РАМОЧНЫЙ КОНТРАКТ НА ПОСТАВКИ ТОВАРОВ И ПРЕДОСТАВЛЕНИЕ УСЛУГ ПРИГРАНИЧНЫМИ МЕСТНЫМИ ВЛАСТЯМИ (ЧАСТНОПРАВОВОЕ РЕГУЛИРОВАНИЕ) (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
2.4 Outline contract
for the provision of supplies or services between
local authorities in
frontier areas ("private-law" type)
Introductory note: It is assumed that
local authorities have the right to conclude such a contract with local
authorities of other countries. Where this is not the case, this possibility
should be expressly provided for within the framework of an inter-state
agreement (see model agreement 1.4).
This is a type of contract which
may be used by local authorities for sales, leases, works contracts, the supply
of goods or services, the granting of operating concessions, etc. Local
authorities" use of "private-law" contracts is permitted to varying degrees in
national legislation and practice and it is difficult to draw the line between
"public-law" and "private-law" contracts. Nevertheless it may be assumed that
this type of contract may be used wherever, according to the prevailing
interpretation in each particular country, the agreement concerns an operation
of a commercial or economic type for which a private person or corporate body
could also have contracted. In the case of operations which involve action by
local authorities in the exercise of functions reserved to public authority, the
supplementary rules specified in the "public-law" outline contract (see 2.5)
must be borne in mind, in addition to the provisions set out below.
Article 1 specifies the Parties (and whether the agreement is
open to other local authorities).
Article 2 specifies the problems
connected with general contractual powers and, in particular, beneficiaries and
terms and conditions. It may also, where appropriate, specify the necessary
reservations regarding authorisation by higher authorities, where this affects
the applicability of the contract.
Object of the contract
specifies the object of the contract by reference to:
- geographical areas;
- corporate bodies
(municipalities, national bodies with local powers, etc.);
Article 4 specifies the duration of the contract, the
conditions for renewal and any completion dates.
Legal regime and financial
Article 5 indicates the place of signature and performance of
the contract and specifies the legal regime by which it is governed (private
international law) and the law which applies.
Article 6 deals, where
appropriate, with financial questions (currency in which payment is to be made
and the mode of price adjustment in the case of long term services) and
Article 7 provides, if necessary, for a
conciliation procedure and provides for an arbitration procedure.
event of arbitration, the arbitration board shall be made up as follows:
- each Party with opposing interests (Variant: the presidents of the
administrative courts with jurisdiction over each of the parties) shall
designate a member of the arbitration board and the Parties shall jointly
appoint one or two independent members so that there may be an odd number of
- where there is an even number of members of the arbitration
board and the votes are tied, the independent member shall have a casting
Alteration and termination of the contract
Article 8 specifies
the rules to apply in the event of alteration or termination of the contract.
Article 9. The Parties shall inform the Secretary General of the Council of
Europe of the conclusion of this agreement and supply him with the text.