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INTERACT HANDBOOK

THE EUROPEAN GROUPING OF TERRITORIAL

COOPERATION (EGTC)

WHAT USE FOR EUROPEAN TERRITORIAL COOPERATION

PROGRAMMES AND PROJECTS?

Updated version May 2008

AECT

EAYY

EGTC

EGTS

EOEΣ

ESUS

ETBG

ETEC

ETKR

ETSG

EVTZ

EZÙS

EGTC

REKT

ISBN 3-902558-02-4

Bratislava.

You are permitted to print or download extracts from this material for your personal use. This material is allowed

to be used for public purposes provided the source is acknowledged. None of this material may be used for any

commercial purpose.

Printed in Belgium, European Commisison, June 2008

INTERACT Point Vienna is funded by INTERACT, which is part of Objective 3 European Territorial

Cooperation. INTERACT is co-financed by the European Regional Development Fund (ERDF).

INTERACT Point Vienna is managed by the City of Vienna Municipal Department 27.

INTERACT is designed to capitalise on the vast pool of experience and expertise accumulated through

INTERREG in the areas of regional development, cross-border cooperation, transnational cooperation and

interregional cooperation.

INTERACT Point Vienna does not warrant or assume any legal liability or responsibility for the accuracy,

completeness or usefulness of any information, product or process disclosed in or connected to this document.

The essentials of this Handbook were drafted by following consortium of experts:

Dr. Hannes Schaffer

DI Christina Ringler

http://www.mecca-consulting.at

Martin Mühleck

http://www.a-e-r.org

INTERACT Point Vienna

Museumstrasse 3/A/II

AT - 1070 Vienna

www.interact-eu.net

t: +43 1 4000 27 085

f: +43 1 4000 99 27 080

e: ip.vienna@interact-eu.net

PREFACE

EGTC is an acronym that is on everybody's lips, from local to national authorities, across the

European Union’s territory and even on its external borders. The ‘European Grouping of Territorial

Cooperation’ (EGTC)1 is a Community legal instrument that has been directly applicable in all

EU Member States since 1 August 2007. While recourse to EGTC is optional, this dedicated

instrument offers a new opportunity for strengthening the management aspects of territorial

cooperation activities.

The European Commission (EC), which launched the process by originally submitting the proposal

for a Regulation on a European Grouping of Cross-border Cooperation on 14 July 2004, will closely

monitor developments in this regard.

The Committee of the Regions (CoR), officially appointed by the EGTC Regulation to hold a register

of EGTCs (by collecting their conventions and statutes), also plays a key role in this process.

In line with its mandate to support the implementing authorities of European Territorial Cooperation

programmes in day-to-day management issues, INTERACT saw the need to provide an information

and training tool on this new instrument that is directly, though not solely, targeted at European

Territorial Cooperation programmes and projects. In this regard, the role of INTERACT is to be seen

as complementary to those of the above-mentioned institutions, and the works2 already available

have been used for the development of this Handbook.

The development of the EGTC Handbook was coordinated by INTERACT Point Vienna. The

Handbook was drafted by mecca consulting in cooperation with the Assembly of European Regions.

Its content was reviewed on two occasions by Prof. Levrat of the University of Geneva and

representatives of different institutions concerned also reviewed its content and provided useful

inputs, for which we are grateful.

INTERACT Point Vienna

May 2008

DISCLAIMER: This publication does not necessarily reflect the opinion of the members of the

INTERACT Monitoring and Steering Committee or the above-mentioned institutions.

1 Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European Grouping of

Territorial Cooperation

2 See in particular the study by the Committee of the Regions: The European Grouping of Territorial Cooperation, directed by

Prof. Levrat, University of Geneva, January 2007

TABLE OF CONTENTS

1. CONTEXT AND AIM OF THE HANDBOOK...................................................................... 7

1.1. BACKGROUND – THE GENESIS OF THE EGTC AND THE STATE OF THE ART........ 7

1.2. METHODOLOGY ............................................................................................................... 9

1.3. CONTENT ........................................................................................................................ 10

2. GENERAL INFORMATION ON THE EGTC.................................................................... 12

2.1. WHAT IS THE EGTC FOR?............................................................................................. 12

2.2. CHARACTERISTICS OF AN EGTC ................................................................................ 12

2.3. MEMBERSHIP.................................................................................................................. 13

2.4. APPLICABLE LAW........................................................................................................... 14

2.5. OBJECTIVES AND TASKS OF AN EGTC....................................................................... 14

2.6. ALTERNATIVE INSTRUMENTS AVAILABLE ................................................................. 15

3. STATUS OF THE NATIONAL PROVISIONS IN THE EU MEMBER STATES............... 17

3.1. INTRODUCTION.............................................................................................................. 17

3.2. MEMBER STATES IN WHICH NATIONAL PROVISIONS HAVE BEEN ADOPTED...... 18

3.3. MEMBER STATES IN WHICH NATIONAL PROVISIONS HAVE NOT BEEN ADOPTED

OR ARE UNDER ADOPTION.......................................................................................... 20

3.4. THE EGTC AND THIRD COUNTRIES ............................................................................ 22

3.5. WHAT TO DO IF NATIONAL PROVISIONS ARE NOT YET IN PLACE? ....................... 23

4. ROADMAP FOR SETTING UP AN EGTC....................................................................... 25

4.1. INTRODUCTION TO THE ROADMAP ............................................................................ 25

4.1.1. Genesis of the roadmap................................................................................................ 25

4.1.2. How to use the roadmap?............................................................................................. 25

4.1.3. General methodological notes ...................................................................................... 26

4.1.4. EGTC for the management of a European Territorial Cooperation programme........... 26

4.1.5. EGTC for the management of a European Territorial Cooperation project .................. 27

4.1.6. The EGTC Roadmap .................................................................................................... 30

4.2. PREPARATION PHASE................................................................................................... 31

4.2.1. Analysis of the needs and objectives of the cooperation.............................................. 31

4.2.2. Definition of the territorial scale..................................................................................... 32

4.2.3. Identification of the essential competences and skills .................................................. 33

4.2.4. Identification of the partners.......................................................................................... 35

4.2.5. Exploration of the available national legal frameworks................................................. 36

4.2.6. Consideration of the timing and potential risk of delays ............................................... 37

4.3. DECISION PHASE........................................................................................................... 38

4.3.1. Consideration of other instruments or cooperation structures...................................... 38

4.3.2. Verification of the legal feasibility of the planned proposal ........................................... 39

4.4. IMPLEMENTATION PHASE ............................................................................................ 40

4.4.1. Location of the registered office .................................................................................... 40

4.4.2. Drafting of the convention ............................................................................................. 41

4.4.3. Drafting of the statutes .................................................................................................. 43

4.4.4. Notification of the convention and the statutes ............................................................. 44

4.4.5. Publication of the convention and the statutes ............................................................. 44

4.4.6. Launching the EGTC..................................................................................................... 45

4.5. PERFORMANCE OF AN EGTC....................................................................................... 46

4.5.1. Budget and control of financial management of public funds ....................................... 47

4.5.2. Liquidation, insolvency and cessation of payments...................................................... 49

4.5.3. Liability .......................................................................................................................... 49

4.5.4. Evaluation..................................................................................................................... 50

4.6. DISSOLUTION ................................................................................................................. 50

4.7. CONCLUSIONS ............................................................................................................... 52

5. CASE STUDIES ON EGTCS IN PREPARATION AND OTHER STRUCTURES........... 54

5.1. INTERREG-IV-A PROGRAMME GREATER REGION.................................................... 55

5.2. GALICIA-NORTHERN PORTUGAL WORKING COMMUNITY....................................... 56

5.3. MATRIOSCA ADRIA-ALPE-PANNONIA.......................................................................... 58

5.4. ALPS MEDITERRANEAN EUROREGION ...................................................................... 59

5.5. HOSPITAL OF CERDANYA (FRANCE/SPAIN)............................................................... 61

5.6. EUROMETROPOLE LILLE-KORTRIJK-TOURNAI.......................................................... 62

5.7. EUROREGION ISTER-GRANUM.................................................................................... 65

5.8. EURODISTRICT SAARMOSELLE................................................................................... 67

5.9. FRANCE-VAUD-GENEVA CONURBATION - NON-APPLICABILITY OF THE EGTC

INSTRUMENT .................................................................................................................. 70

5.10. OVERVIEW OF EGTCS UNDER CONSIDERATION/IN PREPARATION/ALREADY

FUNCTIONING................................................................................................................. 72

6. CONCLUSIONS ............................................................................................................... 77

6.1. ADVANTAGES OF THE EGTC........................................................................................ 77

6.2. LIMITATIONS OF THE EGTC.......................................................................................... 79

6.3. FINAL RECOMMENDATIONS......................................................................................... 80

BIBLIOGRAPHY.......................................................................................................................... 83

LITERATURE............................................................................................................................... 83

WEBSITES AND ONLINE DOCUMENTS .................................................................................... 84

FURTHER SOURCES .................................................................................................................. 85

LIST OF ACRONYMS................................................................................................................... 87

ANNEXES .................................................................................................................................... 89

ANNEX 1 – ROADMAP FOR SETTING UP AN EGTC………………………………………………90

ANNEX 2 – EGTC MODEL CONVENTION, TEMPLATE FOR USE............................................ 99

ANNEX 3 – EGTC MODEL STATUTES, TEMPLATE FOR USE............................................... 102

ANNEX 4 – OTHER AVAILABLE LEGAL INSTRUMENTS FOR THE PURPOSE OF

TERRITORIAL COOPERATION ................................................................................................. 108

ANNEX 5 – USEFUL LINKS AND CONTACTS.......................................................................... 114

CHAPTER 1

CONTEXT AND AIM OF THE HANDBOOK

INTERACT Handbook on the EGTC Context and aim of the Handbook

page 7

1. CONTEXT AND AIM OF THE HANDBOOK

1.1. Background – The genesis of the EGTC and the state of the art

Until the end of the programming period 2000-2006, very few INTERREG programmes were

directly managed by a joint integrated management body, e.g. in the form of Euroregion or

other cross-border structures with legal personality (only 6% of the INTERREG IIIA programmes

were managed in this way3).

Instead, management functions (primarily Managing Authority, Paying Authority, Joint Technical

Secretariat) were usually fulfilled by regional or national institutions (regional councils, ministries,

etc.) from one or more participating countries.

Numerous reasons can be posited for this, the main one being the absence or lack of an

appropriate legal framework for the setting-up of such joint management structures.

The European Court of Auditors, the European Parliament and the European Commission

therefore saw the need to create an adapted instrument and on 14 July 2004, the European

Commission proposed a Regulation to create a European Grouping of Cross-border Cooperation

(EGCC)4. This proposal by the European Commission was part of the Cohesion legislative

package for the programming period 2007-135, consisting of a general Regulation and a

Regulation for the European Social Fund (ESF), the Cohesion Fund and the European Regional

Development Fund (ERDF), respectively.

This new instrument was mainly, though not exclusively6, meant to be used for EU programme

and project management: as a matter of fact, recourse to an EGTC for programme management

is one way (among others) of complying with the principle of joint management and single

management structures (Articles 59 and 60 of Regulation (EC) No 1083/2006). Another reason

for creating such instrument is the application of the principle of non-discrimination:

cooperation should not be more difficult between partners from two different Member States than

between partners located in the same Member State.

The focus of the draft regulation on cross-border cooperation was soon abandoned and the

scope of the instrument was enlarged to include all types of territorial cooperation7. The

instrument was thus renamed European Grouping of Territorial Cooperation (EGTC), and was

eventually approved, in the form of a Regulation of the Council and the European Parliament, on

5 July 2006. Following the approval of the Regulation, which has been directly applicable in all 27

EU Member States since 1 August 2006, Member States had one year's time to make national

provisions to ensure the effective application of this Regulation89. To date, this process has not

yet been completed in all EU Member States (see Chapter 3).

3 INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG programmes - Legal aspects

and partnerships, 2006.

4 COM (2004) 496 final.

5 Regulation (EC) No 1082/2006: however it is a normative instrument whose validity is not limited to 31.12.2013.

6 The four types of EGTC are presented in detail in Point 2.1.

7 A distinction is made between 'European Territorial Cooperation' in the meaning of the EU-funded programmes that

replace the former INTERREG programmes, and 'territorial cooperation' in a more general sense (cross-border,

transnational or interregional cooperation projects/actions, with or withouth EU-funding).

8 Art. 16(1) of Regulation (EC) No 1082/2006 covers the obligation of Member States to make such provisions as are

appropriate to ensure the effective application of this Regulation. These provisions should have been already made

until 1 August 2007.

9 Throughout the document this process will be referred as the ‘implementation’ or ‘integration’ of the EGTC Regulation

into the national legal systems.

INTERACT Handbook on the EGTC Context and aim of the Handbook

page 8

By 1 August 2011, the Commission will forward to the European Parliament and the European

Council a report on the application of the EGTC Regulation, together with proposals for

amendments where appropriate. Even in the absence of proposals by the Commission, the

Regulation will remain in force.

Fig. 1: Genesis of the EGTC

Further details on the genesis of the EGTC are provided in the INTERACT legal study10 and the

EGTC study11 of the Committee of the Regions.

Objective

The objective of the EGTC instrument is to propose a single framework for the legal structuring of

territorial cooperation activities throughout the European Union, while remaining an optional tool.

10 INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG programmes - Legal aspects

and partnerships, 2006.

11 The European Grouping of Territorial Cooperation, directed by Prof. Levrat, University of Geneva, Committee of the

Regions, January 2007.

INTERACT Handbook on the EGTC Context and aim of the Handbook

page 9

Current challenges

The main challenges at the moment are the following:

− As already mentioned above, not all Member States have yet made the necessary

provisions. See Chapter 3 for further details on the current status;

− The EGTC is a new instrument which is not yet well known and which suffers from:

- A lack of simplicity: the name is not easy to remember and has changed from

EGCC to EGTC. The acronym also differs from language to language;

- A lack of concreteness: many regions are interested in this instrument, but too

few concrete examples of EGTCs are available so far.

− The EGTC is, among others, intended as an instrument for European Territorial

Cooperation programme management, and if programme partners want to entrust

programme management to an EGTC, they should start making preparations as soon as

possible. However, programme partners are already busy with all the requirements for

the setting-up of the new Operational Programmes, and the EGTC, being an optional and

untested instrument, is not considered a high priority for the moment.

First EGTC

The first EGTC officially registered is the Eurometropole Lille-Kortrijk-Tournai. It

was created on 28 January 2008, with the first meeting of its Constitutive

Assembly. The EGTC brings together 14 partners from the urban French-Belgian

border area around Lille (FR), Kortrijk (BE, Flemish Region) and Tournai (BE,

Walloon Region).12

1.2. Methodology

INTERACT’s scope, based on its mandate to support European Territorial Cooperation

programmes and, indirectly, projects, is essentially focused on two of the four main EGTC models

presented in Art. 7(3) of Regulation (EC) No 1082/2006:

− EGTC for the management of EU-funded programmes (in particular European Territorial

Cooperation programmes);

− EGTC for the management of EU-funded projects, with a focus on European Territorial

Cooperation projects.

For this reason, the Handbook provides practical information on the EGTC with a focus on

European Territorial Cooperation programme and project management questions (see in

particular Point 4.1.4. and 4.1.5.). The starting point for the provided information was the CoR

study13 'The European Grouping of Territorial Cooperation'. This has been supplemented by

literature research, questionnaires and additional information provided by experts (peer review by

Prof. Nicolas Levrat) and practitioners (EGTC Needs Assessment Meeting14; INTERACT

Seminars on the EGTC15 and follow-up review). In contrast to the above-mentioned study there is

no explicit concentration on legal issues and no elements that depend on the national

implementing provisions are included.

12 More information and contact details can be found under Point 5.6. The official date of creation of the EGTC is

21.01.2008 (‘Arrêté duPréfet de la région Nord-Pas-de-Calais’).

13 op. cit.

14 EGTC Needs Assessment Meeting. Vienna, 14.09.2007 - http://www.interact-eu.net/227138/675434/0/1351353.

15 First INTERACT Seminar on the EGTC, 26-27.11.2007, Vienna. The draft version of this Handbook was presented on

this occasion and reviewed afterwards.

INTERACT Handbook on the EGTC Context and aim of the Handbook

page 10

1.3. Content

Chapter 2 of the Handbook deals with general information on the EGTC Regulation. This is

followed by a brief overview (Chapter 3) of the Member States´ progress concerning the adoption

of national provisions. Chapter 4 presents the quintessence of the Handbook, which consists of

the roadmap for the implementation process of an EGTC. Here the setting up of an EGTC is

described step by step, including questions to be discussed by the partners and specific action

lists. Since only few EGTC have been set up to date, the selected case studies (Chapter 5) focus

on areas that are considering the establishment of an EGTC.

An INTERACT Frequently Asked Questions (FAQ) on the EGTC has been developed in

parallel to this Handbook and is available in electronic version in the EGTC Section of the

INTERACT Website.

CHAPTER 2

GENERAL INFORMATION ON THE EGTC

INTERACT Handbook on the EGTC General information on the EGTC

page 12

2. GENERAL INFORMATION ON THE EGTC

The following chapter deals with the EGTC Regulation in general and gives a brief overview of

the instrument.

2.1. What is the EGTC for?

Created by Regulation (EC) No 1082/2006 of the Council and the European Parliament of 5

July 2006, the European Grouping of Territorial Cooperation (EGTC) is a new Community legal

instrument at the service of public entities16 willing to develop projects and activities of common

interest in the field of territorial cooperation, as described in Articles 1 and 7 of the

aforementioned Regulation.

Four main models17 of EGTC are possible:

− EGTC in order to implement territorial cooperation programmes (European Territorial

Cooperation programmes). Example: EGTC as Managing Authority and/or Joint

Technical Secretariat of an INTERREG IVA programme;

− EGTC for implementing co-financed projects in the field of territorial cooperation under

the Structural Funds (ERDF, ESF, Cohesion Fund). Example: European Territorial

Cooperation projects (cross-border/transnational/interregional);

− EGTC for the purpose of carrying out other EU-funded territorial cooperation actions;

− EGTC in order to implement territorial cooperation actions outside any EU funding.

Fig. 2: The four models of EGTC according to Art. 7(3) of Regulation (EC) No 1082/2006

2.2. Characteristics of an EGTC

The EGTC Regulation, with direct applicability in all 27 EU Member States, offers a legal basis for

the creation of entities, called EGTCs, with a legal personality. In each Member State it enjoys

the maximum legal and contractual capacity conferred on legal persons according to the

respective national law18. This means, for example, that it may 'acquire or dispose of movable and

immovable property, employ staff and may be party to legal proceedings'19.

16 For more details see Point 2.3 on Membership.

17 Art. 7(3) of Regulation (EC) No 1082/2006.

18 Art. 1(4) of Regulation (EC) No 1082/2006.

19 Ibid.

INTERACT Handbook on the EGTC General information on the EGTC

page 13

2.3. Membership

An EGTC must be composed of members from at least two Member States belonging to the

following categories: local and regional authorities, other public entities or public-equivalent

bodies20, associations of public entities21 and, finally, Member States (national level).

The participation of Member States alongside regional or local authorities in a legal structure

subject to national law is an unprecedented phenomenon. The Member States as such can play

up to three different roles in the process of establishing an EGTC:

− They have to designate responsible authorities for the approval of 'national' EGTC22 and

the participation of prospective members falling under their jurisdiction;

− They have to designate competent authorities for the control of the management of public

funds by the EGTCs registered in their territories23;

− They can also become members24 of an EGTC.

Participation of private entities is excluded as such. However, entities fulfilling the criteria

listed in Art. 1(9) of Directive 2004/18/EC can be considered as ‘bodies governed by public law’

and are therefore eligible for participation in an EGTC. ‘A “body governed by public law" means

any body:

(a) established for the specific purpose of meeting needs in the general interest, not having

an industrial or commercial character,

(b) having legal personality and

governed by public law; or subject to management supervision by those bodies; or having

an administrative, managerial or supervisory board, more than half of whose members

are appointed by the State, regional or local authorities, or by other bodies governed by

public law.

Non-exhaustive lists of bodies and categories of bodies governed by public law which fulfil the

criteria referred to in (a), (b) and (c) of the second subparagraph are set out in Annex III. Member

States shall periodically notify the Commission of any changes to their lists of bodies and

categories of bodies’.

Additionally one should not forget the possibility to create public-private partnerships between

e.g. an EGTC and private entities, which do not fulfil the above criteria. This could be particularly

relevant for project management.

20 Art. 3(1)(d) of Regulation (EC) No 1082/2006,: 'bodies governed by public law within the meaning of the second

subparagraph 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’.

21 Associations can become members of an EGTC even if they are private-law based, as long as they fulfil the criteria

applicable to bodies governed by public law as set in the abovementioned EU Directive.

22 With the registered office in its own territory.

23 Art. 6 of Regulation (EC) No 1082/2006.

24 Art. 3(1) of Regulation (EC) No 1082/2006.

INTERACT Handbook on the EGTC General information on the EGTC

page 14

2.4. Applicable law

The EGTC is subject to the provisions of Regulation (EC) No 1082/2006 and the provisions of its

convention and its statutes, which the EGTC members must enact. For matters not explicitly

regulated by Regulation (EC) No 1082/2006, the laws of the Member State where the EGTC has

its registered office become applicable, since the act of setting up the office subjects the EGTC to

the national legislation of the State in which the registered office will be located25.

2.5. Objectives and tasks of an EGTC

The establishment of an EGTC should not be a goal in itself but a means to reach other

goals, such as long-term strategic developments, management of public services, of a

programme, etc. The EGTC is to be seen as an instrument for integrated territorial (multilevel)

governance in coherent areas split by borders. While recourse is optional, such

institutional build-up is expected to contribute to legal strengthening of cooperation in a given

area and to increased visibility and legitimacy of such cooperation.

The objective and tasks26 of an EGTC are laid down by its members in the convention, within

the limits set forth by the Regulation27. In particular, the EGTC is not entitled to exercise any tasks

concerning 'the exercise of powers conferred by public law or duties whose object is to safeguard

the general interests of the State or of other public authorities, such as police and regulatory

powers, justice and foreign policy’. For example, it is conceivable that an EGTC will be

established in order to manage a specific action or project (‘uni-functional EGTC’), or it may

function as a cooperation platform with several missions/tasks (‘multi-functional EGTC’),

including coordinating a joint development and/or solving common problems arising in the

cooperation area28.

In principle, an EGTC must not engage in commercial profit-oriented activities, such as e.g.

building and running a cross-border golf course29. It is, however, acceptable to join seven golf

courses in different Member States in one cooperation platform and market their existing

infrastructure ('7 Days of Golf – 7 Courses')30.

Services of general interest must also be considered differently, if the activity to be

implemented by the EGTC is a competence of all EGTC members, e.g. managing a public

equipment for the implementation of a service of general interest (transport, health, education,

etc.). Such activity is not purely commercial but implies a payment by the end-users for the

services provided by the EGTC (and often the price does not cover the real costs of the services

but only part of them – the rest would be covered by the members of the EGTC).

25 Schaffer, Hannes; Haselberger, Beatrix; Dillinger, Thomas; Zehetner, Franz: Europäischer Verbund für Territoriale

Zusammenarbeit (EVTZ) - ein Instrument zur grenzüberschreitenden Zusammenarbeit. Weinviertel Management.

26 While the main objective of each EGTC should be related to territorial cooperation in general (with the aim of

strengthening economic and social cohesion), an EGTC as such does not need to justify its direct and specific

contribution to the strengthening of economic and social cohesion.

27 Art. 7 of Regulation (EC) No 1082/2006

28 See Chapter 5 for examples of uni- and multi-functional EGTCs

29 op.cit.

30 ibid.

INTERACT Handbook on the EGTC General information on the EGTC

page 15

2.6. Alternative instruments available

The setting up of a specific joint body/structure such as an EGTC is costly (time, human

and financial resources etc) and this should be kept in mind by interested stakeholders. Indeed

for basic cooperation purpose, it is not always necessary to set up such structure, as in some

cases the signing of a partnership agreement, convention or memorandum of

understanding will be sufficient or more appropriate.

In some countries, a diversity of legal instruments for territorial/cross-border cooperation

already exists, based on interstate agreements (e.g. the Anholt, Benelux, Karlsruhe, Bayonne or

Brussels Agreements – see Annex 4) or based on national provisions. The EGTC supplements

these existing agreements and does not replace them; one should therefore consider all

instruments available and their relevance to the type of cooperation envisaged. In other

countries however, the EGTC is the first and only instrument available for this type of

cooperation.

Existing cooperation structures, in particular their conventions and statutes can for instance be

used as sources of inspiration and good practice for the development of EGTC documentation

and working procedures.

CHAPTER 3

STATUS OF THE NATIONAL PROVISIONS

IN THE EU MEMBER STATES

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

page 17

3. STATUS OF THE NATIONAL PROVISIONS IN THE EU MEMBER STATES

3.1. Introduction

Art. 16 of Regulation (EC) No 1082/2006 states that 'Member States shall make such provisions

as are appropriate to ensure the effective application of this Regulation'. The nature of the

national provisions may vary according to the national framework: law, decree, act etc. Also, the

federal nature of some countries (e.g. Belgium, Germany) may lead to the preparation of several

sets of provisions.

In principle, the national provisions should cover elements that have been left open in the

Regulation. Most national provisions clarify:

− The legal regime applicable to an EGTC domiciled in the Member State (private/public,

participation open to members with unlimited/limited liability or not)31;

− The types of tasks to be carried out by an EGTC domiciled in the Member State (national

restrictions are possible32);

− The notification process: authority in charge of receiving and approving the notification,

procedure, etc;

− The issue of participation of partners from third countries (authorised or not);

− Etc.

The national provisions, once adopted, must be notified to the European Commission and

the other Member States33.

The deadline for the adoption of such provisions was 1 August 2007. Only few Member States

had actually fulfilled this requirement by this date, and a few more have taken the necessary

provisions since then. In January 2008, the European Commission sent a reminder to those

Member States that had not adopted provisions yet.

The following chapter presents the status of the provisions in most of the EU Member States. The

information is based on:

− The findings of the questionnaire sent by the European Commission to the Member

States, whose results were presented in June 200734. 20 Member States out of 27

answered the questionnaire;

− The round tables organised in the INTERACT Needs Assessment Meeting35 and in the

first INTERACT Seminars on the EGTC, 26-27 November 2007 and 10-11 April 2008;

− A last update of information that was collected as a follow-up to the first Seminar.

31 Art. 12 of Regulation (EC) No 1082/2006

32 Art. 7(3) of Regulation (EC) No 1082/2006: ‘A Member State may limit the tasks that EGTCs may carry out without a

Community financial contribution. However, those tasks shall include at least the cooperation actions listed under

Article 6 of Regulation (EC) No 1080/2006’. In summary, such restrictions are rather limited as the first two types of

EGTC offer already a broad scope of possibilities and cover many fields of action.

33 Art. 16(1) of Regulation (EC) No 1082/2006

34 COCOF-07-0041-01-EN, 12 June 2007

35 INTERACT EGTC Needs Assessment Meeting. Vienna, 14.9.2007

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

page 18

Fig. 3: Overview on the status of national provisions on the

EGTC in the EU – May 200836

3.2. Member States in which national provisions have been adopted37

Bulgaria: The Council of Ministers adopted a decree on 29 August 2007, composed of 8 articles

and supplementary provisions (see decree in electronic Annexes). The decree entered into force

on the date of its publication, 4 September 2007. In terms of national provisions, it is to be noted

that only participants with unlimited liability are accepted, and EGTCs with their seat in Bulgaria

are to be considered as non-governmental organisations.

Denmark: In 2007 provisions were prepared for presentation to the Danish Parliament, but the

parliamentary process was interrupted due to a call for parliamentary elections in the autumn of

2007. In January 2008 the proposed provisions were presented to the Parliament and adopted on

30 April. They will enter into force on 1 June 2008. The provisions indicate that it will not be

possible to register EGTCs in Denmark if any of their members have limited liability38. One should

also note that these provisions do not apply to Greenland and the Faroe Islands39.

