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6 JUIN 2002. - Act enacting the Additional Protocol to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities, done in Strasbourg on 9 November 1995 (1) (2)

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. The Additional Protocol to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities, done at Strasbourg on 9 November 1995, will take effect.
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 6 June 2002.
ALBERT
By the King:
Minister of Foreign Affairs,
L. MICHEL
The Minister of the Interior,
A. DUQUESNE.
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
____
Notes
(1) Session 2001-2002.
Senate.
Documents.- Bill tabled on 19 October 2001, No. 2-931/1. - Report on behalf of the Commission, No. 2-931/2
Annales parliamentarians. - Discussion, meeting of January 24, 2002. - Vote, meeting of 31 January 2002.
Room
Documents. - Project transmitted by the Senate, No. 50-1618/1. - Report made on behalf of the commission, no. 50-1618/2. - Text adopted in plenary and subject to Royal Assent, No. 50-1618/3
Annales parliamentarians. - Discussion, meeting of March 27, 2002. - Vote, meeting of 28 March 2002.
(2) See decree of the Flemish Community/ Flemish Region of 7 May 2004 (Moniteur belge of 16 July 2004), decree of the French Community of 3 July 2003 (Moniteur belge of 10 September 2003), decree of the German-speaking Community of 7 October 2002 (Moniteur belge of 20 November 2002), decree of the Walloon Region of 13 November 2002 (Moniteur belge of 4 December 2002 (Ed. 2), decree of the Wall Region^er April 2005), order of the Joint Community Commission of 23 June 2005 (Belgian Monitor of 2 September 2005).

