European Parliament legislative resolution on the proposal for a regulation of the European Parliament and of the Council establishing a European grouping of cross-border cooperation (EGCC) (COM(2004)0496 - C6-0091/2004 - 2004/0168(COD))
Date: 2005-07-06
Institutions: Committee on Regional Development, European Parliament
Subjects: EU body for police and judicial cooperation, cross-border cooperation, economic and social cohesion, local authority, regional authority

C 157 E/308

Official Journal of the European Union

EN

6.7.2006

Wednesday 6 July 2005

Article 27

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official
Journal of the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President

P6_TA(2005)0280

European grouping of cross-border cooperation ***I

European Parliament legislative resolution on the proposal for a regulation of the European Parlia-
ment and of the Council establishing a European grouping of cross-border cooperation (EGCC)
(COM(2004)0496 — C6-0091/2004 — 2004/0168(COD))

(Codecision procedure: first reading)

The European Parliament,

— having regard to the Commission proposal to the European Parliament and the Council (COM(2004)

0496) (1),

— having regard to Article 251(2) and Article 159(3) of the EC Treaty, pursuant to which the Commission

submitted the proposal to Parliament (C6-0091/2004),

— having regard to Rule 51 of its Rules of Procedure,

— having regard to the report of the Committee on Regional Development (A6-0206/2005),

1.

Approves the Commission proposal as amended;

Calls on the Commission to refer the matter to Parliament again if it intends to amend the proposal

2.
substantially or replace it with another text;

3.

Instructs its President to forward its position to the Council and Commission.

(1) Not yet published in OJ.

P6_TC1-COD(2004)0168

Position of the European Parliament adopted at first reading on 6 July 2005 with a view to the
adoption of a Regulation (EC) No …/2005 of the European Parliament and of the Council establish-
ing a European grouping of territorial cooperation (EGTC)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 159(3) thereof,

Having regard to the proposal from the Commission,

6.7.2006

EN

Official Journal of the European Union

C 157 E/309

Wednesday 6 July 2005

Having regard to the opinion of the European Economic and Social Committee (1),

Having regard to the opinion of the Committee of the Regions (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

(1) Article 159(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 cohe-
sion envisaged by the Treaty. The harmonious development of the entire Community territory and
greater economic, social and territorial cohesion imply the strengthening of territorial co-operation.
To this end it is appropriate to adopt the measures necessary for improving the implementation con-
ditions for actions of territorial co-operation.

(2)

(3)

(4)

(5)

(6)

(7)

Taking into account the important difficulties encountered by the Member States,
in particular by
regions and local authorities, in implementing and managing actions of cross-border, trans-national or
inter-regional co-operation within the framework of differing national laws and procedures, measures
to reduce these difficulties are necessary.

Taking into account notably the increase in the number of land and maritime borders in the Commun-
ity following its enlargement,
it is necessary to facilitate the reinforcement of cross-border, trans-
national and inter-regional co-operation within the Community.

The existing instruments, such as the European economic interest grouping, have proven ill-adapted to
organising a structured co-operation among Structural Fund programmes within the Interreg initiative
during the 2000-2006 programming period.

Council Regulation (EC) No …/2005 [laying down general provisions for the European Regional Devel-
opment Fund, the European Social Fund and the Cohesion Fund], increases the means in support of
European territorial co-operation in three fields: cross-border, inter-regional and trans-national co-
operation.

It is likewise necessary to facilitate and follow up the implementation of territorial co-operation
actions, without financial participation by the Community.

In order to overcome the obstacles hindering territorial co-operation, it is necessary to institute a co-
operation instrument at Community level which allows the creation of co-operative groupings in Com-
munity territory, with legal personality, called ‘European groupings of territorial co-operation’ (EGTC).
Recourse to the EGTC is optional.

(8) Agreements on border, inter-regional or supranational cooperation between Member States and/or

regional and local authorities may continue to be implemented.

(9)

It is appropriate for the EGTC to be given the capacity to act on behalf of its members, and notably
the regional and local authorities of which it is composed.

(10) The tasks and competencies of the EGTC must be defined by its members in a ‘Convention of European

grouping of territorial co-operation’.

(11) The members set up the EGTC as a separate legal entity and it may assign its tasks to one of the

members.

(12) The EGTC must be able to act, either for implementing programmes of territorial co-operation co-
financed by the Community, notably within the Structural Funds in conformity with Regulation (EC)
No …/2005 [laying down general provisions for the European Regional Development Fund, the Euro-
pean Social Fund and the Cohesion Fund] and Regulation (EC) No …/2005 of the European Parliament
and of the Council [on the European Regional Development Fund], as well as trans-national and inter-
regional co-operation programmes, or for carrying out territorial co-operation programmes which are
at the sole initiative of the Member States and/or their regional and local authorities, without financial
contribution by the Community.

(1) OJ C …
(2) Position of the European Parliament of 6 July 2005.

C 157 E/310

Official Journal of the European Union

EN

6.7.2006

Wednesday 6 July 2005

(13) The Commission should ensure synergy between this Regulation and the Council of Europe draft
additional protocol No 3 to the European Outline Convention on Transfrontier Co-operation
between Territorial Communities or Authorities concerning the establishment of Euroregional Co-
operation Groupings (ECG).

(14)

It should be specified that the financial responsibility of regional and local authorities, as well as that
of the Member States, is not affected by the formation of an EGTC, with regard to the management of
Community funds or of national funds.

(15)

It should be specified that the powers exercised by regional and local authorities as public authorities,
notably police and regulatory powers, cannot be the subject of a convention.

(16)

It is necessary for the EGTC to establish its statutes, equip itself with its own organs, and establish
decision-making procedures, as well as rules for the budget and for the exercise of its financial respon-
sibility.

