OPEN DAYS 2008 – WORKSHOP „EGTC – Learning from the experience“

INTERACT Contribution: The EGTC: state of play, main questions

Elise Blais, INTERACT Point Vienna

Brussels, 8 October 2008

CONTENTS

State of the art: – EGTCs– National provisions– EGTC and third countries

FAQ – a few selected questions INTERACT activities and support

STATE OF THE ART: EGTCs IN PLACE

EGTCs in place:– FR-BE Eurométropole Lill-Kortrijk-Tournai – HU-SK Euroregion Ister-Granum

EGTCs in preparation:– BE-DE-FR-LU Greater Region– ES-PT Galicia – Northern Portugal Working community– ES-FR Hospital Cerdanya– DE-PL Eurodistrict Oderland-NadOdrze– IT-AT-HR (SI) Euroregion Villa Manin– Etc

STATE OF THE ART: NATIONAL PROVISIONS

Legal basis: Art. 16 of Regulation (EC) No 1082/2006:„Member States shall make such provisions as are appropriate to ensure the effective application of this Regulation“

Deadline: 1 August 2007 Content: elements not clarified in Regulation (+ additional

specific provisions) – important to consider!! Procedure: to be sent to the European Commission and other

Member States

POSSIBLE CONTENT OF NATIONAL PROVISIONS:

Legal regime applicable (private-public) Type of tasks that can be carried out

Residual liability of members (limited-unlimited)– NB: EGTC itself always has unlimited liability!

Notification requirements and procedure Financial control procedures/bodies Participation of members from third countries etc.

THE EGTC AND THIRD COUNTRIES

Non-EU Member States (incl. Pre- and candidates) not concerned by this new instrument as such

Participation may be possible (preamble clause 16 of Regulation (EC) No 1082/2006), under following conditions:– The third country adopts national legislation to create an

instrument similar or close to the EGTC; OR/AND

– The third country may sign agreements with EU Member States to enable their authorities to participate in EGTCs.

Participation also subject to the national provisions of the concerned Member State

At least 2 members from 2 Member States – NO Bilateral EGTC

STATUS OF NATIONAL PROVISIONS – SEPTEMBER 2008

Source: INTERACT Handbook on the EGTC

Caption

MS in which national provisions have been adopted (status 09.2008)

NATIONAL PROVISIONS ADOPTED (1)

Bulgaria: 29 August 2007. Only participants with unlimited liability. Status: non-governmental organisation. Update 09.2008

Cyprus: Decision on 9 July 2008 – status: private law Denmark: Law was passed on 30 April by the Parliament. Entry

into force: 1 June 2008. No registration in Denmark of EGTCs with members having limited liability.

Estonia: adopted on 16 June 2008. Status: private law. France: Law was passed in the Senate on 3 April. Entry into force:

16 April 2008. Greece: 23 November 2007 - detailed provisions in the next 2

months. Status: non profit company.

Hungary: First Member State to adopt provisions (June 2007). Concise and liberal provisions (all types of EGTCs). Status: non-profit business organisation. Members from 3rd countries not excluded. Local governments in HU have limited liability (other types of members not necessarily).

Lithuania: entry into force 15 May 2008. Status: public. Limited liability of members

Portugal: Publication Decree Law 8 November 2007. Status: public collective associational body. NB: provisions still to be adopted for Acores and Madeiras

Romania: November 2007. Status: non-profit legal entity acting in the public interest. Notification: several authorities involved.

NATIONAL PROVISIONS ADOPTED (2)

Slovakia: provisions entered into force in May 2008 Slovenia: provisions were adopted in March 2008 Spain: Decree,18 January 2008. Status: public entity. Add to

notification: decision of the decision-making organ of the prospective member authorising its participation in an EGTC.

United Kingdom: Act of 10 July 2007, came into force on 1 August 2007. Exclusion of members with limited liability. Guidance note: ‘What an EGTC is, how to seek approval to become a member of an EGTC and what steps need to be taken for a UK EGTC to acquire legal personality’

For further details: see INTERACT EGTC Handbook

NATIONAL PROVISIONS ADOPTED (3)

FAQ – A FEW KEY QUESTIONS (1)

Must all national provisions be in place for an EGTC to be notified? – the paradox:– EC Regulation creates a right - directly applicable.– But each prospective member must notify their respective

notification authority: ex-ante national control.

What to do if national provisions have not been taken?– Send EGTC notification to the government/Prime Minister– Consult national authorities to obtain advice– Ad-hoc solutions: e.g. Eurometropole Lille-Kortrijk-Tournai– Appeal procedure?

FAQ – A FEW KEY QUESTIONS (2)

Do we need to create an EGTC in order to be able to access EU funding (e.g. European Territorial Cooperation programme)?

NO! Recourse to the EGTC is optional. Access to ERDF funding under the European Territorial Cooperation will not be exclusively opened to EGTCs: any partnership can submit a project application, be it in the form of an EGTC or not.

The EGTC and the Lead Partner Principle: how does it work (European Territorial Cooperation )?

An EGTC brings together authorities or organisations from at least two Member States to act on behalf of those authorities or organisations, the EGTC can act as 'sole' beneficiary as it meets the partnership requirements by itself.

FAQ – A FEW KEY QUESTIONS (3)

What is the difference between the assembly of the EGTC and the Programme Monitoring and Steering Committee (MSC)?

The main difference lies in the fact that the MSC of a European Territorial Cooperation programme must also include socio-economic actors, and not all socio-economic actors are eligible for membership of an. See also participation of the European Commission.

Does the EGTC need to have its registered office in the programme area to be eligible for EU funding?

NO, as in the case of any other potential applicant, the headquarters of the applicant institution can be outside the programme area: e.g. a Ministry with headquarters located in the capital city outside the programme territory.

FAQ – A FEW KEY QUESTIONS (4)

Should all EGTC members contribute to the budget of the EGTC?

This is not compulsory but highly recommended, to ensure an equal commitment and ownership feeling by all members.

What are the advantages of creating an EGTC? A few elements (not exhaustive):

– As legal body with own personality, the EGTC can be part of legal proceedings, hire own staff, rent offices etc

– Financial liability is clarified: within the partnership and towards third parties.

INTERACT SERVICES ON THE EGTC

Seminars Advisory services upon request

Handbook and Roadmap:

www.interact-eu.net Upcoming Seminar on the EGTC: 23-24 October, Rome

elise.blais@interact-eu.net