ТИПОВОЕ СОГЛАШЕНИЕ МЕЖДУ АССОЦИАЦИЯМИ ЧАСТНОГО ПРАВА О СОЗДАНИИ И УПРАВЛЕНИИ ПРИГРАНИЧНЫМИ ПАРКАМИ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
2.11 Model agreement
on the creation and management of transfrontier
parks between private
[and the association
<40> Whose Articles of Association are
- aware of the need to work together in protecting the
environment and developing the natural areas which are necessary to the quality
of human life;
- wishing to co-ordinate their activities with a view to
preserving the area"s natural assets and landscape features;
at a constituent General Assembly held in ..... on .....
have agreed as
There shall be established a private law
1 - the association"s founder members shall
a. ..... represented by .....
b. ..... represented by
c. ..... represented by .....
- the admission of new
members shall be subject to the following conditions:
2 - This association shall take the name .....
It will be referred to hereafter as the ASSOCIATION.
- Its headquarters
shall be situated in ..... in the territory of .....
- Only the
legislation and regulations of the country in which the headquarters are
situated shall be applicable, save as otherwise expressly provided in an
3 The object of the ASSOCIATION shall be ..... and in
general any activity related directly or indirectly, wholly or partly, to any of
the ASSOCIATION"s objects.
4 The ASSOCIATION shall be managed by a
Management Committee which will appoint:
a. a chairman
c. a treasurer
d. a secretary
e. one or
The members of the Bureau shall be appointed by the
General Assembly (meeting in ordinary session).
Their term of office
shall not exceed ............. years and may be renewed for a period of
The General Assembly shall meet at least once a year. Its
proceedings shall not be valid unless two-thirds of its members are present.
The decisions shall be taken by a [relative] [absolute] majority of the
Any member unable to attend may authorise another member [of
the same nationality] to vote on his behalf. No member may hold more than .....
5 The ASSOCIATION"s Articles shall be revised at an extraordinary
meeting of the General Assembly, by a majority of (two-thirds of) the votes of
the members present. The Extraordinary General Assembly shall meet on the
proposal of the Management Committee or at least of two of its members.
The ASSOCIATION may be dissolved by virtue of an amicable agreement between the
parties or a decision taken by a majority of the members present at a meeting of
the General Assembly convened in the proper way.
6 The Parties undertake
to inform the Secretary General of the Council of Europe of the setting up of
the ASSOCIATION and to communicate its Articles to him. The decision to dissolve
the ASSOCIATION shall likewise be communicated for information.
1 They also undertake, each in accordance with its own law, to take all
appropriate action with a view to co-ordinate management of the transfrontier
This co-ordination will involve in particular:
maintenance and improvement of the natural landscape and its specific
- protection and enrichment of the specific heritage (fauna,
- the taking of the necessary steps to preserve the
factors likely to influence the above mentioned ecological and physical assets
of the transfrontier park and the environment;
- information, education
and reception facilities as part of a general policy for environmental
appreciation and the interpretation of the natural and cultural heritage;
- supervision and guidance of economic, social and cultural activities in the
park to ensure that they are consistent with the aims stated above and that the
character of the transfrontier park is preserved <41>.
<41> This last clause applies only to
rural parks in which such economic and socio-cultural activities are
2 To this end, the Contracting Parties shall adopt joint action
programmes of mutual interest, which might deal in particular with the following
- protection and development of plant
and animal species;
- prevention and control of fires, epidemics,
- protection of waterways and of shores and banks on both sides of
The above mentioned joint action programmes of
mutual interest shall be adopted by mutual agreement between the associations
responsible for management of the nature parks concerned, within the
deliberative and decision-making body referred to as the General Assembly.
The joint action programmes of mutual interest shall determine
the time-limits, aims and means of financing of the activities undertaken, as
well as the material questions relating to management. They shall also specify
the procedure for calculating each Contracting Party"s financial
Furthermore, provision shall be made for an adjustment to
bring the contributions into line with new circumstances arising during the
course of the programme.
The Parties undertake to implement
the provisions of this agreement [and those of any joint action programmes of
mutual interest signed in accordance with it].
agreement is concluded for a period of ..... years as from its entry into force.
It shall be automatically renewed for further successive periods of ..... years
unless denounced by one of the Parties one year prior to expiry.
Each Party shall notify the other of the completion of the procedures
required by its domestic law for the enry into force of this agreement, which
shall take effect on the date of the last notification.