ТИПОВОЕ СОГЛАШЕНИЕ МЕЖДУ МЕСТНЫМИ И РЕГИОНАЛЬНЫМИ ВЛАСТЯМИ О РАЗВИТИИ ПРИГРАНИЧНОГО СОТРУДНИЧЕСТВА ПО ЗАЩИТЕ НАСЕЛЕНИЯ И ВЗАИМНОЙ ПОМОЩИ В СЛУЧАЕ ЧРЕЗВЫЧАЙНЫХ СИТУАЦИЙ В ПРИГРАНИЧНЫХ ЗОНАХ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
2.12 Model agreement
between local and regional authorities
on the development of
in civil protection and mutual aid in the
of disasters occuring in frontier areas
local authorities (or regions) of .......... and .......... within the
juridiction of the states of .......... and of ..........
<*> which are
Parties to the Inter-State Agreement on the Promotion of Transfrontier
<*> which have acceded to the European Outline
Convention on Transfrontier Co-operation between Territorial Communities or
inter-state agreement could be based on Model Agreement 1.1, appended to the
European Outline Convention on Transfrontier Co-operation between Territorial
Communities or Authorities.
<*> Delete when necessary.
assist each other in the event of disasters occurring in either of their
Convinced of the need for joint pursuit of all action to
prevent such disasters and for assistance to be made as effective as possible in
order to cope with the effects of such occurrences,
Have agreed as
The Contracting Parties undertake to afford each
other, as far as they are competent and able, the assistance provided for in
this agreement in the event of disasters <43> occurring in any of their
earthquakes volcanic eruptions, floods, fires, etc.
Assistance shall be provided upon a request being make by the competent
authority of one of the Contracting Parties to the competent authority of the
other. Such request shall specify the nature and extent of the assistance
required, bearing in mind the provisions of Article 3.
2 The authority
requested for assistance shall notify the requesting authority of the nature and
extent of the assistance it is able to provide.
assistance referred to in Article 1 of this agreement may be provided in one or
more of the following forms:
a the provision of suitable equipment to
meet the immediate needs of the population affected by the disaster, such as
blankets, tents, clothing, food and medical supplies;
b the provision of
suitable equipment for first aid, medical assistance and rescue;
dispatch of operational and administrative personnel;
d the dispatch of
technical, medical and first aid, and other units;
In dispatching the supplies referred to in sub-paragraphs (a) and
(b) above, the supplying authority shall inform the authority to whom they are
sent whether they are supplied on loan or as gifts.
2 In order to
facilitate the implementation of this provision, the Contracting Parties shall
regularly exchange information concerning the nature and extent of the
assistance they would be able to provide immediately in the event of a
1 The Contracting Parties shall take all
appropriate measures to ensure that the transport of the persons and equipment
referred to in the preceding article may be effected as smoothly as possible,
whatever the mode of transport employed.
2 In a case of transport by
air, they shall take such special safety measures as may be necessary.
1 Unless the Contracting Parties agree otherwise,
responsibility for directing relief operations shall lie within the competent
authorities of the Contracting Party requesting assistance.
competent authority providing assistance shall notify the requesting authority
of the names of the persons in charge of forwarding instructions to the foreign
1 The cost of providing assistance shall
be borne either by funds established by industries <44> liable to be the cause
of disasters or accidents (chemical, nuclear industries, etc.) or by the
Contracting Party which receives the assistance, the latter"s actual expenditure
being possibly refunded by the central authorities.
<44> The authorities concerned on each
side of the border could themselves jointly set up and manage contingency funds
for disasters occurring in their territory. In the agreement itself, they might
agree to attempt to set up such a fund, which could be financed by contributions
from the industries concerned.
2 However, each Contracting Party undertakes
not to ask the other Parties concerned to reimburse the customary cost of the
assistance provided, nor compensation for the losses or damage to vehicles or
machinery used in the mutual aid or relief operations.
3 The authority
providing the assistance must, when supplying the information referred to in
paragraph 2 of Article 2, give notice which costs will not be included as
customary ones arising out of the operation, other than those mentioned in
paragraph 2 of Article 7.
alternative to Article 6, the text set out below, based on bilateral conventions
concluded by the Federal Republic of Germany with France and Luxembourg on
mutual aid in the event of disasters or serious accidents, might be used:
1 The costs resulting from the assistance provided by the
rescue teams of the Contracting Party providing assistance in accordance with
Article 1 and 3, including any expenditure incurred through the loss or complete
or partial destruction of any accompanying equipment, shall not be met by the
authorities of the Contracting Party which receives the assistance. In the case
of assistance provided by aircraft, the Contracting Party providing assistance
may demand payment from the Contracting Party which receives the assistance of
half of the costs resulting from the use of aircraft.
2 The rescue teams
of the Contracting Party providing the assistance, shall however, for the
duration of the operation receive food and accommodation and all necessary
supplies, at the expense of the requesting Contracting Party, insofar as
accompanying stocks have been used up. They shall also receive all necessary
1 Any damage caused to persons in
connection with assistance provided under this agreement shall, for the purpose
of compensation, be charged to the Contracting Party which requested assistance
under this agreement.
2 However, the provisions of paragraph 1 shall not
apply to damage to persons or property made available to the Contracting Party
which requested assistance under this agreement.
As an alternative to Article 7, the
text set out below based on the bilateral conventions concluded by the Federal
Republic of Germany with France and Luxembourg on mutual aid in the event of
disasters or serious accidents, might be used:
Contracting Party shall renounce any claims for compensation against the other
Contracting Party for damage to property belonging to it, where the damage has
been caused by a member of a rescue team of the other Contracting Party in the
performance of duties connected with the execution of this agreement.
Each Contracting Party shall renounce any claims for compensation against the
other Contracting Party in respect of any member of a rescue team who has
suffered injury or death in the performance of duties connected with the
execution of this agreement.
3 If any injury is caused to a third party
by a member of a rescue team of the Contracting Party providing assistance in
the performance of duties in the territory of the Contracting Party shall assume
responsibility for the injury in accordance with the provisions applicable in
the event of injury being caused by one of its own rescue teams.
authorities of the Contracting Parties shall co-operate closely in order to
expedite the settlement of claims for compensation. In particular, they shall
exchange all the information at their disposal on cases of injury as defined in
5 This article shall also apply to jointly organised
exercices by rescue teams.
The Parties" attention is drawn to the fact that if they do not retain in the
agreements to be concluded both Articles 6 and 7 proposed above as an
alternative, but only one of them, they should ensure that the article retained
is compatible with the other relevant articles; accordingly, responsibility for
the cost of assistance or responsibility for damage to property and injuries.
The assistance operations effected by virtue of this agreement
shall cease when the autority which asked for assistance so request.
In order to facilitate the application of this agreement, the
Contracting Parties shall endeavour regularly to organise staff exchanges and
joint training exercises for the relevant relief personnel.
The Contracting Parties undertake to inform the Secretary General of the
Council of Europe of the conclusion of this agreement and to forward the text
thereof to him.
Done at ..... this ..... day of ..... in ..... and ......
in two copies, both texts being equally authentic.
For the local authority
For the local authority