REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCILThe application of the Regulation (EC) No 1082/2006 on a European Grouping of Territorial Cooperation (EGTC)
Date: 2011-07-29
Institutions: European Commission
Subjects: application of EU law, cross-border cooperation, international cooperation, regional cooperation

EUROPEAN COMMISSION 

Brussels, 29.7.2011 
COM(2011) 462 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 
The application of the Regulation (EC) No 1082/2006 on a European Grouping of 
Territorial Cooperation (EGTC) 

{SEC(2011) 981 final} 

 
 
  
  
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL  

The application of the Regulation (EC) No 1082/2006 on a European Grouping of 
Territorial Cooperation (EGTC) 

1 

INTRODUCTION 

Article  175  of  the  Treaty  on  the  functioning  of  the  European  Union1,  in  particular  its  third 
subparagraph2, provided the legal basis for the adoption of Regulation (EC) No 1082/2006 of 
the European Parliament and the Council of 5 July 2006 on a European grouping of territorial 
cooperation (EGTC)3 (the EGTC Regulation), which entered into force on 1 August 2006 and 
has been fully applicable since 1 August 2007. It opened a new perspective in the domain of 
cooperation and enabled the creation of a new European instrument providing a legal structure 
for  better  cooperation  between  national,  regional  and  local  authorities  and  other  public  law 
bodies in different countries, especially in the context of the European Territorial Cooperation 
(ETC) Objective of Cohesion Policy. 

The  EGTC  instrument  is  intended  to  increase  the  cohesion  of  the  Union  by  facilitating 
territorial  cooperation  and  reducing  its  practical  difficulties  through  a  legal  body  that  can 
increase legal certainty and stability for cooperation initiatives. 

This document meets the requirement of the Commission to report by 1 August 2011 to the 
European Parliament and the Council on the application of the Regulation and proposals for 
amendments,  where appropriate (Article 17) N.B. all articles  quoted are those of  the EGTC 
Regulation, unless otherwise indicated. 

2  PURPOSE OF THE EGTC INSTRUMENT 

Member  States  and,  in  particular,  regional  and  local  authorities  encountered  significant 
difficulties  when  trying  to  implement  programmes  for  territorial  cooperation  because  of 
differing national laws and procedures and the increase in the number of land and maritime 
borders in the Community following its enlargements of 2004 and 2007.  

Existing  instruments  on  cooperation  within  the  European  Union,  such  as  the  European 
economic  interest  grouping  (EEIG),  are  primarily  aimed  at  cooperation  between  economic 
operators4 rather than public authorities. In addition, the structures proposed by the Council of 
Europe  for  regional  and  local  authorities  to  cooperate  across  borders  were  not  endorsed 
throughout the whole European Union. 

1  
2  

3 
4 

Replacing Article 159 of the Treaty Establishing the European Union 

“If specific actions prove necessary  outside the Funds and  without  prejudice to the  measures decided upon within the framework of the other Union policies, such 

actions may be adopted by the Council acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee and the 

Committee of the Regions." 

OJ L 210, 31.7.2006, p. 19. 
 "other legal bodies governed by public or private law, which have been formed in accordance with the law 
of  a  Member  State"  can  also  be  members  of  a  grouping  (Article  4  of  Regulation  (EEC)  No  2137/85), 
including, among others, local authorities and chambers of commerce. However, this is provided that their 
activities can be considered of an economic nature. 

1 

 
 
                                                 
In  this  context,  the  EGTC  was  created  at  European  level  as  a  legal  instrument  which 
contributes to territorial cooperation across national borders by providing a directly applicable 
and lasting European basis for actions. All Member States implement the EGTC Regulation in 
full.  The  establishment  of  an  EGTC  is  optional  and  the  EGTC  Regulation  does  not  prevent 
any institution from freely choosing other forms or formulas for territorial cooperation, with 
or without legal personality.  

