Key Benefits:
The President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs,
Having regard to Articles 52 to 55 of the Constitution;
Given the Law No. 2005-492 of 19 May 2005 authorising the approval of Protocols for the implementation of the Alpine Convention of 7 November 1991 in the field of the protection of the nature and the maintenance of landscapes, spatial planning and development Sustainable, mountain forests, energy, tourism, soil protection and transport;
Given the amended Decree No. 53-192 of 14 March 1953 on the ratification and publication of international commitments entered into by the France,
Describes:
Protocol to the 1991 Alpine Convention in the field of transport (Protocol) Transport "), signed in Lucerne on 31 October 2000, will be published in the Official Journal of the French Republic.
The Prime Minister and The Minister for Foreign Affairs shall be responsible for the execution of this Decree, which shall be published in the Official Journal of the French Republic.
APPLICATION PROTOCOL
OF THE 1991 ALPINE CONVENTION IN
OF TRANSPORT (PROTOCOL " TRANSPORT ")
Preamble
The Republic Federal 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,
The European Community, hereinafter referred to as Contracting Parties;
In accordance with their mission, arising from the Convention on the Protection of the Alps (Alpine Convention) of 7 November 1991, to ensure a comprehensive policy of protection and Sustainable development of the Alpine region;
In accordance with their obligations under Article 2, paragraphs 2 and 3 and the Alpine Convention;
Conscious that the ecosystems and landscapes of the Alpine region are particularly Concerned that its geographical conditions and topography may increase pollution and noise pollution and that it contains natural resources or a unique cultural heritage;
Conscious that, without appropriate measures, the Due to increased market integration, socio-economic development and leisure activities;
Convinced that the local population should be able to To determine its own project for social, cultural and economic development and to participate in its implementation within the existing institutional framework;
Conscious that trafficking has a significant impact on the environment and the nuisance that it Creates increasing risks from the point of view of ecology, health and safety and that it is up to adopt a common approach;
Conscious that, during the transport of hazardous materials, enhanced security measures Are necessary;
Conscious of the need to put in place an observation, research, information and consultation as complete as possible to establish the correlations between traffic, the environment, health and the Economic development and to contribute to the reduction of nuisance;
Conscious of the fact that, in the Alpine region, a transport policy based on the principles of sustainability is in the interest of the Alpine populations, but also Extra-alpine and that it is also necessary for the preservation of alpine spaces both as habitat and as an economic and natural space;
Conscious that neither the current capacity of transport infrastructure nor the The potential for interoperability and the most environmentally friendly modes of transport (railway, fluvio-maritime transport and rail transport) are not being used sufficiently and that they should be optimised by strengthening the Networks inside and outside the Alps;
Conscious that the decisions taken on spatial planning and economic policy within and outside the Alps have a major impact on the development of traffic Alpine;
Desiring to make a decisive contribution to sustainable development and the improvement of the quality of life through the control of the volume of traffic, more environmentally friendly transport management and the increase in The effectiveness of existing transportation systems;
Convinced that economic interests, social needs and environmental requirements need to be harmonized;
In accordance with 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 solved within a cross-border framework and require common measures by States Alpins,
have agreed as follows:
Chapter I
General
Article 1
Objectives
1. The Contracting Parties undertake to pursue a sustainable transport policy which:
(a) reduces pollution and risks in the intra-Alpine and transalpine transport sector, so that they are bearable for men, Fauna and flora and their environment and habitats, in particular by means of a transfer to the railway of a growing part of the traffic, in particular the traffic in goods, in particular through the creation of the appropriate infrastructure and Market-based incentives;
b) Contributes to the sustainable development of habitats and economic spaces that constitute the living environment of populations living in the Alpine region through the implementation of a policy Transport which includes all modes of transport and which is harmonised between the different Contracting Parties;
(c) Helps to reduce and, where possible, avoids the possible effects of endangers the role and the Alpine biodiversity-the importance of which goes beyond the limits of the Alpine regions-and the conservation of its natural and cultural heritage;
d) Intra-alpine and transalpine traffic at economically sustainable costs, by An increase in the efficiency of transport systems and the promotion of the most environmentally friendly and economically efficient modes of transport;
e) Ensure a level playing field between Transport modes.
2. The Contracting Parties undertake to develop the transport sector by defending the principles of precaution, prevention and the polluter pays.
