Par Eiropas pamatkonvenciju par teritoriālo kopienu vai pārvaldes institūciju pārrobežu sadarbību un tās papildprotokolu

Par Eiropas pamatkonvenciju par teritoriālo kopienu vai pārvaldes institūciju pārrobežu sadarbību un tās papildprotokolu Uzmanību! Jūs lietojat neatbilstošu interneta pārlūkprogrammu. Lai varētu lietot visas Likumi.lv piedāvātās iespējas, piedāvājam BEZ MAKSAS ielādēt jaunāku pārlūkprogrammas versiju. Iesakām izmēģināt arī vietnes MOBILO VERSIJU - m.likumi.lv (piemērota arī mazāk jaudīgiem datoriem). nerādīt turpmāk šo paziņojumu Apstiprināt Paldies par viedokli!   Rādīt vēlāk LATVIJAS REPUBLIKAS TIESĪBU AKTI veidi tēmas visvairāk skatītie jaunākie LV  EN uz sākumu meklēt Izvērstā meklēšana Noklusējuma vērtības Izvērstā meklēšana Kā meklēt? Meklēt nosaukumā meklēt locījumos meklēt frāzi Meklēt tekstā meklēt locījumos meklēt frāzi Izdevējs Veids nemeklēt grozījumos Pieņemts Stājas spēkā Dokumenta Nr. līdz līdz Publicēts LV Zaudējis spēku Redakcija uz līdz līdz Statuss: spēkā esošs vēl nav spēkā zaudējis spēku meklēt notīrīt Attēlotā redakcija Saeima ir pieņēmusi un Valsts prezidents izsludina šādu likumu: Par Eiropas pamatkonvenciju par teritoriālo kopienu vai pārvaldes institūciju pārrobežu sadarbību un tās papildprotokolu 1.pants. 1980.gada 21.maija Eiropas pamatkonvencija par teritoriālo kopienu vai pārvaldes institūciju pārrobežu sadarbību (turpmāk — Konvencija), Konvencijas pielikums "Tipveida nolīgumi un paraugnolīgumi, paraugstatūti un parauglīgumi starp teritoriālajām kopienām vai pārvaldes institūcijām" (turpmāk — Pielikums) un Konvencijas 1995.gada 9.novembra papildprotokols (turpmāk — Papildprotokols) ar šo likumu tiek pieņemti un apstiprināti. 2 2.pants. Likums stājas spēkā tā izsludināšanas dienā. Līdz ar likumu izsludināma Konvencija, Pielikums un Papildprotokols angļu valodā un to tulkojums latviešu valodā. 3 3.pants. Konvencijas 3.panta 5.punktā minētā institūcija, kas veic pašvaldību darbības likumības pārraudzību Latvijas Republikā, ir Vides aizsardzības un reģionālās attīstības ministrija. 4 (Ar grozījumiem, kas izdarīti ar 22.05.2003. un 16.12.2010. likumu, kas stājas spēkā 01.01.2011.) 4.pants. Saskaņā ar Papildprotokola 8.pantu Latvijas Republika piemēro tā 4.panta noteikumus. 5 5.pants. Konvencija un Pielikums stājas spēkā Konvencijas 9.pantā paredzētajā laikā un kārtībā, Papildprotokols stājas spēkā tā 11.pantā noteiktajā laikā un kārtībā, un par to Ārlietu ministrija paziņo laikrakstā "Latvijas Vēstnesis". 6 Likums Saeimā pieņemts 1998.gada 16.oktobrī. Valsts prezidenta vietā Saeimas priekšsēdētājs A. Čepānis Rīgā 1998.gada 22.oktobrī European Outline Convention On Transfrontier Co-operation Between Territorial Communities Or Authorities 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 1. For the purpose of this Convention, transfrontier co-operation shall mean any concerted action designed to reinforce and foster neighbourly relations between territorial communities or authorities within the jurisdiction of two or more Contracting Parties and the conclusion of any agreement and arrangement necessary for this purpose. Transfrontier co-operation shall take place in the framework of territorial communities' or authorities' powers as defined in domestic law. The scope and nature of such powers shall not be altered by this Convention. 2. For the purpose of this Convention, the expression "territorial communities or authorities" shall mean communities, authorities or bodies exercising local and regional functions and regarded as such under the domestic law of each State. However, each Contracting Party may, at the time of signing this Convention or by subsequent notification to the Secretary General of the Council of Europe, name the communities, authorities or bodies, subjects and forms to which it intends to confine the scope of the Convention or which it intends to exclude from its scope. Article 3 1. For the purpose of this Convention the Contracting Parties shall, subject to the provisions of Article 2, paragraph 2, encourage any initiative by territorial communities and authorities inspired by the outline arrangements between territorial communities and authorities drawn up in the Council of Europe. If they judge necessary they may take into consideration the bilateral or multilateral inter-state model agreements drawn up in the Council of Europe and designed to facilitate co-operation between territorial communities and authorities. 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. 2. If the Contracting Parties deem it necessary to conclude inter-state agreements, these may inter alia establish the context, forms and limits within which territorial communities and authorities concerned with transfrontier co-operation may act. Each agreement may also stipulate the authorities or bodies to which it applies. 3. The above provisions shall not prevent the Contracting Parties from having recourse, by common consent, to other forms of transfrontier co-operation. Similarly, the provisions of this Convention should not be interpreted as invalidating existing agreements on co-operation. 4. Agreements and arrangements shall be concluded with due regard to the jurisdiction provided for by the internal law of each Contracting Party in respect of international relations and general policy and to any rules of control or supervision to which territorial communities or authorities may be subject. 5. To that end, any Contracting Party may, when signing the present Convention or in a later communication to the Secretary General of the Council of Europe, specify the authorities competent under its domestic law to exercise control or supervision with regard to the territorial communities and authorities concerned. 