Těšín Silesia Euroregion Agreement

AGREEMENT ON REGIONAL COOPERATION

UNDER THE NAME:

EUROREGION TĚŠÍN SILESIA - ŚLĄSK CIESZYŃSKI

concluded on April 22, 1998, in Cieszyn between:

THE POLISH PARTY represented by:
Association for Development and Regional Cooperation "Olza" based in Cieszyn

(Sdružení rozvoje a regionální spolupráce "Olza" se sídlem v Cieszynie)

and

THE CZECH PARTY represented by:
Regional Association of Czech-Polish Cooperation of Těšín Silesia based in Czech Cieszyn

(Regionální sdružení česko - polské spolupráce Těšínského Slezska se sídlem v Českém Těšíně)

 

Preamble
 

"Association for Development and Regional Cooperation "Olza" based in Cieszyn" and "Regional Association of Czech-Polish Cooperation of Těšín Silesia based in Czech Cieszyn", hereinafter referred to as the parties,

  • supporting the idea of cross-border cooperation and European unity,
  • in concern for the development of mutual and friendly relations between the Republic of Poland and the Czech Republic,

pursuant to the "Agreement between the Government of the Republic of Poland and the Government of the Czech Republic on Cross-border Cooperation", concluded on September 8, 1994, in Warsaw, and taking into account:

  • the provisions of the "European Outline Convention on Transfrontier Cooperation between Territorial Communities and Authorities", adopted by the Council of Europe in Madrid on May 21, 1980;
  • the goal of the "Agreement on Regional Cooperation", concluded on March 24, 1993, in Czech Cieszyn and on January 10, 1996, in Kyjov, between the Polish side represented by the Municipal Association of Cieszyn Silesia based in Cieszyn and the Czech side represented by the Regional Council for Development and Cooperation based in Trzyniec and the Municipal Association of Karviná District,

have decided to sign an agreement on regional cooperation under the name "Euroregion Těšín Silesia"

 

§ 1
General Provisions

  1. This Agreement is not contrary to the relevant legal provisions in force in the countries of the respective parties to this agreement.
     
  2. In the event of a legal requirement in the legal system of the country of either party to this agreement for its approval or agreement by the relevant state authorities as a condition of its validity, the parties are obliged to apply for such a decision.
     
  3. The Euroregion is not of a supranational or supra-state nature but is a voluntary community of associations whose agreement serves their mutual cooperation.

§ 2
Name, Headquarters, Emblem

  1. The name of the community, hereinafter referred to as the Euroregion, is:
    in Polish: Euroregion Těšín Silesia - Śląsk Cieszyński
    in Czech: Euroregion Těšínské Slezsko - Śląsk Cieszyński
     
  2. Both parties may use a shortened name of the Euroregion in their own language.
     
  3. The headquarters of the Euroregion's bodies are the city of Cieszyn in the Republic of Poland and the city of Czech Cieszyn in the Czech Republic.
     
  4. The Euroregion will use an emblem, which will be established within three months from the date of signing the agreement, the protection of the name and emblem is a matter for the individual parties to the agreement.

§ 3
Territorial Definitions

  1. Members of the community - the Euroregion are:
    • Association for Development and Regional Cooperation "Olza" based in Cieszyn in the Republic of Poland
    • Regional Association of Czech-Polish Cooperation of Těšín Silesia based in Czech Cieszyn in the Czech Republic
       
  2. The Euroregion operates in the territory of the members of the Association for Development and Regional Cooperation "Olza" based in Cieszyn in the Republic of Poland and in the territory of the members of the Regional Association of Czech-Polish Cooperation of Těšín Silesia based in Czech Cieszyn in the Czech Republic.
     
  3. The parties to the agreement will regularly inform each other about changes in the membership of their associations and about territorial changes in the individual parts of the Euroregion.

§ 4
Legal Provisions

  1. The Euroregion is an agreement on the community of Polish and Czech associations of cities, municipalities, and municipal unions. These associations operate based on the legal provisions of the state in which they are registered.
     
  2. The Euroregion does not have legal personality.
     
  3. Cooperation within the Euroregion is aimed at harmonizing activities in accordance with the goals of the Euroregion listed in § 5 of the agreement
     
  4. The Euroregion and all its bodies operate in accordance with the laws of the Republic of Poland and the Czech Republic.
     
  5. The detailed rules of operation of the Euroregion are defined in its statute, which is adopted by the Euroregion Council.

§ 5
Tasks and Goals

  1. The Euroregion supports development in border areas, especially in such fields as:
    1. Exchange of experiences and information regarding regional development,
    2. Exchange of experiences and information related to the labor market,
    3. Cooperation in spatial planning,
    4. Solving common problems in the field of transport, communication, and connectivity, as well as citizen safety,
    5. Solving common environmental and natural environment problems,
    6. Cooperation in preventing and eliminating the consequences of natural disasters,
    7. Economic and commercial cooperation,
    8. Development of tourism, travel movement, including further improvement of border traffic,
    9. Actions supporting the development of culture, education, and sports, especially the exchange of information concerning these activities,
    10. Cultural exchange and care for the common cultural heritage,
    11. Mutual cooperation of rescue and mountain services in the territory of the Euroregion,
    12. Cooperation between schools and youth in the Euroregion.

