Amended proposal for a Regulation of the European Parliament and of the Council establishing a European grouping of territorial co-operation (EGTC) (presented by the Commission pursuant to Article 250(2) of the Treaty)
Date: 2006-03-07
Institutions: European Commission
Subjects: EU body for police and judicial cooperation, cross-border cooperation, economic and social cohesion, local authority, regional authority

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 7.3.2006
COM(2006) 94 final 

2004/0168 (COD) 

Amended proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European grouping of territorial co-operation (EGTC) 

(presented by the Commission pursuant to Article 250(2) of the Treaty) 

EN 

   EN 

 
 
 
  
 
 
EXPLANATORY MEMORANDUM 

Member  States  and  regional  and  local  authorities  have  experienced  important 
difficulties  in  carrying  out  and  managing  actions  of  cross-border  co-operation,  trans-
national co-operation and inter-regional co-operation, within the framework of differing 
national  laws  and  procedures.  This  calls  for  appropriate  measures  at  the  Community 
level in order to reduce these difficulties. The existing instruments, such as the European 
economic  interest  grouping  on  Community  level  or  bi-  or  multilateral  agreements 
between Member States have proven ill-adapted to organising a structured co-operation 
of  structural  fund  programmes  within  the  INTERREG  initiative  during  the  2000-2006 
programming  period.  The  Committee  of  the  Regions  among  others  has  invited  the 
Commission to consider the setting-up of a Community instrument. 

The  harmonious  development  of  the  entire  Community  territory  and  reinforced 
economic, social and territorial cohesion imply a stronger cross-border co-operation and 
the adoption of measures to improve the implementation conditions for co-operation of 
all  kinds.  To  this  end,  article  159,  third  paragraph,  of  the  Treaty,  allows  for  specific 
actions to be taken outside the Funds which are the subject of the first paragraph of that 
provision,  in  order  to  achieve  the  Treaty  objective  of  greater  economic  and  social 
cohesion. The proposal shall be adopted under the co-decision provisions (Art. 251 of the 
Treaty). 

In order to overcome the obstacles hindering territorial co-operation, it is necessary to 
introduce a co-operation instrument at the Community level, which allows the creation 
of  co-operative  groupings  in  the  Community  territory,  invested  with  legal  personality, 
called “European groupings of territorial co-operation” (EGTC). Recourse to the EGTC 
shall be optional. 

The  EGTC  is  invested  with  the  capacity  to  act  on  behalf  of  its  members,  notably  the 
regional and local authorities of which it is composed. The tasks delegated to it must be 
defined  by  its  members,  in  a  convention  of  European  territorial  co-operation.  The 
EGTC  must  be  able  to  act,  either  for  implementing  programmes  of  co-operation 
programmes  co-financed  by  the  Community,  notably  by  the  Structural  Funds  ,or  for 
carrying  out  any  other  co-operation  action  at  the  sole  initiative  of  the  Member  States 
and/or their regional and local authorities, with or without financial contribution by the 
Community. 

In order to restrict the Regulation to the strict minimum, the national legislation on the 
ways equivalent groupings formed under national law operate shall apply to those issues 
not covered by the Regulation or the Statutes of the EGTC. 

Development of the file 

The  political  importance  of  the  proposal  can  be  considered  as  high.  The  European 
Parliament has voted in first reading in favour of a new instrument for co-operation and 
has  proposed  several  amendments  whereas  the  Council’s  working  group  is  still 
examining it, with a special concern about the possible consequences if the objective of 
the  grouping  is  not  clearly  limited  and  about  the  measures  for  the  control  over  its 
legality and over the regularity of its acts. In the Member States some regions located at 
the borders are very interested in having such an instrument if it allows for cooperation 
with  bordering  regions  in  a  flexible  way  and  within  a  high  margin  of  autonomy  with 

