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Step 1 - preparation

The prospective members determine together the objective and the scope of the EGTC, and establish a proposal of convention and statutes:

• Convention (Art.8): name – registered office – territory covered – objective and tasks – duration – conditions for dissolution – list of members – law applicable – arrangements for mutual recognition – procedures for amending the convention.
• Statutes (Art.9): organs (composition, competences) – decision-making procedures – working language(s) – functioning arrangements (esp. regarding personnel) – arrangements about members’ contributions, applicable accounting and budgetary rules – arrangements about members’ liability – authorities responsible for the designation of independent external auditors – procedures for amending the statutes

Step 2 - request for authorisation to participate (Art.4)

Each prospective member must notify its Member State of its intention to participate in an EGTC and send a copy of the proposed convention and statutes.

The Member State shall approve the member’s participation in the EGTC, within a deadline of 3 months (as a general rule). Any rejection must be justified (Art.4). The assessment procedure is based on national rules. Before giving its authorisation of participation, the Member State must designate the competent authority responsible for control of the EGTC’s management of funds (in case the EGTC is to have its registered office in that Member State).

Step 3 - setting-up of the EGTC:

• The members conclude the convention unanimously (Art.8);
• The statutes are adopted on the basis of the convention by the members, acting unanimously. The statutes must be registered and/or published in the MMSS where the EGTC has its registered office (Art.9);
• Within 10 days of the registration and/or publication of the statutes, the EGTC shall send a request to the Office for Official Publications of the European Communities for publication of a notice in the Official Journal of the European Union (Art.5).. The EGTC members shall also 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).

Step 4 – setting-up of the organs (Art.10)

The EGTC is composed of at least and assembly and a director. The assembly is composed of representatives of the EGTC’s members – it approves the annual budget.

Additional organs may be provided by the statutes.

The EGTC is liable for the acts of its organs as regards third parties, even where such acts do not fall within the tasks of the EGTC.

Page updated on 22.10.2006