Proposal for a REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and implementation of such groupings
Date: 2011-10-06
Institutions: European Commission
Subjects: EU office or agency, administrative formalities, application of EU law, cross-border cooperation, operation of the Institutions, regional cooperation, staff regulations (EU)

EUROPEAN COMMISSION 

Brussels, 6.10.2011 
COM(2011) 610 final 

2011/0272 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1082/2006 of the European Parliament and of the Council 
of 5 July 2006 on a European grouping of territorial cooperation (EGTC) as regards the 
clarification, simplification and improvement of the establishment and implementation 
of such groupings 

EN 

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EXPLANATORY MEMORANDUM 

1. 

CONTEXT OF THE PROPOSAL 

The  proposal  is  the  second  part  of  the  fulfilment  by  the  Commission  of  the  obligation 
imposed by Article 17 of Regulation (EC) No 1082/2006. On 29 July 2011, the Commission 
transmitted  a  Report  on  the  application  of  the  Regulation1.  The  report  identified  areas  that 
could be improved and this draft amending Regulation embodies the specific changes that will 
effect those improvements. 

The philosophy behind the changes can be expressed in three keywords: Continuity; Clarity; 
Flexibility.  

– 

– 

– 

Continuity:  because  the  basic  nature  of  an  EGTC  will  not  be  changed  and  no 
existing EGTC should need to change its statutes or ways of operating; 

Clarity: because the Regulation will be modified (a) to take account of the Lisbon 
Treaty,  (b)  to  simplify  and  clarify  certain  aspects  that  have  been  shown  to  cause 
confusion and (c) to ensure more visibility and communication on the formation and 
operation of EGTCs; 

Flexibility:  by  opening  up  EGTCs  to  any  aspect  of  territorial  cooperation  (and  not 
‘primarily’  the  managing  of  ERDF-funded  programmes  and  projects)  and  by 
providing  legal  bases  for  the  participation  of  authorities  and  regions  from  third 
countries to participate as members. 

2. 

RESULTS OF CONSULTATIONS WITH THE INTERESTED PARTIES 

This Regulation draws on extensive consultation with stakeholders, including Member States, 
regions and members of existing and planned EGTCs. The Committee of the Regions, which 
operates  a  ‘Platform’  for  the  exchange  of  information  on  EGTCs2,  has  been  a  particularly 
valuable  partner.  Among  the  specific  events  that  have  contributed  to  the  findings  of  the 
Report  and  the  content  of  the  present  proposals  are:  a  wide  consultation  of  all  stakeholders 
conducted  in  cooperation  with  the  Committee  of  the  Regions  on  the  operation  and  added 
value  of  the  EGTC  instrument3,  the  European  Conference  on  European  Groupings  of 
Territorial Cooperation (EGTCs) on 27 and 28 January 2011, the Conference on EGTC and 
Multi-level Governance organised by the Hungarian Presidency on 21-23 March 2011 and a 
number of meetings with committees and groups of the European Parliament, most recently 
on 22 June 2011. 

1 

2 
3 

Report  fro  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), 
COM(2011) 462 final, 29.7.2011. 
http://portal.cor.europa.eu/egtc/en-US/Pages/welcome.aspx  
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 

, 

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The  message  from  all  groups,  and  most  especially  the  active  EGTCs  and  those  under 
preparation, was clear: the instrument is useful and has potential going beyond its anticipated 
functions,  but  the  procedures  for  operating  and  especially  setting  up  EGTCs  are  more 
complex and uncertain than they should be. 

While the Committee of the Regions in its opinion adopted in January 20114 suggested that 
financial  and  other  incentives  might  be  used  to  promote  usage  of  EGTCs,  and  some  active 
groupings endorsed this, the Commission is of the opinion that recourse to an EGTC should 
be a free and unbiased choice of the parties concerned, without specific incentives beyond the 
inherent utility of the instrument. 

3. 

LEGAL ELEMENTS OF THE PROPOSAL 

Article  175  of  the  Treaty  on  the  Functioning  of  the  European  Union  (TFEU)  invites  the 
Council to adopt such specific actions as may be necessary to promote economic, social and 
territorial cohesion. 

Articles 209 and 212 allow the European Parliament and Council to adopt measures allowing 
cooperation, whether for development purposes or not, with third countries. 

4. 

BUDGETARY IMPLICATION 

The EGTC Regulation is not a financial regulation and carries no budgetary implications for 
the Union or for Member States. EGTCs may be funded by local, regional or national funds 
and may carry out actions that are co-funded by European funds. 

5. 

SUMMARY OF CONTENT OF THE REGULATION 

This  amending  Regulation  makes  changes,  on  the  one  hand,  to  respect  the  terminology 
introduced by the Treaty on the Functioning of the European Union and on the other hand in 
response  to  the  weaknesses  and  areas  of  potential  improvement  identified  in  the  Report 
referred to above. 

These changes concern the Membership, the content of the Convention and Statutes of an 
EGTC,  its  purpose,  the  process  of  approval  by  national  authorities,  applicable  law  for 
employment  and  for  procurement,  approach  for  EGTCs  whose  members  have  different 
liability for their actions and more transparent procedures for communication. 

On Membership, new legal bases are employed to permit regions and bodies in non-Member 
States to be members of an EGTC, whether the other members are from one or many Member 
States. The eligibility of membership of bodies under private law is also clarified. 

The  convention  and  statutes  of  an  EGTC  are  re-defined  and  the  distinction  in  approval 
procedure underlined. 

The criteria for approval or rejection by national authorities are specified, and a limited time 
for  examination  proposed  (this  is  the  single  most  frequently  heard  complaint  from  existing 
and planned EGTCs). 

