EUR-Lex - 32001H0458 - EN Avis juridique important | 32001H0458 Council Recommendation of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents Official Journal L 161 , 16/06/2001 P. 0038 - 0041 Council Recommendationof 5 June 2001on the drinking of alcohol by young people, in particular children and adolescents(2001/458/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 152(4), second subparagraph thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) In accordance with point (p) of Article 3(1) of the Treaty, the activities of the Community shall include a contribution to the attainment of a high level of health protection.(2) In accordance with Article 152 of the Treaty, a high level of human health protection shall be ensured in the definition and implementation of all Community policies and activities.(3) Health education and information are expressly mentioned in Article 152 of the Treaty, and constitute a priority for Community action in public health.(4) The Resolution on alcohol abuse, adopted by the Council and the representatives of the Governments of the Member States, meeting within the Council on 29 May 1986(2), states that the increase in alcohol abuse is causing serious concern for public health and social welfare, that the production, sale and distribution of alcoholic beverages is an important factor in the economy of most Member States, that, at European level, a joint initiative is advisable in the field of prevention of alcohol abuse, and that the Commission in weighing carefully the interests involved, shall conduct a balanced policy to this end, and, where necessary, submit proposals to the Council.(5) In the Communication from the Commission on the health strategy of the European Community and the proposal for a Decision of the European Parliament and the Council adopting a programme for action in the field of public health (2001 to 2006), alcohol is one of the areas mentioned in which particular measures and actions could be undertaken(3).(6) The present recommendation represents a first step towards the development of a more comprehensive approach across the Community (as embodied in the Council's conclusions of 5 June 2001 on a Community strategy to reduce alcohol-related harm).(7) One of the objectives of the programme of community Action on health promotion, information, education and training (European Parliament and Council Decision No 645/96/EC(4) is the promotion of examination, assessment and exchange of experience and support for actions concerning measures to prevent alcohol abuse and the health and social consequences thereof. This Programme thus offers a basis for the follow-up and monitoring of the proposed measures.(8) Within the programme of Community action on health monitoring (European Parliament and Council Decision No 1400/97/EC)(5) one of the areas in which health indicators may be established is alcohol consumption. This may be particularly helpful to support the implementation of the proposed measures.(9) Under the programme of Community action on injury prevention (European Parliament and Council Decision No 372/1999/EC)(6) account will be taken of injury associated with alcohol abuse as part of the actions undertaken, which could be useful to support the collection of data needed for the implementation of the proposed measures.(10) In the communication from the Commission "entitled Priorities in EU road safety"(7) drinking and driving is identified as one of the top priorities where concerted action could reduce the significant death toll on EU roads. The Council in its conclusions of 5 April 2001 took note of the Commission's recommendation concerning maximum permitted blood alcohol content for drivers of motorised vehicles, which specifically identifies the problem of young drivers and riders, and encouraged Member States to consider carefully all the proposed measures.(11) Directive 2000/13/EC(8) of the European Parliament and of the Council on the approximation of the laws of the Member States relating to the labelling, presentation and advertising of foodstuffs provides for the further determination of rules on the listing of the ingredients on labels of alcoholic beverages. This measure had been proposed by the Commission because, inter alia, more and more alcoholic beverages whose composition and presentation are geared to sales to young people had come onto the market in recent years. It is important that young people should be able, using the information presented on the products, to know what they are drinking. Moreover, common legislation on the labelling of alcoholic beverages is essential for the expansion and preservation of the internal market in these products.(12) According to Article 15 of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Council Directive 97/36/EC(9), television advertising for alcoholic beverages shall comply with a set of criteria, with a specific reference to the protection of minors.(13) In implementing the recommended measures, it must be kept in mind that restrictions to cross-border commercial communication services must be compatible with Article 49 of the Treaty and must therefore be proportional to the general interest objectives they pursue such as the protection of public health and consumers.(14) It has to be noted that any decision to remove offending products emanating from another Member State is subject to Decision 3052/95/EC(10) establishing a procedure for the exchange of information on national measures derogating from the principle of the free movement of goods within the Community. It must be notified and its proportionality justified to the Commission as required by that Decision.(15) Without prejudice to any national legislation or measures, producers and retailers should be urged to establish or enforce self-regulatory controls over, and to agree on standards for, all forms of promotion, marketing and retailing of alcoholic beverages, irrespective of the medium used, in the framework of codes of conduct.(16) Self-regulation of advertising for alcoholic beverages, which has the support of the relevant interested parties, such as producers, advertisers and media and which is already working in a number of Member States, often in close cooperation with governments and non-governmental organisations, can play an important role with regard to the protection of children and adolescents from alcohol related-harm. Youth organisations could also make an important contribution in this context.(17) There is statistical evidence in some Member States of changes in the drinking patterns amongst adolescents which are of particular concern, namely: an increase in binge drinking and heavy drinking among minors, a trend towards significant, unsupervised consumption of alcohol outside the family environment at an earlier stage, an increasing consumption by young girls in some Member States, and a trend to consume alcohol in combination with other drugs. The available information needs, however, to be further developed.(18) There is a clear need in the Community for improved research as to the causes, the nature and the scale of the problems, caused by the drinking of alcohol by young people, in particular children and adolescents, through, inter alia, more extensive and consistent data collection.(19) In accordance with Article 5 of the Treaty, efforts to achieve the objective of a contribution by the Community towards ensuring a high level of health protection must be undertaken in accordance with the principle of subsidiarity, and in accordance with the principle that Community action shall not go beyond what is necessary to achieve the objectives of the Treaty. The recommended measures must therefore take account of past and current measures implemented in the Member States, and be proportionate to their public health objective.(20) A continuous assessment of the measures undertaken should be carried out, with particular regard to their effectiveness and the achievements at both national and Community level,RECOMMENDS THAT:I. In formulating their strategies and taking regulatory or other action appropriate to their individual circumstances, in the framework of a common approach across the Community, with respect to young people and alcohol, and with particular regard to children and adolescents, Member States, with the support as appropriate of the Commission, should:1. promote research into all the different aspects of problems associated with alcohol consumption by young people and, in particular, children and adolescents, in order to better identify and evaluate measures to deal with these problems;2. ensure that the development, implementation and evaluation of comprehensive health promotion policies and programmes targeted at children, adolescents, their parents, teachers and carers, at local, regional, national and European level, should appropriately include the alcohol issue, with a particular emphasis on settings such as youth organisations, sporting organisations and schools, and taking into account existing experiences for instance the "health-promoting school";3. produce and disseminate to interested parties evidence-based information on the factors which motivate young people, in particular children and adolescents, to start drinking;4. foster a multisectoral approach to educating young people about alcohol, in order to help prevent the negative consequences of its consumption, involving as appropriate, the education, health and youth services, law enforcement agencies, relevant non-governmental organisations and the media;5. support measures to raise awareness of the effects of alcohol drinking, in particular on children and adolescents, and of the consequences for the individual and the society;6. increase young people's involvement in youth health-related policies and actions, making full use of the contributions which they can make, especially in the field of information, and encourage specific activities which are initiated, planned, implemented and evaluated by young people;7. encourage the production of advisory materials for parents to help them discuss alcohol issues with their children, and promote their dissemination via local networks such as schools, health care services, libraries, community centres as well as via the Internet;8. further develop specific initiatives addressed to young people on the dangers of drink-driving, with a specific reference to settings such as leisure and entertainment venues, schools and driving schools;9. take action as a matter of priority against the illegal sale of alcohol to under-age consumers and, where appropriate, require a proof of age;10. support notably the development of specific approaches on early detection and consequent interventions aimed at preventing young people becoming alcohol-dependent.II. Member States should, having regard to their different legal, regulatory, or self-regulatory environments, as appropriate:1. encourage, in cooperation with the producers and the retailers of alcoholic beverages and relevant non-governmental organisations, the establishment of effective mechanisms in the fields of promotion, marketing and retailing;(a) to ensure that