51995AC0183

Opinion on the proposal for a Council Decision on the conclusion of the Convention on the Protection of the Alps (Alpine Convention) ()

(95/C 110/01)

On 28 September 1994 the Council decided to consult the Economic and Social Committee, under Article 288 (2 and 3) and Article 130s of the Treaty establishing the European Community, on the abovementioned proposal.

The Section for Protection of the Environment, Public Health and Consumer Affairs, which was responsible for preparing the Committee's work on the subject, adopted its Opinion on 31 January 1995. The Rapporteur was Mr Pricolo.

At its 323rd Plenary Session (meeting of 22 February 1995), the Economic and Social Committee adopted the following Opinion by a large majority, with three abstentions.

1. Introduction

1.1. The Convention on the Protection of the Alps (known as the 'Alpine Convention') is an international agreement signed in November 1991 by seven Alpine countries (Germany, Austria, Italy, Switzerland, France, the Principality of Liechtenstein and Slovenia) and by the European Union.

1.2. The Convention confines itself to laying down general principles intended to serve as a guide to states interested in the practical implementation of policies for protecting the alpine ecosystem.

It thus has the nature of a general planning document, the detailed elaboration of which will be left to the adoption of suitable protocols on the various economic sectors, such as nature and landscape conservation, upland agriculture, tourism, transport, etc.

1.3. As things stand, the Convention has not yet been ratified by all the contracting parties, among them the European Union.

1.4. The present Commission proposal urges the Council to proceed rapidly to ratify the Convention through the approval procedure laid down in Article 228(2) and (3), taken in conjunction with Article 130s of the Treaty of Maastricht.

2. General comments

2.1. The Commission proposal gives rise to no objections, neither as regards its declared legal basis nor as regards its content, albeit limited to the straightforward approval of the November 1991 Convention.

2.2. The Committee cannot but share the hope that the Member States which are signatories to the Convention and the European Union will ratify quickly, so that the Convention can come into force at once.

2.3. The Committee cannot discuss the merits of the Convention, as it has been laid down in a binding manner through being signed by the contracting parties, even if its entry into force awaits its ratification by at least three of them.

2.4. The Committee can only make recommendations on certain specific problems, so that its suggestions can be taken into account when the implementing protocols are being drawn up.

3. Specific comments

3.1. The Committee draws the attention of the Commission and the Council to the fact that the overall policy for conservation and protection of the Alps - to which Article 2 of the Convention refers - must be formulated in such a way as to take account of Community provisions on the various sectoral policies.

3.2. Obviously, exceptions to the above principle will be possible, but only if they are essential to strengthening the economic and social fabric of the alpine regions and avoiding the depopulation and desertification of those areas.

3.3. For upland areas with a pronounced agricultural character, steps should be taken to remove the restrictions which hamper the continuation of agricultural activity in such disadvantaged areas, such as restrictions on milk production, and strengthen instead the measures likely to consolidate a traditional alpine activity on a permanent basis.

3.4. The Committee is convinced that farming - properly practised in agronomic, forestry and stockbreeding terms - is a worthwhile, indeed essential, aid to the restoration and safeguarding of the ecological balance in such areas.

3.5. Nature and landscape conservation, and the creation of upland forests, are of undoubted use in protecting ecosystems.

3.5.1. The Committee is also aware that conflicts can arise between the aim of safeguarding nature and the landscape and that of boosting economic activities, such as tourism.

3.5.2. Particularly in more recent times, there are good examples of a practical solution to such conflicts of aims; these should be taken into account when the Convention and its implementing protocols are put into effect.

3.6. A similar problem arises for transport, particularly with regard to interalpine and transalpine traffic, and for the energy sector as regards exploitation of water and wind resources.

3.7. The Committee takes the view that these problems must be tackled and solved when the Convention's implementing protocols are being drawn up, taking account of the fact that ecology is a dynamic relationship between man and the environment; hence certain constraints cannot be imposed without taking account of the needs of the population which lives and works in the upland areas concerned.

3.8. Finally, the Committee expects to be consulted on the implementing protocols.

Done at Brussels, 22 February 1995.

The President

of the Economic and Social Committee

Carlos FERRER

() OJ No C 278, 5. 10. 1994, p. 8.