European Grouping of Territorial Cooperation Ministry of Foreign Affairs of the Republic of Poland European Policy Department Polish law and experience

European Grouping of Territorial Cooperation

Ministry of Foreign Affairs of the Republic of PolandEuropean Policy Department

Polish law and experience

Applicable Law

• Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European grouping of territorial cooperation

• Act of 7 November 2008 on a European grouping of territorial cooperation (Dz.U.08.218.1390), entered into force on 9 January 2009

• Regulation of the Minister of Foreign Affairs of 17 July 2009 on the method of running the register of the European groupings of territorial cooperation (Dz.U.09.105.875), entered into force on 9 July 2009

All rights reserved.Ministry of Foreign Affairs, Republic of PolandEuropean Policy Department

Members of the EGTC according to the Act of 2008

• The Republic of Poland – by means of a resolution

• Territorial self-governmental units (i.e. municipalities, counties and voivodeships) – by means of a resolution

• Bodies governed by public law – by means of a decision


Accessing EGTC by the Republic of Poland


Resolution of the Council of Ministers

Designs a competent minister for representing

PL in the grouping

Accessing the grouping

Accessing EGTC by other public bodies

Territorial self-governmental unit

• Resolution adopted by its decision-making authority

• By absolute majority of its statutory members

• Documents in foreign languages shall be annexed with their certified translation into Polish

The minister competent for foreign affairs

• Decision taken in agreement with:• The minister

competent for interior affairs

• The minister competent for public finance

• The minister competent for issues of regional development

• Within three months

Approval

• Resolution of territorial self-governmental unit enters into force

• The grouping is entered into the register of EGTC and acquires legal personality


The register of EGTCs


• Run by the Minister of Foreign Affairs

• Entry of data, changes and deleting of data by means of decision

• Established in the Regulation of 17 July 2009

Polish solutions to the alternatives in the Regulation (EC) 1082/2006

Reg (EC) 1082/2006[Art. 7 para. 3]

Without financial contribution from the EU tasks may be limited, safe for activities listed in Art. 6 Reg (EC) 1080/2006

[Art. 12 para. 2, 2nd sentence]

‘(…) members shall be liable for the EGTC's debts whatever their nature (…), unless the national law under which a

member is formed excludes or limits the liability of that member’

[Art. 13]Activities in contravention of public interest - State authority

prohibits that activity on its territory or requires its members to withdraw from the EGTC

Act of 2008 on an EGTC[Art. 16]

If no financial contribution from the EU – only activities listed in Art. 6 Reg (EC) 1080/2006

[Art. 19]

State Treasury not responsible for obligations of EGTCs when the Republic of Poland is a member

Other public bodies not responsible for obligations of EGTCs when they are members

[Art. 21]Registered office within the Polish territory – the minister competent for foreign affairs as a supervisory authority

deletes the EGTC from the registerRegistered office outside the Polish territory – approving

decision is repealed


Polish experiences:EGTC TRITIA Ltd.

• Currently awaiting registration, the Minister of Foreign Affairs issued a decision of approval in October 2012

• Registered office in Cieszyn (PL)

• Three States: Poland, Czech Republic and Slovakia

• Two Polish regions: Silesian and Opole Voivodeships

• Cooperation with respect to transport and infrastructure, economy, tourism and energy and environment


Source: http://www.interact-eu.net/downloads/4529/Presentation_EGTC_Tritia_Hynek_B%25C3%25B6hm.pdf

Polish experiences: CETC-EGTC Ltd.

• CETC-EGTC currently awaiting approval

• Based on an initiative Central European Transport Corridor (CETC-Route65) from 2004 that was started by 6 States and comprises 17 regions, including four Polish voivodeships: West Pomeranian, Lubuskie, Lower Silesian, Opole

• The CETC-EGTC aims to support and promote multimodal transport accessibility from Baltic to Adriatic Seas as well as to develop economic cooperation

• Two Polish regions: West Pomeranian and Lubuskie have applied for accession, among 6 regions from Poland, Hungary and Sweden; and with Lower Silesian and Opole districts as associated members

• Regions from Croatia (as a non-EU Member State) have an observer status

• Registered office to be based in Szczecin (PL)


Source: http://cetc.pl/

Polish experiences:EGTC TATRY Ltd.

• Currently after consultations with other competent Ministers, suggestions for improvement of the statutory documents were sent

• Based on an initiative called Euroregion ‘Tatry’

• EGTC TATRY created by two States: Poland and Slovakia

• Comprises of two associations, not singular units (see Art. 3 para. 1 in fine)

• Aims at improving legal and substantial organisation of the cross-border cooperation between Poland and Slovakia in the region of Tatra Mountains

• Registered office to be based in Nowy Targ (PL)


Source: http://www.euroregion-tatry.eu

EGTCs under preparation with involvement of Polish public bodies

• 3 EGTCs currently in preparation, no official applications received by the MFA of Poland

• 16 Polish territorial self-governmental units or associations are involved in the process

• All regions participating in the process of creating the EGTCs are from 7 European States, including Poland

• Out of them one to be possibly based in Poland


Thank you for your attention

Janusz Styczek

Deputy Director of the European Policy Department Ministry of Foreign Affairs of the Republic of Poland