producers do not produce alcoholic beverages specifically targeted at children and adolescents;(b) to ensure that alcoholic beverages are not designed or promoted to appeal to children and adolescents, and paying particular attention inter alia, to the following elements:- the use of styles (such as characters, motifs or colours) associated with youth culture,- featuring children, adolescents, or other young-looking models, in promotion campaigns,- allusions to, or images associated with, the consumption of drugs and of other harmful substances, such as tobacco,- links with violence or antisocial behaviour,- implications of social, sexual or sporting success,- encouragement of children and adolescents to drink, including low-price selling to adolescents of alcoholic drinks,- advertising during, or sponsorship of, sporting, musical or other special events which a significant number of children and adolescents attend as actors or spectators,- advertising in media targeted at children and adolescents or reaching a significant number of children and adolescents,- free distribution of alcoholic drinks to children and adolescents, as well as sale or free distribution of products which are used to promote alcoholic drinks and which may appeal in particular to children and adolescents;(c) to develop, as appropriate, specific training for servers and sales persons with regard to the protection of children and adolescents and with regard to existing licensing restrictions on the sale of alcohol to young people;(d) to allow manufacturers to get pre-launch advice, in advance of marketing a product or investing in a product, as well as on marketing campaigns before their actual launch;(e) to ensure that complaints against products which are not being promoted, marketed or retailed in accordance with the principles set out in points (a) and (b) can be effectively handled, and that, if appropriate, such products can be removed from sale and the relevant inappropriate marketing or promotional practices can be brought to an end;2. urge the representative producer and trade organisations of alcoholic beverages to commit themselves to observe the principles described above.III. The Member States, with a view to contributing to the follow-up of this recommendation at Community level, and acting as appropriate in the context of the programme of action in the field of public health, should report, on request to the Commission on the implementation of the recommended measures,INVITES THE COMMISSION IN COOPERATION WITH MEMBER STATES:1. to support the Member States in their efforts to implement these recommendations, especially by collecting and providing relevant comparable data, and by facilitating the exchange of information and best practices;2. to promote further research at Community level into the attitudes and motivations of young people, in particular children and adolescents, in regard of alcohol consumption and monitoring of ongoing developments;3. to follow-up, assess and monitor the developments and measures undertaken in the Member States and at Community level, and to ensure in this context a continuous, constructive and structured dialogue with all interested parties;4. to report on the implementation of the proposed measures, on the basis of the information provided by Member States, no later than the end of the fourth year after the date of adoption of this recommendation and then regularly thereafter, to consider the extent to which the proposed measures are working effectively, and to consider the need for revision or further action.5. to make full use of all Community policies, particularly of the programme of action in the field of public health, in order to address the matters covered in this recommendation.Done at Luxembourg, 5 June 2001.For the CouncilThe PresidentL. Engqvist(1) Opinion given on 16 May 2001.(2) OJ C 184, 23.7.1986, p. 3.(3) OJ C 337 E, 28.11.2000, p. 122.(4) OJ L 95, 16.4.1996, p. 1.(5) OJ L 193, 22.7.1997, p. 1.(6) OJ L 46, 20.2.1999, p. 1.(7) OJ L 43, 14.2.2001, p. 31.(8) OJ L 109, 6.5.2000, p. 29.(9) OJ L 202, 30.7.1997, p. 60.(10) OJ L 321, 30.12.1995, p. 1.

Summary: Drinking of alcohol by young people Drinking of alcohol by young people There is statistical evidence of changes in drinking patterns amongst adolescents which are of particular concern. In particular, there has been an increase in binge drinking and heavy drinking among minors. This recommendation aims to encourage the Member States and the players concerned to develop mechanisms designed to address the problems caused by alcohol abuse among young people. ACT Council Recommendation 2001/458/EC of 5 June 2001 on the drinking of alcohol by young people, in particular children and adolescents [Official Journal L 161 of 16.06.2001]. SUMMARY General approach The purpose of the recommendation is to sensitise all levels of society to the dangers of alcohol abuse among young people, including manufacturers and retailers of alcoholic beverages, as well as parents. It also addresses the different aspects of the problem, from irregular binge-drinking to alcohol dependency among young people. Via this recommendation, the Council encourages a common approach to this problem within the Community. Strategies of the Member States The recommendation lays down the basic criteria for the Member States' strategies to address this problem. The main point is to sensitise all players and particularly young people to the problems linked with alcohol consumption and to develop health promotion tools. This approach focuses on the different areas concerned -- schools, sport centres, youth movements, etc. According to the recommendation, the key features of these strategies should be: promote research into all the different aspects of problems associated with alcohol consumption by young people with a view to identifying and evaluating measures to deal with them; ensure that general health promotion policies targeted at all the groups concerned (children, adolescents, parents, teachers, etc.) should include the alcohol issue; foster a multisectoral approach to educating young people about alcohol involving, as appropriate, the education, health and youth services, law enforcement agencies, non-governmental organisations, the media, etc.; encourage the production of advisory materials for children, adolescents and parents; increase young people's involvement in youth health-related policies and actions; develop specific initiatives addressed to young people on the dangers of drink-driving; take action as a matter of priority against the illegal sale of alcohol to under-age consumers. Actions concerning the industry In cooperation with the producers and the retailers of alcoholic beverages and relevant non-governmental organisations, the Member States are encouraged to establish effective mechanisms in the fields of promotion, marketing and retailing: to ensure that producers do not produce alcoholic beverages specifically targeted at children and adolescents; to ensure that alcoholic beverages are not designed or promoted to appeal to children and adolescents. Particular attention should be paid to the use of styles (motifs, colours, etc.) associated with "youth culture" , the images used, the promotion of ideas associated with alcohol consumption (implications of social success, sexual or athletic prowess, featuring of children in drink promotion campaigns and sponsoring of alcoholic drinks (sponsoring of sporting or musical events, sport merchandising, etc.); to ensure the possibility of examining and recalling products which do not respect the principles mentioned above; to develop, as appropriate, specific training for servers and sales persons; allow manufacturers, promoters, etc. to get pre-launch advice; The Commission's role In cooperation with the Member Sates, the Commission is invited to: support the Member States in their efforts to implement this recommendation notably by providing relevant data and by facilitating the exchange of information and good practices; promote further research at Community level on the attitudes and motivations of young people in regard of alcohol consumption and monitoring of ongoing developments; make full use of all Community policies, particularly of the programme of action in the field of public health, in order to address the matters covered in this recommendation. CONTEXT Studies carried out in recent years in some Member States indicate disquieting changes in the drinking patterns of children and adolescents. The studies show an increase in binge drinking and heavy drinking among minors, a lowering of the age of first contact with alcohol and increasing consumption by young girls. This is a disturbing trend in view of the serious consequences of excessive alcohol consumption on the health of young people and on their social well-being. RELATED ACTS Conclusions of the Council of 2 June 2004 on alcohol and young people [PDF ][not published in the Official Journal] In these conclusions the Council reiterates those of 5 June 2001 on a Community strategy to reduce alcohol-related harm and invites the Commission to put forward proposals to this effect. Conclusions of the Council of 5 June 2001 on a Community strategy to reduce alcohol-related harm [Official Journal C 175 of 20.06.2001] In these conclusions, the Council calls for the development of a comprehensive Community strategy to reduce alcohol-related harm. Last updated: 29.08.2005


EUR-Lex - 32001H0331 - EN Avis juridique important | 32001H0331 Recommendation of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States Official Journal L 118 , 27/04/2001 P. 0041 - 0046 Recommendation of the European Parliament and of the Councilof 4 April 2001providing for minimum criteria for environmental inspections in the Member States(2001/331/EC)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 175(1) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the Economic and Social Committee(1),Having regard to the opinion of the Committee of the Regions(2),Acting in accordance with the procedure laid down in Article 251 of the Treaty(3), and in the light of the joint text approved by the Conciliation Committee on 8 January 2001,Whereas:(1) The resolution of the Council and of the Representatives of the Governments of the Member States, meeting within the Council, of 1 February 1993 on a Community programme of policy and action in relation to the environment and sustainable development(4) and the Decision of the European Parliament and the Council on its review(5) emphasised the importance of implementation of Community environmental law through the concept of shared responsibility.(2) The Commission Communication of 5 November 1996 to the Council of the European Union and the European Parliament on implementing Community environmental law, in particular paragraph 29 thereof, proposed the establishment of guidelines at Community level in order to assist Member States in carrying out inspection tasks, thereby reducing the currently-existing wide disparity among Member States' inspections.