France: National provisions were adopted by the Senate on 24 January 2007 as part of a general

law dealing with various elements (‘Project de loi relatif à l'expérimentation du transfert de la

gestion des fonds structurels européens et à la coopération décentralisée’). Following the last

elections, the new National Assembly did not consider the text until after the summer 2007. The

proposed law presented to the National Assembly in October 2007 was refocused. After adoption

by the National Assembly and the Senate (3 April 2008), the law entered into force on 16 April

36 http://europa.eu/abc/maps/index_en.htm. Copyright: European Commission

37 In federal countries like Germany or Belgium, some entities have adopted provisions while others have not yet done so,

therefore these countries are presented under Point 3.3.

38 Chapter 2, §2.4 of the national provisions

39 Chapter 6, §12 of the national provisions

Caption

Member States in

which national

provisions have

been adopted

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

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200840. It contains a unique article, which modifies the ‘Code Général des Collectivités

Territoriales’. Participation in French EGTCs is also open to partners from neighbouring countries

members of the Council of Europe, which implies e.g. the possibility to associate partners from

Switzerland, Andorra of Monaco. An EGTC registered in France is governed by public law.

Greece: The Ministries of Economy and Finance and of Interior were responsible for the

preparation of the national provisions. General provisions were adopted on 23 November 2007

(Art. 22 of Law No 3613, see electronic Annexes41)42. These general provisions indicate, among

other things, that the Minister of the Interior is in charge of approving participation after

consultation with and consent of a committee in which the Ministry of Economy and Finance also

participates (Art. 2(b)). An EGTC with seat in Greece has the status of a non-profit company (Art.

2(c)). An administrative decree with further details was adopted in February 2008 and information

was circulated to all local and regional authorities, in order to present the legislation43.

Hungary was the first Member State to adopt national provisions on 25 June 2007 (see Act XCIX

in electronic Annexes). The legislation is concise and very liberal (all types of EGTCs are

envisaged). An EGTC in Hungary will be a non-profit business organisation. Members from non-

EU Member States are not excluded. In terms of liability, if a Hungarian local government

becomes member of an EGTC it shall have limited liability, other Hungarian members may

participate with unlimited liability44.

Portugal: The national provisions were adopted on 27 September 2007 by the Council of

Ministers.45 The Decree Law No 376/2007 was published on 9 November 2007 (available in

Portuguese and English versions – see electronic Annexes). According to this decree law, an

EGTC in Portugal will be a ‘public collective associational body’ (Art. 2). The Financial Institute for

Regional Development (IFDR) is in charge of notifications received from prospective members

(Art. 5(2)), and, once the notification is accepted, organises a consultation with the concerned

members of the Government (Art. 5(5)) to verify the conformity of the draft convention with EU

and Portuguese law and with Portugal's international commitments. Provisions still need to be

adopted for the Autonomous Regions of Madeira and Acores, as the national provisions adopted

so far only concern the continental part of the country.

Romania: A working group was established to draw up the national provisions, which were

eventually adopted on 12 November 2007. An EGTC in Romania will be considered as non-profit

legal entity acting in the public interest. The Ministry of Development, Public Works and Housing

is responsible for the notification process, but other institutions may be consulted during this

process; the court located in the place where the EGTC has its registered office checks the

convention and the statutes from a legal point of view, and finally the registration of the statutes is

done by the Ministry of Development, Public Works and Housing.

Slovakia: The provisions were passed in the Parliament in February 2008: The entry into force

took place on 1 May 2008.

Slovenia: The Government of the Republic of Slovenia adopted a government decree on 20

March 2008 on the basis of a government law. In Slovenia members could establish an EGTC

under private law.

Spain: National provisions, in the form of a decree (Decree No 37/2008, see electronic Annexes)

were adopted on 18 January 2008 and entered into force on 20 January. The decree contains 13

40 Law No 2008-352 of 16 April 2008

41 All national provisions are available for download on the INTERACT Website, under the section EGTC - Downloads

42 Information collected from Greek national body, email of 11.12.2007

43 Additional information from Greek participant in the EGTC Seminar, 10-11 April 2008

44 Additional information from Hungarian national body, email of 22.04.2008

45 Additional information from Portuguese regional body, email of 3.10.2007

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

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articles, which precise the legal personality of an EGTC registered in Spain (public entity).

Spanish prospective members shall send their notification to the Ministry of Public Administration,

which will consult other ministries before decision. The notification should be accompanied by a

copy of the draft convention and statutes; documentation stating the legal status of the

prospective members and, if applicable, their limited liability; finally, the decision of by the

decision-making organ of the prospective member authorising its participation in an EGTC.

United Kingdom: The act laid before Parliament on 10 July 2007 came into force on 1 August

2007 (see act in electronic Annexes). As regards the exercise of Member State options under the

EC Regulation, Article 8 of the act states that ‘A UK EGTC may not be formed with a member

which has limited liability’. All members of an EGTC to be set up in the UK must therefore have

unlimited liability. It is worth noting that a guidance note was drafted by the responsible

department (Department for Business, Enterprise and Regulatory Reform), which explains ‘What

an EGTC is, how to seek approval to become a member of an EGTC and what steps need to be

taken for a UK EGTC to acquire legal personality’46.

3.3. Member States in which national provisions have not been adopted or are under

adoption

Austria: Originally the partners envisaged adopting provisions at federal level, applicable

throughout the country, but due to constitutional constraints, it was agreed to opt for a regional

approach with nine regional sets and one federal set of provisions. A model proposal was jointly

elaborated - coordinated by the Land Kärnten - containing general provisions applicable to all

types of EGTC in Austria. Each Land and the federal authorities are now working on their

respective provisions which are expected to be in place by autumn 200847.

Belgium: The process is complex as each region/community has to adopt its own provisions,

territorial cooperation being a competence of the regions:

− Flanders: The decree, adopted by the Flemish Parliament on 21 December 2007, was

published in the Official Journal on 7 February 2008. Detailed rules were adopted by a

Decision of the Government which entered into force on 18 January 2008

− Walloon Region: The draft decree was to be presented to the Council of Ministers of the

Walloon Region in first reading on 21 February 2008. The various consultation processes

should lead to a final approval of the decree by the Parliament in plenary in June and its

publication at the end of June 200848;

− German-speaking Community: The draft decree was approved by the Government in

first reading on 7 February 2008. After completion of additional procedures, entry into

force is expected in autumn 2008. The draft decree is concise and consists of a single

article indicating that the Government is responsible for the implementation of the

Regulation49.

− Brussels-Capital Region: provisions will take the form of an order (‘ordonnance’).

− Federal level: The Government adopted on 21 December 2007 a Royal Decree for

EGTC members from the federal level.

Cyprus: After a series of consultations between all relevant government departments and the law

office, the planning bureau prepared a proposal to the Council of Ministers regarding the

establishment of EGTCs in Cyprus. In particular, an EGTC in Cyprus will be a non-profit company

46 The guide is available at: http://www.berr.gov.uk/files/file40650.doc

47 Information collected from Austrian regional body, 27.11.2007, 10.04.2008 and 30.05.2008

48 Information collected from Belgian regional body, 19.02.2008

49 Information collected from Belgian regional body, email of 13.02.2008 and 20.05.2008

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

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whose members will have limited liability according to Cyprus company law. Following the

presidential elections of February 2008 and the nomination of two new responsible ministers, the

adoption process is expected to quicken50.

Czech Republic: The Ministry for Regional Development is in charge of the preparation of the

national provisions. The proposal of law should be introduced to the Czech government until

September 2008. The law is foreseen to come into force in November 200951.

Estonia: The draft Act is at the moment in the Parliament for approval and should be adopted on

5 June during the third reading. By the draft Act, the Estonian Ministry of the Interior will be

responsible for receiving the notifications and preparing draft decisions on the approval/rejection

of Estonian participation in an EGTC, for decision by the Estonian Government. The Ministry of

Finance is appointed as national auditing authority and will control the use of public/state funds by

the EGTC. It is the Estonian Government that will have the right to decide (upon proposal by the

Ministry of the Interior) on the prohibition the activities or entail the withdrawal of Estonian

members from an EGTC5253.

Finland: The approval procedure is to be finalised during the spring, the law should then be

adopted until May and come into force until November 2008.

Germany: The Länder are in charge of the effective application of the EC Regulation in their

respective legislation. At federal level and in most Länder the responsible authorities have been

designed and provisions have been effectively adopted. The Federal Ministry of Economy is

available for any requests or questions (Mrs Kirsten Scholl) and will shortly publish an overview of

the status of the provisions in the 16 Länder.

Ireland: The drafting process of a Statutory Instrument is underway but implies a long procedure.

Italy: On 3 August 2007 the Council of Ministers approved a proposed decree to be signed by the

President of the Republic providing rules for the national implementation of the EGTC Regulation,

which received a negative opinion by the Council of State (Consiglio di Stato) on 7 November

2007. This constitutional body expressed the opinion that, considering the nature of the activities

foreseen for the EGTC, it is necessary to make recourse to a primary level rule (ordinary law),

and not to a secondary level rule. The Parliament must therefore intervene in the procedure in

order to prepare such a law. Because of the anticipated end of the current legislature's term, the

task will probably be given to the new Parliament to be elected in April 200854. In Italy the

competent authority to receive notifications will be the ‘Segretariato Generale della Presidenza

del Consiglio dei Ministri’; the assessment will be done in analogy to Italian administrative law by

the ‘Dipartimento per gli Affari Regionali e le Autonomie Locali della Presidenza’ that will ask the

opinion of other services55.

Latvia: The approval procedure was planned to start in the end of March 2008. An EGTC

registered in Latvia will be considered an association under public law, although associations are

normally under private law56.

Lithuania: Proposed provisions were submitted by a working group to the Government and

clarifications were requested on the issues of liability and public interest. Following adoption by

the Parliament, the provisions were expected to enter into force on 15 May. The responsible

50 Information collected from Cyprus national body, email of 18.02.2008

51 Information collected from Czech national body, email of 9.04.2008

52 Based on Art. 13 of Regulation (EC) No 1082/2006

53 Information collected from Estonian national body, email of 27.05.2008

54 Information collected from Italian national body, email of 12.02.2008

55 Information collected from responsible authorities

56 Information collected from responsible authorities

INTERACT Handbook on the EGTC Status of the national provisions in the EU Member States

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authority is the Ministry of the Interior. A characteristic is that Lithuanian members of an EGTC

will have limited liability, and an EGTC registered in Lithuania will be a public entity. The main

challenge in Lithuania at the moment is the general lack of information on the EGTC among

public institutions57.

Luxembourg: The legal basis for application is the law of 23 February 2001 on groupings of local

authorities. A very short law will be enacted to state this and to assign the Ministry of the Interior

and Spatial Planning as the competent authority to receive applications and documents. This

short law was approved by the Council of Ministers in early December 2007 and submitted to the

Parliament for approval58.

Malta: The final draft, prepared by the Ministry of the Interior, is ready and is in the process of

being sent to the Cabinet of Ministers for approval. This order gives the responsibility to the

Minister of Finance to act as the competent authority to receive the notifications and documents

as set out under Art. 4(4) of Regulation (EC) No 1082/2006. The main specificity of the national

provisions is the exclusion of members with limited liability59.

Netherlands: The Ministry of the Interior is designated as responsible ministry for the preparation

of national provisions. A first draft was presented in June 2007 but was not approved. A new draft

has to pass the First and Second Chamber and the final provisions are expected to be in place by

the end of 2008 at the latest60.

Poland: The recent political changes have caused delays in the preparation and adoption of

national provisions. The Ministry of Internal Affairs is the responsible authority. An interinstitutional

consultation was recently organised by the Ministry of Regional Development. A draft

law is expected to be adopted in the second quarter of 200861.

Sweden: In November 2006 the Swedish government appointed a special inquiry to analyse the

EGTC. The inquiry consulted representatives of neighbouring Member States around the Baltic

Sea and the Federation of Swedish Municipalities. The proposal submitted by the inquiry in

December 2007 will be sent out in March 2008 for a broad consultation with local and regional

authorities, institutions involved in cross-border cooperation, etc. On this basis a draft bill will be

submitted to the Parliament in autumn 2008 and the EGTC act is expected to enter into force on

1 January 200962.

3.4. The EGTC and third countries

Non-EU Member States are not concerned by this new instrument as such63, be they

candidate, pre-candidate or other third countries (such as Switzerland, Norway, Andorra, Ukraine

etc). However, participation of entities from third countries in an EGTC may be possible, as stated

in preamble clause 16 of Regulation (EC) No 1082/2006, under the following conditions:

− The third country adopts national legislation to create an instrument similar or close to the

EGTC. The integration of the EGTC provisions into the national legislation could be of

57 Information collected from Lithuanian national body, 27.11.2007

58 Information provided by Luxembourg national body, email of 29.01.2008

59 Information collected from Maltese national body, email of 10.12.2007

60 Information collected from Dutch national body, email of 13.12.2007

61 Information collected from Polish national body, email of 10.12.2007

62 Information collected from Swedish national body, email of 12.02.2008

63 The legal basis for the EGTC Regulation is Art. 159(3) of the EC Treaty, which relates to cohesion actions in the

Community, outside the Funds. This only applies to the territory of the Community, therefore it is not applicable to third

countries.

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particular relevance for candidate and pre-candidate countries as part of the integration of

the acquis communautaire;

− The third country may alternatively sign agreements with EU Member States in order to

enable their authorities to participate in EGTCs.

While the Regulation presents these two measures as alternative solutions ('legislation of

a third country or agreements between Member States and third countries'), it might be

necessary to both adopt national legislation and sign an interstate agreement, e.g. in

order to clarify relationships between third countries and Member States regarding

financial control procedures and because of the different powers and jurisdictions

involved in different countries, i.e. regional and national.

− Participation of entities from third countries in an EGTC is also subject to the national

provisions of the concerned Member State, whether these allow or not such

participation64.

3.5. What to do if national provisions are not yet in place?

Currently a wait-and-see trend is evident among most interested stakeholders, which is partly due

to the absence of individual national provisions in many Member States despite the

deadline of 1 August 2007. The calendar for such provisions is not known in all countries, which

increases uncertainties. However, recent experience has shown that where there is a strong

interest and lobby for the EGTC, such as in France or Portugal65, the preparation of national

provisions was speeded up in response to such interest.

As Regulation (EC) No 1082/2006 is directly applicable in all Member States, administrative

recourse is open to prospective EGTC members against the national authorities for non-respect

of this deadline. Even though these actions should be brought before national courts, Regulation

(EC) No 1082/2006 lays down many legal rules and principles that may be interpreted by the

European Court of Justice through the preliminary ruling procedure. Several provisions of the

Regulation provide for possible access to judges. However, recourse to legal proceedings delays

the process and therefore dialogue with national authorities seems more advisable in practice66.

64 See for instance the French provisions which enable partners from neighbouring third countries members of the Council

of Europe (Switzerland, Andorra, Monaco) to participate in an EGTC with registered office in France (See also Point

3.2).

65 See Point 3.2

66 Example: In Portugal the national body in charge of adopting the national provisions received draft conventions from

prospective members of EGTCs, which had a positive effect on encouraging the national level to adopt the legislation

rapidly (Communication at the Open Days, CoR meeting on the EGTC. Brussels, October 2007).

CHAPTER 4

ROADMAP FOR SETTING UP AN EGTC

INTERACT Handbook on the EGTC Roadmap for setting up an EGTC

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4. ROADMAP FOR SETTING UP AN EGTC

4.1. Introduction to the roadmap

This chapter provides a step-by-step roadmap for creating and implementing a European

Grouping of Territorial Cooperation, with specific attention paid to EGTCs for programme and

project management, whenever applicable.

4.1.1. Genesis of the roadmap

This roadmap was developed on the basis of Regulation (EC) No 1082/2006. The elements of the

Regulation were extracted and presented in chronological order, listing the different steps needed

to set up and implement an EGTC. The roadmap, partly inspired by the previous works of the

Committee of the Regions67, was further developed and reviewed by various actors, including

EGTC specialists and territorial cooperation practitioners.

4.1.2. How to use the roadmap?

The roadmap is to be used by the prospective members in a future EGTC as a practical tool for

reflection and decision-making. The roadmap presents the different phases identified in

creating and running an EGTC: Preparation, Decision, Implementation, Performance and

Dissolution. The summary chart below (see Fig. 4) illustrates these different phases and the

corresponding colour codes:

Fig. 4: Phases of setting up an EGTC

For each phase, the following information is given:

− Presentation and explanation of the step;

− Relevant sources in the EGTC Regulation – no reference is made in the roadmap to the

specific national provisions that may apply, but these should not be forgotten and must

therefore be carefully considered at each relevant step;

− Open questions: questions to be discussed by the prospective members in each phase;

− Action list: list of actions to be taken by the prospective members to close this step;

− Programme Management (PM): comments specifically applicable to EGTCs for

European Territorial Cooperation programme management;

− Project Management (PJM): comments specifically applicable to EGTCs for European

Territorial Cooperation project management.

67 Based on Committee of the Regions; Levrat, Nicolas: Eight steps to evaluate the feasibility of establishing the EGTC.

http://www.cor.europa.eu/En/activities/egtc_implement.htm

INTERACT Handbook on the EGTC Roadmap for setting up an EGTC

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This detailed roadmap is supported by a roadmap in table form, with colour codes corresponding

to the different phases identified (see Annex 1).

4.1.3. General methodological notes

The phases presented in the roadmap may be considered differently or the order of the

steps may be changed, e.g. where a cooperation structure already exists and wants to

transform itself into an EGTC, some of the steps are not needed (identification of the

partners, territory, etc). In other cases, the identification of the partners intervenes prior to the

identification of the territory, or the location of the registered office is pre-defined by the partners

(e.g. there is already an office available in one of the countries). The roadmap presents the

different steps to be followed, but no specific timing can be given for each of these steps as it will

vary greatly depending on the different types of cooperation envisaged.

In any case, potential delays must be taken into account, which cannot be calculated in

advance but need to be considered. See details under Point 4.2.6.

If the anticipated delays are too long as compared to the added value offered by the EGTC

instrument, prospective members may envisage recourse to other types of cooperation.

These may range from signing a cooperation agreement to the creation of another type of joint

structure, if other instruments are available (see Annex 4 for examples of other available

cooperation structures).

In any case, the following roadmap should be used carefully, taking into account potential

delays and drawbacks as well as other alternative solutions available, in order to

reach the most cost-effective solution for all partners involved. It is indeed very important

that all partners agree and commit to the chosen solution; therefore this solution must be

advantageous for all of them.

4.1.4. EGTC for the management of a European Territorial Cooperation programme

The European Commission is willing to promote the use of the EGTC for programme

management, as Art. 18 of Regulation (EC) No 1080/2006 shows: 'Member States participating in

an Operational Programme under the European Territorial Cooperation objective may make use

of the European Grouping of Territorial Cooperation under Regulation (EC) No 1082/2006 [...]

with a view to making that grouping responsible for managing the Operational Programme by

conferring on it the responsibilities of the Managing Authority and of the Joint Technical

Secretariat. In this context, each Member State shall continue to assume financial responsibility'.

In the current situation, where most Operational Programmes have already been approved by the

European Commission, it is rather unlikely that many of them will create an EGTC in the

next few years and transfer the management of the programme to this EGTC in the course

of the 2007-13 programming period. Such transfer is possible, however, and is even envisaged

by at least one Operational Programme: the Greater Region / Grande Région / Großregion

Cross-border Programme (see Point 5.1). The planned transfer stated in the Operational

Programme document should take place in the course of 2009. The function of Managing

Authority (MA) will be transferred from a Belgian public authority (Walloon Region) to the EGTC,

with registered office in France.

Generally speaking, a transfer of this kind requires very careful consideration. The timing factor

in particular must be taken into account, as well as the various procedures needed to endorse the

transfer of functions (MA and/or Joint Technical Secretariat (JTS)):

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− Update of programme documents (Operational Programme, Memorandum of

Understanding, document on the setting up of management and control systems68, etc;

− Update of implementation documents (guidelines for applicants, subsidy contracts, etc.);

− Update of working documents (working contracts with employed staff, if existing staff are

transferred to the EGTC);

− Transfer of documentation, databases, information, etc. to the EGTC;

− Transfer of the Technical Assistance (TA) budget to the EGTC – or the part of the TA

which is allocated to the EGTC. The part of the TA budget already spent or committed is

likely to be further managed and accounted for by the previous beneficiary, while the

EGTC will manage the remaining TA budget and programme budget – alternative options

might also be considered.

Such transfer should be planned in advance in order to avoid any delays and possible

drawbacks. If several programme functions are transferred to the EGTC, e.g. Managing Authority

(MA) and Certifying Authority (CA), there should be a clear division of tasks among the EGTC

staff, to be clearly explained in the document on the setting up of the management and control

systems69. Additionally, if the EGTC ensures the function of Managing Authority, the Audit

Authority of the Programme will have to be set up in the same country as the EGTC70.

4.1.5. EGTC for the management of a European Territorial Cooperation project

The EGTC and the Lead Partner Principle71

With the new programming period 2007-13, the application of the Lead Partner Principle (LPP)

has become compulsory. The main reason for implementing the LPP is to ensure the genuine

joint development and implementation of cross-border, transnational and interregional projects,

which was not always ensured in the past (e.g. single or mirror projects are now strictly

excluded). Cross-border and transnational projects must be composed of at least two partners

from two different Member States and satisfy a minimum of two of the four cooperation criteria

(all four criteria in interregional projects)72:

− Joint development

− Joint implementation

− Joint financing

− Joint staffing

Under the LPP, project activities are carried out by different partners, one of whom acts as the socalled

'Lead Partner'. A subsidy contract is signed between the Lead Partner and the MA, under

which the Lead Partner is responsible for the implementation of the project vis-à-vis the MA and

ensures the administrative link between the project and the programme. Each partner remains

fully responsible for their own actions and expenditure, which must be controlled by a designated

controller73.

68 Art. 71 of Regulation (EC) No 1083/2006

69 Ibid.

70 Art. 14(1) of Regulation (EC) No 1080/2006

71 Article 20 of Regulation (EC) No 1080/2006 refers to ‘Lead beneficiary’; ‘Lead partner’ has the same meaning and is

more commonly used.

72 Art. 19(1) of Regulation (EC) No 1080/2006

73 INTERACT Point Tool Box, Handbook on the Lead Partner Principle in European Territorial Cooperation Programmes,

2007.

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With the new EGTC instrument, project partners may decide to create an EGTC for the

management of the project. The EGTC would then become the Lead Partner of the project, but

since the whole partnership is already included in the EGTC, no additional partner is needed in

principle, which would contradict the Lead Partner Principle (which requires at least two partners

from two countries). The question of the compatibility of the Lead Partner Principle with the EGTC

instrument was answered positively in November 2007 by the Commission services. An official

communication was sent by the European Commission to the Managing Authorities of all

European Territorial Cooperation programmes to confirm the possibility of an EGTC running a

European Territorial Cooperation project as sole institution (no additional partners needed):

Extract from Mailing 3-2008 – EGTCs as beneficiaries – 6.02.2008 – DG Regional Policy

1) An EGTC can be either a beneficiary or a lead beneficiary in a territorial cooperation project.

While Art. 18 of the ERDF Regulation (Parliament and Council Regulation 1080/2006) speaks

about programme management, it does not exclude project management, and indeed project

management is expressly covered in the EGTC Regulation (Parliament and Council Regulation

1082/2006).

2) Art. 19 of the ERDF Regulation sets out certain conditions for project partnerships (e.g. for

cross-border cooperation, a partnership shall include beneficiaries from at least two countries).

Art. 19 should be interpreted so as to permit the use of an EGTC in such contexts. Since an

EGTC brings together authorities or organisations from at least two Member States to act

on behalf of those authorities or organisations, the use of an EGTC as a lead beneficiary

should be considered as satisfying the requirements of Art. 19 (evidently, for interregional

projects partners from at least three countries would need to be in the EGTC). Thus, an EGTC

can act as 'sole' beneficiary since it would meet the partnership requirements by itself.

3) Other legal bodies similar to EGTCs in construction can equally act as 'sole' beneficiary in such

cases.

Other elements to be considered

The implementation of European Territorial Cooperation projects by an EGTC may also pose a

few other challenges, which must be considered carefully:

− No private body may be member of an EGTC as such (except if fulfils the criteria

applying to bodies governed by public law74 or e.g. if it is a private association composed

of public bodies75), whereas some European Territorial Cooperation programmes

consider private bodies as eligible applicants. An alternative is to create a project

partnership between an EGTC as Lead Partner and a private body as project partner.

− In principle, European Territorial Cooperation programmes do not finance the creation

and functioning of joint structures as such, but may support e.g. projects run by an

EGTC. In any case, only those running costs of an EGTC which are directly related to the

implementation of the project (staff costs, overheads, etc.) should be considered eligible

for EU funding. Under European Territorial Cooperation programmes, different types of

costs might be considered eligible for ERDF funding, e.g.:

- A feasibility study for setting up an EGTC may be considered eligible in certain

programmes, or

- Some programmes may also consider encouraging the creation of EGTCs for

project management by granting a higher ERDF subsidy rate to projects involving

an EGTC or by financing EGTC set up in the framework of capacity building, for a

limited period of time (e.g. decreasing funding rate);

74 See Chapter 2

75 Art. 3(1) of Regulation (EC) No 1082/2006

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- For specific conditions applicable in each programme, please consult the

programme authorities.

In any case, European Territorial Cooperation programmes will not finance the setting up

of EGTCs in themselves, therefore you should not just set up an EGTC for the sake of it!

Is the EGTC a suitable instrument for my project?

No straight answer can be given to this question. In any case, recourse to EGTC remains

optional. Some factors to be considered by the project partners may include:

− The size of the project (partnership, financial size): For large projects recourse to a joint

structure may facilitate project management (e.g. the EGTC can run the project on behalf

of all partners, including the development of project activities, the management of a public

service set up among partners etc);

− Its duration: An EGTC may be suitable to ensure sustainability of the project results after

the subsidisation period, in particular when running a public service on a long-term basis;

− The strategic and political importance of the project;

− Etc.

Do we need to create an EGTC in order to be able to access EU funding (e.g. European

Territorial Cooperation programme)?

NO! The EGTC is one instrument among others and recourse to the EGTC is optional. While it is

directly targeted at territorial cooperation activities, recourse remains optional. Access to ERDF

funding under the European Territorial Cooperation will not exclusively be open to EGTCs: Any

partnership can submit a project application, be it formed as an EGTC or not. When a partnership

submits an application without being formed as an EGTC, the partners must sign a partnership

agreement to confirm their participation in the project and their commitment.

Other questions?

Please check the INTERACT FAQ on the EGTC on the INTERACT Website

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4.1.6. The EGTC Roadmap

Fig. 5: General Roadmap for Setting-Up an EGTC76

76 Based on Committee of the Regions; Levrat, Nicolas: Eight steps to evaluate the feasibility of establishing the EGTC.

http://www.cor.europa.eu/En/activities/egtc_implement.htm

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4.2. Preparation Phase

Before an EGTC can be set up or even considered, some preparatory steps have to

be carried out. In some cases they may vary in their order but they should pave the

way for the decision phase.

4.2.1. Analysis of the needs and objectives of the cooperation

One of the starting points might be the analysis of the present situation: Is there

already a form of cooperation on the territory/between the existing partners (conventions,

written or oral agreements, structure, projects etc.)?

The prospective members/identified partners must also try to find out what type of cooperation

they need to set up, the objectives they want to reach and the type of missions that they would

entrust to the EGTC (or other cooperation structure).

The objective of an EGTC shall be to facilitate and promote cross-border, transnational and/or

interregional cooperation between its members with the aim of strengthening economic and social

cohesion77. It is very important that all partners agree to a joint/common general objective and at

this early stage one should ensure that all key players meet around a table and jointly agree on a

common objective, timetable, procedures etc.

The tasks of an EGTC shall be limited primarily to the implementation of territorial cooperation

programmes or projects co-financed by the Community through the European Regional

Development Fund (ERDF). An EGTC may carry out other specific actions of territorial

cooperation between its members in pursuit of the objective referred to in Art. 1(2) with or without

financial contribution from the Community78. National rules may be more restrictive79 and should

therefore be considered. An EGTC shall carry out the tasks given to it by its members in

accordance with the Regulation and relevant national legislations80.

