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20.12.2013 Official
Journal
of
the
European
Union L
347/303
REGULATION (EU) No 1302/2013 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
of 17 December 2013
amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC)
as regards the clarification, simplification and improvement of the establishment and functioning of
such groupings
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
(4)
EGTCs can have the potential to enhance the promotion
EUROPEAN UNION,
and achievement of the harmonious development of the
Union as a whole and the economic, social and territorial
Having regard to the Treaty on the Functioning of the European
cohesion of its regions, in particular, and to contribute to
Union, and in particular the third paragraph of Article 175
meeting the objectives of the Europe 2020 strategy for
thereof,
smart, sustainable and inclusive growth (‘Europe 2020
strategy’). EGTCs can also contribute positively to
reducing barriers to territorial cooperation between
Having regard to the proposal from the European Commission,
regions which suffer from severe and permanent
natural or demographic handicaps, including the
After transmission of the draft legislative act to the national
specific situation of outermost regions, and can be instru
parliaments,
mental in strengthening the cooperation between third
countries, overseas countries and territories (‘OCTs’) and
Union border regions, including through the use of
Having regard to the opinion of the European Economic and
Union external cooperation programmes.
Social Committee ( 1 ),
Having regard to the opinion of the Committee of the
(5) Experience
with
EGTCs
established
so
far
shows
that,
as
a
Regions ( 2 ),
legal instrument, EGTCs are also being used for
cooperation in the context of Union policies other than
Acting in accordance with the ordinary legislative procedure,
Cohesion Policy, including by implementing programmes
or parts of programmes with Union financial support
other than that under Cohesion Policy. The efficiency
Whereas:
and effectiveness of EGTCs should be enhanced by broa
dening the nature of EGTCs, removing persistent barriers
(1) In
accordance
with
Regulation
(EC)
No
1082/2006
of
the
and facilitating the establishment and operation of EGTCs
European Parliament and of the Council
( 3 ), the
while maintaining the Member States' ability to limit the
Commission adopted on 29 July 2011 a report for the
actions that EGTCs are able to carry out without Union
European Parliament and the Council on the application
financial support. Under Regulation (EC) No 1082/2006
of that Regulation. In that report, the Commission
EGTCs have in each Member State the most extensive
announced its intention to propose a limited number
legal capacity accorded to legal persons under that
of modifications to Regulation (EC) No 1082/2006 to
Member State's national law, including the possibility of
facilitate the establishment and operation of EGTCs, as
concluding agreements with other EGTCs, or other legal
well as to propose clarification of certain existing provi
entities, for the purposes of carrying out joint
sions. Obstacles to establishing new EGTCs should be
cooperation projects to, inter alia, provide for more
removed while maintaining continuity in, and facilitating
efficient operation of macro-regional strategies.
the operation of, existing ones, thus allowing more
extensive use of EGTCs to contribute to better policy
coherence and cooperation between public bodies
without creating an additional burden on national or
(6) By
definition,
EGTCs
operate
in
more
than
one
Member
Union administrations.
State. Consequently, Regulation (EC) No 1082/2006
provides for the possibility for the EGTC's convention
and statutes to state the applicable law on certain
(2) The
establishment
of
an
EGTC
is
a
matter
to
be
decided
issues. The cases in which such statements are to give
by its members and their national authorities, and is not
priority, within the hierarchy of applicable law laid down
automatically linked with any legal or financial
in that Regulation, to the national law of the Member
advantages at Union level.
State where the EGTC has its registered office should be
clarified. At the same time, the provisions of Regulation
(3) The
Treaty
of
Lisbon
added
a
territorial
dimension
to
(EC) No
1082/2006 on applicable law should be
Cohesion Policy and 'Community' was replaced by
extended to the acts and activities of an EGTC that are
'Union'. The new terminology should therefore be
subject to legal scrutiny by Member States in each indi
introduced into Regulation (EC) No 1082/2006.
vidual case.
( 1 ) OJ C 191, 29.6.2012, p. 53.
( 2 ) OJ C 113, 18.4.2012, p. 22.
(7)
As a result of the differing status of local and regional
( 3 ) Regulation (EC) No 1082/2006 of the European Parliament and of
the Council of 5 July 2006 on a European grouping of territorial
bodies in Member States, competences that are regional
cooperation (EGTC) (OJ L 210, 31.7.2006, p. 19).
on one side of a border can be national on the other,

