Типовое межгосударственное соглашение о региональных приграничных консультациях (англ.)
Приложение
к Конвенции Совета
Европы
от 21.05.1980 No. 106
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). <5>
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<5> Additional model and outline
agreements have been authorized for publication; they are appended to this
Convention and numbered 1.6 to 1.13 and 2.7 to 2.15.
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.
<6>
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<6> 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.
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 fields <7>:
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<7> 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.
- 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 opinions 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.