(3) The Council in its resolution of 7 October 1997 on the drafting, implementation and enforcement of Community environmental law(6) invited the Commission to propose, for further consideration by the Council, in particular on the basis of the work of the European Union network for the implementation and enforcement of environmental law (IMPEL), minimum criteria and/or guidelines for inspection tasks carried out at Member State level and the possible ways in which their application in practice could be monitored by Member States, in order to ensure an even practical application and enforcement of environmental legislation, and the Commission's proposal has taken into account a paper produced by IMPEL in November 1997 and entitled "Minimum Criteria for Inspections".(4) The European Parliament by its resolution of 14 May 1997 on the Commission's Communication called for Community legislation on environmental inspections, and the Economic and Social Committee and the Committee of the Regions gave favourable opinions on the Commission's Communication and stressed the importance of environmental inspections.(5) Different systems and practices of inspection already exist in Member States and should not be replaced by a system of inspection at Community level, as was considered in the Council resolution of 7 October 1997, and Member States should retain responsibility for environmental inspection tasks.(6) The European Environment Agency can advise the Member States on developing, setting up and extending their systems for monitoring environmental provisions and can assist the Commission and the Member States in monitoring environmental provisions by giving support in respect of the reporting process, so that reporting is coordinated.(7) The existence of inspection systems and the effective carrying out of inspections is a deterrent to environmental violations since it enables authorities to identify breaches and enforce environmental laws through sanctions or other means; thus inspections are an indispensable link in the regulatory chain and an efficient instrument to contribute to a more consistent implementation and enforcement of Community environmental legislation across the Community and to avoid distortions of competition.(8) There is currently a wide disparity in the inspection systems and mechanisms among Member States in terms not only of their capacities for carrying out inspection tasks but also of the scope and contents of the inspection tasks undertaken and even in the very existence of inspection tasks in a few Member States, and this is a situation which cannot be considered satisfactory with reference to the objective of an effective and more consistent implementation, practical application and enforcement of Community legislation on environmental protection.(9) It is necessary, therefore, to provide, at this stage, guidelines in the form of minimum criteria to be applied as a common basis for the performance of environmental inspection tasks within the Member States.(10) Community environmental legislation obliges Member States to apply requirements in relation to certain emissions, discharges and activities; minimum criteria on the organisation and carrying out of inspections should be met in the Member States, as a first stage, for all industrial installations and other enterprises and facilities whose air emissions and/or water discharges and/or waste disposal or recovery activities are subject to authorisation, permit or licensing requirements under Community law.(11) Inspections should take place taking into account the division of responsibilities in the Member States between authorisation and inspection services.(12) In order to make this system of inspections efficient, Member States should ensure that environmental inspections activities are planned in advance.(13) Site visits form an important part of environmental inspection activities.(14) The data and documentation provided by industrial operators registered under the Community eco-management and audit scheme could be a useful source of information in the context of environmental inspections.(15) In order to draw conclusions from site visits, regular reports should be established.(16) Reporting on inspection activities, and public access to information thereon, are important means to ensure through transparency the involvement of citizens, non-governmental organisations and other interested actors in the implementation of Community environmental legislation; access to such information should be in line with the provisions of Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment(7).(17) Member States should assist each other administratively in operating this recommendation. The establishment by Member States in cooperation with IMPEL of reporting and advice schemes relating to inspectorates and inspection procedures would help to promote best practice across the Community.(18) Member States should report to the Council and the Commission on their experience in operating this recommendation and the Commission should regularly inform the European Parliament.(19) The Commission should keep the operation and effectiveness of this recommendation under review and report thereon to the European Parliament and the Council as soon as possible after the receipt of the Member States' reports.(20) Further work by IMPEL and Member States, in cooperation with the Commission, should be encouraged in respect of best practices concerning the qualifications and training of environmental inspectors.(21) In accordance with the principles of subsidiarity and proportionality as set out in Article 5 of the Treaty, and given the differences in inspection systems and mechanisms in the Member States, the objectives of the proposed action can best be achieved by guidance set out at Community level.(22) In the light of the experience gained in the operation of this recommendation and taking account of IMPEL's further work, as well as of the results of any schemes provided for in this recommendation, the Commission should, upon receipt of Member States' reports, give consideration to developing the minimum criteria in terms of their scope and substance and to making further proposals which might include a proposal for a directive, if appropriate,HEREBY RECOMMEND:IPurposeEnvironmental inspection tasks should be carried out in the Member States, according to minimum criteria to be applied in the organising, carrying out, following up and publicising of the results of such tasks, thereby strengthening compliance with, and contributing to a more consistent implementation and enforcement of Community environmental law in all Member States.IIScope and definitions1. (a) This recommendation applies to environmental inspections of all industrial installations and other enterprises and facilities, whose air emissions and/or water discharges and/or waste disposal or recovery activities are subject to authorisation, permit or licensing requirements under Community law, without prejudice to specific inspection provisions in existing Community legislation.(b) For the purposes of this recommendation, all the installations and other enterprises and facilities referred to in point (a) are "controlled installations".2. For the purposes of this recommendation, "environmental inspection" is an activity which entails, as appropriate:(a) checking and promoting the compliance of controlled installations with relevant environmental requirements set out in Community legislation as transposed into national legislation or applied in the national legal order (referred to hereinafter as "EC legal requirements");(b) monitoring the impact of controlled installations on the environment to determine whether further inspection or enforcement action (including issuing, modification or revocation of any authorisation, permit or licence) is required to secure compliance with EC legal requirements;(c) the carrying out of activities for the above purposes including:- site visits,- monitoring achievement of environmental quality standards,- consideration of environmental audit reports and statements,- consideration and verification of any self monitoring carried out by or on behalf of operators of controlled installations,- assessing the activities and operations carried out at the controlled installation,- checking the premises and the relevant equipment (including the adequacy with which it is maintained) and the adequacy of the environmental management at the site,- checking the relevant records kept by the operators of controlled installations.3. Environmental inspections, including site visits, may be:(a) routine, that is, carried out as part of a planned inspections programme; or(b) non-routine, that is, carried out in such cases in response to complaints, in connection with the issuing, renewal or modification of an authorisation, permit or licence, or in the investigation of accidents, incidents and occurrences of non-compliance.4. (a) Environmental inspections may be carried out by any public authority at either national, regional or local level, which is established or designated by the Member State and responsible for the matters covered by this recommendation.(b) The bodies referred to in point (a) may, in accordance with their national legislation, delegate the tasks provided for in this recommendation to be accomplished, under their authority and supervision, to any legal person whether governed by public or private law provided such person has no personal interest in the outcome of the inspections it undertakes.(c) The bodies referred to in points (a) and (b) are defined as "inspecting authorities".5. For the purposes of this recommendation, an "operator of a controlled installation" is any natural or legal person who operates or controls the controlled installation or, where this is provided for in national legislation, to whom decisive economic power over the technical functioning of the controlled installation has been delegated.IIIOrganisation and carrying out of environmental inspections1. Member States should ensure that environmental inspections aim to achieve a high level of environmental protection and to this end should take the necessary measures to ensure that environmental inspections of controlled installations are organised and carried out in accordance with points IV to VIII of this recommendation.2. Member States should assist each other administratively in carrying out the guidelines of this recommendation by the exchange of relevant information and, where appropriate, inspecting officials.3. To prevent illegal cross-border environmental practices, Member States should encourage, in cooperation with IMPEL, the coordination of inspections with regard to installations and activities which might have significant transboundary impact.4. In order to promote best practice across the Community, Member States may, in cooperation with IMPEL, consider the establishment of a scheme, under which Member States report and offer advice on inspectorates and inspection procedures in Member States, paying due regard to the different systems and contexts in which they operate, and report to the Member States concerned on their findings.IVPlans for environmental inspections1. Member States should ensure that