What should we be done to spread the EGTCs? José-Manuel Blanco González Economist. Lawyer. Political Science Graduate. Xunta de Galicia Spain.

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Presentation transcript:

What should we be done to spread the EGTCs? José-Manuel Blanco González Economist. Lawyer. Political Science Graduate. Xunta de Galicia Spain

1.To clarify the Regulation (EC) 1082/2006, at least to the Community level by means of a Commissions Communication. 2. National rules of Regulations development should be harmonized in order to avoid functional incompatibilities. 3. An agreement with some basic models and a standard EGTCs convention and statutes should be prepared, which ones should be an inspiration for the promoters.

On a second stage, we have to realize neither the EGTCs are going to fulfill the same tasks volumen nor with the same complexity degree. The way of an EGTC management which expects to perform an unique project Life or Media its very different to one of that EGTC which tries to charge just for partially services and at the same time remains with a constant mission in time. (For example: sanitary services, civil defence, waste processing, public transport, … just in case of no private offer.)

So, time will decide two kind of EGTCs, at least: * EGTCs type I, or one-function. * EGTCs type II, or multifunctional.

The EGTCs type I (one-function) will develop very easy tasks, related to the management of an unique programme or a very primary group of projects, without generating their own resources or colliding with vested interests. (For example: town twinnings, tourist routes promotion, young exchange, …). They will try to apply for micropublic competitive calls which are offered by the Commission.

EGTCs type II (multifunctionals) will try to optimize the most the possibility considered by the article 7.3, second paragraph, of Regulation (EC) 1082/2006 : >

As a consequence, the EGTCs type II (multifunctionals) are those which will bet for surviving after 2013, and also they are those which need more legal security. Galicia-Norte de Portugal, AECT (GNP, AECT) is by nature multifunctional.

And what can be done if by lack of development state regulations, or by a careless state intervention, the EGTCs constitution isnt provided? The answer given by the Community Law is clear :

Article 226 TEC If the Commission considers that a Member State has failed to fulfil an obligation under this Treaty, it shall deliver a reasoned opinion on the matter after giving the State concerned the opportunity to submit its observations. If the State concerned does not comply with the opinion within the period laid down by the Commission, the latter may bring the matter before the Court of Justice.

And what is the reason? Simply, the article 10 TEC command the following : Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or resulting from action taken by the institutions of the Community. They shall facilitate the achievement of the Community's tasks. They shall abstain from any measure which could jeopardise the attainment of the objectives of this Treaty.