Activities of Ciarán CUFFE related to 2022/2194(INL)
Plenary speeches (1)
Amending the proposed mechanism to resolve legal and administrative obstacles in a cross-border context (debate)
Shadow reports (1)
REPORT with recommendations to the Commission on amending the proposed mechanism to resolve legal and administrative obstacles in a cross-border context
Amendments (40)
Amendment 4 #
Motion for a resolution
Recital A
Recital A
A. Whereas the persistency of cross- border obstacles of administrative and legal nature severely affects EU border regions’ livelihood and their sustainable economic and social potential and limits the exercise of rights granted by the Treaties to border regions’ citizens and communities;
Amendment 8 #
Motion for a resolution
Recital B
Recital B
B. Whereas it was estimated that the setting up of a legislative tool at Union level to address cross-border obstacles, combined with existing tools, could bring about economic benefits of 123 billion euros, while removing all obstacles would bring up benefits up to 460 billion euros; whereas the removal of cross-border obstacles would as well bring about a positive impact on social rights, equal opportunities, environmental protection and an improved access to high-quality public services for citizens living in border regions20 ; _________________ 20 European Parliamentary Research Service (2023). “Mechanism to resolve legal and administrative obstacles in a cross-border context”. European added value assessment, p.48.
Amendment 11 #
Motion for a resolution
Recital C
Recital C
C. Whereas some Member States have already concluded and can resort to bilateral or plurmultilateral treaties and agreements to set up structures and procedures for the removal of cross-border obstacles;
Amendment 14 #
Motion for a resolution
Recital D
Recital D
D. Whereas a Union legislative act laying down general provisions and procedural arrangements for Member States to address cross-border obstacles would benefit Member Staetes and EU regions by providing them with a wider array of policy options, and the possibility to design tailor-made solutions depending on the specific obstacle;
Amendment 15 #
Motion for a resolution
Recital D a (new)
Recital D a (new)
Da. Whereas it would also benefit communities and civil society actors in cross-border regions across the Union who would have a dedicated course of action open to them to signal and address cross-border obstacles;
Amendment 23 #
Motion for a resolution
Paragraph 1
Paragraph 1
1. Considers that, in order to face various social, demographic, economic and climate challenges, and their ever- closer consequences, the Union needs to step up its efforts to address persisting cross-border legal and administrative obstacles in the broader context of cohesion through a far more efficient cooperation of border region authorities as well as a new effective instrument;
Amendment 25 #
Motion for a resolution
Paragraph 2
Paragraph 2
2. Notes that despite territorial cross- border activities developed over decades, supported and facilitated by the Union with legal and financial instruments, citizens from border regions more often face a discrimination by not having access to the closest and most essential public services, which happens to be on the other side of the border, or their businesses enjoy fewer opportunities;
Amendment 33 #
Motion for a resolution
Paragraph 5
Paragraph 5
5. Stresses that a Union-wide coordination framework is needed to ensure cohesion of the Union and to provide all border regions with equal access to a long- awaited solution that allows them to remove obstacles that require a higher degree of effort and cooperation between the Member States concerned;
Amendment 38 #
Motion for a resolution
Paragraph 8
Paragraph 8
8. Suggests to call the new coordination framework: “Border Regions’ Instrument for Development and Growth in the EU” (BRIDGEUthe Cross-Border Cooperation Regulation (CBCR);
Amendment 40 #
Motion for a resolution
Paragraph 9
Paragraph 9
9. Stresses that regional and local authorities should be involved in a meaningful and inclusive way in the formulation and implementation of measures aimed at removing cross-border obstacles, and that local civil society actors and community groups should be consulted and kept duly informed of the process;
Amendment 45 #
Motion for a resolution
Paragraph 10
Paragraph 10
10. Believes that the establishment of Cross-border Coordination Points is crucial to provide public authorities, civil society, citizens, and private bodies with an interlocutor capable of addressing legal or administrative obstacles hampering the implementation of a joint project;
Amendment 46 #
Motion for a resolution
Paragraph 11
Paragraph 11
11. Maintains that through Cross- border Coordination Points, Member States shall assess on a voluntary and a case-by- case basis whether and how to address the request for assistance in removing the obstacles and administrative burden;
Amendment 48 #
Motion for a resolution
Paragraph 12
Paragraph 12
12. Is of the opinion that a way to boost multilevel governance, innovation, and highstronger cooperation between border regions is to enable Cross-border Coordination Points to establish Cross- border Committees when addressing a complex obstacle that requires higher cooperation among the relevant authorities of border regions on all levels;
Amendment 49 #
Motion for a resolution
Paragraph 13
Paragraph 13
13. Underlines that Member States are not obliged to trigger the instrument to address the obstacle, rather their response can vary from deciding not to address it, addressing it through the review of its administrative or legal framework through unilateral actions taken at the national level, soft-law instruments, through existing bilateral or multilateral treaties, or finally through the setting up of a Cross- border Committee tasked with the drafting of an ad-hoc solution to address one or more of the obstacles identified;
Amendment 54 #
Motion for a resolution
Paragraph 14
Paragraph 14
14. Emphasises that the adoption of a decision on the implementation of any ad- hoc solution drafted by the Cross-border Committee shall remain at the discretion of the competent authorities at national level, and shall in any case be carried out by Member States in full compliance with their legislative and constitutional framework;
Amendment 59 #
Motion for a resolution
Paragraph 16
Paragraph 16
16. Requests that the Commission submit, on the basis of third paragraph of Article 175 of the Treaty on the Functioning of the European Union, a proposal for a rRegulation on a Border Regions’ Instrument for Development and Growth in the EUCross-Border Cooperation (CBCR), following the recommendations set out in the Annex hereto;
Amendment 62 #
Motion for a resolution
Paragraph 18
Paragraph 18
18. Is of the view that sufficient funding for the proposals set out herein is required, particularly regarding capacity building in the relevant local and regional authorities, and national authorities where these take on the role of Cross Border Coordination Points, and considers that the financial implications of the requested proposals should be covered by the relevant Union budgetary allocation. Calls in this regard on the Commission to assess whether the implementation of the new Regulation could be facilitated through the mobilisation of Technical Assistance and Information Exchange instrument of the European Commission (TAIEX) or of the Technical Support Instrument, with a view to promote capacity-building of Member States’ authorities at all levels;
Amendment 64 #
Motion for a resolution
Paragraph 19
Paragraph 19
19. Instructs its President to forward this resolution and the accompanying recommendations to the Commission and the Council and to the European Committee of the Regions.