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L 347/304
EN
Official Journal of the European Union
20.12.2013
especially in smaller or centralised Member States.
(10) In
order
to
strengthen
the
Union's
economic,
social
and
Consequently, national authorities should be able to
territorial cohesion and therefore to reinforce, in
become members of an EGTC alongside the Member
particular, the effectiveness of territorial cooperation,
State.
including one or more of the cross-border, transnational
and interregional strands of cooperation, between
members of an EGTC, the participation of third
countries neighbouring a Member State, including its
outermost regions, should be allowed in an EGTC. Oper
ations under European territorial cooperation
programmes, where co-financed by the Union, should
(8) While
Regulation
(EC)
No
1082/2006
allows
for
bodies
therefore continue to pursue Union Cohesion Policy
established under private law to become members of an
objectives, even if they are implemented, partly or in
EGTC provided that they are considered as being bodies
their entirety, outside the territory of the Union, and,
governed by public law as defined in Directive
as a consequence, the activities of an EGTC are also
2004/18/EC of the European Parliament and of the
carried out at least to some extent outside the territory
Council ( 1 ), it should be possible to use EGTCs in the
of the Union. In this context, and where relevant, the
future to jointly manage public services with a particular
contribution by the activities of an EGTC that also has
focus on services of general economic interest or on
members from third countries neighbouring at least one
infrastructure. Other private or public law actors should
Member State, including its outermost regions, to the
also be able, therefore, to become members of an EGTC.
objectives of Union external action policies, such as
Consequently, 'public undertakings' as defined in
development cooperation or economic, financial and
Directive 2004/17/EC of the European Parliament and
technical cooperation objectives, remains merely inci
of the Council ( 2 ), and undertakings entrusted with the
dental, as the centre of gravity of the cooperation
operation of services of general economic interest, in
programmes concerned and consequently the activities
fields such as education and training, medical care,
of that EGTC should focus primarily on Union
social needs in relation to health care and longterm
Cohesion Policy objectives.Consequently any devel
care, childcare, access to, and reintegration into, the
opment cooperation or economic, financial and
labour market, social housing and the care and social
technical cooperation objectives between only one
inclusion of vulnerable groups, should be covered as well.
Member State, including its outermost regions, and one
or more third countries are only ancillary to the cohesion
policy-based territorial cooperation objectives between
Member States, including their outermost regions.
Therefore, the third paragraph of Article 175 of the
Treaty on the Functioning of the European Union
(9) Regulation
(EC)
No
1082/2006
does
not
contain
detailed
(TFEU) is a sufficient legal basis for the adoption of
rules concerning the participation of entities from third
this Regulation.
countries in an EGTC formed in accordance with that
Regulation, i.e. between members from at least two
Member States. Given the further alignment of the
rules governing the cooperation between one or more
Member States and one or more third countries,
predominantly in the context of cross-border cooperation
under the European Neighbourhood Instrument (ENI)
(11) Following
the
authorisation
for
participation
of
national,
and the Instrument for Pre-accession Assistance (IPA II),
regional, sub-regional and local authorities and organi
but also in the context of complementary financing from
sations, as well as, where appropriate, other public
the European Development Fund, and of transnational
bodies or institutions, including public service providers,
cooperation under the European territorial cooperation
from an OCT in an EGTC, based on Council Decision
goal, where allocations from the ENI and the IPA II are
2013/755/EU (
to be transferred in order to pool such allocations with

3 ) and taking into account that, in the case
of the 2014-2020 programming period, a special
allocations from the European Regional Development
additional financial allocation under the multiannual
Fund (ERDF) under joint cooperation programmes, the
financial framework is to reinforce the cooperation of
participation of members from third countries neigh
the outermost regions of the Union with neighbouring
bouring a Member State, including its outermost
third countries and some of the OCTs listed in Annex II
regions, in EGTCs established between at least two
to the TFEU and neighbouring those outermost regions,
Member States should be explicitly provided for. This
EGTCs, as a legal instrument, should also be opened up
should be possible where the legislation of a third
to members from OCTs. For the sake of legal certainty
country, or agreements between at least one participating
and transparency special approval procedures for the
Member State and a third country, so allows.
accession of members from an OCT to an EGTC
should be established including in this regard, where
( 1 ) Directive 2004/18/EC of the European Parliament and of the
necessary, special rules on the law applicable to the
Council of 31 March 2004 on the coordination of procedures for
relevant EGTC with members from an OCT.
the award of public works contracts, public supply contracts and
public service contracts (OJ L 134, 30.4.2004, p. 114).
( 2 ) Directive 2004/17/EC of the European Parliament and of the
( 3 ) Council Decision 2013/755/EU of 25 November 2013 on the
Council of 31 March 2004 coordinating the procurement
association of the overseas countries and territories with the
procedures of entities operating in the water, energy, transport
Union ('Overseas Association Decision') (OJ L 344 19.12.2013,
and postal services sectors (OJ L 134, 30.4.2004, p. 1).
p. 1).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/305
(12) Regulation
(EC)
No
1082/2006
distinguishes
between
the
(16) In
order
to
encourage
the
accession
of
new
members
to
convention laying down the constitutive elements of the
an existing EGTC, the procedure to amend conventions
future EGTC and the statutes setting out the implemen
in such cases should be simplified. Consequently, such
tation elements. However, under that Regulation the
amendments should, in the case of a new member from
statutes currently have to contain all the provisions of
a Member State that has already approved the
the convention. Although both the convention and the
convention, not be notified to all participating Member
statutes are to be sent to Member States, they are distinct
States, but only to the Member State under whose laws
documents, and the approval procedure should be
the new prospective member is established and the
limited to the convention. In addition, some elements
Member State where the EGTC has its registered office.
presently covered by the statutes should be covered by
Any subsequent amendment of the convention should be
the convention instead.
notified to all Member States concerned. However, such
simplification of the amending procedure should not
apply in the case of a new prospective member from a
Member State that has not already approved the
(13) Experience
gained
from
establishing
EGTCs
shows
that
the three-month period for the Member States' approval
convention, a third country, or an OCT, because it is
procedure has rarely been respected. That period should
necessary to enable all participating Member States to
therefore be extended to six months. On the other hand,
check whether such accession is in line with its public
in order to ensure legal certainty after that period, the
interest or public policy.
convention should be deemed to be approved by tacit
agreement, where applicable, in accordance with the
national law of the Member States concerned, including
their respective constitutional requirements. However, the
(17) Given
the
links
between
Member
States
and
OCTs,
the
Member State where the proposed registered office of the
procedures for approval of participation of prospective
EGTC is to be located should have to formally approve
members from OCTs should involve those Member
the convention. While Member States should be able to
States. In accordance with the specific governance rela
apply national rules on the procedure for approval of a
tionship between the Member State and the OCT, the
prospective member's participation in the EGTC or to
Member State should either approve the participation
create specific rules in the framework of the national
of the prospective member from the OCT or provide
rules implementing Regulation (EC) No
1082/2006,
written confirmation to the Member State, where the
derogations to the provision concerning tacit agreement
proposed registered office of the EGTC is to be located,
after the six-month period should be precluded, except as
that the competent authorities in the OCT have approved
provided for in this Regulation.
the prospective member's participation in accordance
with equivalent conditions and procedures to those laid
down in Regulation (EC) No 1082/2006. The same
procedure should apply in the case of a prospective
(14) The
grounds
for
a
Member
State
not
approving
a
pros
member from an OCT that wishes to join an existing
pective member's participation or the convention should
EGTC.
be set out. However, any national law requiring other
rules and procedures than those provided for in Regu
lation (EC) No 1082/2006 should not be taken into
account when deciding on that approval.
(18) As the statutes are no longer to contain all the provisions
of the convention, both the convention and statutes
should be registered or published, or both. In addition,
(15) As
Regulation
(EC)
No
1082/2006
cannot
apply
in
third
for reasons of transparency, a notice concerning the
countries, the Member State where the proposed
decision establishing an EGTC should be published in
registered office of the EGTC is to be located should,
the C series of the Official Journal of the European Union.
when approving the participation of prospective
In the interests of consistency, that notice should contain
members from third countries, established under the
the details set out in the Annex to Regulation (EC)
law of those third countries, satisfy itself, in consultation
No 1082/2006 as amended by this Regulation.
with those Member States under whose laws other pros
pective members of the EGTC have been established, that
the third countries have applied equivalent conditions
and procedures to those laid down in Regulation (EC)
(19) The
purpose
of
an
EGTC
should
be
extended
to
cover
the
No 1082/2006 or acted in accordance with international
facilitation and promotion of territorial cooperation in
bilateral or multilateral agreements concluded between
general, including strategic planning and the
Member States of the Council of Europe, whether or
management of regional and local concerns in line
not they are also Member States of the Union, based
with Cohesion Policy and other Union policies, thus
on the European Outline Convention on Transfrontier
contributing to the Europe 2020 strategy or to the
Co-operation between Territorial Communities or Auth
implementation of macro-regional strategies. An EGTC
orities, signed in Madrid on 21 May 1980, and the
should therefore be able to implement operations with
additional Protocols adopted pursuant thereto. In the
financial support other than that provided by Union
case of the involvement of several Member States of
Cohesion Policy. In addition, every member in each of
the Union and one or more third countries, it should
the Member States or third countries represented should
be sufficient that such an agreement has been concluded
be required to have each competence needed for the
between the respective third country and one partici
efficient functioning of an EGTC unless the Member
pating Member State of the Union.
State or third country approves the participation of

