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Setting up an EGTC
The following information gives a brief overview on the procedures and requirements for the set up of an EGTC.
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 regarding members’ contributions, applicable accounting and budgetary rules – arrangements regarding members’ liability – authorities responsible for the designation of independent external auditors – procedures for amending the statutes.
Step 2 - Notification - 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 three months. 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 will have its registered office in that Member State).
Step 3 - Setting-up of the EGTC
- Once the notification process has been finalised for each prospective member, the future 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 Member State where the EGTC has its registered office (Art.9). Once published/registered, the EGTC acquires legal personality and can start its activities;
- 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 the 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 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 to third parties, even where such acts do not fall within the tasks of the EGTC.