The  EGTC  was  developed  to  make  territorial  cooperation  more  strategic  but  –  at  the  same 
time  –  more  flexible  and  simple.  An  EGTC  should  reduce  the  difficulties  encountered  by 
Member  States  and,  in  particular,  by  regional  and  local  authorities  in  implementing  and 
managing cooperation activities in the context of differing national laws and procedures.  

3  APPLICATION OF THE EGTC REGULATION 

To  gather  the  necessary  data  on  the  practical  application  of  EGTC  the  European 
Commission's  Directorate  General  for  Regional  Policy  organised  an  informal  meeting  with 
the  experts  of  individual  Member  States  (High  Level  Group  reflecting  on  future  Cohesion 
Policy),  met  representatives  of  the  European  Parliament,  and  in  particular  worked  in  close 
cooperation with the Committee of the Regions. 

In 2010 the European Commission and the Committee of the Regions together with the 2010-
2011  Presidencies  of  the  Council  of  the  European  Union  (Spain-Belgium-Hungary)  and  the 
INTERACT  programme  led  a  wide  consultation  of  Member  States,  regional  and  local 
authorities and other stakeholders on the operation and added value of the EGTC instrument.5 

3.1  Role of the European Institutions and Advisory Bodies 

3.1.1  European Commission 

The  Commission  has  consistently  underlined  the  importance  of  effective  governance  in 
ensuring 
in 
conferences and discussions organised by the Presidencies of the Council, the Committee of 
the Regions, by EGTCs and other stakeholders. 

territorial  cohesion6.  Furthermore 

the  Commission  actively  participated 

The  Commission  offers  active  support  both  directly,  through  conferences  and  networking 
events,  through  bilateral  contact  with  some  Member  States  and  stakeholders,  and  via 
INTERACT,  a  programme  for  the  exchange  of  experience  in  European  Territorial 
Cooperation. Furthermore, EGTCs are now a regular topic of the Open Days held annually by 
the Commission and the Committee of the Regions. 

3.1.2  European Parliament 

The European Parliament has taken a close interest in EGTCs. The own-initiative report "on 
Objective  3:  a  challenge  for  territorial  cooperation  –  the  future  agenda  for  cross-border, 

5 

6 

Results published in Conclusions of the Committee of the Regions about the joint consultation – The 
Review of regulation (EC) 1082/2006 on the European Grouping of Territorial Cooperation, 
Committee of the Regions, 2010, 
http://www.cor.europa.eu/COR_cms/ui/ViewDocument.aspx?contentid=366960dd-3c03-4efa-9230-
665455fa6bb5  
Second progress report on economic and social cohesion (COM(2003)31 final of 30.01.2003, p.5. 

2 

 
 
                                                 
transnational and interregional cooperation"7 was adopted in 2011. On EGTC the report states 
"this instrument works satisfactorily" and "it has met the need expressed by regional and local 
authorities  for  structured  cooperation  covering  financing,  the  legal  status  of  projects  and 
multi-level governance (…)." Moreover, specific sectoral reports, for example on sport8 and 
health  care9,  encourage  the  promotion  and  use  of  the  EGTC  for  cross-border,  transnational, 
and inter-regional cooperation. 

3.1.3  Committee of the Regions 

The  Committee  of  the  Regions  is  identified  by  the  Treaty  as  a  principal  partner  of  the 
Commission,  in  particular  in  issues  concerning  cross-border  cooperation.  The  Committee 
adopted opinions on the EGTC in 200810 and 201111, whereby it confirmed its commitment to 
support EGTC but called for legal changes to ease its setting up and functioning. In addition, 
it  considers  that  "...the  EGTCs  also  provide  useful  prospects  as  'laboratories'  for  multi-level 
governance". 

