OBJECTIVES, GEOGRAPHICAL SCOPE AND DEFINITIONS
IN ACCORDANCE with their tasks, arising from the Framework Convention on the Protection and Sustainable Development of the Carpathians, hereinafter referred to as the "Carpathian Convention" (Kyiv, 2003), of pursuing a comprehensive policy and cooperating for the protection and sustainable development of the Carpathians;
AWARE that it is therefore necessary to optimize such transport systems by significantly strengthening the transport network both within and across the Carpathians, taking into account the specific environmental needs of the Carpathian region;
NOTING that all Parties to the Protocol are Parties to the Convention on Biological Diversity (Rio de Janeiro, 1992), the Convention on the Conservation of European Wildlife and Natural Habitats (Bern, 1979), the Convention on Wetlands of International Importance Especially as Waterfowl Habitat (Ramsar, 1971) and the Convention Concerning the Protection of the World Cultural and Natural Heritage (Paris, 1972);
RECALLING, in particular, the Rio Declaration (Rio, 1992), the Johannesburg Declaration on Sustainable Development and the Plan of Implementation of the World Summit on Sustainable Development (Johannesburg, 2002), the Rio +20 outcome document "The future we want" (Rio, 2012);
RECALLING other relevant conventions and agreements, in particular, the Convention on Conservation of Migratory Species of Wild Animals (Bonn, 1979), the European Landscape Convention (Florence, 2000), the Convention on Environmental Impact Assessment in a Transboundary Context (Espoo, 1991), the Convention on Access to Information, Public Participation in Decision-making and Access to Justice in Environmental Matters (Århus, 1998), the Convention on International Civil Aviation and relevant Annexes (Chicago, 1944);
EMPHASIZING the role of the Carpathian transport and of the related infrastructure in the framework of the EU Strategies for the Baltic Sea Region and the Danube Region with a view to ensuring the coherent development of both macro-regions, including infrastructural connections between them;
OBJECTIVES, GEOGRAPHICAL SCOPE AND DEFINITIONS
1. In accordance with Article 8 of the Carpathian Convention, the objective of the Protocol on Sustainable Transport (hereinafter referred to as "the Protocol") is to enhance and facilitate cooperation of the Parties for the development of sustainable freight and passenger transport and related infrastructure in the Carpathians for the benefit of present and future generations with the objective to contribute to the sustainable development of the region while avoiding, minimizing and, where necessary, mitigating and compensating negative environmental and socio-economic impacts of transport and related infrastructure development.
b) development of sustainable multi-modal transport policies, which provide the socio-economic benefits of mobility and access to urban, rural, remote areas and tourist destinations in the Carpathians;
d) avoiding fragmentation of natural and semi-natural habitats caused by all transport modes and related infrastructure, as well as maintenance and improvement of ecological connectivity on the local, national and regional level;
c) "Ecological connectivity" means the binding or connecting of eco-landscape elements (semi-natural, natural habitats or buffer zones, biological corridors) between them, from the point of view of an individual, a species, a population or an association of these entities, for whole or part of their developmental stage, at a given time or for a period given to improve the accessibility of the fields and resources for fauna and flora;
d) "Environmentally friendly transport" means the transport that limits emissions and waste within the planet’s ability to absorb them, uses renewable resources at or below their rates of generation, limits other impacts on landscapes and ecosystems, including habitat fragmentation, and uses non-renewable resources at or below the rates of development of renewable substitutes, while minimizing the impact on the use of land and the generation of noise;
f) "External costs" refer to a situation in which a transport user either does not pay for the full costs (including the environmental, congestion or accident costs) of his/her transport activity or does not receive the full benefits from it;
m) "Public concerned" means the public affected or likely to be affected by, or having an interest in, the environmental decision-making; for the purposes of this definition, non-governmental organizations promoting environmental protection and meeting any requirements under national law shall be deemed to have an interest;
p) "Sensitive area" means an area that is particularly vulnerable due to its own characteristics (conditioned by factors such as population density, topography and biotopes in the area) and prone to high environmental impact;
r) "Trans-European Networks" means transport infrastructure of an European strategic importance as identified either by the UNECE through the Trans-European transport for motorway (TEM) and rail (TER) or EU through the Trans-European transport network (TEN-T);
1. The Parties shall take into consideration the objectives of this Protocol in their other policies and strategies, in particular but not limited to spatial planning and resource management, conservation of biological and landscape diversity, water and river basin management, agriculture and forestry, tourism, industry and energy.
2. The Parties shall cooperate on integrating the principles of sustainable transport and related infrastructure into other policies developed at global, regional, or national levels that could have beneficial influence on the conservation and sustainable use of biological and landscape diversity in the Carpathians, including production, transfer and saving of energy as well as tourism and recreation.
1. The Parties shall take measures to facilitate, within its existing institutional framework, the coordination and cooperation between institutions, regional and local authorities concerned so as to encourage shared responsibility, in particular to develop and enhance synergies when implementing policies aimed at promoting sustainable transport and related infrastructure.
1. The Parties shall encourage active cooperation among the competent institutions and organizations at the international level with regard to promoting sustainable transport and transport infrastructure in the Carpathian area.
1. The Parties shall take into account the potential of alternative routes when planning and developing transport infrastructure networks, ensuring functionality and compatibility with Trans -European Networks at the most suitable level.
