Council of europe conseil de l'europe

COUNCIL OF EUROPE CONSEIL DE L'EUROPE COUNCIL OF EUROPE CONSEIL DE L'EUROPE European Treaties Traitës Europëens ETS No. 106 STE N° 106 EUROPEAN OUTLINE CONVENTION ON TRANSFRONTIER CO-OPERATION BETWEEN TERRITORIAL COMMUNITIES OR AUTHORITIES Madrid, 21 May 1980 Preamble The member States of the Council of Europe, signatories to this Convention, Considering that the aim of the Council of Europe is to achieve a greater unity between its members and to promote co-operation between them;

Considering that, as defined in Article 1 of the Council of Europe Statute, this aim will be pursued in particular by agreements in the administrative field;

Considering that the Council of Europe shall ensure the participation of the territorial communities or authorities of Europe in the achievement of its aim;

Considering the potential importance, for the pursuit of this objective, of co-operation between territorial communities or authorities at frontiers in such fields as regional, urban and rural development, environmental protection, the improvement of public facilities and services and mutual assistance in emergencies;

Having regard to past experience which shows that co-operation between local and regional authorities in Europe makes it easier for them to carry out their tasks effectively and contributes in particular to the improvement and development of frontier regions;

Being resolved to promote such co-operation as far as possible and to contribute in this way to the economic and social progress of frontier regions and to the spirit of fellowship which unites the peoples of Europe;

Have agreed as follows:

Article 1

Each Contracting Party undertakes to facilitate and foster transfrontier co-operation between territorial communities or authorities within its jurisdiction and territorial communities or authorities within the jurisdiction of other Contracting Parties. It shall endeavour to promote the conclusion of any agreements and arrangements that may prove necessary for this purpose with due regard to the different constitutional provisions of each Party.

Article 2

Article 3

The arrangements and agreements concluded may be based on the model and outline agreements, statutes and contracts appended to this Convention, numbered 1.1 to 1.5 and 2.1 to 2.61 with whatever changes are required by the particular situation of each Contracting Party. These model and outline agreements, statutes and contracts are intended for guidance only and have no treaty value.

Article 4

Each Contracting Party shall endeavour to resolve any legal, administrative or technical difficulties liable to hamper the development and smooth running of transfrontier co-operation and shall consult with the other Contracting Party or Parties concerned to the extent required.

Article 5

The Contracting Parties shall consider the advisability of granting to territorial communities or authorities engaging in transfrontier co-operation in accordance with the provisions of this Convention the same facilities as if they were co-operating at national level.

Article 6

Each Contracting Party shall supply to the fullest possible extent any information requested by another Contracting Party in order to facilitate the performance by the latter of its obligations under this Convention.

Article 7

Each Contracting Party shall see to it that the territorial communities or authorities concerned are informed of the means of action open to them under this Convention.

Article 8

Article 9

Article 10

Article 11

Article 12

The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, and any State that has acceded to this Convention of: a any signature; b any deposit of an instrument of ratification, acceptance, approval or accession; c any date of entry into force of this Convention in accordance with Article 9 thereof; d any declaration received in pursuance of the provisions of paragraph 2 of Article 2 or of paragraph 5 of Article 3; e any notification received in pursuance of the provisions of Article 11 and the date on which denunciation takes effect.

In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.

Done at Madrid, the 21st day of May 1980 in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.

Model and Outline Agreements, Statutes and Contracts on Transfrontier Co-operation between Territorial Communities or Authorities 2.

This graduated system of model agreements was devised by distinguishing between two main categories defined according to the level at which the agreement is concluded: * model inter-state agreements on transfrontier co-operation at local and regional level; * outline agreements, contracts and statutes capable of providing a basis for transfrontier co-operation between territorial authorities or communities.

As shown in the table hereafter, only the two model inter-state agreements for the promotion of transfrontier co-operation and regional transfrontier liaison fall exclusively within the jurisdiction of States. The other inter-state agreements merely establish a legal framework for the conclusion of agreements or contracts between territorial authorities or communities, the outlines of which have been placed in the second category.

co-operation in the field of spatial interregional and/or intermunicipal planning economic and social co-operation (see par. 1.6) 1.9 Model agreement on the creation and management of transfrontier 2.8 Model agreement in parks interregional and/or intermunicipal transfrontier co-operation in the 1.10 Model agreement on the creation field (see par. 1.8) and management of transfrontier of spatial planning rural parks 2.9 Model agreement on the creation 1.11 Model inter-state agreement on and management of transfrontier transfrontier co-operation in parks (see par. 1.9) matters concerning lifelong training, information, employment 2.10 Model agreement on the and working conditions creation and management of transfrontier rural parks (see para. 1.10) 2.11 Model agreement on the creation and management of transfrontier parks between private law associations 2.12 Model agreement between local and regional authorities on the development of transfrontier co-operation in civil protection and mutual aid in the event of disasters occuring in frontier areas 1. Model inter-state agreements Introductory note:

The system of inter-state agreements aims above all to define precisely the context, forms and limits which States favour for territorial authority action, and to eliminate legal uncertainties likely to create problems (definition of the applicable law, judicial authorities, possible avenues of appeal, etc.).

Further, the conclusion of inter-state agreements between the States concerned promoting transfrontier co-operation between local authorities would undoubtedly be advantageous in the following respects: * official recognition of the legitimacy of such co-operation procedures and encouragement for local authorities to use them; * purpose and conditions of intervention by supervisory or controlling authorities; * exchange of information between States; * links which may be established between such forms of co-operation and other procedures for concerted action in frontier areas; * amendment of legal rules or interpretations thereof which hinder transfrontier co-operation etc.

The system of multiple choice model agreements enables governments to place frontier co-operation within whatever context is best suited to their needs by using the inter-state agreement for the promotion of transfrontier co-operation (1.1) as a foundation and supplementing it with any of the various options (model agreements 1.2 to 1.5). States could have recourse either to one option only or to more or even all of them, and they could do so either simultaneously or in stages. In the case of agreements between States which already have similar legal systems, such as the Scandinavian states, recourse to agreements of such a specific kind might prove unnecessary.

