ТИПОВОЕ СОГЛАШЕНИЕ О ПРИГРАНИЧНОМ ИЛИ МЕЖТЕРРИТОРИАЛЬНОМ СОТРУДНИЧЕСТВЕ ПО ИСПОЛЬЗОВАНИЮ ЗЕМЕЛЬ ВДОЛЬ ПОГРАНИЧНЫХ РЕК (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
1.13 Model agreement
on transfrontier or interterritorial co-operation
concerning land use
along transfrontier rivers
The [states/regional authorities/local
authorities] <34> of ....., (hereinafter: Contracting Parties) each traversed by
the river .....,
<34> For the
purpose of this agreement, it is advisable to have the authorities participate,
which have competencies in the field of regional/spatial planning, land use
planning, shipping and navigation, forestry, tourism and environment concerning
the territories traversed by the river in question. In accordance with the
respective national laws, it can thus be necessary to have local, regional
and/or central authorities of one state sign this agreement or to have higher
authorities delegate the powers necessary for the participation to authorities
on a lower tier of administration.
Recalling the role and achievements of
the Council of Europe in fostering transfrontier co-operation between
territorial communities or authorities in Europe,
Having regard to the
European Outline Convention on Transfrontier Co-operation between Territorial
Communities or Authorities of 1980, the European Water Charter of 1968 and the
European Regional/Spatial Planning Charter of 1983,
coordinate their use and management of the river ..... for the purpose of
reducing negative effects on the territories traversed by the river,
Have agreed as follows:
Contracting Parties shall institute a joint committee (hereinafter: Joint
Committee), which shall consist of one representative of each Contracting Party
and hold regular meetings.
2 The Joint Committee shall decide on its
terms of reference, its duration, its rules of procedure, the dates and the
agenda of its meetings and any other matters deemed relevant by the Contracting
3 Decisions of the Joint Committee shall be binding upon the
Joint Committee members. They shall be taken by simple majority vote of the
Contracting Parties" representatives present at a meeting, each representative
having one vote.
4 The Joint Committee shall be represented vis-a-vis
any third party by the Contracting Parties jointly <35>.
<35> The Contracting Parties may wish
to create a co-operation body which has legal personality. In such a case, the
Additional Protocol of 1995 to the European Outline Convention on Transfrontier
Co-operation can be taken as a reference.
5 Each Contracting Party shall
cover the costs for the participation of its representative in the Joint
Committee. Common costs of the Joint Committee shall be borne equally between
the Contracting Parties.
Alternative to Article 1:
1 The Contracting Parties shall have regular
meetings (hereinafter: Consultative Meetings) for the purpose of implementing
this agreement and consulting each other on matters relevant to the use or
non-use of the river ......
2 The dates, the agenda and other relevant
matters of the Consultative Meetings shall be decided by simple majority vote,
each Contracting Party having one vote. The same applies to other decisions
taken during the Consultative Meetings.
3 Each Contracting Party shall
cover the costs for its participation. Common costs arising from the activities
decided upon at the Consultative Meetings shall be borne equally.
(Fields of Activity)
1 The Contracting Parties shall regularly
measure the water level, speed and quality of the river .....; they shall
produce regularly land maps of the river, its linked waters and the surrounding
area of up to ..... kilometers from the river banks <36>; such maps indicating
the land use, the use of the river and linked waters, and the water and land
<36> The Contracting
Parties may wish to adapt the range of the territory in question to their
2 The Contracting Parties shall provide [the Joint
Committee/each other at the Consultative Meetings] with any information relevant
to the use and management of the river ....., and especially the following:
a up-dated land maps of the territories specified in paragraph (1) of this
b major planned or undertaken construction work (or such work
which is in progress at the time of entry into force of this agreement), or
changes in the land use, which might affect the flow of the river or linked
waters, its traffic, its usability (in particular its navigability) or its water
c the average introduction of substances into the river
emanating from their territory according to direct or implied permissions
granted by an authority as well as any known but unauthorised introductions;
d major diversions of river water.
3 The [Joint
Committee/Contracting Parties at their Consultative Meetings] shall formulate
guidelines for the use or non-use of the river ..... and the territories
specified in paragraph (1) of this Article, as far as such use or non-use might
affect the flow of the river or linked waters, its traffic, its usability (in
particular its navigability) or its water quality. Such guidelines shall not be
legally binding, but shall be taken into account by the Contracting Parties when
exercising their discretion.
4 The [Joint Committee/Contracting Parties
at their Consultative Meetings] may, after having agreed on the financial terms
by unanimous vote, commission studies or undertake positive action concerning
the flow of the river ....., its traffic, its usability (in particular its
navigability) or its water quality. If a unanimous vote on the financial terms
cannot be reached, individual Contracting Parties can agree to realize the
activity in question.
Parties shall endeavour to support the goals of this agreement and, in
particular, to comply with the following objectives <37>:
<37> These objectives are not
exhaustive and the Contracting Parties may wish to amend them according to their
particular situation and competencies.
a (Anti-Flood Measures)
the natural flow of the river ..... and its linked waters should not be
- the speed of the water flow should not be increased, directly
- meanders, natural river banks, river branches,
marshlands and flood plains should be preserved or recreated;
commercial or private land use close to the river, possibly aggravating flood
situations, should be avoided;
- backwater installations, sluices and
floodgates should be maintained or installed, where appropriate;
natural seepage of rain water should be fostered;
- mountain areas
bordering the river or its linked waters should receive special attention with
respect to the aforementioned objectives.
b (Anti-Pollution Measures)
- the introduction of toxic substances into the river ..... and its linked
waters as well as the ground water should be avoided;
- the use,
especially agricultural use, of land traversed by the river or its linked waters
which has negative consequences on the water quality should be avoided;
- the transportation of dangerous cargo on the river ..... should be limited and
relief measures should be set up for accidents.
1 The Contracting Parties shall immediately inform each other of
any significant change or likelihood of a significant change in the flow of the
river ....., its level or its water quality, if such a change is likely to
threaten the inhabitants or the environment of the area referred to in Article
2, paragraph 1, or the users of the river and linked waters. For this purpose,
each Contracting Party shall name a contact address to be provided with such
2 If the case referred to in paragraph 1 of this Article
arises, the Contracting Parties shall convene an ad hoc meeting in order to
decide on appropriate emergency relief measures.
3 Each Contracting
Party shall refrain from any measures aggravating the negative effects of the
above-mentioned change during the emergency.
1 Each Contracting Party can withdraw from this agreement by
written notice to the [Joint Committee/other Contracting Parties],
notwithstanding the validity of any prior financial commitments. New Contracting
Parties can be admitted with the consent of the existing Contracting Parties
<38> Special requirements
will apply, if the Contracting Parties choose to create a Joint Committee with
legal personality under Article 1.
2 Any dispute concerning or arising from
this agreement shall be settled among the Contracting Parties themselves in good
faith. The rights of third parties to legal recourse against individual
Contracting Parties before competent courts shall not be limited.
Contracting Parties shall inform the Secretary General of the Council of Europe
of this agreement.
4 This agreement shall be concluded [indefinitely/for
a period of ..... years, renewable for subsequent terms of ..... years unless
cancelled by unanimous vote of the Contracting Parties before the end of a
Done at ....., this ..... day of ....., in ..... and .....
(languages), each text being equally authentic.