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Law Approving The Protocol No. 2 To The European Outline Convention On Transfrontier Co-Operation Between The Territorial Communities Or Authorities Concerning Interterritorial Cooperation, Done At Strasbourg On 5 May 1998 (1) (2).

Original Language Title: Loi portant assentiment au Protocole n° 2 à la Convention-cadre européenne sur la coopération transfrontalière des collectivités ou autorités territoriales relatif à la coopération interterritoriale, fait à Strasbourg le 5 mai 1998 (1) (2)

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belgiquelex.be - Carrefour Bank of Legislation

24 SEPTEMBER 2006. - Act enacting Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities on Inter-Territorial Cooperation, done in Strasbourg on 5 May 1998 (1) (2)



ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1er. This Act regulates a matter referred to in Article 77 of the Constitution.
Art. 2. Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities on Inter-Territorial Cooperation, done at Strasbourg on 5 May 1998, 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 24 September 2006.
ALBERT
By the King:
Minister of Foreign Affairs,
K. DE GUCHT
The Minister of the Interior,
P. DEWAEL
Seal of the state seal:
The Minister of Justice,
Ms. L. ONKELINX
____
Notes
(1) Session 2005-2006.
Senate.
Documents. - Bill tabled on 16 March 2006, No. 3-1621/1. - Report, number 3-1621/2.
Annales parliamentarians. - Discussion, meeting of June 15, 2006. - Vote, meeting of 15 June 2006.
Room.
Documents. - Project transmitted by the Senate, No. 51-2558/1. - Text adopted in plenary session and subject to Royal Assent, No. 51-2558/2.
Annales parliamentarians. - Discussion, meeting of 13 July 2006. - Vote, meeting of 13 July 2006.
(2) See Decree of the Flemish Community/ Flemish Region of 21 December 2007(Belgian Monitor of 6 February 2008 ), Decree of the French Community of 9 May 2008 (Belgian Monitor of 18 June 2008 ), Decree of the German-speaking Community of 19 January 2009 (Belgian Monitor of 18 March 2009 (Ed.2)), Decree of the Walloon Region of 8 May 2008 (Belgian Council of 21 May 2008),

Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities on Inter-Territorial Cooperation
Preamble
States members of the Council of Europe Signatories to this Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities,
Considering the conclusion, on 9 November 1995, of the Additional Protocol to the Framework Convention on the Legal Effects of Acts Made in the context of cross-border cooperation and the legal status of cooperation bodies possibly established by cross-border cooperation agreements;
Considering that, for the more effective performance of their functions, local authorities and communities are increasingly working together not only with the neighbouring communities of other States (cross-border cooperation), but also with the non-contiguous foreign communities that present a community of interests (interterritorial cooperation), not only within the framework of cross-border cooperation organizations and associations of communities or territorial authorities,
Bearing in mind the 1993 Vienna Declaration, in which the Heads of State and the Government of the Member States recognize the role of the Council of Europe in the creation of a tolerant and prosperous Europe through the cross-border cooperation of the territorial authorities or authorities;
Noting that in the area of inter-territorial cooperation there is no instrument comparable to the Framework Convention;
Wishing to give inter-territorial cooperation an international legal framework,
The following provisions were agreed:
Article 1
For the purpose of this Protocol, "interterritorial cooperation" means any consultation to establish relations between local authorities or authorities of two or more Contracting Parties, other than the cross-border cooperation reports of neighbouring communities, including the conclusion of agreements with the territorial authorities or authorities of other States.
Article 2
1. Each Contracting Party shall recognize and respect the rights of territorial authorities or authorities, within its jurisdiction and subject to Articles 1 and 2 of the European Framework Convention on the Cross-Border Cooperation of Territorial Authorities or Authorities (hereinafter referred to as "the Framework Convention"), to maintain reports and to conclude, in common areas of jurisdiction, inter-territorial cooperation agreements in accordance with the procedures established by their statutes, in accordance with national legislation and in
2. An inter-territorial cooperation agreement is the sole responsibility of the territorial authorities or authorities that have entered into it.
Article 3
The Contracting Parties to this Protocol shall apply, mutatis mutandis, the Convention to interterritorial cooperation.
Article 4
The Contracting Parties to this Protocol, which are also Contracting Parties to the Additional Protocol to the Framework Convention (hereinafter referred to as the Additional Protocol) shall apply, mutatis mutandis, that Protocol to interterritorial cooperation.
Article 5
For the purpose of this Protocol, the term "mutatis mutandis" means that in the Framework Convention and the Additional Protocol the term "transborder cooperation" must be read as "interterritorial cooperation" and that the articles of the Framework Convention and the Additional Protocol will be applicable unless this Protocol otherwise provides.
Article 6
1. Each Contracting Party to the Framework Convention and the Additional Protocol shall, at the time of signature of this Protocol or the deposit of its instrument of ratification, acceptance or approval, apply, in accordance with the provisions of Article 4 of this Protocol, the provisions of Articles 4 and 5 of the Additional Protocol or of one of these Articles.
2. This statement may be amended at any time thereafter by a statement addressed to the Secretary General of the Council of Europe.
Article 7
No reservation is permitted to the provisions of this Protocol.
Article 8
1. This Protocol shall be open for signature by States signatories to the Framework Convention, which 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 9
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 8.
2. For any Member State that subsequently expresses its consent to be bound by this Protocol, this Protocol shall enter into force three months after the date of signature or deposit of the instrument of ratification, acceptance or approval.
Article 10
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, close to 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 11
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 of the Council of Europe.
Article 12
The Secretary General of the Council of Europe shall notify the Member States 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 6;
b. any signature of this Protocol;
c. the deposit of any instrument of ratification, acceptance, approval or accession;
d. any effective date of this Protocol, in accordance with Article 9 or Article 10;
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 5 May 1998, in English and French, 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 the European and any State invited to accede to this Protocol.

Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities
on inter-territorial cooperation, done at Strasbourg on 5 May 1998

DECLARATION
"In accordance with Article 6, paragraph 1, of Protocol No.2, the Kingdom of Belgium declares that it will apply the provisions of Articles 4 and 5 of the Protocol".