General clauses for model agreements 1.1 to 1.5 * Article a 1. For the purposes of this agreement "local authorities" shall mean authorities, communities, or bodies exercising local functions under the domestic law of each State.

Article c The Parties shall inform regional and local authorities of the scope for action afforded to them and shall help them to avail themselves thereof.

Article d "Higher authorities" shall in the present agreement mean such authorities as shall be designated by each Party.

Article e The extent and nature of local authorities' power as defined in the domestic law of the States parties shall in no way be modified by this agreement.

Article f Each State may at any time specify the areas of its territory, the objectives and forms of co-operation which are excluded from the application of this agreement.

Such a specification shall not, however, prejudice rights acquired in the context of existing co-operation.

Article g The Parties shall keep the Secretary General of the Council of Europe informed of the activities of the commissions, committees and other bodies entrusted with a task under this agreement.

Article h The Parties may make minor changes to this agreement in the light of experience, by simple exchange of notes.

Article i 1. Each Party shall notify the other of the completion of the procedures required under its domestic law for the implementation of this agreement, which shall take effect as from the date of the last notification.

1.1 Model inter-state agreement for the promotion of transfrontier co-operation Introductory note:

This is a model inter-state agreement containing general basic provisions which could be concluded either on its own or in conjunction with one or more of the model inter-state agreements appearing below.

The governments of....................and.................................................................................aware of the advantages of transfrontier co-operation as defined in the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, have agreed as follows:

Article 1

The Parties shall undertake to seek and promote means for transfrontier co-operation at regional and local level.

By transfrontier co-operation they understand all concerted administrative, technical, economic, social or cultural measures to consolidate and enhance neighbourly co-operation between the areas situated on either side of the frontier, and the conclusion of appropriate agreements for the purpose of resolving such problems as may arise in this field.

These measures should seek, inter ale, to improve the conditions for regional and urban development, the protection of natural resources, mutual aid in case of a disaster or calamity and the improvement of public services.

Article 2

The Parties shall endeavour, through mutual consultation, to secure to the regional authorities within their jurisdiction the resources needed to permit them to establish co-operation.

Article 3

They also undertake to encourage local authority action aimed at establishing and developing transfrontier co-operation.

Article 4

Local and regional authorities engaging in transfrontier co-operation in accordance with this agreement shall be entitled to the same facilities and protection as if they were co-operating at national level.

The competent authorities of each Party shall see to it that budget provision is made for the appropriations needed to cover the running expenditure of the bodies responsible for promoting the transfrontier co-operation covered by this agreement.

Article 5

Each Party shall instruct such body, commission or institution as it shall designate to study current national legislation and regulations with a view to suggesting changes in any provisions liable to hinder the development of local transfrontier co-operation. Such bodies shall give particular consideration to improving fiscal and customs regulations, foreign exchange and capital transfer rules and procedures governing intervention by higher authorities, particularly as regards supervision or control.

Before taking the steps referred to in the above sub-paragraph, the Parties shall consult with each other as necessary and exchange any relevant information.

Article 6

The Parties shall endeavour, by arbitration or other means, to resolve matters in dispute of local importance whose prior settlement would be necessary for the success of transfrontier co-operation projects.

1.2 Model inter-state agreement on transfrontier regional consultation Introductory note:

This agreement may be concluded either individually or in conjunction with one or more of the model inter-state agreements (Texts 1.1 to 1.5) *.

Article 1

In order to promote transfrontier consultation between the regions defined in the appendix to this text, the Parties shall establish a joint commission (hereinafter referred to as "the Commission"), and if necessary one or more regional committees (hereinafter referred to as "Committees") to deal with matters relating to transfrontier consultation.

Article 2

Article 3

Each Party shall defray the expenditure of its own delegation to the Commission.

The expenditure of delegations to the Committees shall be defrayed by the authorities forming such delegations.

Article 4

purposes of co-ordination and continuity in the work of the Commission and the Committees, the Parties shall if need be establish a Secretariat whose composition, headquarters, manner of operation and financing shall be laid down in an ad hoc arrangement between them, as proposed by the Commission. Failing agreement between the Parties, the Commission itself may establish such a Secretariat.

Article 5

The frontier areas covered by this agreement shall be specified in an Annex thereto, the content of which may be amended simply by an exchange of notes.

Article 6

Article 7

Article 8

Article 9

Article 10

Article 11

1.3 Model inter-state agreement on local transfrontier consultation Introductory note:

This agreement may be concluded either individually or in conjunction with one or more of the model inter-state agreements (Texts 1.1 to 1.5)*.

Article 1

With a view to ensuring a fuller exchange of information and developing consultation between local authorities on either side of frontiers, the Parties call on such authorities to make a joint study of problems of common interest through consultation committees.

Article 2

The rules of procedure of such committees shall be agreed by their members. Higher authorities shall be associated with their proceedings or kept informed of them.

The consultation committees shall be associated with the work of regional transfrontier consultation commissions on terms to be decided by the latter, should such commissions have been set up in the regions in question. Similarly, these commissions shall give their assistance to the work of the consultation committees.

They may also act as advisory bodies in connection with the implementation of special inter-state agreements concluded in the context of transfrontier co-operation.

Article 3

The function of the consultation committees shall be to organise exchanges of information and consultations on both sides as well as to study matters of common interest and determine common aims.

Their activities shall be governed by respect for the responsibilities of their members and no transfer of powers shall be involved.

The members of these committees may, however, within the framework of co-operation agreements, decide together what measures or restrictions are to guide their respective activities or what preliminary consultation procedures they wish to see followed.

Article 4 (alternative) To assist these consultation committees in their work, the local authorities concerned may, within the limits of the powers conferred on them under domestic law, form associations to provide a legal framework for their co-operation.

Such associations shall be set up under the civil law or commercial law applicable to associations in one of the States concerned. For the application of the legal system chosen, should the occasion arise, the conditions, formalities and particular authorisations concerning the nationality of members of the associations should be disregarded.

The information provided to the higher authorities, conforming to Article 2, will include all information on the activities of the associations mentioned in the present article.

