Рамочный контракт на поставку товаров и предоставление услуг между приграничными местными властями (регулирование публичным правом) (англ.)

Приложение к Конвенции Совета Европы от 21.05.1980 N 106

2.5 Outline contract

for the provision of supplies or services between

local authorities in frontier areas ("public-law" type)

Introductory note: This type of contract is similar to that dealt with under 2.4 ("private-law" contracts) in that it relates to specific purposes. This type is more particularly concerned with concessions or contracts for public services or public works (or services or works which are regarded as "public" by one of the countries concerned), or the provision of contributory finance <39>, from one authority to another on the other side of the frontier. Such public concessions entail special risks and responsibilities related to the public services provided which require the inclusion in the contract of other provisions in addition to those specified in the model "private-law" contract.

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<39> This arrangement might be particularly useful to frontier authorities, eg in the case of pollution: one authority might offer another contributory finance to enable it to carry out work within its competence but of value to the first.

"Transfrontier" contracts of this type are not necessarily permitted in all countries. Consequently, the possibility of such arrangements and the conditions for their use would often first have to be provided for in an inter-state agreement (see model agreement 1.4).

The use of such a contract, which is simple enough to devise and implement, could in some cases obviate the need for a joint agency of the "Transfrontier Syndicate of Local Authorities" type (see 2.6), which raises other legal problems.

Contractual provisions

Where the contract involves the establishment or administration of public property, a public service or facility belonging to a local authority in at least one of the countries, contractual guarantees must be specified in accordance with the rules which apply in the country or countries concerned.

The contract will also, where necessary, make reference to the following specific conditions:

1 the regulations governing the establishment or operation of the facility or service concerned (eg timetable, charges, conditions of use, etc.);

2 special conditions governing the setting up of the facility or service (eg permits required, procedure, etc.);

3 the conditions of contract for the facility or service;

4 the procedure for adjusting the contract for reasons of public interest and resulting financial compensation;

5 ensuing relations between users of the facility or service and the operator (eg conditions of access, charges, etc.);

6 withdrawal from, surrender or termination of the contract.

In addition to these special requirements, the provisions specified in the specimen "private-law" contract 2.4 will also apply.