9
governmental organisations may join these meetings holding observer status 23 . The
Conference is organised and chaired by the State having held the chairmanship during
the two previous years 24 .
At its meetings, the Alpine Conference examines the implementation of the Convention
and its Protocols 25 . For this purpose, the contracting parties are obliged to forward to the
Conference information on the measures taken with a view to implementing the
Convention and the Protocols 26 . Additionally, the Alpine Conference adopts
amendments to the Convention as well as new Protocols 27 .
Within the Alpine Conference, decisions are taken in principle by unanimous
consensus, which guarantees the respect of each country's sovereignty. In exceptional
cases 28 , qualified majority voting is possible 29 . Since both the European Community and
the Member States are parties to the Alpine Convention, the latter foresees particular
voting mechanisms depending on whether or not a decision falls into the area of
competence of the Community: In the first case, the European Community shall
exercise its right to vote with a number of votes equal to the number of its Member
States which are at the same time contracting parties to the Alpine Convention. In the
second case, the votes are cast directly by the Member States, the Community having no
right to vote regarding an issue outside its sphere of competence 30 .
23 Article 5(5) AC. In the context of the Alpine Convention, many authors estimate that NGOs play an
extraordinary important role (see G. Schwarzer, supra, note 16. p.24 or F. Servoin, “La Convention
Alpine (la montagne et la souris)”. (1997) 3 RJE 341. at 346.).
24 Since the last Alpine Conference, hold in Merano/Meran on 19/20 November 2002. Germany has the
chairmanship till the next Alpine Conference which will be held in November 2004 in Garmisch-
Partenkirchen.
25 Article 6 AC.
26 Article 5(4) AC.
27 Article 6(a) and (b) AC.
28 Article 7 AC.
29 Several authors point out that France's support of Monaco's application to the Alpine Convention was
motivated mainly by the fact that Monaco should constitute a counterbalance to Liechtenstein, considered
as being part of the Germanic countries in contrast with the 'latin' countries. See F. Servoin. “La
Convention Alpine (la montagne et la souris)”. (1997) 3 RJE 341. at 345; and J. Sohnle, "El Protocolo
sobre la aplicación del Convenio de los Alpes en el ámbito de los transportes y el Derecho Comunitario".
(2003) 216 Noticias de la Unión Europea 107. at 109.
30 Article 7(2) AC.