1.4 Model inter-state agreement on contractual transfrontier co-operation between local authorities Introductory note:

This agreement may be concluded either individually or in conjunction with one or more of the draft inter-state agreements (Texts 1.1 to 1.5)*.

Article 1

Transfrontier co-operation between local authorities shall be conducted inter ale by means of administrative, economic or technical contracts.

Article 2

Transfrontier co-operation contracts shall be concluded by local authorities within the limits of their powers under domestic law.

They shall inter ale relate to the provision of supplies or services, the taking of joint action, the creation of associations established on the basis of civil or commercial law of one of the States parties or the membership of such an association. 6

Article 3

The Parties to such a contract shall specify the law applicable thereto by reference to the law of contracts (both public and private) of one of the States parties to this agreement.

They shall also specify, as far as is necessary, those derogation’s that may be made from such provisions of that law as are not binding.

Failing any relevant stipulation in the contract, the law applicable shall be that of the State of whichever local authority is responsible thereunder for providing the principal service, or failing this, the local authority with the most important financial involvement.

Under all circumstances the persons subject to the local authorities parties to the contract shall retain any right to take action against or seek remedy from the said authorities which they would have enjoyed with regard to the authorities if the latter had retained their duty to provide the said persons with the supplies or services in question. The local authorities against which such action is taken or from which remedies are sought shall be entitled to institute proceedings against those local authorities which have assumed responsibility for providing the supplies or services.

Article 4

Proposals for the conclusion or amendment of contracts shall be simultaneously subject in each State to the ordinary rules governing intervention by higher authorities. However, no approval shall be required from authorities parties to the contract. Any decision taken by a higher authority which may prevent the conclusion or application, or which may provoke the cancellation, of a transfrontier co-operation contract, should imply previous consultations with the corresponding higher authorities of the other States concerned.

Article 5

In the event of a dispute, the competent judicial authority shall be determined by the applicable law. However, transfrontier co-operation contracts may include arbitration clauses.

Notwithstanding any such clauses users and third parties shall retain any existing legal remedies against the local authorities of the State to which they belong, it lying with those authorities to seek redress against the defaulting co-contractor.

Higher authorities shall take all measures in their power to secure prompt execution of judicial decisions, whatever the nationality of the court from which they emanated.

Article 6

Contracts concluded under this agreement shall remain in effect after its denunciation. However, the contracts will include a clause authorising the parties to terminate such contracts, subject to five years' notice, in the event of the denunciation of the present agreement. The States parties will have the power to bring about the application of this clause.

1.5 Model inter-state agreement on organs of transfrontier co-operation between local authorities Introductory note:

This agreement may be concluded either individually or in conjunction with one or more of the model inter-state agreements (Texts 1.1 to 1.5)*.

Article 1

For the purposes which they are permitted under domestic law to pursue through an association or consortium, local authorities and other public-law bodies may take part in associations or consortia of local authorities formed in the territory of another Party in accordance with the lather’s domestic law.

Article 2

Within the limits of their members' powers, the associations or consortia referred to in Article 1 shall be entitled to pursue their activities arising out of their statutory purpose in the territory of each of the Parties concerned. In so doing, they shall be subject to the rules laid down by that State, unless exceptions are allowed by that State.

Article 3

Article 4

Article 5

The Parties undertake to give the authorisation necessary to the accomplishment within their territory by the association or consortium of its task, subject to the requirements of public policy and public safety.

Article 6

Where, pursuant to domestic law, the association or consortium may not, on the territory of a State, exercise certain powers, rights or advantages necessary to the accomplishment of its task for the benefit of that State's member local authorities, the latter shall have the right and the duty to act for and on behalf of the association or consortium for the purpose of exercising or securing these powers, rights or advantages.

Article 7

Article 8

The supplies or services with which the association or consortium is to be entrusted, in accordance with its articles, in the territory of its members shall be provided on its responsibility, thereby completely releasing its members from their obligations in respect thereof. The association or consortium shall also be responsible vis-à-vis users and third parties. The latter shall, however, retain, with regard to the local authorities for and on whose behalf the supplies or services are provided, all such rights of action and legal remedy as they would enjoy if the authorities themselves had retained the obligation to provide them with the supplies and services concerned. The authorities against whom such action or recourse is directed may themselves take action against the association.

Article 9

Article 10The associations or consortia created according to this agreement shall remain in effect after the

1.6 Model agreement on interregional and/or intermunicipal economic and social co-operation (Alternative 1) Inter-State agreement The Governments of...............................................................and of............................................................. (Alternative A)

The states of................................................................................and of ............................................................... * wishing to promote and facilitate interregional co-operation so as to afford opportunities for improving transfrontier economic relations; * wishing to strengthen the socio-economic structure of the regions concerned with a view to improving their employment and revenue situation; * believing that the regions' endogenous assets and potential can be used to better advantage from an economic and social standpoint to the benefit of both parties, have agreed as follows:

Article 1

The Parties agree to appoint a joint interregional Commission for economic and/or social co-operation.

Article 2

The Commission is instructed. (Alternative 1) to explore the possibility of carrying through joint projects, drawing up a programme of joint action in the field of regional development and settling the details for its implementation. (Alternative 2) to consider the following project 7: and work out details for its implementation.

Article 3

The Commission shall comprise ..... places, divided equally between the Contracting Parties, and each Party shall decide on the balanced distribution of places of its delegation, under its own national law, between the territorial authorities covered by this agreement (governments, cantons, Lender, regions and/or local authorities).

In accordance with its terms of reference, the Commission shall be made up as follows:

Part A: [from the side :]                                                                      Part B: [from the side:]

[.... members designated by national [.... members designated by national authorities] authorities] .... members designated by regional .... members designated by regional authorities authorities [.... members designated by local [.... members designated by local authorities]; authorities];

Article 4

The Commission shall meet as often as necessary and shall hold at least .... meetings per year.

The chairmanship shall alternate between the two countries (... years).

The Commission may co-opt experts.

The Commission shall adopt its own rules of procedure and the rules governing the work and funding of its Secretariat.

Article 5

Each Party shall defray the expenses of its own delegation.

