Activities of Joachim ZELLER related to 2011/0272(COD)
Reports (1)
REPORT on the proposal for a regulation of the European Parliament and of the Council amending 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) as regards the clarification, simplification and improvement of the establishment and implementation of such groupings PDF (397 KB) DOC (360 KB)
Amendments (32)
Amendment 1 #
Proposal for a regulation
Recital 4 a (new)
Recital 4 a (new)
(4 a) It should be noted that EGTCs may have the potential to enhance the promotion and achievement of the harmonious development of the European Union as a whole and the economic, social and territorial cohesion of its regions, in particular and to contribute to meeting the objectives of the Europe 2020 strategy. They may also contribute positively to reducing barriers to territorial cooperation between regions which suffer from severe and permanent natural or demographic handicaps including the specific situation of outermost regions and may be instrumental in strengthening the cooperation between third countries, overseas countries and territories and EU border regions, including through the use of external cooperation programmes of the EU.
Amendment 2 #
Proposal for a regulation
Recital 5
Recital 5
(5) Experience with EGTCs set up so far shows that the new legal instrument is also being used for cooperation in the implementation of other European policies. The efficiency and effectiveness of EGTCs should be enhanced by broadening the nature of EGTCpolicies of the Union, including by implementing programmes or parts of programmes using EU financial support other than Cohesion Policy. The efficiency and effectiveness of EGTCs should be enhanced by broadening the nature of EGTCs, removing persisting barriers and facilitating the establishment and operations of EGTCs while maintaining the Member States’ possibility to limit the actions that EGTC’s may carry out without the EU financial support .It is recalled that under Regulation (EU) No 1083/2006 EGTC's have in each Member State the most extensive legal capacity, including also the possibility to conclude agreements with other EGTCs or other legal entities for the purposes of carrying out joint cooperation projects to, inter alia, provide for more efficient operation of macro-regional strategies.
Amendment 3 #
Proposal for a regulation
Recital 6
Recital 6
(6) EGTCs operate by nature in more than one Member State. Consequently, while Article 2(1) of the EGTC Regulation before amendment allows thatEGTC Regulation allows that the possibility for the convention and statutes mayto state the applicable law on certain issues an. It should be clarified whilere such statements privilege - within the hierarchy of applicable law laid down in that Article - the national laws of the Member State where the EGTC has its registered office, this should be clarified. At the same time, the provisions on applicable law should be extended to the acts and activities of an EGTC subject to legal scrutiny by Member States in each individual case.
Amendment 4 #
Proposal for a regulation
Recital 8
Recital 8
(8) While point (d) of Article 3(1)(d) of the EGTC Regulation allows that bodies established under private law may become members of an EGTC provided that they are considered as being ‘'public law bodies’' in terms of Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts, EGTCs may be used in the future to manage jointly public services with a particular focus on services of general economic interest or infrastructures. Other private or public law actors may therefore also become members of an EGTC. Consequently, ‘'public undertakings’' within the meaning of Article 2(1)(b) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors, and, undertakings entrusted with the operation of services of general economic interest, in fields such as, education and training, of medical care, of social needs as regards health and long term care, childcare, access to and reintegration into the labour market, social housing and the care and social inclusion of vulnerable groups should be covered as well.
Amendment 5 #
Proposal for a regulation
Recital 9
Recital 9
(9) The third subparagraph of Article 175 of the Treaty does not foresee the inclusion of entities from third countries in legislation based on that provision. The EGTC Regulation did not explicitly exclude the possibility of entities from third countries to participate in an EGTC formed in accordance with this RegulationRegulation (EC) No 1082/2006 does not contain detailed rules concerning the participation of entities from third countries in an EGTC formed in accordance with this Regulation, i.e. between members from at least two Member States. Given the further alignment of the rules governing the cooperation between one or more Member States and one or more third countries - predominantly in the context of cross- border cooperation under the European Neighbourhood Instrument (ENI) and the Instrument for Pre-accession Assistance (IPA II), but also in the context of complementary financing from EDF, and of transnational cooperation under the European territorial cooperation goal where allocations from ENI and IPA II will be transferred to pool these allocations with allocations from the European Regional Development Fund (ERDF) under joint cooperation programmes - the participation of members from third countries neighbouring a Member State including its outermost regions in EGTCs set up between at least two Member States should be explicitly provided for. This should be possible where the legislation of a third country or agreements between at least one participating Member States and a third countriesy so allows.
