Model inter-State agreements
Outline agreements, contracts and statutes
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The member States of the Council of Europe, signatories to this Convention,
Considering that the aim of the Council of Europe is to achieve a greater unity between its members and to promote co-operation between them;
Considering that, as defined in Article 1 of the Council of Europe Statute, this aim will be pursued in particular by agreements in the administrative field;
Considering that the Council of Europe shall ensure the participation of the territorial communities or authorities of Europe in the achievement of its aim;
Considering the potential importance, for the pursuit of this objective, of co-operation between territorial communities or authorities at frontiers in such fields as regional, urban and rural development, environmental protection, the improvement of public facilities and services and mutual assistance in emergencies;
Having regard to past experience which shows that co-operation between local and regional authorities in Europe makes it easier for them to carry out their tasks effectively and contributes in particular to the improvement and development of frontier regions;
Being resolved to promote such co-operation as far as possible and to contribute in this way to the economic and social progress of frontier regions and to the spirit of fellowship which unites the peoples of Europe,
Have agreed as follows:
Each Contracting Party undertakes to facilitate and foster transfrontier co-operation between territorial communities or authorities within its jurisdiction and territorial communities or authorities within the jurisdiction of other Contracting Parties. It shall endeavour to promote the conclusion of any agreements and arrangements that may prove necessary for this purpose with due regard to the different constitutional provisions of each Party.
Each Contracting Party shall endeavour to resolve any legal, administrative or technical difficulties liable to hamper the development and smooth running of transfrontier co-operation and shall consult with the other Contracting Party or Parties concerned to the extent required.
The Contracting Parties shall consider the advisability of granting to territorial communities or authorities engaging in transfrontier co-operation in accordance with the provisions of this Convention the same facilities as if they were co-operating at national level.
Each Contracting Party shall supply to the fullest possible extent any information requested by another Contracting Party in order to facilitate the performance by the latter of its obligations under this Convention.
Each Contracting Party shall see to it that the territorial communities or authorities concerned are informed of the means of action open to them under this Convention.
The Secretary General of the Council of Europe shall notify the member States of the Council of Europe, and any State that has acceded to this Convention of:
In witness whereof the undersigned, being duly authorised thereto, have signed this Convention.
Done at Madrid, the 21st day of May 1980 in English and in French, both texts being equally authentic, in a single copy which shall be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies to each member State of the Council of Europe and to any State invited to accede to this Convention.
This graduated system of model agreements was devised by distinguishing between two main categories defined according to the level at which the agreement is concluded:
model inter-state agreements on transfrontier co-operation at local and regional level;
outline agreements, contracts and statutes capable of providing a basis for transfrontier co-operation between territorial authorities or communities.
As shown in the table hereafter, only the two model inter-state agreements for the promotion of transfrontier co-operation and regional transfrontier liaison fall exclusively within the jurisdiction of States. The other inter-state agreements merely establish a legal framework for the conclusion of agreements or contracts between territorial authorities or communities, the outlines of which have been placed in the second category.
General clauses for model agreements
1.1 Model inter-state agreement for the promotion of transfrontier co-operation
1.2 Model inter-state agreement on regional transfrontier consultation
1.3 Model inter-state agreement on local transfrontier consultation
1.4 Model inter-state agreement on contractual transfrontier co-operation between local authorities
1.5 Model inter-state agreement on organs of transfrontier co-operation between local authorities
1.6 Model agreement in interregional and/or intermunicipal economic and social co-operation
1.7 Model agreement on inter-governmental co-operation in the field of spatial planning
1.8 Model agreement in interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning
1.9 Model agreement on the creation and management of transfrontier parks
1.10 Model agreement on the creation and management of transfrontier rural parks
1.11 Model inter-state agreement on transfrontier co-operation in matters concerning lifelong training, information, employment and working conditions
1.12 Model inter-state agreement for the promotion of transfrontier or transnational school co-operation
1.13 Model agreement on transfrontier or interterritorial co-operation concerning land use along transfrontier rivers
1.14 Model inter-state agreement (bilateral or multilateral) on transfrontier co-operation groupings having legal personality and Appendix
2.1 Outline agreement on the setting up of a consultation group between local authorities
2.2 Outline agreement on co-ordination in the management of transfrontier local public affairs
2.3 Outline agreement on the setting up of private law transfrontier associations
2.4 Outline contract for the provision of supplies or services between local authorities in frontier areas (private-law type)
2.5 Outline contract for the provision of supplies or services between local authorities in frontier areas (public-law type)
2.6 Outline agreement on the setting up of organs of transfrontier co-operation between local authorities
2.7 Model agreement in interregional and/or intermunicipal economic and social co-operation (see para. 1.6)
2.8 Model agreement in interregional and/or intermunicipal transfrontier co-operation in the field of spatial planning (see para. 1.8)
2.9 Model agreement on the creation and management of transfrontier parks (see para. 1.9)
2.10 Model agreement on the creation and management of transfrontier rural parks (see para. 1.10)
2.11 Model agreement on the creation and management of transfrontier parks between private law associations
2.12 Model agreement between local and regional authorities on the development of transfrontier co-operation in civil protection and mutual aid in the event of disasters occuring in frontier areas
2.13 Model agreement on transnational co-operation between schools and local communities
2.14 Model agreement on the institution of a transfrontier school curriculum
2.15 Model agreement on transfrontier or interterritorial co-operation concerning land use along transfrontier rivers
2.16 Model agreement on transfrontier co-operation establishing the statutes of a transfrontier co-operation grouping having legal personality and Appendix
(1) Additional model and outline agreements have been authorized for publication; they are
appended to this Convention and numbered 1.6 to 1.13 and 2.7 to 2.15.
(2) As stated in Article 3, first paragraph, second sub-paragraph, of the Convention, the model and outline agreements, statutes and contracts are intended for guidance only and have no treaty value.