3.2  Member States’ implementation of the EGTC Regulation 

Member  States  must  make  such  provisions  as  are  appropriate  to  ensure  the  effective 
application of the EGTC Regulation. The deadline was 1 August 2007 and the Staff Working 
Document  accompanying  this  Report  provides  detailed  information  on  the  information 
transmitted  by Member States to the Commission.12 

While all Member States have now informed the Commission on the measures taken or to be 
taken  to  adapt  national  rules  to  conform  with  the  Regulation,  a  number  did  so  only  after 
considerable delay. Such delays have often contributed to difficulties in approving proposals 
for specific EGTCs. 

3.3  Number and scope of EGTCs 

Article  5  states  that  "the  members  shall  inform  the  Member  States  concerned  and  the 
Committee  of  the  Regions  of  the  convention  and  the  registration  and/or  publication  of  the 
statutes". This allows the Committee of the Regions to hold an informal register of EGTCs:  
Creation of EGTCs (31 March 2011) 13 

Year 

2008 

7 

8 

9 

10 

11 

12 
13 

EGTCs created 

Cumulative total 

4 

4 

Draft  Report  (2010/2155(INI)),  Committee  on  Regional  Development,  Rapporteur:  Marie  Thérèse 
Sanchez-Schmid, June 2011. 
"White  Paper  on  Sport",  EP  resolution  of  8  May  2008  (2007/2261/INI),  point  83,  OJ  C  271E, 
12.11.2009, p. 51. 
European  Parliament  legislative  resolution  of  23  April  2009  on  the  proposal  for  a  directive  of  the 
European Parliament and of the Council on the application of patients' right in cross-border healthcare 
(COM(2008)0414 – C6-0257/2008-2008/0142 (COD)), Amendment 102. 
Opinion  of  the  Committee  of  the  Regions  on  European  Grouping  of  Territorial  Cooperation:  new 
impetus for territorial cooperation in Europe (CdR 308/2007fin), Rapporteur: Mercedes Bresso. 
Own-Initiative Opinion of the Committee of the Regions on New Perspectives for the Revision of the 
EGTC Regulation (CdR 100/2010fin), Rapporteur: Alberto Núnez Feijóo. 
See Section 2 of Staff Working Document. 
Source: Committee of the Regions. See full list in Section 3 of Staff Working Document. 

3 

 
 
                                                 
2009 

2010 

In preparation 

6 

6 

21 

10 

16 

Article 7 states that “[an] EGTC shall act within the confines of the tasks given to it, which 
shall  be  limited  to  the  facilitation  and  promotion  of  territorial  cooperation  to  strengthen 
economic  and  social  cohesion."  The  “tasks  of  an  EGTC  shall  be  limited  primarily  to  the 
implementation  of  territorial  cooperation  programmes  or  projects  co-financed  by  [Cohesion 
Policy]. An EGTC may carry out other specific actions of territorial cooperation between its 
members (…) with or without a financial contribution from the Community." 

In  addition  to  the  EGTC  Regulation,  Article  18  of  Regulation  (EC)  No  1080/2006  (ERDF 
Regulation)14, states that "Member States participating in an operational programme under the 
European  territorial  cooperation  objective  may  make  use  of  the  [EGTC]  with  a  view  to 
making that grouping responsible for managing the operational programme by conferring on 
it the responsibilities of the managing authority and of the joint technical secretariat." Of the 
16  EGTCs  established  by  31  March  2011,  one  was  specifically  set  up  to  implement  and 
manage  one  ETC  programme,  one  primarily  to  implement  a  project  financed  by  cohesion 
policy  and  the  rest  with  other  actions  of  territorial  cooperation  which  may  include  projects 
funded through ETC.15 

4  EGTCS IN PRACTICE 

4.1 

 Motives to create and to further develop an EGTC  

An EGTC offers a more coherent cooperation context available to local, regional and national 
authorities  and  other  public  bodies.  The  EGTC  Regulation  provides  a  formal  framework  to 
existing  cooperation  with  more  legal  certainty,  a  more  official  basis  and  a  more  solid 
institutional structure. An EGTC contributes to a better dialogue between the Member States 
and other public authorities and is a suitable structure for long-term territorial cooperation. 

