Protocol on the implementation of the Alpine Convention of 1991 in the field of tourism
22. 12. 2005 EN Official Journal of the European Union L 337/43 on the implementation of the Alpine Convention of 1991 in the field of tourism PROTOCOL Tourism 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; DESIRING to harmonise economic interests and ecological requirements, and establish sustainable development; AWARE that the Alps are the living and economic environment for the local population; CONVINCED that the local population must be able to develop their own social, cultural and economic development plan, and take part in its implementation in the existing institutional framework; CONSIDERING that in our urban civilisation, there is an ever-growing need for varied tourism and leisure activities that are appropriate to today’s way of life; CONSIDERING that the Alps remain one of the most important areas for tourism and leisure in Europe due to the extensive range of leisure activities on offer, the rich variety of landscapes and the diversity of its ecosystems, and that protection of the Alpine region should go beyond national frameworks; CONSIDERING that for certain Contracting Parties, a significant proportion of their population live in the Alps, and that tourism in the Alpine region is of public interest given that it helps to maintain a permanent population; L 337/44 EN Official Journal of the European Union 22. 12. 2005 CONSIDERING that mountain tourism is facing competition in an increasingly globalised context and contributes significantly to the economic performance of the Alpine region; CONSIDERING that recent trends seem to be moving towards greater harmony between tourism and the environment; for customers, an increasing interest in attractive natural surroundings that are protected summer and winter alike, and for local decision makers, concern for making tourist destinations more environmentally-friendly; CONSIDERING that in the Alpine region, individual attention must be given to limitations to the ability of each location’s ecosystem to adapt, and each ecosystem must be appreciated for its specific features; CONSIDERING that natural and cultural heritage as well as the countryside constitute an essential part of tourism in the Alps; AWARE that the Alpine States are characterised by natural, cultural, economic and institutional differences which have caused them to develop independently, giving rise to very varied tourist facilities which, far from becoming more standardised at international level should be a source of diverse but complementary tourist activities; AWARE of the need for sustainable development in the tourist industry to be based on developing natural heritage and providing high-quality services, given that the majority of Alpine regions are dependent on tourism which also provides a livelihood for the local population; AWARE that it is appropriate to encourage holidaymakers to respect nature, to give them a greater understanding of the people living and working in tourist destinations and to create the best conditions possible for them to truly discover the diversity of nature in the Alpine region; AWARE that it is the responsibility of professional tourist organisations and regional and local authorities to put into place, within a defined framework for the Alpine region, means of improving production structures and their efficiency; DESIRING to contribute to sustainable development in the Alps by encouraging environmentally-friendly tourism, which is also an essential basis for the standard of living and economy of the local people; CONVINCED that certain problems can only be resolved in a cross-border framework and require joint measures on the part of the Alpine States, HAVE AGREED AS FOLLOWS: CHAPTER I GENERAL PROVISIONS Article 1 Objective The objective of this Protocol is to contribute to sustainable development in the Alpine region within the existing institu- tional framework, by encouraging environmentally-friendly and recommendations tourism through specific measures which take the interests of both the local population and tourists into account. Article 2 International cooperation 1. The Contracting Parties undertake to eliminate barriers to international cooperation between regional and local authorities the in the Alpine region, and to promote collaboration at appropriate territorial level in order to solve common problems. 2. The Contracting Parties shall encourage stronger interna- tional cooperation between the relevant competent bodies. They shall ensure, in particular, the development of cross-border areas by coordinating environmentally-friendly tourist and leisure activities. 3. When local and regional authorities are unable to implement measures because they are a matter of national or international competence, they must be given the opportunity to effectively represent the interests of the population. 22. 12. 2005 EN Official Journal of the European Union L 337/45 Article 3 Taking account of the objectives in other policies the The Contracting Parties undertake to take account of in objectives of this Protocol transport, agri- particular in the fields of regional planning, culture, the environment and nature, and water and energy supplies, with a view to reducing any negative or contradictory effects. in their other policies as well, forestry, protection of Article 4 Participation of regional and local authorities the best Each Contracting Party shall define, within its institutional level of coordination and cooperation authorities directly in to exploit and develop synergies when applying 1. framework, between the concerned so as to encourage solidarity of responsibility, particular tourism policies and implementing measures under them. and regional institutions 2. The regional and local authorities directly concerned shall be parties to the various stages of preparing and implementing these policies and measures, within the framework of their competence, within the existing institutional framework. CHAPTER II SPECIFIC MEASURES Article 5 Managing tourism 1. The Contracting Parties undertake to combine sustainable development with environmentally-friendly tourism. To this end, they shall support the preparation and implementation of guidelines, development programmes and sectoral plans which take the objectives of this Protocol into account and which are initiated by the competent bodies at the most appro- priate level. These measures will allow the advantages and disad- evaluated and 2. vantages of planned developments compared, in particular in terms of: to be (a) the socioeconomic consequences for the local population; (b) the consequences for soil, water, the air, natural balances and the countryside, taking into account specific ecological data, natural resources and limitations to the ability of ecosystems to adapt; (c) the consequences for public finances. Article 6 Guidelines for developing tourism 1. The Contracting Parties shall, when developing tourism, take account of issues such as the conservation of nature and the countryside. They undertake to promote, as far as possible, projects which enhance the countryside and are environmentally acceptable. 