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20.12.2013
a member established under its national law even where
(26) Given the importance of the rules applicable to staff of
that member is not competent for all the tasks specified
EGTCs and of the principles governing the arrangements
in the convention.
concerning personnel management and recruitment
procedures, the convention, not the statutes, should
specify those rules and principles. It should be possible
(20) As a legal instrument, EGTCs are not intended to
for different options as to the choice of rules applicable
circumvent the framework provided by the Council of
to staff of EGTCs to be laid down in the convention. The
Europe acquis offering different opportunities and
specific arrangements concerning personnel management
frameworks within which regional and local authorities
and recruitment procedures should be addressed in the
can cooperate across borders including the recent Eurore
statutes.
gional Co-operation Groupings ( 1 ), or to provide a set of
specific common rules which would uniformly govern all
such arrangements throughout the Union.
(27) Member
States
should
further
make
use
of
the
possi
bilities provided for under Regulation (EC) No 883/2004
(21) Both
the
specific
tasks
of
an
EGTC
and
the
possibility
for
of the European Parliament and of the Council ( 2 ) to
Member States to limit the actions that EGTCs can carry
allow by common agreement for exceptions with
out without financial support from the Union should be
regard to the determination of the legislation applicable
aligned with the provisions governing the ERDF, the
under that Regulation, in the interests of certain persons
European Social Fund and the Cohesion Fund during
or categories of persons, and to consider the staff of
the 2014-2020 programming period.
EGTCs as being such a category of persons.
(22) While
it
is
laid
down
in
Regulation
(EC)
No
1082/2006
that the tasks of an EGTC do not concern, among others,
(28) Given the importance of the arrangements relating to
'regulatory powers', which can have different legal
members' liability, the convention, not the statutes,
consequences in different Member States, nevertheless
should specify those arrangements.
an EGTC's assembly should be able to define, if the
convention specifically so provides, and, in compliance
with Union and national law, the terms and conditions
of the use of an item of infrastructure the EGTC is
(29) Where an EGTC has as its exclusive
objective the
managing, or the terms and conditions subject to
management of a cooperation programme, or part
which a service of general economic interest can be
thereof, supported by the ERDF, or where an EGTC
provided, including the tariffs and fees to be paid by
concerns interregional cooperation or networks,
the users.
information concerning the territory in which the
EGTC is able to execute its task should not be
required. In the former case, the extent of the territory
(23) As a consequence of the opening up of EGTCs to
should be defined and, where appropriate, changed in the
members from third countries or OCTs, the convention
relevant cooperation programme. In the latter case, while
should specify the arrangements for their involvement.
primarily concerning immaterial activities, the
requirement for such information would jeopardise the
accession of new members to interregional cooperation
(24) The convention should, in addition to including a
or networks.
reference to the applicable law in general as laid down
in Article 2 of Regulation (EC) No 1082/2006, also list
the Union and national law applicable to the EGTC. In
addition, it should be possible for that national law to be
(30) The
different
arrangements
relating
to
the
control
of
the law of the Member State where the organs of the
management of public funds on the one hand and of
EGTC exercise their powers, in particular in the case of
the audit of the EGTC's accounts on the other hand
staff that work under the responsibility of the director
should be clarified.
and are located in a Member State other than the
Member State where the EGTCs has its registered office.
The convention should also list the applicable Union and
national law directly relevant to the EGTC's activities
(31) EGTCs
whose
members
have
limited
liability
should
be
carried out under the tasks specified in the convention,
more clearly distinguished from those whose members
including where the EGTC is managing public services of
have unlimited liability. In addition, in order to enable
general interest or infrastructure.
EGTCs whose members have limited liability to
implement activities which could potentially generate
debts, Member States should be allowed to require that
(25) This
Regulation
should
not
cover
problems
linked
to
such EGTCs take out appropriate insurance or that such
cross-border procurement encountered by EGTCs.
EGTCs be subject to an appropriate financial guarantee to
cover the risks specific to the activities thereof.
( 1 ) Protocol No. 3 to the European Outline Convention on Trans
frontier Co-operation between Territorial Communities or Auth
( 2 ) Regulation (EC) No 883/2004 of the European Parliament and of the
orities concerning Euroregional Co-operation Groupings (ECGs),
Council of 29 April 2004 on the coordination of social security
opened for signature on 16 November 2009.
systems (OJ L 166, 30.4.2004, p. 1).