Amendment 6 #
Proposal for a regulation
Recital 10
Recital 10
(10) Experience shows that the involvement of authorities or other bodies from third countries equivalent to those eligible inside the Member States has given rise to implementation difficulties. However, such involvement in EGTCs set up by members drawn from two or more Member States constitutes only an ancillary element to the cooperation inside the Union and between Member States. Consequently, such involvement should be clarified without recourse to a different legal basis in the Treaty. In order to strengthen Union's economic, social and territorial cohesion and in this respect to reinforce in particular the effectiveness of territorial cooperation, including one or more of cross-border, transnational and interregional cooperation between members of an EGTC, the participation of third countries neighbouring a Member State (including its outermost regions) should be allowed in an EGTC. Operations under European territorial cooperation programmes, where co- financed by the EU, should therefore, continue to pursue cohesion policy objectives, even if they are implemented, partly or in their entirety, outside the territory of the Union, and, thus, the activities of an EGTC are carried out at least to some extent outside the Union territory. In this context and where relevant the contribution by the activities of an EGTC having also members from third countries neighbouring at least one Member State (including its outermost regions) to the objectives of EU external actions' policies (eg. development cooperation or economic, financial and technical cooperation objectives) remain merely incidental, as the centre of gravity of subject cooperation programmes and consequently the activities of an EGTC (even with the participation of third countries neighbouring at least one Member State (including outermost regions) should focus primarily on EU cohesion policy objectives. Consequently, the possible development cooperation or economic, financial and technical cooperation objectives between only one Member State, (including its outermost regions), and one or more third countries are only ancillary to the cohesion policy-based territorial cooperation objectives between Member States (including outermost regions). Therefore, the third subparagraph of Article 175 TFEU is sufficient legal basis for the adoption of the Regulation.
Amendment 7 #
Proposal for a regulation
Recital 11
Recital 11
Amendment 8 #
Proposal for a regulation
Recital 12
Recital 12
(12) TFollowing the authorization for participation of national, regional, sub- regional and local authorities and organizations, as well as, where appropriate, other public bodies or institutions ( including public service providers) from an overseas country or territory ( "OCT") in an EGTC, based on Article [...]1 of Council Decision No..(EU)../2013 on the association of OCT with the EU ("Overseas Association Decision") and taking into account the intention that, for the 2014 to 2020 period, there will berogramming period a special additional financial allocation will reinforce the cooperation of the outermost regions of the Union, alongside authorities and bodies from third countries, authorities and bodies fr with neighbouring third countries and some overseas countries and territorief the neighbouring OCTs as listed in Annex II to the Treaty (‘overseas territories’) should also be involved. Such cooperation is permitted by Article 203 of the Treatythe legal instrument of EGTC should be also opened to members from OCTs. For the sake of legal certainty and transparency special approval procedures for the accession of members from an OCT to an EGTC should be established including in this regard, where necessary, special rules on applicable law to the concerned EGTC with members also from an OCT. __________________ 1 Exact reference to be determined at a later stage in light of progress in negotiations on the Overseas Association Decision.
Amendment 9 #
Proposal for a regulation
Recital 13
Recital 13
(13) The EGTC Regulation distinguisheds between the convention laying down the constitutive elements of the future EGTC and the statutes setting out the implementation elements. However, the statutes still hadhave to contain all the provisions of the convention. It should therefore be clarified that the convention and the statutes are distinct documents and - although both shall be sent to Member States - the approval procedure should be limited to the convention. In addition, some elements presently covered by the statutes should be covered by the convention instead.
Amendment 10 #
Proposal for a regulation
Recital 14
Recital 14
(14) Experience from the setting up of EGTCs shows that the three months period for approval by a Member State has rarely been respected. The period should therefore be extended to six months. On the other hand, in order to create legal certainty after that period, the convention should be deemed to be approved by tacit agreement, where applicable, in accordance with the national law of the Member States concerned (including their respective constitutional requirements). However, the Member State where the proposed registered office of the EGTC will be located should have to formally approve the convention. While Member States may apply national rules on the procedure for such approval or may create specific rules in the framework of the national rules implementing the EGTC Regulation, derogations to the provision concerning tacit agreement after the period of six months should be ruled out except as provided for in this Regulation.
