EUROPEAN COMMISSIONEUROPEAN COMMISSION

Objective 3 Objective 3 Territorial Co-operationTerritorial Co-operation

2007-20132007-2013

Workshop 3: Workshop 3: EUROPEAN GROUPING EUROPEAN GROUPING OF OF

CROSS BORDER COOPERATIONCROSS BORDER COOPERATION

DG Regional PolicyDG Regional PolicyBrussels, 21 February 2005Brussels, 21 February 2005

Questions of Member Questions of Member StatesStates What is the value added of a What is the value added of a

Commission regulation compared to Commission regulation compared to the existing instruments?the existing instruments?

To what extent is the EGCC optional?To what extent is the EGCC optional? What is the law applicable to projects What is the law applicable to projects

of cross-border cooperation?of cross-border cooperation? What about the conflicts with national laws?What about the conflicts with national laws?

Questions of Member Questions of Member StatesStates What is the financial responsibility What is the financial responsibility

of the Members of the EGCC and of of the Members of the EGCC and of the Member States?the Member States?

What is the role of the Commission What is the role of the Commission in the creation of the EGCC?in the creation of the EGCC?

Is the participation of partners Is the participation of partners from third countries in an EGCC from third countries in an EGCC possible?possible?

What is it?What is it?

an instrument at the disposal of regional an instrument at the disposal of regional and local authorities of 2 or more Member and local authorities of 2 or more Member States States

a grouping invested with legal personality a grouping invested with legal personality capable of acting on behalf of its members capable of acting on behalf of its members

to facilitate and promote the crossborder-to facilitate and promote the crossborder-transnational and interregional transnational and interregional cooperation of MS regional and local cooperation of MS regional and local authorities in order to reinforce the authorities in order to reinforce the economic, social and territorial cohesioneconomic, social and territorial cohesion

Why a community Why a community instrument?instrument?

Because there has been a request Because there has been a request

- of regional and local - of regional and local authoritiesauthorities

- of the committee of the regions, - of the committee of the regions,

to provide a legal instrument with to provide a legal instrument with a capacity to act recognised in a capacity to act recognised in eacheach Member States upon its Member States upon its creationcreation

What is the legal What is the legal basis?basis?

Article 159 of the Treaty is the legal Article 159 of the Treaty is the legal basis for conducting actions to basis for conducting actions to promote economic ans social promote economic ans social cohesion outside the scope of the cohesion outside the scope of the structural fundsstructural funds

Optional use of the EGCCOptional use of the EGCC

Within the scope of the structural Within the scope of the structural funds funds implementation, implementation, Member Member StatesStates may decide to delegate may decide to delegate to a EGCC the responsibility to to a EGCC the responsibility to manage an operational manage an operational programme for territorial programme for territorial cooperation (art 18 of ERDF cooperation (art 18 of ERDF regulation)regulation)

Outside the scope of the Outside the scope of the implementation of the structural implementation of the structural funds: funds:

regional and local authorities may regional and local authorities may create EGCC, respecting create EGCC, respecting institutional and legal frameworks institutional and legal frameworks of the MS concerned.of the MS concerned.

Optional use of the Optional use of the EGCCEGCC

Provisions to establish the EGCCProvisions to establish the EGCC- CompositionComposition- CompetenciesCompetencies- Agreement: Tasks of a grouping Agreement: Tasks of a grouping - StatutesStatutes- OrgansOrgans- BudgetBudget- PublicityPublicity

What is there in the What is there in the regulation?regulation?

Composition and Composition and identification of the identification of the

competences and taskscompetences and tasksCompositionComposition- Member States and/orMember States and/or- regional and local authorities and/orregional and local authorities and/or- public bodiespublic bodies

The Agreement The Agreement passed by the members includes:passed by the members includes:- tasks delegated to the EGCC, duration and tasks delegated to the EGCC, duration and

dissolutiondissolution- responsibilities of each of the members responsibilities of each of the members

among themselves and with respect to third among themselves and with respect to third partiesparties

law applicable to its interpretation and law applicable to its interpretation and enforcement (from one of the member enforcement (from one of the member state)state)

responsibilities hold by its members vis-à-responsibilities hold by its members vis-à-vis the EGCC and third partners vis the EGCC and third partners

modalities of mutual recognition in the modalities of mutual recognition in the field of controlfield of control

conditions for granting concessions or conditions for granting concessions or public service delegations to the EGCC (on public service delegations to the EGCC (on the basis of the national law applicable )the basis of the national law applicable )

NB: Powers of public authority (police or NB: Powers of public authority (police or regulatory power) cannot be delegated to regulatory power) cannot be delegated to the EGCC.the EGCC.

Agreement (through convention)

Tasks of the EGCCTasks of the EGCC

implement cross-border, implement cross-border, transnational or interregional transnational or interregional cooperation programmes co-financed cooperation programmes co-financed by the Communityby the Community

or any other action of cross-border or any other action of cross-border cooperation transnational or cooperation transnational or interregional cooperation without interregional cooperation without community financial interventioncommunity financial intervention

Tasks of the EGCCTasks of the EGCC

its tasks are those delegated by the its tasks are those delegated by the members to the EGCC according to members to the EGCC according to their own competencies thanks to their own competencies thanks to the institutionnal sytem of MS the institutionnal sytem of MS

It acts on behalf of its members It acts on behalf of its members and has the legal capacity and has the legal capacity accorded to the legal entities by accorded to the legal entities by national legislationnational legislation

StatutesStatutes

Adopted by the members on the Adopted by the members on the basis of the agreementbasis of the agreement

Include : Include : objective and tasks of the EGCC objective and tasks of the EGCC relations of the EGCC with the relations of the EGCC with the

membersmembersseatseatorgansorgans

StatutesStatutes

decision making procedures of the EGCCdecision making procedures of the EGCCmodalities of its functioning (personnel modalities of its functioning (personnel

management)management)modalities of the members' financial modalities of the members' financial

contributionscontributionsapplicable accounting and budgetary applicable accounting and budgetary

rules rules modalities for financial control and modalities for financial control and

external auditexternal audit

Upon adoption of the statutes, the Upon adoption of the statutes, the EGCC has the capacity to actEGCC has the capacity to act

OrgansOrgans

A directorA director An assembly if so decided by the An assembly if so decided by the

EGCCEGCC Others as envisaged by the Others as envisaged by the

statutesstatutes

BudgetBudget

The EGCC establishesThe EGCC establishes : :- An annual provisional budget An annual provisional budget

adopted by the membersadopted by the members- An annual activity reportAn annual activity report

Financial liability remains with Financial liability remains with delegating bodies on a pro-rata delegating bodies on a pro-rata basis according to their contribution basis according to their contribution to the budget, until debts are to the budget, until debts are eliminated (unlimited eliminated (unlimited responsibilities)responsibilities)

PublicityPublicity

Publication in the OJEU of the Publication in the OJEU of the agreement establishing the EGCCagreement establishing the EGCCname of the EGCCname of the EGCCits objective, its objective, the list of its membersthe list of its membersthe address of its seatthe address of its seat. .

Consequence of the publication: Consequence of the publication: recognition of the legal capacity of recognition of the legal capacity of the EGCC in each Member Statethe EGCC in each Member State..