Article 2
Definitions
Protocol, you mean:
" Transalpine traffic " : traffic consisting of routes having their point of departure and arrival outside the Alpine area;
" Intra-Alpine traffic " : traffic consisting of routes with their starting point and/or Arrival within the alpine space;
" Nuisances and tolerable risks " : nuisances and risks to be defined during the environmental impact assessment and risk analysis procedure. The objective of this definition is to control and, if necessary, to reduce, through appropriate measures, the nuisance and risks associated with new works and existing infrastructure having a considerable impact on the territory ;
" External costs " : costs which are not borne by the user of a good or service: they include the use of the infrastructure when it is free, damage, pollution, noise, health costs associated with Use of transportation and accidents;
" New large-scale works, transformations or enlargements of existing transport infrastructure " : infrastructure projects to be submitted, In accordance with the national law applicable to impact studies or in accordance with international conventions in force, to an environmental impact assessment;
" Broadband roads " : motorways with two or more roads, free of Crossing, or any road having an impact similar to that of a highway;
" Environmental Quality Objectives " : targets-targets providing a description of the level of environmental quality to be achieved, while taking into account the Ecosystem interactions; and They shall define quality, updatable criteria relating to the protection of natural and cultural heritage, from a material, geographical and temporal point of
. Environmental Quality Standards " : concrete standards for achieving Environmental quality objectives; they determine the objectives for certain parameters, measurement processes or framework conditions;
" Environmental Quality Indicators " Indicators to measure or Assess the current state of environmental damage and forecast their evolution;
" Precautionary principle " : the principle that measures to avoid, control or reduce serious impacts should not be delayed Or irreversible for health and the environment, arguing that scientific research has not yet rigorously proved the existence of a causal relationship between the substances concerned, on the one hand, and their potential harmfulness for Health and the environment, on the other;
" Polluter Pays Principle " : including the management of induced effects: the principle under which the costs of prevention, control, reduction of pollution and Environmental protection in an acceptable state is the responsibility of polluters. The latter must, as far as possible, bear the full cost of transport effects on health and the environment;
" Opportunity Study " : review, in accordance with national legislation, during the planning of new Large-scale works or major transformations or enlargements of existing transport infrastructure, which relates to the appropriateness of projects, both in terms of transport policy and economic impacts, Ecological and socio-cultural.
Article 3
Sustainable Transportation and Mobility
1. In order for transport to develop in a sustainable way, the Contracting Parties undertake, through a concerted policy on transport and the environment, to contain the nuisance and risks associated with traffic, taking into account
a) The importance of the environment so that:
aa) The use of natural resources is reduced to a level that, to the extent possible, does not exceed their natural regeneration capacity;
ab) Harmful emissions Be reduced to a level that does not adversely affect the absorptive capacity of the affected communities;
ac) The deposition of materials into the environment is limited so as to avoid damage to ecological structures and natural cycles;
(b) Population requirements to:
ba) Enable accessibility to people, jobs, goods and services while preserving the environment, saving energy and space and meeting basic needs Population;
(bb) Do not endanger the health of people and reduce the risk of environmental disasters and the number and severity of accidents;
(c) The importance of economic criteria in order to :
ca) increase the profitability of the tranport sector and internalize external costs;
cb) Optimize the use of existing infrastructure;
cc) Build jobs in the performing companies of the different companies Economic sectors;
d) The need for enhanced noise measures due to the unique topography of the Alps.
2. In accordance with national and international legislation in the field of transport, the Contracting Parties undertake to develop national, regional and local strategies, objectives and measures:
a) Who Take account of the different environmental, economic and socio-cultural data as well as the different needs;
b) Who can reduce the harmful effects on the environment linked to traffic through the introduction of economic tools Combined with spatial planning and traffic flow management measures.
Article 4
Accounting for
objectives in other policies
1. The Contracting Parties undertake to also consider the objectives of this Protocol in their other policies.
2. The Contracting Parties undertake to anticipate and evaluate the other policies, strategies and concepts implemented outside the field of transport, with regard to the consequences thereof in this field.
Article 5
Territorial Community Participation
1. The Contracting Parties shall encourage international cooperation between the competent institutions in order to find the best cross-border solutions and agree on harmonized solutions.
2. Each Contracting Party shall define in its institutional framework the best level of coordination and cooperation between the institutions and the territorial authorities directly concerned, in order to promote solidarity in the Responsibility, in particular to exploit and develop synergies in the application of transport policies and in the implementation of the resulting measures.
