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European Grouping for Territorial Cooperation Espon Seminar in Portoroz 02-06-2008

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Title: Master in European Sustainable Spatial Development and Analysis The Programmes for European Territorial Cooperation Author: Jean-Claude Last modified by – PowerPoint PPT presentation

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Title: European Grouping for Territorial Cooperation Espon Seminar in Portoroz 02-06-2008


1
European Grouping for Territorial
Cooperation Espon Seminar in Portoroz 02-06-2008
  • Jean-Claude Sinner
  • Luxembourg

2
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

3
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.

4
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.

5
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

6
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.

7
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.

8
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,

9
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.

10
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.

11
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

12
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,

13
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.

14
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

15
  • I thank you for your attention.

jean-claude.sinner_at_mat.etat.lu
16
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.

17
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.

18
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.

19
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.

20
  • 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.

21
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.

22
  • 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.

23
  • Article 9 Statutes
  • operating provisions as well as the number of
    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.

24
  • 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.

25
  • 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.

26
  • 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.

27
Articles 16, 17 and 18 are technical ones
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