European Grouping for
Territorial Cooperation
Espon Seminar in Portoroz
02-06-2008
Jean-Claude Sinner
Luxembourg
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, transnational 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 Transfrontier 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 cooperation’s 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 ( SlovakiaHungary ) – 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 d’Opale 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. It’s 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 ( SlovakiaHungary ) – general cooperation
Others are in the pipeline:for general
cooperation, for specific cooperation (
hospital in Puigcerda, brownfield
revitalisation
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I thank you for your attention.
[email protected]
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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
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the approval of the Member States.
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 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.
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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
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