Activites

• 2006/07/31 Final act published in Official Journal
  • Regulation 2006/1082
  • OJ L 210 31.07.2006, p. 0019-0024
• 2006/07/05 Final act signed
• 2006/07/05 End of procedure in Parliament
• 2006/07/04 Debate in Parliament
  • Debate in Parliament
  • T6-0287/2006 summary

    The European Parliament adopted a report by Jan OLBRYCHT (EPP-ED, PL) and approved the Council’s common position. It should be noted that this regulation is part of the Structural Funds package for 2007 to 2013.  (Please also see COD/2004/0167, AVC/2004/0163 and AVC/2004/0166.) The package defines the objectives, the financial resources available and the criteria for their allocation in an enlarged EU. Approximately EUR 308 billion - or 35.7 per cent of the total EU budget - will be available to spend, as scheduled, from 1 January 2007.As part of the deal on the financial perspective, MEPs secured a further EUR 300 million extra for territorial cohesion.  The House supported the idea that EUR 200 million should be allocated to the trans-national area and the remaining EUR 100 million should be given to inter-regional cooperation.

• 2006/06/26 Committee recommendation tabled for plenary, 2nd reading
  • A6-0227/2006
• 2006/06/22 Vote in committee, 2nd reading
• 2006/06/15 Committee referral announced in Parliament, 2nd reading
• 2006/06/13 Council position published
  • 09062/2/2006 summary

    The common position, adopted by unanimity, approves the objectives of the proposal and incorporates most of the 41 amendments proposed by the European Parliament at first reading. These include the definition of territorial cooperation, the need to specify the Member States’ financial liability, the applicable law and the provision to publish and/or register the statutes of the EGTC.It should also be noted that the Council decided to follow the European Parliament's suggestion, i.e. replacing, in the whole document, the name of the instrument "European grouping of cross-border cooperation" by "European grouping of territorial cooperation". The Council decided to follow the idea of the European Parliament to apply to the EGTC the law of the Member State where it has its registered office.The most significant changes introduced by the common position are outlined below:- The first significant change concerns the ex-ante control by the Member States when their regions or local authorities intend to set up an EGTC. Article 4(3) foresees that a Member State agrees to the proposed member’s participation in an EGCT, unless it considers that such participation is not in conformity with the Regulation or national law (more or less corresponding to the Commission’s modified proposal) or is not justified for reasons of public interest or public policy (ordre publique) of that Member State. An appropriate justification of refusal shall always be provided.- The second significant change concerns the scope of the Regulation. The common position of the Council has added that Member States may limit the tasks EGTCs may carry out without a Community financial contribution. However, this limitation cannot concern the core actions of territorial co-operation. - The system of financial liability of the EGTC as such and of its members has been reshaped: concerning the organs, it states that the EGTC shall be liable for the acts of its organs towards third parties, even where such acts do not fall within the tasks of the EGTC. The liability of the EGTC in general and the residual liability of its members in case the assets of the EGTC are insufficient to meet its liabilities are now covered by Article 12(2). In principle the members have an unlimited residual liability. However, the national law may exclude or limit the liability of members formed under it.- A transitional period added for Member States to adapt their national legislation to the requirements of the Regulation.

• #2736
• 2006/06/12 Council Meeting
• #2726
• 2006/05/05 Council Meeting
• 2006/03/07 Modified legislative proposal published
  • COM(2006)0094 summary

    The Commission has accepted most of the amendments adopted by a large majority in the plenary Session as they help to clarify the text and are in line with the objective of the Commission’s proposal.The Commission has fully accepted 17 amendments. First of all the Commission accepts to rename the grouping into “European grouping of territorial co-operation” (EGTC) throughout the text in order to reflect that the grouping may cover all kind of “territorial” co-operation: cross-border, trans-national or inter-regional.Then the Commission accepts to exclude financial liability of the Member States when the EGTC is used outside the management of Structural Funds. Furthermore, the Regulation should fix the applicable law which should be the one of the Member State where the EGTC will have its registered seat. Another 17 amendments are acceptable in principle/substance, but subject to rewording. The Commission agrees to clarify the very objective of the EGTC: either an EGTC is set up to manage a co-operation programme co-financed by the Community, notably under the future objective 3, or it is set up to carry out any other action of co-operation. The Commission suggests that throughout the text the Regulation should distinguish between “powers” or “competences” of the members of an EGTC on the one hand and of a delegation of “tasks” to the EGTC on the other hand.Concerning a right of supervision and control of the Member States, the Regulation should provide for the appropriate measures. However, the initiative for the creation of an EGTC shall remain with the potential members and no additional obstacles are created. These supervision rights cannot only cover issues concerning the management of funds, but also the right to control whether the members may delegate the execution of the tasks to an EGTC.The Commission proposes that the law governing the way in which equivalent groupings formed under national law operate in the Member State where the EGTC has its seat applies to EGTC, not only concerning the registration of the EGTC - as asked for by the EP – but also to cover other aspects not regulated by the Regulation.The Commission proposes to clarify the distinction between the elements to be covered by the convention and those to be covered by the statutes: the statutes cover all the elements of the convention, all the elements mentioned in Art. 5 and additional elements as agreed upon by the members. The convention would cover only the elements enabling the Member States to control whether the members may delegate the execution of the tasks to an EGTC according to the relevant national legislation and if the objective of the EGTC in conformity with this Regulation.Concerning the definition of “other bodies”, the Commission prefers a reference to an existing definition (reference accepted for the Structural Funds in general) than to create a new one. Furthermore, a group of 2 amendments is only partially acceptable: the Commission only accepts that the convention is notified to the Member States concerned and to the Committee of the Regions. Concerning the compulsory organs of an EGTC, the Commission defines the assembly as a compulsory organ in Art. 6(1).

  • DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],
• 2005/07/06 Results of vote in Parliament
  • Results of vote in Parliament
  • T6-0280/2005 summary

    The European Parliament adopted a resolution drafted by Jan OLBRYCHT (EPP-ED, PL) making some amendments to the Commissions proposals. The resolution was adopted with 662 votes in favour, 31 against and 15 abstentions. Parliament changed the name of the grouping from "European grouping of cross-border cooperation (EGCC)" to "European grouping of territorial cohesion (EGTC)". It stated that the EGTC should support European territorial co-operation in three areas: cross-border, inter-regional or trans-national.Amendments proposed by the MEPs specify that these conventions will be transferred to the European Commission and to the Committee of the Regions and that the Commission will kept a public register of all conventions relative to EGCCs.The EGTC will be subject to the law governing the operation of associations of the State designated by its members.In addition to Member States and/or local public bodies, the EGTC may be made up of other bodies acting on a not-for-profit basis, in which regional/local authorities and Member States participate.Agreements on border, interregional or supranational cooperation between Member States and/or regional and local authorities may continue to be applied.Parliament added an operative clause stating that the competent authority of the Member State whose law is applicable must have a right of supervision over the EGTC's management of public funds, both national and Community. The competent authority of the Member State whose law is applicable shall inform the other Member States affected by the convention of the results of any checks carried out.Parliament specified that no financial liability will fall on Member States that are not members of the EGTC, even though their regional, local or public bodies are participating as members. This, however, is without prejudice to the financial responsibility of Member States in relation to Community funds operated by the EGTC.Finally, where border regions have experienced prolonged periods of civil or military conflict, the EGTC may also have the objective of promoting reconciliation and assisting with peace-building programmes.

• 2005/07/05 Debate in Parliament
  • Debate in Parliament
• 2005/06/21 Committee report tabled for plenary, 1st reading/single reading
  • A6-0206/2005
• 2005/06/16 Vote in committee, 1st reading/single reading
• 2004/11/17 Committee referral announced in Parliament, 1st reading/single reading
• 2004/07/14 Legislative proposal published
  • COM(2004)0496 summary

    PURPOSE : to establish a European grouping of cross-border cooperation (EGCC).PROPOSED ACT : Regulation of the European Parliament and of the Council.CONTENT : this proposal has been drafted as part of the cohesion legislative package. The package consists of a general Regulation (AVC/2004/0163), together with a Regulation for the European Social Fund (ESF), Cohesion Fund (AVC/2004/0166) and the European Regional and Development Fund (ERDF) (COD/2004/0167).The package is completed by this entirely new proposal creating the framework for a cross-border authority to manage cooperation programmes (EGCC).Taking into account the important difficulties encountered by the Member States, in particular by the regions and local authorities, in implementing and managing actions of cross-border, trans-national or inter-regional co-operation within the framework of differing national laws and procedures, this proposal aims to set out measures to reduce these difficulties.In order to overcome the obstacles hindering cross-border co-operation, it is necessary to introduce a co-operation instrument at the community level, which allows the creation of cooperative groupings in the community territory, invested with legal personality, called "European groupings of cross-border co-operation" (EGCC). It should be noted that recourse to the EGCC should be optional.The EGCC shall have the capacity to act on behalf of its members, notably the regional and local authorities of which it is composed.The tasks delegated to it must be defined by its members, in a convention of European cross-border co-operation. The EGCC must be able to act, either for implementing programmes of cross-border cooperation co-financed by the Community, notably by the structural funds, as well as transnationaland inter-regional co-operation programmes, or for carrying out cross-border cooperation programmes which are at the sole initiative of the Member States and their regional and local authorities, without financial contribution by the Community.Lastly, the financial responsibility of regional and local authorities, as well as that of the Member States, is not affected by the formation of an EGCC, with regard to both the management of Community funds and national funds For further information concerning the financial implications of this measure, please refer to the financial statement.

  • DG [{'url': 'http://ec.europa.eu/social/', 'title': 'Employment, Social Affairs and Inclusion'}],

Documents

• Legislative proposal published: COM(2004)0496
• Committee report tabled for plenary, 1st reading/single reading: A6-0206/2005
• Debate in Parliament: Debate in Parliament
• Results of vote in Parliament: Results of vote in Parliament
• Decision by Parliament, 1st reading/single reading: T6-0280/2005
• Modified legislative proposal published: COM(2006)0094
• Council position published: 09062/2/2006
• Committee recommendation tabled for plenary, 2nd reading: A6-0227/2006
• Debate in Parliament: Debate in Parliament
• Decision by Parliament, 2nd reading: T6-0287/2006
• : Regulation 2006/1082
• : OJ L 210 31.07.2006, p. 0019-0024

History

(these mark the time of scraping, not the official date of the change)