1. Regional Policy EUROPEAN COMMISSION 1 EGTC regulation EGTC regulation ESF and EGTC regulations Regulation of the European Parliament and of the Council establishing a European Grouping of Territorial Co-operation (EGTC) Dirk Peters DG Regional Policy B.3 dirk.peters@ec.europa.eu

2. Regional Policy EUROPEAN COMMISSION 2 EGTC – what is it? Creation of e new legal instrument on EU level with legal personality binding Regulation, not a Directive Existing legal framework not existing not sufficient not efficient Art. 159(3) of the Treaty : cohesion actions OUTSIDE the scope of Structural Funds

3. Regional Policy EUROPEAN COMMISSION 3 EGTC – new optional instrument Art. 18 : Entered into force on 1/8/2006 and applies from 1/8/2007 at the latest Member States free to delegate management of an ETC programme to an EGTC Regional/local partners free to run ETC projects as an EGTC other existing instruments remain possible if EGTC is chosen, WHOLE Regulation applies

4. Regional Policy EUROPEAN COMMISSION 4 EGTC – How to set up an EGTC? (1) Who can be a member? Art. 3 a)Member States (especially those without regions) b)regional authorities c)local authorities d)bodies governed by public law Art. 1(9), 2nd sub§ of Dir 2004/18/EC +associations consisting of such bodies at least two Member States (third countries?)

5. Regional Policy EUROPEAN COMMISSION 5 EGTC – How to set up an EGTC? (2) Draft Convention and Statutes Art. 4(1)(2) Agreement of Member States Art. 4(3) scope of ex-ante control 3 months + explain reasons procedure according to national rules Members agree unanimously final convention and statutes according to MS approval Art. 4(5)

6. Regional Policy EUROPEAN COMMISSION 6 EGTC – How to set up an EGTC? (3) Statutes shall be registered/published in MS of "registered office" Art. 5 (1) Legal personality from day of national registration/publication Art. 5(1) « registered office » determines applicable law Art. 2(1)(c) "Most extensive legal capacity" Art. 1(4) property, employ staff, legal proceedings Members inform Member States concerned + Committee of Regions Art. 5(1) Within 10 days send request to publish notice in OJ with key information Art. 5(2)

7. Regional Policy EUROPEAN COMMISSION 7 EGTC – How to set up an EGTC? (4) Content of convention Art. 8 basic elements : name, registered office, territory, list of members, objective and tasks, duration and dissolution Content of statutes Art. 9 ALL provisions of convention and operating provisions : organs, decision-making procedures, working language(s), recruitment and personnel contracts, financial contributions and other financial issues, member's liability

8. Regional Policy EUROPEAN COMMISSION 8 EGTC exists and acts (1) What can EGTC do? Carry out TASKS given by its members Art.7(1) Act within confines of tasks given Art. 7(2) limited to co-operation in cohesion field Art. 7(3) ONE member may be empowered to execute the EGTC's tasks Art. 7(5) What can EGTC NOT do? Exercise of powers conferred by public law to safeguard general interest of State Art. 7(4): Police, Regulatory powers, Justice, Foreign policy

9. Regional Policy EUROPEAN COMMISSION 9 EGTC exists and acts (2) What can EGTC do? 1.Primarily implement co-operation programmes (EGTC signs grant letters as managing authority) (EGTC could be intermediate body for interregional priority axis) 2.co-operation projects (ERDF, ESF, CF) (EGTC is the lead or another beneficiary) 3."Other" co-operation actions with EU funding 4."Other" co-operation actions without EU funding Ad 4.: Actions outside EU funding can be restricted by Member States to Art.6 ERDF-like actions Art. 7(3)

10. Regional Policy EUROPEAN COMMISSION 10 EGTC exists and acts (3) How can EGTC act? By its organs Art. 10(1) a)Assembly ( Monitoring/Steering Committee) b)Director c)additional organs in the statutes Liability of organs Art. 10(2) towards third parties, even outside tasks

11. Regional Policy EUROPEAN COMMISSION 11 EGTC manages public funds and is liable 1.Assembly approves annual budget of the EGTC, covering running costs and "operational component" Art.11(1) 2.EU funds managed and controlled according to relevant EU law Art. 6(4) 3.National funds controlled in a similar way than EU funds Art. 6(1) – (3) and (5) Liability of EGTC as such -> Art. 12(2) Residual liability of members -> Art. 12(2)

12. Regional Policy EUROPEAN COMMISSION 12 EGTC – Other provisions Liquidation, insolvency, cessation of payments Art. 12(1) Member State can prohibit certain acts, oblige its members to withdraw from EGTC or wind up EGTCs Art. 13 and 14 Jurisdictions Art. 15 Obligations of Member States apply already Art. 18 Member States shall make national implementation rules and inform Commission about them Art. 16(1) Member States may request payments of registration fees Art. 16(2) By 1/8/2011Commission will present a report on the application with proposals for amendments Art.17