welcome to the committee of the regions european union the set up of an egtc interact pilot activity...
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Welcome to the
Committee of the Regions
European Union
The set up of an EGTC
INTERACT pilot activity on Cooperation in Objectives 1 and 2Second eventBergen, Norway, 14 June 2011
Afonso Alcolea Committee of the Regions of the EU
Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity.
Declaration of the French Minister of Foreign Affairs, Mr Robert Schuman, 9 May 1950
Introduction:
Europe without borders?
Former checkpoint dismantledbetween Frankfurt am Oder and Słubice © A. Alcolea, 2008
Introduction:
Europe without borders?
Situation of the borderbetween Italy and Slovenia in Gorizia, till 2004
Introduction:
Europe without borders?
GDP per head poorest region: +/- 6.200 €
GDP per head richest region: +/- 68.000 €
Introduction:
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Globalisation and European integration:
Global challenges: Economic globalisation, demographic change, migration flows, climate change, energy.
European integration: EU enlargement, Single Market EMU and EURO area, enlargement of the Schengen area, Lisbon Treaty.
Localisation: Single territories are directly faced with challenges and have access to opportunities of a larger magnitude and which requires pooling of resources.
The case for territorial co-operation
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Multi-level governance and subsidiarity:
National policies have less of an influence on economic and regional development.
More responsibilities for Regional and Local Authorities in the European Union policies.
Institutional changes in the Member States: devolution, decentralisation and reform of federalism.
The case for territorial co-operation
13
The public expenditure goes sub-national:
The LRA are the source of 60% of public investment in the EU
Their responsibilities are increasing for sustainable development and services to be provided to the citizens
The case for territorial co-operation
14
In order to deliver effective policy, we need to:
Address optimal functional areas of intervention, which cross the traditional administrative boundaries and national frontiers;
Group authorities from different institutional level and nationality, responding to variable composition of needs and blend of competencies;
Therefore, to foster territorial cooperation across and beyond the European Union.
The case for territorial co-operation
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1989 2000 2007 …
Interreg ICBC
Interreg III- CBC- Transn- Interr.
+ URBACT+ INTERACT+ ESPON
New Objective:European TerritorialCooperation
+ENPI / IPA
Territorial co-operation in the EU
€ 282 855 - 81.5% € 54 946 - 16% 2.5%
European Cohesion Policy
2007-2013
€ 347 billion
Territorial co-operation in the EU
Territorial cooperation objective - € 8.8 billion
Cross-border cooperation – for solving local problems, including strategic projects (ENPI and IPA for external borders)
Transnational cooperation - concrete, strategic projects important
for the whole programme area
Interregional cooperation - exchange of experiences and best practices to improve regional policy design and implementation
Some 90 programmes expected in total:
50 CBC, 15 ENPI CBC, 12 IPA CBC 13 Transnational 1 Interregional programme
And supportive programmes INTERACT, ESPON, URBACT
Territorial co-operation in the EU
External borders and ENP
Cross-border co-operation and Neighborhood Policy
Territorial co-operation in the EU
Permanent structures promoted by the Council of Europe Madrid Outline Convention, 1980
Specialised or ad hoc structures, based on bilateral treaties or specific instruments Euroregions, working communities, consortia…
GEC – Euroregional Cooperation Grouping
Permanent structures of the European Union:
Regulation (EEC) 2137/1985 EEIG – European Economic Interest Grouping
Regulation (EC) 1082/2006 EGTC – European Grouping of Territorial Cooperation
Legal frameworks for territorial cooperation in Europe
The Euroregions and its modalities
Association of local and regional authorities on either side of the national border, sometimes with a parliamentary assembly;
Transfrontier association with a permanent secretariat and a technical and administrative team with own resources;
Of private law nature, based on non-profit associations or foundations on both sides of the border according to the respective national law;
Of public law nature, based on inter-state agreements, dealing among other things, with the participation of territorial authorities.
