Germany has ratified all the protocols to the Alpine Convention.
Germany is a federal State. However, only the State of Bavaria (Bayern) is in the Alpine territory. Only texts from the federal and Bavarian legislation are compiled.
National jurisdictions are competent to determine whether articles of the Alpine Convention and its protocols can be directly applicable on their territories.
Article 11 (1) of the Conservation of Nature and Landscape Protection Protocol does not have any direct legal effect.
In Germany, the Alpine Convention and its protocols are on the same level as the law. Are only applicable directly provisions the content, objective and formulation of which are precise enough ("self-executing"). For the judge in this case, article 8§1 of the 'mountain agriculture' protocol is not precise enough and cannot be applicated directly.
Only the "Land" of Bavaria is in the perimeter of the Alpine Convention.
The present Law lays down provisions relating to the protection of nature, the care of the landscape and the recreation in free nature. The underlying principle of the Law is that nature and landscape have to be protected for future generations. Its particular aims are as follows: to conserve the beneficial effects of the nature, the capacity to regenerate and the sustainable use of natural resources; to conserve the flora and fauna including their living space; to conserve the diversity, beauty and regenerative value of nature.
Article 35 of this law regulates the use of artifical snowmaking : authorization of new snow machines, environmental impact assessment, interdiction of additives.
A basic Ordinance in the field of land use planning in the Land of Bayern. The underlying principle of the present Act is that the environment and nature has to be safeguarded for future generations. Part B deals with nature and landscape; agriculture and forestry; energy supply; water ressources; technical environment protection. Eleven Annexes are enclosed.
The present Act establishes that the conservation, preservation and development of nature and landscapes, both in populated and non-populated areas, shall be such as to effectively serve the following purposes: 1) to maintain the efficiency of the balance of nature, 2) to preserve the exploitability of nature's resources, 3) to conserve fauna and flora, and 4) to safeguard the variety, particularity and beauty of nature and landscapes.
Article 17 regulates mountain rescue service in Bavaria.
Part II of this law regulates the authorization, building and use of cable railways.