4 

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. 

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Solutions,  in  line  with  the  acquis  of  the  Union,  are  proposed  for  tax  and  social  security 
regimes  for  employees  of  an  EGTC,  who  may  be  employed  in  any  of  the  Member  States 
whose territories comprise the EGTC. A similar approach is proposed for procurement rules. 

And for liability, where some local or regional bodies are required by their national laws to 
have limited liability and others, in different Member States, are required to have unlimited 
liability,  an  insurance-based  solution  modelled  on  that  used  for  European  Research 
Infrastructure Consortia (ERIC)5 is proposed. 

Finally, Member States will be required to inform the Commission of any provisions adopted 
to implement the EGTC Regulation, as amended, and each newly established EGTC should 
inform the Commission of its purpose and membership, for publication in the Official Journal 
(C Series). 

5 

Article 14(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." 

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2011/0272 (COD) 

Proposal for a 

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Regulation (EC) No 1082/2006 of the European Parliament and of the Council 
of 5 July 2006 on a European grouping of territorial cooperation (EGTC) as regards the 
clarification, simplification and improvement of the establishment and implementation 
of such groupings 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having regard to the Treaty on the Functioning of the European Union, and in particular the 
third subparagraph of Article 175 in conjunction with Articles 209(1) and 212(1) thereof, 

Having regard to the proposal of the European Commission, 

After transmission of the draft legislative act to the national Parliaments, 

Having regard to the Opinion of the European Economic and Social Committee6, 

Having regard to the Opinion of the Committee of the Regions7, 

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

(2) 

In  accordance  with  Article  17  of  Regulation  (EC)  No  1082/2006  of  the  European 
Parliament  and  of  the  Council  of  5  July  2006  on  a  European  grouping  of  territorial 
cooperation  (EGTC)8  (hereinafter  the  'EGTC  Regulation'),  the  Commission  adopted 
on 29 July 2011 the "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)"9. 

In that Report, the Commission announced its intention to propose a limited number of 
modifications to the EGTC Regulation to facilitate the establishment and operation of 
EGTCs, as well as clarification of certain existing provisions. Obstacles to establishing 
new  EGTCs  should  be  removed  while  maintaining  continuity  in  and  facilitating  the 
operation of existing ones, thus allowing more extensive use of EGTCs to contribute 
to  better  cooperation  and  policy  coherence  among  public  bodies  without  additional 
burden on national or European administrations. 

6 
7 
8 
9 

OJ C , , p. . 
OJ C , , p. . 
OJ L 210, 31.7.2006, p. 19. 
COM(2011) 462 final. 

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(3) 

(4) 

(5) 

(6) 

(7) 

The creation of an EGTC is a matter to be decided by its members and their national 
authorities, and is not automatically associated with any legal or financial advantages 
at the Union level. 

The  Treaty  of  Lisbon  has  added  the  territorial  dimension  to  Cohesion  Policy  and 
replaced  "Community"  by  the  "Union".  The  new  terminology  should  therefore  be 
introduced into the EGTC Regulation. 

Experience with EGTCs set up so far shows that the new legal instrument is also being 
used for cooperation in the implementation of other European policies. The efficiency 
and effectiveness of EGTCs should be enhanced by broadening the nature of EGTCs. 

EGTCs operate by nature in more than one Member State. Consequently, while Article 
2(1)  of  the  EGTC  Regulation  before  amendment  allows  that  the  convention  and 
statutes  may  state  the  applicable  law  on  certain  issues  and  while  such  statements 
privilege - within  the  hierarchy  of  applicable  law  laid  down  in  that  Article - the 
national  laws  of  the  Member  State  where  the  EGTC  has  its  registered  office,  this 
should  be  clarified.  At  the  same  time,  the  provisions  on  applicable  law  should  be 
extended to the acts and activities of an EGTC. 

Differing status of local and regional bodies in different Member States results in the 
fact  that  competences  may  be  regional  on  one  side  of  a  border,  but  national  on  the 
other side, especially in smaller or centralised Member States. Consequently, it should 
be clarified that national authorities may become members of an EGTC alongside the 
Member State. 

(8)  While point (d) of Article 3(1) of the EGTC Regulation allows that bodies established 
under  private  law  may  become  members  of  an  EGTC  provided  that  they  are 
considered  as  being  'public  law  bodies'  in  terms  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 service contracts10, EGTCs may be used in the future to manage 
jointly public services of general economic interest or infrastructures. Other private or 
public  law  actors  may  therefore  also  become  members  of  an  EGTC.  Consequently, 
'public undertakings' within the meaning of Article 2(1)(b) of Directive 2004/17/EC of 
the  European  Parliament  and  of  the  Council  of  31 March  2004  coordinating  the 
procurement procedures of entities operating in the water, energy, transport and postal 
services sectors11 should be covered as well. 

(9) 

The third subparagraph of Article 175 of the Treaty does not foresee the inclusion of 
entities  from  third  countries  in  legislation  based  on  that  provision.  The  EGTC 
Regulation did not explicitly exclude the possibility of entities from third countries to 
participate  in  an  EGTC  formed  in  accordance  with  this  Regulation  where  the 
legislation  of  a  third  country  or  agreements  between  Member  States  and  third 
countries so allow. 

(10)  Experience  shows  that  the  involvement  of  authorities  or  other  bodies  from  third 
countries  equivalent  to  those  eligible  inside  the  Member  States  has  given  rise  to 

10 
11 

OJ L 134, 30.4.2004, p. 114. 
OJ L 134, 30.4.2004, p. 1. 