Exclusion: The tasks given to an EGTC by its members shall not concern the exercise of powers

conferred by public law (sovereign functions) or of duties whose object is to safeguard the

general interests of the State or of other public authorities, such as police and regulatory powers,

justice and foreign policy81. Members can only cooperate within the limits of their competences

under national law82.

Different types of EGTC may be considered:

− Uni-functional EGTC: Management of a European Territorial Cooperation programme,

management of a specific European Territorial Cooperation project or other cooperation

project/action. The EGTC can for instance be charged with the implementation of a

specific public service on behalf of its members (e.g. Hospital of Cerdanya83).

− Multi-functional EGTC: Coordination of the cooperation between partners on different

common areas of intervention, within the limits of competences of each partner, e.g.

education, health, transport, environment, security, economic development, risk

77 Art. 1(2) and Art. 7(3) (a contrario) of Regulation (EC) No 1082/2006. See also graph under Point 2.1

78 Art. 7(3) of Regulation (EC) No 1082/2006

79 Art. 7(3) of Regulation (EC) No 1082/2006: ‘Member States may limit the tasks that EGTCs may carry out without a

Community financial contribution. However, those tasks shall include at least the cooperation actions listed under

Article 6 of Regulation (EC) No 1080/2006’.

80 Art. 7(1) and Art. 2 of Regulation (EC) No 1082/2006

81 Art. 7(4) of Regulation (EC) No 1082/2006

82 Art. 3(1) and Art. 7(2) of Regulation (EC) No 1082/2006

83 See detailed case study presentation in Chapter 5

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management etc. The EGTC can serve a forum for the coordination of different policies

(e.g. Eurometropole Lille-Kortrijk-Tournai84).

It may be advisable to organise a needs assessment among the potential partners and other

stakeholders, e.g. in the form of a feasibility study. This path has been followed by some of the

case studies presented in Chapter 5.

Open questions to be discussed Action list

General

− Do the defined needs and objectives of the

cooperation correspond with the possible

tasks of an EGTC?

− Discuss which of the 4 EGTC models you

want to set up in order to implement:

- Territorial cooperation programmes

(European Territorial Cooperation

programmes)

- Co-financed projects in the field of

territorial cooperation under the

Structural Funds incl. European

Territorial Cooperation projects

- Other EU-funded projects/actions

regarding territorial cooperation

- Projects/actions of territorial

cooperation outside any EU funding.

− Can the defined objectives be fulfilled within

the required timeframe?

− Does the national law of any prospective

Member State forbid the possibility of setting

up an EGTC for territorial cooperation

outside EU funding?

− List of needs and objectives

− Definition of general strategy and mission(s)

of the EGTC

− Definition of the timeframe (setting up,

duration of the project/cooperation)

− Choose one of the 4 EGTC models, a mix of

models or other cooperation

structures/agreements

− Feasibility study (if needed)

Programme Management

− Can an EGTC be set up in time to manage

the Operational Programme?

− Definition of the timeframe (setting up,

duration of the Operational Programme)

− Decide whether the sole function of the

EGTC will be to manage the Operational

Programme, or will the EGTC also have

other missions (e.g. project management),

during and after programme closure?

4.2.2. Definition of the territorial scale

The territorial scale of the cooperation within an EGTC can be cross-border, transnational

and/or interregional85. The area of intervention of the EGTC has to cover (parts of) territory

from at least two Member States86.

84 See detailed case study presentation in Chapter 5

85 Art. 1(2) of Regulation (EC) No 1082/2006

86 Art. 3(2) of Regulation (EC) No 1082/2006

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Size: There is no regulatory minimum or maximum size of territory. Also, the extent of the EGTC

territory does not necessarily correspond to the entire territory of each prospective member, e.g.

where a Member State is a member of an EGTC it is often not the entire national territory

concerned.

Associated partners: The members may decide to associate external partners (outside the

territory of the EGTC) to the activities of the EGTC87.

Third countries´ participation: Institutions from non EU Member States can be involved in an

EGTC if their national legislation and/or agreements between Member States and the concerned

third country allow(s) it88. Although the possibility of involving third countries is left open by

Regulation (EC) No 1082/2006, Member States may prohibit such involvement. See also Point

3.4. and Point 4.2.4. on the identification of partners.

PM: The territory covered by the EGTC does not necessarily have to correspond to the

programme territory (eligible area): e.g. the EGTC could be formed between e.g. just two

programme partners but implement its tasks (e.g. JTS or MA functions) on behalf on the

Monitoring and Steering Committee

PJM: If one of the members of the EGTC is located outside the programme area, the EGTC can

still run a project (e.g. as Lead partner) but project activities can only take place in the programme

area. Also if the EGTC has its seat outside the programme area, it does not prevent the EGTC

from running a project, as long as long as the activities take place in the programme area.

Open questions to be discussed Action list

General

− What is the appropriate geographical size of

cooperation for achieving the set objectives?

− Does the national law of each prospective

Member State allow the involvement of a

third country in an EGTC?

− Outline the territory and boundaries of the

cooperation area

− Check if:

- Involvement of members from a third

country is prohibited

- Involvement of members from a third

country is allowed 􀃆 consider if the

third country has adopted applicable

legislation for the EGTC and/or signed

an agreement with the concerned

Member States (members from at

least two Member States)

4.2.3. Identification of the essential competences and skills

In order to find the appropriate partners in the next step, the essential competences and

skills needed to carry out the intended cooperation should first be identified. An EGTC

shall be made up of members acting in a common framework, within the limits of their

competences under national law89. The tasks of the EGTC must ‘all fall within the competence of

every member under its national law’90. Therefore the least common denominator regarding

87 See for instance Eurometropole Lille-Kortrijk-Tournai, Article 4 of the Convention: ‘territories, cities and municipalities

which are not located in the reference territory but are neighbouring or close, can be associated to the works of the

Eurometropole Lille-Kortrijk-Tournai’.

88 Regulation (EC) No 1082/2006 preamble clause 16

89 Art. 3(1) and Art. 7(2) of Regulation (EC) No 1082/2006

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these competences has to be found91. However, this article may be more or less strictly

interpreted in the various Member States, therefore you are advised to check the respective

national provisions.

In terms of skills, it is important that some or all partners have previous experience in

cooperation projects/structures and are familiar with the philosophy of cooperation. Also

prospective members need to have sufficient political and administrative backup, negotiation,

language skills etc. Finally one should also consider whether all partners have the financial

capacity to contribute to the budget of the EGTC (contribution by all partners is not compulsory

but recommended).

Difference between competences and tasks/missions

Each EGTC member has a given set of competences under national law, which they have the

authority to implement on their territory of jurisdiction (e.g. wastewater management). When they

enter an EGTC, they do not transfer any of their competences to the EGTC, but solely entrust the

EGTC with the implementation of a specific set of tasks/missions that fall under their competence

(e.g. the mission of the EGTC is to build and manage a wastewater plant, on behalf of its

members).

Open questions to be discussed Action list

General

− Which competences and skills are needed to

fulfil the objectives of the EGTC?

− Catalogue of topics according to actual

and/or needed competences and skills of

each prospective member 􀃆 find out

common fields of competence

Programme Management

− List the competences required for fulfilling

the functions of MA and/or JTS:

- Capacity to act (as MA) on behalf of

the responsible Member State

- Capacity to sign subsidy contracts with

final beneficiaries

- Authorisation to act as interface

between the participating Member

States

- Capacity to fulfil the obligations of the

MA and/or JTS as stated in the

Structural Funds Regulations

90 Art. 7(2) of Regulation (EC) No 1082/2006

91 For instance the different partners decide to cooperate in the field of education, where each of them has competence in

their own jurisdiction (general competence for all fields of eduction or specific competence in primary, secondary

eduction etc). The scope of the EGTC is broad (‘education’ in general) but its activities will of course take place in the

frame of the extent of competences of each partner.

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4.2.4. Identification of the partners

Members of an EGTC can belong to one or more of the following categories92: Member

States, regional or local authorities, associations of public authorities, e.g. Euregios or

Working Communities in cross-border areas (provided that they have a legal personality), and

bodies governed by public law within the meaning of Art. 1(9) of Directive 2004/18/EC. Private

members are excluded, unless they fulfil the criteria applying to ‘public bodies governed by public

law’93. See also Point 2.3. for more details.

In many cases, if there is already a tradition of (informal) cooperation, partners are often

already identified in advance. EGTCs are not solely open to existing cooperation structures,

and the Regulation contains no rule or restriction in this regard. Still, the establishment of an

EGTC may well be easier for existing cooperation structures or partnerships (even if informal).

The list of common competences is then needed if they want to set up a joint body.

If there is no such existing partnership, the EGTC members should be chosen and matched with

a view to the objectives and purpose of the EGTC as such. The identification of the partners

proceeds according to their competences, as the least common denominator will enable the

mission of the EGTC to be determined. It is, however, advisable to restrict the circle of

members to a small number of committed members, otherwise it may become too

heterogeneous with too large a scope of tasks.

Open questions to be discussed Action list

General

− Which partners correspond to the needed

skills and competences? If partners are

already known, do they all have at least one

competence in common?

− If the planned EGTC is based on an existing

cooperation structure (e.g. Euroregion or

Working Community, with or without legal

personality):

- Do you already have the needed

competences and skills or do you have

to change/do you need new partners?

- What are the conditions for

transforming an existing cooperation

structure into an EGTC?

- Does the former structure have to be

dissolved?

− Consider the interpretation of 'public

equivalent body' in each of the Member

States concerned

− Catalogue of (new) partners, including the

specification of their legal statuses,

competences, and national provisions

applying to EGTCs

92 Ibid.

93 See Chapter 2

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Programme Management

− Compare the list of EGTC members to the

list of programme partners (members of

Monitoring and Steering Committee): not all

programme partners can become members

of the EGTC: e.g. EC and social and

economic partners participate in the MSC,

but cannot be member of an EGTC94

Project Management

− List potential project partners, check whether

their legal status enables them to become

member of an EGTC95

− Check the programme conditions regarding

participation of an EGTC in a project96

4.2.5. Exploration of the available national legal frameworks

Although the Regulation has produced direct legal effects in all Member States since 1

August 2007, in practice national provisions have to be in place in the concerned States to

enable the establishment of an EGTC, except where ad-hoc solutions can be found (see

Point 3.5.).

Where national provisions are not yet available, it means that prospective members have

no competent authority to send their notification too. Furthermore, in order to analyse the

feasibility of an EGTC, prospective members need information on the applicable national

provisions (public/private law, unlimited/limited liability – see Point 4.5.3. on liability).

Before selecting the appropriate one, all available national legal frameworks have to be studied

carefully, paying attention to the aims of the cooperation as well as the nature of the partnership.

This will constitute an important factor in determining the location of the registered office.

However, other factors may influence the decision regarding the location of the EGTC (see Point

4.4.1.).

The EGTC Regulation does not state whether an EGTC should be governed by public or private

law. The CoR study97 on EGTC states that the nature of the provisions of the Regulation and the

rules on the prior control of participation of entities by the state concerned (see Point 4.4.4.)

inevitably suggest that public law applies. However, recourse to private law is not expressly

excluded and is actually applicable in several Member States (see Chapter 3).

94 But the EGTC does not necessarily need to cover the whole programme partnership and territory. See Point 4.2.2.

95 Private bodies (unless they fulfill the criteria applying to bodies governed by public law) may NOT be members of an

EGTC, whereas some European Territorial Cooperation programmes consider private bodies as eligible applicants. In

this regard, a partnership may for instance be created between an EGTC as Lead Partner and a private body as

partner.

96 Even if the programme manual or Operational Programme does not specifically indicate EGTCs as potential final

beneficiaries, this does not mean that EGTCs should be excluded from participating in a project. Since the EGTC has

legal personality and is composed of public or public-equivalent bodies, there should be no problem to apply.

97 op.cit., pp. 76-78.

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Open questions to be discussed Action list

General

− Have the concerned Member States set up

all necessary provisions?

− YES: All necessary provisions are in place 􀃆

Compare the different applicable provisions.

− NO: Delays will arise 􀃆 Consider whether

alternative solutions should be searched for

(other type of structure) or wait for the

provisions to be in place – This time can be

used e.g. to start drafting convention and

statutes

Programme Management

− Have the concerned Member States set up

all necessary provisions for establishing an

EGTC?

− YES: EGTC can be set up quickly and take

over the programme management

− NO: the nomination of an interim Managing

Authority/Joint Technical Secretariat is

necessary. Consider the implications,

especially the procedure for transfer of

functions to the EGTC once set up

4.2.6. Consideration of the timing and potential risk of delays

An important step in the preparation phase is consideration of the timing and potential risk

of delays. Following types of delays may occur:

− Delay by one or more Member States of the concerned EGTC in establishing the

necessary national provisions. See Point 3.5. for details on possible alternatives;

− Delay by one or more prospective members in notifying their national authority of their

intention to participate in an EGTC;

− Delay by one or more prospective members in receiving approval of the notification (nonrespect

of the three-month deadline98 by the national authority or incompleteness of the

notification submitted by the prospective members);

− Delay caused by the different electoral agendas of the prospective members and

consequent changes.

Anticipating such delays, though not easy, is important. For EGTCs with a long-term perspective

(e.g. a general cooperation structure of the Euroregion-type or an EGTC for the management of a

public service), delays will not necessarily jeopardise the eventual creation of the EGTC. For

programme- and project-related EGTCs, however, such delays may challenge the setting up of

the EGTC and its relevance:

− PM: If the EGTC is intended to manage a European Territorial Cooperation programme

within a limited timeframe of maximum ten years (2008-17), the EGTC must be set up

early enough to be worth it, except of course if the EGTC is multi-functional and fulfils

other functions during and after the programme closure. Multi-functionality ensures a

longer-term perspective for the EGTC in the event that no new programme is approved;

98 The three-month deadline is expected to be strictly adhered to, even though the English version of the Regulation

(Article 4(3) indicates this deadline 'as a general rule').

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− PJM: If the EGTC is intended to manage a EU-funded project, the EGTC must be set up

relatively quickly in order to be able to apply for a project within the limited timeframe of a

EU programme, or to run the project (if already approved).

Open questions to be discussed Action list

General

− How far have the concerned Member States

progressed with establishing the provisions?

− Has the procedure for application/notification

been clarified in all concerned Member

States? What are the national provisions for

approval of a prospective member’s

participation?

− What is the attitude of the concerned

Member States towards the implementation

of an EGTC?

− Are there any other expected causes of

delay?

− Will the EGTC be based on an existing

cooperation structure? If so, are any delays

expected due to a transition phase (staff,

etc.)?

− List of possible delays (external and internal

factors)

− Roadmap and estimated timeframe for

setting up (backward planning99)

􀃆 Delays are accepted by all members

􀃆 Another cooperation structure/agreement

has to be considered

4.3. Decision Phase

Following these preparatory considerations the partners have to compare different

possibilities for their cooperation and jointly decide on the most appropriate solution.

4.3.1. Consideration of other instruments or cooperation structures

Apart from the European Grouping of Territorial Cooperation, other alternatives may be

considered, ranging from simple cooperation agreements to the setting up of other types

of cooperation structures with legal personality, e.g.:

− Agreements: Cooperation agreements, goodwill agreements, memoranda of

understanding, etc;

− Structures:

- European Economic Interest Grouping (EEIG);

- Cooperation structures based on multilateral or bilateral treaties and agreements

(e.g. Anholt Treaty, Karlsruhe Agreement, Benelux Convention, Bayonne Treaty,

etc.);

- Cooperation structures based on national legislations – with possible participation

of foreign members.

A cost-benefit analysis might help to compare these instruments. The feasibility of cooperating

outside any legal framework should also be tested, as it may sometimes prove very cost-

99 For instance if the partners have planned to have the EGTC in place by mid-2009, they should plan ‘backwards’ from

this date, in order to see whether the planned date is realistic, and if so to to set strict deadlines for all the steps to be

completed until mid-2009.

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effective. If there are already structures or agreements in place for regulating the cooperation, the

EGTC has to be compared to these existing instruments/structures.

􀃆 See Annex 4 - Other available legal instruments for the purpose of territorial cooperation.

Open questions to be discussed Action list

General

− 1) Are there any existing adequate

cooperation structures or agreements for

regulating the cooperation?

- YES 􀃆 Go to 2

- NO: Why was there no institutional

cooperation structure in place so far?

a) There were no problems that required

such a structure 􀃆 No need to create

one

b) Problems existed but were efficiently

resolved by other means 􀃆 Go to 2,3

c) No institutional solution was available

until now 􀃆 The EGTC as a new

solution should not prevent from

looking at answers a) and b) again. 􀃆

Go to 2,3

− 2) What are the advantages/ disadvantages

of the EGTC versus another structure? Are

there any other types of structures available?

− 3) Do we need to set up a legal structure

(with statutes, organs, office and staff) or is

the signing of a cooperation agreement

sufficient?

− Comparison of different instruments,

agreements and cooperation structures

available in the cooperation area

Programme Management

− Does the programme need to be managed

by a joint management structure?

- YES: consider EGTC and other

available instruments

- NO: the signature of a Memorandum

of Understanding among programme

partners is sufficient, which entrusts

the management functions to one of

the programme partners and clarifies

partners´ responsibilities in the

programme

− List the expected advantages/disadvantages

of entrusting programme management to a

joint cooperation structure

4.3.2. Verification of the legal feasibility of the planned proposal

After deciding on the most appropriate solution, the legal feasibility has to be checked

taking account of possible differences in the national legal systems (e.g. public or private

law / limited or unlimited liability – see Point 4.5.3. on liability). The main question to be

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answered in this step relates to finding a common legal basis for the implementation of an

EGTC in all participating countries.

Open questions to be discussed Action list

General

− What national provisions are applicable in

the different Member States concerned?

− Which national provisions are the most

appropriate/favourable for the EGTC?

− Recommended: seek legal advice and/or

organise a feasibility study

- If setting up an EGTC is the most

appropriate solution and is legally

feasible, then you can implement the

next steps.

- Otherwise consider another

cooperation structure/agreement.

4.4. Implementation Phase

The cooperation partners enter the implementation phase once they have selected

the EGTC as the appropriate solution for their needs. This third phase is key as

partners will have to agree on essential matters such as the location of the EGTC,

its functioning, its name etc., to be included in the convention and statutes of the

EGTC.

During this phase, the short- and long-term objectives of the EGTC should also be set and

agreed among partners, in order to be able, during the performance phase, to assess and

evaluate the performance of the EGTC (see Point 4.5.4.).

4.4.1. Location of the registered office

The registered office (seat) of an EGTC shall be located in a Member State under whose

laws at least one of the members is formed100. The decision regarding the seat of the

EGTC determines the applicable law and the financial control procedures, as these lie

within the competence of the Member State in which the EGTC has chosen to set up its

office101.

It is likely that the partners will set up the registered office in the Member State offering the most

favourable conditions (legal, fiscal, social) or offering the framework most appropriate to the type

of cooperation envisaged.

The partners may also agree to set up branch offices, e.g. on parts of the EGTC territory

situated in other Member States. They may also decide to distinguish between the registered

office of the EGTC (where the EGTC is officially registered) and the operational seat (where the

EGTC team is working). This option has been selected by the partners of the EGTC

Eurometropole Lille-Kortrijk-Tournai (registered office in France, operational seat in Belgium).

100 Art. 8(2) of Regulation (EC) No 1082/2006

101 - Art. 2 and 6 of Regulation (EC) No 1082/2006

- Schaffer, Hannes; Haselberger, Beatrix; Dillinger, Thomas; Zehetner, Franz: Europäischer Verbund für Territoriale

Zusammenarbeit (EVTZ) - ein Instrument zur grenzüberschreitenden Zusammenarbeit. Weinviertel Management.

- Levrat, Nicolas (2006): In order to establish EGTCs. Abstract of the presentation. Brussels, 10 October 2006

INTERACT Handbook on the EGTC Roadmap for setting up an EGTC

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Open questions to be discussed Action list

General

− Where is the registered office to be set up? − Decision on the seat of the registered office,

based on key decision criteria

To be possibly taken in consideration102:

- National provisions of each concerned

Member State (legal status of the

EGTC (private-public), provisions

regarding staff, liquidation, insolvency,

liability, etc.)

- Location of the office within the

cooperation area (central location

should be considered if possible)

- Political will to host the office, including

e.g. financial offers by a member

- Political stability, administrative

culture, opinion of the population etc

- Fiscal regimes and other conditions for

staff (salaries, social schemes etc)

Programme Management

− Where is the registered office to be set up? − To be taken into consideration:

- Central location in programme area

- Attractive labour conditions for future

Managing Authority/Joint Technical

Secretariat staff, etc

- If the EGTC is to fulfil the function of

MA, it must be located in the same

country as the Audit Authority

4.4.2. Drafting of the convention

An EGTC shall be governed by a convention concluded unanimously by its members103.

Drafting process: All interested partners and national authorities104 should be involved in the

drafting process in order to ensure equal commitment to the EGTC and its structure. The drafting

process may be very long and will imply numerous meetings and exchange of draft versions,

therefore sufficient time and staff resources need to be dedicated by each partner, including

involvement of technical and legal staff, as well as political stakeholders.

Content: As the modification procedure of a convention requires approval by the Member States,

the content of the convention should be strictly limited to what is required in the Regulation (and

possibly in the national provisions, if additional information is required). The less details are

specified in the convention, the less often one has to resort to this tiresome modification

102 This list of criteria was elaborated by the participants in the first INTERACT Seminar on the EGTC, 26-27.11.2007,

Vienna. See complete list in the FAQ on the EGTC, available on the EGTC Section of the INTERACT Website.

103 Art. 8(1) of Regulation (EC) No 1082/2006

104 According to the provisions Art. 4(3) of Regulation (EC) No 1082/2006

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procedure - details can be integrated into the statutes (only substantial modification of the

statutes requires approval by the Member States) or other administrative document (e.g. Internal

rules of procedure).

􀃆 See the EGTC model convention - template for use in Annex 2.

Name: Give the EGTC a simple name that can be read by people from all participating regions

and which clearly associates the EGTC to the territory. Since the label EGTC is becoming well

known, ‘EGTC’ could/should be part of the name. Also, if the EGTC is to have limited liability this

should be clearly stated in the name of the EGTC105.

Open questions to be discussed Action list

General

The convention106 has to specify:

− The name of the EGTC and its registered

office

− The extent of the territory in which the EGTC

may execute its tasks107

− The specific objectives and tasks of the

EGTC, its duration and the conditions

governing its dissolution

− The list of EGTC members

− The law applicable to the interpretation and

enforcement of the convention, which shall

be the law of the Member State where the

EGTC has its registered office

− The appropriate arrangements for mutual

recognition, including for the purpose of

financial control

− The procedures for amending the convention

− Proposal of convention, to be drafting jointly

by all prospective members

Programme Management

− Consider incorporating the usual

‘Memorandum of Understanding’ (document

signed between the institutional partners of

an INTERREG/Territorial Cooperation

Operational Programme) into the convention

of the EGTC – if applicable and relevant!!

− If the EGTC has several functions,

differentiate between programme

management functions and others

105 Art. 12(2) of Regulation (EC) No 1082/2006

106 Art. 8(1) of Regulation (EC) No 1082/2006

107 The extent of the EGTC territory does not necessarily correspond to the entire territory of each prospective member,

e.g. where a Member State is a member of an EGTC it is often not the entire national territory concerned.

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4.4.3. Drafting of the statutes

The statutes of an EGTC have to be adopted on the basis of the convention by its

members acting unanimously108. As with the convention, the statutes should also be kept

as concise as possible. If more rules and determinations are needed, the introduction of an

additional document such as a procedures manual or internal rules of procedure is

recommended. Of course, some Member States may require detailed information to be indicated

in the convention and statutes because the ex-ante control is based on these two documents –

national requirements must be checked carefully.

􀃆 See the EGTC model statutes - template for use in Annex 3.

Open questions to be discussed Action list

General

The statutes109 of an EGTC shall contain, as a

minimum, all the provisions of the convention

together with the following:

− The operating provisions of the EGTC’s

organs (assembly: permanent or rotating

presidency?) and their competences, the

number of representatives in the relevant

organs110

− The decision-making procedures (consensus

or majority rule?)111

− The working language or languages112

− The arrangements for its functioning,

concerning staff management, recruitment

procedures and the nature of staff contracts

− The arrangements for the members' financial

contributions and the applicable accounting

and budgetary rules, including rules on

financial issues, for each of the members

with respect to the EGTC

− The arrangements for members' liability in

accordance with Art. 12(2) of Regulation

(EC) No 1082/2006

− The authorities responsible for the

designation of independent external auditors

− The procedures for amending the statutes

− Any other provision deemed relevant

− Proposal of statutes, to be drafting jointly by

all prospective members

108 Art. 9(1) of Regulation (EC) No 1082/2006

109 Ibid.

110 Regarding the number of representatives per member in the EGTC organs, different systems may be considered e.g.:

1) one representative per member; or 2) number of representatives to be based on the population covered by each

member (e.g. 1 represenative for members with less than 20,000 inhabitants, 2 representatives for members with a

population between 20,000 and 50,000 etc) – recommendation by the Association of European Border Regions.

111 It is recommended to adopt internal rules of procedure that allow for decision by majority, as a consensus system de

facto implies the possibility for any member to veto and therefore to ‘paralyse’ the functioning of the structure, which is

against the principle of cooperation and would reduce the added value of such a structure. However, use of the majority

rule may be difficult to use e.g. in EGTCs where the national level is member, as this may imply situations where

national members could be ‘overruled’ by regional or local members.

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4.4.4. Notification of the convention and the statutes

Once agreement between the partners has been reached on a proposal of convention and

statutes, the procedure of notification can be started.

Each prospective member shall notify its Member State of its intention to participate in the EGTC

and send a copy of the proposed convention and statutes. Additional documentation may be

requested in some Member States, to be checked in the national provisions.

What is likely to be checked by the Member States?

− The completeness of the notification, including the presentation of the convention and the

statutes;

− The conformity of the notification with applicable Community and national legal provisions

(EC Regulation as primary source and applicable national rules as secondary source):

eligible members, tasks of the EGTC, etc;

− Any other element deemed necessary, such as compliance with principle of public

interest, police and regulatory powers etc. But it is absolutely excluded for Member States

to perform a control of opportunity – only a legality control should be done.

The Member State shall reach its decision within a deadline of three months, either on the EGTC

itself if it is to be set up in this Member State or on the participation of the members from this

Member State. They may apply national law to take such decision and must substantiate any

refusals they may make by referring to the Regulation113.

Open questions to be discussed Action list

General

− Participation of the members in an EGTC is

approved or not114

− If the convention and statutes are not

approved by every concerned Member

State, partners have to rewrite them and

therefore go back to the drafting process

− If each partner obtains approval 􀃆

implement the next step

4.4.5. Publication of the convention and the statutes

If none of the Member States concerned voices reservations, the members shall all

formally agree on the final version of the statutes and convention, unanimously115. The

statutes and any subsequent amendments shall be registered and/or published in

accordance with the applicable national law in the Member State where the EGTC has its

registered office. The members have to inform the Member States concerned and the

112 Linguistic parity is very important in some areas, especially where cooperation includes minorities or in bilingual

countries (e.g. Belgium), where it has an important political dimension.

113 Art. 4(2) of Regulation (EC) No 1082/2006

114 As stated in the EGTC Regulation, the principle is the approval, and rejection should remain the exception and

therefore needs to be duly justified by the responsible authority.

115 Art. 4(5) of Regulation (EC) No 1082/2006

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Committee of the Regions of the convention and the registration and/or publication of the

statutes116.

Within 10 working days of the registration and/or publication of the statutes, a request has to be

sent to the Office for Official Publications of the European Communities for publication of a notice

in the Official Journal of the European Union announcing the establishment of the EGTC117.

Open questions to be discussed Action list

General

− Formal agreement by all members on the

final convention and statutes

− Registration and/or publication of statutes

− Publication of a notice in the Official Journal

of the European Union

− Inform the Committee of the Regions and the

Member States concerned

4.4.6. Launching the EGTC

Once the EGTC is registered, it is officially created and can start its activities. A number of

administrative questions have to be answered and a series of actions must be taken

concerning the organisation of the EGTC: see complete Action List below. In particular,

the following elements should be considered:

− Opening of a bank account, and payment of the first contributions by the members

(and/or bank loan) in order to start up the first activities;

− Setting up of organs: An EGTC acts through its organs, which are specified in its statutes

and vested with all necessary powers. Without organs an EGTC would lack legal

capacity118, therefore an EGTC shall have at least the following organs: an assembly,

which is made up of representatives of its members, and a director, who represents the

EGTC and acts on its behalf119. Where necessary, the statutes may provide for additional

organs with clearly defined powers;

− Recruitment of staff120 or procedures for secondment of staff from the members´

administrations121. At least the director must be recruited or nominated;

− Setting up of internal work flows and procedures;

− Etc.

