European Grouping for Territorial Cooperation Espon Seminar in Portoroz 02062008

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European Grouping for Territorial
CooperationEspon Seminar in Portoroz 02-06-2008

• Jean-Claude Sinner
• Luxembourg

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Major political evolutions

• Territorial cohesion in the Lisbon Treaty
• Territorial agenda going forward
• New Structural Funds Objective European
  Territorial Cooperation
• A lot of MS joining the Schengen-Space
• One after the other adopts the common currency
• and a new legal instrument EGTC

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EGTC why?

• Important difficulties in carrying out and
  managing actions of cross-border, trans-national
  and interregional cooperation in the framework of
  differing national laws and procedures.
• The European Economic Interest Grouping - EEIG
  (GEIE, EWIV) ill-adapted, because orientated to
  commercial activities.

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The Madrid Convention

• European Outline Convention on Trans-frontier
  Cooperation between Territorial Communities or
  Authorities, from 1980
• By this Convention, the signing States commit
  themselves to enhance the cross border
  cooperation of local and regional bodies
• Needs to be implemented by Treaties.

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Field of application

• on Structural Funds for cooperation on program
  level
• and on project level
• as on projects co financed by other Community
  money
• or even at cooperations without any intervention
  from the Community side.
• No matters of core sovereignty

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The main features - 1

• It is a Regulation, not a Directive, and so
  immediately applicable in all MS.
• It is not compulsory to be used by operators, but
  MS must allow its application.
• It should be invested with legal personality.
• The applicable law is that of the MS where the
  Grouping has its seat.
• It can have also MS in the partnership.

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The main features - 2

• It should dispose of the capacity to act on
  behalf of its members.
• 2 Founding documents called Convention and
  Statutes.
• The financial responsibility of the MS for
  Structural Funds is not affected by the creation
  of the Grouping.
• The matters belonging to the core sovereignty of
  a State cannot be delegated to the Grouping.

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The main advantages - 1 -

• legal personality, under public law or under
  private law,
• legal guaranties for the joint activities
• can be legal employer,
• can have property,
• can receive public funds and spent them out
  again,
• coordinates members activities through the tasks
  of the director,

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The main advantages - 2 -

• provides a more solid basis for cooperation,
  independent from changing political colours,
• provides a more structured decision-taking,
• ensures equal and democratic representation of
  the members
• gives therefore a better legitimacy,
• has a better political visibility,
• as a stronger partner, is a better interface to
  regional, national and European authorities.

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How to establish an EGTC

• Consists of 3 phases
• a political phase to obtain a consensus about
  main elements as tasks and budget,
• a technical phase drafting the Convention and the
  Statutes
• an administrative phase
• adopting the draft Convention and Statutes by the
  potential members,
• obtaining a decision on participation by the
  national authorities,
• Publication of the founding documents.

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State of the play - 1 -

• MS are busy to adapt their national
• legislation to the EGTC, if necessary.
• Two EGTC founded
• Eurometropole Lille-Kortrijk-Tournai
  (France-Belgium) general cooperation
• Euroregio ISTER-Granum ( Slovakia-Hungary )
  general cooperation

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State of the play - 2 -

• Others are in the pipeline
• for program management Interreg IV A Greater
  Region,
• for general cooperation Viadrina Euroregion,
  MATRIOSCA, Cote dOpale BE-FR,
• for specific cooperation
• the Cerdagne Hospital in Puigcerda,
• brown field revitalisation LU-FR,

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Participation of Third Countries

• Basically, the Regulation does not apply to
• Third Countries. Its possible when
• At least 2 EU MS must participate,
• The registered office must be in a MS,
• The possibility of participating in an EGTC must
  be allowed by the legislation of the Third
  Country or by agreements between the MS and the
  Third Country concerned.

