ТИПОВОЕ МЕЖГОСУДАРСТВЕННОЕ СОГЛАШЕНИЕ О РЕГИОНАЛЬНЫХ ПРИГРАНИЧНЫХ КОНСУЛЬТАЦИЯХ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
1.2 Model inter-state
on transfrontier regional consultation
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>
<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.
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.
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>
<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.
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.
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.
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
1 The matters dealt with under transfrontier
consultations shall be those arising in the following fields <7>:
<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;
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.);
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
- mutual assistance in disaster relief (fire, flood,
epidemics, air crashes, earthquakes, mountain accidents, etc.);
tourism (joint projects for the promotion of tourism);
relating to frontier workers (transport facilities, housing, social security,
taxation, employment, unemployment, etc.);
- economic projects (new
- miscellaneous projects (refuse disposal plant,
- improvement of the agrarian system;
2 The Parties may agree to amend this list by simply
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.
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.
Commission may avail itself of the services of experts for the investigation of
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.
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.
1 The Committees shall inform the
Commission of matters referred to them and of the conclusions which they have
2 Where their conclusions require decisions by the Commission
or by the respective governments, the Committees shall make recommendations to
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.
Commission and the Committees shall exchange information on the decisions
reached in this respect.
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.