PM: The Monitoring and Steering Committee of the programme has to be differentiated from the

assembly of the EGTC, as the former should also include social and economic partners122 which

are unlikely to be members of the EGTC.

116 Art. 5(1) of Regulation (EC) No 1082/2006

117 Art. 5(2) of Regulation (EC) No 1082/2006

118 Schaffer, Hannes; Haselberger, Beatrix; Dillinger, Thomas; Zehetner, Franz: Europäischer Verbund für Territoriale

Zusammenarbeit (EVTZ) - ein Instrument zur grenzüberschreitenden Zusammenarbeit. Weinviertel Management.

119 Art. 10(1) of Regulation (EC) No 1082/2006

120 Art. 1(4) of Regulation (EC) No 1082/2006

121 In the case of the first EGTC in place, the Eurométropole Lille-Kortrijk-Tournai, it was decided that a member of the

assembly would fulfil the functions of director. This person also fulfils the function of president, an additional organ

defined in the statutes of the EGTC.

122 Art. 11(1)(b) of Regulation (EC) No 1083/2006

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Open questions to be discussed Action list

General

− What is the role of the director123 and the

assembly?

− Should all members be represented in the

assembly? Who should represent each

member in the assembly (administrative or

political level? How to ensure continuity, e.g.

despite political changes?)?124

− How frequent are the meetings of the

assembly?

− Decision-making process: majority or

consensus?125

− Do we need/want additional organs?

− Can the members second staff to the

EGTC?:

- Who employs these staff?

- What is the legal basis?

- In which country is staff insured?

- Can these staff subsequently return to

their administration of origin?

− Establishment of the office (incl. branch

offices if applicable): rental contract,

equipment (public procurement procedures

of the hosting country to be considered), etc

− Recruitment of staff (or secondment from the

partner institutions), including director

− Define the functions and missions of the

director and the assembly

− Launching of the assembly (first meeting)

− Launching of first activities 􀃆 funds needed

to cover the launch costs, to be raised from

partners' contributions and/or via a loan

− Setting up of management and control

system (incl. financial flows, accounting

system)

Programme Management

− How to handle the transition phase

concerning staff employment if the EGTC

takes over programme management from

the interim MA/JTS?

− List the bodies to be set up for programme

management: Managing Authority and/or

Joint Technical Secretariat? Certifying

Authority? Other?

− Consider the staffing of the office (director

but also the staff of the Managing Authority

and/or Joint Technical Secretariat)

− List the labour conditions applying to existing

staff working for the programme - compare

with the conditions applying under the EGTC

4.5. Performance of an EGTC

For successful establishment of the EGTC several measures have to be taken to

provide for its smooth performance.

123 In some Member States a director has executive and representative functions and in others just administrative ones

124 The participation of all members in the assembly may be recommended as a way of ensuring equal involvement and

commitment of all members. The law applicable in the Member State of the registered office of the EGTC must be

considered.

125 See Point 4.4.3 for more details

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4.5.1. Budget and control of financial management of public funds

Having and managing its own budget is of course a key advantage of the EGTC, as

compared to other types of cooperation. It enables the EGTC, inter alia, to hire its own

staff and acquire property. This implies of course to set up solid financial management and

control procedures for the control of the public funds managed by the EGTC.

The annual budget should contain a component for running costs and, if necessary, an

operational component (project-related budget)126. The structure and size of the annual budget

depends to a large extent on the tasks assigned to the EGTC.

How to determine the contributions of the members?

Although not compulsory, contributions by all members are highly recommended to ensure equal

involvement and enhance their sense of responsibility. However, and contrary to other existing

instruments (like for instance the LGCC created under the Karlsruhe Agreement), it is not

compulsory that all members participate financially, which may enable small institutions to

become members of the EGTC (e.g. associations, NGOs, etc.). In-kind contributions may also be

considered, e.g. in the form of provision of staff, office, equipment etc by a member. In terms of

share of contributions, there is no rule and different agreements may be reached among the

members:

− Equal contributions by all members;

− Equal contributions by each side of the border, the contributions of each member on each

side of the border then being agreed among these ‘national’ members (e.g.

Eurometropole Lille-Kortrijk-Tournai)127;

− Contributions calculated on the basis of the population in each member’s territory (e.g.

Eurodistrict Oderland-Nadodrze)128;

− Etc.

Management of funds - control of EGTC expenditure

The funds are controlled on the basis of the budget annually approved by the assembly:

− If the EGTC receives EU funds, the rules for EU funding (EU eligibility rules and national

eligibility rules of the country of the EGTC’s seat) apply;

− For other sources (national and regional public funds, incl. contributions of the members)

the rules applying to control of public funds of the country of the EGTC’s seat apply.

All in all, the advantage is that the whole EGTC budget and expenses are subject to the financial

control rules and procedures of just one country, namely the country where the EGTC is

registered. In principle, the control authorities of the country where the EGTC has its seat perform

the control of all EGTC's expenditure (national and EU funding). If the legal framework of the

other partner countries does not allow any controls to take place on their territory (e.g. on-thespot

checks), then an agreement must be signed between the concerned Member States so that

the controls are performed by national controllers from the partner countries, for the expenditure

incurred on their territory129. They must inform the main controller about the controls performed.

126 Art. 11(1) of Regulation (EC) No 1082/2006

127 INTERACT Seminar, 26-27.11.2007, Michel Delsaux: The annual budget 2008 will be divided into 50% contributions

from the French side (to be split among the four French members) and 50% contributions from the Belgian side (to be

split among the 10 Belgian members).

128 INTERACT Seminar, 26-27.11.2007, Sören Bollmann: The annual budget 2008 will be calculated on the basis of

members´ contributions corresponding to EUR 0.10 per inhabitant.

129 Art. 6(2) of Regulation (EC) No 1082/2006

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PM: Structural Funds, be they managed by an EGTC or any other body, are subject to the same

control rules130: In particular, each Member State remains financially responsible for the funds

spent on their territory, as stated in Art. 12(3) of Regulation (EC) No 1082/2006. This concerns in

particular cases of recovery of funds unduly paid to final beneficiaries: according to Art. 17 of

Regulation (EC) No 1080/2006, such funds are eventually to be reimbursed to the programme by

the Member State of the concerned beneficiary if the project Lead Partner has not been able to

recover these funds. If the EGTC acts as Certifying Authority of the programme, for instance, it

will not have to bear such costs.

Open questions to be discussed Action list

General

− How will the budget be formed?

− Should all members contribute to the

budget? Equally or not? When and how

often should they make these contributions,

and in what amount?

− Draft an annual budget

− Decision on the financial contributions of the

members

− Decision on the financial control procedures,

accounting and audit trail

Programme Management

− If an EGTC fulfils other missions in addition

to the management of a European Territorial

Cooperation programme, one must

differentiate between:

- The running costs to be covered from

the Technical Assistance budget of the

Operational Programme, including

national co-financing (Should national

co-financing be paid out to the EGTC

at the beginning of the programme

period?)

- The other elements of the EGTC

budget (other activities)

− If the EGTC fulfils the function of Certifying

Authority of the Operational Programme, one

also should consider setting up a specific

budget line for programme financial flows

(payments from the Commission (including

pre-financing), payments to the final

beneficiaries)

Project Management

− If an EGTC fulfils other missions in addition

to the management of a project, one must

differentiate between:

- The budget specific to the

implementation of the EU-cofinanced

project (incl. ERDF and national cofinancing

parts)

- The other elements of the EGTC

budget (other activities)

130 Art. 6(4) of Regulation (EC) No 1082/2006

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4.5.2. Liquidation, insolvency and cessation of payments

As regards liquidation, insolvency, cessation of payments and similar procedures, the

national provisions of the Member State where the EGTC is registered shall apply131.

Open questions to be discussed Action list

General

− What are the applicable national provisions? − Consult national provisions and clarify these

provisions to all members of the EGTC,

including members from other EU Member

States

4.5.3. Liability132

An EGTC shall be liable for its debts whatever their nature. If the assets of an EGTC are

insufficient to meet its liabilities, its members shall be liable for the EGTCs´ debts

whatever their nature, each member's share of responsibility being fixed in proportion to its

contribution. This means that the EGTC as such always has unlimited liability, i.e. in case

a debt must be reimbursed, the EGTC must reimburse this debt in full if it has sufficient

assets, or at least up to the limit of its assets. The members of the EGTC only have a

residual liability, they become liable for the debts once the assets of the EGTC have

been used.

Note: A Member State can prohibit the registration on its territory of an EGTC whose members

have limited liability. If the liability of at least one member of an EGTC is limited as a result of the

national law under which it is formed, the other members may also limit their liability in the

statutes, provided that limited liability is authorised by their own national law and by the law of the

Member State on whose territory the EGTC is to have its registered office.

PM: If an EGTC is beneficiary of Technical Assistance budget, it shall be responsible for its

debts. If the EGTC is the sole beneficiary of the TA budget, the Member State where the EGTC

(as beneficiary) has its registered office should reimburse to the European Commission133. Before

conferring programme management to an EGTC, all Member States will have agreed on internal

reimbursement procedures (e.g. the other Member States will reimburse on a pro-rata basis to

the responsible Member State) or the members of the EGTC will have to reimburse towards the

EGTC.

PJM: If an EGTC is beneficiary of European Structural Funds, it shall be responsible for its debts

and shall therefore reimburse any amount unduly paid by the programme (e.g. if a recovery

procedure is needed) 134. The relation between the EGTC and its members is comparable to the

relation between a Lead Partner and its partners: the EGTC shall first try to secure repayment

from its member(s). If not successful, two possibilities are open: either the Member State where

the EGTC is registered shall reimburse to the European Commission (according to the wording of

the abovementioned article) or, according to different arrangements in the subsidy contract

(and/or partnership agreement), the Member State where the EGTC member concerned is

located (the one concerned by the recovery procedure) shall reimburse.

131 Art. 12(1) of Regulation (EC) No 1082/2006

132 Art. 12(2) of Regulation (EC) No 1082/2006

133 Art. 17(3) of Regulation (EC) No 1080/2006

134 ibid.

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Open questions to be discussed Action list

General

− Is the registration of an EGTC whose

members have limited liability permitted?

− What is the current status regarding liability

(unlimited or limited) of EGTC’s members?

− Decision on unlimited or limited liability if the

conditions for such a decision are met

(according to Regulation (EC) No 1082/2006

Art. 12(2))

4.5.4. Evaluation

Two to three years after implementation the EGTC should be evaluated135. In order to

prepare such evaluation and get the best out of it, it is recommended that the EGTC

members set the following right at the very beginning of the EGTC’s activities:

- Baselines: Where are we starting from? (including quantitative and qualitative

indicators);

- Targets: What do we want to achieve? By when? (including quantitative and qualitative

indicators).

The evaluation can then be developed on this basis, assessing the progress and level of

achievement of each objective/target.

Open questions to be discussed Action list

General

− Who will define the expectations for the

EGTC at the beginning of the

implementation process?

− Does the set-up and implementation of the

EGTC meet these expectations?

− Which difficulties occurred during the

implementation process and in operating the

EGTC?

− What kind of evaluation is necessary? Just

an internal exercise, or an external one?

− If external, how will the evaluation be

financed?

− Catalogue of difficulties and possible

solutions

− Do the results of the evaluation meet the

expectations set at the beginning of the

implementation process?

- YES: continuation of the EGTC

- NO: adjustment of procedures,

statutes, etc. or dissolution

4.6. Dissolution

The activities of an EGTC may be prohibited by a competent court or authority if they

contravene public policy, security, health, morality or the public interest. Dissolution

may also be possible if the EGTCs activities exceed the defined scope136.

135 Expert's recommendation

136 Art. 13 and Art. 14 of Regulation (EC) No 1082/2006

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Dissolution may also be the result of a decision by the assembly of the EGTC. It is expected that

the results of the evaluation of the performance of the EGTC may lead to different decisions

regarding continuation or dissolution of the EGTC:

− If the EGTC is set up for a limited duration, dissolution should occur naturally at the

termination date of the EGTC but it may also occur before (e.g. in the event of problems

or if the partnership decides thus). In the event of partnership problems, one must see

whether it is possible to continue the EGTC with a restricted number of partners (can the

EGTC still achieve its goal with less partners?).

− If the EGTC is set up for an unlimited duration, dissolution may occur when the members

jointly agree to end their cooperation on this basis, e.g. because the EGTC has not

brought the expected added value to the cooperation, it has been too complex to manage

or it appears to be ill-adapted to the needs of the partners.

In case of problems in the partnership, dissolution is actually the very last resort and other

solutions should be considered before:

- Resignation of a member;

- Exclusion of a member;

- Integration of new members.

These possibilities and the corresponding rules and procedures can be stated in the statutes of

the EGTC.

Open questions to be discussed Action list

General

− Archiving: Who will keep the files of the

dissolving EGTC (e.g. accountancy and

documentation of expenditures): maybe one

of the partners?

− Legal proceedings: What if the EGTC was

party to any legal proceedings, before or

after being dissolved? Legal advice is

necessary

− Convention and statutes: Should each EGTC

member inform their national authority of the

dissolution? Check national provisions

− Decision on the archiving procedures

− Consult legal advisors

− Check information procedures

− Properties: Properties acquired by the EGTC

should be sold and/or redistributed among

the partners. The remaining budget might be

used to pay final expenses, the rest should

be redistributed among the members, based

on a calculation formula to be agreed. If this

happens within 5 years of the dissolution,

any Structural Funds received by the EGTC

will be handled as revenues to be

deducted137.

− Staff: The staff employed by the EGTC must

be informed about the end of the contracting

period, according to the national provisions

applicable and with a period of notice. Legal

advice should be sought from labour law

experts

− Although not explicitly stated in the

Regulation, the Committee of the Regions,

which will hold a register of EGTCs, should

be informed of such dissolution

137 Art. 55 of Regulation (EC) No 1083/2006

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Programme Management

− Will the EGTC dissolve after the end of the

Operational Programme (2017) or will it

continue, e.g. with other missions than

programme management?

− If the EGTC received EU Structural Funds,

such change must be communicated to the

programme authorities or the European

Commission, e.g. in case of controls and

audit (expenditure can be checked up to five

years after the closure of the programme)

− Member State to designate a new MA/JTS

Project Management

− Will the EGTC dissolve after the end of the

project or will it continue, e.g. with other

missions?

− If the EGTC received EU Structural Funds,

the dissolution must be communicated to the

programme authorities, e.g. in case of

controls and audit (expenditure can be

checked up to five years after the closure of

the project)

4.7. Conclusions

The presentation of this roadmap showed us a number of procedures and steps to be followed. It

may give the impression that setting up an EGTC is a long and tiresome process, but things may

turn out to be smoother in practice and some steps may be very quick if all partners are

equally committed; strong leadership may further help to speed up these processes.

The key issue remains that of sustainability: How to ensure a long-term perspective and added

value for the EGTC? In many cases, setting up a cooperation structure remains a long and

sometimes arduous procedure, therefore the decision should be based on a cost versus longterm

benefits analysis.

CHAPTER 5

CASE STUDIES:

EGTCs IN PREPARATION

AND OTHER STRUCTURES

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5. CASE STUDIES ON EGTCS IN PREPARATION AND OTHER STRUCTURES

Although a wide range of public authorities are considering the establishment of an EGTC, the

current situation in which few Member States have established the necessary provisions to

ensure effective application of the Regulation has lead to a wait-and-see trend in most areas. It

is likely that the first EGTCs will act as 'motors' for the development of further initiatives, and the

numerous problems anticipated might not occur at all in reality or be resolved by means of

pragmatic solutions and experimentation. Financial incentives and/or legal advice could help to

attract and support these first pioneers. As presented shortly in Chapter 1, the first EGTC was

born on 28 January 2008, between 14 partners around the metropolitan area between Lille (FR),

Kortrijk and Tournai (BE): Eurometropole Lille-Kortrijk-Tournai138.

From the EGTCs in preparation, of which a few selected cases are presented hereafter, the

following characteristics emerge:

− Most of the EGTCs in preparation have a cross-border cooperation dimension.

− There are different types of partnerships involved (large/small, multi-level, etc).

− There are different EGTC models envisaged:

- European Territorial Cooperation programme management (Greater Region)

- European Territorial Cooperation project management (Galicia-Northern

Portugal)

- Large infrastructure/public services projects without EU funding (Cerdanya

Hospital).

− Several EGTCs have a multi-functional approach (Matriosca, Galicia-Northern Portugal,

Alps Mediterranean Euroregion).

− Some EGTCs are well advanced, and the conventions and statutes have already been

drafted (Galicia-Northern Portugal, Oderland-NadOdrze, Cerdanya Hospital), while in

others the reflection process has just started, including e.g. the organisation of feasibility

studies, like in the West Flanders-Flanders-Dunkirk-Opal Coast cross-border platform or

the Eurodistrict SaarMoselle.

− Several of the EGTCs in preparation are based on existing cooperation (either legally

structured or not), like the Euroregion Ister-Granum.

The following chapter presents a selection of various types of EGTC in preparation, as well as

cases where the EGTC solution has not been chosen yet and is subject to analysis by the

cooperation partners. In some cases the possibility of establishing an EGTC has already been

excluded, either because it is not legally feasible (France-Vaud-Geneva conurbation 􀃆

involvement of only one EU Member State and one third country), or because other instruments

have appeared to be more appropriate.

Point 5.10 lists additional EGTCs in preparation as well as cooperation areas which have

considered but ruled out the EGTC. These cases have not been included in the detailed case

studies, but information can be obtained from the websites or contact persons. This list is to be

further developed and regularly updated.

138 More detailed information is provided in Point 5.6

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5.1. INTERREG-IV-A Programme Greater Region139

Introduction

The territory of the Greater Region is composed of 11 institutional partners of very different

natures and very different degrees of autonomy in their actions, associating five different

territories within four EU Member States:

− Luxembourg

− Germany: Länder Saarland and Rhineland-Palatinate

− France: Région Lorraine with different members: the French State, represented by the

Préfet de Région, the Conseil Régional Lorraine, the three Départements Moselle,

Meurthe-et-Moselle and Meuse

− Belgium: the Walloon Region, the French Community and the German-speaking

Community

Fig. 6: The Greater Region

Organisational background

The Greater Region has no legal identity. It is a cooperation and coordination platform, acting at

both political and operational level. The area benefits from INTERREG funding, but the existence

of three INTERREG IIIA programmes in the area of the Greater Region in the period 2000-06,

including areas covered by two programmes and entailing different application and management

procedures in each programme, etc., led the institutional partners to consider merging these

three programmes into a single one for the period 2007-13 under the umbrella of the Greater

Region. This means in practice that the eligible area for funding of cross-border projects is

enlarged (which could foster the development of larger projects and partnerships), with simplified

procedure (same application procedure throughout the area) and the identity of the Greater

Region is reinforced at the level of the European Union. In order to make this merger possible the

management structures of the three INTERREG IIIA programmes had to be replaced by a single

one, and the opportunity to make use of the EGTC instrument where all partners are represented

was agreed by all political leaders at the Ninth Summit of the Greater Region in June 2006. The

139 In French: Programme INTERREG IV-A Grande Région; In German: INTERREG IV-A-Programm Großregion.

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political will to create an EGTC by 2009 is stated in the INTERREG IV Operational Programme

submitted to the European Commission by the programme partners of the Greater Region.

Type of EGTC

From 2009 onwards the EGTC plans to act as Managing Authority for the cross-border European

Territorial Cooperation Programme Greater Region / Grande Région / Großregion.

Status of implementation

After the Ninth Summit of the Greater Region in June 2006 the decision was taken to replace the

existing three INTERREG IIIA programmes on the territory of the Greater Region by a single

programme for the new period 2007-13. The Walloon Region (Belgium) acts as transitional

Managing Authority for the new programme and these functions will be transferred to the EGTC

once set up. The French Préfecture of the Region Lorraine is leading the preparation of the

EGTC, whose registered office is expected to be located in Metz. The EGTC will consequently be

set up under French law.

The executive office, which acts as Joint Technical Secretariat of the programme, was set up in

Luxembourg and currently has the legal personality of a non-profit association under Belgian law

(asbl). Once the EGTC is in place, the association will be dissolved and the tasks of JTS and MA

will be transferred to the EGTC, although the office will remain in Luxembourg city. The adoption

of national provisions is still pending in some of the Member States of the Greater Region (the

French law is expected to be adopted by 3 April 2008) but the programme partners are already

working on the convention and the statutes. These were drafted by the Préfecture of Lorraine in

January 2008 in order to be operational as soon as possible, as declared by the Summit of the

Greater Region.

5.2. Galicia-Northern Portugal Working Community

Introduction

The Galicia-Northern Portugal Working Community is located in the north-western Iberian

peninsula.

Fig. 7: Galicia-Northern Portugal Working Community

Galici

Norte de Portugal

Ferro

Guimarãe

Brag

Vila

Real

Braganç

Port

Lug

Santiag

Pontevedr

Vig

Ourens

Viana do

Castelo Chave

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Organisational background

The most important milestones on the way to cross-border cooperation were:

− The Set-Up Agreement of the Galicia-Northern Portugal Working Community of 31

October 1991, under the aegis of the Madrid Convention (1980).

− New Set-Up Agreement of the Galicia-Northern Portugal Working Community of 24

February 2006 adapting the provisions specified in the Spanish-Portuguese Treaty on

Cross-Border Cooperation of 3 October 2002.

The roles of president and vice-president are alternately assumed by the President of the Xunta

de Galicia and the President of the Coordination Committee of the Northern Region, for a period

of two years. The coordination committee, consisting of the general coordinators of both regions,

acts as the permanent contact and ensures the continuity of the activities of the Working

Community. Several territorial cooperation communities (Association Eje Atlántico del Noroeste

Peninsular, the communities Valle del Támega / Valle del Limia / Valle del Cávado / Valle del

Miño) and sectoral committees meet once a year in the council. The opportunity to make use of

the new EGTC instrument was considered by the partners and it was decided to transform the

Working Community into an EGTC.

Type of EGTC

The broad range of partners and activities of the Working Community should lead to the setting

up of a multi-functional EGTC with the following core activities: Coordinating and implementing

the joint strategies of the members, managing European Territorial Cooperation programmes and

projects as well as other EU funds.

Status of implementation

First stage (July – September 2006): Meetings between the partners in order to analyse the

EGTC Regulation and other cooperation opportunities - development of the project and the

statutes of the EGTC.

Second stage (November 2006 – February 2007): Adoption of the proposals of convention and

statutes of the EGTC - presentation of the proposals to the Spanish and Portuguese governments

- Galician government application for an in-depth report on the legal requirements and the

economic impact resulting from the introduction of the EGTC in the Spanish legal system

Third stage (March – December 2007): Formalities carried out by the Xunta de Galicia and the

Coordination Committee of the Region Norte de Portugal in order to support the development of

the provisions guaranteeing the effective implementation of the EGTC's rules. National provisions

on the EGTC for Portugal was published on 8 November 2007 (Decree Law No 376/2007).

Current status (December 2007): Although Spain has not yet established the pertinent national

rules140, the Galicia Region has already prepared proposals for the statutes and convention of an

EGTC due to the fact that the registered office will be seated in Vigo, Spain, while the Portuguese

side has been waiting for this in order to submit the same proposal to their government.

140 Update: Spanish national provisions were adopted on 18 January 2008 – See Point 3.2.

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5.3. MATRIOSCA Adria-Alpe-Pannonia141142

MAnagement Tools, effective Relations for new Interregional Organisation aimed at

Strengthening the Cooperation among regions in the Adria-Alpe-Pannonia space.

Introduction

This INTERREG IIIB CADSES project was initiated in 2005, lasting until the end of 2007, and was

aimed at promoting integrated and coordinated development in the territory of the cooperation

area 'Adria-Alpe-Pannonia'. This area forms a coherent territory located at the interface of old and

new Member States and involves 14 regions from different Member States and third countries:

− Austria: Styria (Lead Partner), Carinthia, Burgenland

− Italy: Friuli Venezia Giulia, Veneto

− Slovenia: Government Office for Local Self-Government and Regional Policy (GOSP)

− Hungary: West-Transdanubia (Györ-Moson-Sopron, Vas, Zala) and South-Transdanubia

(Baranya, Somogy, Tolna)

− Croatia: Region of Istria, Koprivnica-Krizevci County

− Two partners in kind: Varazdin County (Croatia) and AP Vojvodina (Serbia)

The partner regions want to pool resources and combine their strengths to raise enough critical

mass for improving the quality and efficiency of their cooperation activity and consequently their

position in relation to other agglomerations.

Fig. 8: MATRIOSCA-AAP

Organisational background

Due to a wide range of bilateral and multiregional cooperations which exist side by side at

administrative level, project level and within Euregios, Working Communities, multiregional

organisations, etc., there are overlaps with projects in the same thematic fields and a lack of

information, cooperation and coordination among all these partners. There is therefore a huge

need for action:

− To safeguard political commitment to coordinated action

− To develop a strategic approach and framework for future projects

141 Börger, Stefan: MATRIOSCA-AAP. Strengthening Cooperation among regions in the Adria-Alpe-Pannonia space.

Vienna, 14.09.2007

142 http://www.matriosca.net/cms/ziel/4989192/EN/

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− To develop and implement joint projects of transnational importance

− To foster a lively community and sustain project generation by providing common

‘meeting places’ and coordinated technical support.

Type of EGTC

It is quite uncertain at the moment which type of EGTC the region envisages, but the idea exists

of an 'umbrella EGTC' (multi-functional EGTC) for strategic issues involving all partners, with

additional EGTCs on a smaller scale (bilateral or multilateral with just a few partners), without any

subordinated relationships among the forms of cooperation to be institutionalised. To this end, a

draft model statute for an EGTC was elaborated, which can be used for different levels /

institutions in the AAP area according to the envisaged type of EGTC.

Status of implementation

At the Final Political Conference of the project held in November 2007, the 'umbrella EGTC' was

confirmed in the final declaration. According to this agreement, the elaborated model statute shall

provide the basis for a future possible common structure to be agreed and then put into operation

as soon as the legal framework in the involved states has been established. Furthermore, smaller

scale forms of cooperation shall proceed alongside this in the MATRIOSCA-AAP space and

implement projects at the respective levels without any hierarchy between the territorially larger

level and the more restricted one. All regions propose to follow common strategies in their

projects, as they result from such a multilevel approach. The Alps-Adriatic Working Community

has already agreed to pursue these results.

5.4. Alps Mediterranean Euroregion143

Introduction

The territory of the Alps Mediterranean Euroregion covers five European regions, two on the

French side and three on the Italian one:

− Provence-Alpes-Côte d’Azur

− Rhône-Alpes

− Liguria

− Piedmont

− Valle d’Aosta.

The five regions represent about 17 millions of inhabitants on a territory of 110,000 sq km. Driven

by strong historical links of economic and cultural nature, the rationale behind the Euroregion

initiative is to reinforce the role of regions in Europe and influence the key policies of the

European Union through a common and coordinated action. Its main goal is to develop concrete

projects in key areas, such as accessibility and transport, innovation and research, environment

and risk prevention, culture and tourism, education and training, aimed at ensuring a balanced,

sustainable and shared development of the alpine and Mediterranean area.

143 Main source of information: material provided by the coordination office of the Euroregion Alps Mediterranean, May

2008.

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Fig. 9: Alps Mediterranean Euroregion

Background

The Alps Mediterranean Euroregion has its origins in COTRAO, the community of western Alps

set up by France (Rhône-Alpes and Provence-Alpes-Côte d'Azur), Italy (Piedmont and Valle

d'Aosta, Liguria for certain projects) and Switzerland (Valais, Geneva and Vaud) in the 1980’s. In

order to give a stronger visibility to this area facing an enlarged Europe and a new generation of

European programmes 2007-13, the two French and three Italian Regions decided in 2005 to

constitute the Alps Mediterranean Euroregion.