EN 

2 

   EN 

 
regard to the central administrations and Governments. Such an instrument is seen as a 
complement  to  similar  initiatives  at  national  level,  and  at  the  level  of  the  Council  of 
Europe  (for  example  the  Euroregions).  The  Committee  of  the  Regions  has  adopted  a 
resolution  strongly  supporting  the  Commission’s  initiative.  Overall  the  Parliament’s 
report (Draftsman: Mr. Jan Olbrycht) supports the Commission’s proposal to create a 
new instrument to facilitate co-operation. The Draftsman’s proposals aim at improving 
the  text  and  at  adding  some  issues  not  covered  by  the  Commission’s  proposal,  or  not 
clearly enough. The Commission accepted most of the amendments adopted by a large 
majority in the plenary Session on 6 July 2005 as they help to clarify the text and are in 
line with the objective of the Commission’s proposal. 

Follow-up of European Parliament amendments 

The Commission has fully accepted 17 amendments. First of all the Commission accepts 
to  rename  the  grouping  into  “European  grouping  of  territorial  co-operation”  (EGTC) 
throughout  the  text  in  order  to  reflect  that  the  grouping  may  cover  all  kind  of 
“territorial” co-operation: cross-border, trans-national or inter-regional (Title, Recitals 
1, 5, 6, 7, 10, 12, 16, title of Art. 1, Art. 1, Art. 3, title of Art. 4 and Art. 4. 

Then the Commission accepts to exclude financial liability of the Member States when 
the  EGTC  is  used  outside  the  management  of  Structural  Funds  (Art.  3  (4)). 
Furthermore,  the  Regulation  should  fix  the  applicable  law  which  should  be  the  one  of 
the Member State where the EGTC will have its registered seat (Art. 1A(2)). Additional 
clarifications were made in Recitals 7, 8 and 15 as well as in Article 1(3). 

Another 17 amendments are acceptable in principle/substance, but subject to rewording. 
Concerning the following recital and articles the Commission just prefers an alternative 
formulation: Recital 11, Art. 2(3), 3(2), 4(1) and 8(1).  

The Commission agrees to clarify the very objective of the EGTC: Either an EGTC is 
set  up  to  manage  a  co-operation  programme  co-financed  by  the  Community,  notably 
under the future objective 3, or it is set up to carry out any other action of co-operation 
(Recital  12,  Art. 1(2)  and  Article  3(3)).  The  Commission  suggests  that  throughout  the 
text  the  Regulation  should  distinguish  between  “powers”  or  “competences”  of  the 
members of an EGTC on the one hand and of a delegation of “tasks” to the EGTC on 
the other hand (Recital 11 and Articles 2(3), title of Art. 3 and 3(2)). 

Concerning  a  right  of  supervision  and  control  of  the  Member  States,  the  Regulation 
should provide for the appropriate measures. However, the initiative for the creation of 
an  EGTC  shall  remain  with  the  potential  members  and  no  additional  obstacles  are 
created. These supervision rights cannot only cover issues concerning the management 
of funds, but also the right to control whether the members may delegate the execution 
of the tasks to an EGTC (new Art. 2A). 

The Commission proposes that the law governing the way in which equivalent groupings 
formed  under  national  law  operate  in  the  Member  State  where  the  EGTC  has  its  seat 
applies to EGTC, not only concerning the registration of the EGTC - as asked for by the 
EP – but also to cover other aspects not regulated by the Regulation (Art. 1A(2) and Art. 
5(4)). 

EN 

3 

   EN 

 
The Commission proposes to clarify the distinction between the elements to be covered 
by the convention (Art. 4) and those to be covered by the statutes (Art. 5): the statutes 
cover  all  the  elements  of  the  convention,  all  the  elements  mentioned  in  Art.  5  and 
additional elements as agreed upon by the members. The convention would cover only 
the elements enabling the Member States to control whether the members may delegate 
the execution of the tasks to an EGTC according to the relevant national legislation and 
if the objective of the EGTC in conformity with this Regulation. 

