European Grouping of territorial cooperation Filomena Carvalho Deputy

European Grouping of territorial cooperation Filomena Carvalho Deputy Head of Unit Cross Border Cooperation 1

Annual meeting 2011 Legal Basis • Article 175 of the Treaty • Regulation (EC) No 1082/2006 on a EGTC; all documents regarding a payment request • New perspective in the domain of cooperation; • New European instrument; 2

WHY THE EGTC INSTRUMENT? • Significant difficulties in ETC programmes implementation; • differing national laws and procedures; • the increase in the number of land maritime borders after enlargements; 3

WHY THE EGTC INSTRUMENT? • EGTC - legal instrument which contributes to territorial cooperation across national borders ; • It’s OPTIONAL • Developed to make territorial cooperation more strategic but – at the same time – more flexible and simple; • All MS implement the EGTC Regulation in full…but some with considerable delay 4

Number and scope of EGTCs (Creation of EGTCs (31 March 2011 Year EGTCs created Cumulative total 2008 4 4 2009 10 10 2010 6 16 In preparation ) 21 5

Number and scope of EGTCs Proposed to overcome the obstacles hindering territorial cooperation in the EU. Already used for: • • Managing ETC Programmes • • Managing specific projects, (with/without EU funds); • • Planning development strategies for CB & multi-national zones; • • Operating facilities of common interest; • • Providing a locus for multi-faceted, multi-level communication and cooperation; • • Ensuring the visibility and durability of cooperation going beyond ETC programmes 6

EGTCS IN PRACTICE Why create and further develop an EGTC: • An EGTC offers a more coherent cooperation context available to local, regional and national authorities and other public bodies; • The EGTC Regulation provides a formal framework to existing cooperation. • An EGTC contributes to a better dialogue between the Member States and other public authorities; 7

Practical difficulties • Delay in adopting national provisions; • The novelty of the EGTC deterred MS and MA from relying on it for a formal role in implementing ETC programmes; • Time-consuming and complex procedures - the most important negative drivers when establishing an EGTC; 8

Practical difficulties • Creation of an EGTC; • Legal difficulties; • Questions of limited or unlimited liability; • Participation of a Third country; 9

Practical difficulties Operation of an EGTC • Different MS may give a differing interpretation to a given legal provision and create different practices; • Staff contracts - which law applies? • Public procurement for works & services; • Heavy approach to modify current status of an existing EGTC ; 10

And the FUTURE? PROPOSALS AND IMPROVEMENTS • A large consultation had been launched; • The message was clear: the instrument is useful but the procedures are more complex and uncertain than they should be. 11

And the FUTURE? PROPOSALS AND IMPROVEMENTS The philosophy behind the changes proposed by the Commission can be expressed in three keywords: – Continuity; – Clarity; – Flexibility. 12

Amendments to the EGTC Regulation Two kinds of amendements • To adapt the language to the Treaty on the Functioning of the EU; • To simplify and accelerate the setting up process and implementation. 13

Amendments to the EGTC Regulation The changes now proposed concern mainly: • The Membership; • The content of the Convention and Statutes of an EGTC, • Its purpose, • The process of approval by national authorities, • The applicable law for employment and for procurement, • Approach for EGTCs whose members have different liability for their actions • More transparent procedures for communication. 14

THANK YOU 15