The five Presidents met for the first time in July 2006 in Piedmont to sign the Agreement that

established the Euroregion and defined the main lines for their cooperation. They met for a

second time in November 2006 in Rhône-Alpes and agreed on strategic actions that led to the

signature of the July 2007 Protocol of cooperation in Val d’Aosta. The protocol clearly states a

shared willingness to make use of the new European legal instrument: the EGTC. The Alps

Mediterranean Euroregion was officially launched during the Open Days in 2007 and its common

offices in Brussels were inaugurated in January 2008.

Thematic groups & Implementation

In July 2007 the Alps Mediterranean Euroregion has set up five thematic working groups, each

coordinated by one of the Region, as follows:

− Innovation and research - Provence-Alpes-Côte d’Azur Region

− Environment, risks prevention and sustainable development - Rhône-Alpes Region

− Accessibility and transport - Piedmont Region

− Tourism and culture - Liguria Region

− Education and training - Valle d’Aosta Region

The working groups aim at promoting the exchange of information and experience among the

regions, the development of shared territorial strategies and the implementation of common

projects in the identified fields. The Presidency of the Alps Mediterranean Euroregion is organised

on the basis of a half-yearly rotation system between the fie regions. The Region of Provence-

Alpes-Côte d’Azur ensures the presidency from January to the end of June 2008. Prior to this

date, the Euroregion intends to fulfil the legal and technical requirements needed to set up the

EGTC, such as the convention and the statutes. The next Presidency will be hold by Region

Liguria.

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EGTC perspectives

The Alps Mediterranean Euroregion intends to set up a legal basis by the means of an EGTC with

the main goal of running cooperation projects, possibly co-funded by the European Union within

its regional and other policies, in key areas that are primary for the development of its territory.

5.5. Hospital of Cerdanya (France/Spain)144

Introduction

The main objective of the project is to create a cross-border organisation for the construction and

subsequent management of an acute-care hospital for all patients in the regions of Cerdanya

(France, Catalonia-Spain) and Capcir (France). These regions are currently divided between two

different countries, but once were a single unit. Alta Cerdanya County and Capcir County

belonged to Northern Catalonia, the part of Catalonia that now forms part of France as a result of

the Treaty of the Pyrenees (1659).

Fig. 10: Location of the Hospital of Cerdanya145

Organisational background

In December 2002, the first political initiative was launched at a kick-off meeting of the politicians

of Catalunya and Languedoc-Roussillon concerning the possibility of building a common crossborder

hospital. All parties agreed that the existing hospital of Puigcerdà had no possibilities for

expansion and therefore the question arose whether to build a new hospital in the region. Based

on the first kick-off meeting, an INTERREG-financed feasibility study was carried out starting in

July 2003 to find out if a new cross-border hospital could be built. The study involved local and

regional French and Spanish health care actors. The study evaluated the health care needs in the

French and Spanish population as well as the technical and political possibilities for setting up a

common hospital structure. Therefore, the study was based on an analysis of data from both

144- Hospital of Cerdanya. http://www10.gencat.net/catsalut/cerdanya/en/

- Hospital of Cerdanya.

http://www.euregio.nrw.de/project-descriptions/details/id-102-hospital_of_cerdanya_details.pdf

- Euregio Project Homepage. Evaluation of cross-border activities in the European Union. Hospital of Cerdanya.

http://www.euregio.nrw.de/project-descriptions/details/id-102-hospital_of_cerdanya_details.pdf

145Hospital of Cerdanya.

http://www.euregio.nrw.de/project-descriptions/details/id-102-hospital_of_cerdanya_details.pdf

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sides (e.g. characteristics of the population, tourists, care needs of the population, evaluation of

care possibilities), a cost-evaluation analysis, evaluation of legal issues and face-to-face

interviews with politicians, professionals and the general public. The results of the study showed

the need for a hospital and the extent and amount of services that should be provided by the

hospital.

General agreement was reached on the goals of the project, but because of the different health

care systems in Spain and France and the differing competences, which in Spain are at the

regional level (Regional Ministry of Health of Catalonia and the Servei Català de la Salut as its

service purchasing agency) and in France at the national level (Ministry of Health in Paris),

several steps of negotiation were and still are required at different competence levels in France.

The structure of the project consists of a steering committee which has the political oversight of

the project (‘Supervisory Board’), a technical committee comprising the Department of Health, the

Servei Català de la Salut (CatSalut), the Agence Régionale de l’Hospitalisation (ARH), and the

co-direction group of the project with two main responsible persons, one from Spain and one from

France as the 'engine' of the project.

Both the Spanish and French sides decided to install the new hospital in Puigcerdà on the

Spanish side, because the city is bigger, more accessible and has a hospital tradition.

Furthermore, the local Spanish government offered land where the hospital can be built.

Type of EGTC

This EGTC should help to establish and manage the cross-border hospital (uni-functional -

project-level).

Status of implementation

On 19 March 2007 the French Minister of Health and Solidarity and the Catalan Minister of Health

signed a letter of intent in Puigcerdà to create a European Grouping for Territorial Cooperation as

an inter-administrative legal instrument for the governance and management of the future

Cerdanya Joint Cross-Border Hospital. The letter of intent establishes the minimum specifications

of the EGTC. Besides the two signatory parties, other regional and municipal public

administrations will also participate and be represented in the EGTC.

The building of the cross-border hospital is to start in mid-2008 and the hospital should be up and

running in 2010.

5.6. Eurometropole Lille-Kortrijk-Tournai

Introduction

The Eurometropole Lille-Kortrijk-Tournai is the first EGTC created according to the European

regulation. It brings together 14 partners from the urban French-Belgian border area around Lille

(FR), Kortrijk (BE, Flemish Region) and Tournai (BE, Walloon Region). It is a multi-functional type

of EGTC with a long-term strategic objective of territorial governance: promote and support

effective, consistent cross-border cooperation within the metropolitan territory.

Organisational background

The border territory around the metropolitan areas of Lille (FR), Tournai (BE, Wallonia) and

Kortrijk (BE, Flanders) is characterised by a continuity of conurbations polarised around city

centres. It counts not less than 2 million inhabitants and covers 3,550 sq km. There are strong

historical links between these cities and their inhabitants, despite national and linguistic frontiers.

Cross-border cooperation was intensified in the 1980s and soon the ‘Conférence permanente

intercommunale transfrontalière’ (COPIT) was created as institutional platform for this

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cooperation. The COPIT was transformed into an association under French law in 2001. A new

institutional and legal framework offered later favourable conditions for the creation of the

Eurometropole Lille-Kortrijk-Tournai: signature of the Brussels Agreement in 2002146, EGTC

Regulation in 2006 and setting up of a French-Belgian parliamentary working group in 2005-

2006147.

Fig. 11: The Eurometropole Lille-Kortrijk-Tournai

In November 2006, a technical working group was created on the occasion of the first meeting of

the Constitutive Committee of the Eurometropole: this group, made up of representatives of the

14 partners, prepared the texts for the convention and the statutes of the future EGTC. In March

2007, all prospective members signed a Declaration of intent for the creation of the Lille-Kortrijk-

Tournai Eurometropole. In July 2007, the technical group presented its results during the third

meeting of the Constitutive Committee. The draft texts for the convention and the statutes were

then transmitted for validation by the deliberative authorities of the 14 partners. The EGTC was

officially created on 21 January 2008, date of the ‘Arrêté du Préfet de la Région Nord-Pas-de-

Calais’. The constitutive meeting of the Assembly took place a few days later, on 28 January

2008.

Type of EGTC

The EGTC covers the territory of 4 Flemish districts, 3 Walloon districts and a French local

authority, Lille Metropole, which gathers 85 municipalities. In total 145 municipalities decided to

come together in this project.

Formally speaking, the EGTC counts 14 institutional partners:

− On the French side: the State, the Region Nord-Pas-de-Calais, the Département du

Nord and Lille Métropole Communauté Urbaine.

− On the Belgian side: the federal State, the Flemish Region and Community, the

Province of Western Flanders, the Leiedal intercommunal association148, the WVI

intercommunal association149, the Walloon Region, the French Community of Belgium,

146 Agreement on cross-border cooperation between local authorities of 16 September 2002, signed between the French

State and the Belgian federal and regional authorities.

147 The CIADT (Spatial Planning and Development Interministerial Committee) decided at the end of 2003 to set up this

group, whose activities started in 2005. The group, whose results were published in March 2007, identified the legal

brakes on the cross-border cooperation and produced ideas for solutions in different fields such as planning, transport,

employment, environment, education or safety.

148 On behalf of the communes of the District of Kortrijk

149 On behalf of the communes of the Districts of Roeselare, Ieper and Tielt

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the Province of Hainaut, the IDETA intercommunal association150, the IEG

intercommunal association151.

The Eurometropole intends to promote and support effective, consistent cross-border cooperation

within its territory. The objective of the Eurometropole is also to strengthen links between various

European conurbations, particularly in the fields of employment, transport, spatial planning (e.g.

through joint studies and spatial planning), sewage and culture (e.g. joint use of public sport

equipments).

The EGTC is composed of the following organs and bodies:

− The Assembly is the deliberating and control body. It is empowered to approve the

annual budget, amend the statutes, appoint the Board and select the cooperation topics.

All the levels of responsibility involved in the development of the urban area are present

within the Assembly (84 members).

− The Board is the executive authority, which aims at ensuring the direct piloting of the

EGTC. Operating like a board of directors, the Board constitutes the place of dialogue,

exchange and deliberation regarding the projects to be implemented. The board has 32

members. Dual parity is respected and the political level is represented.

− The Executive Management Committee, composed of the President and three Vice-

Presidents, will also respect the criteria of dual parity, notably through a rotating

chairmanship.

− Committees or working groups, designated by the Assembly and the Board, will be

responsible for studying major topics in order to carry out preparatory work and define a

multi-annual action programme.

− A Conference of Mayors and Burgomasters will bring together all the mayors and

burgomasters of the Eurometropole. Its purpose is to inform the Mayors and

Burgomasters of the works and projects of the EGTC and enable discussion of them at

the communal level.

− The Cross-Border Agency is the administrative and technical tool in charge of the

programming and follow-up of a multi-annual action plan decided on by the Assembly,

the chairing of thematic committees and the technical assistance for the projects

decided upon by the EGTC. Furthermore, its role is vital in the strategy building process

of the cross-border urban area. The registered office of the EGTC is located in Lille

(FR), while the agency will be located in Belgium, with bilingual staff.

The organisation set up by the Eurometropole Lille-Kortrijk-Tournai is achieved without any

transfer of competence in as far as the various organs created cannot take the place of the

already existing national components. This being the case, each member will check, within their

own institution, that the decisions taken are implemented.

A principle of double-parity applies to the functioning and composition of the organs: parity

between the French and the Belgian sides, and parity between the Flemish and the Walloon

sides for Belgium. As for the budget, the funding of the Eurometropole is shared equally between

France and Belgium, then between Flanders and Wallonia, it is assured by the various

participating levels of political responsibility. French-Dutch bilingualism is also a key-element of

the EGTC, and the name of the EGTC reflects this principle.

150 On behalf of the municipalities of the District of Tournai and the District of Ath and the communes of Lessines, Silly and

Enghien

151 On behalf of the municipalities of the District of Mouscron and the commune of Estaimpuis

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Status of implementation

The first annual budget of the EGTC, which was voted by the Assembly in January, amounts to

EUR 989.000 for 2008 and will be used to set up the operational services and launch the first

activities. The partners are now in the process of recruitment of the Director and staff for the

operational team. The opening of the offices in Kortrijk and Tournai is also planned for the next

months and the team should be completed by mid-2009.

In terms of activities, the first priority is to implement structuring projects for the Eurometropole,

e.g. with the coordination or merging of equipments (e.g. swimming pools, crematoriums), and to

involve the population in these projects. In particular the first projects should deal with daily

issues such as the environment, transport services and general public services for the population

and enterprises.

Also thematic commissions will be set up, to give impulse to the EGTC’s decision-making organs.

As for the functioning of the EGTC organs, one key-task at the moment is the drafting of internal

rules of procedure to complete the statutes of the EGTC.

Communication activities (website, brochure, exhibitions, media reports, press releases, etc) will

also be essential in 2008 and 2009, to make the EGTC known by the population, the media, other

European metropolitan border areas and the European institutions.

5.7. Euroregion Ister-Granum152

Introduction

This first EGTC in Central Europe, created on 6 May 2008, links the Slovak-Hungarian border

area around the cities of Esztergom (HU) and Stúrovo (SK). The two cities aim to pool their

resources on 20 joint projects in the framework of the new EGTC, including a regional healthcare

system, new port facilities, the rebuilding of five bridges across the Ipoly/Ipel, a regional tourist

agency, a bilingual TV and radio broadcasts.

Fig. 12: Euroregion Ister-Granum

152 Main source of information: http://www.istergranum.hu/index.php?k=admin_en/data/00000000/_fix/00000006&id=0

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Organisational background

Institutional cooperation in this border area started in 1999, when the Prime Ministers of Slovakia

and Hungary signed an agreement regarding the rebuilding of the Mária Valéria Bridge, which

links the two parts of the area and is therefore a key-element of cross-border cooperation. This

agreement was followed by the launching of a cooperation agreement between the two major

cities of the border area, Esztergom (HU) and Stúrovo (SK), which was then endorsed by the

involved regions. The bridge was inaugurated in 2001 and various cooperation activities were

launched (culture, media etc). The declaration of intent to create a Euroregion for the Ister-

Granum area was signed in 2003 and the Euroregion held its first assembly in February 2004. A

regional development agency was then created to implement euroregional activities.

The seven-year development programme of the Ister-Granum Euroregion was completed in 2005

and was presented to the European Parliament by the delegates of the region. The partners

eventually decided to continue cooperation on a long-term basis and give its own legal identity to

the Euroregion by creating an EGTC.

Type of EGTC

The EGTC Euroregion Ister-Granum is a multi-functional EGTC set up for an unlimited duration:

Its primary tasks are ‘the implementation of territorial cooperation programmes and projects cofinanced

by the European Union’153 and sustaining institutions. Furthermore the establishment of a

wine route, an enterprise-logistic belt, joint health provision, as well as an own energy agency and

tourism management organisations are amongst the plans.

The EGTC is registered in Hungary, with headquarters in Esztergom. Due to the limited liability of

some its Hungarian members, the Slovak members used the provision of the EGTC Regulation154

and decided to limit their own liability in the EGTC: Therefore the official name of the EGTC is

‘Ister-Granum European Grouping for Territorial Co-operation Ltd’.

In terms of functioning, the Euroregion is composed of following organs and bodies:

− The Director is the representative and the administrative leader of the EGTC. The work

of the director is supported by the Ister-Granum Eurorégió Fejlesztési Ügynökség Kft

(Ister-Granum Euroregion Development Agency Ltd).

− The General Assembly is the highest decision-making body of the EGTC. Its members

are the representatives of the local governments of the settlements participating in the

cooperation. Decisions are made with a 2/3 majority voting system, except for decisions

about adoption and amendments of the convention and statutes, which require

consensus.

− The Senate is the managing and operative body of the EGTC, with eight members. It

also manages the EGTC between meetings of the General Assembly.

− Joint chairpersons: These are the leaders of the General Assembly and Senate. They

are elected by the General Assembly for a period of two years, one year as Executive

and one as Deputy Chair.

− Six committees are operating within the EGTC with decision preparation tasks:

- Foreign Affairs Committee

- Human Resources Committee

- Economic and Asset Management Committee

- Environment Protection Committee

- Industrial and Transport Committee

- Culture and Tourism Committee

153 Art. 2 of the Statutes of the Euroregion Ister-Granum

154 Art. 12(2) of Regulation (EC) No 1082/2006

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− The Regional Advisory Body is composed of the six members of the Senate (local

governmental side), the representatives of the Chambers of Commerce and Industry of

the three counties involved (NUTS III), the representatives of the three largest employer

companies (for the commercial sector), and the 6 delegates of the Regional Civil

Parliament (non-profit sector). The development council is the strategic decision-making

body of the EGTC.

As for the financing of the structure, members’ contributions are paid to the EGTC budget

annually, and the amount is calculated on the basis of the population of each member.

Status of implementation (after the creation of the EGTC in May 2008)155

Step 1 – Registration:

− Registration process in both countries

− Preparation of common projects

− Joining of new members

Step 2 – After the registration:

− Create a committee system

− Actuation of institution system

− To make competitions

5.8. Eurodistrict SaarMoselle156

Introduction

This border territory between the agglomerations of Sarreguemines (FR, Moselle-Est) and

Sarrebrücken (DE, Saarland) covers an area of 1,500 sq km and a population of 1 million

inhabitants. It is characterised by strong economic and cultural links and exchanges (no

geographical barriers) and a main common challenge: the restructuring of the economy after the

dismantling of the mining industry.

Fig. 13: The Eurodistrict SaarMoselle Fig. 14: Detail view of the Eurodistrict SaarMoselle

155 Information provided by the Euroregion Ister-Granum, email of 29.05.2008

156 Main source of information: presentation by Mrs Isabelle Prianon, Director of the Eurodistrict Saarmoselle, given on the

occasion of the Second INTERACT Seminar on the EGTC, 10 April 2008, Brussels

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Organisational background

Both regions on each side of the border are in a peripheral situation from a national perspective;

to overcome this, the local authorities of the region have been conducting exchanges and joint

activities for many years. In 1997, they institutionalised their cooperation by creating the Zukunft

SaarMoselle Avenir association (association under French law specifically applicable to the

regions of Alsace and Moselle), with the aim of promoting the development of cross-border

cooperation in the area157. Its registered office is in Sarreguemines (FR) and the operational office

is located in Sarrebrücken (DE).

The partners are:

− The Saarbrucken Regionalverband (Urban Community)

− The City of Saarbrucken

− The Grouping of municipalities of the Pays de l’Albe et des Lacs

− The Sarreguemines Confluence agglomeration grouping

− The Forbach Porte de France agglomeration grouping

− The Grouping of municipalities of Freyming Merlebach

− The Grouping of municipalities of the Pays Naborien

− The Grouping of municipalities of the Warndt

− The Grouping of municipalities of the Faulquemont District

The association has various decision-making organs and operational bodies and as such is

somehow easy to run, which limits the budget needed. On the other hand, the work done and the

contacts obtained are often informal and the financial commitments of the partners are random. It

is therefore difficult to structure the association’s operations. Another key-problem is the

impossibility for the association, as private-law structure, to manage public funds from e.g.

INTERREG programmes, as it would need to provide bank guarantees, which is not possible due

to the absence of capital.

This being considered, the association responded to the call launched by the French and German

States in 2004, for the creation of ‘Eurodistricts’.

The Eurodistrict initiative (see footnote above) was therefore launched as a reflection to improve

and ensure the sustainability of the structure. Since then, several meetings have taken place to

evaluate the various possibilities in terms of legal structure. This year, the working group came to

the conclusion that the legal structure of an EGTC would definitely be the best form of

cooperation. The EGTC should eventually be able to support the joint development defined in the

‘Future vision’.

Following arguments were listed:

− The financial commitments of the partners could be secured on a multi-annual basis,

through contributions to the budget of the joint structure. This would guarantee a more

solid financial solidity and autonomy of the structure. The budget would be voted to

implement a mutli-annual working programme with adequate resources (compared to

the current functioning where the association is almost exclusively dependent on

external funding/grants). Also the EGTC itself could apply for EU-funded projects more

157 For instance currently the association’s activities are built up around three main initiatives: ‘Future visions’ (prospective

document for future urban planning), the ‘Metropolitan cooperation project’ initiative (supported by the French State /

DIACT and Saarland, for the integration of the area), and the ‘Eurodistrict’ initiative (reflection on the structuring of the

cooperation).

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easily. These two arguments alone are not sufficient to justify the choice of the EGTC,

as higher contributions from the members could be collected. However other arguments

have to be considered – see below.

− The diversity of cooperation partners involved also gives the advantage to the EGTC, as

compared to the LGCC158, as different types of public regional stakeholders could

become members.

− The EGTC offers the advantage of the visibility at EU level, as the instrument is

applicable throughout the European Union, and EGTC are registered in the European

Official Journal

These elements are still subject to approval by the future members of the structure.

Type of EGTC

The type of EGTC envisaged to replace the Eurodistrict association is a multi-functional EGTC

with unlimited duration, with activities in different fields of cross-border cooperation and for the

overall structuring of the border area.

The purpose of the future structure is to guarantee the sustainable development of the crossborder

territory through the support, promotion and coordination of cross-border cooperation

between municipalities and groupings of municipalities.

In agreement with its purpose, the mission of the future structure will be to:

− Manage cross-border projects,

− Assist its members in producing and implementing cross-border cooperation projects,

− Implement the joint territorial marketing of the cross-border metropolitan area,

− Promote the interests of the cross-border metropolitan area towards regional, national

and European institutions,

− Collect and distribute information on cooperation projects of its members throughout the

territory of the area.

Status of implementation

So far the partners of the future Eurodistrict have agreed on the purpose and main objectives

of the EGTC. Consensus has to be reached on the scope of the cooperation area.

In terms of membership, the main difficulty at the moment lies in the fact that there are different

potential members, some have been cooperating since 1997 already, some only joined the

cooperation in 2005 with the Metropolitan project, others are members of the association, others

are not. There have therefore different expectations and levels of commitment, and an idea could

be to differentiate between ‘core’ EGTC members and associated partners which would allow for

future membership.

Finally, while municipalities were allowed to be members of the association, their participation in

the EGTC could lead to over 100 members in the structure, which is challenging in terms of

management and organisation. As an alternative one could envisage to open participation to

groupings of municipalities instead, so as to limit the number of members while ensuring the

representation of the municipalities.

The partners would like to uphold the association’s organs. Their function will however be slightly

altered so as to be suitable to the legal form of the EGTC.

158 Local Grouping of Cross-Border Cooperation, created by the Karlsruhe Agreement of 1996 between Germany, France,

Luxembourg and Switzerland. The LGCC is an integrated cooperation structure of public law, applying to cross-border

cooperation among local and regional public authorities (but not national authorities or other public authorities)

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A flat-rate contribution is recommended in terms of financing. The crucial issue that remains to be

solved is that of the amount of the members contributions.

Finally, if the form of the EGTC does not present any problems, the issue of the location of the

headquarters is still debated. Regardless of the form of the structure, the law of one country has

to be chosen: while the legal framework in Saarland (DE) offers flexibility, the French legal

system guarantees more security in terms of management. The partners would therefore like to

find a compromise regarding the location of the headquarters on one side of the border and a

working office on the other side, which is complex to implement, e.g. in terms of management and

control.

In spite of this, the Eurodistrict SaarMoselle partners defined quite a ‘tight’ schedule for the

implementation of the new structure. The articles of association and the Convention are to be

drawn up by the end of June 2008, and following discussions among partners on the statutes,

convention, rules of procedure and working programme of the structure, the formal approval

procedure should start in 2009.

It is hoped that the creation of the EGTC will be possible and that the EGTC will be up-andrunning

by the end of 2009 or the beginning of 2010.

5.9. France-Vaud-Geneva Conurbation159 - Non-applicability of the EGTC instrument

Introduction

To meet the travel needs of the inhabitants of the cross-border area in a sustainable manner, the

partners undertook to ‘plan, coordinate, develop and organise the provision of cross-border public

transport’ in the entire France-Vaud-Geneva conurbation.

Fig. 15: The France-Vaud-Geneva Conurbation160

159 Mission Opérationnelle Transfrontalière. http://www.espaces-transfrontaliers.org/en/

160 Comité régional franco-genevois :

http://www.crfginfo.org/fck_editor/upload/File/CRFG_presentation/CarteCRFG_22mars07.pdf

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Organisational background

The existing legal structure is the Comité régional franco-genevois based on a 1973 international

agreement. On 23 February 2007, the French and Swiss local authorities161 signed a cooperation

agreement introducing joint governance for cross-border public transport by road (the inclusion of

rail transport would have entailed several other partners). This agreement is based on the

establishment of a Strategy Committee and a cooperation structure: a Local Grouping for Crossborder

Cooperation162 (LGCC). The LGCC will have the task of organising cross-border public

transport by road and its operation, administration, marketing and fare system. Other tasks may

be assigned to the LGCC by the Strategy Committee. The establishment of an LGCC also solves

one of the major difficulties in setting-up cross-border public transportation by road, since it allows

the issue of cross-border calls for tenders.

Due to the fact that an EGTC has to consist of members from at least two EU Member States163,

the France-Vaud-Geneva conurbation cannot set up a European Grouping of Territorial

Cooperation as it involves cooperation between one EU Member State and one non-EU

Member State.

The transportation LGCC mentioned above is only one of several existing or planned LGCCs164.

At a later stage, all these groupings are to be included in a 'cross-border agglomeration project',

which is already quite heavily subsidised by both the French and Swiss national governments.

The legal setting for this cross-border agglomeration is subject to discussions at present. Two

solutions seem possible165:

- The creation of an LGCC to ensure the cross-border implementation of the agglomeration

project (in particular for spatial planning issues) is the first option. However, the ban on

conferring regulatory power on an LGCC could raise difficulties. Additionally, Member

States as such cannot become members of an LGCC (and due to the rather

centralistic nature of France, the participation of the French state would probably be

needed alongside the local and regional governments).

- The second option consists in drawing up and adopting a specific international

agreement between France and Switzerland, which would provide a specific solution

including local, regional and national partners (and thus be closer to an EGTC). Since it

would be a specific legal and institutional solution - rather than a framework - allowing

public authorities to create their own institutional solution at their own initiative, it would

probably be possible to grant more competences (maybe even including some regulatory

powers) to whichever institutional cross-border structure was envisaged under such an

agreement. But it is highly unlikely that such a solution could be implemented before

2015.

161 For France: Rhône-Alpes Region, Ain and Haute-Savoie Départements, the municipal communities of the Annemasse

conurbation; For Switzerland: the Genevois and the Pays de Gex, and Geneva and Vaud cantons.

162 The LGCC establishment, which has been possible since the extension of the Karlsruhe agreement of 2004 on the

French-Swiss border, is a juristic person under public law with legal capacity and budgetary autonomy. The grouping is

subject to domestic law of the state where it has its registered office (in this case France).

163 Art. 3(2) of Regulation (EC) No 1082/2006

164 Two other LGCCs are already in place in the border area: one for the construction of a tunnel for the draining and

treatment of domestic wastewater from the Pays de Gex (FR) to Geneva (CH), the other for the management and

functioning of the Salève cablecar (situated on the French territory but on a mountain representing the natural heritage

of the whole cross-border area).

165 Levrat, Nicolas. Review of the INTERACT EGTC Handbook, July 2007

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5.10. Overview of EGTCs under consideration/in preparation/already functioning

This table, subject to amendments and completion, provides a provisional and non-exhaustive list of potential EGTCs. Some of the cases presented

below have only considered the EGTC as one possibility among others – in some cases the EGTC option has been set aside for the time being - and

further information should be obtained directly from the contact persons.

Name Area / countries

concerned Objective Contact person Email Further information

Alzette-Belval 2015 FR, LU Feasibility study in process

Cerdanya Hospital166 FR, ES Construction and management of a

cross-border hospital

Xavier Conill XCONILL@clinic.ub.es http://hcerdanya.eu/fr/index.h

tml

DonauHanse Cities network

alongside

Danube, from Ulm

(DE) to Odessa

(UA)

Led by City of

Vienna (AT)

Establish DonauHanse as a

sustainable engine for economic,

tourist, infrastructural and cultural

cooperation, beyond the current

borders of the EU

Gerhard Jakisch gerhard.jakisch@wien.gv.at www.donauhanse.net/

Eixo Atlantico ES, PT To give a legal basis to the existing

Eixo Atlantico network of

municipalities (Portuguese private

association). Convention and statutes

have been drafted.

