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)
Date: 2004-11-18
Institutions: European Committee of the Regions
Subjects: EU body for police and judicial cooperation, cross-border cooperation, local authority, regional authority, regional cooperation

C 71/46

EN

Official Journal of the European Union

22.3.2005

Opinion of the Committee of the Regions on the Proposal for a Regulation of the European Parlia-
ment 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 estab-
lishing 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 institu-
tions 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, par-
ticular 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 Cohe-
sion Policy to draw up an opinion on this subject;

Having regard to the following European Parliament reports: the 1976 Gerlach report on the Communi-
ty'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 Addi-
tional 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);

(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

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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 frame-
work 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 cohe-
sion – 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-Euro-
pean 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 Commis-
sion 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 Cohe-
sion Policy on 24 September 2004 (rapporteur: Mr Niessl, Governor of Burgenland, (AT/PES);

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

The Committee of the Regions' views

THE COMMITTEE OF THE REGIONS

own and that Community action is warranted under the second
paragraph of Article 5 of the Treaty establishing the European
Community (subsidiarity
transnational
elements involved and the clear advantages of a Community
approach over action taken at the level of the 25 Member
States;

principle) given the

1.
supports the European Commission's intention to make
sustained improvements to the legal and institutional environ-
ment for cross-border, transnational and interregional coopera-
tion (trans-European cooperation) at national, regional and
local level, and thinks that, under the proposal for a regulation
now on the table, the difficulties that remain in this field can
be tackled more effectively than has been the case so far;

2. would nonetheless propose that the new legal instru-
ment should be called the European grouping of trans-Euro-
pean cooperation (EGTC) instead of the European grouping of
cross-border cooperation (EGCC), as this name also reflects its
potential use in transnational and interregional cooperation as
set out in Article 1 of the proposal for a regulation;

4.
agrees with the European Commission that the proposal
for a regulation does not go beyond what is necessary to
achieve the objectives of the Treaty within the meaning of the
third paragraph of Article 5 of the Treaty establishing the Euro-
pean Community (proportionality principle) as it merely provides
an optional
framework for trans-European cooperation and
lays down only minimum requirements for setting up and
operating a European grouping of trans-European cooperation;

agrees with the European Commission that the condi-
3.
trans-European cooperation cannot be improved
tions for
either adequately or effectively by the Member States on their

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

the European Commission is
5. welcomes the fact
basing the proposed regulation on Article 159 of
the EC
Treaty; this brings the Article 251 co-decision procedure into
play, under which the Council acts by a qualified majority;

that

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is pleased that the European Commission has opted for a
6.
regulation as the legal
in this instance, as that
instrument
means that any regional and local authority wishing to set up a
European grouping of trans-European cooperation can do so
without the need for transposition measures and/or individual
Member States' approval;

recommends that

13.
the regulation authorise Member
States, where necessary, to make appropriate provision, in line
with constitutional arrangements, for transferring tasks to and
supervising the EGTC;

7.
at the same time, however, is pleased that the Member
States – and not just the regional and local authorities – can
also be involved in setting up a European grouping of trans-
European cooperation and can thus play a part in boosting
economic and social cohesion in Europe through cross-border,
transnational and interregional cooperation;

14.
applauds the fact that an EGTC may be given the task
not only of implementing Community-financed programmes
but also of carrying out other general trans-European coopera-
tion measures, as this can give a major boost to the further
development of trans-European activities in Europe; but notes
that the provisions of the proposed regulation can only be
effective if it is possible for third parties to give an EGTC the
task of implementing Community-financed programmes;

also welcomes the fact that, under the proposed regu-
8.
lation, the EGTC may be made up not only of Member States
and regional and local authorities, but also of other local public
bodies;

to invest

backs the proposal

the EGTC with legal
15.
personality, but also supports the possibility of assigning the
practical execution of EGTC tasks to one of its members, since
that can prevent the emergence of any new, inflated, bureau-
cratic structures;

9.
is pleased that the European Commission has taken up
the Committee of the Regions' proposal that the remit of an
EGTC should not be restricted to cross-border cooperation
alone, but may also cover transnational and interregional coop-
eration as well;
it would urge, however, that appropriate
changes be made in the text of the regulation – as already
proposed for the title – to bring out this objective more clearly;

16.
considers, however, that it should be possible not only
to assign EGTC tasks en bloc to the grouping's members, but
also to assign only some of them or share them out among the
members, and asks that Article 5(3) be amended accordingly;

10. welcomes the fact that the regulation creates uniform
conditions for the establishment of EGTCs in all EU Member
States; it calls upon the Commission to ensure that existing
bilateral trans-European cooperation agreements remain applic-
able;

