ТИПОВОЕ МЕЖГОСУДАРСТВЕННОЕ СОГЛАШЕНИЕ О СОЗДАНИИ ОРГАНОВ ПРИГРАНИЧНОГО СОТРУДНИЧЕСТВА МЕСТНЫХ ВЛАСТЕЙ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
1.5 Model inter-state
on organs of transfrontier co-operation
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) <11>.
<11> 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.
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.
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
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.
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.
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.
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.
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.
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.
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.
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.
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
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.
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.