environmental inspection activities are planned in advance, by having at all times a plan or plans for environmental inspections providing coverage of all the territory of the Member State and of the controlled installations within it. Such a plan or plans should be available to the public according to Directive 90/313/EEC.2. Such plan or plans may be established at national, regional or local levels, but Member States should ensure that the plan or plans apply to all environmental inspections of controlled installations within their territory and that the authorities mentioned in point II(4) are designated to carry out such inspections.3. Plans for environmental inspections should be produced on the basis of the following:(a) the EC legal requirements to be complied with;(b) a register of controlled installations within the plan area;(c) a general assessment of major environmental issues within the plan area and a general appraisal of the state of compliance by the controlled installations with EC legal requirements;(d) data on and from previous inspection activities, if any.4. Plans for environmental inspections should:(a) be appropriate to the inspection tasks of the relevant authorities, and should take account of the controlled installations concerned and the risks and environmental impacts of emissions and discharges from them;(b) take into account relevant available information in relation to specific sites or types of controlled installations, such as reports by operators of controlled installations made to the authorities, self monitoring data, environmental audit information and environmental statements, in particular those produced by controlled installations registered according to the Community eco-management and audit scheme (EMAS), results of previous inspections and reports of environmental quality monitoring.5. Each plan for environmental inspections should as a minimum:(a) define the geographical area which it covers, which may be for all or part of the territory of a Member State;(b) cover a defined time period, for example one year;(c) include specific provisions for its revision;(d) identify the specific sites or types of controlled installations covered;(e) prescribe the programmes for routine environmental inspections, taking into account environmental risks; these programmes should include, where appropriate, the frequency of site visits for different types of or specified controlled installations;(f) provide for and outline the procedures for non-routine environmental inspections, in such cases in response to complaints, accidents, incidents and occurrences of non-compliance and for purposes of granting permission;(g) provide for coordination between the different inspecting authorities, where relevant.VSite visits1. Member States should ensure that the following criteria are applied in respect of all site visits:(a) that an appropriate check is made of compliance with the EC legal requirements relevant to the particular inspection;(b) that if site visits are to be carried out by more than one environmental inspecting authority, they exchange information on each others' activities and, as far as possible, coordinate site visits and other environmental inspection work;(c) that the findings of site visits are contained in reports made in accordance with point VI and exchanged, as necessary, between relevant inspection, enforcement and other authorities, whether national, regional or local;(d) that inspectors or other officials entitled to carry out site visits have a legal right of access to sites and information, for the purposes of environmental inspection.2. Member States should ensure that site visits are regularly carried out by inspecting authorities as part of their routine environmental inspections and that the following additional criteria are applied for such site visits:(a) that the full range of relevant environmental impacts is examined, in conformity with the applicable EC legal requirements, the environmental inspection programmes and the inspecting bodies' organisational arrangements;(b) that such site visits should aim to promote and reinforce operators' knowledge and understanding of relevant EC legal requirements and environmental sensitivities, and of the environmental impacts of their activities;(c) that the risks to and impact on the environment of the controlled installation are considered in order to evaluate the effectiveness of existing authorisation, permit or licensing requirements and to assess whether improvements or other changes to such requirements are necessary.3. Member States should also ensure that non-routine site visits are carried out in the following circumstances:(a) in the investigation by the relevant inspecting authorities of serious environmental complaints, and as soon as possible after such complaints are received by the authorities;(b) in the investigation of serious environmental accidents, incidents and occurrences of non-compliance, and as soon as possible after these come to the notice of the relevant inspecting authorities;(c) where appropriate, as part of the determination as to whether and on what terms to issue a first authorisation, permit or licence for a process or activity at a controlled installation or the proposed site thereof or to ensure the compliance with the requirements of authorisation, permit or licence after it has been issued and before the start of activity;(d) where appropriate, before the reissue, renewal or modification of authorisations, permits or licences.VIReports and conclusions following site visits1. Member States should ensure that after every site visit the inspecting authorities process or store, in identifiable form and in data files, the inspection data and their findings as to compliance with EC legal requirements, an evaluation thereof and a conclusion on whether any further action should follow, such as enforcement proceedings, including sanctions, the issuing of a new or revised authorisation, permit or licence or follow-up inspection activities, including further site visits. Reports should be finalised as soon as possible.2. Member States should ensure that such reports are properly recorded in writing and maintained in a readily accessible database. The full reports, and wherever this is not practicable the conclusions of such reports, should be communicated to the operator of the controlled installation in question according to Directive 90/313/EEC; these reports should be publicly available within two months of the inspection taking place.VIIInvestigations of serious accidents, incidents and occurrences of non-complianceMember States should ensure that the investigation of serious accidents, incidents and occurrences of non-compliance with EC legislation, whether these come to the attention of the authorities through a complaint or otherwise, is carried out by the relevant authority in order to:(a) clarify the causes of the event and its impact on the environment, and as appropriate, the responsibilities and possible liabilities for the event and its consequences, and to forward conclusions to the authority responsible for enforcement, if different from the inspecting authority;(b) mitigate and, where possible, remedy the environmental impacts of the event through a determination of the appropriate actions to be taken by the operator(s) and the authorities;(c) determine action to be taken to prevent further accidents, incidents and occurrences of non-compliance;(d) enable enforcement action or sanctions to proceed, if appropriate; and(e) ensure that the operator takes appropriate follow-up actions.VIIIReporting on environmental inspection activities in general1. Member States should report to the Commission on their experience of the operation of this recommendation two years after the date of its publication in the Official Journal of the European Communities, using, to the extent possible, any data available from regional and local inspecting authorities.2. Such reports should be available to the public and should include in particular the following information:(a) data about the staffing and other resources of the inspecting authorities;(b) details of the inspecting authority's role and performance in the establishment and implementation of relevant plan(s) for inspections;(c) summary details of the environmental inspections carried out, including the number of site visits made, the proportion of controlled installations inspected (by type) and estimated length of time before all controlled installations of that type have been inspected;(d) brief data on the degree of compliance by controlled installations with EC legal requirements as appears from inspections carried out;(e) a summary, including numbers, of the actions taken as a result of serious complaints, accidents, incidents and occurrences of non-compliance;(f) an evaluation of the success or failure of the plans for inspections as applicable to the inspecting body, with any recommendations for future plans.IXReview and development of the recommendation1. The Commission should review the operation and effectiveness of this recommendation, as soon as possible after receipt of the Member States' reports mentioned in point VIII above, with the intention of developing the minimum criteria further in terms of their scope in the light of the experience gained from their application, and taking into account any further contributions from interested parties, including IMPEL and the European Environment Agency. The Commission should then submit to the European Parliament and the Council a report accompanied, if appropriate, by a proposal for a directive. The European Parliament and the Council will consider such a proposal without delay.2. The Commission is invited to draw up, as quickly as possible, in cooperation with IMPEL and other interested parties, minimum criteria concerning the qualifications of environmental inspectors who are authorised to carry out inspections for or under the authority or supervision of inspecting authorities.3. Member States should, as quickly as possible, in cooperation with IMPEL, the Commission and other interested parties, develop training programmes in order to meet the demand for qualified environmental inspectors.XImplementationMember States should inform the Commission of the implementation of this recommendation together with details of environmental inspection mechanisms already existing or foreseen not later than twelve months after its publication in the Official Journal of the European Communities.Done at Luxembourg, 4 April 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Rosengren(1) OJ C 169, 16.6.1999, p. 12.(2) OJ C 374, 23.12.1999, p. 48.(3) Opinion of the European Parliament of 16 September 1999 (OJ C 54, 25.2.2000, p. 92), Council Common Position of 30 March 2000 (OJ C 137, 16.5.2000, p. 1) and Decision of the European Parliament of 6 July 2000 (not yet published in the Official Journal). Decision of the European Parliament of 1 February 2001 and Council Decision of 26 February 2001.(4) OJ C 138, 17.5.1993, p. 1.(5) OJ L 275, 10.10.1998, p. 1.(6) OJ C 321, 22.10.1997, p. 1.(7) OJ L 158, 23.6.1990, p. 56.

