Additional Protocol to the European Outline Convention on Transfrontier Co-operation
between Territorial Communities or Authorities
Strasbourg, 9.XI.1995
The Council of Europe
member States signatory to this Protocol to the European
Outline Convention on Transfrontier Co-operation between Territorial Communities
or Authorities (hereinafter referred to as "the Outline Convention"),
Affirming the importance of transfrontier co-operation between territorial
communities or authorities in border areas;
Being resolved to take further measures to secure transfrontier co-operation
between territorial communities or authorities;
Wishing to facilitate and develop transfrontier co-operation between territorial
communities or authorities situated in border areas;
Acknowledging the need to adapt the Outline Convention to the actual situation
in Europe;
Considering that it would be appropriate to supplement the Outline Convention
with a view to reinforcing transfrontier co-operation between territorial
communities or authorities;
Having regard to the European Charter of Local Self-Government;
Bearing in mind the Declaration on transfrontier co-operation in Europe which
the Committee of Ministers made on the occasion of the 40th anniversary of
the Council of Europe and which, among other things, called for continued
action in order to gradually remove barriers of any kind – administrative,
legal, political or psychological – to curb the development of transfrontier
projects,
Have agreed the following additional provisions:
Article 1
1. Each Contracting Party shall recognise and respect the right of territorial
communities or authorities under its jurisdiction and referred to in Articles
1 and 2 of the Outline Convention to conclude transfrontier co-operation agreements
with territorial communities or authorities of other States in equivalent
fields of responsibility, in accordance with the procedures laid down in their
statutes, in conformity with national law and in so far as such agreements
are in keeping with the Party's international commitments.
2. A transfrontier co-operation agreement shall entail only the responsibilities
of the territorial communities or authorities which have concluded it.
Article 2
Decisions taken jointly under a transfrontier co-operation agreement shall
be implemented by territorial communities or authorities within their national
legal system, in conformity with their national law. Decisions thus implemented
shall be regarded as having the same legal force and effects as measures taken
by those communities or authorities under their national legal system.
Article 3
A transfrontier co-operation agreement concluded by territorial communities
or authorities may set up a transfrontier co-operation body, which may or
may not have legal personality. The agreement shall specify whether the body,
regard being had to the responsibilities assigned to it and to the provisions
of national law, is to be considered a public or private law entity within
the national legal systems to which the territorial communities or authorities
concluding the agreement belong.
Article 4
1. Where the transfrontier co-operation body has legal personality, such personality
shall be as defined in the law of the Contracting Party in which its headquarters
are located. [...]
Article 5
1. The Contracting Parties may, if their national law allows it, decide that
the transfrontier co-operation body is to be a public law entity and that,
for the purposes of each Contracting Party's legal system, any measures which
it takes are to have the same legal force and effects as if they had been
taken by the territorial communities or authorities which concluded the agreement.
[...]
Article 6
1. Measures taken by territorial communities or authorities under a transfrontier
co-operation agreement shall be subject to the same supervision as the law
of each Contracting Party prescribes in respect of any measure taken by the
territorial communities or authorities concluding the agreement.
[...]
Article 8
1. Each Contracting Party shall declare, when signing this Protocol, or when
depositing the instrument of ratification, acceptance or approval, whether
it will apply the provisions of Articles 4 and 5 or of one of those articles
only.
2. Such a declaration can be modified at any subsequent time.
Article 9
No reservations to the provisions of this Protocol shall be allowed.
[...]
Done at Strasbourg, this 9th day of November 1995, in English and 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 Protocol.