N. Gestoso galicia.prensa@eixoatlantico.com www.eixoatlantico.com

Euregio Weinviertel AT, CZ, SK To structure cross-border cooperation,

based on the existing Euregio

Hermann Hansy rm@euregio-weinviertel.org www.euregio-weinviertel.org/

EuRegio West-

Nyugat Pannonia

Burgenland (AT)

West-Hungarian

counties (HU)

Having a unique structure and office

for the Euregio with common staff;

project development

Andras Vissi andras.vissi@westpa.hu www.euregio.hu/eu/de/west/

Euregio Salzburg -

Berchtesgadener

Land - Traunstein

AT, DE To create a unique legal structure for

the EuRegio, instead of two

associations and a working community

Steffen Rubach rubach.euregio@tzf.de www.euregio.sbg.at

166 See detailed presentation under Point 5.5

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Name Area / countries

concerned Objective Contact person Email Further information

Eurodistrict

Sarrebruck Moselle

Est167

FR, DE Feasibility study in progress Isabelle Prianon isabelle.prianon@svsbr.de www.saarmoselle.fr

Eurodistrict

Oderland-NadOdrze

(EDON)168

DE, PL - To give a legal basis to CBC

- EGTC as solution to the absence of

bilateral agreement DE-PL169.

- Convention and statutes have been

drafted.

Heike-Doreen

Ehling

info@bezgranic.net www.bezgranic.net

Eurometropole Lille-

Kortrijk-Tournai170

BE, FR Promote and support effective,

consistent cross-border cooperation

within the metropolitan territory –

territorial strategy and governance.

Lille Métropole

Communauté

urbaine

mvannouque-digne@cudl-lille.fr www.lillemetropole.fr

Euroregion (socalled

‘Villa Manin

Initiative’)

IT, AT, HR, open

to possible SI

membership

Create a permanent structure as a

legal entity in order to reinforce and

support territorial cooperation,

focusing on specific issues of common

interest.

Nelly Barbon

and Maria Greco

(Veneto

Region),

Giorgio

Tessarolo and

Elisabetta Reja

(Friuli Venezia

Giulia Region)

maria.Greco@regione.veneto.it

nelly.barbon@regione.veneto.it

giorgio.tessarolo@regione.fvg.it

elisabetta.reja@regione.fvg.it

www.regione.fvg.it/rafvg/rapp

ortieuropeinternazionali/area

Argomento.act?dir=/rafvg/cm

s/RAFVG/AT11/ARG8/

Euroregion Ister-

Granum171

HU, SK Multi-functional EGTC Norbert Jankai office@istergranum.hu www.istergranum.hu

167 See detailed presentation under Point 5.8

168 EDON was launched in 2003 as a community of interests between 15 German and Polish municipalities (no legal personality). To date the network numbers 25 members.

169 At the regional conference of EDON on 4.12.2007, the members jointly signed a letter to urge the national Polish authorities to adopt national provisions so that the planned EGTC can be

set up. An interim solution was agreed by the members: to create a German and a Polish association, each association being composed of the respective national members, cooperation

being ensured by an agreement signed between the two associations. Source: www.bezgranic.net

170 See detailed presentation under Point 5.6

171 See detailed presentation under Point 5:7

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Name Area / countries

concerned

Objective Contact person Email Further information

Eurorégion Alpes-

Méditerranée172

FR (Rhône-Alpes,

Provence-Alpes-

Côte-d’azur), IT

(Liguria,

Piemonte, Valle

d’Aoste)

To coordinate the participating

regions, facilitate access to EU

funding, develop a territorial strategy

Secretariat of

the Euroregion,

Brussels

eventsalpmed@bruxeurope.be

Eurorégion Alpes

Méditerranée

62, rue du Trône

B-1050 Bruxelles

Eurorégion

Pyrénées-

Méditerranée

ES, FR Multi-thematic cooperation between

the partner regions

Secretariat of

the Euroregion

info@euroregio.eu www.euroregio.eu

Galicia – Northern

Portugal Working

Community173

ES; PT Programme and project management Marilia Silva marilia.silva@ccdr-n.pt www.ccdr-n.pt

Greater Region174 FR, BE, DE, LU Management of the INTERREG IVA

Programme Greater Region

Préfecture de

Région Lorraine

(FR)

arielle.petitdemange@lorraine.pr

ef.gouv.fr

MATRIOSCA Adria-

Alpe-Pannonia 175

AT, IT, SI, HU,

Multi-functional EGTC Stefan Börger

Elisabetta Reja

stefan.boerger@stmk.gv.at

elisabetta.reja@regione.fvg.it

www.matriosca.net

National Park

Mercantour - Alpi

Marittime

FR, IT Cooperation between neighbouring

French and Italian natural parks176

Patrizia Rossi patrizia.rossi@parcoalpimaritt

ime.it

www.mercantour.eu

Plate-forme

transfrontalière

Flandre occidentale-

Dunkerque-Côte

d´Opale

BE, FR - Political representation (governance)

- Coordination of the actions of the

partners

- Coordination of project

development177178

www.dunkerquegrandlittoral.

org/home.html

172 See detailed presentation under Point 5.4

173 See detailed presentation under Point 5.2

174 See detailed presentation under Point 5.1

175 See detailed presentation under Point 5.3

176 There is a longstanding cooperation between the French National Park of Mercantour and the Italian Regional Park Alpi Marittime, with participation in various INTERREG projects and the

implementation of common action plans over the past two decades. The Board of directors of the National Park of Mercantour has recently confirmed its intention to set up an EGTC and to

launch the preparation phase. The final perimeter of the cooperation area to be covered by the EGTC is not set yet and could be enlarged to include other parks and partners.

177 Information collected from the presentation given by Mr Geert Sanders, General Director of the West Vlaamse Intercommunale, MOT Conference 8-9.11.2007, Lille.

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Name Area / countries

concerned

Objective Contact person Email Further information

Semclimed Mediterranean

countries (Spain,

Portugal, France,

Italy and Greece)

and eventually all

Mediterranean

regions e.g. North

African countries,

Turkey, Israel,

Palestine, etc.

Management of environmental

projects in the framework of

INTERREG IVC and/or MED - smallscale

EGTCs

Gloria Ortiz project.cief@gva.es www.semclimed.blogspot.co

Table 1: Overview of EGTCs under consideration/in preparation

178 On 30.11.2007 the political representatives of the area covered by the Platform signed a joint political declaration to set up an EGTC.

CHAPTER 6

CONCLUSIONS

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6. CONCLUSIONS

With the introduction of the European Grouping of Territorial Cooperation, the European

Commission has provided a striking new instrument for territorial cooperation throughout the

Union. In fact, Regulation (EC) No 1082/2006 is the first case in which an EC Regulation gives

specific and substantial rights to local, regional and national public authorities from

different countries to set up joint structures for more efficient cooperation. Like any other,

the Regulation produces direct effect in all Member States, but it also requires the Member States

to adopt the necessary implementing rules to ensure the effective application of the Regulation by

1 August 2007. Even though several Member States have fulfilled their obligation, many have not

done so yet and delays are therefore expected in the notification processes of newly created

EGTCs.

As the establishment of an EGTC can be a long process requiring long-term involvement and

commitment on the part of the partners as well as financial investment, such investments should

be proportionate to the expected result – a cost-benefit analysis should be organised. Early on

in the development stage the prospective members should consider the sustainability of the

EGTC. Particularly in the case of programme management the timing factor is essential, as the

setting-up process of an EGTC might take some time. In general, the setting up of an EGTC

might be easier where a long tradition of trust and cooperation is already in place based on a

formal structure (e.g. Euroregion/Euregio) than in regions with little history of cooperation and no

strong structures in place.

Also a cost-benefit analysis of non-cooperation should be envisaged, as non-cooperation

may in the long-run be more costly than cooperation!

It is also highly recommended to state a clear mission and objective of the EGTC right at the

very beginning. Prospective members should not hesitate to obtain legal advice concerning their

national legislations and their compatibility with the establishment of an EGTC.

Throughout the development of this Handbook the main advantages and limitations of the

EGTC instrument have been collected and summarised.

6.1. Advantages of the EGTC179

− Without doubt, the EGTC responds to the necessity of having a legal, institutional tool for

cooperation derived from Community law. It provides a common legal basis for all local

and regional authorities and Member States and is applicable in all Member States,

even those that have not signed the Madrid Outline Convention, its additional protocols or

specific bi- or multilateral agreements.

− The EGTC has a legal personality, which may be private or public depending on the

applicable national legislation (this possibility was left open in the Regulation). In

particular, the EGTC has the most extensive legal capacity accorded to legal persons

under the Member States´ national law. Compared to cooperation structures that have no

legal personality, this essentially means the possibility to act as an autonomous body,

having its own budget, hiring its own staff and contracting independently. Additionally

this also means that in case of prejudice the EGTC has the possibility to sue other

authorities (and generally be part of legal proceedings).

179 INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG programmes - Legal aspects

and partnerships, 2006. For the drafting of this study, various information sources were considered, including the report

by the AEBR ‘Towards a new community legal instrument facilitating public law-based transeuropean cooperation

among territorial authorities in the European Union' – March 2004

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− The rules relating to the composition of the EGTC allow the participation of all types of

'bodies governed by public law' and aim particularly at the 'Member States', the

'regional' and the 'local authorities' as well as associations of public entities180. This in

principle excludes private entities from participating, unless they meet the criteria

applying to bodies governed by public law (e.g. a private association solely composed of

public members and financed by public funds is to be seen as a body governed by public

law and may therefore participate in an EGTC).

− In principle, the possibility for Member States to participate had hitherto not been

considered in the field of cross-border cooperation, and this constitutes an important

change for territorial cooperation. It will allow some Member States to participate in such

cooperation where no regions exist (e.g. Slovenia, Luxembourg) or where the envisaged

theme of cooperation is a competence of the national level. It may also contribute to the

application of multi-level governance and increase the strategic dimension of territorial

cooperation181 (NB: the Member States are partners in many European Territorial

Cooperation programmes).

− The EGTC covers all types of European Territorial Cooperation: cross-border,

transnational and interregional. Thus, unlike most of the existing instruments in this field,

it is not limited to cross-border cooperation, even if it is expected that the EGTC could be

more often used under this first type of cooperation (proximity, limited number of

partners, etc. would make it easier to set up a joint structure).

− Beyond European Territorial Cooperation, the EGTC may be used for a diverse

spectrum of cooperation missions: management of other EU programmes, EU

projects and other cooperation outside EU funding. However, Member States may limit

the tasks that EGTCs may carry out without a Community financial contribution182.

− Third countries can be involved in an EGTC if their legislation and agreements between

Member States and the concerned third country allow it183, and if the concerned Member

States do not exclude this possibility.

− The EGTC can act on behalf of its members, and also it is possible for one member to

implement tasks of the EGTC on behalf of the whole partnership184.

− The EGTC does not create an additional administrative level and its members do not

transfer any competences to the EGTC, but entrust it with the implementation of specific

operational missions and tasks. The EGTC aims at abolishing a discriminatory aspect

within the European Union’s single market which made it more difficult to cooperate with

a partner from another country than one from one’s own Member State.

− The EGTC does not remove all existing legal formats of cooperation but appears as

a new optional alternative. Other existing formats should be considered if they are more

appropriate for the type of cooperation envisaged (see Annex 4).

− The limited number of compulsory organs185 allows flexibility for the EGTC members.

'Small' EGTCs can then have a lean structure, while 'larger' EGTCs may add more

organs.

− The EGTC provides an official 'label' recognised by the European Commission and

within the European Union in general. It gives more visibility to cooperation.

180 Art. 3 of Regulation (EC) No 1082/2006

181 The European Grouping of Territorial Cooperation, directed by Prof. Levrat, University of Geneva,Committee of the

Regions, January 2007

182 Art. 7(3) of Regulation (EC) No 1082/2006

183 Preamble clause 16 of Regulation (EC) No 1082/2006

184 Art. 7(5) of Regulation (EC) No 1082/2006

185 Art. 10 of Regulation (EC) No 1082/2006

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Fig. 16: Advantages of the EGTC186

6.2. Limitations of the EGTC187

− The aim of the EGTC is to create a uniform legal basis throughout the European Union.

However, a large variety of EGTCs is likely to emerge, due to different combinations of

aspects and factors, which could somehow blur the image of the EGTC188, e.g.:

- The members (homogeneous or heterogeneous) / with or without state

participation

- The applicable law (EGTC governed by public or private law / limited or

unlimited liability of members)

- The activities carried out (managing EC funds or without any EC financing /

carrying out activities on behalf of its members or just coordinating

cooperation)

- The inclusion/exclusion of members from third countries

- Etc

− The EGTC will probably provoke some distrust, mainly due to the fact that the EGTC

system contains some legal loopholes189. It is expected that this lack of legal safety will

limit recourse to the EGTC.

186 Based on INTERACT Point Tool Box study: Study on organisational aspects of cross-border INTERREG programmes -

Legal aspects and partnerships, 2006.

187 Ibid.

188 This limit can also be considered as an advantage, as it shows that the EGTC instrument adapts to the specificities and

circumstances of different areas, strategies, partnerships etc.

189 For legal details see The European Grouping of Territorial Cooperation, directed by Prof. Levrat, University of Geneva,

Committee of the Regions, January 2007

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− In several of its articles the Regulation refers to national legislations, which means that

different legal consequences may apply in different countries. The EGTC’s prospective

members therefore need to be cautious about the different national frameworks available

and choose the most appropriate for their structure. This requires solid legal knowledge

and expertise, as well as investment in time and legal advice.

− Private law entities do not figure amongst the potential EGTC members (except of

course if they may be considered as bodies governed by public law (see above and

Chapter 2). Private-public partnerships, however, can be set up e.g. between the EGTC

and a private actor or using other existing national or EU legal instruments.

− Delays can occur due to the fact that the deadlines for authorising participation in an

EGTC lack precision (see e.g. in the English version 'the Member State shall, as a

general rule, reach its decision within a deadline of three months...'190). In reality though

this flexibility clause does not apply except in a very specific case, namely the

participation of more than one Spanish regions in an EGTC (in such case, the ex-ante

control requires approval by the Spanish Parliament and therefore more than 3 months

might be needed). All Member States have agreed to the three-month rule are therefore

expected to apply it strictly.

− The vagueness of the wording 'The tasks given to an EGTC by its members shall not

concern the exercise […] of duties whose object is to safeguard the general interests

of the State'191 could create insecurities.

Fig. 17: Limitations of the EGTC192

6.3. Final recommendations

As the field of activities covered by Regulation (EC) No 1082/2006 is very large and offers a

complex number of different types of EGTCs, the methodology, strategy and legal steps for

establishing an EGTC will have to be adapted. Prof. Levrat193 states the likeliness of having

different procedures and steps in different countries. Although a number of legal aspects are still

190 Art. 4(3) of Regulation (EC) No 1082/2006

191 Art. 7(4) of Regulation (EC) No 1082/2006

192 Based on INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG programmes - Legal

aspects and partnerships, 2006.

193 Levrat, Nicolas (2006): In order to establish EGTCs. Abstract of the presentation. Brussels, 10 October 2006

INTERACT Handbook on the EGTC Conclusions

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very unclear, national legislators (or administrative authorities) should thus be encouraged to

adopt rules quickly, at least for certain categories of EGTCs to be established on their territory,

without waiting for all these legal issues raised by the variety of potential EGTCs to be resolved194.

Support: INTERACT and the Committee of the Regions, which will set up a register of existing

EGTCs (according to Art. 5 of Regulation (EC) No 1082/2006), will actively follow the

development of EGTCs and pursue their efforts to sustain territorial cooperation. Technical

support for pioneer/pilot EGTCs, collections of good practices and guidelines for establishing or

managing EGTCs in different legal contexts may also be provided by supporting institutions

(Mission Opérationnelle Transfrontalière (MOT) and EUROMOT195, General Secretariat of the

Benelux, Association of European Border Regions, Assembly of European Regions, etc.)196.

The European Commission, in line with its mandate as stated in Art. 17 of Regulation (EC) No

1082/2006, will play a specific role in the framework of this monitoring and follow-up process,

being in charge of evaluating the application of the Regulation and proposing any changes, if

needed, by 1 August 2011. To do so, the European Commission should be informed by each

Member State of the national provisions taken in application of the Regulation.

Having said that, all theoretical questions currently arising might be resolved very easily in

practice or indeed not occur at all! Pragmatism and flexibility will be needed, as well as a

strong commitment on the part of the potential EGTC partners. Any obstacles can be overcome

as long as there is a strong and joint desire to do so – after all, that is what territorial cooperation

is all about.

194 E.g. the participation of a foreign state in a legal structure under domestic law, even if it is based on an EC Regulation,

raises numerous and substantial legal problems.

195 MOT (www.espaces-transfrontaliers.org/en) is a member of EUROMOT, the European network of cross-border local

authorities created in November 2007 by MOT, Eixo Atlantico and City Twins.

196 Expert's recommendation.

BIBLIOGRAPHY

INTERACT Handbook on the EGTC Bibliography

page 83

BIBLIOGRAPHY

Literature

− Commission of the European Communities – COM(2004)496 final: Proposal for a

Regulation of the European Parliament and of the Council establishing a European

Grouping of Cross-Border Cooperation (EGCC) – 14 July 2004

− Commission of the European Communities – COM(2006)94 final: Amended Proposal for

a Regulation of the European Parliament and of the Council establishing a European

Grouping of Territorial Cooperation (EGTC) – 7 March 2006

− Commission of the European Communities – COM(2006)308 – Common position of the

Council on the adoption of a Regulation of the European Parliament and of the Council

on establishing a European Grouping for Territorial Cooperation (EGTC) – 13 June 2006.

− Council of the European Union – 8221/06 (Regio 14, Cadrefin 87, Codec 380): Proposal

for a Regulation of the European Parliament and of the Council establishing a European

Grouping of Territorial Cooperation (EGTC) – 7 April 2006.

− Council of the European Union – 8754/06 (Regio 20, Cadrefin 111, Codec 394, Oc 321):

Proposal for a Regulation of the European Parliament and the Council establishing a

European Grouping of Territorial Cooperation (EGTC) –28 April 2006.

− European Parliament – A6-0206/2005: Report on the Proposal for a Regulation of the

European Parliament and of the Council establishing a European Grouping of Cross-

Border Cooperation (EGCC) – Rapporteur: Mr Jan Olbrycht – 21 June 2005

− European Parliament – A6-0311/2005: Report on the role of ‘Euroregions’ in the

development of regional policy (2004/2257(INI)) – Rapporteur: Mr Kyriacos

Triantaphyllides – 19 October 2005.

− European Parliament and Council: Regulation (EC) No 1082/2006 of the European

Parliament and of the Council of 5 July 2006 on a European grouping of territorial

cooperation (EGTC)

− Council of Europe – European Treaties Series /106 – Strasbourg 1999:

- European Outline Convention on Transfrontier cooperation between territorial

communities (Madrid Outline Convention).

- Additional Protocol to the European Outline Convention on Transfrontier

Cooperation between Territorial Communities or Authorities

- Protocol No 2 to the European Outline Convention on Transfrontier Cooperation

between Territorial Communities or Authorities concerning inter-territorial

cooperation with explanatory report.

− Committee of the Regions: European Grouping of Territorial Cooperation (EGTC), a new

CoR Study on the new legal cooperation instrument. Ten questions and answers – 2006

− Committee of the Regions: Perspectives on Territorial Cooperation and the European

Grouping of Territorial Cooperation (EGTC). Political Strategy and Supporting Actions of

the Committee of the Regions – 2006

− Committee of the Regions: Opinion on the Proposal for a Regulation of the European

Parliament and of the Council establishing a European Grouping of Cross-Border

Cooperation (EGCC) –18 November 2004.

− European Economic and Social Committee – ECO/149: Opinion on the Proposal for a

Regulation of the European Parliament and of the Council establishing a European

Grouping of Cross-Border Cooperation (EGCC) – 6 April 2005.

− Euro-Institut Kehl: Seminar on the EGTC, a chance for the Upper Rhine?– Kehl, 14 June

2006 (FR/DE)

− Haselberger, Beatrix: European Grouping of Territorial Cooperation (EGTC) - A new

future perspective for European regions – 2006

INTERACT Handbook on the EGTC Bibliography

page 84

− INTERACT Point Tool Box: Handbook on the Lead Partner Principle in European

Territorial Cooperation Programmes – 2007

− INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG

programmes - Legal aspects and partnerships – 2006

− Levrat, Nicolas: In order to establish EGTCs. Abstract of the presentation – Brussels, 10

October 2006

− Levrat, Nicolas / Committee of the Regions: The European Grouping of Territorial

Cooperation – January 2007

− Mission Opérationnelle Transfrontalière: Proceedings of the information and discussion

day on the European grouping of territorial cooperation – 16 November 2006, Metz

− Schaffer, Hannes; Haselberger, Beatrix; Dillinger, Thomas; Zehetner, Franz:

Europäischer Verbund für Territoriale Zusammenarbeit (EVTZ) - ein Instrument zur

grenzüberschreitenden Zusammenarbeit. Weinviertel Management; November 2006

Presentations

− Almeida, Nuno; Ferreira, Nuno: The Galicia-Norte de Portugal Working Community –

Vienna, 14 September 2007

− Börger, Stefan: MATRIOSCA-AAP - Strengthening Cooperation among regions in the

Adria-Alpe-Pannonia space – Vienna, 14 September 2007

− Gomez-Reino Lecoq, Santiago: The Euroregion Galicia-Norte de Portugal – CoR

Seminar in Vigo, 6 July 2007

− Hannes, Astrid: The Euregio Meuse-Rhine and the EGTC – Vienna, 14 September 2007

− Haselberger, Beatrix; Dillinger, Thomas: European Grouping of Territoral Cooperation

(EGTC) – AESOP World Congress. Mexico, 13 July 2006

− Jodogne, Simon: The Eurometropole Lille-Kortrijk-Tournai – INTERACT Seminar on the

EGTC, Brussels, 10 April 2008

− Prianon, Isabelle: The Eurodistrict Saarmoselle – INTERACT Seminar on the EGTC,

Brussels, 10 April 2008

− Ramakers, Joëlle: Preparing the set-up of an EGTC in the Greater Region – Vienna, 14

September 2007

− Salambo, Ludivine / Mission Opérationnelle Transfrontalière: Le groupement européen

de coopération territoriale – Euro-Institut Kehl, 14 June 2007

− Spinaci, Gianluca: European Grouping of Territorial Cooperation. The contribution from

the Committee of the Regions – Budapest, 30 March 2007

− Sinner, Jean-Claude: Cross-border Cooperation in Practice – INTERACT Seminar, Riga,

14 June 2006

Websites and online documents

− Association of European Border Regions: Transeuropean Cooperation between

Territorial Authorities. New challenges and future steps necessary to improve cooperation

– 2001. www.aebr.net

− Committee of the Regions; Levrat, Nicolas. Eight steps to evaluate the feasibility of

establishing the EGTC. www.cor.europa.eu/En/activities/egtc_implement.htm

− Committee of the Regions: EGTC state of play:

www.cor.europa.eu/document/activities/egtc/EGTC_State_of_play.pdf

− COPIT-GPCI. www.copit-gpci.org/en

− EURES PED (Lorraine/Grand-Duché de Luxembourg/Province de Luxembourg):

http://www.euresped.org/

INTERACT Handbook on the EGTC Bibliography

page 85

− Eurometropole Lille-Kortrijk-Tournai:

www.lillemetropole.fr/index.php?p=986&art_id=15431

− Eurodistrict Saarmoselle: www.saarmoselle.org

− EUROPA - SCADPlus. Statute for a European Company:

http://europa.eu/scadplus/leg/en/lvb/l26016.htm, last updated on 11.10.2004

− EUROPA - SCADPlus. Statute for a European Cooperative Society:

http://europa.eu/scadplus/leg/en/lvb/l26018.htm, last updated on 11.10.2004

− European EEIG Information Centre. EEIG European Economic Interest Grouping. The

only transnational legal instrument for cooperation between entrepreneurs in Europe

(2001). www.libertas-institut.com/uk/EWIV/portal.htm

− European Trade Union Institute for Research, Education and Health and Safety: ‘The

small sister of the SE’: The European Cooperative Society (SCE): www.workerparticipation.

eu/european_company/european_cooperative_society/the_small_sister_of_t

he_se_the_european_cooperative_society_sce

− Euroregion Ister-Granum: www.istergranum.hu

− Euregio Meuse-Rhine: www.euregio-mr.org

− Euroregion Pyrenees Mediterranean. www.euroregion-epm.org

− Hospital of Cerdanya. www10.gencat.net/catsalut/cerdanya/en/

− Hospital of Cerdanya. www.euregio.nrw.de/project-descriptions/details/id-102-

hospital_of_cerdanya_details.pdf

− INTERACT. www.interact-eu.net/

− Matriosca. www.matriosca.net/cms/ziel/4989192/EN/

− MOT and EUROMOT. www.espaces-transfrontaliers.org/en/

− Mission Opérationnelle Transfrontalière. Cross-Border News No.24 – March 2006:

www.espacestransfrontaliers.

org/en/Newsletter_pdf/Cross_Border_News_March_2006.pdf

− Projets d´Europe (DIACT, France): www.projetsdeurope.gouv.fr/?lang=en

− Oberrheinkonferenz. www.oberrheinkonferenz.org/

− Parc national du Mercantour. www.mercantour.eu

Further sources

− Communication at the CoR seminar on EGTC. Vigo, 6.07.2007

− Communication at the EGTC Needs Assessment Meeting. Vienna, 14.09.2007

− Communication at the Open Days, CoR meeting on the EGTC. Brussels, October 2007

− Levrat, Nicolas. Review of the INTERACT EGTC Handbook, July 2007

− E-mails from consulted national and regional authorities – review process of the

INTERACT EGTC Handbook – 09.2007-02.2008

ACRONYMS

INTERACT Handbook on the EGTC List of acronyms

page 87

LIST OF ACRONYMS

AA Audit Authority

AEBR Association of European Border Regions

AER Assembly of European Regions

CA Certifying Authority

CoR Committee of the Regions

EEIG European Economic Interest Grouping

EGTC European Grouping of Territorial Cooperation

ERDF European Regional Development Fund

ESF European Social Fund

EU European Union

JTS Joint Technical Secretariat

LGCC Local Grouping of Cross-border Cooperation

LPP Lead Partner Principle

MA Managing Authority

MC Monitoring Committee

MS Member State

MSC Monitoring and Steering Committee

OP Operational Programme

PA Paying Authority

PIG Public Interest Grouping

PJM Project management

PM Programme management

SC Steering Committee

SCE Societas Cooperativa Europaea - The European Cooperative Company

SE Societas Europaea - The European Company

ANNEXES

INTERACT Handbook on the EGTC Annexes

page 89

ANNEXES

ENCLOSED WITH THE HANDBOOK:

1. Roadmap for setting up an EGTC

2. EGTC model convention - Template for use

3. EGTC model statutes - Template for use

4. Other available legal instruments for the purpose of territorial cooperation

5. Useful links and contacts

AVAILABLE ON THE INTERACT WEBSITE (ELECTRONIC ANNEXES):

− FAQ on the EGTC – Based on Questions and Answers sessions of the past INTERACT

Seminars on the EGTC

− Relevant Community Regulations (EGTC, EEIG, SE, SCE etc)

− National provisions adopted or in adoption:

- Belgium - Flanders (in Flemish)

- Bulgaria (in English)

- Denmark (in Danish)

- France (in French)

- Greece (in English)

- Hungary (in English)

- Portugal (in Portuguese and English)

- Romania (in Romanian)

- Slovenia (in Slovene)

- Spain (in Spanish)

- United Kingdom (National provisions and Guidance note, in English)

ANNEX 1 – ROADMAP FOR SETTING UP AN EGTC

This roadmap is to be used by the prospective partners of a future EGTC as a practical tool for reflection and decision-making. The phases

presented in the roadmap may be considered differently or the order of the steps may be changed. No specific timing can be given for each of

these steps as it will vary greatly depending on the different types of cooperation envisaged. In any case, the roadmap should be used carefully,

taking into account potential delays and drawbacks as well as other alternative solutions available, in order to reach the most cost-effective

solution for all partners involved. Before considering the first step of the roadmap, it is advisable to organise a needs assessment among the

potential partners and other stakeholders, e.g. in the form of a feasibility study.

All steps of this roadmap are presented in further detail in Chapter 4 of the Handbook, including specific information/recommendations for the

setting up of an EGTC for programme management (PM) or project management (PJM) - see column 'Reference in Chapter 4'.

INTERACT Handbook on the EGTC Conclusions

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Phase

Implementation

steps Explanation Source Open questions to be discussed Action list

Reference in

Chapter 4 of the

Handbook

The objective of an EGTC shall be to

facilitate and promote cross-border,

transnational and/or interregional

cooperation between its members with

the aim of strengthening economic and

social cohesion.