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implementation difficulties. However, such involvement in EGTCs set up by members 
drawn  from  two  or  more  Member  States  constitutes only an  ancillary  element to the 
cooperation  inside  the  Union  and  between  Member  States.  Consequently,  such 
involvement  should  be  clarified  without  recourse  to  a  different  legal  basis  in  the 
Treaty. 

(11)  Since  1990,  European  territorial  cooperation  has  been  supported  by  financial 
instruments  under  Cohesion  policy  and  in  this  context  cooperation  has  always  been 
possible  in  a  limited  number  of  cases  between  only  one  Member  State  and  a  third 
country.  Consequently,  the  legal  instrument  EGTC  should  also  be  opened  to  such  a 
cooperation context. 

(12)  Taking into account that, for the 2014 to 2020 period, there will be a special additional 
allocation  for  the  cooperation  of  the  outermost  regions  of  the  Union,  alongside 
authorities  and  bodies  from  third  countries,  authorities  and  bodies  from  overseas 
countries  and  territories  as  listed  in  Annex  II  to  the  Treaty  ('overseas  territories') 
should also be involved. Such cooperation is permitted by Article 203 of the Treaty.  

(13)  The  EGTC  Regulation  distinguished  between  the  convention  laying  down  the 
constitutive  elements  of  the  future  EGTC  and  the  statutes  setting  out  the 
implementation elements. However, the statutes still had to contain all the provisions 
of the convention. It should therefore be clarified that the convention and the statutes 
are  distinct  documents  and - although  both  shall  be  sent  to  Member  States - the 
approval  procedure  should  be  limited  to  the  convention.  In  addition,  some  elements 
presently covered by the statutes should be covered by the convention instead. 

(14)  Experience  from  the  setting  up  of  EGTCs  shows  that  the  three  months  period  for 
approval by a Member State has rarely been respected. The period should therefore be 
extended to six months. On the other hand, in order to create legal certainty after that 
period,  the  convention  should  be  deemed  to  be  approved  by  tacit  agreement.  While 
Member  States  may  apply  national  rules  on  the  procedure  for  such  approval  or  may 
create  specific  rules  in  the  framework  of  the  national  rules  implementing  the  EGTC 
Regulation, derogations to the provision concerning tacit agreement after the period of 
six months should be ruled out. 

(15) 

It  should  be  clarified  that  Member  States  should  approve  the  convention  unless  it 
considers  the  participation  of  a  prospective  member  is  not  in  conformity  with  the 
EGTC  Regulation,  with  other  provisions  of  Union  law  concerning  the  EGTC's 
activities  as  laid  down  in  the  draft  convention  or  with  the  national  substantive  law 
concerning  the  competences  of  the  prospective  member,  unless  such  participation  is 
not justified for reasons of public interest or public policy of that Member State, while 
excluding  from  the  scope  of  the  scrutiny  any  national  law  requiring  other  or  stricter 
rules and procedures than those foreseen by the EGTC Regulation. 

(16)  As  the  EGTC  Regulation  cannot  apply  in  third  countries  or  overseas  territories,  it 
should  be  specified  that  the  Member  State  where  the  proposed  EGTC's  registered 
office will be located should ensure, when approving the participation of prospective 
members  established  under  their  law,  that  the  third  countries  or  overseas  territories 
have applied equivalent conditions and procedures to those in the EGTC Regulation or 
in  accordance  with  international  agreements, especially  under  the  Council  of  Europe 
acquis.  It  should  also  be  specified  that  in  the  case  of  the  involvement  of  several 

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Member  States  and  one  or  more  third  countries  or  overseas  territories,  it  should  be 
sufficient  that  such  an  agreement  has  been  concluded  between  the  respective  third 
country or overseas territory and one participating Member State. 

(17) 

In order to encourage the accession of additional members to an existing EGTC, the 
procedure  to  amend  conventions  in  such  cases  should  be  simplified.  Consequently, 
such amendments should not be notified to all participating Member States, but only to 
the  Member  State  under  whose  national  law  the  new  prospective  member  is 
established. However, this simplification should not apply in case of a new prospective 
member from a third country or overseas territory in order to enable all participating 
Member  States  to  check  whether  such  accession  is  in  line  with  its  public  interest  or 
public policy. 

(18)  As the statutes will not contain all the provisions of the convention, both convention 
and  statutes  should  be  registered  and/or  published.  In  addition,  for  reasons  of 
transparency, a notice on the decision setting-up an EGTC should be published in the 
C series of the Official Journal of the European Union. For reasons of coherence, that 
notice should be established in accordance with a common template. 

(19)  The purpose of an EGTC should be extended to cover the facilitating and promotion of 
territorial cooperation in general, including strategic planning and the management of 
regional  and  local  concerns  in  line  with  Cohesion  and  other  Union  policies,  thus 
contributing  to  the  Europe 2020  strategy or  to the implementation of macro-regional 
strategies.  In  addition,  it  should  be  clarified  that  a  given  competence  needed  for  the 
efficient implementation of an EGTC should be represented by at least one member in 
each of the Member States represented. 

(20) 

In  this  context,  it  should  be  confirmed  that  this  instrument  is  neither  intended  to 
circumvent the framework provided by the Council of Europe acquis offering different 
opportunities  and  frameworks  within  which  regional  and  local  authorities  can 
cooperate across borders including the recent Euroregional Co-operation Groupings12, 
nor to provide a set of specific common rules which would uniformly govern all such 
arrangements throughout the Union. 

(21)  Both the specific tasks of an EGTC and the possibility of Member States to limit the 
actions that EGTCs may carry out without a financial support from the Union should 
be aligned with the provisions governing the Structural Funds during the period 2014-
2020. 

