The member States of the Council of Europe signatory to this Protocol
No. 2 to the European Outline Convention on
Transfrontier Co-operation between Territorial Communities or Authorities,
Considering the conclusion, on 9 November 1995, of the Additional Protocol to the Outline Convention, concerning the legal effects of acts performed within the framework of transfrontier co-operation and of the legal status of any co-operation bodies to be set up by transfrontier cooperation agreements;
Considering that, in order to perform their functions effectively, territorial communities or authorities are increasingly co-operating not only with neighbouring authorities of other States (transfrontier co-operation), but also with foreign non-neighbouring authorities having common interests (interterritorial co-operation), and are doing so not only within the framework of transfrontier co-operation bodies and associations of territorial communities or authorities but also at bilateral level;
Bearing in mind the Vienna Declaration of 1993 of the heads of State and government of the member States, which recognised the role of the Council of Europe in the creation of a tolerant and prosperous Europe through transfrontier co-operation of territorial communities or authorities;
Noting that in the field of interterritorial co-operation there is no instrument comparable to the Outline Convention;
Wishing to give interterritorial co-operation an international legal framework,
Have agreed the following provisions:
For the purpose of this Protocol, "interterritorial co-operation" shall mean any concerted action designed to establish relations between territorial communities or authorities of two or more Contracting Parties, other than relations of transfrontier co-operation of neighbouring authorities, including the conclusion of co-operation agreements with territorial communities or authorities of other States.
The Contracting Parties to this Protocol shall apply, mutatis mutandis, the Outline Convention to interterritorial co-operation.
The Contracting Parties to this Protocol, which are also Contracting Parties to the Additional Protocol to the Outline Convention (hereinafter referred to as "the Additional Protocol"), shall apply, mutatis mutandis, the aforesaid Protocol to interterritorial co-operation.
For the purpose of the present Protocol, "mutatis mutandis" means that in the Outline Convention and the Additional Protocol the term "transfrontier co-operation" shall be read as "interterritorial co-operation" and that the articles of the Outline Convention and of the Additional Protocol shall apply unless otherwise provided by the present Protocol.
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 of:
- any declarations submitted by a Contracting Party in conformity with Article 6;
- any signature of this Protocol;
- the deposit of any instrument of ratification, acceptance, approval or accession;
- any date of entry into force of this Protocol in accordance with Article 9 and Article 10;
- any other measure, notification or communication relating to this Protocol.
In witness whereof, the undersigned, being duly authorised thereto, have signed this Protocol.
Done at Strasbourg, this 5th day of 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.
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