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Euro Contrôle Route EGTC vs. AISBL Steering Committee Oostende, 20-21/06/2012

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Presentation on theme: "Euro Contrôle Route EGTC vs. AISBL Steering Committee Oostende, 20-21/06/2012"— Presentation transcript:

1 Euro Contrôle Route EGTC vs. AISBL Steering Committee Oostende, 20-21/06/2012

2 Euro Contrôle Route 1. Short description of AISBL Specifications Prerequisites and steps of setting up 2. Description EGTC Specifications Prerequisites and steps of setting up 3. Comparison 4. Questions

3 Euro Contrôle Route Association Internationale Sans But Lucratif  International Non-Profit Organisation  Act of 27 June 1921, amended by the Act of 2 May 2002

4 Euro Contrôle Route  Specifications ◦ Association of physical persons and legal entities ◦ International utility ◦ Non-profit for its members ◦ Legal capacity given by a Royal Degree ◦ Belgian regulation, entity under private law ◦ Very flexible ◦ Non-liability between the association and its members

5 Euro Contrôle Route  Comparison ◦ CORTE  Public and private entities  Funding by contributions and EU-projects ◦ CIECA (International Commission for Drivers Testing)  Primarily public entities  Funding by contributions and EU-projects ◦ European Safety Transport Council (ETSC)

6 Euro Contrôle Route  Prerequisites and next steps: ◦ Basis of the constitution : the administrative arrangement + few modifications to bring the AA into line with the regulation ◦ If accord  Notary  Notary: inspection of the conformity of the Statutes with the Act of 27/06/1921; and continuation of the procedure (deposite at the Clerck’s Office, Publication in Official Journal, request of the legal capacity )  Day of signature: possibility for the Association to act on its behalf

7 Euro Contrôle Route Groupement Européen de Coopération Territoriale European Grouping of Territorial Cooperation Regulation (EC) No 1082/2006

8 Euro Contrôle Route  Scope of the regulation: ◦ Territorial, interregional and cross-border cooperation ◦ Strenghtening economic and social cohesion ◦ Limit : cannot replace the prerogatives of the MS

9 Euro Contrôle Route  Use : primarily a tool for the management of EU Structural Funds  But also: ◦ Implementation of a Territorial Cooperation programme ◦ Partner in an Territorial Cooperation project with ◦ Other cooperation actions with EU-funding without ◦ Other cooperation actions without EU-funding  /!\ actions outside EU-funding can be restricted by MS

10 Euro Contrôle Route  Legal personality ◦ Due to the Regulation ◦ The day of the registration and/or publication ◦ Under public law  Ability of: ◦ Acquisition of properties ◦ Hire personnel ◦ Take part in a contract ◦ Be party to legal proceedings

11 Euro Contrôle Route  Scope of action and limits : ◦ To act within the confines of the tasks given in the Convention ◦ No “sovereign competency” of the MS ◦ Action outside EU-founding can be restricted by MS  But MS cannot touch at those aspects : “the ERDF may contribute to promoting legal and administrative cooperation, the integration of cross-border labour markets, local employment initiatives, gender equality and equal opportunities, training and social inclusion” (art. 6, Regulation (EC) 1080/2006)

12 Euro Contrôle Route  Managing an EGTC  At least: a General Assembly, and one Director → significant flexibility for the rest of the pragmatic organisation  Budget : adopted by the assembly  Management of public funds : control by the MS where the EGTC is registered  Liquidation, dissolution, current law : the one where the EGTC is registered  Change if the statutes : notification and accord of all the MS

13 Euro Contrôle Route  Liability: ◦ The EGTC is liable for its debts ◦ If the EGTC is not able to reimbourse saib debts, the EGTC are then held liable → a MS shall limit the amout of its liability →Another MS shall then limit its own liability in reaction →A MS shall refuse to take part of an EGTC in which one a MS has limited its own liability

14 Euro Contrôle Route  Steps of setting up: 1.Preparation : a)Prospection  State of registration: Restrictions ? Obligations ? Benefits? Disadvantages? b)Proposition of a Convention and statutes : Administrative arrangement and Internal regulation  Few adaptations required to bring the texts in line with the Regulation 1082/2006

15 Euro Contrôle Route  Steps of setting up: 2.Notification to Members States – request autorisation of participation  Special procedure in each MS  In Belgium : ask to the Ministry of Foreign Affairs, Negociation with other MS, then approbation my the Council of Ministers

16 Euro Contrôle Route  Steps of setting up: 3.Setting-up of the EGTC and its organs  Process of notifications done, authorisations given  Convention signed, statutes adopted  Regsitration in the MS, publication in the Official Journal of the MS  From this date: recognition of the legal capacity, the EGTC can begin to act on its behalf  Publication in the Official Journal of the EU within 10 days

17 Euro Contrôle Route  Costs: ◦ No special financial costs, except the publication costs in the final step ( €) ◦ But : prospective studies, and secretariat costs for the centralisation and coordination of informations   Important human costs and personnal investment

18 Euro Contrôle Route AISBLEGTC Legal capacityyes Under … lawprivatepublic Legal basisBelgian lawEuropean law Liability of membersnoyes Main cost≈600 – 1000€human Indicative duration of setting-up 1-2 years2,5 y at least* Modification of statutesUp to the AG Notification and accord each MS * : GECT EUKN, 6 pays membres, début 2009, toujours pas créé

19 Euro Contrôle Route  Goal : final choice during the Steering Committee of November  For that: ◦ Consultation in each MS ◦ If needed, obtain a mandate to make that choice  In the meantime: ◦ Dissemination of support documents


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