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State of the play

• MS are busy to adapt their national
• legislation to the EGTC, if necessary.
• Two EGTC founded
• Eurometropole Lille-Kortrijk-Tournai
  (France-Belgium) - general cooperation
• Euroregio ISTER-Granum ( Slovakia-Hungary )
  general cooperation
• Others are in the pipelinefor general
  cooperation, for specific cooperation ( hospital
  in Puigcerda, brownfield revitalisation

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• I thank you for your attention.

jean-claude.sinner_at_mat.etat.lu
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The provisions of Regulation 1082/2006

• Article 1 - Nature of an EGTC
• It recalls the aim to facilitate and promote
• cross-border, transnational and interregional
• cooperation, with the exclusive aim of
• strengthening economic and social cohesion.
• An EGTC shall have legal personality. That
• implies that it may acquire or dispose of
• property and employ staff.

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Article 2 - Applicable law

• The EGTC is based
• on this Regulation,
• on the provisions of its the convention and
• the statutes
• and least, but not last, on the laws of the
  Member State where the EGTC has its registered
  office.
• In federal States like Germany or Belgium
• on regional law.

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Article 3 - Composition of an EGTC

• An EGTC shall be made up of members, within
• the limits of their competences, belonging to
• one or more of the following categories
• (a) Member States
• (b) regional authorities
• (c) local authorities
• (d) bodies governed by public law.
• and their groupings.
• An EGTC shall be made up of members located
• on the territory of at least two Member States.

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Article 4 - Establishment of an EGTC

• The decision to establish an EGTC shall be taken
  by its prospective members.
• Each prospective member shall notify the Member
  State under whose law it has been formed of its
  intention to participate in an EGTC
• Following notification the Member State concerned
  shall approve the prospective member's
  participation in the EGTC,
• The members shall agree on the convention and the
  statutes ensuring consistency with the approval
  of the Member States.

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• Article 5 - Acquisition of legal personality
• and publication in the Official Journal
• The EGTC shall acquire legal personality on the
• day of registration or publication.
• Article 6 - Control of management of
• public funds
• To be organised by the competent authorities
• of the Member State where the EGTC has its
• registered office.

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Article 7 - Tasks

• Facilitation and promotion of territorial
  cooperation to strengthen economic and social
  cohesion.
• The tasks shall not concern the exercise of
  powers conferred by public law or of duties whose
  object is to safeguard the general interests,
  such as police and regulatory powers, justice and
  foreign policy.

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• Article 8 - Convention
• the name of the EGTC and its registered office
• the territory in which the EGTC may execute its
  tasks
• the specific objective and tasks of the EGTC, its
  duration and the conditions governing its
  dissolution
• the list of the EGTC's members
• the law applicable, which shall be the law of the
  Member State where the EGTC has its registered
• the appropriate arrangements for mutual
  recognition
• the procedures for amending the convention.

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• Article 9 Statutes
• operating provisions as well as the numberof
  representatives of the members
• decision-making procedures of the EGTC
• working language or languages
• arrangements for its functioning,
• arrangements for the members' financial
  contributions
• arrangements for members' liability
• authorities responsible for the designation of
  independent external auditors and
• procedures for amending the statutes.

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• Article 10 - Organisation of an EGTC
• an assembly, which is made up of representatives
  of its members
• a director, who represents the EGTC and acts on
  its behalf.
• Article 11 - Budget
• An EGTC shall establish an annual budget.

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• Article 12 - Liquidation, insolvency,
• cessation of payments and liability
• An EGTC shall be liable for its debts, each
• member's share being fixed in proportion to
• its contribution.
• Article 13 - Public interest
• The MS may prohibit any activity in opposition
• of its provisions on public policy, public
  security,
• public health or public morality, or in
• contravention of the public interest.

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• Article 14 - Dissolution
• The MS may ask even the dissolution.
• Article 15 - Jurisdiction
• Nothing in this Regulation shall deprive citizens
• From exercising their national constitutional
• rights of appeal against public bodies which are
• members of an EGTC
• (a) administrative decisions in respect of
  activities which are being carried out by the
  EGTC
• (b) access to services in their own language
• (c) access to information.

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Articles 16, 17 and 18 are technical ones