Model and Outline Agreements, Statutes and Contracts on Transfrontier Co-operation between Territorial Communities or Authorities

Appendix*(1)

Model and Outline Agreements,
Statutes and Contracts on Transfrontier Co-operation between
Territorial Communities or Authorities

This graduated system of model agreements was devised by distinguishing between two main categories defined according to the level at which the agreement is concluded:

- model inter-state agreements on transfrontier co-operation at local and regional level;

- outline agreements, contracts and statutes capable of providing a basis for transfrontier co-operation between territorial authorities or communities.

As shown in the table hereafter, only the two model inter-state agreements for the promotion of transfrontier co-operation and regional transfrontier liaison fall exclusively within the jurisdiction of States. The other inter-state agreements merely establish a legal framework for the conclusion of agreements or contracts between territorial authorities or communities, the outlines of which have been placed in the second category.

 Model     agreement   on  the
 creation  and  management  of
 transfrontier    rural  parks
 (see paragraph 1.10)        |
 

Convention was ratified by the Federation Council (Federal Law No. 91-FZ of July 22, 2002 - "Byulleten mezhdunarodnykh dogovorov" 2002, No. 10)

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*(1) As stated in Article 3, first paragraph, second sub-paragraph, of the Convention, the model and outline agreements, statutes and contracts are intended for guidance only and have no treaty value.

*(2) See footnote 1.

*(3) Paragraph 2 will not be included in draft agreements 1.3, 1.4 and 1.5.

*(4) See footnote 1.

*(5) The figures given for the number of members of the Commission are intended for guidance only and should be adapted to individual situations, as indeed should all the provisions in this model agreement. By giving figures the authors of the model agreements intended to highlight the need for efficient commissions with relatively few members. They also wanted to give an indication of the ratio to be maintained between representatives of central authorities on the one hand and of regional authorities on the other.

*(6) This list is given merely for guidance and should be adapted to each co-operation project. It is not to be interpreted as modifying the powers vested in territorial authorities by domestic law. Both central and regional authorities are, after all, represented on the Commission.

*(7) See footnote 1.

*(8) See footnote 1.

*(9) The coherence of this agreement remains the same whether or not this paragraph is included.

*(10) See footnote 1.

*(11) In this connection, see the list of subject areas contained in Article 6 of the Model Inter-State Agreement on Transfrontier Regional Consultation which appears as Model Agreement No. 1.2 in the Appendix to the European Outline Convention on Transfrontier Co-operation.

*(12) Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(13) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(14) For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(15) Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(16) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(17) For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(18) Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(19) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(20) For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(21) Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(22) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(23) For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(24) In establishing a Joint Committee, one can take into account the existing institutions for transfrontier co-operation.

*(25) Protocols may be added, notably on the lines of the models appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(26) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(27) For all other arrangements the Parties may refer to the general clauses for model inter-State agreements appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(28) The need for local committee to be set up will depend on the composition of the Joint Committee and the status of the Signatories to this model agreement.

*(29) Protocols may be added, notably on the lines of the models appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(30) The agreement shall specify, providing details, where appropriate:

a the procedures required by the national law of Parties to the agreement which may apply to the following questions:

- name and address of the Commission;

- precise definition of the powers assigned to the Commission;

- regulations governing decision-making methods;

- reference to the public nature of deliberations;

- definition of the relevant rules with regard to budget and estimates;

- definition of the methods of funding projects;

- definition of the methods of amending the rules (ie the terms of the agreement);

- definition of the methods of admission to and withdrawal from membership;

- etc.

b specifications required by Community directives and regulations for access to the structural Funds.

*(31) For all other arrangements the Parties may refer to the general clauses for model inter-State agreements appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

*(32) See footnote 1.

*(33) For the purpose of this agreement, it is advisable to have the authorities participate, which have competencies in the field of regional/spatial planning, land use planning, shipping and navigation, forestry, tourism and environment concerning the territories traversed by the river in question. In accordance with the respective national laws, it can thus be necessary to have local, regional and/or central authorities of one state sign this agreement or to have higher authorities delegate the powers necessary for the participation to authorities on a lower tier of administration.

*(34) The Contracting Parties may wish to create a co-operation body which has legal personality. In such a case, the Additional Protocol of 1995 to the European Outline Convention on Transfrontier Co-operation can be taken as a reference.

*(35) The Contracting Parties may wish to adapt the range of the territory in question to their particular situation.

*(36) These objectives are not exhaustive and the Contracting Parties may wish to amend them according to their particular situation and competencies.

*(37) Special requirements will apply, if the Contracting Parties choose to create a Joint Committee with legal personality under Article 1.

*(38) 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 first.

*(39) Whose Articles of Association are appended hereto.

*(40) This last clause applies only to rural parks in which such economic and socio-cultural activities are organised.

*(41) This 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.

*(42) E.g.: earthquakes volcanic eruptions, floods, fires, etc.

*(43) 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.