The  EGTC  Regulation  tool  allows  broad  partnership,  a  real  intervention  capacity  across 
borders  and  a  wide  scope  of  actions  within  all  three  cooperation  strands:  cross-border, 
transnational  and  interregional.  It  simplifies  the  previously  very  heterogeneous  legal 
framework conditions existing for cross-border co-operation throughout the EU and provides 
an  appropriate  legal  framework  for  transnational  and  inter-regional  cooperation16,  even 
though ad hoc solutions, formal or informal, have had to be found for specific issues. 

The  motivation  to  establish  an  EGTC  is  often  the  will  to  create  a  visible  and  permanent 
structure  of  cross-border  or  territorial  cooperation,  to  design  joint  growth  strategies,  to 
generate  economies  of  scale,  and  to  manage  joint  projects,  infrastructure  or  environmental 
resources. Reports from Member States, regional and local authorities and EGTCs show that 
the decision to set up an EGTC often depends on the previous history of cooperation between 
the partners. Partners underlined that the EGTCs were established in order better to face the 

14 
15 
16  

OJ L 210, 31.7.2006, p. 1. 
Source: Committee of the Regions report 
INTERREG  III  Community  Initiative  (2000-2006)  -  Ex-Post  Evaluation.  Final  Report  (No. 
2008.CE.16.0.AT.016) by Panteia and Partners, May 2010, p. 165. 

4 

 
 
 
                                                 
challenge  of  cooperation:  reaching  an  agreement  on  the  role  and  tasks  of  the  EGTC  is  an 
important  part  of  the  process.  Some  of  the  existing  EGTCs  are  planning  to  increase  the 
number of their members, so the creation of an EGTC may not be a single event, but a step on 
a continuous process. 

4.2  Practical difficulties in the application of the EGTC Regulation 

Based  on  the  evidence  gathered  in  the  consultations  with  stakeholders  several  issues  have 
been identified in the application of the EGTC Regulation, both in relation to the creation and 
the functioning of the EGTC. Reactions of existing EGTC to the instrument are positive but 
uptake to date falls well short of potential.  

As  explained  above,  the  delay  in  adopting  national  provisions  meant  that,  by  the  time  they 
were  ready,  the  ETC  programmes  were  already  prepared  and  key  decisions  about  their 
implementation  systems  already  taken.  Moreover,  it  may  be  that  the  novelty  of  the  EGTC 
instrument deterred Member States and Managing Authorities from relying on it for a formal 
role in implementing cooperation programmes. 

Time-consuming and complex procedures are reported as the most important negative drivers 
when  establishing  an  EGTC.  Some  EGTCs  complained  about  insufficient  awareness  of  the 
instrument  amongst  the  national  authorities  and  Commission  services  when  requesting 
practical information or applying for support. It seems that respect of the three month period 
for decision by a Member State on an application to create an EGTC is the exception rather 
than the general rule specified in Article 4. 

4.2.1 Creation of an EGTC 

The  legal  difficulties  linked  to  the  EGTC  formation  process,  mostly  stemming  from  a 
perception of incompability of differing national rules and a lack of coordination between the 
Member  States,  are  among  the  most  important  obstacles  discouraging  stakeholders  from 
establishing an EGTC. The variation in cross-border structures, local and regional authorities 
and associations highlights the need for an instrument such as the EGTC. At the same time, 
this variation creates great problems in applying a single model that will satisfy all the various 
constraints.  

An issue inhibiting the creation of EGTCs is the differing status of local and regional bodies 
in different Member States. Tasks that fall under regional or local competence on one side of 
the border may be viewed as national responsibilities on the other side.  