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 1. The Contracting Parties shall forward to the Secretary General of the Council of Europe all relevant information concerning the agreements and arrangements provided for in Article 3. 2. Any proposal made by one or more Contracting Parties with a view to adding to or extending this Convention or the model agreements and arrangements shall be communicated to the Secretary General of the Council of Europe. The Secretary General shall then submit it to the Committee of Ministers of the Council of Europe which shall decide on the action to be taken. Article 9 1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe. 2. The Convention shall enter into force three months after the date of the deposit of the fourth instrument of ratification, acceptance or approval, provided that at least two of the States having carried out this formality possess a common frontier. 3. In respect of a signatory State ratifying, accepting or approving subsequently, the Convention shall come into force three months after the date of the deposit of its instrument of ratification, acceptance or approval. Article 10 1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may decide unanimously to invite any European non-member State to accede thereto. This invitation must receive the express agreement of each of the States which have ratified the Convention. 2. Such accession shall be effected by depositing with the Secretary General of the Council of Europe an instrument of accession which shall take effect three months after the date of its deposit. Article 11 1. Any Contracting Party may, in so far as it is concerned, denounce this Convention by means of notification addressed to the Secretary General of the Council of Europe. 2. Such denunciation shall take effect six months after the date of receipt by the Secretary General of such notification. 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. Appendix 2 Model and Outline Agreements, Statutes and Contracts on Transfrontier Co-operation between Territorial Communities or Authorities 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. 1. Model inter-state agreements General clauses for model agreements 1.1. Model inter-state agreement for the promotion of transfrontier co-operation 1.2. Model inter-state agreement on regional transfrontier consultation 1.3. Model inter-state agreement on local transfrontier consultation 1.4. Model inter-state agreement on contractual transfrontier co-operation between local authorities 1.5. Model inter-state agreement on organs of transfrontier co-operation between local authorities 1.6. Model agreement in interregional and/or intermunicipal economic and social co-operation 1.7. Model agreement on inter-governmental co-operation in the field of spatial planning 1.8. Model agreement in interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning 1.9. Model agreement on the creation and management of transfrontier parks 1.10. Model agreement on the creation and management of transfrontier rural parks 1.11. Model inter-state agreement on transfrontier co-operation in matters concerning lifelong training, information, employment and working conditions 1.12. Model inter-state agreement for the promotion of transfrontier or transnational school co-operation 1.13. Model agreement on transfrontier or interterritorial co-operation concerning land use along transfrontier rivers 2. Outline agreements, statutes and contracts between local authorities 2.1. Outline agreement on the setting up of a consultation group between local authorities 2.2. Outline agreement on co-ordination in the management of transfrontier local public affairs 2.3. Outline agreement on the setting up of private law transfrontier associations 2.4. Outline contract for the provision of supplies or services between local authorities in frontier areas (private-law type) 2.5. Outline contract for the provision of supplies or services between local authorities in frontier areas (public-law type) 2.6. Outline agreement on the setting up of organs of transfrontier co-operation between local authorities 2.7. Model agreement in interregional and/or intermunicipal economic and social co-operation (see para. 1.6) 2.8. Model agreement in interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning (see para. 1.8) 2.9. Model agreement on the creation and management of transfrontier parks (see para. 1.9) 2.10. Model agreement on the 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 2.13. Model agreement on transnational co-operation between schools and local communities 2.14. Model agreement on the institution of a transfrontier school curriculum 2.15. Model agreement on transfrontier or interterritorial co-operation concerning land use along transfrontier rivers 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. 2. For the purposes of this agreement "regional authorities" shall mean authorities, communities or bodies exercising regional functions under the domestic law of each State.3 Article b This agreement shall not prejudice various existing forms of transfrontier co-operation between the States parties, particularly those based on an international agreement. 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. 2. This agreement is concluded for a period of five years from its entry into force. Unless six months' notice of termination be given prior to its expiry, it shall be tacitly renewed on the same terms for successive further periods of five years. 