Article 6The present agreement is concluded:

« for the duration of the project identified under Article 2, alternative 2 »; « for a period of ... years from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire. » 8

Article 7

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ........., this ..........day of ..........., in ......... copies in the ........ and ........ languages, each text being equally authentic.

1.7 Model agreement on intergovernmental co-operation in the field of spatial planning [creation of intergovernmental commissions on transfrontier spatial planning] Inter-State agreement The Government of.......................................................and the Government of........................................................... * bearing in mind the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980); * bearing in mind the European Regional/Spatial Planning Charter (1983); * anxious to promote and facilitate co-operation in spatial planning where it relates to common frontier regions, have agreed as follows:

Article 1

A joint spatial planning commission (hereinafter referred to as "the Commission") shall be appointed.

Article 2

[In Article 2, the development projects to be undertaken and the exact objectives of the Commission are determining factors in choosing the most suitable representation.] The Commission shall comprise .... members:

In accordance with its terms of reference, the Commission shall be made up as follows:

Part A: [from the side :]                                                                      Part B: [from the side:]

[.... members designated by national [.... members designated by national authorities] authorities] .... members designated by regional .... members designated by regional authorities authorities [.... members designated by local [.... members designated by local authorities]; authorities];

Article 3

Within the framework of spatial planning activities undertaken by the parties, the Commission shall be responsible for ensuring co-operation between the frontier regions covered by these activities, for co-ordinating objectives in this field between those regions and for developing concerted action by all appropriate means within the scope of current legislation and regulation.

For this purpose, it shall: * make proposals and recommendations on spatial planning in the said regions and present them to the competent bodies: * promote co-ordination and harmonisation of the following measures: ..................................................................................................................................................

Article 4

The Commission may set up committees and/or working parties with the task of dealing with specific questions relating to a given region or a particular problem.

Article 5

The Commission shall meet as often as necessary and shall hold at least ... meetings per year.

The chairmanship shall alternate between the two countries (every two years).

The Commission may co-opt experts.

The Commission shall adopt its own rules of procedure and the rules governing the working and funding of its Secretariat.

Article 6

Each party shall defray the expenses of its own delegation.

Article 7

The present agreement is concluded for a period of ... years from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire 8.

Article 8

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ............., this .......... day of ............., in ........copies, in the ......... and .......... languages, each text being equally authentic.

1.8 Model agreement on interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning (Alternative 1) Inter-State agreement [The Governments of............................................................. and of................................................................. wishing to promote transfrontier co-operation in the field of spatial planning, have agreed that co-operation machinery shall be set up between the regional/local authority of.......................................and the regional/local authority of..............................................] (Alternative 2) Interregional and/or intermunicipal agreement The regional/local authorities of ................................................... and of...............................................................

The states of...............................................................................and of ................................................................ * bearing in mind the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980); * bearing in mind the European Regional/Spatial Planning Charter (1983); * wishing to promote and facilitate co-operation in the field of spatial planning, in particular in their common frontier regions; * convinced of the need to promote co-ordination and harmonisation of spatial planning measures in their common frontier regions; * bearing in mind the existing national and regional plans and programmes on spatial planning, have agreed as follows:

Article 1

a Within the framework of current laws and regulations, the Parties undertake to institute and develop a procedure for mutual consultation to precede the stage of planning preparation in the field of spatial development and, where appropriate, of regional development. b They shall endeavour to co-ordinate objectives and to work out joint policies in the field of spatial planning with regard to the development of their respective territories. c The Parties undertake to put in hand the measures necessary for implementing the projects co-ordinated by the competent [national] [regional] [local] authorities. (Alternative 1):

Article 2

In order to implement Article 1, the Parties shall set up a Joint Commission [a group of experts] on spatial planning.

Article 3

The Commission [group of experts] shall comprise ... representatives, ...... members from the ............. side and ... members from the ......... side.

In accordance with its terms of reference, the Commission [group of experts] shall be made up as follows:

Part A: [from the side :]                                                                      Part B: [from the side:]

[.... members designated by national [.... members designated by national authorities] authorities] .... members designated by regional .... members designated by regional authorities authorities [.... members designated by local [.... members designated by local authorities]; authorities];

Article 4The terms of reference of the Commission [group of experts] shall be:

* to organise and conduct information exchange on all aspects of spatial planning in the region under review; * to devise a procedure for consultation prior at the planning stage; * to harmonise, within their own competence, spatial development plans; * to confer together on the co-ordinated implementation of spatial development plans and projects. [Article 5 The Commission shall be served by a permanent Secretariat.]

Article 6

The Commission shall meet as often as necessary, and shall hold at least ... meetings per year.

The chairmanship shall alternate between the two countries (every two years).

The Commission may co-opt experts.

The Commission shall adopt its own rules of procedure and the rules governing the working and funding of its Secretariat.

Article 7

Each party shall defray the expenses of its own delegation.

Article 8

The present agreement is concluded for a period of ... years from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire 8.

Article 9

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ............., this .......... day of ............., in ........copies, in the ......... and .......... languages, each text being equally authentic. (Alternative 2)

Article 2

The Parties shall instruct their competent spatial and regional planning services to take whatever measures are necessary for implementing Articles 1a, b and c.

Article 3

The Parties' competent services shall defray the expenses incurred in connection with Article 2.

Article 4

The present agreement is concluded for a period of ... years from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire 8.

Article 5

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ............., this .......... day of ............., in ........ copies, in the ......... and .......... languages, each text being equally authentic.

1.9 Model agreement on the creation and management of transfrontier parks The Governments of ....................................................... and of ........................................................................... [and of........................................................................] and/or the competent territorial authorities of ............................................... and of ................................................. * the environment and developing the natural aware of the need to work together in protecting nature, landscapes and areas which are necessary to the quality of human life; * wishing to harmonise their decisions affecting the management of an area of outstanding value overlapping their common frontiers; * intent on preserving the area's natural assets and landscape features and providing the public with exceptional facilities for learning about nature and the environment, have agreed as follows:

Article 1

Article 21. The Parties undertake, each in accordance with its own laws:

Article 31. A Joint Committee 11 of ... members shall be set up, comprising:

[representatives of the State as well as regional authorities] -... members from the .... side - ... members from the .... side -[... members from the .... side] 2. The Joint Committee shall establish a local Committee, whose membership shall include representatives of the States and the regional and local authorities concerned, to take charge of implementing this agreement.