Art. 1(2) and Art.

7(3) (a contrario) of

Regulation (EC) No

1082/2006

An EGTC shall carry out the tasks given

to it by its members in accordance with

the Regulation and relevant national

legislations.

Art. 7(1) and Art. 2 of

Regulation (EC) No

1082/2006

The tasks of an EGTC shall be limited

primarily to the implementation of

territorial cooperation programmes or

projects co-financed by the Community

through the European Regional

Development Fund (ERDF). An EGTC

may carry out other specific actions of

territorial cooperation between its

members in pursuit of the objective

referred to in Art. 1(2) (see above) with

or without a financial contribution from

the Community.

Regulation (EC) No

1082/2006 Art. 7(3)

Member States may limit the tasks

EGTCs may carry out without a

Community financial contribution.

Art. 7(3) of

Regulation (EC) No

1082/2006

The tasks given to an EGTC by its

members shall not concern the exercise

of powers conferred by public law

(sovereign functions) or of duties whose

object is to safeguard the general

interests of the State or of other public

authorities, such as police and regulatory

powers, justice and foreign policy.

Art. 7(4) of

Regulation (EC) No

1082/2006

p1 Analysis of the

needs and

objectives of the

cooperation

PREPARATION

4.2.1

1) Do the defined needs and objectives

of the cooperation correspond with the

possible tasks of an EGTC?

2) Discuss which of the 4 EGTC models

you want to set up in order to

implement:

• territorial cooperation programmes -

European Territorial Cooperation

programmes

• co-financed projects in the field of

territorial cooperation under the

European Regional Development Fund

(ERDF) incl. European Territorial

Cooperation projects

• other EU-funded actions regarding

territorial cooperation

• actions of territorial cooperation

outside any EU funding

3) Can the defined objectives be fulfilled

within the required timeframe?

4) Does the national law of any

prospective Member State forbid the

possibility of setting up an EGTC for

territorial cooperation outside EU

funding?

• List of needs and objectives

• Definition of the general strategy and

mission(s) of the possible EGTC

• Definition of the timeframe (setting up,

duration of the project/cooperation)

• Choose either 1) one of the 4 EGTC

models, 2) a mix of different models, or

3) other cooperation

structures/agreements

• Feasibility study (if needed)

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Reference in

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The territorial scale of cooperation within

an EGTC can be cross-border,

transnational and/or interregional.

Art. 1(2) of

Regulation (EC) No

1082/2006

An EGTC has to be made up of

members located on the territory of at

least two Member States.

Art. 3(2) of

Regulation (EC) No

1082/2006

Authorities from third countries can be

involved in an EGTC if their national

legislation or any agreements between

Member States and the concerned third

country allow(s) it.

Although the possibility of involving third

countries is constituted by Regulation

(EC) No 1082/2006, Member States may

prohibit such participation

Check if:

• Involvement of a third country is

prohibited

• Involvement of a third country is

allowed --> consider whether the third

country has adopted applicable

legislation and/or signed an agreement

with the concerned Member State(s)

p3 Identification of

the essential

competences and

skills

An EGTC shall be made up of members

acting in a common framework, within

the limits of their competences under

national law. Therefore the least

common denominator regarding these

competences has to be found.

Art. 3(1) and Art.

7(2) of Regulation

(EC) No 1082/2006

Which competences and skills are

needed to fulfil the objectives of the

EGTC? Do the identified partners have

these competences and skills?

Catalogue of topics according to actual

and/or needed competences and skills

of each prospective partner => find out

common fields of competence 4.2.3

p2 Definition of the

territorial scale

PREPARATION

What is the appropriate geographical

size of cooperation for achieving the set

objectives?

Does the national law of each

prospective Member State allow the

involvement of a third country in an

EGTC?

Outline the territory and boundaries of

the cooperation area

4.2.2

Preamble clause 16

of Regulation (EC)

No 1082/2006

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Reference in

Chapter 4 of the

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p4 Identification of

the partners

Members of an EGTC can belong to one

of more or the following categories:

Member States, regional or local

authorities, associations of public

authorities (e.g. Euroregions, Working

Communities - provided they have a

legal personality) and 'bodies governed

by public law' within the meaning of

Directive 2004/18/EC Art. 1(9).

The partners should then be identified

according to the competences and skills

needed.

Art. 3(1) of

Regulation (EC) No

1082/2006

• If the planned EGTC is based on an

existing cooperation structure

(Euroregion, Working Community,

structures for the management of EU

programmes or project-based

cooperation structures):

- Do you already have the needed

competences and skills or do you have

to change?

- Do you need new partners?

- What are the conditions for

transforming an existing cooperation

structure into an EGTC? Does the

former structure have to be dissolved?

• Which partners correspond to the

skills and competences needed?

• If partners are already known, do they

all have at least one competence in

common?

• Catalogue of (new) partners, including

the specification of their legal statuses,

competences, and national provisions

applying to EGTCs in each Member

State concerned.

• Consider the interpretation of 'public

equivalent body' in each of the Member

States concerned

4.2.4

p5 Exploration of

the available

national legal

frameworks

Although the Regulation has produced

direct legal effects in all Member States

since 1 August 2007, in practice national

provisions have to be in place in the

concerned States to enable the

establishment of an EGTC. Some

Member States have still not progressed

very far in making these provisions.

Experts

recommendation

Have the necessary provisions been

made in all concerned Member States?

• YES: The provisions are in place in all

concerned Member States --> Compare

the different applicable provisions and

consider those which best fit for the

type of EGTC envisaged.

• NO: Delays will arise --> Consider

whether alternative solutions should be

searched for (other type of structure) or

wait for the provisions to be in place –

This time can be used e.g. to start

drafting convention and statutes.

4.2.5

• How far have the concerned Member

States progressed with establishing the

provisions?

• Has the procedure for

application/notification been clarified in

all concerned Member States?

• What is the attitude of the concerned

Member States towards the

establishment of an EGTC?

• Are there any other expected causes

of delay?

• Will the EGTC be based on an

existing cooperation structure?

• If so, are any delays expected due to

a transition phase (staff, etc.)?

4.2.6

PREPARATION

p6 Consideration

of the timing and

potential risk of

delays

Experts

recommendation

• List of possible delays (external and

internal factors)

• Roadmap and estimated timeframe for

setting up (backward planning can be

envisaged, taking as starting point the

planned date of creation of the EGTC

and planning backwards)

CSQ: Either delays are accepted by all

members or another cooperation

structure/agreement has to be

considered

Delays are expected due to the fact that

some Member States have not

progressed very far in making the

appropriate provisions.

See other potential types of delays in

Point 4.2.6

Phase

Implementation

steps Explanation Source Open questions to be discussed Action list

Reference in

Chapter 4 of the

Handbook

d7 Consideration

of other

instruments or

cooperation

structures and

selection of the

most appropriate

There are a number of possible

instruments and structures for territorial

cooperation, e.g.:

Agreements:

• Cooperation agreements, goodwill

agreements, memoranda of

understanding, etc.

Structures:

• European Grouping of Territorial

Cooperation (EGTC)

• European Economic Interest Grouping

(EEIG)

• Cooperation instruments/structures

based on plurilateral or bilateral treaties

and agreements

• Cooperation structures based on

national legislations - with possible

participation of foreign members

See Annex 4 for further information

Experts

recommendation

1) Are there any existing adequate

cooperation structures or agreements

for regulating the cooperation?

• YES --> Go to questions 2,3

• NO: Why was there no institutional

cooperation structure in place so far?

a) There were no problems that

required such a structure --> Then do

not create one, even if possible.

b) Problems existed but were efficiently

resolved by other means --> Go to

questions 2,3

c) No institutional solution was available

until now --> The existence of the

EGTC as a new solution should not

prevent you from looking at answers a)

and b) again --> Go to questions 2,3

2) What are the

advantages/disadvantages of using the

EGTC versus setting up a new

bilateral/multilateral agreement or

another structure?

3) Do we need to set up a legal

structure (with statutes, organs, an

office, staff etc) or is the signing of a

cooperation agreement sufficient?

Comparison of different alternative

instruments and cooperation structures

available (taking account of the open

questions)

4.3.1

d8 Verification of

the legal feasibility

of the planned

proposal

After deciding on the most appropriate

solution, the legal feasibility has to be

checked taking account of possible

differences in the national legal systems

(public or private law / limited or

unlimited liability).

Experts

recommendation

• What national provisions are

applicable in the different Member

States concerned?

• Which national provisions are the

most appropriate/favourable for the

EGTC?

• Recommended: seek legal advice

and/or organise a feasibility study

• If setting up an EGTC is the most

appropriate solution and is legally

feasible, then you can implement the

next steps.

• Otherwise consider another

cooperation structure/agreement

4.3.2

DECISION

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Phase

Implementation

steps Explanation Source Open questions to be discussed Action list

Reference in

Chapter 4 of the

Handbook

The registered office of an EGTC shall

be located in a Member State under

whose laws at least one of the members

is formed.

Art. 8(2) of

Regulation (EC) No

1082/2006

The decision regarding the seat of the

EGTC determines the applicable law and

the financial control procedures, as these

lie within the competence of the Member

State in which the EGTC has chosen to

set up its office.

Regulation (EC) No

1082/2006 Art. 2

and Art. 6

If an existing cooperation structure

decides to transform into an EGTC, the

working conditions and other

considerations during/after the transition

phase should be taken into account.

Experts

recommendation

I10a Drafting of the

convention in

agreement with

partners and

national authorities

An EGTC shall be governed by a

convention concluded unanimously by its

members.

See also Point 4.4.2 for further details

Art. 8(1) of

Regulation (EC) No

1082/2006

The convention has to specify:

• The name of the EGTC and its

registered office

• The extent of the territory in which the

EGTC may execute its tasks

• The specific objective and tasks of the

EGTC, its duration and the conditions

governing its dissolution

• The list of the EGTC´s members

• The law applicable to the

interpretation and enforcement of the

convention, which shall be the law of

the Member State where the EGTC has

its registered office

• The appropriate arrangements for

mutual recognition, including for the

purpose of financial control

• The procedures for amending the

convention.

• Proposal of the convention

• NB: Since each amendment to the

convention requires approval by the

Member States, the content of the

convention should be kept very concise -

no more than what is required by the

Regulation. Other elements can be

integrated into the statutes.

• NB: The extent of the territory does

not necessarily correspond to the entire

territory of each prospective member,

e.g. where a Member State is a

member of an EGTC it is often not the

entire national territory concerned.

4.4.2

I9 Location of the

registered office

IMPLEMENTATION

• Where is the registered office to be set

up?

4.4.1

Decision on the seat of the registered

office - To be possibly taken in

consideration :

• National provisions of each concerned

Member State (legal status of the

EGTC (private-public), provisions

regarding staff, provisions regarding

liquidation, insolvency, liability, etc.)

• Location of the office within the

cooperation area (central location

should be considered if possible)

• Political will to host the office,

including e.g. financial offers made by a

member

• Political stability, administrative

culture, opinion of the population etc

• Fiscal regimes and other conditions

for staff (salaries, social schemes etc)

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The statutes of an EGTC have to be

adopted on the basis of the convention

by its members acting unanimously.

Art. 9(1) of

Regulation (EC) No

1082/2006

Each prospective member shall notify the

Member State under whose law it has

been formed of its intention to participate

in an EGTC and send that Member State

a copy of the proposed convention and

statutes. The Member State shall reach

its decision within a deadline of three

months, either on the EGTC itself if it is

to be set up in this Member State or on

the participation of the members from

this Member State, as well as giving a

decision on the convention and statutes.

Art. 4(2) of

Regulation (EC) No

1082/2006

• Participation of the members in an

EGTC is approved or not

• If the convention and statutes are not

approved by every concerned Member

State, partners have to rewrite them

and therefore go back to step I10

Once each prospective member has

received approval, all members shall

unanimously agree on the final version of

the convention and the statutes.

Art. 4(5) of

Regulation (EC) No

1082/2006

Voting of the convention and statutes

by all members unanimously

IMPLEMENTATION

I11a Notification of

the convention and

statutes

I10b Drafting of the

statutes in

agreement with

partners and

national authorities

• As with the convention, the statutes

should also be kept as concise as

possible. The competences of the

assembly/director have to be clearly

specified in the statutes.

• If more rules and determinations are

needed, the introduction of an additional

document such as a procedures manual

is recommended as a tool of selfcommitment

by the EGTC´s members.

4.4.4

Proposal of the statutes

4.4.3

The statutes of an EGTC shall contain,

as a minimum, all the provisions of the

convention together with the following:

• The operating provisions of the

EGTC's organs (assembly: permanent

or rotating presidency?) and their

competences, the number of

representatives in the relevant organs

• The decision-making procedures

(consensus or majority rule?)

• The working language(s)

• The arrangements for its functioning,

concerning staff management,

recruitment procedures and the nature

of staff contracts

• The arrangements for the members'

financial contributions and the

applicable accounting and budgetary

rules, including rules on financial

issues, for each of the members with

respect to the EGTC

• The arrangements for members'

liability in accordance with Art. 12(2)

• The authorities responsible for the

designation of independent external

auditors

• The procedures for amending the

statutes

• Any other provision deemed relevant

Experts

recommendation

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Reference in

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The statutes and any subsequent

amendments shall be registered and/or

published in accordance with the

applicable national law in the Member

State where the EGTC has its registered

office. The members have to inform the

Member States concerned and the

Committee of the Regions of the

convention and the registration and/or

publication of the statutes.

Art. 5(1) of

Regulation (EC) No

1082/2006

• Registration and/or publication of

statutes

• Inform the Committee of the Regions

and the Member States concerned

Within 10 working days of the registration

and/or publication of the statutes, a

request has to be sent to the Office for

Official Publications of the European

Communities for publication of a notice in

the Official Journal of the European

Union announcing the establishment of

the EGTC.

Art. 5(2) of

Regulation (EC) No

1082/2006

Publication of a notice in the Official

Journal of the European Union

The EGTC shall acquire legal personality

on the day of registration or publication

Art. 5(1) of

Regulation (EC) No

1082/2006

An EGTC shall have at least the

following organs:

• an assembly, which is made up of

representatives of its members

• a director, who represents the EGTC

and acts on its behalf.

Art. 10(1) of

Regulation (EC) No

1082/2006

The statutes may provide for additional

organs with clearly defined powers.

Art. 10(2) of

Regulation (EC) No

1082/2006

IMPLEMENTATION

• What is the role of the director and

the assembly?

• Should all members be represented in

the assembly?

• Who should represent each member

in the assembly (administrative or

political level? How to ensure continuity,

e.g. despite political changes?)?

• How frequent are the meetings of the

assembly?

• Decision-making process: majority or

consensus?

• Do we need/want additional organs?

• Can the members second staff to the

EGTC?:

- Who employs these staff?

- What is the legal basis?

- In which country are staff insured?

- Can these staff subsequently return

to their administration of origin?

I11b Publication of

the convention and

statutes

4.4.6

I12 Launching the

EGTC

• Establishment of the office (incl.

branch office(s) if applicable): rental

contract, equipment (public

procurement procedures of the hosting

country to be considered), etc.

• Recruitment of staff (or secondment

from the partner institutions), incl. the

director

• Define clearly the functions and

competences of the director and the

assembly

• Launching of the assembly (first

meeting)

• Launching of first activities --> This

requires the availability of funds to

cover the launch costs, to be raised

from the partners' contributions and/or

via a loan.

• Setting up of management and control

system (incl. financial flows, accounting

system, auditors).

4.4.5

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steps Explanation Source Open questions to be discussed Action list

Reference in

Chapter 4 of the

Handbook

An EGTC has to establish an annual

budget containing a component for

running costs and, if necessary, an

operational component (project-related

budget).

Art. 11(1) of

Regulation (EC) No

1082/2006

• How will the budget be formed?

Although not compulsory, contributions

by all members are highly recommended

to ensure equal involvement and

enhance their sense of responsibility.

Experts

recommendation

• Should all members contribute to the

budget? Equally or not? When and how

often should they make these

contributions, and in what amount?

Control of expenditures:

• EU funds --> EU eligibility rules and

national eligibility rules of the country of

the EGTC´s seat

• Other sources (public funds,

contributions of the members) --> rules of

the country of the EGTC´s seat

Art. 6 of Regulation

(EC) No 1082/2006

P14 Liquidation,

insolvency and

cessation of

payments

As regards liquidation, insolvency,

cessation of payments and similar

procedures, an EGTC shall be governed

by the laws of the Member State where it

has its registered office.

Art. 12(1) of

Regulation (EC) No

1082/2006

What are the applicable national

provisions?

Consult national provisions and clarify

these provisions to all members of the

EGTC, including members from other

EU Member States.

4.5.2

An EGTC shall be liable for its debts

whatever their nature. To the extent that

the assets of an EGTC are insufficient to

meet its liabilities, its members shall be

liable for the EGTC's debts whatever

their nature, each member's share being

fixed in proportion to its contribution,

unless the national law under which a

member is formed excludes or limits the

liability of that member. If the liability of at

least one member of an EGTC is limited

as a result of the national law under

which it is formed, the other members

may also limit their liability in the statutes.

Art. 12(2) of

Regulation (EC) No

1082/2006

• What is the current status regarding

liability (unlimited or limited) of the

EGTC´s members?

• What are the national provisions

applicable in terms of liability?

A Member State can prohibit the

registration on its territory of an EGTC

whose members have limited liability.

Art. 12(2) of

Regulation (EC) No

1082/2006

Is the registration of an EGTC whose

members have limited liability permitted

in the Member State concerned?

PERFORMANCE

4.5.1

P15 Liability

4.5.3

P13 Budget • Draft an annual budget

• Decision on the financial contributions

of the members

• Decision on the financial control

procedures, accounting and the audit

trail

Decision on unlimited or limited liability

if the conditions for such a decision are

met (according to Art. 12(2) of

Regulation (EC) No 1082/2006)

Phase

Implementation

steps Explanation Source Open questions to be discussed Action list

Reference in

Chapter 4 of the

Handbook

PERFORMANCE

P16 Evaluation Two to three years after its establishment

the EGTC should be evaluated.

Experts

recommendation

• Which difficulties occurred during the

implementation process and in

operating the EGTC?

• Does the set-up and implementation

of the EGTC meet the original

expectations?

• What kind of evaluation is necessary?

Done internally or externalised?

• If external, how will the evaluation be

financed?

• Upon creation of the EGTC: list

objectives/targets and deadlines

• Catalogue of difficulties and possible

solutions

• Do the results of the evaluation meet

the expectations set at the beginning of

the implementation process?

- YES: continuation of the EGTC

- NO: adjustment of procedures,

statutes, etc. or dissolution

4.5.4

The activities of an EGTC may be

prohibited by a competent court or

authority if they contravene public policy,

security, health, morality or the public

interest. Dissolution may also be

possible if the EGTCs activities exceed

the defined scope.

Art. 13 and Art. 14 of

Regulation (EC) No

1082/2006

Dissolution may also be the result of a

decision by the Assembly of the EGTC.

Results of the evaluation of the

performance of the EGTC may lead to

different decisions:

• EGTC with limited duration: dissolution

at the termination date of the EGTC, but

possible before

• EGTC with unlimited duration:

dissolution by joint agreement of the

members

DISSOLUTION

• Archiving: Who will keep the files of

the dissolving EGTC (e.g. accountancy

and documentation of expenditures):

one of the partners?

• Legal proceedings: What if the EGTC

was party to any legal proceedings,

before or after being dissolved? Legal

advice is necessary.

• Convention and statutes: Should each

EGTC member inform their national

authority of the dissolution? Check the

national provisions. 4.6

D17 Dissolution • Decision on archiving procedures

• Consultation of legal advisors

• Check information procedures

• Properties acquired by the EGTC

should be sold and/or redistributed

among the partners. The remaining

budget might be used to pay final

expenditure. The rest should be

redistributed among the members

(calculation formula). If this happens

within 5 years of the dissolution, any EU

Structural Funds received by the EGTC

will be handled as revenues to be

deducted (Art. 55 of Regulation (EC) No

1083/2006).

• Inform staff about the end of the

contracting period in accordance with

the applicable national provisions.

• Although not explicitely stated in the

Regulation, the Committee of the

Regions, which will hold a register of

EGTCs, should be informed of such

dissolution.

page 99

INTERACT Handbook on the EGTC Conclusions

INTERACT Handbook on the EGTC Annexes

page 99

ANNEX 2 – EGTC MODEL CONVENTION, TEMPLATE FOR USE

INTRODUCTORY NOTE

This DRAFT model is based on a draft EGTC convention collected and standardised by INTERACT

for use by other cooperation areas. This document is intended to serve as a very basic template for

the bodies setting up an EGTC. This draft has to be adapted to reflect the specificities of their EGTC,

their partnership and the applicable national law.

The compulsory elements are those listed in Art. 8(2) of Regulation (EC) No 1082/2006:

− Name and registered office – ARTICLES 1 and 2 of the template

− Extent of the territory – ARTICLE 3 of the template

− Specific objective and tasks of the EGTC – ARTICLE 4 of the template

− List of the EGTC’s members – ARTICLE 5 of the template

− Law applicable to the convention (Law of the Member State of the registered office) –

ARTICLE 6 of the template

− Arrangements for mutual recognition, including for the purpose of financial control –

ARTICLE 7 of the template

− Procedures for amending the convention – ARTICLE 8 of the template

Elements in RED are to be completed by the prospective members.

Additional elements may be necessary for the specific circumstances.

Disclaimer

Please note that INTERACT's goal is to provide useful information to European Territorial Cooperation

programmes and projects, as well as to keep this information timely and accurate. If errors are brought

to our attention, we will try to correct them. However we cannot accept responsibility or liability

with regard to this information. This information is:

− of a general nature only and is not intended to address the specific circumstances of any

particular individual or entity;

− not necessarily comprehensive, complete, accurate or up to date;

− not professional or legal advice (if you need specific advice, you should always consult a

suitably qualified professional).

INTERACT Handbook on the EGTC Annexes

page 100

Convention of the European Grouping of Territorial Cooperation

[NAME OF THE EGTC]

Based on Art. 8 of Regulation (EC) No 1082/2006 of the European Parliament and the Council of 5

July 2007 on a European Grouping of Territorial Cooperation (EGTC)

PREAMBLE197

ARTICLE 1 – NAME

The name of the EGTC is [NAME OF THE EGTC]

⇒ Nota Bene: if the members of the EGTC have limited liability, the name of the EGTC shall include

the word 'limited'198.

ARTICLE 2 – REGISTERED OFFICE

The registered office of the EGTC is located in [NAME OF THE COUNTRY – POSTAL ADDRESS OF

THE REGISTERED OFFICE]

⇒ Nota Bene: if the registered office is not the same as the operational office, the location of the

operational office may be stated here.

ARTICLE 3 – AREA OF INTERVENTION

[LIST OF THE AREAS COVERED BY THE EGTC’S INTERVENTIONS]

⇒ Nota Bene: It is not necessarily the case that the area of intervention of the EGTC corresponds to

the overall area of each member (e.g. if a Member State is a member of the EGTC, it does not

mean that the whole country area is covered by the EGTC).

⇒ Option: The possibility for territories outside the area covered by the EGTC to be associated with

the activities of the EGTC on an ad-hoc basis.

ARTICLE 4 – OBJECTIVE AND TASKS

4.1 Main objective

The objective of the EGTC is to [MAIN OBJECTIVE OF THE EGTC].

⇒ Nota Bene: The EGTC is of course expected to contribute, through its activities, to the

strengthening of economic and social cohesion, but this does not necessarily have to be justified

in written in the statutes and convention (Art. 7 of Regulation (EC) No 1082/2006) (in most cases

such contribution is self-explanatory).

4.2 Tasks

The specific tasks of the EGTC are: [LIST THE SPECIFIC MISSIONS OF THE EGTC]

4.3 Duration of the EGTC

The EGTC is set up for [UNLIMITED/LIMITED] duration [UNTIL … AND END DATE IF LIMITED

DURATION]

197 Optional

198 Art. 12(2) of Regulation (EC) No 1082/2006

INTERACT Handbook on the EGTC Annexes

page 101

4.4 Dissolution

− Satisfaction of creditors and distribution of the remaining property

− Dissolution procedure: start date; liquidators: functions and mission.

ARTICLE 5 – MEMBERS

The members of the EGTC are [LIST OF THE MEMBERS].

⇒ Option: Rules applying to membership.

ARTICLE 6 – APPLICABLE LAW

The members will comply with Regulation (EC) No 1082/2006 of the European Parliament and the

Council of 5 July 2006 on a European Grouping of Territorial Cooperation (EGTC) as amended, as

well as with the national provisions of the Member State in which the EGTC has its registered office.

For the interpretation and enforcement of the convention, the law of [MEMBER STATE OF THE

REGISTERED OFFICE OF THE EGTC] is applicable.

ARTICLE 7 – AGREEMENTS FOR MUTUAL RECOGNITION

In the interests of mutual recognition of the legal systems of the EGTC members from the other

participating Member States, including for financial control issues, it is agreed that all documentation

needed for financial control should be made available in the language of the independent external

auditors [NAME IF APPLICABLE] and in the form required.

ARTICLE 8 – PROCEDURES FOR AMENDING THE CONVENTION

Amendments to the convention require the approval of the members of the EGTC. Based on a

proposal of amendment by a member to the [ASSEMBLY OR OTHER RELEVANT ORGAN

RESPONSIBLE], the proposal will be submitted to the assembly for decision. Each amendment to the

convention requires the approval of the members. Each member informs its Member State of the

purpose of the amendment and sends its Member State a copy of the proposal of amendment. Each

amendment must be publicised in accordance with Art. 5 of Regulation (EC) No 1082/2006 of the

European Parliament and the Council of 5 July 2006 on a European Grouping of Territorial

Cooperation (EGTC).

ARTICLE 9 – FINAL PROVISIONS

The EGTC members will notify the present convention to the Committee of the Regions according to

Art. 5 of Regulation (EC) No 1082/2006.

[OTHER FINAL PROVISIONS]

Date, place

Signatures

INTERACT Handbook on the EGTC Annexes

page 102

ANNEX 3 – EGTC MODEL STATUTES, TEMPLATE FOR USE

INTRODUCTORY NOTE

This DRAFT model is based on a draft EGTC statute collected and standardised by INTERACT for

use by other cooperation areas. This document is intended to serve as a very basic template for the

partners setting up an EGTC. This draft has to be adapted to reflect the specificities of their EGTC,

their partnership and the applicable national law.

The compulsory elements are those listed in Article 9(2) of Regulation (EC) No 1082/2006:

− All provisions of the convention – ARTICLE 1 TO 8 of the template

− The operating provisions of the organs and their competences, as well as the number of

representatives of the members in the relevant organs – ARTICLE 9 to 12 of the template

− The decision-making procedures of the EGTC – ARTICLE 13 of the template

− Working language(s) – ARTICLE 14 of the template

− The arrangements for its functioning […] – ARTICLE 15 of the template

− The arrangements for the members´ financial contributions and the applicable accounting and

budgetary rules – ARTICLE 16 of the template

− The arrangements for members´ liability – ARTICLE 17 of the template

− The authorities responsible for the designation of independent external auditors – ARTICLE 18 of

the template

− The procedures for amending the statutes – ARTICLE 19 of the template

Elements in RED are to be completed by the prospective members. Additional elements may also be

considered.

Disclaimer

Please note that INTERACT's goal is to provide useful information to European Territorial Cooperation

programmes and projects, as well as to keep this information timely and accurate. If errors are brought

to our attention, we will try to correct them. However we cannot accept responsibility or liability

with regard to this information. This information is:

− of a general nature only and is not intended to address the specific circumstances of any particular

individual or entity;

− not necessarily comprehensive, complete, accurate or up to date;

− not professional or legal advice (if you need specific advice, you should always consult a suitably

qualified professional).

INTERACT Handbook on the EGTC Annexes

page 103

Statutes of the European Grouping of Territorial Cooperation

[NAME OF THE EGTC]

Based on Art. 8 of Regulation (EC) No 1082/2006 of the European Parliament and the Council of 5

July 2007 on a European Grouping of Territorial Cooperation (EGTC).