Amendment 11 #
Proposal for a regulation
Recital 15
Recital 15
(15) It should be clarified that Member States should approve the convention unless it considers the participation of a prospective member is not in conformity with the EGTC Regulation, with other provisions of Union law concerning the EGTC's activities as laid down in the draft convention or with the national substantive law concerning therelating to the powers and competences of the prospective member, unless such; it considers that participation is not justified for reasons of public interest or public policy of that Member State, or it considers that the statutes are not consistent with the convention, while excluding from the scope of the scrutiny any national law requiring other or stricter rules and procedures than those foreseen by the EGTC Regulation.
Amendment 12 #
Proposal for a regulation
Recital 16
Recital 16
(16) As the EGTC Regulation cannot apply in third countries or overseas territories, it should be specified that the Member State where the proposed EGTC's registered office will be located should ensure, when approving the participation of prospective members established under their law, satisfy itself, in consultation withat the othird countries or overseas territories have applied equivalent conditions and procedures to those in the EGTC Regulation or in accordance with international agreements, especially under the Council of Europe acquiser Member States concerned (being those Member States under whose laws prospective members have been formed), that the third countries have applied equivalent conditions and procedures to those in the EGTC Regulation or in accordance with international bilateral or multilateral agreements concluded between Member States of the Council of Europe, whether or not they are also Member States of the Union, based on the Madrid Outline Convention and the additional Protocols adopted thereupon. It should also be specified that in the case of the involvement of several Member States and one or more third countries or overseas territories, it should be sufficient that such an agreement has been concluded between the respective third country or overseas territory and one participating Member State.
Amendment 13 #
Proposal for a regulation
Recital 16 a (new)
Recital 16 a (new)
(16a) The procedures for approval of participation of prospective members from OCTs should, given links between OCTs and Member States of the Union, involve those Member States. In accordance with the specific governance relationship between the Member State and the OCT, the Member State should either approve the participation of the prospective member or provide written confirmation to the Member State where the registered office is located that the competent authorities in the OCT have approved the prospective member's participation in accordance with equivalent conditions and procedures to those laid down in this Regulation. The same procedure should apply in the case of a prospective member from an OCT that wishes to join an existing EGTC.
Amendment 14 #
Proposal for a regulation
Recital 17
Recital 17
(17) In order to encourage the accession of additional members to an existing EGTC, the procedure to amend conventions in such cases should be simplified. Consequently, such amendments should, in the case of a new member from a Member State that has already approved the convention, not be notified to all participating Member States, but only to the Member State under whose national law the new prospective member is established and the Member State where the EGTC's registered office is located. The subsequent amendment of the convention should be notified to all Member States concerned. However, this simplification should not apply in case of a new prospective member from a Member State that has not already approved the convention or from a third country or overseas territory in order to enable all participating Member States to check whether such accession is in line with its public interest or public policy.
Amendment 15 #
Proposal for a regulation
Recital 19
Recital 19
(19) The purpose of an EGTC should be extended to cover the facilitating and promotion of territorial cooperation in general, including strategic planning and the management of regional and local concerns in line with Cohesion and other Union policies, thus contributing to the Europe 2020 strategy or to the implementation of macro-regional strategies. An EGTC should therefore be able to implement operations with financial support other than that provided by the Union's cohesion policy. In addition, it should be clarified that a given competence needed for the efficient implementation of an EGTC should be represented by at least oneevery member in each of the Member States represented. unless the Member State or third country approves participation where the member is not competent for all the tasks specified in the convention.
Amendment 16 #
Proposal for a regulation
Recital 22
Recital 22
(22) While it is laid down that the tasks do not concern, among others, ‘'regulatory powers’', which may have different legal consequences in different Member States, it should nevertheless be specified that an EGTC's assembly may define the terms and conditions of the use of an item of infrastructure the EGTC is managing,, if the EGTC Convention specifically so provides, and, in compliance with national and Union law, define the terms and conditions of the use of an item of infrastructure the EGTC is managing, or the terms and conditions according to which a service of general economic interest can be provided including the tariffs and fees to be paid by the users.
