Parltrack

Proposal for a regulation – amending act
Recital 2

(2) In that Report, the Commission announced its intention to propose a limited number of modifications to the EGTC Regulation to facilitate the establishment and operation of EGTCs, as well as clarification of certain existing provisions. Obstacles to establishing new EGTCs, including, where the outermost regions are concerned, the maximum distance of 150 km, should be removed while maintaining continuity in and facilitating the operation of existing ones, thus allowing more extensive use of EGTCs to contribute to better cooperation and policy coherence among public bodies without additional burdens on national or European administrations.

Amendment 25 #

Proposal for a regulation – amending act
Recital 3

(3) ~~The creation of an EGTC is a matter to be decided by its members and their national authorities, and is not automatically associated with any legal or~~Given the particular nature of their activities and their contribution to multi- level governance, EGTCs may be granted specific financial aid~~vantages~~ at the Union level inasmuch as they lend themselves especially well to cross-border cooperation.

Amendment 26 #

Proposal for a regulation – amending act
Recital 4

(4) The Treaty of Lisbon has added the territorial dimension to Cohesion Policy and replaced “Community” by the “Union”. The new terminology should therefore be introduced into the EGTC Regulation and at the same time find visible practical expression, given that the object is to promote the harmonious development of the European Union as a whole and it is, to that extent, unfair to exclude the outermost regions from the outset.

Amendment 27 #

Proposal for a regulation – amending act
Recital 4 a (new)

Article 174 of the TFEU states that particular attention must be paid to rural areas, areas affected by industrial transition, and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross- border, and mountain regions.

Amendment 28 #

Proposal for a regulation – amending act
Recital 4 b (new)

(4b) Article 349 of the TFEU calls for specific measures to be adopted to take account of the structural social and economic situation of the outermost regions, which is compounded by certain specific features which severely restrain their development.

Amendment 29 #

Proposal for a regulation – amending act
Recital 5

(5) Experience with EGTCs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other European policies. The efficiency and effectiveness of EGTCs should be enhanced by broadening the nature of EGTCs, to find possibilities for such types of cooperation beyond Cohesion Policy as well. EGTCs have the potential to re-activating the economy and meeting the objectives of the Europe 2020 Strategy. Particular attention should be paid to cooperation with regard the enhancement of the labour market.

Amendment 30 #

Proposal for a regulation – amending act
Recital 5

(5) Experience with EGTCs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other European policies. ~~The efficiency and effectiveness of EGTCs should be enhanced by broaden~~EGTCs should therefore not be discriminated against when they are deemed to be a single partner for the purposes of calls for projects related to EU sectoral policies, and recognition should be accorded to their role ing the ~~nature of EGTC~~establishment of integrated European Union policies.

Amendment 31 #

Proposal for a regulation – amending act
Recital 7 a (new)

(7a) EGTCs often associate different administrative levels and so realise systems of multilevel governance. More flexibility in management structures is therefore needed for effective functioning of complex systems.

Amendment 32 #

Proposal for a regulation – amending act
Recital 8

(8) While point (d) of Article 3(1) of the EGTC Regulation allows that bodies established under private law may become members of an EGTC provided that they are considered as being ‘public law bodies’ in terms of Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, EGTCs may be used in the future to manage jointly public services ofin order to respond to concrete needs of cross border regions; particularly to focus on general economic interest or infrastructures. Other private or public law actors may therefore also become members of an EGTC. Consequently, ‘public undertakings’ within the meaning of Article 2(1)(b) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors should be covered as well.

Amendment 33 #

Proposal for a regulation – amending act
Recital 12 a (new)

(12a) It should be made clear that fostering territorial cooperation between these regions, regarded as outposts of the EU, strengthens relations and helps to promote new markets for European regions, taking advantage of the historical and cultural synergies existing between these regions and other countries in the world.

Amendment 34 #

Nuno TEIXEIRA

Proposal for a regulation – amending act
Recital 12 a (new)

(12a) Given their potential as a means of giving effect to Union initiatives and projects and of implementing European sectoral policy programmes, and the need for them to be made eligible for such initiatives, projects, and programmes, European groupings of territorial cooperation deserve to have a higher profile and should be integrated more fully into European and national legal systems, in keeping with the principles of legal security and certainty.

Amendment 35 #

Proposal for a regulation – amending act
Recital 14

(14) Experience from the setting up of EGTCs shows that the three months period for approval by a Member State has rarely been respected. The period should therefore be extended to six months. On the other hand, in order to create legal certainty after that period, the convention should be deemed to be approved by tacit agreement. While Member States may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the EGTC Regulation, derogations to the provision concerning tacit agreement after the period of six months should be ruled out. The 6 month period provided for the Member State to approve the set up of EGTCs should allow enough time to the Member State to express its concerns with regard the establishment of EGTCs, and also for the applicants to take necessary steps to improve their application.

Amendment 36 #

Oldřich VLASÁK

Proposal for a regulation – amending act
Recital 14

(14) Experience from the setting up of EGTCs shows that the three months period for approval by a Member State has rarely been respected. The period should therefore be extended to ~~six~~four months. On the other hand, in order to create legal certainty after that period, the convention should be deemed to be approved by tacit agreement. While Member States may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the EGTC Regulation, derogations to the provision concerning tacit agreement after the period of six months should be ruled out.