Legal frameworks for territorial cooperation in Europe
Euroregional Cooperation Grouping (ECG)
Instrument of the Council of Europe International Law
Created by the 3rd additional Protocol (Utrecht, 13 November 2009), to the Outline Convention on transfrontier cooperation between territorial communities or authorities (Madrid, 1980)
Signatory states: Belgium, France, Germany, Lithuania, Montenegro, the Netherlands and Slovenia
Some differences with the EGTC
Legal frameworks for territorial cooperation in Europe
EGTC – European Grouping of Territorial Cooperation
Created by Regulation (EC) 1082/2006
Public entities from different Member States can get together under an entity with European legal personality.
The EGTC has its own organisation, budget and staff.
It may implement programmes and projects of territorial cooperation, with or without EU funding.
Currently there are 19 EGTC, grouping more than 350 regional and local authorities covering a population of more than 20 Mo inhabitants in 12 Member States.
What is an EGTC?
Missions of an EGTC
Art. 1 (2) “To facilitate and promote cross-border, transnational and/or interregional cooperation between its members with the aim of strengthening economic and social cohesion”.
Functional principle. What is economic, social [and territorial] cohesion?
Art 7 (3) Tasks of the EGTC: Implement ETC programmes co-financed by ERDF, ESF
or Cohesion Fund Implement ETC projects co-financed by ERDF, ESF and
Cohesion Fund Other specific cooperation actions with EU funding Other cooperation actions without EU funding
What for?
Regulation (EC) 1082/2006 of the EP and the Council, of 5 July 2006
Entered into force the 1 August 2006
A MS is free to delegate management of a territorial cooperation programme to an EGTC
Regional/local partners free to run cooperation projects as an EGTC
Potential to develop EGTC as political tool for regional development
The EGTC Regulation 1082/2006 (EC)
Sources available in www.cor.europa.eu/egtc Go to ‘EGTC Platform’ and find them in ‘Publications’
How to set up an EGTC
Preliminary questions
EGTC for programme management Programmes already started
EGTC for project management Principle of lead partner
No private bodies (yet)
Eligibility of the EGTC: For ETC projects For other projects
No specific funding for EGTCs
How to set up an EGTC
Preparation phase
Analysis of the situation
Definition of the mission and the vision
Goal Territorial cohesion FUNCTIONAL PRINCIPLE
Definition of functions multi- or single-
Define the skills Blend of competences
Define the members
Explore national frameworks
Define the timing
How to set up an EGTC
Preparation phase
Who can be partner of an EGTC?
Five categories of prospective partners:(Regulation)
1. Member States2. Regional authorities3. Local authorities4. Bodies governed by public law within the meaning of
Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts
5. Associations consisting of bodies belonging to one or more of these categories
How to set up an EGTC
Preparation phase
Who can be partner of an EGTC?
Participation of entities from third countries in an EGTC may be possible under certain conditions:
The third country adopts national legislation to create an instrument similar or close to the EGTC.
The third country may alternatively sign agreements with EU Member States in order to enable their authorities to participate in EGTCs
Participation of entities from third countries in an EGTC is also subject to the national provisions of the concerned Member States, whether these allow or not such participation.
How to set up an EGTC
Preparation phase
Limits to the actions of the EGTC:
Exercise of powers conferred by public law to safeguard general interest of State
Police Regulatory powers Justice Foreign policy
Actions outside EU funding can be restricted further by MS
How to set up an EGTC
Decision phase
Decide about the implementation of the EGTC Examine alternatives
Legal feasibility
How to set up an EGTC
Implementation phase
Location of the registered office
Drafting of the convention
Drafting of the statutes
Notification to the MS
Publication in the national journal and in the OJEU.
Notification to the CoR
Launching of the EGTC
How to set up an EGTC
Implementation phase
The seat determines the applicable Law:
Legal regime (private/public Law) Type of tasks that can be carried out Liability of (limited/unlimited) Participation of partners from 3rd countries Notification and procedure Financial control Specific requirements Etc.