As a second issue, the EGTC Regulation allows the Member States to take different decisions 
in the process of national implementation which leads to differences in questions of limited or 
unlimited liability. The regime may be different in two neighbouring States. When the EGTC 
Regulation  was  negotiated  some  Member  States  stated  that  their  national  law  did  not  allow 
local  authorities  to  become  members  of  a  legal  body  with  unlimited  liability:  hence  the 
provision of Article 12 became necessary. 

A third issue for both existing and prospective EGTCs is the membership of third countries 
and  their  regional  and  local  bodies.  Article  3  specifies  that  members  of  EGTCs  must  be 
Member States, regional or local authorities or public law bodies or their associations, drawn 
from  at  least  two  Member  States.  However  there  are  several  cases  where  the  members  or 
prospective members would see advantages in adding members from a third country or even 
setting  up  an  EGTC  between  regions  or  local  authorities  of  one  Member  State  and  a  third 

5 

 
 
country. This poses issues at political level and, for the second case, on what legal basis an 
EGTC  could  be  set  up  between  members  from  only  one  Member  State  and  from  a  third 
country. 

Certain  reported  hindrances  seem  to  derive  from  a  lack  of  awareness  of  the  detail  of  the 
EGTC Regulation. For example, there has been confusion between what should be contained 
in the convention forming an EGTC and what should be included in its statutes. Likewise, the 
mistaken  belief  that  private  entities  cannot  participate  in  an  EGTC  has  limited  some 
operations. In fact, private entities considered contracting entities for the purposes of public 
procurement may become members of an EGTC (Article 3(1)(d)). However, there is a request 
to extend this possibility even wider. Finally, some stakeholders have reported delays in the 
publication process for EGTCs, signalling a possible need for clarification and improvement 
of the notification process. 

4.2.2 Operation of an EGTC 

Established  EGTCs  report  –  almost  universally  –  that  once  the  hurdles  surrounding  their 
creation  have  been  overcome  the  benefits  are  evident.  The  creation  of  a  legal  body  with  a 
mandate on both sides of a border can greatly simplify rational provision of public transport 
or utilities, or an integrated strategy for development of the region in the context of Europe 
2020.  

Nonetheless, the existence of an EGTC does not remove all problems experienced by cross-
border  operations.  Different  Member  States  or  even  different  authorities  within  the  same 
Member  States  may  give  a  differing  interpretation  to  a  given  legal  provision  and  create 
different practices.  

A  major  problem  highlighted  by  stakeholders  is  linked  to  staff  contracts,  even  if  Article 
9(2)(d) requires the statutes of an EGTC to contain arrangements for its functioning, notably 
concerning  personnel  management,  recruitment  procedures  and  the  nature  of  personnel 
contracts.  Consequently,  the  Commission  is  of  the  view  that  the  statutes  could  indicate  the 
law  which  applies  to  employment  contracts,  e.g.  the  law  of  the  location  of  the  registered 
office or of the place where other EGTC statutory organs are located and perform their duties. 
Otherwise,  in  accordance  with  the  second  paragraph  of  Article  2  of  the  EGTC  Regulation, 
where it is necessary under the EU or international private law to establish the choice of law 
which governs an EGTC's acts, the EGTC must be treated as an entity of the Member State 
where it has its registered office.  

Neither the EGTC Regulation nor the relevant EU Directives offer a solution where a public 
body  such  as  an  EGTC  as  contracting  authority  procures  works  or  services  in  a  different 
Member  State  than  where  it  is  registered.  Nevertheless  existing  EGTCs  have  to  procure  in 
more  than  one  Member  States  as  the  activities  carried  out  by  that  EGTC  cover  different 
countries. There has been a request to cover this issue in the EGTC Regulation. 

More  visibility  would  enable  EGTCs  to  support  networking  and  to  allow  exchange  of 
experience.  Commission  services  have  not  always  recognized  EGTCs  as  eligible,  for 
example, to participate in their calls for proposals. Similarly, national public administrations 
have not always been aware of EGTCs and their capacities and legal status. 