Amendment 17 #
Proposal for a regulation
Recital 24
Recital 24
(24) It should be specified that the convention should not only repeat a reference to the applicable law in general as already laid down in Article 2, but should list the specific Union or national rules applicable to the EGTC as a legal body or to its activities. In addition, it should be specified that such national legislation or rules may be those of the Member State where statutory organs exercise their powers, especially where the staff working under the responsibility of the director is located in a Member State other than the Member State where its office is registered, or wthere the EGTC applicable Union and national law directly relevant to the EGTC activities carriesd out its activitiesunder the tasks specified in the convention, including where it is managing public services of general economic interest or infrastructures.
Amendment 18 #
Proposal for a regulation
Recital 26
Recital 26
(26) IGiven their importance, it should be clarified that the convention - and given the importance of this issue, not the statutes -, should indicate the rules applicable to the EGTC's staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures. Several options should be available to the EGTCs. However, tIt should be possible to provide that different options as the choice of rules may be laid down in the convention. The specific arrangements concerning personnel management and recruitment procedures should be addressed in the statutes.
Amendment 19 #
Proposal for a regulation
Recital 27
Recital 27
(27) Member States should further exploit the possibilities foreseen under Article 16 of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems to provide by common agreement for exceptions to Articles 11 to 15 (Dthe determination of the legislation applicable) of according to that Regulation in the interest of certain persons or categories of persons and to consider the staff of EGTCs as being such a category of persons.
Amendment 20 #
Proposal for a regulation
Recital 28
Recital 28
(28) IGiven their importance, it should be clarified that the convention - and given the importance of this issue, not the statutes -, should cover the arrangements for members‘' liability in case of an EGTC with limited liability.
Amendment 21 #
Proposal for a regulation
Recital 31
Recital 31
(31) EGTCs whose members have limited liability should be more clearly distinguished from those whose members have unlimited liability. In addition, in order to enable EGTCs whose members have limited liability to implement activities that might generate debts, Member States should be allowed to require that such EGTCs take appropriate insurance or that they be subject to an appropriate financial guarantee to cover the risks specific to the activities thereof.
Amendment 22 #
Proposal for a regulation
Recital 33
Recital 33
(33) A new deadline for the next report should be fixed. In accordance with the Commission's move towards more evidence-based policy-making, this report should address the main evaluation questions including effectiveness, efficiency, European added value, relevance and sustainability. Effectiveness is understood as also covering the attempts inside the different Commission services and between the Commission and other bodies such as the European External Action Service to disseminate the knowledge about the EGTC instrument. It should also be specified that taking account of the first subparagraph of Article 307 of the Treaty this report should also be forwarded to the Committee of the Regions.
Amendment 23 #
Proposal for a regulation
Recital 34
Recital 34
(34) It should be clarified that existing EGTCs aremay not obliged to adapt their convention and statutes to amendments to the EGTC Regulation.
Amendment 24 #
Proposal for a regulation
Recital 36
Recital 36
(36) In order to adapt existing national rules to implement this Regulation before programmes under the European territorial cooperation goal have to be submitted to the Commission, the starting date of ithis Regulation's application should be 6six months after the date of its entry into force. When adapting their existing national rules Member States should ensure that competent authorities responsible for approval of EGTCs are determined and that, in accordance with their legal and administrative arrangements, these should be the same bodies responsible for receipt of notifications in accordance with Article 4 of this regulation.
Amendment 25 #
Proposal for a regulation
Recital 36 a (new)
Recital 36 a (new)
(36a) In order to consider the effectiveness, efficiency, relevance, European added value and scope for further simplification of this Regulation, the Commission should prepare a report on the application of this regulation for submission to the European Parliament, the Council and the Committee of the Regions not later than 1 August 2018. This report should be prepared on the basis of appropriate consultation, including at expert level. The Commission should be empowered to adopted delegated acts laying down a list of indicators for use in the evaluation of the application of this Regulation.
Amendment 26 #
Proposal for a regulation
Article 1 – point 1 - subpoint a
Article 1 – point 1 - subpoint a
Regulation (EC) No 1082/2006
Article 1 – paragraph 2
Article 1 – paragraph 2
2. The objective of an EGTC shall be to facilitate and promote in particular territorial cooperation, including one or more of cross-border, transnational and interregional cooperation, between its members as set out in Article 3(1), with the aim of strengthening Union economic, social and territorial cohesion.”"