Summary: Environmental inspections: minimum criteria Environmental inspections: minimum criteria This recommendation sets, in a non-prescriptive way, minimum criteria for organising, performing, following-up and publishing the results of environmental inspections in all Member States with the aim of improving compliance and ensuring that EU environment legislation is applied and implemented more consistently. ACT Recommendation 2001/331/EC of the European Parliament and of the Council of 4 April 2001 providing for minimum criteria for environmental inspections in the Member States [Official Journal L 118 of 27.4.2001]. SUMMARY In their respective Resolutions of 14 May 1997 [EP 259.215/63] and 7 October 1997 [Official Journal C 321 of 22.10.1997], the European Parliament and the Council stressed the need to fix criteria and/or minimum guidelines for inspections performed in Member States and possible ways to enable Member States to supervise their implementation. This would foster greater consistency in implementing and applying environment legislation in the Member States. This recommendation aims to meet this need by putting forward minimum criteria for organising, performing, following up and publishing environmental inspections. However, they are not binding on the Member States. It covers environmental inspections of all industrial installations, companies and facilities subject to authorisation, permit or licensing requirements under current EU environmental legislation ("controlled installations"). Inspection entails the following: checking that installations comply with EU environmental requirements; monitoring the impact of installations on the environment. The following actions are planned: site visits, monitoring compliance with environmental quality standards, inspecting environmental audit reports and statements, checking premises and equipment, checking the suitability of environmental management and of the relevant records. The recommendation lays down a general obligation on Member States: to aim for a high level of environmental protection when organising and carrying out environmental inspections; to cooperate with the other Member States on an administrative level in applying the recommendation. Member States will have to plan their environmental inspection tasks and have at all times at least one environmental inspection plan covering the controlled installations on their territory. Such plans may be drawn up at local, regional or national level and must be available to the public in accordance with Directive 2003/4/EC concerning freedom of access to information on the environment. They must include: an indication of the geographical area, the period and the sites they cover, information on updating the plans, programmes for routine inspections, procedures for non-routine inspections and a plan for coordination between the different inspecting authorities. Environmental inspections will include routine on-site inspections by the authorities, which must: respect a number of minimum criteria (compliance with Community legal requirements, risk analysis based on an integrated approach which studies all the effects of the installation on the environment, enhancing the knowledge of those who run such installations as regards environmental requirements, coordination between the different inspection authorities involved); be mandatory in certain specific areas (enquiries carried out following environmental complaints, enquiries into accidents, incidents or infringement cases; checks carried out before authorising a controlled activity or before renewing authorisations); be recorded in reports which will be made available to the public in accordance with Directive 2003/4/EC. Additional requirements are set for enquiries into serious accidents, incidents and infringements of Community legislation: to clarify causes, environmental impact, responsibilities and possible liabilities; to indicate the action to be taken to mitigate, end or prevent incidents; to allow for penalties and to indicate follow-up action. Two years after the publication of the recommendation in the Official Journal, Member States will report to the Commission on how it has been applied. The results will be made available to the public. On the basis of these reports, the Commission will examine the functioning and effectiveness of the recommendation and will assess the case for extending the scope of the minimum criteria. It will submit a report to the European Parliament and the Council and, if appropriate, a proposal for a directive. The Commission must also, in cooperation with the European Environment Agency and the IMPEL network, draw up minimum criteria concerning the qualifications of environmental inspectors. Member States should develop the necessary training programmes. RELATED ACTS Communication from the Commission of 14 November 2007 on the review of Recommendation 2001/331/EC providing for minimum criteria for environmental inspections in the Member States [COM(2007) 707 final - not published in the Official Journal]. The Commission has stated that all Member States have submitted a report on the implementation of the Recommendation, but that the information provided was often incomplete or difficult to compare. These reports also showed that few Member States have fully implemented the recommendation. The Commission does not consider it appropriate to make the inspections described in the recommendation a legally-binding requirement. However, it does feel that they could be improved, particularly by broadening their scope by clarifying certain definitions, laying down new criteria for the planning of inspections, simplifying reports to provide information that can be compared. Furthermore, in addition to the general criteria defined in the recommendation, the Commission feels that legally-binding sectoral requirements should be established for certain installations or specific activities. The Commission also stresses the importance of cooperation and exchange of information on projects linked to the IMPEL network. Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC [Official Journal L 275, 25.10.2003]. The European Union is establishing a greenhouse gas emissions trading scheme for the cost-effective reduction of such emissions in the Community. This scheme should enable the Community and the Member States to meet the commitments to reduce greenhouse gas emissions made in the context of the Kyoto Protocol. Installations operating in the energy sector, iron and steel production and processing, the mineral industry and the paper and card industry will automatically be subject to the emission trading scheme and will be obliged to declare their emissions of greenhouse gases. These statements are then checked, which may involve on-site inspections. Directive 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control [Official Journal L 257, 10.10.1996]. The European Union defines the obligations with which highly polluting industrial and agricultural activities must comply. It establishes a procedure for authorising these activities and sets minimum requirements to be included in all permits, particularly in terms of pollutants released. The aim is to prevent or reduce pollution of the atmosphere, water and soil, as well as the quantities of waste generated by industrial and agricultural installations to ensure a high level of environmental protection. Member States are responsible for ensuring that these industrial installations comply with requirements, organising on-site inspections where necessary. Last updated: 27.11.2007


EUR-Lex - 22007A1208(01) - EN Important legal notice | 22007A1208(01) Protocol on the implementation of the 1991 Alpine Convention in the field of transport — Transport protocol Official Journal L 323 , 08/12/2007 P. 0015 - 0022 20001031TRANSLATIONProtocol on the implementation of the 1991 Alpine Convention in the field of transportTransport protocolTHE FEDERAL REPUBLIC OF GERMANY,THE FRENCH REPUBLIC,THE ITALIAN REPUBLIC,THE PRINCIPALITY OF LIECHTENSTEIN,THE PRINCIPALITY OF MONACO,THE REPUBLIC OF AUSTRIA,THE SWISS CONFEDERATION,THE REPUBLIC OF SLOVENIA,andTHE 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;Aware that the ecosystems and landscapes of the Alpine region are particularly sensitive, that its geographical conditions and topography are likely to increase pollution and noise and that it contains unique natural resources and a unique cultural heritage;Aware that, without appropriate measures, transport and the environmental damage which it causes will continue to increase owing to the further integration of markets, socioeconomic development and leisure activities;Convinced that the local population must be able to determine its own social, cultural and economic development plan and take part in its implementation in the existing institutional framework;Aware that transport is not without an environmental impact and that the environmental damage it causes produces increasing negative effects on and risks to the ecology, health and safety, which need to be tackled through a common approach;Aware that enhanced safety measures are needed during the transport of hazardous materials;Aware of the need to make comprehensive arrangements for observation, research, the provision of information and consultation in order to establish the links between transport, health, environment and economic development and to make clear the need to reduce environmental damage;Aware that, in the Alpine region, a transport policy based on the principles of sustainability is in the interests of both the Alpine and extra-Alpine populations and that it is also necessary to preserve the Alpine regions as both a habitat and a natural and economic region;Aware that on the one hand the present potential of modes of transport is to some extent not used sufficiently and on the other