(22)  While it is laid down that the tasks do not concern, among others, 'regulatory powers', 
which  may  have  different  legal  consequences  in  different  Member  States,  it  should 
nevertheless  be  specified  that  an  EGTC's  assembly  may  define  the  terms  and 
conditions of the use of an item of infrastructure the EGTC is managing, including the 
tariffs and fees to be paid by the users. 

12 

Protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial 
Communities  or  Authorities  concerning  Euroregional  Co-operation  Groupings  (ECGs),  opened  for 
signature on 16 November 2009. 

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(23)  As  a  consequence  of  the  opening  up  of  EGTCs  to  members  from  third  countries  or 
overseas  territories,  it  should  be  specified  that  the  convention  should  contain 
arrangements for their involvement. 

(24) 

It  should  be  specified  that  the  convention  should  not  only  repeat  a  reference  to  the 
applicable law in general as already laid down in Article 2, but should list the specific 
Union or national rules applicable to the EGTC as a legal body or to its activities. In 
addition, it should be specified that such national legislation or rules may be those of 
the Member State where statutory organs exercise their powers, especially where the 
staff  working  under  the  responsibility  of  the  director  is  located  in  a  Member  State 
other than the Member State where its office is registered, or where the EGTC carries 
out  its  activities  including  where  it  is  managing  public  services  of  general  economic 
interest or infrastructures.  

(25)  This  Regulation  should  not  cover  problems  linked  to  cross-border  procurement 

encountered by EGTCs. 

(26) 

It should be clarified that the convention - and given the importance of this issue, not 
the  statutes - should  indicate  the  rules  applicable  to  the  EGTC’s  staff  as  well  as  the 
principles  governing  the  arrangements  concerning  personnel  management  and 
recruitment procedures. Several options should be available to the EGTCs. However, 
the  specific  arrangements  concerning  personnel  management  and  recruitment 
procedures should be addressed in the statutes. 

(27)  Member  States  should  further  exploit  the  possibilities  foreseen  under  Article 16  of 
Regulation  (EC)  No  883/2004  of  the  European  Parliament  and  of  the  Council  of  29 
April  2004  on  the  coordination  of  social  security  systems13  to  provide  by  common 
agreement  for  exceptions  to  Articles  11  to  15  (Determination  of  the  legislation 
applicable) of that Regulation in the interest of certain persons or categories of persons 
and to consider the staff of EGTCs as being such a category of persons. 

(28) 

It should be clarified that the convention - and given the importance of this issue, not 
the statutes - should cover the arrangements for members' liability in case of an EGTC 
with limited liability.  

(29)  The different arrangements referring to the control of management of public funds on 
one  hand  and  of  the  audit  of  the  EGTC's  accounts  on  the  other  hand  should  be 
clarified. 

(30) 

It  should  be  specified  that  where  an  EGTC  has  as  its  exclusive  objective  the 
management of a cooperation programme or part thereof supported by the ERDF, or 
where  an  EGTC  concerns  interregional  cooperation  or  networks,  information 
concerning the territory in which the EGTC may execute its task is not required. In the 
former  case,  the  territory  will  be  defined  (and  amended)  in  the  relevant  cooperation 
programme.  In  the  latter  case,  while  in  most  cases  concerning  immaterial  activities, 
the requirement for such information would jeopardize the accession of new members 
to interregional cooperation or networks. 

13 

OJ L 200, 7.6.2004, p. 1. 

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(31)  EGTCs  whose  members  have  limited  liability  should  be  more  clearly  distinguished 
from  those  whose  members  have  unlimited  liability.  In  addition,  in  order  to  enable 
EGTCs  whose  members  have  limited  liability  to  implement  activities  that  might 
generate  debts,  Member  States  should  be  allowed  to  require  that  such  EGTCs  take 
appropriate insurance to cover the risks specific to the activities thereof. 

(32) 

It should be clarified that Member States inform the Commission about any provisions 
adopted to implement the EGTC Regulation and to submit these provisions as well as 
any  amendments  thereof.  In  order  to  improve  the  information  and  coordination 
between  the  Commission,  the  Member  States  and  the  Committee  of  the  Regions,  it 
should be specified that the Commission will transmit these provisions to the Member 
States  and  to  the  Committee  of  the  Regions.  That  Committee  has  set  up  an  EGTC 
platform  allowing  all  the  stakeholders  to  exchange  their  experiences  and  good 
practices  and  to  improve  communication  on  EGTC  opportunities  and  challenges, 
facilitating  the  exchange  of  experiences  on the  establishment  of  EGTCs  at  territorial 
level and sharing knowledge of best practices on territorial cooperation. 

(33)  A  new  deadline  for  the  next  report  should  be  fixed.  In  accordance  with  the 
Commission's  move  towards  more  evidence-based  policy-making,  this  report  should 
address  the  main  evaluation  questions  including  effectiveness,  efficiency,  European 
added  value,  relevance  and  sustainability.  It  should  also  be  specified  that  taking 
account of the first subparagraph of Article 307 of the Treaty this report should also be 
forwarded to the Committee of the Regions. 

(34) 

(35) 

(36) 

It  should  be  clarified  that  existing  EGTCs  are  not  obliged  to  adapt  their  convention 
and statutes to amendments to the EGTC Regulation. 

It  should  also  be  specified  under  which  set  of  rules  those  EGTCs  for  which  an 
approval procedure has already been started before the application of this Regulation 
should be approved. 

