Типовое соглашение о межрегиональном и/или межмуниципальном приграничном сотрудничестве в области пространственного планирования (вариант 1) (англ.)

Приложение к Конвенции Совета Европы от 21.05.1980 N 106

1.8 Model agreement on interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning
(Alternative 1)

Inter-State agreement

[The Governments of...........................................
and of........................................................
wishing to promote transfrontier co-operation in the field of spatial planning, have agreed that co-operation machinery shall be set up
between the regional/local authority of .....
and the regional/local authority of .....]

(Alternative 2)

Interregional and/or intermunicipal agreement

The regional/local authorities of.............................
and of........................................................
The states of.................................................
and of........................................................
- bearing in mind the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (1980);
- bearing in mind the European Regional/Spatial Planning Charter (1983);
- wishing to promote and facilitate co-operation in the field of spatial planning, in particular in their common frontier regions;
- convinced of the need to promote co-ordination and harmonisation of spatial planning measures in their common frontier regions;
- bearing in mind the existing national and regional plans and programmes on spatial planning,
have agreed as follows:

Article 1
a Within the framework of current laws and regulations, the Parties undertake to institute and develop a procedure for mutual consultation to precede the stage of planning preparation in the field of spatial development and, where appropriate, of regional development.
b They shall endeavour to co-ordinate objectives and to work out joint policies in the field of spatial planning with regard to the development of their respective territories.
c The Parties undertake to put in hand the measures necessary for implementing the projects co-ordinated by the competent [national] [regional] [local] authorities.

(Alternative 1):

Article 2
In order to implement Article 1, the Parties shall set up a Joint Commission [a group of experts] on spatial planning.

Article 3
The Commission [group of experts] shall comprise ..... representatives, ..... members from the ..... side and ..... members from the ..... side.
In accordance with its terms of reference, the Commission [group of experts] shall be made up as follows:
Party A: [from the ..... side:]
([..... members designated by national authorities])
..... members designated by regional authorities
[..... members designated by local authorities];
Party B: [from the ..... side:]
([..... members designated by national authorities])
..... members designated by regional authorities
[..... members designated by local authorities];

Article 4
The terms of reference of the Commission [group of experts] shall be:
- to organise and conduct information exchange on all aspects of spatial planning in the region under review;
- to devise a procedure for consultation prior at the planning stage;
- to harmonise, within their own competence, spatial development plans;
- to confer together on the co-ordinated implementation of spatial development plans and projects.

[Article 5
The Commission shall be served by a permanent Secretariat.]

Article 6
The Commission shall meet as often as necessary, and shall hold at least ..... meetings per year.
The chairmanship shall alternate between the two countries (every two years).
The Commission may co-opt experts.
The Commission shall adopt its own rules of procedure and the rules governing the working and funding of its Secretariat.

Article 7
Each party shall defray the expenses of its own delegation.

Article 8
The present agreement is concluded for a period of ..... years from its entry into force. It shall then be automatically renewed, for a further period of ..... years, unless denounced by one of the Parties one year prior to expiry  19 .

19 Additional protocols may be concluded, in particular on the models appearing in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Article 9
Each Party shall notify the other of the completion of the procedures required under its national law  20  for the implementation of the present agreement, which shall take effect from the date of the later notification  21 .

20 The agreement shall specify, providing details, where appropriate:
a the procedures required by the national law of Parties to the agreement which may apply to the following questions:
- name and address of the Commission;
- precise definition of the powers assigned to the Commission;
- regulations governing decision-making methods;
- reference to the public nature of deliberations;
- definition of the relevant rules with regard to budget and estimates;
- definition of the methods of funding projects;
- definition of the methods of amending the rules (ie the terms of the agreement);
- definition of the methods of admission to and withdrawal from membership;
- etc.
b specifications required by Community directives and regulations for access to the structural Funds.
21 For other wordings, the parties may refer to the general clauses for Model Inter-State Agreements 1.1 to 1.5 (see footnote 1, page 3) suggested in the Appendix to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Done at ....., this ..... day of ....., in ..... copies, in the ..... and ..... languages, each text being equally authentic.



Источник - Конвенция СЕ от 21.05.1980 № 106