Are also included representatives of recognised private nature conservation organisations and organisations which contribute to the safeguarding of the landscape and the environment.

At least once a year the local Committee shall submit a progress report to the Joint Committee with any proposals relevant to management and development of the park.

It adopts its own rules of procedure.

The Chairmanship of the Joint Committee shall be held alternately by a member of each national delegation; the length of the chairman's term of office will be laid down in the rules of procedure.

Article 4

Each party shall defray the expenditure of its own delegation to the Joint Committee.

Article 5

This agreement is concluded for a period of ... years as from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire 8.

Article 6

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ............., this .......... day of ............., in ........ copies, in the ......... and .......... languages, each text being equally authentic.

1.10 Model agreement on the creation and management of transfrontier rural parks The Governments of ..............................................................and/or ..................................................................... the regional authorities of ...................................................... and/or ...................................................................... the local authorities of ............................................................... * aware of the need to co-operate in protecting the environment and developing the areas of particular scenic beauty and natural value which are necessary to the quality of life; * acknowledging the need of the local population to continue and develop economic and socio-cultural activities which do not damage the above mentioned values; * wishing to establish and extend facilities for natural education and outdoor recreation for the public and the population of these areas; have agreed as follows:

Article 1

Article 21. The Parties undertake, each in accordance with its own laws:

Article 31. A Joint Committee of ... members shall be set up, comprising:

A least once a year the local committee shall submit a progress report to the Joint Committee together with any proposals relevant to management and development of the park.

Article 4

Each party shall defray the expenditure of its own delegation to the Joint Committee.

Article 5

This agreement is concluded for a period of ... years as from its entry into force. It shall then be automatically renewed, for a further period of ... years, unless denounced by one of the Parties one year prior to expire 8.

Article 6

Each Party shall notify the other of the completion of the procedures required under its national law 9 for the implementation of the present agreement, which shall take effect from the date of the later notification 10.

Done at ............., this .......... day of ............., in ........ copies, in the ......... and .......... languages, each text being equally authentic.

1.11 Model inter-state agreement on transfrontier co-operation in matters concerning lifelong training, information, employment and working conditions Introductory note:

This agreement may be concluded either individually or in conjunction with one or more of the model inter-state agreements (Texts 1.1 to 1.5)*.

The governments of ....... and ......., aware of the need to ensure that populations living in the areas lying on either side of frontiers enjoy equivalent conditions with regard to lifelong training, employment and work, and information, have agreed as follows:

Article 1

All nationals of a state which is party to this agreement who reside in the area defined as the "frontier area" have right of access to the labour market of the other party(-ies) on an equal footing with nationals of the said party(-ies).

The regional authorities or, subsidiary, government authorities have defined the territory to be regarded as the "frontier area" as follows: .............. (definition).

Article 2

Frontier workers shall enjoy the same conditions of employment and work as national workers of the employing state.

Article 3

Frontier workers shall enjoy the same occupational mobility - at least within the limits of the frontier area - as workers who are nationals of the employing state.

Depending on the competence of the authorities concerned, jobless workers shall qualify for all job creation schemes.

Article 4

All institutions providing general and occupational training and all agencies providing lifelong occupational training, retraining, resettlement, etc. should be accessible to frontier populations and workers under the same conditions as for national populations and workers.

Article 5

A system will be set up for the recognition of occupational qualifications and certificates issued by institutions within the frontier area, in order to guarantee equality of treatment for people living in the frontier area of one party who wish to work or undergo further training or study in the other or one of the other party(-is).

In order to ensure equal conditions, steps should be taken to promote knowledge of the language and culture of the neighbouring border region.

Article 6

Each party shall acknowledge the capacity of the other party(is) to issue certificates and other documents whose legal validity it shall undertake to recognise.

Article 7

The competent administrative authorities of frontier regions shall enter into agreements to update the provisions of the present inter-state agreement.

Article 8

The Contracting Parties undertake to promote and implement co-operation among public employment bodies in frontier regions in order to ensure or, where applicable, improve the exchange and joint management of information concerning the employment and working conditions of frontier workers.

They shall promote the establishment of joint information centres for frontier workers, enabling the latter to obtain detailed and accurate information on all questions concerning them.

Outline agreements, contracts and statutes intended for local authorities Like States, local authorities could be offered a choice of agreements and contracts. In fact, such a choice already exists in a number of countries, as is shown by the appreciable volume of documentation on agreements concluded that has already been assembled.

The proposed system comprises six outline agreements, contracts and statutes corresponding to different degrees and formulae of local transfrontier co-operation. According to the scope and state of national legislation, these outlines may either be put to immediate use or may be subordinated to the adoption of an inter-state agreement governing their use.

In general, the conclusion of inter-state agreements, even when it does not seem absolutely essential, could help to clarify the conditions on which these agreements may be used by the local authorities. In any event, the conclusion of an inter-state agreement would seem to be a prerequisite for recourse to the agreement numbered 2.6 (transfrontier co-operation organs).

This system of outline agreements intended for local authorities corresponds to the model inter-state agreements. Reference is made to the inter-state agreements in the introductory note to each outline.

It is then possible to integrate the agreements and organs set up at local level, into the structures of transfrontier consultation to be set up at regional or national level. For example, the local liaison committees (outline 2.1) could be integrated into the structure of the Commissions, Committees and working parties stipulated in the model inter-state agreement on regional transfrontier consultation (1.2).

Also, these models have been designed on a schematic basis, as it was not possible to take a global view of all the problems that could arise in each particular case. The outlines are a valuable guide, but may be amended according to the needs encountered by the local authorities using them.

Likewise, local authorities must determine means of encouraging citizen participation in transfrontier consultation in the socio-cultural sphere.

Such participation would certainly overcome the psychological obstacles sometimes seriously impeding transfrontier co-operation. Consultation, supported by public interest, would also benefit from a solid foundation.

One way of encouraging public participation would be to have recourse to an association. Thus, one of the outlines (2.3) concerns the setting up of a private law association.