In  order  to  adapt  existing  national  rules  to  implement  this  Regulation  before 
programmes  under  the  European  territorial  cooperation  goal  have  to  be  submitted  to 
the Commission, the starting date of its application should be 6 months after the date 
of its entry into force. 

(37)  Since  the  objective  of  this  Regulation,  namely  the  improvement  of  the  EGTC  legal 
instrument, cannot be sufficiently achieved by the Member States and can therefore be 
better achieved at Union level, the Union may adopt measures, in accordance with the 
principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on  European  Union.  In 
accordance  with  the  principle  of  proportionality,  as  set  out  in  that  Article,  this 
Regulation  does  not  go  beyond  what  is  necessary  in  order  to  achieve  that  objective, 
recourse to an EGTC being optional, in accordance with the constitutional system of 
each Member State, 

HAVE ADOPTED THIS REGULATION: 

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Article 1 

Regulation (EC) No 1082/2006 is amended as follows: 

(1) 

Article 1 is amended as follows: 

(a)  Paragraphs 1 and 2 are replaced by the following:  

“1.  A  European  grouping  of  territorial  cooperation,  hereinafter  referred  to  as 
"EGTC", may be established on Union territory under the conditions and subject to 
the arrangements provided for by this Regulation. 

“2.  The  objective  of  an  EGTC  shall  be  to  facilitate  and  promote  territorial 
cooperation,  including  one  or  more  of  cross-border,  transnational  and  interregional 
cooperation,  between  its  members  as  set  out  in  Article  3(1),  with  the  aim  of 
strengthening economic, social and territorial cohesion.” 

(b)  The following paragraph is added: 

“5.  The  registered  office  of  an  EGTC  shall  be  located  in  a  Member  State  under 
whose law at least one of the members is established.” 

(2) 

In Article 2, paragraph 1 is replaced by the following: 

"1.  An EGTC and its acts and activities shall be governed by the following: 

(a) 

this  Regulation  and,  where  applicable,  other  Union  law  concerning 
activities of the EGTC; 

(b)  where  expressly  authorised  by  this  Regulation,  the  provisions  of  the 

convention referred to in Article 8; 

(c) 

in the case of matters not, or only partly, regulated by this Regulation, the 
law  of  the  Member  State  where  the  EGTC  has  its  registered  office  or, 
where allowed under this Regulation, the law of the Member State where 
statutory organs exercise their powers or where the EGTC carries out its 
activities. 

An EGTC shall be considered to be an entity of the Member State  where  it  has its 
registered office for the purposes of determining the applicable law.” 

(3) 

In Article 3, paragraphs 1 and 2 are replaced by the following: 

“1.  The following entities may become members of an EGTC:  

(a)  Member States or authorities at national level; 

(b) 

regional authorities; 

(c) 

local authorities; 

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(d)  public  undertakings  within  the  meaning  of  Article  2(1)(b)  of  Directive 
2004/17/EC  of  the  European  Parliament  and  of  the  Council14  or  bodies 
governed by public law within the meaning of Article 1(9) of Directive 
2004/18/EC of the European Parliament and of the Council15; 

(e)  national,  regional  or  local  authorities  or  bodies  or  public  enterprises 
equivalent  to  those  referred  to  under  point  (d)  from  third  countries  or 
overseas territories, subject to the conditions laid down in Article 3a(1).” 

(b)  Paragraph 2 is replaced by the following: 

“2. An EGTC shall be made up of members drawn from the territory of at least two 
Member States, except as provided for in Article 3a(2).” 

(4) 

The following Article 3a is added: 

“Article 3a 
Accession of members from third countries or overseas territories 

1. 
In  accordance  with  Article  4(3a),  an  EGTC  may  be  made  up  of  members 
drawn  from  the  territory  of  at  least  two  Member  States  and  of  one  or  more  third 
country  or  overseas  territory,  where  those  Member  States  and  third  countries  or 
overseas  territories  jointly  carry  out  territorial  cooperation  actions  or  implement 
programmes supported by the Union. 

2. 
An EGTC may be made up of members drawn from the territory of only one 
Member  State  and  of  one  third  country  or  overseas  territory,  where  that  Member 
State considers such an EGTC consistent with the scope of its territorial cooperation 
or bilateral relations with the third country or overseas territory.” 

(5) 

Article 4 is amended as follows: 

(a)  Paragraph 3 is replaced by the following: 

“3.  Following  notification  under  paragraph  2  by  a  prospective  member,  the 
Member  State  concerned  shall  approve  the  convention,  taking  into  account  its 
constitutional  structure,  and  the  prospective  member's  participation  in  the  EGTC, 
unless it considers that such participation is not in conformity with this Regulation, 
other  Union  law  concerning  the  activities  of  the  EGTC  or  national  law  concerning 
the competences of the prospective member or that such participation is not justified 
for reasons of public interest or of public policy of that Member State. In such a case, 
the Member State shall give a statement of its reasons for withholding agreement or 
shall suggest the necessary amendments to the convention to enable the prospective 
member’s participation. 

The Member State shall reach its decision within a deadline of six months from the 
date of receipt of an application in accordance with paragraph 2. If the Member State 

14 
15 

OJ L 134, 30.4.2004, p. 1. 
OJ L 134, 30.4.2004, p. 114 

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concerned does not respond within the time limit laid down, the convention shall be 
deemed to be approved. 

In deciding on the prospective member's participation in the EGTC, Member States 
may apply their national rules." 