Amendment 72 #
Motion for a resolution
Annex I – paragraph 8 – point 4
Annex I – paragraph 8 – point 4
(4) The Commission also highlighted that numerous legal barriers still exist in border regions, especially those related to health services, labour regulation, environmental protection, taxes, business development, and barriers linked to differences in administrative cultures and national legal frameworks. Neither European Territorial Cooperation funding nor the institutional support to cooperation by the European groupings of territorial cooperation (EGTCs) is sufficient on its own to address the resolution of those barriers which constitute real obstacles to effective cooperation.
Amendment 73 #
Motion for a resolution
Annex I – paragraph 8 – point 11
Annex I – paragraph 8 – point 11
(11) In its assessment of data between 2014-2019, the relevant European Added Value Assesment (EAVA) study by the European Parliamentary Research Service found that removing obstacles would bring significant benefits for NUTS3 border regions and to the entire Union economy. More precisely, a total Gross Value Added (GVA) benefit of a complete removal of legal and administrative barriers would yield around €457 billion, representing 3, 8 % of total 2019 EU GVA. Removing 20% of obstacles for all border regions, would result in a total GVA benefit of €123 billion, representing around 1% of total 2019 EU GVA, as well as total employment benefit of 1 million jobs representing around 0,5% of total employment at EUnion level3 . _________________ 3 EPRS, Mechanism to resolve legal and administrative obstacles in a cross-border context: European added value assessment, PE 740.233, May 2023.
Amendment 78 #
Motion for a resolution
Annex I – paragraph 8 – point 16
Annex I – paragraph 8 – point 16
(16) In order to coordinate the tasks of different authorities, which in some Member States will include national and regional legislative bodies, within a given Member State and between those of one or more neighbouring Member States, each Member State should be required to establish or designate a national Cross- border Coordination Point either as a separate body, or within an existing national authority or body, or by entrusting the task to an appropriate existing authority or body. The tasks of the Cross-border Coordination Points are set out in this Regulation.
Amendment 81 #
Motion for a resolution
Annex I – paragraph 8 – point 19
Annex I – paragraph 8 – point 19
(19) Following the receipt of an initiative document, the Cross-border Coordination Point of first contact should liaise with all relevant national, regional and local authorities in its Member State and with the Cross-border Coordination Point in the bordering Member State(s) concerned. The Cross-border Coordination Point of first contact should provide the initiator with a preliminary assessment regarding whether the initiative document complies with the requirements set out in this Regulation, and whether the obstacle exists. This preliminary assessment should be made publicly available upon request. The Cross-border Coordination Point of first contact should then be able to decide whether a procedure leading to the conclusion of an ad-hoc solution is to be launched, whether a solution is to be found at national level, or that it considers the removal of one or more obstacles hampering the implementation of a joint project falls within the remit of existing international arrangements. It should also be recalled that the Member State may decide not to address the obstacles. Any decision remains within the discretion of the Member States concerned and should be duly justified and communicated in due time to all the stakeholders involved, and made publicly available upon request .
Amendment 83 #
Motion for a resolution
Annex I – paragraph 8 – point 23
Annex I – paragraph 8 – point 23
(23) The conditions for territorial cooperation should be created in accordance with the subsidiarity principle enshrined in Article 5(3) of the Treaty on European Union (TEU) and with the principle of proportionality, as set out in Article 5(4) TEU whereby the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. Therefore, the adoption of this Regulation should not undermine the application of any existing or future bilateral or plurmultilateral treaties or agreements concluded by Member States under international law.
Amendment 87 #
Motion for a resolution
Article 1 – point 2
Article 1 – point 2
2. Member States shall assess on a voluntary and case-by-case basis whether to trigger the procedural arrangements laid down in Chapter II to address an obstacle as referred to in paragraph 1 of this Article.