2.1 Outline agreement on the setting up of a consultation group between local authorities Introductory note:

Normally, the creation of such a group is possible without the need for inter-state agreements. There are numerous examples of such a possibility. However, if legal or other uncertainties exist, an inter-state agreement would provide the conditions under which such consultation could be used (see model agreement 1.3).

Purpose of the group and headquarters

Article 1

The local authorities Parties to this Agreement undertake to co-ordinate their efforts in the following fields within their powers (specify the field(s) of responsibility or refer to local problems"). this purpose, they hereby establish a Consultation Group, hereinafter referred to as "the Group", with headquarters at .............

The Group's function shall be to ensure the exchange of information, co-ordination and consultation between its members in the fields specified in the preceding sub-paragraph. The member authorities undertake to supply it with all information necessary for the discharge of its function and to consult each other, via the Group, prior to the adoption of decisions or measures affecting the fields specified above.

Membership

Article 2

Each participating local authority shall be represented in the Group by a delegation of ... members appointed by it. Each delegation may, with the Group's agreement, be accompanied by representatives of private socio-economic bodies and by experts (this alternative excludes entities other than local authorities from membership, which distinguishes this arrangement from the private law association dealt with under 2.3).

Possible variant: The number of members in each delegation may vary. Membership shall be open to local and regional authorities, socio-economic groups and private persons subscribing to this agreement. The Group shall decide on the admission of new members. Each delegation may, with the Group's agreement, be accompanied by representatives of private bodies and by experts.

Terms of reference

Article 3

The Group may deliberate on all matters specified in Article 1.

All questions on which a consensus is reached, and recommendations which the Group decides to make to the relevant authorities or groups, shall be recorded in the minutes.

The Group shall be authorised to commission studies and investigations on matters within its competence.

Article 4

The members of the Group may agree to entrust the Group with the execution of certain well-defined practical duties. The Group may also carry out any tasks entrusted to it by other agencies.

Operation

Article 5

The Group shall draw up its own rules of procedure.

Article 6

The Group shall, as a general rule, be convened twice a year, or at the request of one-third of its members proposing the entry of an item on its agenda.

Notice of the meeting must be given and the agenda circulated at least 15 days in advance, in order that the deliberations may be prepared by each of the institutions represented.

Article 7

The Group shall appoint from among its members a permanent Bureau whose membership and powers it shall determine.

The Chair shall be taken in accordance with the rules of procedure or, where they do not apply, by the oldest member present.

Relations with outside persons and higher authorities

Article 8

In relations with outside persons, the Group shall be represented by its Chairman, except as otherwise provided for in the rules of procedure. Higher authorities, to which members of the Group belong, may obtain from the Group such information as they may request on the Group's work and shall be authorised to send an observer to its meetings.

Secretariat and finance

Article 9

Secretarial services shall be provided by one of the member institutions (with or without a system of annual replacement).

Each authority shall be required to contribute to the cost of secretarial services as specified hereunder: ...

Information and documentation shall normally be circulated in the language of the State from which it originates.

Accession and withdrawal

Article 10

Membership of the Group shall be open to such additional local and regional authorities as may subscribe to this agreement. The Group shall decide on the admission of new members.

Article 11

Any member may withdraw from the Group by notifying the Chairman to that effect. The withdrawal of a member from the Group shall not affect its operation unless otherwise decided upon by the Group.

Article 12The Parties shall inform the Secretary General of the Council of Europe of the conclusion of this

2.2 Outline agreement on co-ordination in the management of transfrontier local public affairs Introductory note:

In several States this type of transfrontier co-operation agreement is already possible. Where this is not the case, the conditions under which such an agreement could be used should be defined within the framework of an inter-state agreement (see model agreement 1.3).

Purpose of the agreement

Article 1

Article 1 specifies the purpose of the agreement (e.g. harmonious development of frontier regions) and the fields concerned.

Territory covered by the agreement

Article 2

Article 2 should specify the territories covered by the agreement on either side (or on all three sides) of the frontier.

Undertakings

Article 3

Article 3 should define the means of achieving the aims of the agreement (Article 1). According to the material purpose of the agreement, the following undertakings may be specified: * the Parties undertake to comply with a prior consultation procedure before reaching decisions on a number of measures they have to take within the limits of their powers and of the territory administered by them; * the Parties undertake, within their territory and within the limits of their powers, to take the measures necessary to the achievement of the agreement's objectives; * the Parties undertake to do nothing detrimental to the objectives of this agreement.

Co-ordination

Article 4

Article 4 should specify, in accordance with the particular circumstances and requirements of each agreement, the arrangements for co-ordination: * either by designating for co-ordination purposes the general purpose group referred to in Outline Agreement 2.1; * or by providing for the establishment of a specific consultation group for the purpose of this agreement; * or simply by means of direct bilateral contracts between the authorities concerned.

Conciliation

Article 5

Each member of the Group (each Party, if there is no Group) may raise with the Group (the other Party, if there is no Group) any case in which it considers that the agreement has not been observed in that: * either there has been no prior consultation; * or the measures taken are not in keeping with the agreement; * or the measures necessary to the achievement of the aims of the agreement have not been taken.

If the Parties fail to reach agreement, the dispute may be referred to a Conciliation Board entrusted with ensuring compliance with the undertakings entered into.

Controlling Body

Article 6

The Parties may agree to set up a specific Controlling Body to ensure compliance with the undertakings entered into, composed of an equal number of experts appointed by each Party and a neutral expert whose appointment or the mode of such appointment shall be provided for in advance.

The Controlling Body shall give an opinion, which it shall have the authority to make public, as to whether the agreement has been observed.

Article 7

The Parties shall inform the Secretary General of the conclusion of this agreement and supply him with the text.

2.3 Outline agreement on the setting up of private law transfrontier associations Introductory note:

It is assumed that the local authority of one State may belong to a private law association of another State in accordance with the same rules and conditions as apply to that local authority's membership of a private law association in its own State. If such is not the case at present, the possibility should be expressly provided for by means of an inter-state agreement between the States concerned (see inter-state model agreements 1.3 and 1.4).