3. The Party giving notice of termination may signify that it applies only to specified articles, geographical regions or fields of activity. In such a case, the agreement shall remain in force for the remainder, unless terminated by the other Party or Parties within four months of receiving notice of partial termination. 4. The Parties may at any time suspend application of the present agreement for a specific period. They may similarly agree that the activity of a particular committee be suspended or discontinued. 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 alia , 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 1. The Commission and Committees comprise delegations whose members are chosen by each of the Parties. 2. Delegations to the Commission shall comprise not more than 8 members, of whom at least 3 shall represent the regional authorities. The chairman of delegations to the Committees, or their representatives, shall take part, in an advisory capacity, in the proceedings of the Commission.4 3. The Committees shall be composed of ... delegations, each comprising ... members, and shall be formed at the instigation of the Commission in agreement with the regional and local authorities of the frontier areas covered by this agreement. Delegations to the Committees shall be composed of representatives of those authorities or of regional or local bodies. One delegate shall be appointed by the central authorities. He shall, where appropriate, be chosen from among the bodies representing the central authorities in the frontier areas for which the Committees are responsible. 4. The Commission shall meet at least once per year. The Committees shall meet as required, but at least twice per year. 5. The Commission and the Committees shall draw up their own rules of procedure. 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 1. The matters dealt with under transfrontier consultations shall be those arising in the following fields5: — urban and regional development; — transport and communications (public transport, roads and motorways, joint airports, waterways, seaports, etc); — energy (power stations, gas, electricity and water supplies); — nature conservation (places requiring protection, recreation areas, natural parks, etc); — water conservation (pollution control, treatment plants, etc); — protection of the atmosphere (air pollution, noise abatement, noise-free zones, etc); — education, training and research; — public health (eg use of medical facilities in one of the areas by the inhabitants of another); — culture, leisure and sport (theatres, orchestras, sports centres, holiday homes and camps, youth centres, etc); — mutual assistance in disaster relief (fire, flood, epidemics, air crashes, earthquakes, mountain accidents, etc); — tourism (joint projects for the promotion of tourism); — problems relating to frontier workers (transport facilities, housing, social security, taxation, employment, unemployment, etc); — economic projects (new industry, etc.); — miscellaneous projects (refuse disposal plant, sewerage, etc); — improvement of the agrarian system; — social facilities. 2. The Parties may agree to amend this list by simply exchanging notes. Article 7 1. Unless otherwise provided, the Commission shall be responsible for dealing with general matters and matters of principle, such as drawing up programmes for the Committees, co-ordination and contact with the central administrations concerned and with joint Commissions established before the entry into force of this agreement. 2. The Commission shall in particular be responsible for referring to the respective governments, as appropriate, its own and the Committees' recommendations and any projects for the conclusion of international agreements. 3. The Commission may avail itself of the services of experts for the investigation of particular questions. Article 8 1. The primary function of the Committees shall be to investigate problems arising in the fields specified in Article 6 and to make proposals and recommendations accordingly. Such problems may be referred to them by the Commission, by the Parties' central, regional or local authorities and by institutions, associations or other public or private bodies. They may also take up matters on their own initiative. 2. The Committees may, for the purpose of studying these matters, set up working parties. They may also avail themselves of the services of experts, and request legal opninions or technical reports. The Committees shall, through the fullest possible consultation, seek to obtain results in keeping with the interests of the population concerned. Article 9 1. The Committees shall inform the Commission of matters referred to them and of the conclusions which they have reached. 2. Where their conclusions require decisions by the Commission or by the respective governments, the Committees shall make recommendations to the Commission. Article 10 1. Both the Commission and the Committees shall be empowered to settle matters of common interest which are referred to them with the members' agreement, provided that their members hold powers in respect thereof according to the legislation of the Parties. 2. The Commission and the Committees shall exchange information on the decisions reached in this respect. Article 11 1. The delegations to the Commission or the Committees shall exchange information on the action taken by the competent authorities on recommendations made or agreements drafted in accordance with Article 7.2 and Article 9.2. 2. The Commission and the Committees shall consider the action required on the measures taken by the competent authorities referred to in paragraph 1. 