European Outline Convention on Transfrontier Co-operation between
Territorial Communities or Authorities
Madrid, 21.V.1980
Preamble
The member States of the Council of Europe, signatories to this Convention,
Considering that the aim of the Council of Europe is to achieve a greater
unity between its members and to promote co-operation between them;
Considering that, as defined in Article 1 of the Council of Europe Statute,
this aim will be pursued in particular by agreements in the administrative
field;
Considering that the Council of Europe shall ensure the participation of the
territorial communities or authorities of Europe in the achievement of its
aim;
Considering the potential importance, for the pursuit of this objective, of
co-operation between territorial communities or authorities at frontiers in
such fields as regional, urban and rural development, environmental protection,
the improvement of public facilities and services and mutual assistance in
emergencies;
Having regard to past experience which shows that co-operation between local
and regional authorities in Europe makes it easier for them to carry out their
tasks effectively and contributes in particular to the improvement and development
of frontier regions;
Being resolved to promote such co-operation as far as possible and to contribute
in this way to the economic and social progress of frontier regions and to
the spirit of fellowship which unites the peoples of Europe,
Have agreed as follows:
Article 1
Each Contracting Party undertakes to facilitate and foster transfrontier co-operation between territorial communities or authorities within its jurisdiction and territorial communities or authorities within the jurisdiction of other Contracting Parties. It shall endeavour to promote the conclusion of any agreements and arrangements that may prove necessary for this purpose with due regard to the different constitutional provisions of each Party.
Article 2
1. For the purpose of
this Convention, transfrontier co-operation shall mean any concerted action
designed to reinforce and foster neighbourly relations between territorial
communities or authorities within the jurisdiction of two or more Contracting
Parties and the conclusion of any agreement and arrangement necessary for
this purpose. Transfrontier co-operation shall take place in the framework
of territorial communities' or authorities' powers as defined in domestic
law. The scope and nature of such powers shall not be altered by this Convention.
2. For the purpose of this Convention, the expression "territorial communities
or authorities" shall mean communities, authorities or bodies exercising
local and regional functions and regarded as such under the domestic law of
each State. However, each Contracting Party may, at the time of signing this
Convention or by subsequent notification to the Secretary General of the Council
of Europe, name the communities, authorities or bodies, subjects and forms
to which it intends to confine the scope of the Convention or which it intends
to exclude from its scope.
Article 3
1. For the purpose of this Convention the Contracting Parties shall, subject to the provisions of Article 2, paragraph 2, encourage any initiative by territorial communities and authorities inspired by the outline arrangements between territorial communities and authorities drawn up in the Council of Europe. If they judge necessary they may take into consideration the bilateral or multilateral inter-state model agreements drawn up in the Council of Europe and designed to facilitate co-operation between territorial communities and authorities.
[...]
Article 5
The Contracting Parties shall consider the advisability of granting to territorial communities or authorities engaging in transfrontier co-operation in accordance with the provisions of this Convention the same facilities as if they were co-operating at national level.
[...]
Article 9
1. This Convention shall be open to signature by the member States of the Council of Europe. It shall be subject to ratification, acceptance or approval. Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.
[...]
Article 10
1. After the entry into force of this Convention, the Committee of Ministers of the Council of Europe may decide unanimously to invite any European non-member State to accede thereto. This invitation must receive the express agreement of each of the States which have ratified the Convention.
[...]
Done at Madrid, the 21st day of May 1980 in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.
***
Model and Outline Agreements,
Statutes and Contracts on
Transfrontier Co-operation between Territorial Communities or Authorities.[1]
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[1]
http://conventions.coe.int/Treaty/EN/Treaties/Html/106-1.htm,
http://conventions.coe.int/Treaty/EN/Treaties/Html/106-2.htm