Типовое соглашение между местными и региональными властями о развитии приграничного сотрудничества

Типовое соглашение между местными и региональными властями о развитии приграничного сотрудничества по защите населения и взаимной помощи в случае чрезвычайных ситуаций в приграничных зонах (англ.)

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Приложение

к Конвенции Совета Европы

от 21.05.1980 N 106

2.12 Model agreement between local and regional authorities on the development of transfrontier co-operation in civil protection and mutual aid in the event of disasters occuring in frontier areas



(Outline)

The local authorities (or regions) of .......... and .......... within the juridiction of the states of .......... and of ..........

<*> which are Parties to the Inter-State Agreement on the Promotion of Transfrontier Co-operation <42>

<*> which have acceded to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities

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<42> 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.

<*> Delete when necessary.

Resolved to assist each other in the event of disasters occurring in either of their territories;

Convinced of the need for joint pursuit of all action to prevent such disasters and for assistance to be made as effective as possible in order to cope with the effects of such occurrences,

Have agreed as follows:

Article 1



The Contracting Parties undertake to afford each other, as far as they are competent and able, the assistance provided for in this agreement in the event of disasters <43> occurring in any of their territories.

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<43> E.g.: earthquakes volcanic eruptions, floods, fires, etc.

Article 2



1 Assistance shall be provided upon a request being make by the competent authority of one of the Contracting Parties to the competent authority of the other. Such request shall specify the nature and extent of the assistance required, bearing in mind the provisions of Article 3.

2 The authority requested for assistance shall notify the requesting authority of the nature and extent of the assistance it is able to provide.

Article 3



1 The assistance referred to in Article 1 of this agreement may be provided in one or more of the following forms:

a the provision of suitable equipment to meet the immediate needs of the population affected by the disaster, such as blankets, tents, clothing, food and medical supplies;

b the provision of suitable equipment for first aid, medical assistance and rescue;

c the dispatch of operational and administrative personnel;

d the dispatch of technical, medical and first aid, and other units;

e ...

f ...

In dispatching the supplies referred to in sub-paragraphs (a) and (b) above, the supplying authority shall inform the authority to whom they are sent whether they are supplied on loan or as gifts.

2 In order to facilitate the implementation of this provision, the Contracting Parties shall regularly exchange information concerning the nature and extent of the assistance they would be able to provide immediately in the event of a disaster.

Article 4



1 The Contracting Parties shall take all appropriate measures to ensure that the transport of the persons and equipment referred to in the preceding article may be effected as smoothly as possible, whatever the mode of transport employed.

2 In a case of transport by air, they shall take such special safety measures as may be necessary.

Article 5



1 Unless the Contracting Parties agree otherwise, responsibility for directing relief operations shall lie within the competent authorities of the Contracting Party requesting assistance.

2 The competent authority providing assistance shall notify the requesting authority of the names of the persons in charge of forwarding instructions to the foreign relief personnel.

Article 6



1 The cost of providing assistance shall be borne either by funds established by industries <44> liable to be the cause of disasters or accidents (chemical, nuclear industries, etc.) or by the Contracting Party which receives the assistance, the latter's actual expenditure being possibly refunded by the central authorities.

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<44> 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.

2 However, each Contracting Party undertakes not to ask the other Parties concerned to reimburse the customary cost of the assistance provided, nor compensation for the losses or damage to vehicles or machinery used in the mutual aid or relief operations.

3 The authority providing the assistance must, when supplying the information referred to in paragraph 2 of Article 2, give notice which costs will not be included as customary ones arising out of the operation, other than those mentioned in paragraph 2 of Article 7.

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As an alternative to Article 6, the text set out below, based on bilateral conventions concluded by the Federal Republic of Germany with France and Luxembourg on mutual aid in the event of disasters or serious accidents, might be used:

Article 6



1 The costs resulting from the assistance provided by the rescue teams of the Contracting Party providing assistance in accordance with Article 1 and 3, including any expenditure incurred through the loss or complete or partial destruction of any accompanying equipment, shall not be met by the authorities of the Contracting Party which receives the assistance. In the case of assistance provided by aircraft, the Contracting Party providing assistance may demand payment from the Contracting Party which receives the assistance of half of the costs resulting from the use of aircraft.

2 The rescue teams of the Contracting Party providing the assistance, shall however, for the duration of the operation receive food and accommodation and all necessary supplies, at the expense of the requesting Contracting Party, insofar as accompanying stocks have been used up. They shall also receive all necessary medical assistance.

Article 7



1 Any damage caused to persons in connection with assistance provided under this agreement shall, for the purpose of compensation, be charged to the Contracting Party which requested assistance under this agreement.

2 However, the provisions of paragraph 1 shall not apply to damage to persons or property made available to the Contracting Party which requested assistance under this agreement.

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As an alternative to Article 7, the text set out below based on the bilateral conventions concluded by the Federal Republic of Germany with France and Luxembourg on mutual aid in the event of disasters or serious accidents, might be used:

Article 7



1 Each Contracting Party shall renounce any claims for compensation against the other Contracting Party for damage to property belonging to it, where the damage has been caused by a member of a rescue team of the other Contracting Party in the performance of duties connected with the execution of this agreement.

2 Each Contracting Party shall renounce any claims for compensation against the other Contracting Party in respect of any member of a rescue team who has suffered injury or death in the performance of duties connected with the execution of this agreement.

3 If any injury is caused to a third party by a member of a rescue team of the Contracting Party providing assistance in the performance of duties in the territory of the Contracting Party shall assume responsibility for the injury in accordance with the provisions applicable in the event of injury being caused by one of its own rescue teams.

4 The authorities of the Contracting Parties shall co-operate closely in order to expedite the settlement of claims for compensation. In particular, they shall exchange all the information at their disposal on cases of injury as defined in this article.

5 This article shall also apply to jointly organised exercices by rescue teams.

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N.B. The Parties' attention is drawn to the fact that if they do not retain in the agreements to be concluded both Articles 6 and 7 proposed above as an alternative, but only one of them, they should ensure that the article retained is compatible with the other relevant articles; accordingly, responsibility for the cost of assistance or responsibility for damage to property and injuries.

Article 8



The assistance operations effected by virtue of this agreement shall cease when the autority which asked for assistance so request.

Article 9



In order to facilitate the application of this agreement, the Contracting Parties shall endeavour regularly to organise staff exchanges and joint training exercises for the relevant relief personnel.

Article 10



The Contracting Parties undertake to inform the Secretary General of the Council of Europe of the conclusion of this agreement and to forward the text thereof to him.

Done at ..... this ..... day of ..... in ..... and ...... in two copies, both texts being equally authentic.

For the local authority                    For the local authority

(region) of                                (region) of