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European grouping of territorial cooperation (EGTC)
In order to overcome the obstacles hindering cross-border cooperation, European groupings of territorial cooperation (EGTCs) facilitate cooperation at Community level. They implement territorial cooperation projects co-financed by the Community or undertake territorial cooperation measures at the initiative of the Member States.
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) [Official Journal L 210 of 31.7.2006].
In the light of the difficulties encountered by Member States in the field of cross-border cooperation, this Regulation introduces a new cooperation instrument at Community level as part of the reform of regional policy for the period 2007-2013. European groupings of territorial cooperation (EGTCs) will be legal entities and will be set up from 1 January 2007.
The objective of EGTCs is to facilitate and promote cross-border, transnational and interregional cooperation between its members. An EGTC is made up of Member States, regional authorities, local authorities and/or bodies governed by public law, as the case may be.
Convention, tasks and competencies
The competencies of the EGTC are laid down in a binding cooperation convention established on the initiative of its members. The members also decide whether their EGTC should be a separate legal entity, or whether its tasks should be delegated to one of their number. Powers of public authority as well as police and regulatory powers are excluded from any convention.
Within the bounds of its remit, an EGTC acts on behalf of its members. EGTCs thus enjoy the legal capacity accorded to legal entities by national law.
An EGTC may be entrusted with implementing programmes co-financed by the Community or any other cross-border cooperation project with or without Community funding. It must have members in at least two Member States.
The convention specifies an EGTC's activities and lifespan and the conditions for dissolving it. Its scope is limited to the field of cooperation chosen by its members, and it sets out their responsibilities. The law to be applied for interpreting and enforcing the convention is that of the Member State where the EGTC has its registered office.
The statutes of an EGTC are adopted on the basis of its convention. They must stipulate the following:
- the list of members;
- the purpose and activities of the EGTC and the relationship between its members;
- its name and place of establishment;
- its organs, their remits and how they operate;
- its decision-making procedures;
- its working language(s);
- its operating arrangements: personnel management, recruitment procedures, nature of employment contracts, etc.;
- the arrangements for members' financial contributions and the applicable accounting and budgetary rules;
- designation of an independent financial control and external auditing body.
The members adopt an annual budget estimate, for which an annual activity report is produced and certified by independent experts. Members are financially liable for any debts on a pro-rata basis according to their contribution to the budget.
Other provisions relating to cohesion policy for the period 2007-2013 are found in the four specific Regulations on:
- general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund;
- the European Regional Development ERDF;
- the European Social Fund (ESF);
- the Cohesion Fund.
Cohesion policy for the period 2007-2013 has its financial basis in the Interinstitutional Agreement and the Financial Framework for 2007-2013.
|Act||Entry into force||Deadline for transposition in the Member States||Official Journal|
Regulation (EC) No 1082/2006
OJ L 210 of 31.7.2006