Explanatory Memorandum to COM(2008)895 - Conclusion of behalf of the EC, of the Protocol on the Implementation of the Alpine Convention in the field of Transport (Transport Protocol)

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1. BACKGROUND

Many environmental problems have a transboundary nature and can be addressed effectively only through international cooperation. For this reason, the EC Treaty establishes that one of the key objectives of European Community (EC) policy on the environment is to promote measures at international level to deal with regional environmental problems.

One of the objectives of the Community’s transport policy is the promotion of measures at international level to deal with regional and European problems hindering sustainable mobility in transport and resulting in risks to the environment. In fact, transport policy measures have a decisive impact on economic growth, the social well-being of populations and on the environment.

The Convention on the Protection of the Alps, the Alpine Convention, was signed by the European Community at Salzburg on 7th November 1991, and by Council Decision 96/191/EC of 26th February 1996 i the Community ratified the Convention, which finally entered into force on 4th April 1998. The other Contracting Parties are Austria, France, Germany, Italy, Liechtenstein, Monaco, Slovenia and Switzerland.

Pursuant to Article 2 i and  i of the Alpine Convention, concrete measures to achieve these goals are laid down in different Protocols. By ratifying the Alpine Convention, the EC has committed itself to fulfil the obligations of this Convention. The Transport Protocol was adopted on 24-26 May 2000 on the occasion of the 16th meeting of the Standing Committee of the Alpine Convention.

2. THE COMMUNITY AND THE TRANSPORT PROTOCOL

The Transport Protocol provides a framework, based on the precautionary principle, the preventive principle and the polluter-pays principle, for ensuring sustainable mobility and protection of the environment, for all modes of transport, in the Alpine region in the light of article 2 of the Alpine Convention. As the Alpine region is an ecologically highly sensitive area the EC must pay more attention to that region and must address its problems by an appropriate approach.

The objectives of the Transport Protocol are, in general terms: to reduce the volume of and dangers posed by intra-Alpine and trans-Alpine traffic, in particular by transferring more traffic, especially freight traffic, to the railways, especially by providing appropriate infrastructure and incentives complying with market principles; to ensure intra-Alpine and trans-Alpine traffic at economically bearable costs by increasing the effectiveness of the transport systems and promoting the modes of transport which are most environmentally-friendly and most economic in terms of natural resources; and to ensure fair competition between the modes of transport.

The provisions of the Transport Protocol are in line with the Community's Common Transport Policy and fully support the Commission's 'Greening Transport' approach recently adopted i.

The Protocol has been signed by all member countries of the Alpine Convention; the Community has decided on the signature of the Transport Protocol on 12 October 2006 i. Austria, Germany, France, Slovenia and Liechtenstein have ratified the Protocol and it has entered into force for them. Italy, Monaco and Switzerland are currently making efforts to ratify the Transport Protocol. In the exceptional circumstances of this case and given the length of time which has passed since signature the European Community should now also rapidly ratify the Protocol.

The Commission considers that by ratifying the Protocol on the Implementation of the Alpine Convention in the field of Transport, the European Community will not only honour its obligations under international law but would also give an important political signal to all parties that ratification of the Protocol should be a priority.

Community competence is preponderant. Focusing on transport issues the legal basis for the Transport Protocol is Article 71 EC.

3. CONCLUSION

The Alpine Convention and in particular the Transport Protocol are instruments which help the European Community to achieve its objective of a sustainable transport policy in a large, highly sensitive cross-border zone. The European Community is committed to the objectives of the Convention and its Protocols. The signature of the Transport Protocols was a clear sign of this commitment. Ratification of the Protocol by the European Community would underline its efforts to promote sustainable development in this important mountain region.