2. They shall adopt a sustainable policy to make environ- mentally-friendly tourism in the Alps more competitive, and by doing so shall make an important contribution to the socio- economic development of the Alpine region. Priority shall be given to measures promoting innovation and diversity in tourism. 3. The Contracting Parties shall ensure that in areas attracting high numbers of tourists, a balance is struck between intensive and extensive forms of tourism. 4. When requirements should be met: incentives are established, the following (a) for intensive tourism, the adaptation of existing tourist facilities and equipment to meet ecological requirements, and the development of new facilities conforming to the objectives of this Protocol; (b) for extensive tourism, the continuation or development of environmentally-friendly tourism, and the promotion of the natural and cultural heritage of tourist areas. Article 7 Research on quality 1. The Contracting Parties shall adopt a policy of permanent and systematic research on the quality of tourism across the whole of the Alpine region, taking ecological requirements into account. L 337/46 EN Official Journal of the European Union 22. 12. 2005 They shall encourage the exchange of experiences and the joint action plans, pursuing qualitative 2. implementation of improvements particularly in: existing buildings, and modernising and improving the quality of existing accommodation. (a) the development of amenities in the countryside and natural areas; Article 12 Ski lifts (b) urban development and architecture (new buildings and village restoration); The Contracting Parties undertake, within the framework 1. of national authorisation procedures for ski lifts, to implement a policy that goes beyond economic and safety needs, responding to ecological requirements and the countryside. (c) accommodation and range of tourist services; (d) diversity in tourism for the Alpine region, promoting cultural activities in the various areas concerned. Article 8 Controlling tourists flows The Contracting Parties shall encourage the control of tourist flows, particularly in protected areas, organising a way to evenly disperse and accommodate tourists in order to guarantee the sustainability of these areas. Article 9 Natural limitations to development The Contracting Parties shall ensure that tourism development is adapted to the specific environment and available resources of the area or region concerned. It is appropriate to establish prior assessment for projects likely to have a marked impact on the environment, within the existing institutional framework, which will be taken into account when decisions are made. Article 10 Quiet areas Both new authorisations 2. and concessions will be subject to disused ski lifts being dismantled and removed, and areas no longer in use being returned to nature, giving priority to plant species native to the area. to operate lifts ski Article 13 Tourist traffic and transport The Contracting Parties shall encourage measures 1. reduce dependence on motorised vehicles in tourist resorts. to 2. Furthermore, they shall promote both private and public initiatives to improve access by public transport to resorts and tourist areas, and shall encourage tourists to use these services. Article 14 Specific development techniques 1. Ski slopes 1. The Contracting Parties shall ensure that the development, maintenance and use of ski slopes blend into the natural surroundings as much as possible, taking account of natural balances and biotope sensitivity. The Contracting Parties undertake, in accordance with their laws and ecological criteria, to establish designated quiet areas where no tourist facilities will be developed. 2. Developments affecting the landscape shall be avoided as much as possible and, when natural conditions allow, developed areas should be replanted, giving priority to plant species native to the area. Article 11 Accommodation policy The Contracting Parties shall develop accommodation policies, taking account of how little space is available and giving priority to commercial accommodation, restoring and using 2. Artificial snow machines National legislation may authorise the use of artificial snow during cold seasons specific to each location, particularly to make exposed areas safer and if the location’s hydrological, climatic and ecological conditions allow. 22. 12. 2005 EN Official Journal of the European Union L 337/47 Article 15 Sporting activities 1. The Contracting Parties undertake to define a policy for controlling outdoor sporting activities, especially in protected in order to avoid causing damage to the environment. areas, This control may mean prohibiting a particular activity, if necessary. 