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EN
20.12.2013 Official
Journal
of
the
European
Union L
347/307
(32) Member States should submit to the Commission any
Commission, this Regulation should start to apply six
provisions, as well as any amendments thereto, adopted
months after the date of its entry into force. When
to implement Regulation (EC) No 1082/2006. In order
adapting their existing national rules Member States
to improve the exchange of information and coor
should ensure that competent authorities responsible
dination between the Member States, the Commission
for approval of EGTCs are designated and that, in
and the Committee of the Regions, the Commission
accordance with their legal and administrative arrange
should transmit such provisions to the Member States
ments, those authorities should be the same bodies
and to the Committee of the Regions. The Committee
responsible for receipt of notifications in accordance
of the Regions has set up an EGTC platform enabling all
with Article 4 of Regulation (EC) No 1082/2006.
stakeholders to exchange their experiences and good
practices and to improve communication on EGTC
opportunities and challenges by facilitating the
(38) Since the objective of this Regulation, namely the
exchange of experience on the establishment of EGTCs
improvement of the EGTC legal instrument, cannot be
at territorial level and sharing knowledge of best practices
sufficiently achieved by the Member States but can rather
with regard to territorial cooperation.
be better achieved at Union level, the Union may adopt
measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty on European Union.
In accordance with the principle of proportionality, as set
(33) A
new
deadline
for
the
report
on
the
application
of
Regulation (EC) No 1082/2006 should be fixed. In
out in that Article, this Regulation does not go beyond
accordance with the Commission's move towards more
what is necessary in order to achieve that objective,
evidence-based policy-making, that report should address
recourse to an EGTC being optional, in accordance
the main evaluation questions including effectiveness,
with the constitutional system of each Member State.
efficiency, relevance, European added value, scope for
simplification and sustainability. Effectiveness should be
understood as relating, inter alia, to the nature of the
(39) Regulation (EC) No
1082/2006 should therefore be
attempts inside the different Commission services and
amended accordingly,
between the Commission and other bodies such as the
European External Action Service to disseminate
knowledge about the EGTC instrument. The Comission
HAVE ADOPTED THIS REGULATION:
should forward that report to the European Parliament,
the Council and, pursuant to the first paragraph of
Article 307 TFEU, to the Committee of the Regions.
Article 1
That report should be forwarded by 1 August 2018.
Amendments to Regulation (EC) No 1082/2006
Regulation (EC) No 1082/2006 is amended as follows:
(34) In
order
to
lay
down
a
list
of
indicators
for
use
in
the
evaluation and preparation of the report on the appli
cation of Regulation (EC) No 1082/2006, the power to
(1) Article 1 is amended as follows:
adopt acts in accordance with Article 290 TFEU should
be delegated to the Commission. It is of particular
importance that the Commission carry out appropriate
(a) paragraphs 1 and 2 are replaced by the following:
consultations during its preparatory work, including at
expert level. The Commission, when preparing and
drawing up delegated acts, should ensure a simultaneous,
'1. A
European
grouping
of
territorial
cooperation
timely and appropriate transmission of relevant
(“EGTC”) may be established on Union territory under
documents to the European Parliament and to the
the conditions and subject to the arrangements
Council.
provided for by this Regulation.
(35) Existing EGTCs should not be obliged to align their
2. The
objective
of
an
EGTC
shall
be
to
facilitate
convention and statutes to amendments to Regulation
and promote, in particular, territorial cooperation,
(EC) No 1082/2006 introduced by this Regulation.
including one or more of the cross-border, trans
national and interregional strands of cooperation,
between its members as set out in Article 3(1), with
the aim of strengthening Union economic, social and
(36) It
is
necessary
to
specify
under
which
set
of
rules
an
territorial cohesion.';
EGTC, for which an approval procedure was started
before the date of application of this Regulation,
should be approved.
(b) the following paragraph is added:
(37) In order to adapt existing national rules to implement
'5. The
registered
office
of
an
EGTC
shall
be
located
this Regulation before programmes under the European
in a Member State under whose law at least one of the
territorial cooperation goal have to be submitted to the
EGTC's members is established.';

