Welcome to the Committee of the Regions European Union The set up of an EGTC INTERACT pilot activity on Cooperation in Objectives 1 and 2 Second event Bergen, Norway, 14 June 2011 Afonso Alcolea Committee of the Regions of the EU

Europe without borders? Introduction:

Europe will not be made all at once, or according to a single plan. It will be built through concrete achievements which first create a de facto solidarity. Declaration of the French Minister of Foreign Affairs, Mr Robert Schuman, 9 May 1950 Introduction:

Europe without borders? Polish-German border between Frankfurt am Oder and Słubice Introduction:

Europe without borders? Former checkpoint dismantled between Frankfurt am Oder and Słubice © A. Alcolea, 2008 Introduction:

Europe without borders? Situation of the border between Italy and Slovenia in Gorizia, till 2004 Introduction:

Europe without borders?  GDP per head poorest region: +/ €  GDP per head richest region: +/ € Introduction:

Europe without borders?  Disparities European Commission 5th Cohesion Report Introduction:

External borders and Neighbourhood Policy Europe without borders? Introduction:

Why territorial co-operation? The case for territorial co-operation

11 Globalisation and European integration:  Global challenges: Economic globalisation, demographic change, migration flows, climate change, energy.  European integration: EU enlargement, Single Market EMU and EURO area, enlargement of the Schengen area, Lisbon Treaty.  Localisation: Single territories are directly faced with challenges and have access to opportunities of a larger magnitude and which requires pooling of resources. The case for territorial co-operation

12 Multi-level governance and subsidiarity:  National policies have less of an influence on economic and regional development.  More responsibilities for Regional and Local Authorities in the European Union policies.  Institutional changes in the Member States: devolution, decentralisation and reform of federalism. The case for territorial co-operation

13 The public expenditure goes sub-national:  The LRA are the source of 60% of public investment in the EU  Their responsibilities are increasing for sustainable development and services to be provided to the citizens The case for territorial co-operation

14 In order to deliver effective policy, we need to:  Address optimal functional areas of intervention, which cross the traditional administrative boundaries and national frontiers;  Group authorities from different institutional level and nationality, responding to variable composition of needs and blend of competencies;  Therefore, to foster territorial cooperation across and beyond the European Union. The case for territorial co-operation

Territorial cooperation in the EU cohesion policy Territorial co-operation in the EU

… Interreg I CBC Interreg III - CBC - Transn - Interr. + URBACT + INTERACT + ESPON New Objective: European Territorial Cooperation +ENPI / IPA Territorial co-operation in the EU

€ %€ %2.5% European Cohesion Policy € 347 billion Territorial co-operation in the EU

Territorial cooperation objective - € 8.8 billion  Cross-border cooperation – for solving local problems, including strategic projects (ENPI and IPA for external borders)  Transnational cooperation - concrete, strategic projects important for the whole programme area  Interregional cooperation - exchange of experiences and best practices to improve regional policy design and implementation Some 90 programmes expected in total:  50 CBC, 15 ENPI CBC, 12 IPA CBC  13 Transnational  1 Interregional programme And supportive programmes INTERACT, ESPON, URBACT Territorial co-operation in the EU

External borders and ENP Cross-border co-operation and Neighborhood Policy Territorial co-operation in the EU

Legal frameworks for permanent structures of co-operation Territorial co-operation in the EU

 Permanent structures promoted by the Council of Europe  Madrid Outline Convention, 1980  Specialised or ad hoc structures, based on bilateral treaties or specific instruments  Euroregions, working communities, consortia…  GEC – Euroregional Cooperation Grouping  Permanent structures of the European Union:  Regulation (EEC) 2137/1985  EEIG – European Economic Interest Grouping  Regulation (EC) 1082/2006  EGTC – European Grouping of Territorial Cooperation Legal frameworks for territorial cooperation in Europe

