Типовое соглашение о приграничном или межтерриториальном сотрудничестве по использованию земель вдоль

Типовое соглашение о приграничном или межтерриториальном сотрудничестве по использованию земель вдоль пограничных рек (англ.)

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Приложение

к Конвенции Совета Европы

от 21.05.1980 N 106

1.13 Model agreement on transfrontier or interterritorial co-operation concerning land use along transfrontier rivers



The [states/regional authorities/local authorities] <34> of ....., (hereinafter: Contracting Parties) each traversed by the river .....,

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<34> 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.

Recalling the role and achievements of the Council of Europe in fostering transfrontier co-operation between territorial communities or authorities in Europe,

Having regard to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities of 1980, the European Water Charter of 1968 and the European Regional/Spatial Planning Charter of 1983,

Determined to coordinate their use and management of the river ..... for the purpose of reducing negative effects on the territories traversed by the river,

Have agreed as follows:

Article 1

(Joint Committee)



1 The Contracting Parties shall institute a joint committee (hereinafter: Joint Committee), which shall consist of one representative of each Contracting Party and hold regular meetings.

2 The Joint Committee shall decide on its terms of reference, its duration, its rules of procedure, the dates and the agenda of its meetings and any other matters deemed relevant by the Contracting Parties.

3 Decisions of the Joint Committee shall be binding upon the Joint Committee members. They shall be taken by simple majority vote of the Contracting Parties' representatives present at a meeting, each representative having one vote.

4 The Joint Committee shall be represented vis-a-vis any third party by the Contracting Parties jointly <35>.

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<35> 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.

5 Each Contracting Party shall cover the costs for the participation of its representative in the Joint Committee. Common costs of the Joint Committee shall be borne equally between the Contracting Parties.

Alternative to Article 1:

Article 1

(Consultative Meetings)



1 The Contracting Parties shall have regular meetings (hereinafter: Consultative Meetings) for the purpose of implementing this agreement and consulting each other on matters relevant to the use or non-use of the river ......

2 The dates, the agenda and other relevant matters of the Consultative Meetings shall be decided by simple majority vote, each Contracting Party having one vote. The same applies to other decisions taken during the Consultative Meetings.

3 Each Contracting Party shall cover the costs for its participation. Common costs arising from the activities decided upon at the Consultative Meetings shall be borne equally.

Article 2

(Fields of Activity)



1 The Contracting Parties shall regularly measure the water level, speed and quality of the river .....; they shall produce regularly land maps of the river, its linked waters and the surrounding area of up to ..... kilometers from the river banks <36>; such maps indicating the land use, the use of the river and linked waters, and the water and land quality.

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<36> The Contracting Parties may wish to adapt the range of the territory in question to their particular situation.

2 The Contracting Parties shall provide [the Joint Committee/each other at the Consultative Meetings] with any information relevant to the use and management of the river ....., and especially the following:

a up-dated land maps of the territories specified in paragraph (1) of this Article;

b major planned or undertaken construction work (or such work which is in progress at the time of entry into force of this agreement), or changes in the land use, which might affect the flow of the river or linked waters, its traffic, its usability (in particular its navigability) or its water quality;

c the average introduction of substances into the river emanating from their territory according to direct or implied permissions granted by an authority as well as any known but unauthorised introductions;

d major diversions of river water.

3 The [Joint Committee/Contracting Parties at their Consultative Meetings] shall formulate guidelines for the use or non-use of the river ..... and the territories specified in paragraph (1) of this Article, as far as such use or non-use might affect the flow of the river or linked waters, its traffic, its usability (in particular its navigability) or its water quality. Such guidelines shall not be legally binding, but shall be taken into account by the Contracting Parties when exercising their discretion.

4 The [Joint Committee/Contracting Parties at their Consultative Meetings] may, after having agreed on the financial terms by unanimous vote, commission studies or undertake positive action concerning the flow of the river ....., its traffic, its usability (in particular its navigability) or its water quality. If a unanimous vote on the financial terms cannot be reached, individual Contracting Parties can agree to realize the activity in question.

Article 3

(Work Objectives)



The Contracting Parties shall endeavour to support the goals of this agreement and, in particular, to comply with the following objectives <37>:

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<37> These objectives are not exhaustive and the Contracting Parties may wish to amend them according to their particular situation and competencies.

a (Anti-Flood Measures)

- the natural flow of the river ..... and its linked waters should not be altered;

- the speed of the water flow should not be increased, directly or indirectly;

- meanders, natural river banks, river branches, marshlands and flood plains should be preserved or recreated;

- commercial or private land use close to the river, possibly aggravating flood situations, should be avoided;

- backwater installations, sluices and floodgates should be maintained or installed, where appropriate;

- the natural seepage of rain water should be fostered;

- mountain areas bordering the river or its linked waters should receive special attention with respect to the aforementioned objectives.

b (Anti-Pollution Measures)

- the introduction of toxic substances into the river ..... and its linked waters as well as the ground water should be avoided;

- the use, especially agricultural use, of land traversed by the river or its linked waters which has negative consequences on the water quality should be avoided;

- the transportation of dangerous cargo on the river ..... should be limited and relief measures should be set up for accidents.

Article 4

(Emergency Actions)



1 The Contracting Parties shall immediately inform each other of any significant change or likelihood of a significant change in the flow of the river ....., its level or its water quality, if such a change is likely to threaten the inhabitants or the environment of the area referred to in Article 2, paragraph 1, or the users of the river and linked waters. For this purpose, each Contracting Party shall name a contact address to be provided with such information.

2 If the case referred to in paragraph 1 of this Article arises, the Contracting Parties shall convene an ad hoc meeting in order to decide on appropriate emergency relief measures.

3 Each Contracting Party shall refrain from any measures aggravating the negative effects of the above-mentioned change during the emergency.

Article 5

(Final Provisions)



1 Each Contracting Party can withdraw from this agreement by written notice to the [Joint Committee/other Contracting Parties], notwithstanding the validity of any prior financial commitments. New Contracting Parties can be admitted with the consent of the existing Contracting Parties <38>.

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<38> Special requirements will apply, if the Contracting Parties choose to create a Joint Committee with legal personality under Article 1.

2 Any dispute concerning or arising from this agreement shall be settled among the Contracting Parties themselves in good faith. The rights of third parties to legal recourse against individual Contracting Parties before competent courts shall not be limited.

3 The Contracting Parties shall inform the Secretary General of the Council of Europe of this agreement.

4 This agreement shall be concluded [indefinitely/for a period of ..... years, renewable for subsequent terms of ..... years unless cancelled by unanimous vote of the Contracting Parties before the end of a term].

Done at ....., this ..... day of ....., in ..... and ..... (languages), each text being equally authentic.