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Opinion of the Committee of the Regions on the Proposal for a Regulation of the European Parliament and of the Council establishing a European grouping of cross-border cooperation (EGCC)

(2005/C 71/11)

THE COMMITTEE OF THE REGIONS,

Having regard to the Proposal for a Regulation of the European Parliament and of the Council establishing a European grouping of cross-border cooperation (EGCC) adopted by the European Commission on the 14 July 2004, COM(2004) 496 final – 2004/0168 (COD);

Having regard to the European Commission's request of 15 July 2004 for an opinion on this subject under the third paragraph of Article 159 of the Treaty establishing the European Community;

Having regard to the Council's decision of 8 November 2004 to consult it on this subject;

Having regard to the letters from Commissioner Barnier and Commissioner De Palacio of 8 March 2004, asking for an opinion on the new European legal instrument for cross-border cooperation;

Having regard to the first paragraph of Article 265 of the EC Treaty, which states: ‘The Committee of the Regions shall be consulted by the Council or by the Commission where this Treaty so provides and in all other cases, in particular those which concern cross-border cooperation, in which one of these two institutions considers it appropriate’;

Having regard to Article 220 of the Treaty establishing a Constitution for Europe which states: ‘In order to promote its overall harmonious development, the Union shall develop and pursue its action leading to the strengthening of its economic, social and territorial cohesion’. [...] ‘Among the regions concerned, particular attention shall be paid to rural areas, areas affected by industrial transition, and areas which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density, and island, cross-border and mountain areas’;

Having regard to its president's decision of 5 April 2004 to instruct the Commission for Territorial Cohesion Policy to draw up an opinion on this subject;

Having regard to the following European Parliament reports: the 1976 Gerlach report on the Community's regional policy as regards the regions at the Community's internal frontiers (1); the 1984 Boot report on the strengthening of transfrontier cooperation (2); the 1986 Schreiber report on the Saarland-Lorraine-Luxembourg region (3); the Poetschki report on transfrontier cooperation at the internal borders (4); the 1988 Chiabrando report on the development programme for the frontier regions between Portugal and Spain (5); the 1990 Cushnahan report on the Community initiative INTERREG (6); and the 1994 Muru report on the Community initiative INTERREG II (7);

Having regard to the 1980 Madrid Outline Convention of the Council of Europe and its successive Additional Protocols (1995, 1998);

Having regard to the opinion of the Congress of Local and Regional Authorities of the Council of Europe submitted to the Committee of the Regions' Commission for Territorial Cohesion Policy (COTER) on A new legal instrument for cross-border cooperation adopted by its Bureau at the meeting of 5 May 2004, rapporteur: Herwig Van Staa (Austria, L, EPP/CD);

Having regard to the White Paper on European Governance presented by the European Commission in 2001 (COM(2001) 428 final), point 3.1 of which states that the Commission ‘will examine how the framework for transnational cooperation of regional or local actors could be better supported at EU level, with a view to presenting proposals by the end of 2003’;

Having regard to its March 2002 opinion on Strategies for promoting cross-border and interregional cooperation in an enlarged EU - a basic document setting out guidelines for the future (CdR 181/2000 fin) (8);

Having regard to its October 2001 study on Trans-European cooperation between territorial authorities: new challenges and future steps necessary to improve cooperation, drawn up in close cooperation with the Association of European Border Regions (AEBR) in preparation for the above-mentioned opinion;

Having regard to the Third Report on Economic and Social Cohesion entitled A new partnership for cohesion – convergence, competitiveness, cooperation, adopted by the European Commission on 18 February 2004, the conclusions of which state: ‘The Commission intends to propose a new legal instrument in the form of a European cooperation structure (“Cross-border regional authority”), in order to allow Member States, regions and local authorities to address – both inside and outside Community programmes – the traditional legal and administrative problems encountered in the management of cross-border programmes and projects. The aim would be to transfer to this new legal structure the capacity to carry out cooperation activities on behalf of public authorities’;

Having regard to its opinion of 16 June 2004 on the Third Cohesion Report (CdR 120/2004 fin);

Having regard to the report Towards a new Community legal instrument facilitating public-law-based trans-European cooperation among territorial authorities in the European Union, drawn up by the Association of European Border Regions (AEBR) for the European Commission, based on the previous work done with the Committee of the Regions in the framework of the above mentioned study;

Having regard to the pre-legislative role which it plays in close consultation with the European Commission and the points of view raised by local and regional authorities during the preliminary phase;

Having regard to its draft opinion (CdR 62/2004 rev. 3) adopted by the Commission for Territorial Cohesion Policy on 24 September 2004 (rapporteur: Mr Niessl, Governor of Burgenland, (AT/PES);

Adopted the following opinion at its 57thpleanary session of 17 and 18 November 2004 (meeting of 18 November):

The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

The Committee of the Regions' recommendations

Recommendation 1

Title

(also change the definition and the acronym to EGTC throughout the document as appropriate)

Reason

There are three kinds of cooperation between Member States, regions and local authorities: cross-border, interregional and transnational. These are subsumed under the broad term ‘trans-European cooperation’. It should be possible to establish a European grouping for all three kinds of trans-European cooperation.

Recommendation 2

(recital 1)

(also change ‘cross-border cooperation’ and ‘transnational and interregional cooperation’ to ‘trans-European cooperation’ throughout the document as appropriate)

Reason

This change follows on from recommendation 1.

Recommendation (new) 3

(recital 7)

Reason

The legal scope, as regards cross-border cooperation, of existing bilateral agreements, such as the Karlsruhe Agreement, must not be restricted by the regulation.

Recommendation 4

(recital 10)

Reason

This change follows on from recommendation 1.

Recommendation 5

(recital 11)

Reason

The very nature of trans-European cooperation is that it should also be open to regions and local authorities without Member State involvement.

Recommendation 6

Article 1(1)

Reason

This change follows on from recommendation 1.

Recommendation 7

Article 1(3)

Reason

This change follows on from recommendation 1.

Recommendation 8

Article 2(3)

Reason

This change follows on from recommendation 1.

Recommendation 9

Article 3(1)

Reason

This insertion is necessary if EGTCs are to implement Community-financed programmes in future.

Recommendation 10

Article 3(3)

Reason

Obviously, Member States answer to their respective national parliaments for national funds, and there is no need for the proposed regulation to mention this. However, if Member States (or the relevant federal states in Member States with a federal structure) are to be responsible for Community funds, there must be scope for comprehensive monitoring of EGCCs by Member States. Failing this, Member States might bear responsibility for situations over which they had no control.

Recommendation 11

Article 4(8)

Reason

The CoR is committed to transparency in line with the EC Treaty and sees itself a ‘one-stop shop’ that must be readily accessible as a centre of expertise both for the European public and the European Commission departments. As such, it must also see to it that data relating to the regional and local levels – and thus to grassroots concerns – can be accessed at any time.

Recommendation 12

Article 5 and throughout the document as appropriate

Reason

The basic principles underpinning the grouping should be laid down in statutes. Rules of procedure, on the other hand, regulate internal workings. There is nothing therefore to stop the EGTC having rules of procedure as well as statutes.

Brussels, 18 November 2004.

The President

of the Committee of the Regions

Peter STRAUB

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(1)OJ C 293, 13.12.1976

(2)OJ C 127, 14.5.1984

(3)OJ C 176, 14.7.1986

(4)OJ C 99, 13.4.1987

(5)OJ C 262, 10.10.1988

(6)OJ C 175, 16.7.1990

(7)OJ C 128, 9.5.1994

(8)OJ C 192, 12.8.2002, p. 37

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