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RS 0.131.12 Protocol No. 2 of 5 May 1998 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities on Interterritorial Cooperation

Original Language Title: RS 0.131.12 Protocole no 2 du 5 mai 1998 à la Convention-cadre européenne sur la coopération transfrontalière des collectivités ou autorités territoriales relatif à la coopération interterritoriale

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0.131.12

Original text

Protocol n O 2

To the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities on Interterritorial Cooperation

Conclu in Strasbourg on 5 May 1998
Approved by the Federal Assembly on October 4, 2002 1
Instrument of ratification deposited by Switzerland on 26 February 2003
Entered into force for Switzerland on 27 May 2003

(State on 31 January 2013)

Preamble

The member states of the Council of Europe which are signatories to this Protocol n O 2 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities 2 ,

Considering the conclusion, on 9 November 1995, of the Additional Protocol to the Framework Convention on the Legal Effects of Acts in the Framework of Cross-Border Co-operation 3 And the legal status of cooperation bodies possibly created by cross-border cooperation agreements;

Whereas, for the more effective performance of their functions, local authorities and authorities are increasingly collaborating not only with neighbouring communities in other states (transfrontier co-operation), but also with Non-contiguous foreign communities that have a community of interest (inter-territorial cooperation), and this not only within the framework of transfrontier co-operation bodies and associations of communities or authorities Bilaterally, but also bilaterally;

Bearing in mind the Vienna Declaration of 1993, in which the Heads of State and Government of the Member States recognise the role of the Council of Europe in the creation of a tolerant and prosperous Europe through cooperation Cross-border communities or territorial authorities;

Noting that in the field of interterritorial cooperation there is no instrument comparable to the Framework Convention;

Wishing to give inter-territorial cooperation a legal framework at international level,

Agreed to the following provisions:

Art. 1

For the purposes of this Protocol, "inter-territorial cooperation" means any consultation aimed at establishing relations between the territorial authorities of two or more Contracting Parties, other than the cooperation reports Of neighbouring communities, including the conclusion of agreements with local authorities or authorities of other states.

Art. 2

(1) Each Contracting Party shall recognise and respect the law of the territorial authorities or authorities within its jurisdiction and referred to in s. 1 and 2 of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities (hereinafter referred to as "the Framework Convention") , to maintain reports and conclude, in the common areas of competence, inter-territorial cooperation agreements in accordance with the procedures laid down in their statutes, in accordance with national legislation and in accordance with commitments International action taken by the Contracting Party concerned.

(2) An interterritorial cooperation agreement shall be the sole responsibility of the local authorities or authorities who have concluded it.

Art. 3

The Contracting Parties to this Protocol shall apply, Mutatis mutandis , the Framework Convention for Interterritorial Cooperation.

Art. 4

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 , the said Protocol to interterritorial cooperation.

Art. 5

For the purposes of this Protocol, the expression " Mutatis mutandis " Means that in the Framework Convention and the Additional Protocol the term "transfrontier co-operation" should be read as "inter-territorial cooperation" and that the Articles of the Framework Convention and the Additional Protocol shall apply to less The present Protocol does not otherwise dispose of it.

Art. 6

(1) Each Contracting Party to the Framework Convention and the Additional Protocol shall indicate, at the time of signature of this Protocol or the deposit of its instrument of ratification, acceptance or approval, if it applies, in accordance with Provisions of s. 4 of this Protocol, the provisions of Art. 4 and 5 of the Additional Protocol or only one of those articles.

(2) This declaration may be amended at any time thereafter by a declaration addressed to the Secretary General of the Council of Europe.

Art. 7

No reservation shall be made to the provisions of this Protocol.

Art. 8

(1) This Protocol shall be open for signature by the signatory States of 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 may not sign this Protocol without reservation as to ratification, acceptance or approval, or deposit an instrument of ratification, acceptance or approval, if it has not already deposited or if it does not Shall not simultaneously deposit an instrument of ratification, acceptance or approval of the Framework Convention.

(3) Instruments of ratification, acceptance or approval shall be deposited with the Secretary General of the Council of Europe.

Art.

(1) This Protocol shall enter into force three months after the date on which four member States of the Council of Europe have expressed their consent to be bound by the Protocol, in accordance with the provisions of Art. 8.

(2) For any Member State which subsequently expresses its consent to be bound by this Protocol, it shall enter into force three months after the date of signature or deposit of the instrument of ratification, acceptance or approval.

Art. 10

(1) After the entry into force of this Protocol, any State which has acceded to the Framework Convention may also accede to this Protocol.

(2) Accession shall be effected by the deposit, by 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.

Art. 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) Denunciation shall take effect six months after the date of receipt of the notification by the Secretary General of the Council of Europe.

Art. 12 Scope of application January 31, 2013

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 Art. 6;
(b)
Any signature of this Protocol;
(c)
The deposit of any instrument of ratification, acceptance, approval or accession;
(d)
Any date of entry into force of this Protocol, in accordance with its art. 9 or his art. 10;
(e)
Any other act, notification or communication relating to this Protocol.

In witness whereof, The undersigned, duly authorized to that effect, have signed this Protocol.

Done at Strasbourg, on 5 May 1998, 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 Protocol.

(Suivent signatures)

Scope of application January 31, 2013 4

States Parties

Ratification Signature without reservation of ratification (If)

Entry into force

Albania A

11 December

2001

12 March

2002

Germany B

2 October

2001 If

3 January

2002

Armenia A

October 31

2003

1 Er February

2004

Austria B

22 September

2006

December 23

2006

Azerbaijan B

30 March

2004

1 Er July

2004

Belgium A

12 June

2009

13 September

2009

Bosnia and Herzegovina A

7 October

2008

8 January

2009

Bulgaria B

30 June

2005

1 Er October

2005

France B

7 May

2007

8 August

2007

Lithuania A

26 November

2002

February 27

2003

Luxembourg A

July 2

1999

1 Er February

2001

Moldova

27 June

2001 If

28 September

2001

Monaco B

18 September

2007

19 December

2007

Montenegro B

8 December

2010

March 9

2011

Netherlands C

August 11

1999

1 Er February

2001

Russia A

27 November

2008

28 February

2009

Slovakia B

October 31

2000

1 Er February

2001

Slovenia A

September 17

2003

18 December

2003

Sweden B

5 May

1998 If

1 Er February

2001

Switzerland B

26 February

2003

27 May

2003

Ukraine A

4 November

2004

5 February

2005

A

In accordance with Art. 6, para. 1, of Protocol No. O 2, that Contracting Party has stated that it will apply the provisions of Art. 4 and 5.

B

In accordance with Art. 6, para. 1, of Protocol No. O 2, that Contracting Party has stated that it will apply the only provisions of Art. 4.

C

The Protocol n O 2 applies to the Kingdom in Europe.


RO 2004 833 ; FF 2002 2937


1 RO 2004 831
2 RS 0.131.1
3 RS 0.131.11
4 RO 2004 833 , 2006 1151, 2009 2467 and 2013 471. A version of the updated scope of application is published on the DFAE website (www.dfae.admin.ch/traites).


Status January 31, 2013