к Конвенции Совета Европы
от 21.05.1980 No. 106
2.2. Outline agreement
on co-ordination in the management of transfrontier
local public affairs
Introductory note: In several States this type of transfrontier co-operation agreement is already possible. Where this is not the case, the conditions under which such an agreement could be used should be defined within the framework of an inter-state agreement (see model agreement 1.3).
Purpose of the agreement
Article 1
Article 1 specifies the purpose of the agreement (eg harmonious development of frontier regions) and the fields concerned.
Territory covered by the agreement
Article 2
Article 2 should specify the territories covered by the agreement on either side (or on all three sides) of the frontier.
Article 3
Article 3 should define the means of achieving the aims of the agreement (Article 1). According to the material purpose of the agreement, the following undertakings may be specified:
- the Parties undertake to comply with a prior consultation procedure before reaching decisions on a number of measures they have to take within the limits of their powers and of the territory administered by them;
- the Parties undertake, within their territory and within the limits of their powers, to take the measures necessary to the achievement of the agreement"s objectives;
- the Parties undertake to do nothing detrimental to the objectives of this agreement.
Article 4
Article 4 should specify, in accordance with the particular circumstances and requirements of each agreement, the arrangements for co-ordination:
- either by designating for co-ordination purposes the general purpose group referred to in Outline Agreement 2.1;
- or by providing for the establishment of a specific consultation group for the purpose of this agreement;
- or simply by means of direct bilateral contracts between the authorities concerned.
Article 5
Each member of the Group (each Party, if there is no Group) may raise with the Group (the other Party, if there is no Group) any case in which it considers that the agreement has not been observed in that:
- either there has been no prior consultation;
- or the measures taken are not in keeping with the agreement;
- or the measures necessary to the achievement of the aims of the agreement have not been taken.
If the Parties fail to reach agreement, the dispute may be referred to a Conciliation Board entrusted with ensuring compliance with the undertakings entered into.
Controlling Body
Article 6
The Parties may agree to set up a specific Controlling Body to ensure compliance with the undertakings entered into, composed of an equal number of experts appointed by each Party and a neutral expert whose appointment or the mode of such appointment shall be provided for in advance.
The Controlling Body shall give an opinion, which it shall have the authority to make public, as to whether the agreement has been observed.
Article 7
The Parties shall inform the Secretary General of the conclusion of this agreement and supply him with the text.

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