Additional Protocol to the European Framework Convention on Cross-Border Cooperation of Local Authorities
States members of the Council of Europe signatories to this Protocol additional to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities (hereinafter referred to as "the Framework Convention"),
Affirming the importance of cross-border cooperation of local authorities or authorities in border areas;
Resolved to take further measures to ensure cross-border cooperation of local authorities or authorities;
Desirous of facilitating and developing cross-border cooperation between the local authorities and communities in the border regions;
Recognizing the need to adapt the Framework Convention to European reality;
Considering that it is appropriate to complement the Framework Convention with a view to strengthening cross-border cooperation between local authorities or authorities;
Recalling the European Charter of Local Self-Government;
Bearing in mind the Declaration of the Committee of Ministers on cross-border cooperation in Europe on the occasion of the 40th anniversary of the Council of Europe, which encouraged, among other things, to continue efforts to phase out the obstacles of all administrative, legal, political or psychological orders that could hinder the development of cross-border projects,
Additional provisions agreed:
Article 1
1 Each Contracting Party shall recognize and respect the right of territorial authorities or authorities subject to its jurisdiction and subject to Articles 1^er and 2 of the Framework Convention to conclude, in common areas of jurisdiction, agreements for cross-border cooperation with the territorial authorities or authorities of other States, in accordance with the procedures provided for in their statutes, in accordance with national legislation and in accordance with the international commitments made by the Party in question.
2 A cross-border cooperation agreement is the sole responsibility of the territorial authorities or authorities that have entered into it.
Article 2
Decisions agreed in the framework of a cross-border cooperation agreement are implemented by local authorities or authorities in their national legal order in accordance with their national law. The decisions thus implemented are considered to have the legal value and the effects associated with the acts of these communities or authorities in their national legal order.
Article 3
Cross-border cooperation agreements concluded by local authorities or authorities may create a cross-border cooperation body, with or without legal personality. The agreement will indicate, in compliance with the legislation, whether the organization, taking into account the duties assigned to it, must be considered, in the legal order of the communities or authorities that have concluded the agreement, as a public or private law body.
Article 4
1. Where the cross-border co-operation body has the legal personality, it is defined by the law of the Contracting Party in which it has its seat. The other Contracting Parties to which the parties to the agreement are responsible shall recognize the legal personality of that body in accordance with their national law.
2. The cross-border cooperation agency shall carry out the missions entrusted to it by the local authorities or authorities in accordance with its object and under the conditions provided for in the national law of which it is under. Thus:
a. the acts of the transboundary cooperation agency are governed by its status and by the law of the State of its seat;
b. the cross-border co-operation body, however, is not empowered to take actions of a general nature or that may affect the rights and freedoms of persons;
c. the cross-border cooperation agency is financed by budgetary participations of local authorities or authorities. It does not have the ability to decide to debit a tax nature. In the event of a request, the Government may receive revenue for the services it renders to the local authorities or authorities, to users or to third parties;
d. the cross-border cooperation agency shall establish an annual forecast budget and a closing account certified by independent experts of the territorial authorities or authorities that are parties to the agreement.
Article 5
1. Contracting Parties may, if permitted by their national legislation, decide that the transboundary cooperation agency is a public law body and that its acts have, in the legal order of each Contracting Party, the same legal value and effects as if they were taken by the territorial authorities or authorities that have concluded the agreement.
2. However, the agreement may provide that the enforcement of acts is the responsibility of the territorial authorities or authorities that have entered into the agreement, especially where such acts are likely to affect the rights, freedoms and interests of individuals. In addition, a Contracting Party may provide that the cross-border cooperation agency may not have a general mandate or be authorized to take general action.
Article 6
1. The actions taken by the territorial authorities or authorities, under a cross-border cooperation agreement, are subject to the same controls as those provided by the law of each Contracting Party on the acts of the territorial authorities or authorities that have concluded the agreement.
2. The actions taken by the cross-border co-operation bodies, established under an agreement, are subject to the controls provided by the law of the State of the body's headquarters without neglecting the interests of the local authorities or authorities of the other States. The cross-border co-operation body must comply with requests for information from the authorities of the States to which the local authorities are responsible. The control authorities of the Contracting Parties shall seek appropriate coordination and information.
3. The acts taken by the bodies provided for in paragraph 1 of Article 5 shall be subject to the same controls as those provided for in the law of each Contracting Party on the acts of the territorial authorities or authorities that have concluded the agreement.
Article 7
Any disputes arising from the operation of the cross-border cooperation agency shall be brought before the competent courts under national law or under an international agreement.
Article 8
1. Each Contracting Party shall, at the time of signature of this Protocol or the deposit of its instrument of ratification, acceptance or approval, indicate whether it applies the provisions of Articles 4 and 5 or any of these Articles.
2. This statement may be amended at any time thereafter.
Article 9
No reservation is permitted to the provisions of this Protocol.
Article 10
1. This Protocol shall be open for signature by States signatories to the Framework Convention that may express their consent to be bound by:
a. signature without reservation of ratification, acceptance or approval; or
b. signature, subject to ratification, acceptance or approval, followed by ratification, acceptance or approval.
2. A Member State of the Council of Europe shall not sign this Protocol without reservation of ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, if it has not already deposited or if it does not simultaneously deposit an instrument of ratification, acceptance or approval of the Framework Convention.
3. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
Article 11
1. This Protocol shall enter into force three months after the date on which four Council of Europe member States have expressed their consent to be bound by the Protocol, in accordance with the provisions of Article 10.
2. For any Member State that subsequently expresses its consent to be bound by the Protocol, the Protocol shall enter into force three months after the date of signature or deposit of the instrument of ratification, acceptance or approval.
Article 12
1. After the entry into force of this Protocol, any State that has acceded to the Framework Convention may also accede to this Protocol.
2. The accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession which shall take effect three months after the date of its deposit.
Article 13
1. Any Contracting Party may at any time denounce this Protocol by sending a notification to the Secretary General of the Council of Europe.
2. The denunciation shall take effect six months after the date of receipt of the notification by the Secretary General.
Article 14
The Secretary General of the Council of Europe shall notify the States members of the Council of Europe and any State which has acceded to this Protocol:
a. any declarations notified by a Contracting Party in accordance with Article 8;
b. any signature;
c. the deposit of any instrument of ratification, acceptance, approval or accession;
d. any effective date of this Protocol in accordance with Articles 11 and 12;
e. any other act, notification or communication relating to this Protocol.
In faith, the undersigned, duly authorized to do so, have signed this Protocol.
Done in Strasbourg, on 9 November 1995, in French and English, both texts being equally authentic, in a single copy which will be deposited in the archives of the Council of Europe. The Secretary General of the Council of Europe shall transmit certified copies thereof to each Member State of the Council of Europe and to any State invited to accede to this Protocol.

Declaration
"In accordance with Article 8, paragraph 1, of the Additional Protocol, the Kingdom of Belgium declares that it will apply the provisions of Articles 4 and 5 of the Protocol. "

Additional Protocol to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities, done at Strasbourg on 9 November 1995