(b)  The following paragraph 3a is inserted: 

“3a.  In  the  case  of  an  EGTC  with  prospective  members  from  third  countries  or 
overseas  territories,  the  Member  State  where  the  proposed  registered  office  of  the 
EGTC  will  be  located  shall  ensure  that  the  conditions  laid  down  in  Article  3a  are 
fulfilled  and  that  the  third  country  or  the  Member  State  under  whose  laws  an 
the  prospective  member’s 
overseas 
participation according to equivalent conditions and procedures to those laid down in 
this Regulation, or in accordance with an agreement concluded between at least one 
Member State under whose law a prospective member is established and such third 
country or overseas territory. Paragraph 3 of this Article shall apply.” 

is  established  have  approved 

territory 

(c)  Paragraphs 5 and 6 are replaced by the following: 

“5.  The  members  shall  agree  on  the  convention  referred  to  in  Article  8  ensuring 
consistency with the approval or the amendments suggested by the Member States in 
accordance with paragraph 3 of this Article. 

Any  amendment  to  the  convention  or  to  the  statutes  shall  be  notified  by  the 

6. 
EGTC to the Member States under whose law its members are established. 

Any  amendment  to  the  convention  shall  be  approved  by  the  Member  States 
according to the procedure set out in this Article. 

However,  in  case  of  accession  to  an  existing  EGTC  of  a  new  member  from  a 
Member State that has already approved the convention, such accession shall only be 
approved  by  the  Member  State  under  whose  laws  the  new  member  is  established. 
Paragraph 3 of this Article shall apply. 

In case of the accession of a new member from a third country or overseas territory 
to an existing EGTC, such accession shall be approved by all the Member States that 
have already approved the convention. Paragraph 3a of this Article shall apply." 

(6) 

Article 5 is replaced by the following: 

“Article 5 
Acquisition of legal personality and publication in the Official Journal 

1. 
The convention and the statutes and any subsequent amendments thereto shall 
be  registered  or  published,  or  both,  according  to  the  applicable  national  law  in  the 
Member State where the EGTC concerned has its registered office. The EGTC shall 
acquire legal personality on the day of registration or publication, whichever occurs 
first. The members shall inform the Member States concerned, the Commission and 
the Committee of the Regions of the registration or publication of the convention. 

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2. 
The EGTC shall ensure that, within ten working days from the registration or 
publication  of  the  convention,  a  request  is  sent  to  the  Commission  following  the 
template set out in the Annex to this Regulation. The Commission shall then transfer 
this  request  to  the  Publications  Office  of  the  European  Union  for  publication  of  a 
notice in the C series of the Official Journal of the European Union announcing the 
establishment of the EGTC, with the details set out in the Annex to this Regulation.” 

(7) 

In Article 6, paragraph 4 is replaced by the following: 

“4.  Notwithstanding paragraphs 1, 2 and 3, where the tasks of an EGTC mentioned 
under  Article  7(3)  cover  actions  which  are  co-financed  by  the  Union,  the  relevant 
legislation concerning the control of those funds shall apply.” 

(8) 

Article 7 is amended as follows: 

(a)  Paragraphs 2 and 3 are replaced by the following: 

“2.  An EGTC shall act within the confines of the tasks given to it, which shall be 
the  facilitation  and  promotion  of  territorial  cooperation  to  strengthen  economic, 
social  and  territorial  cohesion  and  be  determined  by  its  members  on  the  basis  that 
they fall within the competence under national law of at least one member from each 
Member State represented in that EGTC. 

An EGTC may carry out specific actions of territorial cooperation between its 
3. 
members  in  pursuit  of  the  objective  referred  to  in  Article  1(2),  with  or  without  a 
financial support from the Union. 

Specifically, the tasks of an EGTC may concern the implementation of cooperation 
programmes  or  parts  thereof  or  of  operations  supported  by  the  Union  through  the 
European  Regional  Development  Fund,  the  European  Social  Fund  and/or  the 
Cohesion Fund. 

Member States may limit the actions that EGTCs may carry out without a financial 
support  from  the  Union.  However,  Member  States  shall  not  exclude  those  actions 
covered  by  the  investment  priorities  under  the  Cohesion  Policy  of  the  Union  as 
adopted for the period 2014-2020.” 

(b) 

In paragraph 4, the following sub-paragraph is added: 

“However, the assembly referred to in Article 10(1)(a) of an EGTC may define the 
terms and conditions of the use of an item of infrastructure the EGTC is managing, 
including the tariffs and fees to be paid by the users.” 

(9) 

In Article 8, paragraph 2 is replaced by the following: 

“2.  The convention shall specify: 

(a) 

the name of the EGTC and its registered office; 

(b) 

the extent of the territory in which the EGTC may execute its tasks; 

(c) 

the objective and the tasks of the EGTC; 

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(d) 

its duration and the conditions for its dissolution; 

(e) 

the list of its members; 

(f) 

(g) 

(h) 

(i) 

(j) 

(k) 

(l) 

the  specific  Union  or  national  law  applicable  to  the  interpretation  and 
enforcement of the convention; 

the arrangement for the involvement of members from third countries or 
overseas territories if appropriate; 

the  specific  Union  or  national  law  applicable  to  its  activities,  while  the 
latter  may  be  the  law  of  the  Member  State  where  statutory  organs 
exercise their powers or where the EGTC carries out its activities; 

the  rules  applicable  to  the  EGTC’s  staff  as  well  as  the  principles 
governing  the  arrangements  concerning  personnel  management  and 
recruitment procedures; 

in case of an EGTC with limited liability, the arrangements for liability 
of the members in accordance with Article 12(3); 

the  appropriate  arrangements  for  mutual  recognition,  including  for 
financial control of the management of public funds; and 

the procedures for amending the convention, including compliance with 
the obligations set out in Articles 4 and 5. 