How to set up an EGTC
Implementation phase
Some questions to bear in mind:
Ex-ante agreement of MS• MS must respond within 3 months (if reject, has to explain
reasons)• Procedure according to national rules
After MS approval EGTC partners agree unanimously final Convention and Statutes
Statutes shall be registered/published in the MS of registered office
EGTC has legal personality from day of national registration “Registered office” determines applicable law
How to set up an EGTC
Implementation phase
Content of the Convention:
Basic elements (name, registered office, territory, list of partners, objective and tasks, duration and dissolution)
Content of the Statutes:
All provisions of convention Operational provisions (organs, decision-making procedures,
languages, financial contributions etc.)
How to set up an EGTC
Performance of the EGTC
Financial management Budget Contributions Control
Liquidation
Liability
Evaluation
How to set up an EGTC
Modification or dissolution of the EGTC
Changes in the membership Integration of new members Resignation or exclusion of members
Modification of the statutes
Dissolution EGTC for determined duration Special case of ETC
programmes Undetermined duration
How to set up an EGTC
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Engagement of the CoR
Legal basis:
Treaties (art. 306 TFEU)
Consultative remit in cross-border cooperation Regulation (EC) 1082/2006, Art. 5
The new EGTCs must notify the CoR
Political action:
The EGTC is strategic for the CoR Inter-institutional cooperation Political proactiveness
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Engagement of the CoR
Political support: 4 opinions on EGTC in 2002, 2004, 2008 and 2011
Shared experience: Expert Group, EGTC Platform
Information and debate: Consultation in 2010 Workshops and stands during the Open Days 3 studies and annual report from 2011 on.
Registry of EGTC: Art 5 of the Regulation (EC) 1082/2006
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Own-initiative opinion, adoption the 27/01/2011
Rapporteur: Mr Alberto Núñez Feijóo, (ES/EPP) President of Galicia.
• Contituity with the opinion of Ms Bresso (IT/PES) in 2008
• New scenario: Treaty of Lisbon and new financial perspectives
• Importance of the EGTC• For programmes and projects of ETC• For Europe 2020• For Multi-level governance
• Defence of the EGTC as “preferential instrument for cooperation”.
CoR opinion on EGTC
Contents: Substantial measures: Legal status; harmonisation of national
regimes; staff; participation of private entities; clarifications.
Procedural measures: Reduction of the delays, hearing the promoters of the EGTC; common act for autorisation; publication in section C of the OJEU.
Financial measures: Consider the EGTC automatically as transnational partnership; suppress obsolete methodes of management; autonomous pole of cooperation.
Participation of entities from Third countries on the basis of Title V of the Treaty; allow 1+1 bilateral EGTCs.
CoR opinion on EGTC
Its it integrated by all the EGTCs existing, the EGTCs in constitution, experts and different organisations of support (including INTERACT).
Open to other cross-border structures.
Launched the 28 January 2011 in Brussels Online forum www.cor.europa.eu/egtc Contact: [email protected]
The EGTC Platform
Mission of the Platform Legislative monitoring What’s going on? Peer exchange of experiences, advice and practices
How do we do it? Dissemination and visibility of the EGTC
What can we do? Explore the opportunities and challenges of the EGTC
How to do it better? Contribute to the consultative works of the CoR providing
factual input about cross-border aspects of the EU legislation and policies
What happens at cross-border level?
The EGTC Platform
27 January Lille28 January BrusselsMore than 200 participants
The EGTC Platform – Launching conference
Thank you!
Committee of the RegionsDirection of horizontal policies and networks
Alfonso Alcolea MartínezAdministrator EGTC & territorial cooperation
URL: www.cor.europa.eu/egtcE-mail: [email protected]: @EGTCPlatform FB group: EGTC