РАМОЧНЫЙ КОНТРАКТ НА ПОСТАВКУ ТОВАРОВ И ПРЕДОСТАВЛЕНИЕ УСЛУГ МЕЖДУ ПРИГРАНИЧНЫМИ МЕСТНЫМИ ВЛАСТЯМИ (РЕГУЛИРОВАНИЕ ПУБЛИЧНЫМ ПРАВОМ) (АНГЛ.)
к Конвенции Совета
от 21.05.1980 No. 106
2.5 Outline contract
for the provision of supplies or services between
local authorities in
frontier areas ("public-law" type)
Introductory note: This type of contract
is similar to that dealt with under 2.4 ("private-law" contracts) in that it
relates to specific purposes. This type is more particularly concerned with
concessions or contracts for public services or public works (or services or
works which are regarded as "public" by one of the countries concerned), or the
provision of contributory finance <39>, from one authority to another on the
other side of the frontier. Such public concessions entail special risks and
responsibilities related to the public services provided which require the
inclusion in the contract of other provisions in addition to those specified in
the model "private-law" contract.
<39> This arrangement might be particularly useful to frontier authorities, eg
in the case of pollution: one authority might offer another contributory finance
to enable it to carry out work within its competence but of value to the
"Transfrontier" contracts of this type are not necessarily permitted
in all countries. Consequently, the possibility of such arrangements and the
conditions for their use would often first have to be provided for in an
inter-state agreement (see model agreement 1.4).
The use of such a
contract, which is simple enough to devise and implement, could in some cases
obviate the need for a joint agency of the "Transfrontier Syndicate of Local
Authorities" type (see 2.6), which raises other legal problems.
Where the contract involves the establishment or administration
of public property, a public service or facility belonging to a local authority
in at least one of the countries, contractual guarantees must be specified in
accordance with the rules which apply in the country or countries concerned.
The contract will also, where necessary, make reference to the following
1 the regulations governing the establishment or
operation of the facility or service concerned (eg timetable, charges,
conditions of use, etc.);
2 special conditions governing the setting up
of the facility or service (eg permits required, procedure, etc.);
conditions of contract for the facility or service;
4 the procedure for
adjusting the contract for reasons of public interest and resulting financial
5 ensuing relations between users of the facility or
service and the operator (eg conditions of access, charges, etc.);
withdrawal from, surrender or termination of the contract.
to these special requirements, the provisions specified in the specimen
"private-law" contract 2.4 will also apply.