Welcome to the Committee of the Regions European Union The EGTC in the EU: Current trends and perspectives under the next programming period Alpeuregio Summerschool 9 July 2012 Christian Gsodam Advisor to the Secretary General Committee of the Regions of the EU

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.  Entered into force on 1 August 2007, the Member States adopt national provisions. 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”.  Art 7 (3) Tasks of the EGTC: Implement ETC programmes co-financed by ERDF, ESF or Cohesion Fund Implement ETC projects […] Other specific cooperation actions with EU funding Other cooperation actions without EU funding  Limits: Powers of the State such as police, regulation, justice or foreign affairs. What for?

Who can be a member?  Basically, entities of Public Law (reference to the Directive 2004/18/EC on public procurement) and associations  Participation of entities from third countries:  2 EU Member States needed (minimum 2 EU + 1 non EU)  The third country adopts similar legislation or signs an agreement with the country of seat of the EGTC  The EU Member States involved authorize it Who can participate?

The basic procedure  Location of the registered office  The seat determines the applicable Law  Drafting of a convention and the statutes of the EGTC  Authorisation by the Member States  The Regulation says 3 months  Publication in the national journal and in the OJEU  Notification to the CoR  Launching of the EGTC How to set up an EGTC

EGTC trends and developments

Grande Région  First EGTC to become management authority of a programme  Involves FR, DE, LU, NL, BE  Examples of EGTC

Amphictyony  Twinning 53 cities of the Mediterranean  More than 39 non-EU cities associated  Examples of EGTC

Archimed  Cooperation structure among Mediterranean islands  Joint defence of common interests Examples of EGTC

Eurometropolis Lille-Kortrijk-Tournai  Conurbation between Belgium and France, 3 regions, 2 languages, 1.7 Mo inhabitants  Examples of EGTC

Galicia-Norte de Portugal Big euroregion with more than 20 years of co-operation History  Projects:  Transport: Guide, study on interoperativity  Cooperation between technology centres and campuses  Sectors: Sea, automotive, creative and cultural industries  TOURISM: Project ‘One destination, two countries’ Examples of EGTC

Duero-Douro  Rural development: 187 municipalities with an average population of <500 inhabitants  Projects:  Econometric model for investments  Goat livestock to prevent forest fires and create jobs  Culture, education  TOURISM VITAL: Turn the border area into a touristic destination of excellence Examples of EGTC

West Vlaanderen / Flandre - Dunkerque - Côte d’Opale  Integration of a highly urbanised border area  Projects:  Interreg IVA project 'Cross-border cooperation‘  Project ‘Coast to coast’ and ‘Tourism without borders’  Public transport and recreational mobility  Health cooperation  Training and employment  Cross-border GIS  Culture Examples of EGTC

Abaúj az Abaújban and Bodrogközi  2 different Groupings between HU and SK municipalities  Mainly oriented to rural tourism and development. Examples of EGTC

Duero-Douro  Rural development: 187 municipalities with an average population of <500 inhabitants  Projects:  Econometric model for investments  Goat livestock to prevent forest fires and create jobs  Culture, education  TOURISM VITAL: Turn the border area into a touristic destination of excellence Examples of EGTC

Cerdanya cross-border hospital  Service to 60,000 inhabitants in the Pyrenees  Examples of EGTC

Advantages of the EGTC  An EGTC may implement a whole programme  An EGTC is visible, is flexible, is permanent, is accountable and empowers peer local and regional authorities  The EGTC facilitates the obtention of funding for projects  The EGTC is a good instrument to pool public expenditure or public services  An EGTC may grant the future sustainability of a project, and can be foreseen in a project proposal or in an operational programme  The EGTC can materialise bottom-up initiatives at macro level EGTC trends and developments

Source: INTERACT handbook ‘The European Grouping of Territorial Cooperation’

Factors EGTC trends and developments Trust Negotiation Choice Vision

Figures  29 EGTC set up, one of them pending notification  More than 600 LRA involved  A reality in 15 Member States,  Impact on the life of 26 Mo Europeans EGTC trends and developments

Some trends about the implementation of EGTC  National implementation varies, but also approach and perception  There is only one EGTC for programme implementation, and structural funds are not the main object  Although ‘laboratory for multi-level governance’, most of the EGTC group public entities of the same level  Although it is ‘territorial cooperation’, EGTC are mainly CBC  Main areas: Axis Benelux-FR-DE, around HU-SK-CZ and Med  Precedent cooperation started in the 90s.  Need of awareness among LRA, public and EC services EGTC trends and developments