       
  2. The Euroregion supports, within its capabilities, the interests of cities and municipalities, associations, organizations, and individuals that correspond to the developmental goals of the region.
     
  3. The Euroregion supports at the regional level all those activities that lead to the accession of the Republic of Poland and the Czech Republic to the European Union.
     
  4. The Euroregion supports the conclusion of international agreements leading to cross-border cooperation.

§ 6
Bodies

  1. The bodies of the Euroregion are:
    1. Euroregion Council,
    2. Euroregion Secretariat.

§ 7
Euroregion Council

  1. The Euroregion Council is the highest authority of the Euroregion.
     
  2. The Euroregion Council consists of eight members, four delegated from each side.
     
  3. The Euroregion Council elects from its members a Chairperson and a Deputy Chairperson, respecting the principle of separation of functions between both sides and the alternation of their terms. Unless otherwise decided, the first Chairperson will be chosen randomly from two candidates (one from each side).
     
  4. The term of the Euroregion Council corresponds to the terms of the delegating bodies of each side.
     
  5. Regular meetings of the Euroregion Council are convened at least twice a year, one of which is combined with the general assembly of municipal representatives and associations, to familiarize with the Euroregion's action plan.
     
  6. An extraordinary meeting of the Euroregion Council can be convened at any time upon the request of two members of the Council.
     
  7. The meeting of the Council is convened by the Euroregion Secretariat.
     
  8. The Council's tasks include:
    1. adoption of the Euroregion's statute,
    2. approving joint intentions,
    3. deciding on the conditions for the use of joint financial resources,
    4. approving reports on the use of financial resources,
    5. appointing members of the secretariat,
    6. creating working groups,
    7. delegating representatives to represent the Euroregion externally.
       
  9. The Council may invite, with an advisory vote, representatives of state authorities and administration to its meetings.

§ 8

Euroregion Secretariat

 

  1. The Secretariat is the executive body of the Euroregion.
     
  2. The Secretariat consists of two Secretaries who run the Secretariat Office. Each secretary has a deputy.
     
  3. In matters of current operations, secretaries perform their functions independently. In other matters, they act in agreement.
     
  4. The Secretariat Office performs the administrative functions of the Euroregion.
     
  5. The operation of the Office is an internal matter for each side, which provides conditions for the functioning of this office for the realization of its activities.
     
  6. The tasks of the Euroregion Secretariat include:
    1. Representing the Euroregion externally.
    2. Convening meetings of the Euroregion Council.
    3. Preparing and presenting draft resolutions of the Euroregion Council and preparing informational materials for the Assembly of municipal association representatives.
    4. Implementing resolutions of the Euroregion Council.
    5. Running the Secretariat Office.

§ 9
Permanent or Temporary Working Groups

  1. Working groups and their composition are appointed by the Euroregion Council.
     
  2. Working groups develop proposals for joint projects and carry out tasks assigned by the Euroregion Council
     
  3. Working groups operate in agreement with the Euroregion Secretariat
     
  4. Working groups are not bodies of the Euroregion.

§ 10
Adoption of Resolutions

  1. Resolutions are adopted solely by the Euroregion Council
     
  2. The Council can adopt a resolution if at least two members from each association are present at the meeting.
     
  3. Resolutions are adopted with the consent of all present members of the Council.
     
  4. All letters and documents will be drafted in Polish and Czech.

§ 11
Financing

  1. Financial resources for the Euroregion's activities are collected in separate bank accounts of the parties and may be formed:
    1. through contributions from each side of the Euroregion from their own funds,
    2. through grants,
    3. through donations,
    4. through other sources of financing.
       
  2. The method of financing tasks is decided by the Euroregion Council. The basis for the resolution is a financial plan prepared based on the funds declared by the parties.
     
  3. The financial management of the Euroregion is transparent to the parties.
     
  4. The operation of the Secretariat Office is financed by the party that established the Office in accordance with § 8 item 5.

§ 12
Dissolution of the Euroregion

  1. The Euroregion is dissolved if one of the parties formally announces its voluntary termination of membership.
     
  2. In case of dissolution of the Euroregion, the provisions of § 13 items 3-5 apply.

§ 13
Duration of the Agreement

  1. This agreement is concluded for an indefinite period.
     
  2. The content of the agreement may be changed with the consent of both parties, subject to paragraph 1 subsection 2. Changes require written form.
     
  3. The agreement becomes invalid if one of the parties announces its withdrawal from the Euroregion.
     
  4. A party should announce its withdrawal from the Euroregion to the Council at least six months before the planned date of withdrawal.
     
  5. The method of liquidating the Euroregion and satisfying all its obligations is decided by the Euroregion Council.

§ 14
Final Provisions

  1. This agreement was drawn up in four copies in Polish and four in Czech, both versions having the same legal force.
     
  2. Each party to the agreement receives three copies in their language and one copy in the language of the other party.
     
  3. All copies of the agreement will be signed by the statutory representatives of both parties.
     
  4. The agreement enters into force on the date of signing.


SIGNATURES OF THE PARTIES TO THE AGREEMENT:
 

Association for the Development and Cooperation
Regional "Olza" 

  1. Jan Olbrycht
  2. Marek Dorsz

Regional Association
Czech-Polish Cooperation of Cieszyn Silesia

  1. Lubomir Kuźnik
  2. Igor Petrov