17.
asks that an EGTC be obliged to establish an assembly
made up of representatives of its members which, in a spirit of
transparency and democratic accountability, bears responsibility
for the grouping's activities;

11.
backs the wording used by the European Commission
in Article 3(1) of the proposed regulation regarding the tasks
and competence of an EGTC, whereby members themselves
decide what the EGTC's remit is to be;

considers it necessary to stipulate in Article 6 of the
18.
regulation that the EGTC director is answerable, both politically
and legally, to the members acting as representatives in the
EGTC assembly;

12. welcomes the fact
that a choice may be made as
regards the applicable national law; it does, however, call upon
the Commission to seek ways of preventing possible conflicts
with existing national law. If EGTC headquarters are located in
a Member State whose national law is not to apply, the Euro-
pean Commission is asked to take the requisite steps to avoid
any potential conflicts between provisions;

asks that the trans-European cooperation conventions
19.
adopted under this regulation be notified not only to all
members and Member States but also to the Committee of the
Regions. The Committee of the Regions should keep a register
of existing EGTCs so that
the
Member States, regional and local authorities and any European
citizen can quickly call up specific data about any EGTC. This
register could also play a valuable role in disseminating best
practice across Europe.

the European institutions,

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C 71/49

The Committee of the Regions' recommendations

Recommendation 1

Title

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

Text proposed by the Commission

CoR amendment

establishing a European grouping of cross-border coopera-
tion (EGCC)

establishing a European grouping of cross-border trans-
European cooperation (EGCC) (EGTC)

R e a son

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)

Text proposed by the Commission

CoR amendment

Article 159, paragraph 3, of the treaty provides for specific
actions to be decided outside the funds which are the
subject of paragraph 1 of that article, in order to achieve
the objective of social and economic cohesion envisaged
by the treaty. The harmonious development of the entire
community territory and greater economic, social and
territorial cohesion imply the strengthening of cross-
border cooperation. To this end it is appropriate to adopt
the measures necessary for improving the implementation
conditions for actions of cross-border cooperation.

Article 159, paragraph 3, of the treaty provides for specific
actions to be decided outside the funds which are the
subject of paragraph 1 of that article, in order to achieve
the objective of social and economic cohesion envisaged
by the treaty. The harmonious development of the entire
community territory and greater economic, social and
territorial cohesion imply the strengthening of cross-
border, transnational and interregional cooperation (here-
inafter referred to as ‘trans-European cooperation’). To this
end it is appropriate to adopt the measures necessary for
improving the implementation conditions for actions of
cross-border trans-European cooperation.

R e a son

This change follows on from recommendation 1.

Recommendation (new) 3

(recital 7)

Text proposed by the Commission

CoR amendment

(7) In order to overcome the obstacles hindering cross-
border cooperation, it is necessary to institute a coop-
the community level, which
eration instrument at
allows the creation of cooperative groupings in the
community territory,
invested with legal personality,
called ‘European groupings of cross-border coopera-
tion’
(EGCC). Recourse to the EGCC should be
optional.

(7) In order to overcome the obstacles hindering cross-
border cooperation, it is necessary to institute a coop-
the community level, which
eration instrument at
allows the creation of cooperative groupings in the
community territory,
invested with legal personality,
called ‘European groupings of cross-border trans-Euro-
pean cooperation’(EGCC).
(EGTC). Recourse to the
EGCC EGTC should be optional. Existing bilateral
agreements on cross-border, interregional or transna-
tional cooperation between local authorities, and/or
regions and/or states shall remain applicable.

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R e a son

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)

Text proposed by the Commission

CoR amendment

The members may decide to set up the EGCC either as a
separate legal entity or to assign its tasks to one of the
members.

The members may decide to set up the EGCC EGTC either
as a separate legal entity or to assign its tasks to one or
several of the its members.

R e a son

This change follows on from recommendation 1.

Recommendation 5

(recital 11)

Text proposed by the Commission

CoR amendment

[…] at the sole initiative of the Member States and their
regional and local authorities, without financial contribu-
tion by the Community.

[…] at the sole initiative of the Member States and/or their
regional and local authorities, without financial contribu-
tion by the Community.

R e a son

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

Recommendation 6

Article 1(1)

Text proposed by the Commission

CoR amendment

Nature of the EGCC

Nature of the EGCC EGTC

1. A co-operative grouping can be established on com-
munity territory in the form of a European grouping of
cross-border
referred to as
‘EGCC’, under the conditions and according to the
modalities envisaged by this regulation.

cooperation, hereafter

1. A co-operative grouping can be established on com-
munity territory in the form of a European grouping of
cross-border
trans-European cooperation, hereafter
referred to as ‘EGCC’
‘EGTC’, under the conditions and
according to the modalities envisaged by this regu-
lation.