The long drawn out procedure to establish an EGTC discourages subsequent adaptation of the 
convention  or  statutes,  even  when  changed  circumstances  require  it.  The  current  EGTC 
Regulation  does  not,  however,  allow  for  a  simplified  approach  to  modification  of  the 

6 

 
 
convention and statutes, especially concerning the admission of new members to an existing 
EGTC. 

4.3 Examples of existing EGTCs 

The  scope  of  activities  currently  undertaken  by  the  EGTCs  is  very  broad,  ranging  from  the 
joint management of natural resources, to improved access to cross-border transport systems, 
management of services of general interest (such as health or education) and other territorial 
matters. Many EGTCs plan to implement growth and sustainable development strategies, in 
line  with  the  Europe  2020  Strategy  therefore  contributing  to  the  full  development  of  the 
territories concerned. 

The  EGTC  activities  in  many  cases  go  beyond  the  implementation  of  cooperation 
programmes and projects in the framework of cohesion policy that are cited as primary tasks 
in the EGTC Regulation. Certain of these EGTCs, however, are now proposing projects for 
funding under ETC or other EU programmes. 

While  the  capacity  to  act  as  a  managing  authority  and  joint  technical  secretariat  of  the 
European cooperation programmes is welcomed by the existing EGTCs, this option is so far 
used only by the Grande Région EGTC. This may be due to the time constraints of adoption 
of  the  EGTC  Regulation  and  obligation  of  the  Member  States  to  make  their  own  national 
provisions in order to implement the EGTC Regulation. 

Grande Région EGTC 

This EGTC established under French law and based in Metz was set up in April 
2010  by  the  Grand-Duchy  of  Luxembourg,  the  Région  Wallonne  (Belgium), 
Lorraine (France) and the German Länder of Rhineland-Pfalz and Saarland. It is 
the  only  example  of  an  EGTC  acting  as  managing  authority  for  an  ETC  cross-
border cooperation programme, covering the major part of the regions concerned. 
The  Joint  Technical  Secretariat  is  organised  as  an  association  and  is  located  in 
Luxembourg.  This  EGTC  is  financed  from  the  technical  assistance  of  the  ETC 
programme, which acts as the managing authority of the ETC Programme of the 
same name. 

EGTC Hospital de la Cerdanya 

This EGTC, created in April 2010, is an innovative solution to provide a hospital 
with  an  immediate  impact  on  the  population  of  a  cross-border  catchment  area 
between  France  and  Spain  with  about  30.000 inhabitants.  The  partners  involved 
are  the  Catalan  Government  and  the  French  Ministry  of  Health,  the  National 
Health Insurance and the Regional Agency for hospitals of Languedoc-Roussillon. 
Given  the  investment  volume  and  the  annual  contributions,  it  is  by  far  the  most 
substantial venture among all EGTCs. The project is pioneering an area extremely 
important across the EU gradually increasing cooperation in and harmonisation of 
health care across the Member States. 

Ister Granum EGTC 

The Ister Granum EGTC was founded in June 2008 in the Hungarian-Slovakian 
border  region  as  the  second  EGTC  within  the  EU.  Its  background  is  the 
developing  cooperation  around  the  Eszergom-Parkany  bridge.  Today,  51 

7 

 
 
Hungarian and 38 Slovakian local authorities of the Euroregion are members. Due 
to strong political support and an active Euroregion, it was rapidly created, mainly 
based on the approved development programme, which is currently implemented 
by the EGTC. One major task is to develop applications for funding from the ECT 
Programmes Hungary-Slovakia and Southeast Europe. 

As  the  number  of  EGTCs  gradually  increases  it  has  become  clear  that  while  each  EGTC 
adapts  to  its  specific  situation  there  is  a  widespread  tendency  to  emphasise  the  strategic 
aspects of cooperation. 