hand not enough account is taken of the importance of infrastructures for more environmentally-friendly transport systems (such as railway transport, shipping and combined transport) or of the transnational compatibility and operability of the various means of transport, and that it is therefore necessary to optimise such transport systems by a major strengthening of the networks inside and outside the Alpine region;Aware that regional-planning and economic-policy decisions taken inside and outside the Alpine region have major repercussions for the development of Alpine transport;Desiring to make a decisive contribution to sustainable development and to improvement of the quality of life by reducing the volume of traffic, managing transport in a more environmentally-friendly manner and increasing the effectiveness and efficiency of existing transport systems;Convinced that it is necessary to balance economic interests, social needs and environmental requirements;With due regard for the 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 resolved in a cross-border framework and require joint measures on the part of the Alpine States —HAVE AGREED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Objectives1. The Contracting Parties undertake to pursue a sustainable transport policy which will:(a) reduce the negative effects of and risks posed by intra-Alpine and transalpine transport to a level which is not harmful to people, flora and fauna and their environments and habitats, inter alia, by transferring an increasing amount of transport, especially freight transport, to the railways, in particular by creating appropriate infrastructures and incentives in line with market principles;(b) contribute to the sustainable development of the habitats and economic areas in which people living in the Alpine region dwell and work by implementing a transport policy which encompasses all modes of transport and is harmonised between the various Contracting Parties;(c) help to reduce and, as far as possible, avoid any impact which might endanger the role and natural resources of the Alpine region, the importance of which goes beyond the boundaries of the Alpine areas, and threaten its natural and cultural heritage;(d) ensure the movement of intra-Alpine and transalpine transport at economically bearable costs by increasing the efficiency of transport systems and promoting modes of transport which are more environmentally-friendly and more economic in terms of natural resources;(e) ensure fair competition between modes of transport.2. The Contracting Parties undertake to develop the transport sector while observing the precautionary principle, the preventive principle and the polluter-pays principle.Article 2DefinitionsFor the purposes of this Protocol:"Transalpine transport" is transport made up of journeys whose points of departure and arrival are outside the Alpine region."Intra-Alpine transport" is transport made up of journeys whose points of departure and arrival are inside the Alpine region (inland transport) including transport made up of journeys whose points of departure or arrival are inside the Alpine region."Bearable negative effects and risks" are negative effects and risks to be defined through environmental-impact assessment and risk analysis with the aim of putting an end to any further increase in negative effects and risks and, where necessary, reducing them by means of appropriate measures in the case of both new building works and existing infrastructures which have a significant impact on the land."External costs" are costs which are not borne by the user of goods or services. They include the costs of infrastructure where use is free, the costs of environmental pollution and noise and the costs of damage to people and property caused by transport."New, large-scale building works, or major alterations or extensions of existing transport infrastructures" are infrastructure projects having effects which, in accordance with national impact assessment legislation or international conventions in force, are subject to an environmental impact assessment."Large-capacity roads" are all motorways and roads with two or more lanes, without intersections, or any road the traffic impact of which is similar to that of a motorway."Environmental quality objectives" are objectives which describe the environmental quality level to be attained, with due regard for the effects on ecosystems. They lay down (updateable) quality criteria for the protection of the natural and cultural heritage from a material, geographical and time-related viewpoint."Environmental quality standards" are specific standards which enable the environmental quality objectives to be met. They determine the objectives applicable to certain parameters, the measuring procedures or the overall requirements."Environmental quality indicators" are indicators which make it possible to measure or evaluate the present state of environmental damage and to forecast any change."The precautionary principle" is the principle whereby measures intended to avoid, control or reduce serious or irreversible effects on health and the environment should not be postponed by arguing that scientific research has not yet strictly proven the existence of a cause-and-effect relationship between the substances concerned and their potential harmfulness to health and the environment."The "polluter-pays" principle", including the acceptance of liability for effects caused, is the principle whereby the costs of preventing, controlling and reducing environmental damage and restoring the environment to an acceptable state are to be paid by polluters. The latter should, as far as possible, pay the entire cost of the impact of transport on health and the environment."Advisability study" is an investigation, in accordance with national laws, during the planning of new, large-scale building works, or major alterations or extensions of existing transport infrastructures concerning the advisability of projects from the angle of both transport policy and economic, environmental and socio-cultural impact.Article 3Sustainable transport and mobility1. To enable transport to develop in a sustainable manner, the Contracting Parties undertake to contain, by means of a concerted transport and environmental policy, the negative effects and risks due to transport by taking account of:(a) the importance of the environment so that:(aa) the use of natural resources is reduced to a level which, as far as possible, does not exceed their natural capacity for regeneration;(bb) harmful emissions are reduced to a level which is not detrimental to the absorption capacity of the environments concerned;(cc) the input of substances into the environment is limited so as to avoid harming environmental structures and natural materials cycles;(b) the requirements of the population so as to:(aa) allow accessibility for persons, labour, goods and services, while effectively preserving the environment, saving energy and space and meeting the essential needs of the population;(bb) avoid endangering human health and reduce the risks of environmental disasters and the number and severity of accidents;(c) the importance of economic criteria so as to:(aa) increase the profitability of the transport sector and internalise external costs;(bb) encourage optimum use of existing infrastructures;(cc) guarantee employment in undertakings which are performing well in the various sectors of the economy;(d) the need to take enhanced measures against noise because of the special topography of the Alps.2. In keeping with the national and international transport legislation in force, the Contracting Parties undertake to develop national, regional and local strategies, objectives and measures which:(a) take account of the different environmental, economic and socio-cultural data and different needs;(b) make it possible to reduce environmental damage due to transport by putting in place economic tools combined with measures for regional and transport planning.Article 4Taking the objectives into account in other policies1. The Contracting Parties undertake to take account of the objectives of this Protocol in their other policies as well.2. The Contracting Parties undertake to anticipate and evaluate the effects of other policies, strategies and concepts on transport.Article 5Participation of regional and local authorities1. The Contracting Parties shall encourage international cooperation between the competent institutions in order to find the best possible cross-border harmonised solutions.2. Each Contracting Party shall define, within its institutional framework, the best level of coordination and cooperation between the institutions and regional and local authorities directly concerned so as to encourage solidarity of responsibility, in particular in order to exploit and develop synergies when implementing transport policies and the resulting measures.3. The regional and local authorities directly concerned shall be parties to the various stages of preparing and implementing these policies and measures within the limits of their competence and within the existing institutional framework.Article 6Reinforced national regulationsIn order to protect the ecologically sensitive Alpine region and without prejudice to international conventions in force, the Contracting Parties may take measures going beyond those provided for in this Protocol because of special situations relating in particular to their natural areas or on grounds of public health, safety or protection of the environment.CHAPTER IISPECIFIC MEASURES(A) STRATEGIES, CONCEPTS, PROJECTSArticle 7General transport-policy strategy1. In order to ensure sustainability, the Contracting Parties undertake to promote rational, safe transport management in a harmonised, cross-border network that:(a) ensures coordination between different carriers, modes and types