The Commission accepts the amendment concerning Recital 16 in substance, but sticks 
to 
the  principles  of  subsidiarity  and 
proportionality.  

formulation  concerning 

the  standard 

Concerning  the  definition  of  “other  bodies”  in  Art.  2(1),  the  Commission  prefers  a 
reference  to  an  existing  definition  (reference  accepted  for  the  Structural  Funds  in 
general)  than  to  create  a  new  one.  The  Commission  agrees  to  concentrate  provisions 
concerning the responsibilities of the members in Article 5(2)d). However, Amendment 
31 would delete elements deemed necessary by the Commission. 

Furthermore,  a  group  of  2  amendments  is  only  partially  acceptable:  In  Art.  4(2)  the 
Commission only accepts that the convention is notified to the Member States concerned 
and to the Committee of the Regions. Concerning the compulsory organs of an EGTC, 
the Commission defines the assembly as a compulsory organ in Art. 6(1). 

Finally, the Commission clarifies the wording in Art. 4(1)f) of the English version in line 
with the French version, the wording in Art. 3(5) and in Art. 5(2)e) in order to avoid any 
misunderstanding,  the  title  of  Art.  8  to  bring  it  into  line  with  existing  legislation  and 
deleted  the  second  sentence  in  Art.  9  in  order  to  enable  the  setting-up  of  an  EGTC 
before the start of the next programming period (i.e. 1 January 2007). 

Pursuant to Article 250(2) of the Treaty the Commission amends its proposal according 
to the following text. As the amendments should be seen within the context of a relatively 
short legislative proposal, the text is being presented in a consolidated version. 

EN 

4 

   EN 

 
2004/0168 (COD) 

Amended proposal Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

establishing a European grouping of territorial cross-border co-operation (EGTC) (EGCC) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty establishing the European Community, and in particular the third 
paragraph of Article 159 thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

(3) 

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, and 
social  and  territorial  cohesion  imply  the  strengthening  of  cross-border  co-operation. 
To  this  end  it  is  appropriate  to  adopt  the  measures  necessary  for  improving  the 
implementation conditions for actions of cross-border co-operation. 

Taking  into  account  the  important  difficulties  encountered  by  the  Member  States,  in 
particular by the 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  Community  following  its  enlargement,  it  is  necessary  to  facilitate  the 
reinforcement  of  cross-border,  trans-national  and  inter-regional  co-operation  in  the 
Community. 

1 
2 
3 
4 

OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 
OJ C […], […], p. […]. 

EN 

5 

   EN 

 
                                                 
(4) 

(5) 

(6) 

(7) 

(8) 

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

Council  Regulation  (EC)  No  (…)  laying  down  general  provisions  for  the  European 
regional development fund, the European social fund and the Cohesion fund, increases 
the means in support of European territorial co-operation. 

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

In order to overcome the obstacles hindering cross-border co-operation, it is necessary 
to institute a co-operation instrument at Community level, which allows the creation of 
co-operative  groupings  in  the  Community  territory,  invested  with  legal  personality, 
called  “European  groupings  of  territorial  cross-border  co-operation”  (EGTC) 
(EGTC). Recourse to the EGTC should be optional. 

It  should  be  optional  to  continue  to  apply  agreements  on  cross-border,  trans-
national  or  inter-regional  co-operation  between  Member  States  and/or  regional 
and local authorities; 

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

(9)(10) The  tasks  and  competencies  of  the  EGTC  EGCC  should  must  be  set  out  in  a 
“Convention of European grouping of territorial cross-border co-operation”. 

(10)(11) 

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

(11)(12) 

The  EGTC  EGCC  should  must  be  able  to  act,  either  for  implementing 
programmes  of  cross-border  co-operation  co-financed  by  the  Community,  notably 
within  the  structural  Funds  in  conformity  with  Regulation  (EC)  No  and  Regulation 
(EC) No on the European Regional Development Fund, as well as trans-national and 
inter-regional co-operation programmes, or for carrying out cross-border co-operation 
programmes  which  are  at  the  sole  initiative of  the  Member  States  and  their  regional 
and local authorities, without financial contribution by the Community. 

