Regional Policy The 4th EGTC Approval Authorities meeting 17 April 2015 Budapest Dirk Peters European Commission Directorate Regional and Urban Policy Senior Expert/ Team Leader

Regional Policy Scope of amendments COM report of 27 July 2011  Continuation  Clarifications  Simplification: Acceleration of set-up Implementation Proposal COM(2011) of 6 October CORR  + Changes COREPER 26 June 2013  + 3 Joint Declarations

Regional Policy Clarifications (1/2)  Lisbon Treaty: "Union", "territorial cohesion" added  Applicable law: Article 2  Membership: Article 3(1)  Membership: Article 3(2)  2 MSt or 1-1  Acquisition of legal personality: Article 5  Scope: Article 7  (2):competence of each member, unless  (3):"specific actions of territorial cooperation" PRIMARILY, coop programmes (or parts) or ESI projects MSt may restrict, but allow Article 6 ETC  (4):fix terms and conditions, including tariffs and fees

Regional Policy Clarification (2/2)  Convention: Article 8(2)  (f):applicable law for interpretation and enforcement of convention  (fa):applicable law where statutory organs act  (g):3rd countries involvement  (h):applicable law directly relevant to activities  (j):arrangements for liability  Statutes: Article 9  (1):in accordance with convention  (2):operational provisions

Regional Policy Simplification  Acceleration  Setting up process: Art. 4(3)  Amendment procedure: Art. 4(6)  Lighter procedure for access of new members: Art. 4(7)  Implementation  Limited liability: Art. 12(2a)  Adaptation of national implementation rules: Art. 16(1)/Art. 3  Transitional provision: Art. 2  Joint declaration on CoR role and platform

Regional Policy  Changes Third countries and OCT  What is not proposed?  Public / private status of EGTCs  Private sector involvement (profit-oriented)  Joint Procurement  But COM proposals on revised Directives  VAT  Social security rules  Employment law

Regional Policy Programme manager Article 21 ETC EGTC manages a programme or only a PART thereof (Macro-regional/Sea-basin strategies?) Article 10 ETC As legal body EGTC manages an Integrated Territorial Investment (  Article 36 CPR) Particular potential for triangles to implement a strategy under several bilateral CBC programmes Article 10 ETC EGTC as MA empowered to carry out FLC in whole programme area!

Regional Policy Provider of cross-border common services Article 3 EGTC Membership extended to "public undertakings" alongside public similar bodies, thus opening to energy, water and transport. EP and CoR are also pushing to allow for undertakings managing Services of General Economic Interest (SGEI). However, strictly private entities remain excluded (companies, individuals, etc.) Article 2 CPR Expenditure of EGTC always considered public expenditure

Regional Policy "Applicant" – beneficiary Article 11(3) ETC EGTC = single beneficiary for ETC projects, where they fulfil the cooperation criteria Article 8 ETC EGTC = beneficiary of a Joint Action Plan EGTC may draw from different funds and programmes (e.g. to implement a cross-border employment basin, combing ETC and regional ESF programmes)

Regional Policy Improvements outside EGTC Regulation ITI; JAP; (CLLD) Expenditure always public Single beneficiary If managing authority: First level controls Managing PART of an OP Public Procurement Directives

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