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Official Journal of the European Union
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(2) Article 2 is amended as follows:
(f) national, regional or local authorities, or bodies or
public undertakings, equivalent to those referred to
(a) paragraph 1 is replaced by the following:
under point (d), from third countries, subject to the
conditions laid down in Article 3a.
'1. The acts of the organs of an EGTC shall be
governed by the following:
___________
(*) Directive 2004/17/EC of the European Parliament
and of the Council of 31 March 2004 coor
(a) this Regulation;
dinating the procurement procedures of entities
operating in the water, energy, transport and
(b) the convention referred to in Article 8, where it is
postal services sectors (OJ L 134, 30.4.2004,
expressly authorised under this Regulation to do
p. 1).
so; and
(**) Directive 2004/18/EC of the European Parliament
and of the Council of 31 March 2004 on the
(c) in the case of matters not, or only partly, regulated
coordination of procedures for the award of
under this Regulation, the national law of the
public works contracts, public supply contracts
Member State where the EGTC has its registered
and public service contracts (OJ L 134,
office.
30.4.2004, p. 114).';
Where it is necessary to determine the applicable law
under Union law or private international law, an EGTC
(b) paragraph 2 is replaced by the following:
shall be considered to be an entity of the Member
State where it has its registered office.';
'2. An
EGTC
shall
be
made
up
of
members
located
(b) the following paragraph is inserted:
on the territory of at least two Member States, except
as provided for in Article 3a(2) and (5).';
'1a. The
activities
of
an
EGTC
relating
to
carrying
out tasks, referred to in Article 7(2) and (3), inside the
(4) the following Article is inserted:
Union shall be governed by applicable Union law and
national law as specified in the convention referred to
in Article 8.
'Article 3a
Accession of members from third countries or
The activities of an EGTC that are co-financed from
overseas countries or territories (OCTs)
the Union budget shall comply with the requirements
set out in applicable Union law and the national law
1. In
accordance
with
Article
4(3a),
an
EGTC
may
be
relating to the application of that Union law.';
made up of members located on the territory of at least
two Member States and of one or more third countries
(3) Article 3 is amended as follows:
neighbouring at least one of those Member States,
including its outermost regions, where those Member
States and third countries jointly carry out territorial
(a) the first subparagraph of paragraph 1 is replaced by
cooperation actions or implement programmes
the following:
supported by the Union.
'1. The
following
entities
may
become
members
of
an EGTC:
For the purposes of this Regulation, a third country or an
OCT shall be considered to be neighbouring a Member
(a) Member States or authorities at national level;
State, including its outermost regions, where the third
country or the OCT and that Member State share a
common land border or where both the third country
(b) regional authorities;
or OCT and the Member State are eligible under a joint
maritime cross-border or transnational programme under
(c) local authorities;
the European territorial cooperation goal, or are eligible
under another cross-border, sea-crossing or sea-basin
(d) public undertakings within the meaning of point
cooperation programme, including where they are
(b) of Article 2(1) of Directive 2004/17/EC of the
separated by international waters.
European Parliament and of the Council (*) or
bodies governed by public law within the
2. An EGTC may be made up of members located on
meaning of the second subparagraph of Article 1(9)
the territory of only one Member State and of one or
of Directive 2004/18/EC of the European
more third countries neighbouring that Member State,
Parliament and of the Council (**);
including its outermost regions, where the Member State
concerned considers that EGTC to be consistent with the
(e) undertakings entrusted with operations of services
scope of its territorial cooperation in the context of cross-
of general economic interest in compliance with
border or transnational cooperation or bilateral relations
applicable Union and national law;
with the third countries concerned.

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3. For
the
purposes
of
paragraphs
1
and
2,
third
The Member State shall reach its decision, with regard
countries neighbouring a Member State, including its
to approval, within a period of six months from the
outermost regions, include maritime borders between the
date of receipt of a notification in accordance with
countries concerned.
paragraph 2. If the Member State which has received
the notification, does not raise an objection within that
period, the participation of the prospective member
4. In accordance with Article 4a and subject to the
and the convention shall be deemed to be approved.
conditions set out in paragraph 1 of this Article, an
However, the Member State where the proposed
EGTC may also be made up of members located on the
registered office of the EGTC is to be located shall
territory of at least two Member States, including their
formally approve the convention in order to allow
outermost regions, and of one or more OCTs, with or
the EGTC to be established.
without members from one or more third countries.
Any request for additional information from the
5. In accordance with Article 4a and subject to the
Member State to a prospective member shall
conditions set out in paragraph 2 of this Article, an
interrupt the deadline referred to in the third subpara
EGTC may also be made up of members located on the
graph. The period of interruption shall start from the
territory of only one Member State, including its
day following the date on which the Member State has
outermost regions, and of one or more OCTs, with or
sent its observations to the prospective member and
without members from one or more third countries.
shall last until the prospective member has responded
to the observations.
6. An
EGTC
shall
not
be
set
up
only
between
members
However, an interruption of the deadline referred to in
from a Member State and one or more OCTs linked to
the third subparagraph shall not occur if the pros
that same Member State.';
pective member submits a reply to the observations
by the Member State within ten working days of the
(5) Article 4 is amended as follows:
start of the period of interruption.
In deciding on a prospective member's participation in
(a) paragraph 3 is replaced by the following:
an EGTC, Member States may apply their national
rules.';
'3. Following
notification
under
paragraph
2
by
a
prospective member, the Member State which has
(b) the following paragraph is inserted:
received that notification shall, taking into account
its constitutional structure, approve the prospective
'3a. In
the
case
of
an
EGTC
with
prospective
member's participation in the EGTC and the
members from one or more third countries the
convention, unless that Member State considers that:
Member State where the proposed registered office of
the EGTC is to be located shall, in consultation with
(a) such participation or the convention is not in
the other Member States concerned, satisfy itself that
conformity with any of the following:
the conditions laid down in Article 3a are fulfilled and
that each third country has approved the prospective
members' participation in accordance with either:
(i) this Regulation;
(a) equivalent conditions and procedures to those laid
down in this Regulation; or
(ii) other Union law concerning the acts and
activities of the EGTC;
(b) an agreement concluded between at least one
Member State under whose law a prospective
(iii) national law relating to the powers and
member is established and that third country.';
competences of the prospective member;
(c) paragraphs 5 and 6 are replaced by the following:
(b) such participation is not justified for reasons of
public interest or of public policy of that
'5. The
members
shall
agree
on
the
convention
Member State; or
referred to in Article 8 while ensuring consistency
with the approval in accordance with paragraph 3 of
this Article.
(c) the statutes are inconsistent with the convention.
6. Any
amendment
to
the
convention
or
to
the
In the event of non-approval, the Member State shall
statutes shall be notified by the EGTC to the
state its reasons for withholding approval and shall,
Member States under whose law the EGTC's
where appropriate, suggest the necessary amendments
members are established. Any amendment to the
to the convention.
convention, except solely in the event of accession of