Private associations are normally required to comply with rules laid down in the law of the country where they have their headquarters. The following list shows the provisions which should be included in their articles, where this is not specified by law. The provisions governing consultation groups (see outline agreement 2.1) may also apply, mutates mutants, to associations of this type.

The association's Articles should specify:

2.4 Outline contract for the provision of supplies or services between local authorities in frontier areas ("private law" type) Introductory note:

It is assumed that local authorities have the right to conclude such a contract with local authorities of other countries. Where this is not the case, this possibility should be expressly provided for within the framework of an inter-state agreement (see model agreement 1.4).

This is a type of contract which may be used by local authorities for sales, leases, works contracts, the supply of goods or services, the granting of operating concessions, etc. Local authorities' use of "private law" contracts is permitted to varying degrees in national legislation and practice and it is difficult to draw the line between "public-law" and "private-law" contracts. Nevertheless it may be assumed that this type of contract may be used wherever, according to the prevailing interpretation in each particular country, the agreement concerns an operation of a commercial or economic type for which a private person or corporate body could also have contracted. In the case of operations which involve action by local authorities in the exercise of functions reserved to public authority, the supplementary rules specified in the "public-law" outline contract (see 2.5) must be borne in mind, in addition to the provisions set out below.

Parties

Article 1

specifies the Parties (and whether the agreement is open to other local authorities).

Article 2

specifies the problems connected with general contractual powers and, in particular, beneficiaries and terms and conditions. It may also, where appropriate, specify the necessary reservations regarding authorisation by higher authorities, where this affects the applicability of the contract.

Object of the contract Article 3 specifies the object of the contract by reference to: * specific matters; * geographical areas; * corporate bodies (municipalities, national bodies with local powers, etc.); * specific legal forms.

Article 4

specifies the duration of the contract, the conditions for renewal and any completion dates.

Legal regime and financial provisions

Article 5

indicates the place of signature and performance of the contract and specifies the legal regime by which it is governed (private international law) and the law which applies.

Article 6

deals, where appropriate, with financial questions (currency in which payment is to be made and the mode of price adjustment in the case of long-term services) and insurance.

Arbitration Article 7 provides, if necessary, for a conciliation procedure and provides for an arbitration procedure.

In the event of arbitration, the arbitration board shall be made up as follows: * each Party with opposing interests (Variant: the presidents of the administrative courts with jurisdiction over each of the parties) shall designate a member of the arbitration board and the Parties shall jointly appoint one or two independent members so that there may be an odd number of members; * where there is an even number of members of the arbitration board and the votes are tied, the independent member shall have a casting vote.

Alteration and termination of the contract

Article 8

specifies the rules to apply in the event of alteration or termination of the contract.

Article 9

The Parties shall inform the Secretary General of the Council of Europe of the conclusion of this agreement and supply him with the text.

2.5 Outline contract for the provision ofsupplies or services between local authorities in frontier areas ("public-law" type) Introductory note:

This type of contract is similar to that dealt with under 2.4 ("private-law" contracts) in that it relates to specific purposes.

This type is more particularly concerned with concessions or contracts for public services or public works (or services or works which are regarded as "public" by one of the countries concerned), or the provision of contributory finance 17, from one authority to another on the other side of the frontier. Such public concessions entail special risks and responsibilities related to the public services provided which require the inclusion in the contract of other provisions in addition to those specified in the model "private-law" contract. "Transfrontier" contracts of this type are not necessarily permitted in all countries. Consequently, the possibility of such arrangements and the conditions for their use would often first have to be provided for in an inter-state agreement (see model agreement 1.4).

The use of such a contract, which is simple enough to devise and implement, could in some cases obviate the need for a joint agency of the "Transfrontier Syndicate of Local Authorities" type (see 2.6), which raises other legal problems.

Contractual provisions Where the contract involves the establishment or administration of public property, a public service or facility belonging to a local authority in at least one of the countries, contractual guarantees must be specified in accordance with the rules which apply in the country or countries concerned.

The contract will also, where necessary, make reference to the following specific conditions:

In addition to these special requirements, the provisions specified in the specimen "private-law" contract 2.4 will also apply.

2.6 Outline agreement on the setting up of organs of transfrontier co-operation between local authorities Introductory note:

It is assumed that several local authorities may get together and form a legally based organisation with a view to providing and operating some public utility, service or facility body.

The creation and functioning of such an association or syndicate will mainly depend on the applicable legislation and the provisions of any previous inter-state agreement authorising this form of co-operation (see model agreement 1.5).

There follows a list of the provisions that the articles of association should include, insofar as they are not embodied in the applicable legislation.

The articles of association should specify inter ale:

2.7 Model agreement on interregional and/or intermunicipal economic and social co-operation (see par. 1.6) 2.8 Model agreement on interregional and/or co-operation in the field of spatial planning (see par. 1.8) 2.9 Model agreement on the creation and management of transfrontier parks (see par. 1.9) 2.10 Model agreement on the creation and management of transfrontier rural parks (see par. 1.10) 2.11 Model agreement on the creation and management of transfrontier parks between private law associations The association ........................................................ the association ........................................................ [and the association ................................................],* * * aware of the need to work together in protecting the environment and developing the natural areas which are necessary to the quality of human life; * wishing to co-ordinate their activities with a view to preserving the area's natural assets and landscape features; * gathered at a constituent General Assembly held in ..............................................on ..................................... * have agreed as follows:

Article 11. There shall be established a private law transfrontier association:

The members of the Bureau shall be appointed by the General Assembly (meeting in ordinary session).

Their term of office shall not exceed ............. years and may be renewed for a period of .............

The General Assembly shall meet at least once a year. Its proceedings shall not be valid unless two-thirds of its members are present.

The decisions shall be taken by a [relative] [absolute] majority of the members.

Any member unable to attend may authorise another member [of the same nationality] to vote on his behalf. No member may hold more than .... votes.

The ASSOCIATION may be dissolved by virtue of an amicable agreement between the parties or a decision taken by a majority of the members present at a meeting of the General Assembly convened in the proper way.

Article 2

This co-ordination will involve in particular:

Article 3

The above mentioned joint action programmes of mutual interest shall be adopted by mutual agreement between the associations responsible for management of the nature parks concerned, within the deliberative and decision-making body referred to as the General Assembly.

