The EGTC Regulation
General aspects
Scope
The scope of the EGTC regulation is as follows:
- Geographical: cross-border, territorial and interregional cooperation (Art.1);
- Thematic: strengthening economic and social cohesion (Art.1);
- Limit: exercise actions within the limits of the members’ competences under national law (Art.3).
Use
It is primarily a tool be used for the management of EU Structural Funds, but different functions can be envisaged for an EGTC:
- In charge of the implementation of a Territorial Cooperation programme (upon delegation by the Member State to the EGTC);
- Lead partner or partner in an Territorial Cooperation project;
- Other cooperation actions with EU-funding;
- Other cooperation actions without EU-funding (yet actions outside EU funding can be restricted by Member States to ERDF-like actions (Art.7(3)).
Legal personality
The EGTC has a legal personality and capacity recognised by EU law: can thus acquire property, hire personnel, be party to legal proceedings (Art.1). Legal personality is acquired on the day of the registration and/or publication of its statutes (Art.5).
Setting-up
The setting up on an EGTC is optional (Preamble (8)).
Implementation aspects
Scope of action/limits (Art.7):
- The EGTC may be given the possibility to act on behalf of its members;
- In any case, it shall act within the confines of the tasks given. It is not authorised to exercise powers conferred by public law to safeguard general interests of the State: police, regulatory powers, justice, foreign policy;
- Its action is limited to cooperation in cohesion field;
- One member may be empowered to execute the EGTC’s tasks
Applicable law: The law applicable is the law of the Member State where the EGTC has its registered office (Art.6).
Membership (Article 3)
- Member States
- Regional authorities
- Local authorities
- Bodies governed by public law (following Art. 1(9), 2nd sub§ of Directive 2004/18/EC)
- Associations consisting of such bodies
- Members coming from at least two Member States
Entry into Force
The regulation was published in the Official Journal of the European Communities on 31 July 2006. Coming into force on 1 August 2006, the regulation gives the Member States one year to take the measures enabling its effective application.
Calendar
- 5 July 2006: Adoption of the regulation
- 31 July 2006: Publication in the OJEC (entry into force)
- 1 August 2006 to 31 July 2007: MMSS take measures to enable effective application of the regulation
- 1 August 2007: Full application
Review
The European Commission must report on the application of the Regulation by 1 August 2011, including the proposal for amendments if necessary.
Page updated on 22.10.2006
