25 Amendments of Bronis ROPĖ related to 2018/0198(COD)
Amendment 30 #
Proposal for a regulation
Recital 4
Recital 4
(4) The Border Regions Communication has also given evidence of the fact that there still exist a number of legal barriers in border regions, especially those related to health services, labour regulation, environment, taxes, business development, and barriers linked to differences in administrative cultures and national legal frameworks. Neither European Territorial Cooperation funding nor the institutional support to cooperation by the European groupings of territorial cooperation (EGTCs) is sufficient alone to address the resolution of those barriers which constitute real obstacles to effective cooperation.
Amendment 41 #
Proposal for a regulation
Recital 12
Recital 12
(12) Legal obstacles are predominantly felt by persons interacting on land borders, because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land border regions in two or more Member States at NUTS level 3 regions26 . This should not prevent Member States from applying the Mechanism also to maritime and external borders others than those with EFTA countries, on a voluntary basis regarding all parties concerned. _________________ 26 Regulation (EC) No 1059/2003 of the European Parliament and of the Council of 26 May 2003 on the establishment of a common classification of territorial units for statistics (NUTS) (OJ L 154, 21.6.2003, p. 1).
Amendment 44 #
Proposal for a regulation
Recital 13
Recital 13
(13) In order to coordinate the tasks of different authorities which in some Member States will include national and, regional and local legislative bodies, within a given Member States and between those of one or more neighbouring Member States, each Member State which opts for the Mechanism should be obliged to set up a national and, where applicable, regional or local Cross-border Coordination Points and define their tasks and competencies during the different steps of the Mechanism covering initiation, conclusion, implementation and monitoring of Commitments and Statements.
Amendment 45 #
Proposal for a regulation
Recital 14
Recital 14
(14) The Commission should set up a coordination point at Union level, as announced in the Border Regions Communication. That coordination point should liaise with the different national and, where relevant, regional or local Cross-border Coordination Points. The Commission should set up and maintain a database on Commitments and Statements in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council27 . _________________ 27 Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
Amendment 47 #
Proposal for a regulation
Recital 16
Recital 16
(16) More specifically, this Regulation should define who can be an initiator of a joint project. As the Mechanism should improve the implementation of joint cross- border projects, the first group should be bodies or organisations initiating or both initiating and implementing such joint project. The term project should be understood in a broad sense, covering both a specific item of infrastructure or a number of activities with regard to a certain territory or both. Secondly, a local or regional authority located in a given cross-border region or exercising public power in that cross- border region should be empowered to take the initiative to apply national law which constitutes an obstacle, but the amendment of or derogation from that law is outside their institutional competence. Thirdly, bodies set up for cross-border cooperation located in or covering at least partially a given cross- border region, including EGTCs, or similar bodies to organise cross-border development in a structured way should be initiator. Finally, bodies specialised in cross-border cooperation which may also be aware of effective resolutions found elsewhere in the Union for a comparable issue should also be enabled to start an initiative. In order to create synergy of bodies directly affected by the obstacle and those expert in cross- border cooperation in general, all groups may initiate the Mechanism jointly.
Amendment 54 #
Proposal for a regulation
Recital 26
Recital 26
(26) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data (Article 8), the right to education (Article 14), the freedom to choose an occupation and the right to engage in work (Article 15), in particular the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, the freedom to conduct business (Article 16), access to social security and social assistance (Article 34), access to health care (Article 35) and, access to services of general economic interest (Article 36). and a high level of environmental protection in accordance with the principle of sustainable development (Article 37).
Amendment 56 #
Proposal for a regulation
Recital 28
Recital 28
(28) In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation is voluntary. Where a Member State decides, on a specific border or for a specific joint project with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, on a specific border or for a specific joint project with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again, the Mechanism set up under this Regulation does not need to be selected. This Regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross- border regions, for which Member States have no efficient mechanisms to resolve legal obstacles in place,
Amendment 60 #
Proposal for a regulation
Article 1 – paragraph 1
Article 1 – paragraph 1
1. This Regulation sets up a voluntary mechanism to allow for the application in one Member State, with regard to a cross- border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint Project ('the Mechanism').
Amendment 69 #
Proposal for a regulation
Article 3 – paragraph 1 – point 5
Article 3 – paragraph 1 – point 5
(5) 'initiator' means the actor, whether governmental or non-governmental, who identifies the legal obstacle and triggers the Mechanism by submitting an initiative document;
Amendment 73 #
Proposal for a regulation
Article 4 – paragraph 2
Article 4 – paragraph 2
2. A Member State may also decide, with regard to a specific border or to a specific joint project with one or more neighbouring Member States, to join an existing effective way set up formally or informally by one or more neighbouring Member States.
