Explanatory Memorandum to COM(2004)496 - European grouping of cross-border cooperation (EGCC)

Please note

This page contains a limited version of this dossier in the EU Monitor.

dossier COM(2004)496 - European grouping of cross-border cooperation (EGCC).
source COM(2004)496 EN
date 14-07-2004
Member States and regional and local authorities have experienced important difficulties in carrying out and managing actions of cross-border co-operation, trans-national co-operation and inter-regional co-operation, within the framework of differing national laws and procedures. This calls for appropriate measures at the community level in order to reduce these difficulties.

The harmonious development of the entire community territory and reinforced economic, social and territorial cohesion imply a stronger cross-border co-operation and the adoption of measures to improve the implementation conditions for cross-border co-operation.

To this end, article 159, third paragraph, allows for specific actions to be taken outside the funds which are the subject of the first paragraph of this article, in order to achieve the treaty objective of greater economic and social cohesion.

In order to overcome the obstacles hindering cross-border co-operation, it is necessary to introduce a co-operation instrument at the community level, which allows the creation of co-operative groupings in the community territory, invested with legal personality, called 'European groupings of cross-border co-operation' (EGCC). Recourse to the EGCC should be optional.

The EGCC is invested with the capacity to act on behalf of its members, notably the regional and local authorities of which it is composed. The tasks delegated to it must be defined by its members, in a convention of European cross-border co-operation.

The EGCC must be able to act, either for implementing programmes of cross-border co-operation co-financed by the Community, notably by the structural funds, as well as trans-national and inter-regional co-operation programmes, or for carrying out cross-border co-operation programmes which are at the sole initiative of the Member States and their regional and local authorities, without financial contribution by the Community.

The financial responsibility of regional and local authorities, as well as that of the Member States, is not affected by the formation of an EGCC, with regard to both the management of Community funds and national funds.

The powers exercised by regional and local authorities as public authorities, notably police and regulatory powers, cannot be the subject of a convention.