Amendment 27 #
Proposal for a regulation
Article 1 – point 3 – subpoint a
Article 1 – point 3 – subpoint a
Regulation (EC) No 1082/2006
Article 3 – paragraph 1 – subparagraph 1 – point e a (new)
Article 3 – paragraph 1 – subparagraph 1 – point e a (new)
(ea) undertakings entrusted with operations of services of general economic interest in compliance with applicable national or Union law."
Amendment 28 #
Proposal for a regulation
Article 1 – point 5 - subpoint a
Article 1 – point 5 - subpoint a
Regulation (EC) No 1082/2006
Article 4- paragraph 3
Article 4- paragraph 3
Amendment 29 #
Proposal for a regulation
Article 1 – point 8 – subpoint b
Article 1 – point 8 – subpoint b
Regulation (EC) No 1082/2006
Article 7 – paragraph 4
Article 7 – paragraph 4
Amendment 30 #
Proposal for a regulation
Article 1 – point 9
Article 1 – point 9
Regulation (EC) No 1082/2006
Article 8 – paragraph 2
Article 8 – paragraph 2
“2. The convention shall specify: (a) the name of the EGTC and its registered office; (b) the extent of the territory in which the EGTC may execute its tasks; (c) the objective and the tasks of the EGTC; (d) itsthe duration of the EGTC and the conditions for its dissolution; (e) the list of ithe EGTC’s members; (fea) the specific Union or national law applicable to the interpretation and enforcement of the convention; (g) the arrangement for the involvement of members from third countries or overseas territories if appropriate; (h) the specific Union or national law applicable to its activities, while the latter may be the law of the Member State where statutory organs exercise their powers or where the EGTClist of the EGTC’s organs and their respective competences; (f) the applicable Union law and national law of the Member State where the EGTC has its registered office for the purposes of interpretation and enforcement of the convention; (fa) the applicable Union and national law of the Member State(s) where the statutory organs of the EGTC act; (g) the arrangement for the involvement of members from third countries or in OCTs if appropriate including the identification of applicable law where an EGTC carries out tasks in third countries or in OCTs; (h) the applicable Union and national law directly relevant to the EGTC activities carriesd out its activitiesunder the tasks specified in the convention; (i) the rules applicable to the EGTC’s staff as well as the principles governing the arrangements concerning personnel management and recruitment procedures; (j) in case of an EGTC liabilitywith limited , the arrangements for liability of the EGTC and its members in accordance with Article 12(3); (k) the appropriate arrangements for mutual recognition, including for financial control of the management of public funds; and (l) the procedures for amendingdoption of the statutes and amendment of the convention, including compliance with the obligations set out in Articles 4 and 5. However, whereWhere the tasks of an EGTC isconcern only the managingement of a cooperation programme or part thereof under the Cohesion Policy of the European UnionRegulation No ... [ETC], or where an EGTC concerns interregional cooperation or networks, information under point (b) is not required. The following rules shall apply to the EGTC’s staff as referred to in point (i), (a) those of the Member State where the EGTC has its registered office; (b) those of the Member State where the EGTC’s staff is actually located; or (c) those of the Member State of which the staff member is a national. To allow equal treatment of all staff working at the same location, the national laws and rules, whether of public or private law, may be subject to additional ad hoc rules fixed by the EGTC.”aragraph 2, point (b) is not required. deleted
Amendment 31 #
Proposal for a regulation
Citation 1
Citation 1
Having regard to the Treaty on the Functioning of the European Union, and in particular the third subparagraph of Article 175 in conjunction with Articles 209(1) and 212(1) thereof,
Amendment 32 #
Proposal for a regulation
Article 1 – point 14
Article 1 – point 14
Regulation (EC) No 1082/2006
Article 16 – paragraph 1 a (new)
Article 16 – paragraph 1 a (new)
1a. The provisions referred to in paragraph 1 insofar as they concern a Member State to which an OCT is linked shall, taking into account its relationship with the OCT, also govern the effective application of this Regulation with regard to those OCTs neighbouring other Member States or outermost regions thereof."