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a new member under point (a) of paragraph 6a, shall
both, in the Member State where the EGTC concerned has
be approved by those Member States in accordance
its registered office, in accordance with the applicable
with the procedure set out in this Article.';
national law of that Member State. The EGTC shall
acquire legal personality on the date of registration or
publication of the convention and the statutes,
(d) the following paragraph is added:
whichever occurs first. The members shall inform the
Member States concerned and the Committee of the
'6a. The
following
provisions
shall
apply
in
the
Regions of the registration or publication of the
event of accession of new members to an existing
convention and the statutes.
EGTC:
(a) in the event of accession of a new member from a
2. The
EGTC
shall
ensure
that,
within
ten
working
days
Member State that has already approved the
of the registration or publication of the convention and
convention, such accession shall be approved
the statutes, a request is sent to the Committee of the
only by the Member State under whose laws the
Regions following the template set out in the Annex to
new member is established in accordance with the
this Regulation. The Committee of the Regions shall then
procedure set out in paragraph 3 and notified to
transfer that request to the Publications Office of the
the Member State where the EGTC has its
European Union for publication of a notice, in the C
registered office;
series of the Official Journal of the European Union,
announcing the establishment of the EGTC, along with
the details set out in the Annex to this Regulation.';
(b) in the event of accession of a new member from a
Member State that has not already approved the
convention, the procedure set out in paragraph 6
(8) In Article 6, paragraph 4 is replaced by the following:
shall apply;
(c) in the event of accession of a new member from a
'4. Notwithstanding paragraphs 1, 2 and 3 of this
third country to an existing EGTC, such accession
Article, where the tasks of an EGTC as refered to in
shall be subject to examination by the Member
Article 7(3) cover actions which are co-financed by the
State where the EGTC has its registered office in
Union, the relevant legislation concerning the control of
accordance with the procedure set out in
funds provided by the Union shall apply.';
paragraph 3a.';
(6) the following Article is inserted:
(9) Article 7 is amended as follows:
'Article 4a
(a) paragraphs 2 and 3 are replaced by the following:
Participation of members from an OCT
In the case of an EGTC with a prospective member from
an OCT, the Member State to which the OCT is linked
'2. An
EGTC
shall
act
within
the
confines
of
the
shall satisfy itself that the conditions of Article 3a are
tasks given to it, namely the facilitation and
fulfilled and, taking into account its relationship with the
promotion of territorial cooperation to strengthen
OCT, either:
Union economic, social and territorial cohesion, and
the overcoming of internal market barriers. Each task
shall be determined by its members as falling within
(a) approve the prospective member's participation in
the competence of every member, unless the Member
accordance with Article 4(3); or
State or third country approves the participation of a
member established under its national law even where
(b) confirm in writing to the Member State where the
that member is not competent for all the tasks
proposed registered office of the EGTC is to be
specified in the convention.
located that the competent authorities in the OCT
have approved the prospective member's participation
in accordance with equivalent conditions and
3. An EGTC may carry out specific actions of terri
procedures to those laid down in this Regulation.';
torial cooperation between its members in pursuit of
the objective referred to in Article 1(2), with or
without financial support from the Union.
(7) Article 5 is replaced by the following:
'Article 5
Primarily, the tasks of an EGTC may concern the
Acquisition of legal personality and publication in the
implementation of cooperation programmes, or parts
Official Journal
thereof, or the implementation of operations
supported by the Union through the European
1. The
convention
and
the
statutes
and
any
subsequent
Regional Development Fund, the European Social
amendments thereto shall be registered or published, or
Fund and/or the Cohesion Fund.