ARTICLE 1 – NAME

The name of the EGTC is [NAME OF THE EGTC]

ARTICLE 2 – REGISTERED OFFICE

The registered office of the EGTC is located in [NAME OF THE COUNTRY – POSTAL ADDRESS OF

THE REGISTERED OFFICE]

ARTICLE 3 – AREA OF INTERVENTION

[LIST OF THE AREAS COVERED BY THE EGTC’S INTERVENTIONS]

⇒ Nota Bene: It is not necessarily the case that the area of intervention of the EGTC corresponds to

the overall area of each member (e.g. if a Member State is a member of the EGTC, it does not

mean that the whole country area is covered by the EGTC).

ARTICLE 4 – OBJECTVE AND TASKS

4.1 Main objective

The objective of the EGTC is to [MAIN OBJECTIVE OF THE EGTC].

⇒ Nota Bene: The EGTC is of course expected to contribute, through its activities, to the

strengthening of economic and social cohesion, but this does not necessarily have to be justified

in written in the statutes and convention (Art. 7 of Regulation (EC) No 1082/2006) (in most cases

such contribution is self-explanatory).

4.2 Operational objectives

In particular the EGTC aims at [OPERATIONAL OBJECTIVES OF THE EGTC – EXPECTED

IMPACT/CONTRIBUTION TO TERRITORIAL COOPERATION/DEVELOPMENT]

4.3 Tasks

The specific tasks of the EGTC are: [LIST THE SPECIFIC MISSIONS OF THE EGTC]

4.4. Duration of the EGTC

The EGTC is set up for [UNLIMITED/LIMITED] duration [UNTIL … END DATE IF LIMITED

DURATION]

4.5 Dissolution

− Satisfaction of creditors and distribution of the remaining property

− Dissolution procedure: start date; liquidators: functions and mission.

ARTICLE 5 – MEMBERS

The members of the EGTC are [LIST OF THE MEMBERS].

INTERACT Handbook on the EGTC Annexes

page 104

ARTICLE 6 – APPLICABLE LAW

The members will comply with Regulation (EC) No 1082/2006 of the European Parliament and the

Council of 5 July 2006 on a European Grouping of Territorial Cooperation (EGTC) as amended, as

well as with the national provisions of the Member State in which the EGTC has its registered office.

For the interpretation and enforcement of the convention, the law of [MEMBER STATE OF THE

REGISTERED OFFICE OF THE EGTC] is applicable.

ARTICLE 7 – AGREEMENTS FOR MUTUAL RECOGNITION

In the interests of mutual recognition of the legal systems of the EGTC members from the other

participating Member States, including for financial control issues, it is agreed that all documentation

needed for financial control should be made available in the language of the controlling institution

[NAME IF APPLICABLE] and in the form required.

ARTICLE 8 – PROCEDURES FOR AMENDING THE CONVENTION

Amendments to the convention require the approval of the members of the EGTC. Based on a

proposal of amendment by a member to the [ASSEMBLY OR OTHER RELEVANT ORGAN

RESPONSIBLE], the proposal will be submitted to the assembly for decision. Each amendment to the

convention requires the approval of the members. Each member informs its Member State of the

purpose of the amendment and sends its Member State a copy of the proposal of amendment. Each

amendment must be publicised in accordance with Art. 5 of Regulation (EC) No 1082/2006 of the

European Parliament and the Council of 5 July 2006 on a European Grouping of Territorial

Cooperation (EGTC).

ARTICLE 9 – ORGANS

The organs of the EGTC are:

− The assembly

− The director

− [ADDITIONAL ORGANS]

ARTICLE 10 – ASSEMBLY

10.1 Mission

The assembly is responsible for the adoption of the general strategy and the annual work plans [OR

ANY OTHER IMPLEMENTATION DOCUMENT]. The assembly is responsible for the adoption of the

annual budget of the EGTC in accordance with Art. 11 of Regulation (EC) No 1082/2006. [POSSIBLE

Additional missions]: e.g.:

− Remission

− Tasks of the EGTC

− Purchase and sale, acquisition of property

− Participation in other organisations

− Loans

− Modification of the statutes

− Approval of rules of procedure

− Election of the members of the board

⇒ Nota Bene: Additional missions may be entrusted by the members to the assembly in respect of

the EGTC Regulation and the domestic law of the Member State where the EGTC is registered.

INTERACT Handbook on the EGTC Annexes

page 105

10.2 Chair

[CHAIRPERSON – FUNCTION – RULES]

10.3 Decision-making procedures

Voting: Each member has one vote.

Substitution: Members can be represented by [LIST OF POSSIBLE SUBSITUTES – RULES

APPLICABLE] or any other person entitled to vote.

10.4 Integration of new members

10.5 Resignation of a member

10.6 Exclusion of members

The assembly decides upon a proposal of exclusion of member(s). The proposal must be submitted to

[RESPONSIBLE ORGAN].

10.7 Decision about amendments to the convention and/or statutes and dissolution of the EGTC

The assembly decides upon amendments to the convention or statutes and about the dissolution of

the EGTC.

10.8 Designation of accountant(s)/controller(s)

− [ORGAN IN CHARGE OF THE DESIGNATION]

− [DESIGNATION PROCEDURE AND RULES]

− [DUTIES OF THE ACCOUNTANTS/CONTROLLERS]

10.9 Rules applying to the meetings of the assembly199

− Invitation: The invitation is to be sent by [RESPONSIBLE ORGAN] to the members of the

assembly at least [NO. OF WORKING DAYS/WEEKS] in advance. Additional points for

discussion must be sent to [RESPONSIBLE ORGAN] at least [NO OF DAYS] before the

meeting. These additional points will be communicated to the assembly at the beginning of the

meeting.

− Frequency of meetings

− Extraordinary meetings [APPLICABLE RULES AND PROCEDURES FOR CALLING SUCH

MEETINGS].

− Minutes [CONTENT; ORGAN IN CHARGE OF DRAFTING AND SIGNING].

ARTICLE 11 – BOARD [IF APPLICABLE - OPTIONAL]

11.1 Members and membership (selection procedure, duration of mandate etc)

11.2 Mission – fields of intervention

11.3 Frequency of meetings

11.4 Decision-making procedures

199 Optional – It is recommended that such rules be contained in a separate document, e.g. 'Internal rules of procedure of the

EGTC assembly', in order to keep the statutes concise, as recommended in the Handbook (Point 4.4.3).

INTERACT Handbook on the EGTC Annexes

page 106

ARTICLE 12 - DIRECTOR

12.1 Designation/recruitment procedure

12.2 Functions

12.3 Matters for which approval by the assembly or board is required

12.4 Liability

ARTICLE 13 – DECISION-MAKING PROCEDURE

Quorum in the assembly:

− For day-to-day decisions: majority [OTHER RULE] of the members present at the meeting

− For decisions regarding modification of the convention and/or statutes: 2/3 [OTHER RULE] of

the members present at the meeting

ARTICLE 14 – WORKING LANGUAGE(S)

14.1 Working languages

The working language(s) of the EGTC is/are [WORKING LANGUAGE(S)]

14.2 Applicable rules (documentation, rules at meetings, etc.)

ARTICLE 15 – FUNCTIONING

Staff administration, recruitment procedures and working contracts [ADDITIONAL PROCEDURES] are

the responsibility of [ORGAN]. For these procedures, the applicable law is that of the Member State of

the registered office of the EGTC.

⇒ Option – Branch offices, if applicable, may be mentioned here.

ARTICLE 16 - FINANCES

16.1 Annual contributions of the EGTC members

[RULES/SHARE; PROCEDURES]

16.2 Loans

[RELATED PROCEDURE]

16.3 Application for EU-funding (if applicable)

In order to be able to implement its objectives, the EGTC is entitled to submit applications for access

to public funding and subsidies

16.4 Accountancy and budgetary rules

The applicable accountancy and budgetary rules are those of the Member State where the EGTC has

its registered office.

16.5 Management of public funds, control and accountancy

[RULES AND RELATED PROCEDURE]

INTERACT Handbook on the EGTC Annexes

page 107

ARTICLE 17 – LIABILITY

17.1 Liability of the EGTC

17.2 Liability of the members of the EGTC

17.3 Liability of new members of the EGTC

ARTICLE 18 – RESPONSIBLE AUTHORITIES

The authority in charge of designating the independent external auditor(s) is [NAME AND ADDRESS

OF THE AUTHORITY]

ARTICLE 19 – PROCEDURE FOR AMENDING THE STATUTES

Amendments to the statutes need the approval of the members of the EGTC. Based on a proposal of

amendment by a member to the [ASSEMBLY OR OTHER RELEVANT ORGAN RESPONSIBLE], the

proposal will be submitted to the assembly for decision. Each amendment to the statutes requires the

approval of the members. Each member informs its Member State of the purpose of the amendment

and sends its Member State a copy of the proposal of amendment.

ARTICLE 20 – FINAL PROVISIONS

The EGTC members will notify the present statutes to the Committee of the Regions according to Art.

5 of Regulation (EC) No 1082/2006.

[OTHER FINAL PROVISIONS]

Date, place

Signatures

INTERACT Handbook on the EGTC Annexes

page 108

ANNEX 4 – OTHER AVAILABLE LEGAL INSTRUMENTS FOR THE PURPOSE OF

TERRITORIAL COOPERATION

A broad variety of legal instruments has been tried in order to generally allow for/facilitate territorial

cooperation or to specifically enable the setting up of genuine and sustainable cooperation structures

and joint programmes. The most common approaches200 are

− Multilateral framework treaties and conventions concluded at international level,

− Bilateral or plurilateral agreements and protocols concluded between national states providing

for inter-governmental cooperation or promoting cross-border cooperation that are frequently

based on international framework treaties or conventions,

− Formal agreements, working protocols, conventions or contracts concluded by regional or

local authorities,

− Other legal instruments based on Community law or national law that facilitate cross-border

cooperation.

Fig. 18: The legal and international environment of territorial cooperation201

1. Multilateral framework treaties and conventions concluded at international level202

Multilateral treaties or conventions concluded at international level are some of the most important and

long-standing instruments for providing a comprehensive framework for territorial cooperation - both

for public and private bodies. These treaties and conventions can be concluded at different levels

(between states or as quasi-executive agreements between governments and in some cases, i.e. in

federal states such as Germany, by regions when they have the international competence).

Further important instruments are international conventions elaborated and adopted under the

auspices of the Council of Europe. The most important example is the Outline Convention on

Transfrontier Cooperation between Territorial Communities or Authorities (Madrid Outline

200 Association of European Border Regions (2001): Transeuropean Cooperation between Territorial Authorities. New challenges

and future steps necessary to improve cooperation. http://www.aebr.net

201 Based on INTERACT Point Tool Box: Study on organisational aspects of cross-border INTERREG programmes - Legal

aspects and partnerships, p. 39

202 Association of European Border Regions (2001), op.cit.

INTERACT Handbook on the EGTC Annexes

page 109

Convention of 1980 and its Additional Protocols)203. In the main part of the convention the contracting

parties commit themselves (within the framework of their national laws) to a number of tasks: resolving

legal, administrative and technical difficulties of cross-border cooperation (Art. 4); considering the

possibility of providing regional and local authorities with special facilities in order to engage in crossborder

cooperation (Art. 5); and supplying relevant information to other contracting parties (Art. 6), to

their own regional and local authorities (Art. 7), and to the Council of Europe (Art. 8).

One limitation of the Madrid Outline Convention and the First Additional Protocol (1995) is that the

systems and models contained in the documents are not directly applicable in practice, therefore they

do not in themselves provide a treaty for cross-border cooperation but merely a framework. Examples

from several border regions demonstrate that additional treaties need to be concluded between two

national states to enable the regional and local authorities to engage in direct cross-border

cooperation. In order to close the gap between the intense practice of networking and the legal reality,

the Second Additional Protocol (1998) aimed at organising development cooperation between

territorial communities and providing it with an adequate legal framework. However, the Additional

Protocols have not been ratified by all countries, which makes them inapplicable in some countries,

e.g. Italy.

2. Bilateral or plurilateral agreements and treaties concluded between states204

A wide range of bilateral or plurilateral agreements and treaties have been concluded between states

in the field of cross-border cooperation. All arrangements, principles and guidelines contained in these

agreements and treaties depend entirely upon the political will of the signatory states. The dominant

sub-types of interstate agreements are:

− Specific agreements providing for the establishment of inter-governmental commissions in the

field of spatial planning, cross-border cooperation or regional development,

− Agreements on specific aspects of territorial cooperation,

− Simple agreements on good neighbourliness at the borders,

− Agreements on the implementation of the Madrid Outline Convention permitting general crossborder

cooperation between regional and local territorial authorities.

Interstate agreements have quickly become one of the most common instruments for territorial

cooperation across all aspects and stages of cooperation, namely planning, implementing, monitoring,

funding and monitoring.

One example is the German-Dutch Treaty on Cross-border Cooperation (Isselburg-Anholt

Agreement of 1991, ratified in 1993). This is a highly developed form of cross-border cooperation

between regional and local authorities and enables regional authorities to pass public or private law

agreements at cross-border level. This agreement is based on strong political commitment at national,

regional and local levels and was designed with the prime objective of developing a practical

instrument to enable regional and local bodies to engage in cooperation. The main feature of the

German/Dutch treaty is that it provides for four types of cooperation at sub-regional level:

− Agreements under public law can be concluded between regional and local authorities;

− One local or regional authority can act on behalf of another in a foreign country;

− The establishment of an 'Arbeitsgemeinschaft' (association) as a forum for decision- making,

but without official powers;

− The establishment of an 'Öffentlichrechtlichen Zweckverband' (administrative association for

particular public service under public law) with a legal personality which can act on behalf of

its members at cross-border level and represents a far-reaching form of cooperation (Euregios

Rhein-Waal and Ems-Dollart have been reconstituted under this provision of the Treaty). It

was far-reaching when adopted; this is, however, the solution that inspired the 1995 Additional

203 Council of Europe: (a) European Outline Convention on Transfrontier co-operation between territorial communities (Madrid

Outline Convention). European Treaties Series /106, Strasbourg 1999. (b) Additional Protocol to the European Outline

Convention on Transfrontier Cooperation between Territorial Communities or Authorities (c) Protocol No 2 to the European

Outline Convention on Transfrontier Cooperation between Territorial Communities or Authorities concerning inter-territorial

cooperation with explanatory report.

204 Association of European Border Regions (2001), op.cit.

INTERACT Handbook on the EGTC Annexes

page 110

Protocol to the Madrid Convention (ECTS n° 159) and it has therefore become common in

most agreements since 1995.

A second example is the BENELUX Convention of 1989, which provides public local bodies in

Belgium, the Netherlands and Luxembourg with new legal possibilities for implementing cross-border

cooperation, but without any obligations. Two solutions are proposed: a legal entity of public law

based on Dutch inter-municipal cooperation principles, and a more restricted form of cooperation

based on an administrative agreement without the creation of any legal entity.

3. Formal agreements and less formal conventions or working protocols concluded by

regional and local authorities205

Local and regional authorities can conclude formal agreements on territorial cooperation directly,

where the respective own national government does not in principle appear as the contracting party.

They can also adopt less formal agreements such as conventions on cooperation or working protocols

between themselves. The practical possibilities for a 'legal contractual engagement' of regional and

local authorities in an international context do however vary greatly throughout Europe and are

dependent on the constitutional, legal and administrative framework of each state.

The Mainz Agreement of 1996 is an important example of a formal agreement on general crossborder

cooperation, concluded directly between regional authorities of federal states without national

governments being involved. Contracting parties are the Federal State of North Rhine Westphalia (D),

the Federal State of Rhineland Palatinate (D), the German-speaking Community (B) and the Walloon

Region (B). This agreement is based on the Madrid Outline Convention and is in many respects

(contents) comparable to the Isselburg-Anholt interstate agreement concluded between Germany and

the Netherlands in 1991. The agreement foresees the possibility to set up public law-based

cooperation bodies between local authorities (Zweckverbände), the conclusion of public law-based

conventions and the creation of local working communities (kommunale Arbeitsgemeinschaften).

4. Legal instruments based on Community law or national law that facilitate cross-border

cooperation at project level206

Project-based territorial cooperation activities are mostly based on ad hoc solutions. They may be

based either on arrangements and sporadic working groups or on agreements at local, regional or

national level. In some cases these activities do not need their own permanent cooperation structure.

Many cross-border projects can be dealt with by existing bodies on either side of the border. However,

new project-level cooperation structures may sometimes be needed. There are several possible

solutions: regional and local authorities may use legal instruments established under EU law (such as

European Economic Interest Groupings, EEIGs) or solutions provided by national law. Following EUbased

solutions can be considered:

4.1. The European Economic Interest Grouping (EEIG)207

The European Economic Interest Grouping (EEIG) is a legal facility established by Community law208.

The implementation of some provisions was deferred to the EU Member States: each Member State

passed implementation laws which govern certain matters relating to groupings and set up the

necessary rules for the registration of groupings. This instrument allows the formation of a grouping of

individual companies or other legal entities and is especially tailored to SMEs. The purpose of the

grouping is to facilitate or develop cooperation among the members.

205 Association of European Border Regions (2001), op.cit.

206 ibid.

207 European EEIG Information Centre. EEIG European Economic Interest Grouping. The only transnational legal instrument for

cooperation between entrepreneurs in Europe (2001). http://www.libertas-institut.com/uk/EWIV/portal.htm

208 Regulation (EC) No 2137/85

INTERACT Handbook on the EGTC Annexes

page 111

A grouping must be formed by at least two members coming from two different EU Member States;

members can be companies or legal bodies having a central administration in a Member State, or

natural persons.

Advantages of an EEIG209:

− Although EEIGs have to be based upon the terms laid down in the European Regulation210,

they are very flexible and non-bureaucratic legal instruments which can be adapted to different

economic conditions. The Regulation guarantees considerable freedom for the EEIG’s

members in terms of internal organisation and in their contractual relations.

− A grouping can be founded with or without assets, investment or know-how transfer.

− A grouping can be established by subjects of different legal status: self-employed persons,

private limited companies, chambers of commerce, etc.

− The members of a grouping go on carrying out their own activities autonomously and obtain

new business opportunities besides.

− The members of a grouping have unlimited joint liability for its debt in the form of subsidiary

liability (Art. 24): the EEIG is responsible in the first instance if the assets of the EEIG are

insufficient, with responsibility subsequently devolving to its members (similar in the case of an

EGTC).

− A grouping pays neither company taxes nor taxes on earnings.

− A grouping can run its own business and have its own trademark.

− The official address of a grouping can easily be transferred within the Community. Other legal

instruments require previous winding up of the enterprise, which involves costs, activities and

loss of corporate image.

Disadvantages of an EEIG211:

Due to the application of national law the EEIG does not have its own legal personality in some

Member States.

Relevance for European Territorial Cooperation programme/project management212:

− The requirement for exclusive support of 'economic activities' limits the scope of operations of

an EEIG.

− Public authorities cannot delegate economic activities to an EEIG. Although EEIGs can be

used to access Community funding at the level of projects, they cannot be used to manage

economic activities directly.

− Additionally EEIGs can only act in the context of private law and are therefore unable to carry

out any statutory functions of local authorities. As public authorities are the main actors in

European Territorial Cooperation programmes and projects (even if some programmes also

authorise private entities to act as final beneficiaries), the EEIG does not appear to be the

most appropriate tool for programme or project management.

4.2. The European Company - Societas Europaea (SE)213

It has been introduced to create a European company with its own legislative framework214. This allows

companies incorporated in different Member States to merge or form a holding company or joint

subsidiary while avoiding the legal and practical constraints arising from the existence of different legal

209 Ibid.

210 Regulation (EC) No 2137/85

211 Association of European Border Regions (2001): Transeuropean Cooperation between Territorial Authorities. New challenges

and future steps necessary to improve cooperation. http://www.aebr.net

212 Ibid.

213 EUROPA - SCADPlus. Statute for a European Company (11.10.2004). http://europa.eu/scadplus/leg/en/lvb/l26016.htm, last

updated on 11.10.2004.

214 Legal basis for the SE: Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company

and Council Regulation (EC) No 2157/2001 of 8 October 2001 on the Statute for a European Company with regard to the

involvement of employees in the European company.

INTERACT Handbook on the EGTC Annexes

page 112

systems. The registered office of the SE designated in the statutes must be the place where it has its

central administration. In tax matters, the SE is treated in the same way as any other multinational, i.e.

it is subject to the tax regime of the national legislation applicable to the company and its subsidiaries.

SEs are subject to taxes and charges in all Member States in which their administrative centres are

situated.

Advantages of an SE:

The SE can easily transfer its registered office within the European Union without dissolving the

company in one Member State in order to form a new one in another Member State.

Disadvantages of an SE:

The European Company must have a minimum capital of EUR 120,000 and is therefore created for

rather large companies only. Where a Member State requires a larger amount of capital for companies

exercising certain types of activity, the same requirement will also apply to an SE with its registered

office in that Member State.

Relevance for European Territorial Cooperation programme/project management:

The SE only allows companies to merge or form a new holding company or joint subsidiary and

therefore has no relevance whatsoever in the field of European Territorial Cooperation programme or

project management.

4.3. The European Cooperative Society - Societas Cooperativa Europaea (SCE)215

The European Cooperative Society (SCE)216 constitutes another step in the completion of the

European Union’s internal market. It aims to provide cooperatives, which are a form of organisation

generally recognised in all Member States, with adequate legal instruments capable of facilitating the

development of their cross-border/transnational activities, through collaboration, cooperation or

mergers between existing cooperatives in the different Member States, or through the creation of new

cooperative enterprises at European level. In this sense, the SCE complements the legislation on

European Companies (SE). The SCE fills the gap with respect to the transnational activities of

cooperatives.

An SCE can be established by natural or legal persons living or having their seat in different Member

States. It differs from the SE in that natural persons can also be actors. The SCE is defined as a body

with legal personality for which the capital subscribed by its members is divided into shares. Its

registered office must be within the Community and must be in the same place as its central

administration.

As is the case for the SE, there must always be a cross-border element. For example, an existing

cooperative can only transform itself into an SCE if it has an establishment or subsidiary in another

Member State. In the other listed cases, natural persons or legal entities must always come from at

least two Member States. Its founders can also choose whether the SCE shall be governed by a

monistic board structure (administrative board) or a dualistic one (management board plus supervisory

board).

Advantages of an SCE:

Natural persons as well as legal persons can establish an SCE. An SCE, just like a European

Company, can relocate to another Member State without having to be wound up and re-registered.

Compared to the SE, the European Cooperative Society is suitable for smaller companies, too.

215 European Trade Union Institute for Research, Education and Health and Safety. ‘The small sister of the SE’: The European

Cooperative Society (SCE).

http://www.workerparticipation.eu/european_company/european_cooperative_society/the_small_sister_of_the_se_the_europ

ean_cooperative_society_sce and EUROPA - SCADPlus. Statute for a European Cooperative Society (11.10.2004).

http://europa.eu/scadplus/leg/en/lvb/l26018.htm

216 Legal basis for the SCE: Council Regulation (EC) No 1435/2003 of 22 July 2003 on the Statute for a European Cooperative

Society (SCE) and Council Directive 2003/72/EC of 22 July 2003 supplementing the Statute for a European Cooperative

Society with regard to the involvement of employees.

INTERACT Handbook on the EGTC Annexes

page 113

Disadvantages of an SCE:

A minimum capital of EUR 30,000 is still required to establish an SCE.

Relevance for European Territorial Cooperation programme/project management:

The European Cooperative Society is of no relevance for European Territorial Cooperation

programme and project management because national legislations do not usually allow public entities

to participate in such mixed economy companies outside the scope of national law.

INTERACT Handbook on the EGTC Annexes

page 114

ANNEX 5 – USEFUL LINKS AND CONTACTS

EU INSTITUTIONS

European Commission

DG Regional Policy

Mr Dirk Peters

Directorate General Regional Policy B.3

Legal and procedural matters, relations with the Committees

Avenue de Tervuren 41

B-1040 Brussels

dirk.peters@ec.europa.eu

Web information on the EGTC: http://ec.europa.eu/regional_policy/funds/gect/index_en.htm

Committee of the Regions

Directorate for Consultative Works

DTC Unit 3 - Networks & Subsidiarity

Rue Belliard, 101

B-1040 Brussels

t: + 32 2 282 25 93

e: egtc@cor.europa.eu

Web information on the EGTC: http://www.cor.europa.eu/En/activities/egtc.htm

OTHER INSTITUTIONS

Council of Europe

www.coe.int

See in particular:

- Section dedicated to cross-border cooperation:

http://www.coe.int/t/f/affaires_juridiques/d%E9mocratie_locale_et_r%E9gionale/domaines_dac

tivites/cooperation_transfrontaliere/default.asp#TopOfPage

- List of Euroregions.

http://www.coe.int/t/E/Legal_Affairs/Local_and_Regional_Democracy/Areas_of_Work/Transfro

ntier_Co-operation/Euroregions/List_of_Euroregions.asp#TopOfPage

Assembly of European Regions

www.a-e-r.org

See in particular EGTC web section: http://www.a-e-r.org/fr/themes-majeurs/regional-partnership.html

Association of Regional Border Regions (AEBR)

www.aebr.net

EUROMOT

www.espaces-transfrontaliers.org

Secretary General of the Economic Union of the Benelux

Regentschapstraat 39

B - 1000 Brussels

t: +32 2 519 38 11

e: info@benelux.be

AECT

EAYY

EGTC

EGTS

EOEΣ

ESUS

ETBG

ETEC

ETKR

ETSG

EVTZ

EZÙS

EGTC

REKT

INTERACT Point Vienna

Museumstrasse 3/A/II

AT – 1070 VIENNA

+43 1 4000 27 085

ip.vienna@interact-eu.net

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Current Events and Weekly Recordings, Interviews, Conversations

Global Government Confirmed!

Connecting the Dots...E.U RULES, REGULATIONS, DIRECTIVES and Comments.

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THE ERA OF MADNESS. Occupied territory of the UK.THE PEOPLE WILL BE AT WAR WITH THE GOVERNMENT.

we want our referendum

Oppression of Christians World Wide.

Antisemitism-Incidences World Wide.

swine flu alerts and updates

Announcement on the future of Britannia Radio

About Britannia Radio

Welcome to our site. We bring you an alternative early warning service, joining the dots of Geo Politics - alerting you to what is in store for us all if we do not wake up and unite.

The site provides sourced, named articles, reported in the world wide press and the alternative media, presenting an overview of global events.We bring you:

Weekly News Review, Recordings, Interviews & Conversations.We have sections for:

Videos to Watch from the UK and across the world.

Also available:

Access to Links and Daily Newspapers.

Over 25,000 current and archive articles in our Search facilities.We have added new pages which include:

Ecological Matters, Chinese Blog, Religion, Health Watch, Larf out Loud and the seperate britanniaradio.blogspot.com

We are in the process of setting up a live internet radio station to come on line, when your demand -demands it.

Our goal is to provide live interviews, news alerts and phone-in facilities but we need your help to make this happen!

To go live, we must attract 4000-5000 visitors per day.

So, please recommend this site to as many people as possible, submit research material and make donations.Make it grow and make a difference!Contact us by email at info@britanniaradio.co.uk

Current Weekly News Reviews

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Current Health Watch

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Current Religion

Conversations to remember

Chris Everard. Controversial? Yes Definitely. Thought Provoking? Undoubtedly! Four weekly interviews1a: Secret Societies; Illuminati.click to listen1b: Spirit Worlds; Illuminati.click to listen2: Royalty,EU,Space Programmes.Very Revealing!click to listen3:Magicclick to listen

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The site provides sourced, named articles, reported in the world wide press and the alternative media, presenting an overview of global events.

We bring you:

Weekly News Review, Recordings, Interviews & Conversations.

We have sections for:

Over 25,000 current and archive articles in our Search facilities.

We have added new pages which include:

So, please recommend this site to as many people as possible, submit research material and make donations.

Make it grow and make a difference!

Contact us by email at info@britanniaradio.co.uk

Chris Everard. Controversial? Yes Definitely. Thought Provoking? Undoubtedly!
Four weekly interviews
1a: Secret Societies; Illuminati.
click to listen
1b: Spirit Worlds; Illuminati.
click to listen
2: Royalty,
EU,
Space Programmes.
Very Revealing!
click to listen
3:Magic
click to listen