Eurometropole Lille-Kortrijk-Tournoi EGTC 

The  first  EGTC  established  in  January  2008,  the  Eurometropole  Lille-Kortrijk-
Tournoi  EGTC  includes  145  municipalities  as  well  as  regional  and  national 
authorities. The region has a long experience in working cross-border going back 
to 1991. It covers an extended urban area with a population of around two million. 
The  main  objective  is  to  strengthen  internal  cohesion  within  the  cross-border 
conurbation  by  promoting  cooperation  and  realising  projects  according  to  the 
common  development  strategy.  The  added  value  is  an  improved  coordination 
process  based  on  the  strong  will  of  all  stakeholders  and  a  lengthy  history  of 
cooperation. 

5  PROPOSALS AND IMPROVEMENTS 

The  Commission  considers  that  the  EGTC  instrument  should  be  kept  as  simple  and  non-
constraining as possible, allowing the form and function of individual EGTCs to be shaped in 
accordance  with  the  tasks  they  have  to  perform  in  the  environment  in  which  they  are 
operating. 

However,  in  order  to  ensure  that  this  flexible  approach  does  not  lead  to  delays  in 
implementation,  there  is  scope  for  considerable  improvement  of  procedures  for  approving 
proposed  EGTCs.  The  Commission  therefore  envisages  a  limited  number  of  specific 
improvements to the Regulation and the wider context. 

5.1  Amendments to the EGTC Regulation 

An  EGTC  offers  a  valuable  instrument  that  is  becoming  more  and  more  accepted. 
Nonetheless,  the  slow  take-up  of  the  instrument  and  some  difficulties  in  practical 
implementation  suggest  that  improvements  are  possible  and  necessary.  The  Commission 
therefore  envisages  a  number  of  amendments  to  the  EGTC  Regulation.  These  would  not 
require  changes  in  the  activity  of  current  EGTCs  but  would  on  the  one  hand  adapt  the 
language to the Treaty on the Functioning of the European Union and on the other be centred 
on  simplifying  and  accelerating  the  setting  up  process  and  implementation.  For  example, 
EGTCs  between  public  bodies  from  only  one  Member  State  and  from  non-Member  States 
could  be  authorised  if  scope  of  the  legal  act  were  broadened.  A  system  of  tacit  response 
allowing  EGTCs  to  be  established  in  the  absence  of  reasoned  objections  by  national 
authorities within a reasonable time, might replace the current requirement to respond within 
three months as a general rule. The purpose of an EGTC could be extended to cover strategy 
and  the  planning  and  management  of  regional  and  local  concerns  in  line  with  EU  policies. 
Finally,  in  this  section,  the  insurance-based  solution  adopted  under  EU  law  for  a  different 

8 

 
 
legal  instrument17  could  address  the  problem  of  setting-up  of  EGTCs  with  limited  liability, 
allowed in some Member States, but not necessarily in neighbouring Member States. 

5.2  Possible clarifications 

Experience shows that, in some cases, the EGTC Regulation has not been fully understood. 
The Commission will seek to make it clearer that the convention establishing an EGTC must 
state  clearly  under  which  laws  it  will  operate,  including  any  provision  for  exceptions,  that 
private bodies submitted to public procurement rules may be members of EGTCs and that the 
statutes  controlling  an  EGTC’s  operation  must  clearly  set  out  the  rules  under  which  it  will 
operate, such as applicable national law for employees. 

5.3 

Improvements linked to other EU regulations and policies  

•  For the EGTC instrument to achieve its full potential, it should be part of an integrated 
approach  to  delivery  of  EU  policy  priorities.  In  its  proposals  for  the  revision  of 
Cohesion  Policy  regulations  the  Commission  intends  to  ensure  that  no  obstacles  are 
placed in the way of the use of EGTCs.  This could enable EGTCs to become more 
prominent in delivering interventions requiring cooperation among regions in different 
countries. Moreover, EGTCs could play an important role in enabling macro-regional 
strategies  and  inter-regional  cooperation  projects  (outside  ETC)  and  networks  to 
become more effective. 

