1. Euro Contrôle Route EGTC vs. AISBL Steering Committee Oostende, 20-21/06/2012 cyril.pauget@mobilit.fgov.be

2. Euro Contrôle Route 1. Short description of AISBL Specifications Prerequisites and steps of setting up 2. Description EGTC Specifications Prerequisites and steps of setting up 3. Comparison 4. Questions

3. Euro Contrôle Route Association Internationale Sans But Lucratif  International Non-Profit Organisation  Act of 27 June 1921, amended by the Act of 2 May 2002

4. Euro Contrôle Route  Specifications ◦ Association of physical persons and legal entities ◦ International utility ◦ Non-profit for its members ◦ Legal capacity given by a Royal Degree ◦ Belgian regulation, entity under private law ◦ Very flexible ◦ Non-liability between the association and its members

5. Euro Contrôle Route  Comparison ◦ CORTE  Public and private entities  Funding by contributions and EU-projects ◦ CIECA (International Commission for Drivers Testing)  Primarily public entities  Funding by contributions and EU-projects ◦ European Safety Transport Council (ETSC)

6. Euro Contrôle Route  Prerequisites and next steps: ◦ Basis of the constitution : the administrative arrangement + few modifications to bring the AA into line with the regulation ◦ If accord  Notary  Notary: inspection of the conformity of the Statutes with the Act of 27/06/1921; and continuation of the procedure (deposite at the Clerck’s Office, Publication in Official Journal, request of the legal capacity )  Day of signature: possibility for the Association to act on its behalf

7. Euro Contrôle Route Groupement Européen de Coopération Territoriale European Grouping of Territorial Cooperation Regulation (EC) No 1082/2006

8. Euro Contrôle Route  Scope of the regulation: ◦ Territorial, interregional and cross-border cooperation ◦ Strenghtening economic and social cohesion ◦ Limit : cannot replace the prerogatives of the MS

9. Euro Contrôle Route  Use : primarily a tool for the management of EU Structural Funds  But also: ◦ Implementation of a Territorial Cooperation programme ◦ Partner in an Territorial Cooperation project with ◦ Other cooperation actions with EU-funding without ◦ Other cooperation actions without EU-funding  /!\ actions outside EU-funding can be restricted by MS

10. Euro Contrôle Route  Legal personality ◦ Due to the Regulation ◦ The day of the registration and/or publication ◦ Under public law  Ability of: ◦ Acquisition of properties ◦ Hire personnel ◦ Take part in a contract ◦ Be party to legal proceedings

11. Euro Contrôle Route  Scope of action and limits : ◦ To act within the confines of the tasks given in the Convention ◦ No “sovereign competency” of the MS ◦ Action outside EU-founding can be restricted by MS  But MS cannot touch at those aspects : “the ERDF may contribute to promoting legal and administrative cooperation, the integration of cross-border labour markets, local employment initiatives, gender equality and equal opportunities, training and social inclusion” (art. 6, Regulation (EC) 1080/2006)

12. Euro Contrôle Route  Managing an EGTC  At least: a General Assembly, and one Director → significant flexibility for the rest of the pragmatic organisation  Budget : adopted by the assembly  Management of public funds : control by the MS where the EGTC is registered  Liquidation, dissolution, current law : the one where the EGTC is registered  Change if the statutes : notification and accord of all the MS

13. Euro Contrôle Route  Liability: ◦ The EGTC is liable for its debts ◦ If the EGTC is not able to reimbourse saib debts, the EGTC are then held liable → a MS shall limit the amout of its liability →Another MS shall then limit its own liability in reaction →A MS shall refuse to take part of an EGTC in which one a MS has limited its own liability

14. Euro Contrôle Route  Steps of setting up: 1.Preparation : a)Prospection  State of registration: Restrictions ? Obligations ? Benefits? Disadvantages? b)Proposition of a Convention and statutes : Administrative arrangement and Internal regulation  Few adaptations required to bring the texts in line with the Regulation 1082/2006

15. Euro Contrôle Route  Steps of setting up: 2.Notification to Members States – request autorisation of participation  Special procedure in each MS  In Belgium : ask to the Ministry of Foreign Affairs, Negociation with other MS, then approbation my the Council of Ministers

16. Euro Contrôle Route  Steps of setting up: 3.Setting-up of the EGTC and its organs  Process of notifications done, authorisations given  Convention signed, statutes adopted  Regsitration in the MS, publication in the Official Journal of the MS  From this date: recognition of the legal capacity, the EGTC can begin to act on its behalf  Publication in the Official Journal of the EU within 10 days

17. Euro Contrôle Route  Costs: ◦ No special financial costs, except the publication costs in the final step (150-200€) ◦ But : prospective studies, and secretariat costs for the centralisation and coordination of informations   Important human costs and personnal investment

18. Euro Contrôle Route AISBLEGTC Legal capacityyes Under … lawprivatepublic Legal basisBelgian lawEuropean law Liability of membersnoyes Main cost≈600 – 1000€human Indicative duration of setting-up 1-2 years2,5 y at least* Modification of statutesUp to the AG Notification and accord each MS * : GECT EUKN, 6 pays membres, début 2009, toujours pas créé

19. Euro Contrôle Route  Goal : final choice during the Steering Committee of November  For that: ◦ Consultation in each MS ◦ If needed, obtain a mandate to make that choice  In the meantime: ◦ Dissemination of support documents