(17) Since the objectives of this Regulation, namely the creation of

legal conditions throughout Europe for
territorial co-operation cannot be sufficiently achieved by the Member States, it is better to establish
such conditions at Community level. Accordingly, the Community may adopt measures in accordance
with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of
proportionality as set out in that Article, this Regulation does not go beyond what is necessary for achiev-
ing those objectives, recourse to the EGTC being optional, in accordance with the constitutional sys-
tem of each Member State,

HAVE ADOPTED THIS REGULATION:

Article 1

Nature of the EGTC

1.
A cooperative grouping can be established on community territory in the form of a European group-
ing of territorial co-operation, hereinafter referred to as ‘EGTC’, under the conditions and according to the
modalities envisaged by this Regulation.

2.

The EGTC shall have legal personality.

3.
The objective of the EGTC is to facilitate and promote territorial co-operation (cross-border, trans-
national and inter-regional) between regional and local authorities in the EU with the aim of strengthen-
ing economic, social and territorial cohesion.

With the same aim, it can equally have the objective of facilitating and promoting trans-national and inter-
regional co-operation.

The competent authority of the Member State whose law is applicable shall have a right of super-

4.
vision over the EGTC's management of public funds, both national and Community.

The competent authority of the Member State whose law is applicable shall inform the other Member
States affected by the convention of European grouping of territorial co-operation, hereafter referred to as ‘con-
vention’, of the results of any checks carried out.

5. Where border regions have experienced prolonged periods of civil or military conflict, the EGTC
may also have the objective of promoting reconciliation and assisting with peace-building programmes.

Article 2

Composition

1.
The EGTC may be made up of Member States and/or local public bodies, and/or of other bodies
acting on a not-for-profit basis, in which regional/local authorities and Member States participate, here-
inafter referred to as ‘members’.

6.7.2006

EN

Official Journal of the European Union

C 157 E/311

2.

The creation of an EGTC shall be decided at the initiative of its members.

The members shall set up the EGTC as a separate legal entity and it may assign its tasks to one of its

3.
members.

Wednesday 6 July 2005

Article 3

Tasks and competencies

1.
The EGTC shall carry out the tasks which it is assigned by its members in accordance with this
Regulation. Its competencies shall be defined by a convention concluded by the members in accordance with
Article 4.

The EGTC shall act within the confines of the tasks entrusted to it; the execution of those tasks

2.
may be delegated to one of its members.

3.
The EGTC may be given the task either of implementing territorial co-operation programmes co-
financed by the Community, notably through the Structural Funds, or of carrying out any other action of
territorial co-operation with or without Community financial intervention.

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

4.
No financial liability shall fall on Member States that are not members of the EGTC, even though
their regional, local or public bodies are participating as members. This, however, is without prejudice to
the financial responsibility of Member States in relation to Community funds operated by the EGTC.

A convention may not concern the delegation of public authority powers, notably police and regulatory

5.
powers.

Convention of European grouping of territorial cooperation

Article 4

1.

The EGTC shall be the subject of a convention drawn up by its members.

The convention shall specify, in particular, the operating principles, the competencies and tasks of the

2.
EGTC, its duration and the conditions for its dissolution.

The convention shall be limited solely to the field of territorial co-operation determined by its

3.
members.

The convention shall define the law applicable to its interpretation and enforcement. The applicable law

4.
shall be from that Member State involved in the convention where the EGTC has its seat.

The EGTC shall be subject to the law governing the operation of associations of the Member State

5.
designated by its members.

The conditions for granting concessions or public service delegations to the EGTC within the field of

6.
territorial co-operation are to be defined in the convention, on the basis of the applicable national law.

The convention shall be notified to the Member States involved in the EGTC, to the Commission and
7.
to the Committee of the Regions. The Commission shall enter the convention in a public register of all
EGTC conventions.

Article 5

Statutes

1.

2.

The EGTC shall adopt its statutes on the basis of the convention.

The statutes shall contain provisions on:

(a)

the list of its members;

(b)

the objective and tasks of the EGTC;

C 157 E/312

Official Journal of the European Union

EN

6.7.2006

Wednesday 6 July 2005

(c)

its name and the address of its seat;

(d)

its organs, which shall include an assembly composed of representatives of its members and an execu-
tive committee, its competencies, its functioning, the number of representatives of the members of the
organs and a secretariat. The statutes may provide for supplementary organs;

(e)

the decision-making procedures of the EGTC;

(f)

the establishment of the working language or languages;

(g)

(h)

the modalities for its functioning, notably concerning personnel management, recruitment procedures,
the nature of personnel contracts, guaranteeing stability of co-operation actions;

the modalities for the members' financial contributions and the applicable accounting and budgetary
rules;

(i)

the designation of an independent organisation of financial control and external audit;

(j)

the modalities for its dissolution.

If a member is assigned the tasks of the EGTC, in accordance with Article 2(3) the content of the

3.
statutes may form part of the convention.

Article 6

Budget

The EGTC establishes an annual provisional budget, which is adopted by the members. It draws up an

1.
annual activity report, certified by experts who are independent of the members.

The members are financially liable on a pro-rata basis according to their contribution to the budget,

2.
until the EGTC's debts are met.

Article 7

Publicity

After the EGTC has acquired legal personality in accordance with the law of the Member State desig-
nated by its members, the statutes establishing the EGTC shall be published in the Official Journal of the
European Union.

This publication shall include the name of the EGTC, its objective, the list of its members and the address of
its seat.

Article 8

Entry into force

This Regulation shall enter into force on the twentieth day following its publication in the Official Journal of
the European Union.

It shall apply from 1 January 2007.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at …, on …

For the European Parliament
The President

For the Council
The President