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 alia 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 alia 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 derogations 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 latter'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 1. The instrument of establishment of the association or consortium, the articles of association and any alterations thereto shall be subject to approval by the higher authorities of all the local authorities participating. The same shall apply to admission to an already existing association or consortium. 2. The population concerned shall be notified of such instruments and the approval thereof, in accordance with each country's normal publicity arrangements. The same shall apply to any change in official headquarters and to any decisions regarding the persons authorised to act on behalf of the association or consortium and the limits of their powers. 3. The above instruments shall be drawn up in the official languages in use in each of the States where they are to have effect. Each such version of the text shall be authentic. Article 4 1. The articles of association shall specify rules governing the association's or consortium's relations in law. They shall include the subjects required by the relevant legislation, in accordance with Article 1 In every case, they shall designate its members, its name and its headquarters. They shall determine the purpose of the association or consortium and, where appropriate, the functions of its installations and the location thereof. They shall determine the manner of appointment of the managerial and administrative bodies, the extent of the members' obligations and their contribution to joint expenditure. The management bodies shall include at least one representative of the member local authorities of each country. The articles of association shall determine the composition and the mode of deliberation of the General Assembly, the form of minutes of sittings, the mode of dissolution or liquidation and the rules governing budgets and accounts. 2. The articles shall also include a provision whereby members may withdraw from the association on giving a period of notice which will be fixed by the articles, after settlement of any debts to the association and on payment to the association of compensation, as assessed by experts, in respect of investment effected or expenditure incurred by the association for or on behalf of the members concerned. They shall also specify rules governing members' dismissal or exclusion for failure to honour their undertakings. 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 1. Powers of supervision or control over the association or consortium shall be exercised, in accordance with domestic law, by the responsible authorities of the State in which its headquarters are located. Such authorities shall also ensure that the interests of local authorities of other States are safeguarded. 2. The responsible authorities of the other States shall have a right to information on the activities and decisions of the association or consortium and on action taken in the exercise of supervision or control. They shall, in particular, be supplied on request with the adopted texts and minutes of meetings of the bodies of the association or consortium, the annual accounts and the draft budget, if any, insofar as domestic law requires that these be communicated to the authorities responsible for supervision or control. They may communicate directly with the bodies of the association or consortium and with the supervisory or controlling authorities, submit observations to them or ask to be directly consulted in specific instances and on specific matters. 3. The responsible authorities of the other States shall also have the right to notify the association or consortium that they object to those authorities falling under their jurisdiction continuing to take part in the association or consortium. Such notification, duly justified, shall be deemed to be grounds for exclusion and shall be specified as such in the association's articles. The authorities referred to in paragraphs 1 and 2 of this article shall also be entitled to be represented by a delegate to the management bodies of the association or consortium; such delegate shall be entitled to attend all the bodies' meetings and to receive their agendas and minutes. 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-a-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 1. Failing conciliation, disputes between the association and its members, or between several members, regarding its operation shall be referred to the administrative and judicial authorities of the State in which the headquarters of the association or consortium are located. 2. All disputes other than those referred to in paragraph 1 may be referred to the administrative and judicial authorities according to the ordinary rules applying in the territory of the State parties, unless those interested decide to refer such disputes to a tribunal which they may designate. 3. The State parties will take the necessary measures in order to ensure the execution on their territory of decisions and judgments, relating to the above provisions. Article 10 The associations or consortia created according to this agreement shall remain in effect after the denunciation of this agreement, though without prejucide to the provisions of Article 7, paragraph 3. 