3. The local authorities directly concerned are involved in the various stages of preparation and implementation of these policies and measures in accordance with their competences, within the existing institutional framework.
Article 6
Strengthened national regulations
To protect the ecological sensitivity of the Alpine region and without prejudice to existing international conventions, the Parties Contracting Parties may take enhanced protection measures, due to special situations relating to natural areas or for reasons of public health, safety or environmental protection.
Chapter II
Specific measures
A. -Policies, concepts, projects
Article 7
General policy
transport policy
1. In the interests of sustainability, the Contracting Parties undertake to promote the rational and safe management of transport, in particular in the harmonised border networks, which:
(a) Ensures the proper coordination of the different modes and Transport and intermodality;
(b) Optimise the operation of existing transport systems and infrastructures in the Alpine region, inter alia through the use of telematics, by making the best possible use of external costs and Infrastructure costs to users, as a function of the nuisance generated;
(c) Promotes, through structural and spatial planning measures, a transfer of the transport of persons and goods to the means of transport more Respecting the environment and to intermodal transport systems;
d) The ability to reduce traffic volume.
2. The Contracting Parties undertake to take the necessary measures to ensure the best possible:
(a) Protection of routes of communication against natural hazards;
(b) In areas particularly affected by Transport, protection of people and the environment;
(c) The gradual reduction of harmful substances and noise emissions from all modes of transport, using the best available technologies ;
d) Better transport security.
Article 8
Assessment procedure
and intergovernmental consultation
1. When constructing, modifying or significantly expanding transport infrastructures, the Contracting Parties undertake to carry out opportunity studies, environmental impact assessments and risk analyses, and Take into account their results in accordance with the objectives of this Protocol.
2. The transport infrastructure of the Alps must be coordinated and coordinated. In the case of projects having a significant cross-border impact, the Contracting Parties undertake to carry out, at the latest after submission of the studies, mutual consultations with the Contracting Parties concerned. These provisions shall not prejudice the right of each Contracting Party to carry out transport infrastructures which have been adopted in accordance with their domestic legal order at the time of adoption of this Protocol or Required by law.
3. The Contracting Parties shall encourage the enhanced consideration of transport policy in the environmental management of enterprises.
B. -Technical measures
Article 9
Public transport
In order to maintain and improve in a sustainable way the economic organisation and the structure of the habitat and the attractiveness and tourism of the Alpine area, the Contracting Parties undertake to encourage the creation of And the development of user-friendly and environmentally friendly public transport systems.
Article 10
Rail and fluvio-maritime transport
1. In order to exploit the particular capacity of the railway to meet the needs of long-distance transport, and to make better use of the rail network for the tourist and economic development of the Alps, the Contracting Parties shall promote, Within the framework of their competences:
a) Improvement of the railway infrastructure by the construction and development of the major transalpine rail axes, including the connecting channels and the installation of adapted terminals ;
(b) The optimisation of the operation of railway undertakings and their modernisation, in particular in the field of cross-border traffic;
(c) The adoption of measures for the transfer of long-range transport to rail Freight and more equitable charging for the use of transport infrastructure;
d) Intermodal transport systems and the development of rail transport;
e) Enhanced use of rail and creation User-friendly synergies between long-distance passenger transport, regional transport and local transport.
2. In order to reduce the share of the transit of goods by land, the Contracting Parties shall promote the efforts undertaken to achieve greater use of the capacity of inland navigation and maritime navigation.
Item 11
Road Transport
1. The Contracting Parties shall refrain from constructing new high-speed roads for transalpine traffic.
2. High-speed road projects for intra-alpine traffic may be carried out if:
(a) The objectives set out in Article 2 (2) (j) of the Alpine Convention can be achieved through appropriate precautionary measures and Compensation which will result from the results provided by an environmental impact assessment;
(b) Transport needs cannot be met by better use of existing road and rail capacity, Neither by the extension or construction of railway or river-sea infrastructure, nor by the improvement of combined transport, nor by other measures relating to the organisation of transport;
c) The results of the study The opportunity has shown that the project is economically viable, that the risks are under control and that the outcome of the environmental impact assessment is positive;
d) Planning and/or programmes for spatial planning and development Is taken into account.
3. However, due to the geographical structure and the particular organisation of the Alpine area, which cannot always be served by the only means of public transport, Contracting Parties support, in these remote areas, the Creation and maintenance of sufficient transportation infrastructure, enabling efficient individual transportation.