Article 4

The joint action programmes of mutual interest shall determine the time-limits, aims and means of financing of the activities undertaken, as well as the material questions relating to management. They shall also specify the procedure for calculating each Contracting Party's financial contribution.

Furthermore, provision shall be made for an adjustment to bring the contributions into line with new circumstances arising during the course of the programme.

Article 5

The Parties undertake to implement the provisions of this agreement [and those of any joint action programmes of mutual interest signed in accordance with it].

Article 6

This agreement is concluded for a period of ... years as from its entry into force. It shall be automatically renewed for further successive periods of ... years unless denounced by one of the Parties one year prior to expire.

Article 7

Each Party shall notify the other of the completion of the procedures required by its domestic law for the enry into force of this agreement, which shall take effect on the date of the last notification.

2.12 Model agreement between local and regional authorities on the development of transfrontier co-operation in civil protection and mutual aid in the event of disasters occuring in frontier areas (Outline) The local authorities (or regions) of .............................................. and ............................................... within the jurisdiction of the states of ............................................... and of ......................................... * * * * which are Parties to the Inter-State Agreement on the Promotion of Transfrontier Co-operation 14 * * * * which have acceded to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities Resolved to assist each other in the event of disasters occurring in either of their territories;

Convinced of the need for joint pursuit of all action to prevent such disasters and for assistance to be made as effective as possible in order to cope with the effects of such occurrences, Have agreed as follows:

Article 1

The Contracting Parties undertake to afford each other, as far as they are competent and able, the assistance provided for in this agreement in the event of disasters 15 occurring in any of their territories.

Article 2

Article 3

Article 3

In dispatching the supplies referred to in sub-paragraphs (a) and (b) above, the supplying authority shall inform the authority to whom they are sent whether they are supplied on loan or as gifts.

Article 4

Article 5

Article 6

As an alternative to Article 6, the text set out below, based on bilateral conventions concluded by the Federal Republic of Germany with France and Luxembourg on mutual aid in the event of disasters or serious accidents, might be used:

Article 6

Article 7

As an alternative to Article 7, the text set out below based on the bilateral conventions concluded by the Federal Republic of Germany with France and Luxembourg on mutual aid in the event of disasters or serious accidents, might be used:

Article 7

Article 8

The assistance operations effected by virtue of this agreement shall cease when the authority which asked for assistance so request.

Article 9

In order to facilitate the application of this agreement, the Contracting Parties shall endeavour regularly to organise staff exchanges and joint training exercises for the relevant relief personnel.

Article 10

The Contracting Parties undertake to inform the Secretary General of the Council of Europe of the conclusion of this agreement and to forward the text thereof to him.

Done at ........................... this .................. day of ................. in ................................. and .................. in two copies, both texts being equally authentic.

For the local authority For the local authority (region) of (region) of FOOTNOTES Footnote 1 Additional model and outline agreements have been authorised for publication; they are appended to this Convention and numbered 1.6 to 1.11 and 2.7 to 2.12.

Footnote 2 As stated in Article 3, first paragraph, second sub-paragraph, of the Convention, the model and outline agreements, statutes and contracts are intended for guidance only and have no treaty value.

Footnote 3 Paragraph 2 will not be included in draft agreements 1.3, 1.4 and 1.5.

Footnote 4 The figures given for the number of members of the Commission are intended for guidance only and should be adapted to individual situations, as indeed should all the provisions in this model agreement. By giving figures the authors of the model agreements intended to highlight the need for efficient commissions with relatively few members. They also wanted to give an indication of the ratio to be maintained between representatives of central authorities on the one hand and of regional authorities on the other.

Footnote 5 This list is given merely for guidance and should be adapted to each co-operation project. It is not to be interpreted as modifying the powers vested in territorial authorities by domestic law. Both central and regional authorities are, after all, represented on the Commission.

Footnote 6 The coherence of this agreement remains the same whether or not this paragraph is included.

Footnote 7 In this connection, see the list of subject areas contained in Article 6 of the Model Inter-State Agreement on Transfrontier Regional Consultation which appears as Model Agreement No. 1.2 in the Appendix to the European Outline Convention on Transfrontier Co-operation.

Footnote 8 Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Footnote 9 The agreement shall specify, providing details, where appropriate: a the procedures required by the national law of Parties to the agreement which may apply to the following questions: * name and address of the Commission; * precise definition of the powers assigned to the Commission; * regulations governing decision-making methods; * reference to the public nature of deliberations; * definition of the relevant rules with regard to budget and estimates; * definition of the methods of funding projects; * definition of the methods of amending the rules (i.e. the terms of the agreement); * definition of the methods of admission to and withdrawal from membership; * etc. b specifications required by Community directives and regulations for access to the structural Funds.

Footnote 10 For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1 above) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Footnote 11 In establishing a Joint Committee, one can take into account the existing institutions for transfrontier co-operation.

Footnote 12 The need for local committee to be set up will depend on the composition of the Joint Committee and the status of the Signatories to this model agreement.

Footnote 13 This last clause applies only to rural parks in which such economic and socio-cultural activities are organised.

Footnote 14 This inter-state agreement could be based on Model Agreement 1.1, appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Footnote 15 E.g.: earthquakes volcanic eruptions, floods, fires, etc.

Footnote 16 The authorities concerned on each side of the border could themselves jointly set up and manage contingency funds for disasters occurring in their territory. In the agreement itself, they might agree to attempt to set up such a fund, which could be financed by contributions from the industries concerned.

Footnote 17 This arrangement might be particularly useful to frontier authorities, e.g. in the case of pollution: one authority might offer another contributory finance to enable it to carry out work within its competence but of value to the first.

N.B.

The Parties' attention is drawn to the fact that if they do not retain in the agreements to be concluded both Articles 6 and 7 proposed above as an alternative, but only one of them, they should ensure that the article retained is compatible with the other relevant articles; accordingly, responsibility for the cost of assistance or responsibility for damage to property and injuries.

Note * See footnote 2 above.

Note * * whose Articles of Association are appended hereto.

Note * * * Delete when necessary.