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The EGTC Regulation
The EGTC Regulation (EC) No 1082/2006 was published in the Official Journal of the European Communities on 31 July 2006. Coming into force on 1 August 2006, the regulation gave EU Member States one years time to take measures enabling its effective application.
Below you will find an overview of the EGTC instrument, as created by Regulation (EC) No 1082/2006.
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: EGTC shall exercise actions within the limits of the members’ competences under national law (Art.3).
Use
It is primarily a tool to 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 (NB: actions outside EU funding can be restricted by Member States (Art.7(3)).
Legal personality
The EGTC has a legal personality and capacity recognised by EU law: it can 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).
An optional instrument
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 the cohesion field;
- One member may be empowered to execute the EGTC’s tasks.
Applicable law
The law applicable to the EGTC is the law of the Member State where the EGTC has its registered office (Art.6).
Membership (Article 3)
Possible members of an EGTC are:
- 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
An EGTC must be composed of at least two members coming from at least two EU Member States.
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: Member States took measures to enable effective application of the regulation
- 1 August 2007: Full application of the Regulation: EGTCs can be set up
- February 2008: Creation of the first EGTC
- 1 August 2011: review of the EGTC Regulation and its application by European Commission
