РАМОЧНОЕ СОГЛАШЕНИЕ О КООРДИНАЦИИ УПРАВЛЕНИЯ ПРИГРАНИЧНЫМИ МЕСТНЫМИ ОБЩЕСТВЕННЫМИ ДЕЛАМИ (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
2.2. Outline agreement
on co-ordination in the management of transfrontier
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 specifies the purpose
of the agreement (eg harmonious development of frontier regions) and the fields
Territory covered by the agreement
should specify the territories covered by the agreement on either side (or on
all three sides) of the frontier.
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
- the Parties undertake, within their territory and within the
limits of their powers, to take the measures necessary to the achievement of the
- the Parties undertake to do nothing
detrimental to the objectives of this agreement.
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
- or simply by means of direct bilateral contracts between
the authorities concerned.
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
- or the measures taken are not in keeping with the
- 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.
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.
Controlling Body shall give an opinion, which it shall have the authority to
make public, as to whether the agreement has been observed.
The Parties shall inform the Secretary General of the conclusion of this
agreement and supply him with the text.