Типовое соглашение между ассоциациями частного права о создании и управлении приграничными парками

Типовое соглашение между ассоциациями частного права о создании и управлении приграничными парками (англ.)

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Приложение

к Конвенции Совета Европы

от 21.05.1980 N 106

2.11 Model agreement on the creation and management of transfrontier parks between private law associations



The association ..............................................

the association ..............................................

[and the association ..................................], <40>

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<40> Whose Articles of Association are appended hereto.

- aware of the need to work together in protecting the environment and developing the natural areas which are necessary to the quality of human life;

- wishing to co-ordinate their activities with a view to preserving the area's natural assets and landscape features;

- gathered at a constituent General Assembly held in ..... on .....

have agreed as follows:

Article 1



There shall be established a private law transfrontier association:

1 - the association's founder members shall comprise:

a. ..... represented by .....

b. ..... represented by .....

c. ..... represented by .....

- the admission of new members shall be subject to the following conditions:

a. .....

b. .....

c. .....

2 - This association shall take the name ..... It will be referred to hereafter as the ASSOCIATION.

- Its headquarters shall be situated in ..... in the territory of .....

- Only the legislation and regulations of the country in which the headquarters are situated shall be applicable, save as otherwise expressly provided in an appendix hereto.

3 The object of the ASSOCIATION shall be ..... and in general any activity related directly or indirectly, wholly or partly, to any of the ASSOCIATION's objects.

4 The ASSOCIATION shall be managed by a Management Committee which will appoint:

a. a chairman

b. a vice-chairman

c. a treasurer

d. a secretary

e. one or more assistants.

The members of the Bureau shall be appointed by the General Assembly (meeting in ordinary session).

Their term of office shall not exceed ............. years and may be renewed for a period of .............

The General Assembly shall meet at least once a year. Its proceedings shall not be valid unless two-thirds of its members are present.

The decisions shall be taken by a [relative] [absolute] majority of the members.

Any member unable to attend may authorise another member [of the same nationality] to vote on his behalf. No member may hold more than ..... votes.

5 The ASSOCIATION's Articles shall be revised at an extraordinary meeting of the General Assembly, by a majority of (two-thirds of) the votes of the members present. The Extraordinary General Assembly shall meet on the proposal of the Management Committee or at least of two of its members.

The ASSOCIATION may be dissolved by virtue of an amicable agreement between the parties or a decision taken by a majority of the members present at a meeting of the General Assembly convened in the proper way.

6 The Parties undertake to inform the Secretary General of the Council of Europe of the setting up of the ASSOCIATION and to communicate its Articles to him. The decision to dissolve the ASSOCIATION shall likewise be communicated for information.

Article 2



1 They also undertake, each in accordance with its own law, to take all appropriate action with a view to co-ordinate management of the transfrontier park.

This co-ordination will involve in particular:

- maintenance and improvement of the natural landscape and its specific character;

- protection and enrichment of the specific heritage (fauna, flora, habitats);

- the taking of the necessary steps to preserve the factors likely to influence the above mentioned ecological and physical assets of the transfrontier park and the environment;

- information, education and reception facilities as part of a general policy for environmental appreciation and the interpretation of the natural and cultural heritage;

- supervision and guidance of economic, social and cultural activities in the park to ensure that they are consistent with the aims stated above and that the character of the transfrontier park is preserved <41>.

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<41> This last clause applies only to rural parks in which such economic and socio-cultural activities are organised.

2 To this end, the Contracting Parties shall adopt joint action programmes of mutual interest, which might deal in particular with the following subjects:

- information;

- protection and development of plant and animal species;

- prevention and control of fires, epidemics, etc.;

- protection of waterways and of shores and banks on both sides of the frontier;

- tourism;

- accommodations;

- footpaths.

Article 3



The above mentioned joint action programmes of mutual interest shall be adopted by mutual agreement between the associations responsible for management of the nature parks concerned, within the deliberative and decision-making body referred to as the General Assembly.

Article 4



The joint action programmes of mutual interest shall determine the time-limits, aims and means of financing of the activities undertaken, as well as the material questions relating to management. They shall also specify the procedure for calculating each Contracting Party's financial contribution.

Furthermore, provision shall be made for an adjustment to bring the contributions into line with new circumstances arising during the course of the programme.

Article 5



The Parties undertake to implement the provisions of this agreement [and those of any joint action programmes of mutual interest signed in accordance with it].

Article 6



This agreement is concluded for a period of ..... years as from its entry into force. It shall be automatically renewed for further successive periods of ..... years unless denounced by one of the Parties one year prior to expiry.

Article 7



Each Party shall notify the other of the completion of the procedures required by its domestic law for the enry into force of this agreement, which shall take effect on the date of the last notification.