DECLARATIONS BY THE EUROPEAN COMMUNITY

Declaration by the European Community regarding Article 12(3) of the Protocol on "Soil Protection" to the Alpine Convention

The European Community points out that Article 12(3) of the Protocol on "Soil Protection" should be interpreted in accordance with existing EC legislation and in particular Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture [1]. The European Community is of the opinion that sludge can have valuable agronomic properties and can be used in agriculture, provided it is used correctly. Its use must not impair the quality of the soil and of agricultural products, as stated in recital 7 of that Directive, nor give rise to harmful effects on man (direct and indirect consequences on human health), animals, plants and the environment, as stated in recital 5 and Article 1 of that Directive. Sludge may be used in cases where it would benefit the soil or for the nutrition of crops and plants.

Declaration by the European Community on Article 17(2) of the Protocol on "Soil Protection" to the Alpine Convention

Article 17(2) of the Protocol on "Soil Protection" should be read in accordance with EC legislation and in such a way as to ensure that waste management plans for the pre-treatment, treatment and disposal of waste and residual materials are drawn up and implemented, in order to avoid soil contamination and to ensure compatibility, not only with the environment, but also with human health.

Declaration by the European Community on Articles 19(2) and 21(2) of the Protocol on "Soil Protection" to the Alpine Convention

With regard to Articles 19(2) and 21(2) of the Protocol on "Soil Protection", the common observation system should be compatible where appropriate with the Global Earth Observation System of Systems (GEOSS) and should take into consideration the database set up by Member States according to EC legislation on observation, data collection and meta data.

Declaration for reservation by the European Community on Article 9 of the Protocol on "Energy" to the Alpine Convention

Article 9 of the Protocol on "Energy" concerns nuclear power issues. As far as the European Community is concerned, the requirements referred to in Article 9 are provided for in the Treaty establishing the Atomic Energy Community (Euratom). The decision by which the Alpine Convention was ratified was not based on the Euratom Treaty, but solely on the EC Treaty. The decision authorising the signing of the Protocol will have the same legal basis. Consequently, the European Community will not be bound by Article 9 of the Protocol on Energy, when the Protocol enters into force for the Community.

[1] OJ L 181, 4.7.1986, p. 6.

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