of transport and encourages intermodality;(b) optimises the use of existing transport systems and infrastructures in the Alps, including through the use of electronic data transmission, and charges external and infrastructure costs to polluters in line with the damage caused;(c) encourages, by means of structural and regional planning measures, the transfer of the carriage of passengers and goods to more environmentally-friendly means of transport and to intermodal transport systems;(d) recognises and utilises the opportunities for reducing traffic volume.2. The Contracting Parties undertake to adopt the necessary measures so as to ensure as far as possible:(a) the protection of communication routes against natural hazards;(b) in areas particularly damaged by transport, the protection of persons and of the environment;(c) the gradual reduction of emissions of harmful substances and noise by all modes of transport, including through the use of the best technologies available;(d) greater transport safety.Article 8Evaluation and intergovernmental consultation procedure1. In the case of new, large-scale building works and major alterations or extensions of existing transport infrastructures, the Contracting Parties undertake to carry out advisability studies, environmental impact assessments and risk analyses and to evaluate the results in the light of the objectives of this Protocol.2. The planning of transport infrastructure in the Alps must be carried out in a coordinated, concerted manner. In the case of projects with a significant cross-border impact, each Contracting Party undertakes to carry out, at the latest once the studies have been presented, prior consultations with the other Contracting Parties concerned. These provisions shall be without prejudice to the right of each Contracting Party to construct transport infrastructure which has been adopted in accordance with their internal legal order at the time of adoption of this Protocol or the need for which has been established in accordance with the law.3. The Contracting Parties shall encourage the increased consideration of transport policy in the environmental management of undertakings in their countries.(B) TECHNICAL MEASURESArticle 9Public transportIn order to maintain and improve the settlement pattern and the economic organisation of the Alps as well as their attractiveness for recreation and leisure purposes in a sustainable manner, the Contracting Parties undertake to encourage the creation and development of user-friendly, environmentally-adapted public transport systems.Article 10Rail transport and shipping1. In order to make better use of the particular suitability of the railways for meeting the requirements of long-distance transport, and use of the railway network for economic activity and tourism in the Alps, the Contracting Parties shall, within the limit of their competences, promote:(a) the improvement of railway infrastructure by constructing and developing the major transalpine railway routes, including connecting routes and suitable terminals;(b) the further optimisation and modernisation of railway undertakings, in particular for cross-border transport;(c) the adoption of measures designed in particular to transfer the long-distance carriage of goods to rail and to further harmonise transport-infrastructure user charges;(d) intermodal transport systems and the further development of rail transport;(e) the increased use of rail and the creation of user-friendly synergies between long-distance passenger transport, regional transport and local transport.2. In order to reduce the volume of transit goods carried by land, the Contracting Parties shall encourage additional efforts to increase the use of shipping.Article 11Road transport1. The Contracting Parties shall refrain from constructing any new, large-capacity roads for transalpine transport.2. Large-capacity road projects for intra-Alpine transport may be carried out only if:(a) the objectives set out in Article 2(2)(j) of the Alpine Convention can be attained by means of appropriate precautionary and compensatory measures as determined by the environmental impact assessment;(b) the transport requirements cannot be met by making better use of existing road and railway capacity, by extending or constructing new railway transport and shipping infrastructures, by improving combined transport, or by any other transport organisation measures;(c) the results of the advisability study have shown that the project is economically viable, the risks are contained and the result of the environmental impact assessment is positive;(d) regional planning and/or programmes and sustainable development are taken into consideration.3. However, in view of the geography and the settlement pattern of the Alpine region, which cannot always be efficiently served by public transport alone, the Contracting Parties shall recognise the need, in these remote areas, to create and maintain sufficient transport infrastructures for private transport to function.Article 12Air transport1. The Contracting Parties undertake to reduce as far as possible the environmental damage caused by air transport, including aircraft noise, without transferring it to other regions. Taking account of the objectives of this Protocol, they shall make efforts to limit or, where appropriate, prohibit airdrops in places other than airfields. In order to protect the wild fauna, the Contracting Parties shall take appropriate measures to impose time and place limits on non-motorised air transport for leisure purposes.2. The Contracting Parties undertake to improve public transport systems from airports on the fringes of the Alps to the various Alpine regions so as to be able to satisfy transport demand without further damage to the environment. In this context, the Contracting Parties shall restrict as far as possible the construction of new airports and any major extension of existing airports in the Alps.Article 13Tourist facilities1. The Contracting Parties undertake to evaluate, in the light of the objectives of this Protocol, the transport impact of new tourist facilities and, if necessary, to take precautionary or compensatory measures to fulfil the objectives of this or other Protocols. Priority shall be given in this case to public transport.2. The Contracting Parties shall support the creation and maintenance of low-traffic and traffic-free areas, the exclusion of cars from certain tourist sites and measures to encourage tourists not to arrive by car or use cars.Article 14Real costsIn an attempt to influence the routing of transport by taking greater account of the real costs of the various transport modes, the Contracting Parties agree to apply the "polluter-pays" principle and to support the establishment and use of a system to calculate infrastructure costs and external costs. The objective is gradually to introduce transport-specific charging systems to cover such real costs in an equitable manner and to:(a) encourage the use of the most environmentally-friendly modes and means of transport;(b) achieve a more balanced use of transport infrastructure;(c) provide incentives to make more use of opportunities for the reduction of environmental and socioeconomic costs by means of structural and regional planning measures which have an impact on transport.(C) MONITORING AND CONTROLArticle 15Supply and use of transport infrastructure1. The Contracting Parties undertake to record and periodically update in a reference document the state, development, and use of or improvement in large-capacity transport infrastructure and transport systems and the reduction in environmental damage. They shall use a uniform presentation for this purpose.2. On the basis of the above reference document, the Contracting Parties shall consider the extent to which implementing measures have contributed to the achievement and further development of the objectives of the Alpine Convention and, in particular, this Protocol.Article 16Environmental quality objectives, standards and indicators1. The Contracting Parties shall lay down and implement environmental quality objectives for the establishment of sustainable transport.2. They agree on the need to have suitable standards and indicators for the specific requirements of the Alpine region.3. The application of these standards and indicators is intended to measure damage to the environment and health caused by transport.CHAPTER IIICOORDINATION, RESEARCH, TRAINING AND INFORMATIONArticle 17Coordination and informationThe Contracting Parties agree, where necessary, to hold joint meetings in order to:(a) evaluate the impact of measures taken under this Protocol;(b) consult each other prior to any major transport-policy decisions which are likely to have an impact on the other Contracting States;(c) encourage exchanges of information on the implementation of this Protocol, giving priority to the use of existing information systems;(d) reach agreement prior to any major transport-policy decisions, in particular in order to incorporate them in a harmonised cross-border regional planning policy.Article 18Research and observation1. The Contracting Parties shall cooperate closely in encouraging and harmonising research on and systematic observation of the interaction between transport and the environment in the Alps and specific technological developments which will increase the economic efficiency of environmentally-friendly transport systems.2. The results of the joint research and observation shall be duly taken into account when reviewing the implementation of this Protocol, in particular in order to devise methods and criteria for defining sustainable traffic development.3. The Contracting Parties shall ensure that the various results of national 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.4. The Contracting Parties shall support pilot projects for the implementation of