•  Extensive use of EGTCs in delivering other Union policies should also be encouraged. 
Whether  in  the  fields  of  environmental  improvement,  research  collaboration, 
education and culture or others, an EGTC may add to the value of Union policies by 
offering a more structured and adaptable means of implementation.  

• 

In  the  forthcoming  revision  to  Public  Procurement  Directives  the  Commission  will 
consider how to address problems linked to cross-border procurement encountered by 
such bodies among others. 

5.4 

Improvements to gathering and dissemination of information 

A  number  of  changes  could  contribute  to  a  more  effective  instrument.  The  Commission 
therefore intends to: 

•  Collect and distribute information on the implementation of the EGTC Regulation in 

the Member States; 

•  Actively collaborate with the Committee of the Regions on the EGTC Platform18,  

•  Encourage  sharing  of  know-how,  networking  and  regular  exchange  of  views  among 
all  the  stakeholders  concerned  (national,  regional  and  local  administrations,  existing 
and prospective EGTCs), for example by a programme like INTERACT. 

17 

18 

Article 12(3) of Council Regulation (EC) on the Community legal framework for a European Research 
Infrastructure Consortium (ERIC) (OJ L 206, 8.8.2009, p.1): "If the financial liability of the members is 
not unlimited, the ERIC shall take appropriate insurance to cover the risks specific to the construction 
and operation of the infrastructure." 
http://portal.cor.europa.eu/egtc/en-US/Platform/Pages/welcome.aspx  

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6  CONCLUSION  

The  EGTC  instrument  was  proposed  to  overcome  the  obstacles  hindering  territorial 
cooperation in the European Union and beyond and in particular to provide a way to operate 
across  borders,  avoiding  the  blockages  potentially  created  by  incompatible  legal  and 
administrative  systems.  While  the  timing  of  the  new  instrument  limited  its  use  for  this 
purpose, experience since 2007 shows that the EGTC instrument responds to clear needs. It 
has been used for inter alia: 

•  Managing specific projects, whether in receipt of Community funds or not; 

•  Planning development strategies for cross-border and multi-national zones;  

•  Operating facilities of common interest; 

•  Providing a locus for multi-faceted, multi-level communication and cooperation; 

•  Ensuring the visibility and durability of cooperation going beyond ETC programmes. 

To summarise, the existence of this instrument has provided a means of moving from a desire 
to  cooperate  to  concrete  expressions  of  cooperation.  The  gradually  accelerating  move  to 
create EGTCs shows that local and regional entities are finding more and more ways in which 
EGTCs can help achieve their aspirations. 

Nonetheless,  the  opportunities  could  be  exploited  more  widely.  Difficulties  in  setting  up  an 
EGTC have discouraged a number of potential groups that could have contributed to the tasks 
listed  above.  Moreover,  the  existence  of  a  single  body  with  legal  status  operating  across 
borders  does  not  eliminate  persistent  issues  such  as  determination  of  applicable  public 
procurement rules across borders or the status of EGTCs' own staff. 

The  Commission  therefore  intends  to  propose  a  limited  number  of  modifications  to  the 
Regulation to facilitate the establishment and operation of EGTCs, as well as clarification of 
certain existing provisions. It is also encouraging other changes to enhance the efficiency and 
effectiveness of EGTCs in promoting cooperation in the implementation of European policies. 

The  Commission’s  intended  approach  will  seek  to  remove  obstacles  to  establishing  EGTCs 
while  maintaining  continuity  in  and  facilitating  the  operation  of  existing  ones.  The 
Commission  believes  that  these  adaptations  will  allow  more  extensive  use  of  EGTCs  to 
contribute to better cooperation and policy coherence among public bodies without additional 
burden on national or European administrations. 

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