10 Amendments of László SURJÁN related to 2011/0272(COD)
Amendment 29 #
Proposal for a regulation – amending act
Recital 5
Recital 5
(5) Experience with EGTCs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other European policies. The efficiency and effectiveness of EGTCs should be enhanced by broadening the nature of EGTCs, to find possibilities for such types of cooperation beyond Cohesion Policy as well. EGTCs have the potential to re-activating the economy and meeting the objectives of the Europe 2020 Strategy. Particular attention should be paid to cooperation with regard the enhancement of the labour market.
Amendment 31 #
Proposal for a regulation – amending act
Recital 7 a (new)
Recital 7 a (new)
Amendment 32 #
Proposal for a regulation – amending act
Recital 8
Recital 8
(8) While point (d) of Article 3(1) of the EGTC Regulation allows that bodies established under private law may become members of an EGTC provided that they are considered as being ‘public law bodies’ in terms of Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, EGTCs may be used in the future to manage jointly public services ofin order to respond to concrete needs of cross border regions; particularly to focus on general economic interest or infrastructures. Other private or public law actors may therefore also become members of an EGTC. Consequently, ‘public undertakings’ within the meaning of Article 2(1)(b) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors should be covered as well.
Amendment 35 #
Proposal for a regulation – amending act
Recital 14
Recital 14
(14) Experience from the setting up of EGTCs shows that the three months period for approval by a Member State has rarely been respected. The period should therefore be extended to six months. On the other hand, in order to create legal certainty after that period, the convention should be deemed to be approved by tacit agreement. While Member States may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the EGTC Regulation, derogations to the provision concerning tacit agreement after the period of six months should be ruled out. The 6 month period provided for the Member State to approve the set up of EGTCs should allow enough time to the Member State to express its concerns with regard the establishment of EGTCs, and also for the applicants to take necessary steps to improve their application.
Amendment 37 #
Proposal for a regulation – amending act
Recital 17 a (new)
Recital 17 a (new)
(17a) Stronger participation of civil society organisations in the establishment of EGTCs and also in the possibility of acceding existing EGTCs should be strongly encouraged.
Amendment 38 #
Proposal for a regulation – amending act
Recital 19
Recital 19
(19) The purpose of an EGTC should be extended to cover the facilitating and promotion of territorial cooperation in general, includingbringing down barriers in territorial cooperation, including focus on strategic planning and the management of regional and local concerns in line with Cohesion and other Union policies, thus contributing to the Europe 2020 strategy or to the implementation of macro-regional strategies. In addition, it should be clarified that a given competence needed for the efficient implementation of an EGTC should be represented by at least one member in each of the Member States represented.
Amendment 41 #
Proposal for a regulation – amending act
Recital 32
Recital 32
(32) Coordinated efforts for awareness raising among the institutions, the Member States and the regions with regard the potentials the EGTCs carry in themselves should be undertaken, in order to improve the visibility of the possibilities to use EGTCs as instruments available for cross-border cooperation in all EU policy areas. It should be clarified that Member States inform the Commission about any provisions adopted to implement the EGTC Regulation and to submit these provisions as well as any amendments thereof. In order to improve the information and coordination between the Commission, the Member States and the Committee of the Regions, it should be specified that the Commission will transmit these provisions to the Member States and to the Committee of the Regions. That Committee has set up an EGTC platform allowing all the stakeholders to exchange their experiences and good practices and to improve communication on EGTC opportunities and challenges, facilitating the exchange of experiences on the establishment of EGTCs at territorial level and sharing knowledge of best practices on territorial cooperation.
Amendment 45 #
Proposal for a regulation – amending act
Article 1 – paragraph 5 – point a – subparagraph 1
Article 1 – paragraph 5 – point a – subparagraph 1
Regulation (EC) No 1082/2006
Article 4 – paragraph 3
Article 4 – paragraph 3
Following notification under paragraph 2 by a prospective member, the Member State concerned shall approve the convention, taking into account its constitutional structure, and the prospective member’s participation in the EGTC, unless it considers that such participation is not in conformity with this Regulation, other Union law concerning the activities of the EGTC or national law concerning the competences of the prospective member or that such participation is not justified for reasons of public interest or of public policy of that Member State. In such a case, the Member State shall give a statement of its reasons for withholding agreement or shall suggest the necessary amendments to the convention to enable the prospective member’s participation. The 6 month period provided for the Member State to approve the set up of EGTCs has to allow enough time to the Member State to express its concerns with regard the application submitted and also for the applicants to react on the concerns and eliminate shortcomings of the application. Any delays in the process should be avoided and the 6 month period for the approval process should under no conditions be prolonged.
Amendment 47 #
Proposal for a regulation – amending act
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EC) No 1082/2006
Article 7 – paragraph 2
Article 7 – paragraph 2
2. An EGTC shall act within the confines of the tasks given to it, which shall be the facilitation and promotion of territorial cooperation to strengthen economic, social and territorial cohesion, overcoming internal market barriers, and be determined by its members on the basis that they fall within the competence under national law of at least one member from each Member State represented in that EGTC.
Amendment 48 #
Proposal for a regulation – amending act
Article 1 – paragraph 8 – point a
Article 1 – paragraph 8 – point a
Regulation (EC) No 1082/2006
Article 7 – paragraph 3 – subparagraph 1
Article 7 – paragraph 3 – subparagraph 1
An EGTC may carry out specific actions of territorial cooperation between its members in pursuit of the objective referred to in Article 1(2), with or without a financial support from the Union. Their taxation, conditions for funding through public- private partnerships should also be improved.