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Andreas Maurer Melanie Plangger Andreas Maurer Melanie Plangger Innsbruck / Brussels / Berlin 2017 Prof. Dr. Andreas Maurer Melanie Plangger, MSc Kief Albers Luca Clavadetscher Anna Santolin Philipp Umek Commissioned by the Government of Tyrol for EUSALP – Action Group 4 ICER – Innsbruck Center for European Research Jean Monnet Chair for Political Science and European Integration University of Innsbruck Dept. of Political Science – Universitätsstrasse 15 – AT 6020 Innsbruck Homepage: www.icer.at / www.tragov.eu E‐Mail: [email protected] Layout: Philipp Umek ® ICER ISSN 2409‐5133 2 Executive Summary 1. Aim The EUSALP Strategy brings together seven countries, of which five are EU Member States (Austria, France, Ger- many, Italy and Slovenia) and two are EFTA (European Free Trade Association) countries (Liechtenstein and Swit- zerland). From a subnational perspective, EUSALP is a platform for cooperation for 48 regions. EUSALP is imple- mented by nine EUSALP Action Groups (AG), which organise their operations thematically along the four key objectives of the macro-regional strategy. The EUSALP Action Plan outlines the four objectives and the nine ac- tions of cooperation. Within Objective 2 "Mobility and Connectivity" of the EUSALP Action Plan, Action Group 4 is to promote inter- modality and interoperability in passenger and freight transport. Action Group 4 offers a platform to identify, coordinate, orchestrate and potentially harmonise the activities of Alpine regions and countries. The aim is the development of a sustainable transport and mobility system within and across the Alps. AG4’s mission is to build a common understanding of transport policy and mobility, to define common objectives and to launch specific activities and projects. At the same time, AG4’s mandate aims to foster trans-border cooperation and greater integration between the existing bodies and structures in the field of transport. By enhancing the collaboration of AG4 with different actors – governments, administrations and agencies at various levels of policy-making and policy implementation – in the area of transport, mobility and sustainable development, EUSALP might improve coordination and consistency between policy initiatives and encourage the alignment of related project funding. Thereby, AG4 can contribute to the fourth objective of the EUSALP Action Plan, which calls for developing a sound governance model for the Alpine region. Against this background, the GOV.MO.TALP study aims to provide for a comprehensive stock-taking of structures, inter- and intrainstitutional processes, related formal and informal actors and instruments in the area of transport and mobility policies at various levels of governance. Building on a combination of historical neo-insti- tutionalist and multi-level governance approaches for analyzing a complex, highly interwoven framework of pol- icy-making, the study investigates international, interregional, national and regional policy frameworks that have been established to provide means for sustainable transport in the EUSALP region. Based on a thorough analysis of the legal foundations as well as of the established means for inter- and intragovernmental coordination, par- liamentary accountability and stakeholder as well as citizen engagement, GOV.MO.TALP. identifies opportunity structures (the “written constitution”) and governance practices and processes (the “living constitution”) to tackle the related challenges in the field of mobility. In a first step, the study identifies legal frameworks and responsible actors in the field of transport policy within the seven Alpine member states, on the EU and on the international level. In a second step, the study gives a mapping of relevant cross-border and transnational regimes that work on transport issues in the Alpine region. Third, the study elaborates on strengths, weaknesses, best practice examples and gaps in the existing cross- border landscape with respect to criteria of mobilisation, deliberation, legitimacy, institutionalisation and conti- nuity. Fourth, the study maps relevant non-state actors and their contribution to information, consultation and collaboration in the field of transport. Finally, the study provides a synthesis of the elaborated arguments and develops concrete recommendations for AG4. Overall, the results should help AG4 to identify relevant legal frameworks and actors, to learn from best practice and to fill existing governance gaps. 2. Analytical framework The capability of cross-border structures to reach a common understanding, define common objectives and launch targeted activities and projects can be operationalized along five dimensions. First, cross-border cooper- ation has to mobilize all actors necessary (mobilization). Innovative solutions demand the mobilization of actors from the local, the regional, the national and the European level, from the public and the private sector and from different geographical areas. Second, governance must provide an arena for the open, nondiscriminatory discus- sion among all actors (deliberation). It has to allow for the development of a common understanding and inno- vative ideas. Third, governance has to ensure a constant connection to citizens’ concerns (legitimacy). This can be fulfilled by representative institutions, for example parliaments, but also by the involvement of civil society organizations and direct links to citizens. Fourth, governance has to secure efficient and effective implementation of the generated ideas (institutionalisation). Therefore, it should draw on a stable institutional framework of rules, norms and clear responsibilities. Fifth, governance must ensure that mobilization, deliberation, legitimacy and institutionalisation are connected in a constant and recursive process (continuity). This has to be ensured against the background of personnel fluctuations, changing political commitment or a dynamic external frame- work. 3 Figure 1. The five dimensions of cross-border governance capability (GOV.MO.TALP study, p. 17) 3. EU and national framework For the European Union, transport is a priority action area for sustainable development. Transport plays a con- siderable role in the economy with its omnipresence throughout the production chain, at all geographic scales. However, transport is also considered as the sector with the fastest growth in environmental pollution. Apart from energy generation and industrial processing, transport is a major contributor to air pollution. In the last two decades transalpine freight transport has been growing continuously, with road freight transport playing a dom- inant role. This increase was principally absorbed by road transport, which registered a remarkable growth, and to a much lesser extend by rail, whereby the unaccompanied combined transport registered the main proportion - thanks to Switzerland's rigorous policy in this regard. The alpine area is characterised by several constraints regarding the accessibility and transport infrastructure. As almost thirty percent of all greenhouse gas emissions in the Alps can be attributed to transport, passenger and freight traffic are to be identified as one of the main causes for climate change. Road transport in particular impacts on air pollution, noise and traffic congestion. Accordingly, transport and mobility constitute a key chal- lenge for the socio-economic and ecological development of the Alpine regions. Mountain regions are particu- larly vulnerable to and thus highly affected by environmental impacts from transport and tourism due to their territorial morphology and biological and landscape diversity. Several parameters reinforce the vulnerability of mountain regions. Transport infrastructure is very limited to topographic characteristics like narrow valleys or steep slopes. Hence, traffic flows are highly concentrated on a limited number of trunk links (road and rail), which easily overload. Effects of air pollution have a higher impact due to specific morphological conditions and due to topography. Noise spread is intensified due to specific morphological conditions in mountain regions (valleys, peaks) compared to lowlands. The amphitheatre shape of valleys and their narrowness hinder emissions from diffusing and let them remain in the valley. This causes a similarly bad air quality in these valleys as in an urban area. Transport policy has been one of the EU’s common policies for more than 30 years, effectively since 22 May 1985 when the Court of Justice of the European Union ruled on the case brought by the European Parliament against the Council for its failure to act in this area. In its judgment in Case 13/83, the Court of Justice thus urged the Council to act and kicked off the process of developing a genuine common transport policy. The original key priority was the creation of a common transport market as a condition for the establishment of the freedom to provide services and the opening-up of transport markets. To date, this goal has been achieved to a large extent. As a result of the European internal market, the abolition of internal borders, the opening and liberalisation of transport markets, the resulting drop in transport prices, Eastern and Southern enlargement, and a deepened framework for trade and economic development, volumes of goods and passengers have steadily increased. As a result, the transport sector faces increasing social and environmental constraints, so that the “sustainable mo- bility” model has become a critical benchmark for further developing the EU’s transport policy. The
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