EGTCs with Partner countries

1. EGTCs with Partner countries Brussels, EGTC conference 29 March 2012 Jakub Urbanik ENP Policy and Instruments

3. The past: constant CBC evolution • CBC – a special form of territorial cooperation used by the EU since the 1960s • Cooperation with external Partners: - ELARG countries in the 90s. • Before 2004: - programmes only in the East, - two separate sets of rules (EU and non EU), - full control by the DELs; - separation form the political agenda • 2004-2007: Neighbourhood Programmes: intermediate phase: - introduction of the programmes to the South - mixture of old and new rules of conduct, closer liaison to the ETC model - continuation of two separate contracting procedures 3

4. From 2007 • 2007: Introduction of the current CBC in the ENPI region, based upon the CBC SP/IP • Aim: • 1 set of rules for everybody • local ownerships of the programmes • State of play: - 13 programmes running, but some delays in implementation - budget exceeding EUR 900 mln - vast majority of eligible territories participating - high interest shown in CfPs - in the first calls: majority of the lead partners are from MS 4

5. Moving towards the future • Starting from the conference in February 2011 in Brussels, the stakeholders look for improvements for the future programmes. • The main work now concentrates on: - Preparation of the new ENI Regulation (draft Dec. 2011); - Review and change of the Implementing Rules - Preparation of the new Programming Framework • On all issues work is ongoing. • Important contributions from various non-papers and inputs from MS and regional organisations 7

6. October 2011 - Draft proposal of a Regulation on a European grouping of territorial cooperation (EGTC) • The philosophy behind the changes in comparison to previous Regulation: e.g. Flexibility: by opening up EGTCs to territorial cooperation and by providing legal basis for the participation of authorities and regions from third countries to participate as members. • So far,the EGTC Regulation did not exclude the possibility of entities from third countries to participate in an EGTC formed in accordance with this Regulation, where the legislation of a third country or agreements between Member States and third countries so allow. • So far large problems with legislation on Partners’ side… Relationship with EGTC The 5

7. New EGTC Regulation As the EGTC Regulation cannot apply in third countries, it should be specified that the Member State where the proposed EGTC's registered office will be locatedshould ensure, when approving the participation of members established under their law, that the third countries have applied equivalent conditions and procedures to those in the EGTC Regulation or in accordance with international agreements. As a consequence of the opening up of EGTCs to members from third countries, it should be specified that the convention should contain arrangements for their involvement.

8. Art 1: « The following entities may become members of an EGTC: - national, regional or local authorities or bodies or public enterprises equivalent to those referred to under point (d) -/ public undertakings or bodies governed by public law/ from third countries » The Article 3a is added: Accession of members from third countries or overseas territories 1. An EGTC may be made up of members drawn from the territory of at least two Member Statesand of one or more third country or overseas territory, where those Member States and third countries (…) jointly carry out territorial cooperation actions or implement programmes supported by the Union. 2. An EGTC may be made up of members drawn from the territory of only one Member State and of one third country or overseas territory, where that Member State considers such an EGTC consistent with the scope of its territorial cooperation or bilateral relations with the third country or overseas territory.” New EGTC Regulation The 5

9. New EGTC Regulation In the case of an EGTC with members from third countries or overseas territories, the Member State where the proposed registered office of the EGTC will be located shall ensurethat the conditions laid down in Article 3a are fulfilledand that the third country or the Member State under whose laws have approved the prospective member’s participation - according to (…) an agreement concluded between the Member State (under whose law a prospective member is established) and such third country have approved the prospective member’s participation according to equivalent conditions and procedures to those laid down in this Regulation (…). Art 8. The convention shall specify: the arrangement for the involvement of members from third countries or overseas territories if appropriate; The 5

10. 2 EGTC functioning waiting for the Partner country: • Bánát Triplex Confinium (potentially with Serbia) • Ung-Tisza-Túr-Sajó (UTTS). This EGTC will be created between Hungary, the Slovak Republic, Romania and Ukraine to manage cooperation projects with EU funding.  • 1 EGTC under preparation: • Ung-Tisza-Túr (UTT) This quadrilateral cooperation will be formed between Hungary, the Slovak Republic, Romania and Ukraine. The EGTC will be set up for CBC project management, with the ambition to use different EU funds for the joint projects.  Planned EGTCs with participation of Partners The 5

11. Building bridges for the future The debate is open. The EGTC will be developing. What will be its place in the external relations of the EU remains yet to be seen. But it definitely forms one of the main possible channels of local cooperation on the EU external border THANK YOU 15