sustainable transport concepts and technologies.5. The Contracting Parties shall support research into the applicability of methods for intermodal strategic environmental impact assessment in the Alps.Article 19Training and provision of information to the publicThe Contracting Parties shall encourage basic and further training and the provision of information to the public on the objectives, measures and implementation of this Protocol.CHAPTER IVMONITORING AND EVALUATIONArticle 20ImplementationThe Contracting Parties undertake to ensure the implementation of this Protocol by taking any appropriate measures within the existing institutional framework.Article 21Monitoring of compliance with Protocol obligations1. The Contracting Parties shall regularly report 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.2. The Standing Committee shall examine these reports in order to ensure that the Contracting Parties have fulfilled their obligations arising from this Protocol. It may also ask for additional information from the Contracting Parties concerned or have recourse to other information sources.3. The Standing Committee shall draw up a report on compliance by the Contracting Parties with the obligations arising from this Protocol, for the attention of the Alpine Conference.4. The Alpine Conference shall take note of this report. If it finds that obligations have not been met, it may adopt recommendations.Article 22Evaluation of the effectiveness of the provisions1. The Contracting Parties shall regularly examine and evaluate the effectiveness of the provisions of this Protocol. They shall initiate appropriate amendments to this Protocol where necessary in order to achieve objectives.2. The regional and local authorities shall be associated with this evaluation within the existing institutional framework. Non-governmental organisations active in this field may be consulted.CHAPTER VFINAL PROVISIONSArticle 23Links between the Alpine Convention and the Protocol1. This Protocol constitutes a Protocol to the Alpine Convention within the meaning of Article 2 and any other relevant articles of the Convention.2. Only Contracting Parties to the Alpine Convention may become a party to this Protocol. Any denunciation of the Alpine Convention also implies denunciation of this Protocol.3. Where the Alpine Conference discusses matters relating to this Protocol, only the Contracting Parties to this Protocol may take part in the vote.Article 24Signature and ratification1. This Protocol shall be open for signature by the signatory States of the Alpine Convention and by the European Community on 31 October 2000 and in the Republic of Austria, as the depositary, from 6 November 2000.2. This Protocol shall enter into force for the Contracting 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 instruments of ratification, acceptance or approval.3. For Parties which later express their agreement 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 said Protocol shall become a Contracting Party to the Protocol, as amended.Article 25NotificationThe depositary shall, in respect of this Protocol, notify each State referred to in the Preamble and the European Community of:(a) any signature;(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, the undersigned, being duly authorised thereto, have signed this Protocol.Done at Lucerne this thirty-first day of October two thousand, in the French, German, Italian and Slovene languages, the four texts being equally authentic, in a single original which shall be deposited in the Austrian State Archives. The depositary shall send a certified copy to each of the signatory States.For the Federal Republic of Germany,For the French Republic,For the Italian Republic,For the Principality of Liechtenstein,For the Principality of Monaco,For the Republic of Austria,For the Swiss Confederation,For the Republic of Slovenia,For the European Community.--------------------------------------------------

Summary: The Transport Protocol of the Alpine Convention The Transport Protocol of the Alpine Convention SUMMARY OF: Protocol on the implementation of the 1991 Alpine Convention in the field of transport — Transport protocol Decision 2007/799/EC on the signature of the Protocol on the Implementation of the Alpine Convention in the field of transport Decision 2013/332/EU on the conclusion of the Protocol on the implementation of the Alpine Convention in the field of transport WHAT IS THE AIM OF THE PROTOCOL AND OF THE DECISIONS? The Convention on the Protection of the Alps (see summary) is a framework agreement for the protection and sustainable development of the Alpine region designed to preserve and protect the Alps (from an environmental, economic and social viewpoint) by applying the principles of prevention, ‘polluter pays’ and cooperation between its members. One of the different protocols is the Transport protocol being summarised here. The fact of signing this protocol by the EU can be seen as a political message to all concerned, inviting the contracting parties to sign and ratify it. By Council Decisions 2007/799/EC and 2013/332/EU, the European Union (EU) signed and concluded the Transport protocol. KEY POINTS Objectives The protocol has the following objectives: to reduce the actual and potential harmful effects of intra-alpine transport; to contribute to the development of habitats and economic areas through a harmonised transport policy which is shared by the countries concerned and integrates different modes of transport (road, rail, etc.); to mitigate the threat to the biodiversity of the Alpine region and its natural and cultural heritage; to ensure through more efficient and sustainable transport systems that the movement of traffic is economically viable. The contracting parties to the protocol thus undertake to take into account, in their management of the Alpine region, the risks and harmful effects associated with traffic, such as pollution (noise or chemical), and the security of people and property. In parallel, the signatories must: increase the profitability of the transport sector; optimise use of existing infrastructures; take transport issues into account when evaluating and implementing other policies; involve regional and local authorities in decision-making. Specific measures and strategies Furthermore, the Transport protocol sets out a number of specific measures and strategies, all designed to promote sound, safe transport management based on the following principles: sound coordination between different modes and means of transport; promotion of intermodality; transfer of traffic to more environmentally-friendly modes of transport; protection of communication routes from natural hazards; protection of people and the environment; gradual reduction of hazardous substance emissions and noise; introduction and development of user-friendly, environmental public transport; use of impact studies for planned projects and consultation of those affected. The protocol also defines specific principles for the different modes of transport: bolstering rail transport through the improvement and better use of infrastructure, and promoting intermodality for goods transport; taking greater advantage of the scope for river and sea transport; as to road transport, the signatories must avoid building new large-capacity routes. However, projects may be carried out if the environmental impact is minimised; the harmful effects of air transport must be brought down to a minimum. Non-motorised aerial leisure activities must also be limited. The elements of this protocol are taken into account in decisions related to infrastructure projects in the Alpine region. For instance, Article 11(1) of the Transport Protocol says that ‘[t]he Contracting Parties shall refrain from constructing any new, large-capacity road for transalpine transport.’ — which helps explain to some extent why the EU is currently mainly financing rail tunnels in the Alps. ‘Polluter pays’ principle The protocol also encourages the contracting parties to apply the ‘polluter pays’ principle and establish a method that factors environmental costs into calculations of overall outlay on infrastructure. The signatories must regularly report to the permanent committee on the measures taken under the protocol. The committee draws up a report declaring that the protocol has been complied with. DATE OF ENTRY INTO FORCE The protocol entered into force on 25 September 2013. BACKGROUND On 14 May 1991, the Council authorised the Commission to take part in the negotiations to establish the Alpine Convention and its protocols. The Transport Protocol was opened for signature by the contracting parties at the ministerial meeting of the Convention in Lucerne on 30 and 31 October 2000. The Council signed the Transport Protocol of the Alpine Convention on 12 December 2006. This decision was accompanied by a joint Council and Commission declaration on the interpretation of the Protocol. The other contracting parties of the Convention — apart from the EU — are Germany, France, Italy, Liechtenstein, Monaco, Austria, Switzerland and Slovenia. MAIN DOCUMENTS Protocol on the implementation of the 1991 Alpine Convention in the field of transport — Transport protocol (OJ L 323, 8.12.2007, pp. 15-22) Council Decision 2007/799/EC of 12 October 2006 on the signature, on behalf of the Community, of the Protocol on the Implementation of the Alpine Convention in the field of transport (Transport Protocol) (OJ L 323, 8.12.2007, pp. 13-14) Council Decision 2013/332/EU of 10 June 2013 on the conclusion on behalf of the European Union of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol) (OJ L 177, 28.6.2013, p. 13) RELATED DOCUMENTS Notice concerning the entry into force of the Protocol on the implementation of the 1991 Alpine Convention in the field of transport (Transport protocol) (OJ L 206, 2.8.2013, p. 1) last update 15.05.2020