Amendment 93 #
Motion for a resolution
Article 3 – paragraph 1 – point 4
Article 3 – paragraph 1 – point 4
(4) 'initiator' means the actor who identifies one or more obstacles and triggers the coordination framework by submitting an initiative document; , and can be a local or regional authority, a civil society organisation or citizen initiative, or other bodies with or without legal personality such as a public service operator1a; _________________ 1a 'Public service operator' Within the meaning of REGULATION (EC) No 1370/2007 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 23 October 2007 on public passenger transport services by rail and by road
Amendment 94 #
Motion for a resolution
Article 3 – paragraph 1 – point 6
Article 3 – paragraph 1 – point 6
(6) 'area of application' means the area in one or more Member States where an ad hoc legal or administrative solution shall apply, limited to what is strictly necessary for the implementation of the joint project;
Amendment 96 #
Motion for a resolution
Article 4 – point 1 – point a
Article 4 – point 1 – point a
Amendment 106 #
Motion for a resolution
Article 4 – point 2 a (new)
Article 4 – point 2 a (new)
2a. The Member States shall ensure that the authority or body which is established as, or takes on the additional tasks of, a Cross-Border Coordination Point receives the necessary capacity building and support to carry out the tasks described in Article 5.
Amendment 108 #
Motion for a resolution
Article 5 – point 1 – point a
Article 5 – point 1 – point a
(a) carry out a preliminary analysis of all initiative documents received, and maintain records of same;
Amendment 109 #
Motion for a resolution
Article 5 – point 1 – point b
Article 5 – point 1 – point b
(b) coordinate the preparation, consultation, conclusion, and implementation for all ad- hoc solutions concerning the territory of its Member State;
Amendment 111 #
Motion for a resolution
Article 5 – point 1 – point d a (new)
Article 5 – point 1 – point d a (new)
(da) identify and liaise with relevant non-governmental organisations and civil society representatives in the respective field;
Amendment 112 #
Motion for a resolution
Article 5 – point 1 – point e a (new)
Article 5 – point 1 – point e a (new)
(ea) liaise with the initiator and ensure transparency and access to documentation
Amendment 119 #
Motion for a resolution
Article 6 – point 2
Article 6 – point 2
2. The draft ad-hoc solution shall lay down legal or administrative arrangements to address solely the obstacle set out in an initiative document. The conclusion and implementation of the ad-hoc solution shall be entrusted to the competent authorities of the Member States concerned, in full compliance with their legislative and constitutional frameworks.
Amendment 121 #
Motion for a resolution
Article 6 – point 3
Article 6 – point 3
3. Cross-border Committees shall be composed of representatives of the national, regional or local authorities designated by the Cross-border Coordination Points of the Member States concerned. The Cross-border Coordination Points shall make all necessary efforts to allow the participation of regional and local authorities to the Cross-border Committee where the removal of the obstacle falls within their competences or within their territory. Failing their participation, the Cross-border Coordination Points will ensure to keep the relevant local and regional authorities informed of the outcomes of Cross-border Committee meetings.
Amendment 125 #
Motion for a resolution
Article 7 – point 1 – point e
Article 7 – point 1 – point e
(e) create, publish and keep an up- dated public database of all national Cross- border Coordination Points and their contact details, and of all ad-hoc solutions.
Amendment 135 #
Motion for a resolution
Article 10 – point 3 – point b – point ii
Article 10 – point 3 – point b – point ii
(ii) where it considers that the revised initiative document is still not prepared in accordance with Article 9 or that the additional specific information is still not sufficient, it shall, within one month after receipt of the revised initiative document, inform the initiator in writing about its decision to terminate the procedure; this decision shall set out its reasons and shall be kept on record to be made publicly available upon request;
Amendment 136 #
Motion for a resolution
Article 10 – point 3 – point c
Article 10 – point 3 – point c
(c) inform the initiator within three months about its assessment that there is no obstacle, while setting out in writing the reasons for its decision, the means of review available at national level to challenge its decision, and, where relevant, recommendations on how to proceed; this decision shall be kept on record to be made publicly available upon request.
Amendment 146 #
Motion for a resolution
Article 11 – point 3
Article 11 – point 3
3. Member States shall inform the Commission of any decision taken under this Article by the Cross-border Coordination Point of first contact , and shall keep such decisions on record to be made publicly available upon request.
Amendment 153 #
Motion for a resolution
Article 14 – point 2
Article 14 – point 2
2. A copy shall be sent for information to the initiator by the Cross- border Coordination Point of first contact, and to the relevant local and regional authorities where they have not been participants in the Cross-border Committee.
Amendment 154 #
Motion for a resolution
Article 15 a (new)
Article 15 a (new)
Article15a Third countries or Accession countries participation 1. This Regulation would apply in the same conditions to Third countries or Accession countries if they decide to trigger the procedural arrangements laid down in Chapter II to address an obstacle as referred to in paragraph 1 of Article 1. 2. The country concerned shall in that case inform the Commission and the Member States concerned in the form of a letter about its intention laid down in paragraph 1 of this Article.