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Member States may limit the tasks that EGTCs may
(j) the applicable Union and national law directly
carry out without financial support from the Union.
relevant to the EGTC's activities carried out under
However, without prejudice to Article 13, Member
the tasks specified in the convention;
States shall not exclude tasks concerning the
investment priorities referred to in Article 7 of Regu
(k) the rules applicable to the EGTC's staff, as well as the
lation (EU) No 1299/2013
(*) of the European
principles governing the arrangements concerning
Parliament and of the Council.
personnel management and recruitment procedures;
___________
(*) Regulation (EU) No 1299/2013 of the European
(l) the arrangements for liability of the EGTC and its
Parliament and of the Council of 17 December
members in accordance with Article 12;
2013 on specific provisions for the support from
the European Regional Development Fund to the
(m) the appropriate arrangements for mutual recognition,
European territorial cooperation goal (OJ L 347,
including for financial control of the management of
20.12.2013, p. 259).';
public funds; and
(n) the procedures for adoption of the statutes and
(b) in paragraph 4, the following subparagraph is added:
amendment of the convention, which shall comply
with the obligations set out in Articles 4 and 5.
'However, in compliance with applicable Union and
national law, the assembly of an EGTC, referred to
3. Where
the
tasks
of
an
EGTC
concern
only
the
in point (a) of Article 10(1), may define the terms
management of a cooperation programme, or part
and conditions of the use of an item of infrastructure
thereof, under Regulation (EU) No 1299/2013, or where
the EGTC is managing, or the terms and conditions
an EGTC concerns interregional cooperation or networks,
subject to which a service of general economic interest
information under point (b) of paragraph 2 shall not be
is provided, including the tariffs and fees to be paid by
required.';
the users.';
(11) Article 9 is replaced by the following:
(10) in Article 8, paragraph 2 is replaced by the following:
'Article 9
'2. The
convention
shall
specify:
Statutes
(a) the name of the EGTC and its registered office;
1. The
statutes
of
an
EGTC
shall
be
adopted
on
the
basis of, and in accordance with, its convention, by its
members acting unanimously.
(b) the extent of the territory in which the EGTC may
execute its tasks;
2. The
statutes
of
an
EGTC
shall
specify,
as
a
minimum,
the following:
(c) the objective and the tasks of the EGTC;
(a) the operating provisions of its organs and those
(d) the duration of the EGTC and the conditions for its
organs' competences, as well as the number of repre
dissolution;
sentatives of the members in the relevant organs;
(e) the list of the EGTC's members;
(b) its decision-making procedures;
(f) the list of the EGTC's organs and their respective
(c) its working language or languages;
competences;
(d) the arrangements for its functioning;
(g) the applicable Union law and national law of the
Member State where the EGTC has its registered
office for the purposes of the interpretation and
(e) its procedures concerning personnel management and
enforcement of the convention;
recruitment;
(h) the applicable Union law and national law of the
(f) the arrangements for its members' financial contribu
Member State where the EGTC's organs act;
tions;
(i) the arrangements for the involvement of members
(g) the applicable accounting and budgetary rules for its
from third countries or from OCTs if appropriate
members;
including the identification of applicable law where
the EGTC carries out tasks in third countries or in
(h) the designation of the independent external auditor of
OCTs;
its accounts; and

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(i) the procedures for amending its statutes, which shall
that it be covered by a facility provided as a guarantee
comply with the obligations set out in Articles 4
by a public entity or by a Member State to cover the
and 5.';
risks specific to the activities of the EGTC.';
(12) in Article 11, paragraph 2 is replaced by the following:
(14) in Article 15(2), the first subparagraph is replaced by the
following:
'2. The
preparation
of
its
accounts
including,
where
'2. Except
where
otherwise
provided
for
in
this
Regu
required, the accompanying annual report, and the
lation, Union law on jurisdiction shall apply to disputes
auditing and publication of those accounts, shall be
involving an EGTC. In any case which is not provided for
governed by the national law of the Member State
in such Union law, the competent courts for the resolution
where the EGTC has its registered office.';
of disputes shall be the courts of the Member State where
the EGTC has its registered office.';
(13) Article 12 is amended as follows:
(15) Article 16 is amended as follows:
(a) in paragraph 1 the following subparagraph is added:
(a) paragraph 1 is replaced by the following:
'An EGTC shall be liable for all its debts.';
'1. Member
States
shall
adopt
provisions
to
ensure
the effective application of this Regulation, including
with regard to the determination of the competent
(b) paragraph 2 is replaced by the following:
authorities responsible for the approval procedure, in
accordance with their legal and administrative arrange
ments.
'2. Without
prejudice
to
paragraph
3,
to
the
extent
that the assets of an EGTC are insufficient to meet its
liabilities, its members shall be liable for its debts irre
Where required under the terms of a Member State's
spective of the nature of those debts, each member's
national law, that Member State may establish a
share being fixed in proportion to its financial
comprehensive list of the tasks which the members
contribution. The arrangements for financial
of an EGTC within the meaning of Article 3(1) estab
contributions shall be fixed in the statutes.
lished under its laws already have, as far as territorial
cooperation within that Member State is concerned.
The EGTC's members may provide in the statutes that
The Member State shall submit to the Commission any
they are to be liable, after they have ceased to be
provisions adopted under this Article, as well as any
members of an EGTC, for obligations arising out of
amendments thereof. The Commission shall transmit
activities of the EGTC during their membership.
those provisions to the other Member States and the
Committee of the Regions.';
2a. If the liability of at least one member of an
EGTC from a Member State is limited as a result of
(b) the following paragraph is inserted:
the national law under which it is established, the
other members may also limit their liability in the
'
convention where national law implementing this
1a. The
provisions
referred
to
in
paragraph
1
Regulation enables them to do so.
insofar as they concern a Member State to which an
OCT is linked shall, taking into account the rela
tionship of the Member State with that OCT, also
The name of an EGTC whose members have limited
ensure the effective application of this Regulation
liability shall include the word 'limited'.
with regard to that OCT, neighbouring other
Member States or outermost regions of those
Member States.';
The requirements for the publication of the
convention, statutes and accounts of an EGTC whose
(16) Article 17 is replaced by the following:
members have limited liability shall be at least equal to
those required for other legal entities with limited
liability under the laws of the Member State where
'Article 17
that EGTC has its registered office.
Report
By 1 August 2018 the Commission shall forward to the
In the case of an EGTC whose members have limited
European Parliament, the Council and the Committee of
liability, any Member State concerned may require that
the Regions a report on the application of this Regulation,
the EGTC take out appropriate insurance or that it be
evaluating, based on indicators, its effectiveness, efficiency,
subject to a guarantee provided by a bank or other
relevance, European added value and scope for simplifi
financial institution established in a Member State or
cation.