Article 12
Air Transport
1. The Contracting Parties undertake to reduce as much as possible, without postponing them to other regions, the environmental nuisance caused by air traffic, including noise caused by aircraft. Taking into account the objectives of this Protocol, they shall endeavour to limit or prohibit, where appropriate, the removal from aircraft outside aerodromes. With a view to the protection of wildlife, Contracting Parties shall take appropriate, local and temporary measures to limit non-motorised leisure activities.
2. The Contracting Parties undertake to improve the public transport systems to link the airports bordering the Alps and the different Alpine regions, in order to be able to meet the demand for transport without Increase environmental nuisance. In this context, the Contracting Parties limit, as far as possible, the construction of airports and the significant expansion of existing airports in the Alpine area.
Article 13
Installations for the Tourism
1. The Contracting Parties undertake to evaluate, taking into account the objectives of this Protocol, the effects on the traffic of new tourist facilities and, if necessary, to take preventive or compensatory measures to achieve the Objectives of this protocol and other protocols. Priority will be given in this case to public transport.
2. The Contracting Parties shall support the creation and maintenance of low-traffic areas and traffic-free zones, the exclusion of cars in certain tourist places and measures to promote the transport of tourists without any Cars.
Article 14
Actual costs
Wishing to influence the modal split of traffic by taking better account of the actual costs of different modes of transport, the Parties The Contracting Parties agree to apply the 'polluter pays' principle and to support the establishment of a calculation system for determining infrastructure costs and external costs. The objective is to progressively introduce traffic-specific charging systems which allow for fair coverage of these real costs and:
a) Who will encourage the use of the most respectful modes and means of transport Of the environment;
b) Who will lead to a more balanced use of transport infrastructure;
c) Who will encourage a reduction in ecological and socio-economic costs through structural and development measures Territory that has a transport impact.
C. -Monitoring and Control
Item 15
Transport Infrastructure Offer and Use
1. The Contracting Parties undertake to include in a reference document and periodically update the status of the reduction of nuisance and the state of progress and development of the transport infrastructure and the various High speed transport systems, as well as the state of their use or, as the case may be, their improvement. They will use a homogenous presentation for this purpose.
2. On the basis of this reference document, the Contracting Parties will examine the extent to which the provisions of this Protocol and the related strategies, concepts and implementation measures have contributed to the achievement of the objectives of the The Alpine Convention and, in particular, the Protocol.
Article 16
Environmental Quality
, Criteria and Indicators
1. Contracting Parties shall determine and implement environmental quality objectives for the establishment of sustainable means of transport.
2. They agree on the need for criteria and indicators adapted to the specific conditions of the Alpine
. The application of these criteria and indicators is intended to measure the changing environmental and health effects of traffic.
Chapter III
Coordination, research, training and information
Article 17
Coordination and Information
The Contracting Parties agree, if necessary, to arrange meetings, in order to:
(a) Assess the impact of the measures taken under this Protocol;
(b) De se Prior to the taking of important decisions which may have a significant impact on the other Contracting States;
(c) To encourage the exchange of information concerning the implementation of this Protocol in Using existing information systems as a matter of priority;
(d) To consult on important transport decisions, in particular to include them in a harmonised cross-border spatial planning policy.
Article 18
Search and observation
1. The Contracting Parties shall encourage and harmonise, in close cooperation, research and systematic observation on the correlation between transport and the environment in the Alpine region and on specific technological developments Increasing the economic efficiency of environmentally friendly transportation systems.
2. The results of the joint research and observation will be duly taken into account in the review of the implementation of the Protocol, in particular with a view to the development of methods and criteria for describing sustainable development of the Traffic.
3. Contracting Parties shall ensure that the various results of research and systematic observation, obtained at the national level, are integrated into a common system of permanent observation and information and that they are rendered Accessible to the public within the existing institutional framework.
4. Contracting Parties support pilot projects for the implementation of sustainable transport concepts and technologies.
5. Contracting Parties support research aimed at improving the methodology of intermodal strategic impact studies in the Alps.
Article 19
Training and information
The Parties Contracting Parties shall promote initial and continuing education and public information on the objectives, measures and implementation of this Protocol.
Chapter IV
Control and Evaluation
Article 20
Implementation
The Contracting Parties undertake to ensure the implementation of this Protocol by taking all appropriate measures within the existing institutional framework.