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) — wishing to promote interregional economic and social co-operation in the interest of developing their respective frontier regions, have agreed as follows: (Alternative B) — wishing to promote economic and social co-operation between the regions of ........... and of .............. in the interests of the development of both regions, have agreed as follows: (Alternative 2) Interregional and/or intermunicipal agreement The regional/local authorities of ............................................................................ and of ................................................................................ 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 project7: ................................................................................ ................................................................................ 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: Party A:. [from the ...... side:] [.... members designated by national authorities] .... members designated by regional authorities [.... members designated by local authorities]; Party B:. [from the ..... side:] [.... members designated by national authorities] .... members designated by regional authorities [.... members designated by local 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 6 The present agreement is concluded: ; 8 Article 7 Each Party shall notify the other of the completion of the procedures required under its national law9 for the implementation of the present agreement, which shall take effect from the date of the later notification10. 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: — ... members from the ......................... side and — ... members from the ......................... side; In accordance with its terms of reference, the Commission shall be made up as follows: Party A: [from the ....... side:] . ... members designated by national authorities . ... members designated by regional authorities [... members designated by local authorities]; Party B: [from the ....... side:] . ... members designated by national authorities . ... members designated by regional authorities [... members designated by local 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 expiry11. Article 8 Each Party shall notify the other of the completion of the procedures required under its national law12 for the implementation of the present agreement, which shall take effect from the date of the later notification13. 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: Party A:. [from the ...... side:] ([.... members designated by national authorities]) .... members designated by regional authorities [.... members designated by local authorities]; Party B:. [from the ..... side:] ([.... members designated by national authorities]) .... members designated by regional authorities [.... members designated by local authorities]; Article 4 The 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 expiry14. Article 9 Each Party shall notify the other of the completion of the procedures required under its national law15 for the implementation of the present agreement, which shall take effect from the date of the later notification16. 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 expiry17. Article 5 Each Party shall notify the other of the completion of the procedures required under its national law18 for the implementation of the present agreement, which shall take effect from the date of the later notification19. 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 ................................................................................ — aware of the need to work together in protecting nature, landscapes and the environment and developing the natural 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 1. The Parties agree that this area shall be designated "....................................... TRANSFRONTIER PARK". 2. The park shall comprise: . on the ............. side, the area situated ................ . on the ............. side, the area situated ................ [. on the ............. side, the area situated ................] 3. The precise boundaries of the park are shown on the map which is attached to this agreement and is an integral part thereof. Article 2 1. The Parties undertake, each in accordance with its own laws: — to maintain and improve the natural landscape and its specific character; — to protect and enrich its natural heritage (fauna, flora, habitats); — to take the necessary steps to preserve the factors likely to influence the above-mentioned ecological and physical assets of the transfrontier park and the environment; — to protect and enhance the cultural heritage (whether architectural, archaeological, rural or historical); — to promote information, education and reception facilities as part of a general policy for environmental appreciation and the interpretation of the natural and cultural heritage; — to supervise and guide the economic, social and cultural activities in the park which further the aims stated above without transforming its character. 2. To this end, the Parties undertake to harmonise their methods of management and to co-ordinate all development projects or improvements by means of a comprehensive action programme leading ultimately to joint management of the park based on a joint management plan. The Parties will promote the exchange of information and experience. Article 3 1. A Joint Committee20 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. 3. The Joint Committee may set up any other committee or working party. 4. The Joint Committee's terms of reference shall be: — to ensure transfrontier co-operation through co-o …