Типовое соглашение о создании и управлении приграничными парками (англ.)

Приложение к Конвенции Совета Европы от 21.05.1980 N 106

1.9 Model agreement on the creation and management of transfrontier parks
The Governments of............................................
and of........................................................
[and of......................................................]
and/or the competent territorial authorities of...............
and of........................................................
- aware of the need to work together in protecting nature, landscapes and the environment and developing the natural areas which are necessary to the quality of human life;
- wishing to harmonise their decisions affecting the management of an area of outstanding value overlapping their common frontiers;
- intent on preserving the area's natural assets and landscape features and providing the public with exceptional facilities for learning about nature and the environment,
have agreed as follows:

Article 1
1 The Parties agree that this area shall be designated
"..... TRANSFRONTIER PARK".
2 The park shall comprise:
. on the ..... side, the area situated .....
. on the ..... side, the area situated .....
[. on the ..... side, the area situated .....]
3 The precise boundaries of the park are shown on the map which is attached to this agreement and is an integral part thereof.

Article 2
1 The Parties undertake, each in accordance with its own laws:
- to maintain and improve the natural landscape and its specific character;
- to protect and enrich its natural heritage (fauna, flora, habitats);
- to take the necessary steps to preserve the factors likely to influence the above-mentioned ecological and physical assets of the transfrontier park and the environment;
- to protect and enhance the cultural heritage (whether architectural, archaeological, rural or historical);
- to promote information, education and reception facilities as part of a general policy for environmental appreciation and the interpretation of the natural and cultural heritage;
- to supervise and guide the economic, social and cultural activities in the park which further the aims stated above without transforming its character.
2 To this end, the Parties undertake to harmonise their methods of management and to co-ordinate all development projects or improvements by means of a comprehensive action programme leading ultimately to joint management of the park based on a joint management plan. The Parties will promote the exchange of information and experience.

Article 3
1. A Joint Committee  25  of ..... members shall be set up, comprising: [representatives of the State as well as regional authorities]
- ..... members from the ..... side
- ..... members from the ..... side
- [..... members from the ..... side]

25 In establishing a Joint Committee, one can take into account the existing institutions for transfrontier co-operation.

2. The Joint Committee shall establish a local Committee, whose membership shall include representatives of the States and the regional and local authorities concerned, to take charge of implementing this agreement.
Are also included representatives of recognised private nature conservation organisations and organisations which contribute to the safeguarding of the landscape and the environment.
At least once a year the local Committee shall submit a progress report to the Joint Committee with any proposals relevant to management and development of the park.
3. The Joint Committee may set up any other committee or working party.
4. The Joint Committee's terms of reference shall be:
- to ensure transfrontier co-operation through co-ordinated implementation of the objectives listed in Article 2 of this agreement;
- to deal with all other matters relating to management of the park.
5. The Joint Committee shall hold ... meetings each year. It may call in experts at these meetings.
- It adopts its own rules of procedure.
- The Chairmanship of the Joint Committee shall be held alternately by a member of each national delegation; the length of the chairman's term of office will be laid down in the rules of procedure.

Article 4
Each party shall defray the expenditure of its own delegation to the Joint Committee.

Article 5
This agreement is concluded for a period of ... years as 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  26 .

26 Protocols may be added, notably on the lines of the models appended to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities.

Article 6
Each Party shall notify the other of the completion of the procedures required under its national law  27  for the implementation of the present agreement, which shall take effect from the date of the later notification  28 .

27 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.
28 For all other arrangements, the Parties may refer to the general clauses for Model Inter-State Agreements appended 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