The Euroregions and its modalities  Association of local and regional authorities on either side of the national border, sometimes with a parliamentary assembly;  Transfrontier association with a permanent secretariat and a technical and administrative team with own resources;  Of private law nature, based on non-profit associations or foundations on both sides of the border according to the respective national law;  Of public law nature, based on inter-state agreements, dealing among other things, with the participation of territorial authorities. Legal frameworks for territorial cooperation in Europe

Euroregional Cooperation Grouping (ECG)  Instrument of the Council of Europe  International Law  Created by the 3 rd additional Protocol (Utrecht, 13 November 2009), to the Outline Convention on transfrontier cooperation between territorial communities or authorities (Madrid, 1980)  Signatory states: Belgium, France, Germany, Lithuania, Montenegro, the Netherlands and Slovenia  Some differences with the EGTC Legal frameworks for territorial cooperation in Europe

The European Grouping of Territorial Cooperation

EGTC – European Grouping of Territorial Cooperation  Created by Regulation (EC) 1082/2006  Public entities from different Member States can get together under an entity with European legal personality.  The EGTC has its own organisation, budget and staff.  It may implement programmes and projects of territorial cooperation, with or without EU funding.  Currently there are 19 EGTC, grouping more than 350 regional and local authorities covering a population of more than 20 Mo inhabitants in 12 Member States. What is an EGTC?

Missions of an EGTC  Art. 1 (2) “To facilitate and promote cross-border, transnational and/or interregional cooperation between its members with the aim of strengthening economic and social cohesion”.  Functional principle.  What is economic, social [and territorial] cohesion?  Art 7 (3) Tasks of the EGTC: Implement ETC programmes co-financed by ERDF, ESF or Cohesion Fund Implement ETC projects co-financed by ERDF, ESF and Cohesion Fund Other specific cooperation actions with EU funding Other cooperation actions without EU funding What for?

Regulation (EC) 1082/2006 of the EP and the Council, of 5 July 2006 Entered into force the 1 August 2006 A MS is free to delegate management of a territorial cooperation programme to an EGTC Regional/local partners free to run cooperation projects as an EGTC Potential to develop EGTC as political tool for regional development The EGTC Regulation 1082/2006 (EC)

Roadmap towards an EGTC How to set up an EGTC

Factors How to set up an EGTC Trust Negotiation Choice Vision

Sources available in Go to ‘EGTC Platform’ and find them in ‘Publications’ How to set up an EGTC

Preliminary questions  EGTC for programme management  Programmes already started  EGTC for project management  Principle of lead partner  No private bodies (yet)  Eligibility of the EGTC:  For ETC projects  For other projects  No specific funding for EGTCs How to set up an EGTC

Preparation phase  Analysis of the situation  Definition of the mission and the vision  Goal  Territorial cohesion  FUNCTIONAL PRINCIPLE  Definition of functions  multi- or single-  Define the skills  Blend of competences  Define the members  Explore national frameworks  Define the timing How to set up an EGTC

Preparation phase  Who can be partner of an EGTC? Five categories of prospective partners: (Regulation) 1. Member States 2. Regional authorities 3. Local authorities 4. Bodies governed by public law within the meaning of Directive 2004/18/EC on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts 5. Associations consisting of bodies belonging to one or more of these categories How to set up an EGTC

Preparation phase  Who can be partner of an EGTC? Participation of entities from third countries in an EGTC may be possible under certain conditions: The third country adopts national legislation to create an instrument similar or close to the EGTC. The third country may alternatively sign agreements with EU Member States in order to enable their authorities to participate in EGTCs Participation of entities from third countries in an EGTC is also subject to the national provisions of the concerned Member States, whether these allow or not such participation. How to set up an EGTC

Preparation phase  Limits to the actions of the EGTC: Exercise of powers conferred by public law to safeguard general interest of State Police Regulatory powers Justice Foreign policy Actions outside EU funding can be restricted further by MS How to set up an EGTC

Decision phase  Decide about the implementation of the EGTC  Examine alternatives  Legal feasibility How to set up an EGTC

Implementation phase  Location of the registered office  Drafting of the convention  Drafting of the statutes  Notification to the MS  Publication in the national journal and in the OJEU.  Notification to the CoR  Launching of the EGTC How to set up an EGTC