(12)(13) 

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

(13)(14) 

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

(14)(15) 

It  is  necessary  for  the  EGTC  EGCC  to  establish  its  statutes,  and  equip  itself 
with its own organs, as well as rules for the budget and for the exercise of its financial 
responsibility. 

EN 

6 

   EN 

 
(15)(16) 

Since the objectives of the action to be taken to improve the conditions for 
territorial  cross-border  co-operation,  as  specified  in  this  Regulation,  cannot  be 
sufficiently  achieved  created  in  an  efficient  way  by  the  Member  States  in  the 
framework  of  differing  national  laws  and  procedures  between  them,  and  can 
therefore, by reason of lack of valuable solutions offered by existing instruments 
on Community level, be are thus better achieved established at the Community level, 
the  Community  may  adopt  can  take  measures,  in  accordance  with  the  principle  of 
subsidiarity  principle  as  set  out  enshrined  in  article  5  of  the  Treaty.  In  accordance 
with  the  principle  of  proportionality  principle,  as  set  out  in  that  Article,  this 
Regulation  does  not  go  beyond  exceed  what  is  necessary  in  order  to  achieve  for 
achieving  those  its  objectives,  recourse  to  the  EGTC  EGCC  being  optional,  in 
accordance with the constitutional system of each Member State, 

HAVE ADOPTED THIS REGULATION: 

Article 1 
Nature of the EGTC EGCC 

1. 

A co-operative grouping  may can be set up established on Community territory in 
the form of a European grouping of territorial cross-border co-operation, hereinafter 
referred  to  as  “EGTC”  “EGCC”,  on  under  the  conditions  and  according  to  in  the 
modalities envisaged by in the manner laid down in this Regulation. 

The EGCC is invested with legal personality. 

2. 

3. 

The objective of the EGTC EGCC shall be is to facilitate and promote economic or 
social  actions  of  cross-border,  trans-national  and  interregional  co-operation, 
hereinafter referred to as “territorial co-operation”, between its members as set 
out in Article 2(1), located in two or more Member States, a well as regional and 
local authorities, with the aim of reinforcing strengthening economic, and social and 
territorial cohesion.  

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

The EGTC shall have legal personality. It shall have in each Member State the 
most  extensive  legal  capacity  to  act  accorded  to  legal  persons  in  their  law;  it 
may, in particular, acquire or dispose of movable and immovable property and 
may be a party in legal proceedings. 

Article 1 A 
Applicable law 

1. 

An EGTC shall be governed by the following: 

a) 

this Regulation; 

b)  where  expressly  authorized  by  this  Regulation,  the  provisions  of  the 

convention and the statutes; 

EN 

7 

   EN 

 
c) 

in the case of matters not, or only partly, regulated by this Regulation, the 
laws  of  Member  States  governing  national  groupings  of  a  similar  nature 
and purpose in the Member State where the EGTC has its seat. 

2. 

The  law  applicable  to  the  interpretation  and  enforcement  of  the  convention 
referred  to  in  Article  4(1)(d)  shall  be  the  law  of  the  Member  State  where  the 
EGTC has its seat. 

Article 2 
Composition 

The  EGCC  can  be  made  up  of  Member  States  and/or  regional  and  local  authorities  and/or 
local public bodies, hereafter referred to as “members”. 

The creation of an EGCC is decided at the initiative of its members.  

The members can decide to set up the EGCC as a separate legal entity, or to  

1. 

The  EGTC  shall  be  made  up  of  members  belonging  to  one  or  more  of  the 
following categories or to associations whose members belong to one or several 
of these categories 

a)  Member States, 

b) 

regional authorities 

c) 

local authorities or 

d) 

bodies  governed  by  public  law  within  the  meaning  of  the  second 
subparagraph  of  Article  1(9)  of  Directive  2004/18/EC  of  the  European 
Parliament  and  of  the  Council  of  31  March  2004  on  the  coordination  of 
procedures  for  the  award  of  public  works  contracts,  public  supply 
contracts and public services contracts5, 

hereinafter referred to as “members”. 