2. The Contracting Parties undertake to limit as much as possible, and if necessary prohibit, sporting activities using motorised vehicles outside areas designated by competent bodies. Article 16 Landing by air The Contracting Parties undertake to limit as much as possible, and if necessary prohibit, landing by air outside of airfields for the purpose of sporting activities. Article 17 Developing economically weak regions and local and regional authorities recommended that the Contracting Parties examine It is solutions to promote the balanced development of economically weak regions and local and regional authorities. adapted to the appropriate territorial level Article 18 Staggering holidays The Contracting Parties shall endeavour to spread out the in terms of time 1. demand for tourist resorts more effectively, and location. To this end, 2. is appropriate to support cooperation between States on staggering holidays and experimenting with extending holiday seasons. it Article 19 Encouraging innovation is recommended that It the Contracting Parties develop incentives to encourage the implementation of the objectives of this Protocol. To this end they will examine, in particular, the implementation of an Alpine competition with a view to rewarding innovative tourist initiatives and products which respect the objectives of this Protocol. Article 20 Cooperation between tourism, agriculture, forestry and handicrafts The Contracting Parties shall support cooperation between tourism, agriculture, forestry and handicrafts. They shall parti- cularly encourage combinations of activities which generate employment in the context of sustainable development. Article 21 Further measures The Contracting Parties may take further measures to promote sustainable tourism than the measures provided for in this Protocol. CHAPTER III RESEARCH, TRAINING AND INFORMATION Article 22 Research and observation The Contracting Parties shall encourage and harmonise, in 1. close cooperation, research and systematic observation relevant to improving understanding of the relationship between tourism and the environment in the Alps, and analysing future devel- opments. The Contracting Parties shall ensure that the national 2. results of the research and systematic observation are included in a common permanent observation and information system and that they are made accessible to the public under the existing institutional framework. their own experiences relevant The Contracting Parties undertake to share information 3. to implementing the about measures and recommendations in this Protocol and to gathering valuable information in terms of qualitative tourism development. L 337/48 EN Official Journal of the European Union 22. 12. 2005 Article 23 Training and information information from the Contracting Parties concerned or have recourse to other information sources. 1. The Contracting Parties shall encourage basic and further training and the provision of information to the public about the objectives, measures and implementation of this Protocol. It is recommended that the Contracting Parties include 2. knowledge of nature and the environment in vocational training for jobs directly involving or linked to tourism. New training bringing tourism and the environment types of together could then be introduced. For example: — ‘nature activity leaders’, — ‘resort quality assurance officers’, — ‘tourism assistants for the disabled’. CHAPTER IV IMPLEMENTATION, MONITORING AND EVALUATION Article 24 Implementation The Contracting Parties undertake to ensure the implementation of this Protocol by taking any appropriate measures within the existing institutional framework. Article 25 Monitoring compliance with obligations shall The Contracting Parties 1. to the Standing Committee on measures taken under this Protocol. The reports shall also cover the effectiveness of the measures taken. The Alpine Conference shall determine the intervals at which the reports must be submitted. regularly report The Standing Committee shall draw up a report on the the Contracting Parties with the obligations the Alpine for the attention of 3. compliance of arising from the Protocol, Conference. 4. The Alpine Conference shall take note of this report. If it finds that obligations have not been met, it may adopt recom- mendations. Article 26 Evaluation of the effectiveness of the provisions The Contracting Parties 1. regularly examine and evaluate the effectiveness of the provisions of this Protocol. They shall consider the adoption of appropriate amendments to this Protocol where necessary in order to achieve objectives. shall 2. The regional and local authorities shall be associated with this evaluation within the existing institutional framework. Non- governmental organisations field may be consulted. in this active CHAPTER V FINAL PROVISIONS Article 27 Links between the Alpine Convention and the Protocol This Protocol 1. to the Alpine Convention within the meaning of Article 2 thereof and any other relevant articles of the Convention. constitutes a Protocol Only Contracting Parties to the Alpine Convention may 2. become a party to this Protocol. Any denunciation of the Alpine Convention also implies denunciation of this Protocol. 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 3. Where the Alpine Conference discusses matters relating to this Protocol, only the Contracting Parties to this Protocol may take part in the vote. 22. 12. 2005 EN Official Journal of the European Union L 337/49 Article 28 (a) any signature; Signature and ratification 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 in the Republic of Austria, as the depositary, from 16 November 1998. This Protocol shall enter into force for the Contracting 2. Parties which have expressed their agreement to be bound by the said Protocol three months after the date on which three States have deposited their instrument of ratification, acceptance or approval. 3. For Parties which express their agreement to be bound by the Protocol at a later date, the Protocol shall enter into force three months after the date of deposit of the instrument of ratification, acceptance or approval. After the entry into force of an amendment to the Protocol, any new Contracting Party to the said Protocol shall become a Contracting Party to the Protocol, as amended. Article 29 Notification The depositary shall, State Community of: referred to in the in respect of this Protocol, notify each European Preamble and the (b) the deposit of any instrument of ratification, acceptance or approval; (c) any date of entry into force; (d) any declaration made by a Contracting Party or signatory; (e) any denunciation notified by a Contracting Party, including the date on which it becomes effective. In witness whereof, thereto, has signed this Protocol. the undersigned, being duly authorised Done at Bled, on 16 October 1998 in German, French, Italian and Slovene, the four texts being equally authentic, the original text being deposited in the Austrian State archives. The depositary shall send a certified copy to each of the signatory States