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The Commission shall be empowered to adopt delegated
Article 2
acts, in accordance with Article 17a, laying down the list
of indicators referred to in the first paragraph.';
Transitional provisions
1. EGTCs
established
before
21
December
2013
shall
not
be
(17) the following Article is inserted:
obliged to align their convention and statutes with the
provisions of Regulation (EC) No 1082/2006 as amended by
'
this Regulation.
Article 17a
Exercise of the delegation
2. In
the
case
of
EGTCs,
for
which
a
procedure
under
1. The
power
to
adopt
delegated
acts
is
conferred
on Article 4 of Regulation (EC) No 1082/2006 was started before
the Commission subject to the conditions laid down in
22 June 2014 and for which only the registration or
this Article.
publication under Article 5 of Regulation (EC) No 1082/2006
is outstanding, the convention and the statutes shall be
registered or published, or both, in accordance with the
2. The power to adopt delegated acts referred to in the
provisions of Regulation (EC) No
1082/2006 before its
second paragraph of Article 17 shall be conferred on the
amendment by this Regulation.
Commission for a period of five years from 21 December
2013.
3. EGTCs
for
which
a
procedure
under
Article
4
of
Regu
lation (EC) No 1082/2006 was started more than six months
3. The
delegation
of
power
referred
to
in
the
second before 22 June 2014 shall be approved in accordance with the
paragraph of Article 17 may be revoked at any time by
provisions of Regulation (EC) No
1082/2006 before its
the European Parliament or by the Council.A decision to
revoke shall put an end to the delegation of the power
amendment by this Regulation.
specified in that decision. It shall take effect the day
following the publication of the decision in the Official
4. EGTCs other than those under paragraphs 2 and 3 of this
Journal of the European Union or at a later date specified
Article for which a procedure under Article 4 of Regulation (EC)
therein. It shall not affect the validity of any delegated acts
No 1082/2006 was started before 22 June 2014 shall be
already in force.
approved in accordance with the provisions of Regulation
(EC) No 1082/2006 as amended by this Regulation.
4. As
soon
as
it
adopts
a
delegated
act,
the
Commission
shall notify it simultaneously to the European Parliament
5. Member States shall submit to the Commission the
and to the Council.
necessary amendments to the national provisions adopted in
accordance with Article 16(1) of Regulation (EC)
5. A
delegated
act
adopted
pursuant
to
the
second No 1082/2006 as amended by this Regulation no later than
paragraph of Article 17 shall enter into force only if no
22 June 2014
objection has been expressed either by the European
Parliament or the Council within a period of three
Article 3
months of notification of that act to the European
Parliament and the Council or if, before the expiry of
Entry into force
that period, the European Parliament and the Council
have both informed the Commission that they will not
This Regulation shall enter into force on the day following its
object. That period shall be extended by three months at
publication in the Official Journal of the European Union.
the initiative of the European Parliament or of the
Council.'.
It shall apply from 22 June 2014.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 17 December 2013.
For the European Parliament
For the Council
The President
The President
M. SCHULZ
R. ADIUS

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ANNEX
Template of the information to be submitted under Article 5(2)
ESTABLISHMENT OF A EUROPEAN GROUPING OF TERRITORIAL COOPERATION (EGTC)
The name of an EGTC whose members have limited liability shall include the word ‘limited’ (Article 12(2a))
The asterisk* denotes mandatory fields.

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Joint statement of the European Parliament, the Council and the Commission relating to awareness
raising and Article 4 and 4a of the EGTC Regulation
The European Parliament, the Council and the Commission agree to undertake better coordinated efforts for
awareness raising among and inside the institutions and Member States in order to improve the visibility of
the possibilities to use EGTCs as an optional instrument available for territorial cooperation in all EU policy
areas.
In this context, the European Parliament, the Council and the Commission invite Member States in
particular to undertake appropriate actions of coordination and communication among national authorities
and between authorities of different Member States in order to ensure clear, efficient and transparent
procedures of authorisation of new EGTCs within the time limits fixed.

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Official Journal of the European Union
20.12.2013
Joint statement of the European Parliament, the Council and the Commission relating to Article 1(9)
of the EGTC regulation
The European Parliament, the Council and the Commission agree that when applying Article 9(2)(i) of
Regulation (EU) No 1082/2006 as amended, the Member States will endeavour, when assessing the rules to
be applicable to the EGTC staff members as proposed in the draft convention, to consider the different
available employment regime options to be chosen by the EGTC, be it under private or public law.
Where employment contracts for EGTC staff members are governed by private law, Member States will also
take into account relevant EU law, such as Regulation (EC) No 593/2008 of the EP and the Council of
17 June 2008 on the law applicable to contractual obligations (Rome I), as well as the related legal practice
of the other Member States represented in the EGTC.
The European Parliament, the Council and the Commission further understand that where employment
contracts for EGTC staff members are governed by public law, national public law rules will be those of the
Member State where the respective EGTC organ is located. However, national public law rules of the
Member State where the EGTC is registered may apply as regards EGTC staff members already subject to
these rules prior to becoming an EGTC staff member.

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Union L
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Joint statement of the European Parliament, the Council and the Commission relating to the role of
the Committee of the Regions in the framework of the EGTC platform
The European Parliament, the Council and the Commission take note of the valuable work carried out by
the Committee of the Regions in the framework of the EGTC Platform overseen by it and encourage the
Committee of the Regions to further track the activities of existing EGTCs and those in the process of being
set up, organise an exchange of best practice and identify common issues.

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Document Outline

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