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

The members of an EGTC may decide to assign its tasks to one of the members. 

Article 2 A 
Control 

Prior  to  the  formation  of  an  EGTC  its  members  shall  establish  a  draft 
convention as set out in Article 4 and notify it to the Member States in which the 
members  are  located.  Within  two  months  from  the  reception  of  the  draft 
convention the Member States concerned shall satisfy themselves that the tasks 

2. 

3. 

1. 

5 

OJ L 134, 30.04.2004, p. 114. 

EN 

8 

   EN 

 
                                                 
mentioned in the draft convention comply with this Regulation and fall within 
the competencies of the members according to their respective national laws. 

If a Member State considers that the tasks mentioned in the draft convention do 
not  comply  with  this  Regulation  or  not  fall  within  the  competencies  of  those 
members which are located in its territory, it shall transmit a statement of the 
reasons thereof to the members. 

If,  after  two  months,  the  Member  States  remain  silent,  the  draft  convention 
shall be deemed to be approved. 

After the formation of an EGTC, the competent authorities of the Member State 
where  the  EGTC  has  its  seat  shall  have  a  right  of  supervision,  in  accordance 
with the national law applicable, in respect of the EGTC’s acts and management 
of public Funds. 

The Member State where the EGTC has its seat shall inform the other Member 
States  affected  by  the  convention  of  the  results  of  any  checks  carried  out  in 
accordance with paragraph 2. 

Article 3 
Competence 
Tasks 

The EGTC EGCC carries shall carry out the tasks which it is assigned to it by its 
members  in  accordance  with  this  regulation.  Its  competencies  are  tasks  shall  be 
defined by a convention of European territorial cross-border co-operation, hereafter 
referred  to  as  “convention”,  which  is  passed  by  the  members,  in  conformity  with 
article 4 of this regulation.”. 

2. 

3. 

1. 

Within the limits of its tasks, the EGCC acts on behalf of its members. To this end, the EGCC 
is invested with the legal capacity accorded to legal entities by national legislations. 

2. 

3. 

The EGTC shall act within the confines of the tasks entrusted to it. 

The EGTCEGTC may can be given the task either 

- 

- 

implementing  territorial  cross-border  co-operation  programmes  co-

of 
financed by the Community, notably through the Structural Funds, or 

of carrying out any other economic or social action of territorial cross-border 
co-operation  at  the  sole  initiative  of  the  bodies  referred  to  in  Article  2(1), 
with  or  without  community  a  financial  intervention.  contribution  from  the 
Community. 

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

EN 

9 

   EN 

 
4. 

5. 

Without prejudice to the financial responsibility of Member States in relation to 
any Community Funds entrusted to the EGTC, no financial liability shall arise 
for  Member  States  on  account  of  this  Regulation  in  relation  to  an  EGTC  of 
which they are not a member. 

A The tasks assigned to the EGTC by the convention cannot may not concern the 
delegation  exercise  of  powers  of  conferred  by  public  authority,  notably  law  of 
duties  designed  to  safeguard  the  general  interests  of  the  state  or  other  public 
authorities, such as police and regulatory powers. 

Article 4 
Convention of European territorial cross-border co-operation 

1. 

All The EGTC EGCC shall be are the subject of a convention specifying:. 

a) 

b) 

the name of the EGTC and the address of its seat; 

the objective and The convention specifies the tasks of the EGTC EGTC, its 
duration and the conditions for its dissolution.; 

c) 

the list of its members; 

The convention is limited solely to the domain of cross-border co-operation determined by its 
members. 

The  convention  stipulates  the  responsibilities  of  each  of  the  members  with  respect  to  the 
EGTC and with respect to third parties. 