However,  where  an  EGTC  is  only  managing  a  cooperation  programme  or  part 
thereof  under  the  Cohesion  Policy  of  the  European  Union,  or  where  an  EGTC 
concerns  interregional  cooperation  or  networks,  information  under  point  (b)  is  not 
required. 

The following rules shall apply to the EGTC’s staff as referred to in point (i),  

(a) 

those of the Member State where the EGTC has its registered office;  

(b) 

those of the Member State where the EGTC’s staff is actually located; or  

(c) 

those of the Member State of which the staff member is a national. 

To allow equal treatment of all staff working at the same location, the national laws 
and rules, whether of public or private law, may be subject to additional ad hoc rules 
fixed by the EGTC.” 

(10) 

In Article 9, paragraph 2 is replaced by the following: 

“2.  The statutes shall contain, as a minimum, the following: 

(a) 

the operating provisions of the EGTC's organs and their competences, as 
well  as  the  number  of  representatives  of  the  members  in  the  relevant 
organs; 

(b) 

the decision-making procedures of the EGTC; 

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(c) 

the working language or languages; 

(d) 

the arrangements for its functioning; 

(e) 

the  specific  arrangements  concerning  personnel  management  and 
recruitment procedures; 

(f) 

the arrangements for members' financial contributions;  

(g) 

(h) 

(i) 

(j) 

the applicable accounting and budgetary rules of each of the members of 
the EGTC with respect to it; 

the designation of the independent external auditor of the accounts of the 
EGTC; 

the  arrangements  for  the  liability  of  the  members  in  accordance  with 
Article 12(2); and 

the procedures for amending the statutes, including compliance with the 
obligations set out in Articles 4 and 5.” 

(11) 

In Article 11, paragraph 2 is replaced by the following: 

“2.  The  preparation  of  its  accounts  including  where  required  the  accompanying 
annual report and the auditing and publication of those accounts, shall be governed 
by the law of the Member State where the EGTC has its registered office.” 

(12) 

Article 12 is amended as follows: 

(a) 

In paragraph 1 the following subparagraph is added: 

“An EGTC shall be liable for all its debts."  

(b)  Paragraph 2 is replaced by the following: 

"2.  Notwithstanding  paragraph  3,  to  the  extent  that  the  assets  of  an  EGTC  are 
insufficient  to  meet  its  liabilities,  its  members  shall  be  liable  for  the  debts  of  the 
EGTC  of  whatever  nature,  each  member's  share  being  fixed  in  proportion  to  its 
financial contribution. The arrangements for financial contributions shall be fixed in 
the statutes. 

The  members  may  provide  in  the  statutes  that  they  will  be  liable,  after  they  have 
ceased  to  be  members  of  an  EGTC,  for  obligations  arising  out  of  activities  of  the 
EGTC during their membership. 

2a. 
If the liability of at least one member of an EGTC is limited or excluded as a 
result of the national law under which it is established, the other members may also 
limit their liability in the convention. 

The name of an EGTC whose members have limited liability shall include the word 
"limited". 

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The  requirement  for  the  publicity  of  the  convention,  statutes  and  accounts  of  an 
EGTC whose members have limited liability shall be at least equal to those required 
for other legal entities with limited liability of its members established under the laws 
of the Member State where that EGTC has its registered office. 

In case of an EGTC whose members have limited liability, the Member States may 
require that the EGTC shall take appropriate insurance to cover the risks specific to 
the activities of the EGTC.” 

(13) 

In Article 15(2), the first sub-paragraph is replaced by the following: 

“2.  Except where otherwise provided for in this Regulation, Union legislation on 
jurisdiction  shall  apply  to  disputes  involving  an  EGTC.  In  any  case  which  is  not 
provided  for  in  such  Union  legislation,  the  competent  courts  for  the  resolution  of 
disputes shall be the courts of the Member State where the EGTC has its registered 
office.” 

(14) 

In Article 16, paragraph 1 is replaced by the following: 

“1.  Member  States  shall  make  such  provisions  as  are  appropriate  to  ensure  the 
effective application of this Regulation. 

Where required under the terms of a Member State's national law, that Member State 
may  establish  a  comprehensive  list  of  the  tasks  which  the  members  of  an  EGTC 
established  under  its  laws  already  have,  as  far  as  territorial  cooperation  in  the 
meaning of Article 3(1) within that Member State is concerned. 

The Member State shall inform the Commission of any provisions adopted under this 
Article  and  shall  submit  these  provisions  or  amendments  thereof.  The  Commission 
will  then  inform  the  other  Member  States  and  the  Committee  of  the  Regions  by 
transmitting the provisions.” 

(15) 

Article 17 is replaced by the following: 

"By  mid-2018  the  Commission  shall  forward  to  the  European  Parliament,  the 
Council  and  the  Committee  of  the  Regions  an evaluation report  on  the  application, 
effectiveness,  efficiency,  relevance,  European  added  value  and  scope  for 
simplification of this Regulation. 

The  evaluation  reports  shall  be  based  on  indicators  the  Commission  shall  adopt  by 
delegated acts in accordance with Article 18." 

(16) 

The following Article 18 is added: 

“Article 18 
Exercise of the delegation 

The powers to adopt delegated acts are conferred on the Commission subject to 

1. 
the conditions laid down in this Article.  

The delegations of power referred to in this Regulation shall be conferred for 

2. 
an indeterminate period of time from the date of entry into force of this Regulation. 

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The delegations of power referred to in Article 17 may be revoked at any time 

3. 
by the European Parliament or by the Council. 

