EN Official Journal of the European Union C 192/38

Resolution of the Committee of the Regions on cooperation beyond national borders makes Europe a reality – an appeal to adopt the regulation on the European grouping on territorial cooperation

(2006/C 192/08)

The Committee of the Regions

Having regard to Article 159 (3) of the EC Treaty that foresees the adoption of specific actions of the European Community to promote economic and social cohesion;

Having regard to the first paragraph of Article 265 of the EC Treaty, which states that: ‘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 the 1980 Madrid Outline Convention of the Council of Europe and its successive Additional Protocols (1995, 1998);

Having regard to its 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) adopted in March 2002;

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 14 July 2004, COM(2004) 496 final — 2004/0168 (COD);

Having regard to its opinion on the Proposal for a Regulation of the European Parliament and of the Council establishing a European grouping of cross-border cooperation (EGCC) (CdR 62/2004) of 17 November 2004 (rapporteur: Mr Niessl, Governor of Burgenland, (AT/PES);

Having regard to the report (A6-0206/2005) of the European Parliament on the Proposal for a Regulation of the European Parliament and of the Council establishing a European grouping of cross-border cooperation (EGCC) of 21 June 2005;

Having regard to the letter of President Di Stasi to President Straub from 1 December 2005 in which he underlined the full support of the of the Council of Europe's Congress of Local and Regional Authorities for the European Commission's Proposal for a Regulation regarding the EGTC;

Having regard to the recent negotiations in the responsible Council working group and the objective of the acting EU Presidency to conclude negotiations on the draft proposal for the Regulation in spring 2006;

considers that the European grouping of cross-border cooperation (EGCC) will provide the regions and municipalities with a positive and essential legal instrument for facilitating and improving cross-border, interregional and transnational cooperation in a fundamental way;

highlights the fact, because many regional and local authorities lack the requisite powers, cooperation with their respective partners, in the context of the cross-border, interregional and transnational implementation of EU structural programmes, is currently being carried out solely on the basis of gentlemen's agreements and therefore without any clear legal obligation; this situation frequently gives rise to legal uncertainty;

points out that, following the enlargement of the EU in 2004, there was a tremendous increase in the need for cooperation between local and regional authorities both between the existing Member States and the new Member States and between the ‘new’ Member States themselves; the EU will have to address this development more effectively than it has done hitherto;

thanks the Commission for presenting its proposal for a Regulation establishing a European grouping of cross-border cooperation (EGCC), which has the Committee's complete support;

calls upon the Member States to ensure that there is no dispute within the Council as to the need to introduce the EGCC legal instrument and to demonstrate their political will to bring about a fundamental improvement in the legal framework providing for stronger cross-border, transnational and interregional cooperation;

requests the Austrian presidency of the EU to do its utmost to step up the negotiations on the Structural Funds package and to bring them to a successful conclusion under its presidency, whilst ensuring that basic approach adopted in connection with the proposal for a Regulation is safeguarded;

encourages the European Parliament in its affirmed intention to establish a basis in Community law for cross-border, transnational and inter-regional cooperation as such cooperation gives the public an example of the genuine added value provided by the EU;

asks the members of the Committee to campaign at national level to convince the competent bodies and MEPs of the need for further, positive negotiations on the establishment of the EGCC;

proposes, in the light of the outcome (as of January 2006) of the discussions held hitherto by the Council working group and in the interests of ensuring that the provisions of the Regulation are both exploited to the greatest possible degree and widely applied, that the following clarifications be made in the text of the Regulation:

— it should be made absolutely clear, in a formal statement issued by the Commission that, once the EGCC has been established in accordance with the Regulation, regional and local authorities from non-EU states which have incorporated the Regulation into their national law, shall be entitled to participate in the work of such an EGCC;

— it should be made absolutely clear that, in the context of an EGCC, partners will be able to cooperate at international level in all areas in which they were also able to cooperate within the borders of the respective Member States; it should thereby be made clear that the EGCC instrument supports the principle of non-discrimination;

— it should be made absolutely clear that the Member States must not curtail the existing substantive fields of competence of the EGCC partners for the purposes of implementing the EGCC Regulation;

— it should be made absolutely clear that the EGCC may be established by the partners concerned without having to obtain prior authorisation from higher authorities and that legal supervision over an existing EGCC shall be exercised by the Member States or the competent national authorities;

instructs the president of the Committee of the Regions to forward this resolution to the European Commission, the European Parliament, the presidency-in-office of the Council of the EU and the governments of the Member States and to forward it before the responsible Council working group has concluded its work.