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R e a son

This change follows on from recommendation 1.

Recommendation 7

Article 1(3)

Text proposed by the Commission

CoR amendment

cross-border,

the EGCC EGTC is to facilitate and
The objective of
promote
and interregional
between
cooperation
Member States, a well as regional and local authorities,
with the aim of reinforcing economic, social and territorial
cohesion.

(trans-European

transnational

cooperation)

The objective of the EGCC is to facilitate and promote
cross-border cooperation between Member States, a well
as regional and local authorities, with the aim of reinfor-
cing economic, social and territorial cohesion.

R e a son

This change follows on from recommendation 1.

Recommendation 8

Article 2(3)

Text proposed by the Commission

CoR amendment

The members can decide to set up the EGCC as a separate
legal entity, or to assign its tasks to one of the members.

The members can decide to set up the EGCC EGTC as a
separate legal entity, or to assign its tasks to one or several
of the members.

R e a son

This change follows on from recommendation 1.

Recommendation 9

Article 3(1)

Text proposed by the Commission

CoR amendment

The EGCC carries out the tasks which it is assigned by its
members in accordance with this regulation.

The EGCC carries out the tasks which are transferred to it
by its members or, with its agreement, by third parties, in
accordance with this regulation.

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R e a son

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

Recommendation 10

Article 3(3)

Draft opinion

Amendment

The formation of an EGCC does not affect the financial
responsibility of its members or of the Member States,
neither for community funds nor for national funds.

The formation of an EGCC does not affect the financial
responsibility of its members for community funds or for
national funds, nor that of Member States for community
funds. Member States have the right to adopt legislation or
agreements enabling them to monitor compliance by the
EGCC with legal and technical specifications. Responsi-
bility for monitoring can either rest with the Community
or be transferred to one of the Member States.

R e a son

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)

Text proposed by the Commission

CoR amendment

The convention is notified to all its members and to the
Member States.

The convention is notified to all its members, and to the
Member States, and to the Committee of the Regions. The
Committee shall enter the convention in a public register
of all conventions of trans-European cooperation.

R e a son

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 Commis-
sion 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.

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Recommendation 12

Article 5 and throughout the document as appropriate

Text proposed by the Commission

CoR amendment

Translator's note: The proposal is to change the German
term ‘Geschäftsordnung’ (‘Rules of Procedure’) used in this
point to ‘Statuten’ (‘Statutes’). The English-language version
already uses the word ‘statutes’ so the amendment does
not apply.

Statutes

R e a son

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

RESOLUTION OF THE COMMITTEE OF THE REGIONS OF 18 NOVEMBER 2004 ON THE
OPENING OF NEGOTIATIONS FOR TURKEY'S ACCESSION TO THE EU

(2005/C 71/12)

THE COMMITTEE OF THE REGIONS:

— Having regard to the Communication entitled Recommendation of the European Commission on Turkey's
progress towards accession, presented by the European Commission on 6 October 2004 (COM(2004) 656
final);

— Having regard to the 2004 Regular Report on Turkey's progress towards accession (SEC(2004) 1201);

— Having regard to the Declaration of Ankara adopted by the CoR RELEX Commission and the Union of

Municipalities in Turkey (UTM) on 11 October 2004;

— Having regard to Committee of the Regions' External Relations Strategy as adopted at its extraordinary

Bureau meeting in The Hague on 21 October 2004;

1) welcomes the application of Turkey on equal terms with the applications of other European coun-

tries;

2)

3)

4)

intends to present its views regarding Turkey's accession, from a local and regional perspective, at
appropriate opportunities in the future; and urges the European Commission to consult
the
Committee on future regular reports;

recognises that the reform efforts made by the Turkish authorities during the last years have helped
Turkey to seek to fulfil the Copenhagen criteria, facilitating a decision towards the opening of negotia-
tions for Turkey's accession to the EU;

encourages the Turkish government to press ahead with its challenging reforms in order to achieve
their full implementation as soon as possible in an irreversible and sustainable manner;

5) welcomes the decentralisation efforts undertaken in Turkey, which should be in accordance with the
principles of the Charter of Local Self-Government, as well as the passing of the Local Administration
Reform Law in 2004 which recognises the existence of local administration as the smallest organisa-
tional unit and expects its proper implementation as well as similar efforts concerning the regional
level;