Article 21
Compliance Monitoring
1. Contracting Parties shall report regularly to the Standing Committee on measures taken under this Protocol. The reports also address the issue of the effectiveness of the measures taken. The Alpine Conference determines the periodicity of the reports.
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 request additional information from the Contracting Parties concerned or use other sources of information.
3. The Standing Committee shall draw up a report on compliance by the Contracting Parties with the obligations under this Protocol, to the attention of the Alpine Conference.
4. The Alpine Conference takes note of this report. If it notices a breach of obligations, it can adopt recommendations.
Article 22
Assessment of effectiveness of provisions
1. The Contracting Parties shall, on a regular basis, review and evaluate the effectiveness of the provisions of this Protocol. To the extent necessary for the achievement of objectives, they shall consider adopting the appropriate amendments to this Protocol.
2. Within the existing institutional framework, local and regional authorities will be involved in this evaluation. Non-governmental organizations active in this area can be consulted.
Chapter V
Final Provisions
Article 23
Links between the Alpine Convention
and the Protocol
1. This Protocol constitutes a Protocol to the Alpine Convention within the meaning of Article 2 and other relevant articles of the
. No Party may become party to this Protocol if it is not a Contracting Party to the Alpine Convention. Any denunciation of the Alpine Convention shall also terminate this Protocol.
3. When the Alpine Conference deliberates on matters relating to this Protocol, only Contracting Parties to this Protocol may take part in the vote.
Article 24
Signature and ratification
1. This Protocol shall be open for signature by the signatory States of the Alpine Convention and of the European Community on 31 October 2000 and in the Republic of Austria, depositary, from 6 November
. This Protocol shall enter into force for Contracting Parties which have expressed their consent 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.
3. For those Parties which subsequently express their consent 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 Protocol shall become a Contracting Party to the Protocol as amended.
Article 25
Notifications
The Depositary notification to any State referred to in the preamble and to the European Community, in respect of this Protocol:
(a) Any signature;
(b) The deposit of any instrument of ratification, acceptance or approval;
(c) All Date of entry into force;
(d) Any declaration made by a Contracting Party or a signatory;
(e) Any denunciation notified by a Contracting Party, including its effective date.
In witness whereof, the undersigned, duly authorized thereto Signed this Protocol.
Done at Lucerne, on 31 October 2000, in German, French, Italian and Slovenian, the four texts being equally authentic, in a single copy which will be deposited in the State archives of the Republic Of Austria. The depositary shall communicate a certified copy to all the signatory parties.
STATEMENT BY THE GOVERNMENT
OF THE FRENCH REPUBLIC
" France states:
I.-With regard to Article 2 of this Protocol:
-that "high speed roads refer to the terms" motorway and " express road as defined in Appendix I of the Convention on Environmental Impact Assessment in a Context Signed in Espoo on 25 February 1991.
II. -Regarding Article 11 of this Protocol:
A. -That the provisions of this article concerning " high speed roads shall not apply to the following road infrastructure projects:
(a) those who, for reasons of public utility, have less than 15 % and less than 6 kilometres from Their length in the Alpine region as defined in Article 1 (1) of the Convention on the Protection of the Alps (Alpine Convention) of 7 November 1991;
(b) those whose implementation is justified by the requirements laid down in the Article 7.2 of this Protocol, in particular the routes of circumvention or conurbation;
(c) those whose principle was acquired on 31 October 2000, the day of signature of this Protocol by virtue of their reference to the master plan National road approved by Decree No. 92-379 of April 1, 1992, which is intended to connect the following cities and/or motorways:
-Grenoble and Sisteron;
-the A8 near Saint-Maximin-la-Sainte-Baume and the A51 near Cadarache ;
-the A41 near Villy-le-Pelloux and the A40 near Saint-Julien-en-Genevois;
-the A51 and Digne-les-Bains;
-Anemasse and Thonon;
-the A48 and the A49 near Voiron;
B.-That the conditions set out in c du Paragraph 2 of this Article must be assessed globally in the light of the criteria set out in Article 14 of Law No. 82-1153 of 30 December 1982 as amended d' orientation des transports inland, paragraphs 1 and 2. "
Done at Paris, January 31, 2006.
Jacques Chirac
By the President of the Republic:
The Prime Minister,
Dominique de Villepin
The Minister for Foreign Affairs,
Philippe Douste-Blazy