A decision of revocation shall put an end to the delegation of the power specified in 
that decision. It shall take effect the day following the publication of the decision in 
the Official Journal of the European Union or at a later date specified therein. It shall 
not affect the validity of any delegated acts already in force. 

As  soon  as  it  adopts  a  delegated  act,  the  Commission  shall  notify  it 

4. 
simultaneously to the European Parliament and to the Council. 

5. 
The  delegated  acts  shall  enter  into  force  only  if  no  objection  has  been 
expressed  either  by  the  European  Parliament  or  the  Council  within  a  period  of  2 
months of notification of that act to the European Parliament and the Council or if, 
before the expiry of that period, the European Parliament and the Council have both 
informed the Commission that they will not object. That period shall be extended by 
2 months at the initiative of the European Parliament or the Council.  

If,  on  expiry  of  that  period,  neither  the  European  Parliament  nor  the  Council  has 
objected  to  the  delegated  act,  it  shall  be  published  in  the  Official  Journal  of  the 
European Union and shall enter into force at the date stated therein. 

The  delegated  act  may  be  published  in  the  Official  Journal  of  the  European  Union 
and enter into force before the expiry of that period if the European Parliament and 
the  Council  have  both  informed  the  Commission  of  their  intention  not  to  raise 
objections. 

If the European Parliament or the Council objects to a delegated act, the act shall not 
enter into force. The institution that objects to the delegated act shall state the reasons 
for its objections." 

Article 2 
Transitional provision 

1. 

2. 

3. 

4. 

EGTCs established before the entry into force of this Regulation are not obliged to 
align their convention and statutes with the provisions of this Regulation as amended. 

EGTCs for which a procedure under Article 4 has been started before the date of the 
application of this Regulation and for which only the registration and/or publication 
under Article 5 is outstanding, shall be registered and/or published according to the 
provisions of Regulation (EC) No 1082/2006 before its amendment. 

EGTCs  for  which  a  procedure  under  Article  4  was  started  more  than  six  months 
before the date of the application of this Regulation shall be approved according to 
the provisions of Regulation (EC) No 1082/2006 before its amendment. 

Other  EGTCs  than  those  under  paragraphs  2  and  3  for  which  a  procedure  under 
Article  4  was  started  before  the  date  of  the  application  of  this  Regulation  shall  be 
approved according to the provisions of Regulation (EC) No 1082/2006 as amended 
by this Regulation. 

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Article 3 
Entry into force 

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

It shall apply from [Please Publications Office fill in with the date of six months from the date 
of the entry into force]. 

Member States shall submit the necessary amendments to the national provisions adopted in 
accordance  with  Article  16(1)  of  Regulation  (EC)  No  1082/2006  no  later  than  […]  [Please 
Publications Office fill in with the date of six months from the date of the entry into force.]. 

Article 4 

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 

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ANNEX 

Template of the information to be submitted under Article 5(2) 

ESTABLISHMENT OF A EUROPEAN GROUPING OF 
TERRITORIAL COOPERATION (EGTC) 

Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 

(OJ L 210, 31.7.2006, p. 219) 

The name of an EGTC whose members have limited liability shall include the word ‘limited’ (Article 12(2)) 

The asterisk* denotes mandatory fields. 

I.1) NAME, ADDRESS AND CONTACT POINT(S) 

Registered name*:  

Registered office*: 

Town*: 

Contact 

For the attention of:  

E-mail: 

Internet address(es) (if applicable) 

Postal code:  

Country*: 

point(s):

Telephone: 

Fax: 

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I.2) DURATION OF THE GROUPING*: 

Duration of the Grouping:  

 indefinite period 
 until: (cid:31)

/(cid:31)
Date of registration/publication : (cid:31)

/(cid:31)

 (dd/mm/yyyy)  

/(cid:31)

/(cid:31)

 (dd/mm/yyyy)  

II. OBJECTIVES* 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

NUTS code (cid:31)

NUTS code (cid:31)

 NUTS code (cid:31)

 NUTS code (cid:31)

III. ADDITIONAL DETAILS ON NAME OF THE GROUPING (if applicable) 

Name in (please, indicate an appropriate country version) 

BE 

BG  CZ  DK  DE  EE 

IE  EL  ES  FR 

IT  CY  LV  LT 

LU 

HU  MT  NL  AT  PL  PT  RO  SI  SK  FI 

SE 

UK 

Other: _____ 

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(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
 
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
 
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
(cid:31)
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
  
Full name (if applicable):__________________________________________________________________ 
Abbreviated name (if applicable):___________________________________________________________ 

----------------------------------------- Section III is to be used as many times as needed---------------------------------- 

IV. MEMBERS*  

IV. 1) Total number of members in the Grouping*: 

IV.2) Member information* 

Official name*: 

Postal address:  

Town: 

Contact 

For the attention of:  

E-mail: 

Internet address(es) (if applicable) 

Postal code:  

Country*: 

point(s):

Telephone: 

Fax: 

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Type of member*: 

 Member State 

 National authority 

 Regional authority 

 Local authority 

 Body governed by public law 

 Public undertaking 

Association of: 

•  Member State(s) 

Total:* 

• 

• 

• 

• 

• 

National authority(ies) Total:* 

Regional authority(s)  Total:* 

Local authority(s) 

Total:* 

Body(s) governed by public law 

Total:* 

Public undertaking(s)  Total:* 

 Third country or overseas territory 

--------------------------------------- Section IV.2 is to be used as many times as needed------------------------------- 

V. Additional information (if applicable) 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

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________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

________________________________________________________________________________________ 

VI. DATE OF DISPATCH OF THIS NOTICE: 

/

/

 (DD/MM/YYYY) 

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