The convention defines  

d) 

the law applicable to the its interpretation and enforcement of the convention; 

The applicable law is from one of the Member States concerned. In case of a dispute between 
members, the competent jurisdiction is that of the Member State whose law was chosen. 

e) 

f) 

the  arrangements  for  mutual  recognition  The  convention  establishes  the 
modalities in the field of control and 

on the basis of the applicable national law, the The conditions under which 
for  granting  concessions  or  public  service  delegations  granted  to  the  EGTC 
EGCC  within  the  territorial  cross-border  co-operation  are  implemented  are 
to be defined in the convention, on the basis of the applicable national law. 

2. 

The  convention  shall  be  concluded  by  the  members  after  completion  of  the 
procedure offset out in Article 2A. The members shall notify the The convention 
is notified to all its members and to the Member States and to the Committee of the 
Regions. 

EN 

10 

   EN 

 
Article 5 
Statutes 

1. 

2. 

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

The  statutes  contain,  at  least,  all  the  provisions  of  the  convention  and  the 
following provisions: 

a) 

the list of its members; 

b) 

the objectives and tasks of the EGTC, and its relations with the members; 

c) 

a) 

its name and the address of its seat; 

the operating principles of its organs and their competencies, its functioning, 
the number of representatives of the members on in the relevant organs; 

b) 

the decision-making procedures of the EGTC EGCC; 

c) 

d) 

e) 

the establishment of the working language or languages; 

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

the modalities arrangements for the members’ financial contributions, and the 
applicable  accounting  and  budgetary  rules,  as  well  as  the  liabilities  on 
financial issues, of each of the members of the EGTC with respect to it, as 
well  as  the  division  of  liabilities  of  the  members  with  respect  to  acts 
attributable to the EGTC and 

f) 

the  designation  of  the  independent  organisations  responsible  for  of  financial 
control and independent, external audit. 

3. 

If Where a member is assigned the tasks of the EGTC EGCC, in accordance with 
article Article 3 2, paragraph 2 3, the content of the statutes can may be a part of the 
convention. 

Upon adoption of the statutes, the EGCC has the capacity to act, in accordance with article 3, 
paragraph 2. 

4. 

The  statutes  shall  be  registered  and/or  published,  according  to  the  applicable 
law governing registration and/or publication of national groupings of a similar 
nature and purpose. The EGTC shall acquire legal capacity on the day of that 
registration and/or publication. 

EN 

11 

   EN 

 
Article 6 
Organs 

1. 

The  EGCC  is  represented  by  a  director,  who  acts  on  its  behalf.  The  EGTC  shall 
have as organs an assembly and a director. 

The  EGCC  can  equip  itself  with  an  assembly,  which  is  made  up  by  shall  be 
composed of representatives of it’s the members of the EGTC. 

The director shall represent the EGTC and act on its behalf. 

2. 

The statutes can envisage supplementary may provide for other organs 

Article 7 
Budget 

The EGTC EGCC establishes an annual provisional budget, which is shall be adopted by the 
assembly  members.  It  draws  up  an  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, until the EGCC’s debts are eliminated. 

The preparation of its annual accounts, including the accompanying annual report, and 
the auditing and publication of those accounts shall be governed in accordance with the 
provisions referred to in points (b) and (c) of Article 1A(1). 

Article 8 
Publicity 

Notice in the Official Journal of the European Union 

The EGCC is published in the Official Journal of the European Union once it has the capacity 
to act, in accordance with article 5, paragraph 4. As of this instant, the legal capacity of the 
EGCC is recognised in each Member State. 

This publication includes the name of the EGCC, its objective, the list of its members and the 
address of its seat. 

The EGTC shall send, within ten working days from the registration or, if publication of 
the statutes is required in accordance with Article 5, paragraph 4, the publication of the 
statutes, to the Office for Official Publications of the European Communities a request 
for  publication  in  the  Official  Journal  of  the  European  Union  of  a  notice  including  the 
name of the EGTC, its objective, the list of its members and the address of its seat. 

Upon the publication of this notice, the legal capacity of the EGTC shall be recognised in 
each Member State. 

EN 

12 

   EN 

 
Article 9 
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 Brussels,  

For the European Parliament 
The President 

For the Council 
The President 

EN 

13 

   EN