Amendment 76 #
Proposal for a regulation
Article 4 – paragraph 3
Article 4 – paragraph 3
3. Member States may also use the Mechanism in cross-border regions on maritime borders or in cross-border regions between one or more Member States and one or more third countries or one or more overseas countries and territories on a voluntary basis regarding all parties concerned.
Amendment 78 #
Proposal for a regulation
Article 5 – paragraph 1 – point a
Article 5 – paragraph 1 – point a
(a) designate, at national or, regional or local level or at bothall levels, a Cross-border Coordination Point as a separate body;
Amendment 79 #
Proposal for a regulation
Article 5 – paragraph 1 – point b
Article 5 – paragraph 1 – point b
(b) set up a Cross-border Coordination Point within an existing authority or body, at national or, regional or local level;
Amendment 80 #
Proposal for a regulation
Article 5 – paragraph 1 – point c
Article 5 – paragraph 1 – point c
(c) entrust an appropriate authority or body with the additional tasks as national or, regional or local Cross-border Coordination Point.
Amendment 83 #
Proposal for a regulation
Article 6 – paragraph 1 – point d
Article 6 – paragraph 1 – point d
(d) liaise, where they exist, with the Cross-border Coordination Points in the neighbouring Member State or States and with the Cross-border Coordination Points in other territorial entities, local or regional authorities with legislative powers of its own Member State or another Member State;
Amendment 84 #
Proposal for a regulation
Article 6 – paragraph 2 – introductory part
Article 6 – paragraph 2 – introductory part
2. Each Member State or each territorial entity, local or regional authority with legislative powers in that Member State may decide to entrust the respective Cross-border Coordination Point also with the following tasks:
Amendment 85 #
Proposal for a regulation
Article 6 – paragraph 3
Article 6 – paragraph 3
3. Where at least one among several legal obstacles concerns an issue of legislative competence at national level, the national Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate with the relevant regional or local Cross-border Coordination Point or Points in the same Member State, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a competent committing authority at national level.
Amendment 86 #
Proposal for a regulation
Article 6 – paragraph 4
Article 6 – paragraph 4
4. Where none of the legal obstacles concerns an issue of legislative competence at national level, the competent regional or local Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate, with the other regional or local Cross-border Coordination Point or Points in the same Member States, in the cases where more than one territorial entity is concerned by the joint project, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a national Cross-border Coordination Point. That competent regional or local Cross-border Coordination Point shall properly keep the national Cross-border Coordination Point informed about any Commitment or Statement procedure.
Amendment 88 #
Proposal for a regulation
Article 7 – paragraph 1 – point b
Article 7 – paragraph 1 – point b
(b) publish and keep an up-dated list of all national and, regional and local Cross- border Coordination Points;
Amendment 92 #
Proposal for a regulation
Article 8 – paragraph 2 – point a a (new)
Article 8 – paragraph 2 – point a a (new)
(aa) civil society organisation responsible for initiating or both initiating and implementing a joint project
Amendment 93 #
Proposal for a regulation
Article 8 – paragraph 2 – point d
Article 8 – paragraph 2 – point d
(d) an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; Local Action Groups; or
Amendment 98 #
Proposal for a regulation
Article 10 – paragraph 1
Article 10 – paragraph 1
1. The competent Cross-border Coordination Point shall analyse the initiative document. It shall liaise with all competent committing authorities and with the national or, where relevant, other regional or local Cross-border Coordination Points in the committing Member State and with the national Cross- border Coordination Point in the transferring Member State.
Amendment 111 #
Proposal for a regulation
Article 17 – paragraph 1 – point a
Article 17 – paragraph 1 – point a
(a) in the case of point (a) of paragraph 2, finalise the Commitment or the Statement, sign twohree original copies and send one back to the competent Cross- border Coordination Point of the transferring Member State for signature;
Amendment 112 #
Proposal for a regulation
Article 17 – paragraph 1 – point b
Article 17 – paragraph 1 – point b
(b) in the case of point (b) of paragraph 2, amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign twohree original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;
Amendment 113 #
Proposal for a regulation
Article 18 – paragraph 2
Article 18 – paragraph 2
2. A copy of the timetable shall be sent to the national and, where relevant, regional or local Cross-border Coordination Point of the committing Member State.