Implementation phase  The seat determines the applicable Law:  Legal regime (private/public Law)  Type of tasks that can be carried out  Liability of (limited/unlimited)  Participation of partners from 3rd countries  Notification and procedure  Financial control  Specific requirements  Etc. How to set up an EGTC

Implementation phase  Some questions to bear in mind:  Ex-ante agreement of MS MS must respond within 3 months (if reject, has to explain reasons) Procedure according to national rules  After MS approval EGTC partners agree unanimously final Convention and Statutes  Statutes shall be registered/published in the MS of registered office  EGTC has legal personality from day of national registration  “Registered office” determines applicable law How to set up an EGTC

Implementation phase  Content of the Convention:  Basic elements (name, registered office, territory, list of partners, objective and tasks, duration and dissolution)  Content of the Statutes:  All provisions of convention  Operational provisions (organs, decision-making procedures, languages, financial contributions etc.) How to set up an EGTC

Performance of the EGTC  Financial management  Budget  Contributions  Control  Liquidation  Liability  Evaluation How to set up an EGTC

Modification or dissolution of the EGTC  Changes in the membership  Integration of new members  Resignation or exclusion of members  Modification of the statutes  Dissolution  EGTC for determined duration  Special case of ETC programmes  Undetermined duration How to set up an EGTC

The role of the Committee of the Regions Engagement of the CoR

47 Engagement of the CoR Legal basis:  Treaties (art. 306 TFEU)  Consultative remit in cross-border cooperation  Regulation (EC) 1082/2006, Art. 5  The new EGTCs must notify the CoR Political action:  The EGTC is strategic for the CoR  Inter-institutional cooperation  Political proactiveness

48 Engagement of the CoR Political support:  4 opinions on EGTC in 2002, 2004, 2008 and 2011 Shared experience:  Expert Group, EGTC Platform Information and debate:  Consultation in 2010  Workshops and stands during the Open Days  3 studies and annual report from 2011 on. Registry of EGTC:  Art 5 of the Regulation (EC) 1082/2006

49  Own-initiative opinion, adoption the 27/01/2011  Rapporteur: Mr Alberto Núñez Feijóo, (ES/EPP) President of Galicia. Contituity with the opinion of Ms Bresso (IT/PES) in 2008 New scenario: Treaty of Lisbon and new financial perspectives Importance of the EGTC For programmes and projects of ETC For Europe 2020 For Multi-level governance Defence of the EGTC as “preferential instrument for cooperation”. CoR opinion on EGTC

Contents:  Substantial measures: Legal status; harmonisation of national regimes; staff; participation of private entities; clarifications.  Procedural measures: Reduction of the delays, hearing the promoters of the EGTC; common act for autorisation; publication in section C of the OJEU.  Financial measures: Consider the EGTC automatically as transnational partnership; suppress obsolete methodes of management; autonomous pole of cooperation.  Participation of entities from Third countries on the basis of Title V of the Treaty; allow 1+1 bilateral EGTCs. CoR opinion on EGTC

 Its it integrated by all the EGTCs existing, the EGTCs in constitution, experts and different organisations of support (including INTERACT).  Open to other cross-border structures.  Launched the 28 January 2011 in Brussels  Online forum  Contact: The EGTC Platform

Mission of the Platform  Legislative monitoring  What’s going on?  Peer exchange of experiences, advice and practices  How do we do it?  Dissemination and visibility of the EGTC  What can we do?  Explore the opportunities and challenges of the EGTC  How to do it better?  Contribute to the consultative works of the CoR providing factual input about cross-border aspects of the EU legislation and policies  What happens at cross-border level? The EGTC Platform

27 January  Lille 28 January  Brussels More than 200 participants The EGTC Platform – Launching conference

The EGTC Platform – Forum online

Thank you! Committee of the Regions Direction of horizontal policies and networks Alfonso Alcolea Martínez Administrator EGTC & territorial cooperation URL: FB group: EGTC