Amendment 37 #

Proposal for a regulation – amending act
Recital 17 a (new)

(17a) Stronger participation of civil society organisations in the establishment of EGTCs and also in the possibility of acceding existing EGTCs should be strongly encouraged.

Amendment 38 #

Proposal for a regulation – amending act
Recital 19

(19) The purpose of an EGTC should be extended to cover the facilitating and promotion of territorial cooperation in general, ~~including~~bringing down barriers in territorial cooperation, including focus on strategic planning and the management of regional and local concerns in line with Cohesion and other Union policies, thus contributing to the Europe 2020 strategy or to the implementation of macro-regional strategies. In addition, it should be clarified that a given competence needed for the efficient implementation of an EGTC should be represented by at least one member in each of the Member States represented.

Amendment 39 #

Proposal for a regulation – amending act
Recital 19

(19) The purpose of an EGTC should be extended to cover the facilitating and promotion of territorial cooperation in general, including strategic planning and the management of regional and local concerns in line with Cohesion and other Union policies, thus contributing to the Europe 2020 strategy or to the implementation of macro-regional strategies. ~~In addition, it should be clarified that a given competence needed for the efficient implementation of an EGTC should be represented by at least one member in each of the Member States represented~~The contribution which EGTCs are to make to the achievement of the above-mentioned strategic objectives should therefore be clarified at the time when partnership contracts are concluded between the Commission and Member States and when operational programmes are drawn up by Member States with EGTCs on their territory.

Amendment 40 #

Proposal for a regulation – amending act
Recital 26

(26) It should be clarified that the convention – and given the importance of this issue, not the statutes – should indicate the rules applicable to the EGTC’s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures. Several options should be available to the EGTCs. One such option is to acquire the status specific to the staff of European Union agencies. However, the specific arrangements concerning personnel management and recruitment procedures should be addressed in the statutes.

Amendment 41 #

Proposal for a regulation – amending act
Recital 32

(32) Coordinated efforts for awareness raising among the institutions, the Member States and the regions with regard the potentials the EGTCs carry in themselves should be undertaken, in order to improve the visibility of the possibilities to use EGTCs as instruments available for cross-border cooperation in all EU policy areas. It should be clarified that Member States inform the Commission about any provisions adopted to implement the EGTC Regulation and to submit these provisions as well as any amendments thereof. In order to improve the information and coordination between the Commission, the Member States and the Committee of the Regions, it should be specified that the Commission will transmit these provisions to the Member States and to the Committee of the Regions. That Committee has set up an EGTC platform allowing all the stakeholders to exchange their experiences and good practices and to improve communication on EGTC opportunities and challenges, facilitating the exchange of experiences on the establishment of EGTCs at territorial level and sharing knowledge of best practices on territorial cooperation.

Amendment 42 #

Proposal for a regulation – amending act
Article 1 – paragraph 2 – subparagraph 2

Regulation (EC) No 1082/2006
Article 2 – paragraph 1

An EGTC shall be considered to be an entity of the Member State where it has its registered office for the purposes of determining the applicable law. However, the other Member States which are stakeholders in the EGTC must recognise the specific provisions adopted by the above procedure.”

Amendment 43 #

Nuno TEIXEIRA

Proposal for a regulation – amending act
Article 1 – paragraph 3 – point b

Regulation (EC) No 1082/2006
Article 3 – paragraph 2

2. An EGTC shall be made up of members drawn from the territory of at least two Member States, except as provided for in Article 3a(2), and shall be competent to act on behalf of its members for the purpose of implementing cooperation projects and programmes.”

Amendment 44 #

Proposal for a regulation – amending act
Article 1 – paragraph 3 – point e a (new)

(ea) organisations representing civil society.”

Amendment 45 #

Proposal for a regulation – amending act
Article 1 – paragraph 5 – point a – subparagraph 1

Regulation (EC) No 1082/2006
Article 4 – paragraph 3

Following notification under paragraph 2 by a prospective member, the Member State concerned shall approve the convention, taking into account its constitutional structure, and the prospective member’s participation in the EGTC, unless it considers that such participation is not in conformity with this Regulation, other Union law concerning the activities of the EGTC or national law concerning the competences of the prospective member or that such participation is not justified for reasons of public interest or of public policy of that Member State. In such a case, the Member State shall give a statement of its reasons for withholding agreement or shall suggest the necessary amendments to the convention to enable the prospective member’s participation. The 6 month period provided for the Member State to approve the set up of EGTCs has to allow enough time to the Member State to express its concerns with regard the application submitted and also for the applicants to react on the concerns and eliminate shortcomings of the application. Any delays in the process should be avoided and the 6 month period for the approval process should under no conditions be prolonged.

Amendment 46 #

Oldřich VLASÁK

Proposal for a regulation – amending act
Article 1 – paragraph 5 – point a – subparagraph 2

Regulation (EC) No 1082/2006
Article 4 – paragraph 3

The Member State shall reach its decision within a deadline of ~~six~~four months from the date of receipt of an application in accordance with paragraph 2. If the Member State concerned does not respond within the time limit laid down, the convention shall be deemed to be approved.

Amendment 47 #