Типовое соглашение о межправительственном сотрудничестве в области пространственного планирования (англ.)

Приложение к Конвенции Совета Европы от 21.05.1980 N 106

1.7 Model agreement

on intergovernmental co-operation in the field

of spatial planning

[creation of intergovernmental commissions on transfrontier spatial planning]

Inter-State agreement

The Government of.............................................

and the Government 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);

- anxious to promote and facilitate co-operation in spatial planning where it relates to common frontier regions,

have agreed as follows:

Article 1

A joint spatial planning commission (hereinafter referred to as "the Commission") shall be appointed.

Article 2

[In Article 2, the development projects to be undertaken and the exact objectives of the Commission are determining factors in choosing the most suitable representation.]

The Commission shall comprise ..... members:

- ..... members from the ..... side and

- ..... members from the ..... side;

In accordance with its terms of reference, the Commission 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 3

Within the framework of spatial planning activities undertaken by the parties, the Commission shall be responsible for ensuring co-operation between the frontier regions covered by these activities, for co-ordinating objectives in this field between those regions and for developing concerted action by all appropriate means within the scope of current legislation and regulation.

For this purpose, it shall:

- make proposals and recommendations on spatial planning in the said regions and present them to the competent bodies:

- promote co-ordination and harmonisation of the following measures:

Article 4

The Commission may set up committees and/or working parties with the task of dealing with specific questions relating to a given region or a particular problem.

Article 5

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 6

Each party shall defray the expenses of its own delegation.

Article 7

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 <16>.

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<16> 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 8

Each Party shall notify the other of the completion of the procedures required under its national law <17> for the implementation of the present agreement, which shall take effect from the date of the later notification <18>.

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<17> 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.

<18> 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.