in Legal, Scientific, Economic, and Technical Domains 1. The contracting Parties shall facilitate and encourage the exchange of legal, scientific, economic and technical data necessary for the present Convention. 2. The contracting Parties shall mutually exchange information in order to take into account as much as possible the transfrontier and regional needs and the projected juridical or economic measures that may have effects in all or part of the Alpine region. 3. The contracting Parties shall collaborate with governmental and non-governmental international organizations to the extent that such cooperation contributes to the efficacious application of the present Convention. 4. The contracting Parties shall establish an appropriate program of public information on the results of research and observations as well as on measures taken. 5. The obligations of the present Convention regarding publication of information shall be applied with respect for national laws regarding confidentiality. Information designated confidential shall be treated as such. Article 5 Conference of the Contracting Parties (the Alpine Conference) 1. The conference of the contracting Parties (the Alpine Conference) shall hold regular meetings to examine questions of common interest and means of cooperation among the parties. The first meeting of the Alpine Conference shall be called no more than one year after the entry into force of the present Convention by a contracting Party to be designated by common agreement. 2. Thereafter regular sessions of the Alpine Conference will be held, as a general rule, every other year under the aegis of the Party assuming the chairmanship. The chairmanship and site of the conference will change after each regular session of the Alpine Conference, as determined by the Conference. 3. The contracting Party who is chairman of a meeting of the Conference shall prepare the agenda. Any contracting Party may have a point which it wishes discussed put on the agenda. 4. The contracting Parties shall transmit information to the Alpine Conference on measures taken by them to apply the present Convention and on the protocols to which they are contracting Parties -- this with due regard to national laws regarding confidentiality. 5. The United Nations, its special agencies, the Council of Europe, as well as any European State may be represented at meetings of the Alpine Conference by observers. This provision applies equally to transfrontier associations of territorial collectives in the Alpine region. In addition, the Alpine Conference may admit observers from non-governmental organizations active in this domain. 6. Extraordinary meetings of the Alpine Conference take place as decided by the Conference, or between regular sessions when a third of the contracting Parties request it of the Party charged with chairmanship. Article 6 Powers of the Alpine Conference During its sessions the Alpine Conference examines the application of the Convention and its protocols as well as its annexes; in particular, it exercises the following powers: a) adoption of amendments to the present Convention according to the procedure set down in article 10; b) adoption of protocols and their annexes and amendments according to the procedure set down in article 11; c) adoption of its internal rules; d) adoption of necessary fiscal measures; e) formation of working groups judged necessary for the application of the present Convention; f) reception of scientific data and conclusions; g) adoption or recommendation of measures aiming at the realization of the objectives set down in articles 3 and 4; the Conference will establish the formal content and frequency of transmission of the information to be presented according to article 5, paragraph 4, and receive those reports as well as those of working groups; h) supervision of necessary secretariat functions. Article 7 Resolutions of the Alpine Conference 1. Absent a contrary arrangement, the Alpine Conference decides by consensus. Nevertheless, if in the case of the tasks mentioned at c, f, and g of article 6, the possibilities of reaching a consensus have been exhausted and the chairman so declares, resolutions will be adopted by a three-quarter majority of the contracting Parties present and voting. 2. Each contracting Party has one vote in the Alpine Conference. In those matters relevant to its competence the European Economic Community shall have votes equal in number to the number of its members who are contracting Parties to the present Convention; the European Economic Community shall not exercise its right to vote in cases where its member States exercise theirs. Article 8 Permanent Committee 1. A Permanent Committee, composed of delegations of the contracting Parties, shall be established as executive organ. 2. Signatory Parties not yet ratifying shall have the status of observer at sessions of the Permanent Committee. On request, this status may be granted as well to any non-signatory Alpine state. 3. The Committee shall adopt its own working rules. 4. The Permanent Committee shall determine the manner of possible participation at its sessions by representatives of governmental and non-governmental organizations. 5. The contracting Party undertaking the chairmanship of the Alpine Conference shall preside at the Permanent Committee. 6. In particular, the Permanent Committee shall have the following powers and responsibilities: a) analysis of the information transmitted by the contracting Parties under article 5, paragraph 4, reporting this to the Alpine Conference, b) collection and evaluation of documents concerning the application of the present Convention together with protocols and annexes, submission of these documents to the Alpine Conference in accordance with article 6, c) informing the Alpine Conference of the application of its decisions, d) preparation of the subject-matter of sessions of the Alpine Conference, their agenda points, and other measures concerning the application of the present Convention and its protocols, e) formation of working groups, established in accordance with article 6(e), for the preparation of protocols; coordination of the activities of these groups, f) examination and harmonization of the content of draft protocols from a comprehensive perspective, submission of them to the Alpine Conference, g) proposal of measures and recommendations for the realization of the objectives of the Alpine Conference as contained in the present Convention and its protocols. 7. The Permanent Committee shall adopt its decisions and resolutions according to the provisions of article 7. Article 9 Secretariat The Alpine Conference may decide by consensus on the establishment of a permanent Secretariat. Article 10 Amendments to the Convention Any contracting Party may submit proposals for amendments of the present Convention to the Party undertaking the chairmanship of the Alpine Conference. Such proposals shall be transmitted to the contracting and signatory Parties by the Party undertaking chairmanship at least six months before the opening of the Alpine Conference which will deliberate on it. Amendments to the Convention shall enter into force in accordance with paragraphs 2, 3, and 4 of article 12. Article 11 Protocols and their Amendments 1. The draft protocols mentioned at article 2, paragraph 3, shall be transmitted to the contracting and signatory Parties by the Party undertaking chairmanship at least six months before the opening of the session of the Alpine Conference where it will be deliberated. 2. The protocols adopted by the Alpine Conference shall be signed at a sitting of the Conference or at any time thereafter at the depository. They enter in force for the contracting Parties upon ratification, acceptance, or approval. At least three ratifications, acceptances, or approvals are necessary for a protocol to enter into force. The deposit of the instruments concerned shall be made with the Republic of Austria as depository. 3. Absent contrary provision in a protocol, its entry into force and denunciation are governed by articles 10, 13, and 14. 4. Paragraphs 1 to 3 apply equally to amendments of protocols. Article 12 Signature and Ratification 1. The present Convention shall be open for signature with the Republic of Austria, depository, on or after 7 November 1991. 2. The Convention is subject to ratification, acceptance or approval. Instruments of ratification, acceptance, or approval shall be deposited with the depository. 3. The Convention shall enter into force three months after the date on which three States have expressed their consent to be bound by the present agreement in accordance with the provisions of paragraph 2. 4. It enters in force regarding any signatory Party subsequently expressing its consent to be bound three months after the date of deposit of the instrument of ratification, acceptance, or approval in accordance with the provisions of paragraph 2. Article 13 Denunciation 1. Any contracting Party may denounce the present Convention at any time by notifying the depository. 2. The denunciation will take effect on the first day of the month following the expiration of a period of six months from the date of receipt of the notification by the depository. Article 14 Notifications The depository shall notify the contracting and signatory Parties of: (a) any signature, (b) the deposit of any instrument of ratification, acceptance, or approval, (c) every date of entry in force of the present Convention in accordance with article 12, (d) any declaration made under paragraph 2 or 3 of article 1, (e) any declaration made under the provisions of article 13, as well as the date on which the denunciation takes effect. In witness whereof the undersigned, duly authorized to that effect, have signed the present Convention. Done at Salzburg, 7 November 1991, in French, German, Italian, and Slovene, the four texts equally valid, in a single document to be deposited in the state archives of the Republic of Austria. The depository shall transmit a certified copy to each of the signatory Parties.