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

24 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

25 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

26  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 2011

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

28  Opinion on the legislative proposal, to be adopted on 15 February 2012 (COTER 5 Dec) Consultation to the EGTC Platform  Rapporteur: Mr Michel Delebarre, (FR/PES) Mayor of Dunkerque, President of COTER and coordinator of the EGTC Platform. Support to the proposal, in particular simplification, staff, larger tasks, territories of 3rd countries. Other ideas proposed: to allow companies of services of general economic interest, clearer criteria to reject proposals (including participation of 3rd countries), use of EGTC in other sectors, procedural improvements. CoR opinion on EGTC 2012

The revision of the EGTC Regulation  Communication COM 462 (2011) final, 29 July  Report on the application of the Regulation  The CoR opinion is considered ‘main political input’  Awareness & info among the services of the EU  Communication COM 610 (2011) final, 6 October  Proposal to amend the regulation.  Easier procedures and clarifications  Open to participation of PPP  Easier participation of entities from 3rd countries 1+1 EGTC will be possible Includes outmost regions and overseas territories  New possibilities for the EGTC in the other regulations on cohesion policy

30 Analysis – the ETC proposal More budget: 3’48% and €11’5 billion  Previous 2'5%, €8'5 billion  Possibility of using of the Connecting Europe Facility and part of the funding for outermost and sparsely populated regions

31 Analysis – the ETC proposal Components:  Transnational cooperation  larger transnational territories, covering maritime in cases not covered by cross-border cooperation.  Interregional cooperation  promote exchange of experiences in investment for growth and jobs goal, sustainable urban and rural development, actions of territorial cooperation including EGTC, and studies.

32 Analysis – the ETC proposal Geographical:  Transnational  NUTS 2 territories following criteria of coherence.  Interregional  The whole territory of the EU, and also territories of 3rd countries.  Cross-border  NUTS 3 and max 150 Km in maritime regions.  No specific reference to urban areas, peri- urban and rural areas, and intra-regional differences. 

33 Analysis – the ETC proposal Priorities:  Transnational:  Thematic objectives of Europe 2020  Development of macro-regional strategies.  CBC  Thematic objectives of Europe 2020  Cross-border mobility, equal opportunities, education and training, legal and administrative cooperation  Some objectives like culture disappear 

34 Analysis – the EGTC proposal Programming:  Definition  Structure of ‘chef de file’ kept Monitoring and evaluation:  Indicators;  ETC is excluded of the conditionality Management:  Possibility of a joint audit authority  

35 Analysis – the EGTC proposal Principles  flexibility; clarification; continuity Applicable Law  Primacy of Convention; then Regulation; then Law of the seat Members  Clarification of national bodies of public Law  Not only Dir 18/2004 but also Dir 17/2004, “public companies”  But services of general interest not mentioned  Overseas equivalents  ?

36 Analysis – the EGTC proposal Participation of 3rd countries and overseas  Clarifications needed about the discretionality of the Member State Procedure of constitution  Simplification  Approval of the convention only and tacit approval after 6 months  Need of definition of ‘national interest’  Publication in section C of the OJEU 

37 Analysis – the EGTC proposal Mission:  Territorial cooperation in general:  Programmes and projects  Europe 2020  Notion of ‘task’  References in other regulations  Management of a part of a program  Common action plan of the RDC  Action of local development integrated in CBC  Integrated Territorial Investment  Not for partnership contracts ? 

38 Analysis – the EGTC proposal Convention and statutes  Clarification of the content of both documents  The EGTC may chose the regime of the staff  The members may choose their auditor  Challenge  The Single Market Liability  Insurance regime with Ltd  Problem with incompatibility of liability regime between countries  

The EGTC Platform of the CoR

 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

January 2011  Launching conference October 2011  Open Days 29 March March 2012  Interinstitutional conference in Brussels 9 October October 2012  EGTC workshop during the Open Days The EGTC Platform – Conferences and meetings

Sources available in Go to ‘EGTC Platform’ and find them in ‘Publications’ The EGTC Platform – Resources and publications

The EGTC Platform – Online community  > 150 registered contacts  Peer-to-peer support  Forum online  Social networks FB group: EGTC

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 Conclusion:

Eυχαριστώ πάρα πολύ! Grazie! Merci! Committee of the Regions Direction of horizontal policies and networks Alfonso Alcolea Martínez Administrator EGTC & territorial cooperation URL: FB group: EGTC