Intermunicipal cooperation in Flanders CEMR, Brussels, Christof Delatter Association of Flemish Cities and Municipalities (Vereniging van Vlaamse Steden en Gemeenten – VVSG) Tel

This Presentation History of IMC in Flanders Actual legislation in Flanders Will Europe make IMC impossible?

History of IMC in Flanders (1)

History of IMC in Flanders (2) Today: intermunicipal cooperation in all kinds of policy fields: –Legal assistance –Waste management –Waste water management –Operating of crematories –Utilities (electricity, gas, water) –Media of communication (internet, television) –ICT –Regional economical development –Sport and recreation –Social welfare

History of IMC in Flanders (3) Belgian constitution: municipalities can cooperate for all matters of municipal interest First law on IMC: 1922 ! Municipalities often started IMC because of: –Risk-bearing ventures –Lack of know-how or means –Search for more efficiency –Dissatisfaction of services provided within contracts (concessions)

History of IMC in Flanders (4) Last ‘Belgian’ law: 1986 IMC existed both with and without participation of private companies (< 50%) 1993: regions became the competent authority on most matters concerning municipalities and intermunicipal cooperation

History of IMC in Flanders (5) : preparations for new legislation on intermunicipal cooperation in Flanders –Discussion about private sector participation –Transparancy of IMC –Need for more flexible structures for cooperation July 2001: completely new Flemish decree on IMC provides 4 different forms of intermunicipal cooperation going from very low to very intensive

Actual legislation in Flanders (1) Interlocal Association Project AssociationService Providing Association Association with a Clear Assignment Cooperation-contract; no corporate capacity Corporation with by-laws Cooperation on concrete project Cooperation on very concrete intermunicipal plan or project Provides several, well defined services to municipalities Implementation of clearly defined competences in functionally related policies No transfer of competences Transfer of competences to association Duration to be fixed in contract Renew. periods of 6 yearRenew. periods of max. 18 year Only a Management Board General Meeting (twice a year), Board of Directors Management Board General Meeting (twice a year), Board of Directors Management Board Private companies can “participate” Private companies cannot participate !

Actual legislation in Flanders (2) Some interesting aspects: –Municipalities decide wether they participate, but are committed after decision to associate –Transfer of competences = municipalities lose the right to act solely or in cooperation with other companies –Board of Directors contains representatives from political majority and opposition (observer) –Important decisions require an agreement of the municipalities (city council) –Still possibilities for partnerships with private companies, but on intermunicipal level Structural Public Private Partnerships (PPP) PPP based on contracts –Specific legislation for cooperation between Local Centers for Public Welfare in not-for-profit organisations

Will Europe make IMC impossible? Services of General Interest Directive on services on the internal market Discussion on “in-house” activities Infringement-procedure against Belgium –DG Economy: “IMC ≠ in-house” “Agreement for intermunicipal cooperation should be subject to a tender”

The future…. Subsidiarity ? Does Europe really believe in the importance of local government? IMC has often prooved to be the benchmark for quality and costs for certain services also provided by private companies –Does Europe fear for a larger number of ‘players’ on the market….?