1. The Parties shall recognize the importance of freight and passenger road transport in particular for accessibility to remote areas and final destinations as well as the development of the Carpathian region.
2. The Parties being aware of the specific negative impacts caused by road transport such as the fragmentation of landscapes and settlements, traffic mortality of animals, land use, loss of natural and semi-natural habitats, emissions of greenhouse gases, pollutants and noise shall seek to avoid, minimize and, where necessary, offset these impacts.
d) facilitating access to alternative fuels and energy by implementation of international standards for related infrastructure, and providing information on the location and compatibility of fuel infrastructure;
2. The Parties being aware of the specific negative impacts caused by rail transport such as traffic mortality of animals, fragmentation of landscapes and settlements and noise emissions, shall seek to avoid, minimize and, where necessary, offset these impacts.
2. The Parties taking into account the hydrological, biological and ecological and other specificities of mountain river basins shall seek to avoid, minimize and, where necessary, offset the impacts on mountain river basins - in particular, on wetlands and freshwater ecosystems - such as emission of pollutants and noise, destruction of natural and semi-natural habitats, fragmentation of river ecosystems and wakes.
2. The Parties being aware of the specific negative impacts caused by air transport such as aircraft noise and emission, and its impact on natural and semi-natural habitats and bird migration corridors, shall seek to avoid, minimize and, where necessary, offset these impacts.
2. The Parties being aware of the potential negative impacts caused by non-motorized transportation such as disturbance of fauna and flora in sensitive areas, shall seek to avoid, minimize and, where necessary, offset these impacts.
1. The Parties shall recognize the significance of the intelligent traffic managements systems to remove existing mobility barriers in terms of optimization of existing transport capacities, improvement of safety, resource efficiency.
IMPLEMENTATION, MONITORING AND EVALUATION
3. Each Party shall designate a relevant national authority responsible for the implementation of this Protocol and make this information available to other Parties. The respective national authorities shall be responsible for monitoring the effects of the measures mentioned in paragraphs 1 and 2 of this Article.
2. The Parties to the Carpathian Convention that are not Parties to this Protocol may participate as observers in the Conference of the Parties serving as the meeting of the Parties to this Protocol. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, decisions under this Protocol shall be taken only by those that are Parties to it.
3. When the Conference of the Parties serves as the meeting of the Parties to this Protocol, any member of the bureau of the Conference of the Parties representing a Party to the Convention but, at that time, not a Party to this Protocol, shall be substituted by a member to be elected by and from among the Parties to this Protocol.
4. The Rules of Procedure for the Conference of the Parties shall apply mutatis mutandis to the meeting of the Parties, except as may be otherwise decided by consensus by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
5. The first meeting of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be convened by the Secretariat in conjunction with the first meeting of the Conference of the Parties that is scheduled after the date of the entry into force of this Protocol. Subsequent ordinary meetings of the Conference of the Parties serving as the meeting of the Parties to this Protocol shall be held in conjunction with ordinary meetings of the Conference of the Parties, unless otherwise decided by the Conference of the Parties serving as the meeting of the Parties to this Protocol.
6. The Conference of the Parties serving as the meeting of the Parties to this Protocol shall make, within its mandate, the decisions necessary to promote its effective implementation. It shall perform the functions assigned to it by this Protocol and shall:
1. Any subsidiary body established by or under the Carpathian Convention may, upon a decision by the Conference of the Parties serving as the meeting of the Parties to this Protocol, serve the Protocol, in which case the meeting of the Parties shall specify which functions that body shall exercise.
2. Parties to the Carpathian Convention that are not Parties to this Protocol may participate as observers in the meetings of any such subsidiary. When a subsidiary body of the Carpathian Convention serves as a subsidiary body to this Protocol, decisions under the Protocol shall be taken only by the Parties to the Protocol.
3. When a subsidiary body of the Carpathian Convention exercises its functions with regard to matters concerning this Protocol, any member of the bureau of that subsidiary body representing a Party to the Carpathian Convention but, at that time, not a Party to the Protocol, shall be substituted by a member to be elected by and from among the Parties to the Protocol.
1. The Parties shall regularly report to the Conference of the Parties on measures related to this Protocol and the results of the measures taken. The Conference of the Parties shall determine the intervals and format at which the reports must be submitted.
2. Observers may present any information or report on implementation of and compliance with the provisions of this Protocol to the Conference of the Parties and/or to the Carpathian Convention Implementation Committee (hereinafter referred to as the "Implementation Committee").
3. The Implementation Committee shall collect, assess and analyze information relevant to the implementation of this Protocol and monitor the compliance by the Parties with the provisions of this Protocol.
1. The Parties shall regularly examine and evaluate the effectiveness of the provisions of this Protocol. The Conference of the Parties may consider the adoption of appropriate amendments to this Protocol where necessary in order to achieve its objectives.
2. The provisions of Articles 19, 20, 21 paragraphs 2 to 4 and Article 22 of the Carpathian Convention on entry into force, amendment of and withdrawal from this Protocol and on settlement of disputes shall apply mutatis mutandis to this Protocol. Only a Party to the Carpathian Convention may become Party to this Protocol.
2. For Parties which express their consent to be bound by this Protocol at a later date, this Protocol shall enter into force on the ninetieth day after the date of deposit of the instrument of ratification. After the entry into force of an amendment to this Protocol, any new Party to the said Protocol shall become a Party to the Protocol, as amended.