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The Law On The European Grouping Of Territorial Cooperation

Original Language Title: Laki eurooppalaisesta alueellisen yhteistyön yhtymästä

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Law on a European grouping of territorial cooperation

See the copyright notice Conditions of use .

In accordance with the decision of the Parliament:

ARTICLE 1
Scope

The European grouping of territorial cooperation shall be governed by Regulation (EC) No 1082/2006 of the European Parliament and of the Council establishing a European grouping of territorial cooperation (EGTC), as amended by the European Regulation (EC) No 1082/2006 of the European Parliament and of the Council of the European Parliament and of the Council amending Regulation (EC) No 1082/2006 on an EGTC in order to clarify, simplify and improve the establishment and functioning of such groupings 1302/2013 ( Group regulation ), and complementary to this law.

ARTICLE 2
The band

For the purpose of this Law By joining A group established in accordance with the Regulation.

The group is Finnish, if its registered office is in Finland, and if it has its registered office in another Member State of the European Union.

ARTICLE 3
Tasks of the band

The Group of the European Parliament and of the Council of the European Parliament and of the Council laying down specific provisions for the European territorial cooperation objective co-financed by the European Union Tasks related to the implementation of the investment priorities referred to in Article 7 of Regulation (EU) No 1299/2013, involving operators from at least two Member States of the Union.

Without the financing of the European Union, the group may only be entrusted with the cooperation tasks referred to in paragraph 1.

The group shall not be entrusted with tasks other than those referred to in paragraphs 1 or 2, or tasks which do not fall within the competence of all its members.

More specific provisions may be adopted by the Government Decree on the tasks of the group.

§ 4
Membership membership

Finnish State, Province of Åland, Finnish national, regional and local authorities, Finnish public procurement law (348/2007) The other entities referred to in Article 3 (1) (d) and (f) and (f) of the Regulation may be members of a Finnish and a foreign group.

The eligibility of a Finnish group by another Member State of the European Union and from third countries or territories from the overseas countries or territories shall be governed by the laws of the European Union and the The legislation in which the Member concerned is domiciled.

Where a member of a group has limited liability for the group's obligations, the Finnish member shall also limit its liability to the group's obligations. This restriction should be recorded in the agreement. In addition, the Group shall, where required by the Ministry of Employment and the Economy, impose an acceptable security on its obligations.

The decree of the Council of State may provide for more detailed provisions concerning the security required and the associated procedure.

§ 5
Notice of accession and modification

A member of the Group shall inform the Ministry of Employment and the Economy of its accession to a Finnish or foreign group.

The notification shall be accompanied by:

(1) information on the group to which the entity intends to join;

(2) the draft agreement and the statutes in Finnish or Swedish;

(3) the decision on the accession of the Community and the adoption of a Community decision approving the draft agreement and the Statute;

(4) a report on the liability of all members of the group;

5) a description of the possible security.

The Ministry of Employment and the Economy shall also be informed of the modification of the contract and of any significant changes to the Group's statutes.

ARTICLE 6
Approval decision

The decision referred to in Article 4 (3) of the Staff Regulations approving the accession of a Finnish member to a Finnish or foreign group, as well as the decision referred to in paragraph 6 of that Article, to amend or amend the Treaty The amendments are accepted, to the Ministry of Employment and the Economy.

Accession and amendments shall be adopted if:

(1) the draft agreement and the statutes comply with the requirements laid down in the Regulation, this Act and other legislation;

2) the tasks of the group are in accordance with Article 3;

(3) there is no other obstacle to accession or changes within the meaning of Article 4 (3) of the Regulation;

(4) the group shall lodge an acceptable security in the case referred to in Article 4 (3).

§ 7
Registration and publication of documents

The Finnish company shall be registered in a Finnish register as provided for in the rest of the law.

The group shall ensure that its agreement and its statutes and the amendments adopted in accordance with Article 6 of the Ministry of Employment and the Economy are published without delay in the Official Journal. The registered group shall submit to the Committee of the Regions a request for publication in the Official Journal of the European Union in accordance with Article 5 of the Regulation.

Where the liability of the members of the Finnish group is limited, the information of the group shall be published to the extent required by the group regulation.

The decree of the Council of State may provide more detailed provisions for the publication of the Finnish group's information.

§ 8
Legal capacity and name of the band

A Finnish consortium may acquire rights and make commitments and be a party to a court or other authority after it has been registered under this law.

The term 'European Grouping of Territorial Cooperation', 'Europeisk gruptus för territoriellt samarbete' or 'EGTS' must be used in the name of the registered Finnish group.

In the name of a group whose members have limited liability, the words'limited liability' and the word 'begränsat' should be added to the Swedish name.

§ 9
Provisions applicable to the operation of the band

Within the framework of the European territorial cooperation objective, the tasks of the managing or certifying authority of the operational programmes, the tasks and powers of the group and the appeal shall be subject to the application of the regional development and the Structural Funds. The Law on the management (2011) And the Law on the Financing of Regional Development and Structural Funds projects (2014) As the managing authority and the functions and powers of the association of the province of the certifying authority.

Otherwise, the activities of the Finnish group, accounting, auditing, control, dismantling and bankruptcy of the management of public funds shall be governed by the law of the rest of the law and by European Union law.

The members of the group and members of its institutions shall be subject to the provisions relating to civil liability. Liability for damages is governed by the law on damages (1999) .

ARTICLE 10
Group of institutions

The group of institutions is laid down in Article 10 of the Regulation.

The functions, powers and responsibilities of the Head of the Group and of the other institutions shall be governed by the statutes of the Group.

ARTICLE 11
Prohibition of operation of the group and termination of the group

The competent authority referred to in Article 13 of the Staff Regulations is the district court for the Finnish group and, in the case of a foreign group, the district court of the Finnish member of the group.

In the case referred to in Article 14 of the Merger Regulation, the district court of residence of the Finnish group is determined by the district court. For the rest, the closure of the group will apply as regards the abolition of the working community in the rest of the law.

ARTICLE 12
Reporting obligation of the Court

The court or tribunal shall inform the relevant registry authority of the liquidation of the company's assets and the termination of the bankruptcy proceedings, as well as the closure of the group's activities and the winding up of the group And decisions.

ARTICLE 13
Entry into force

This Act shall enter into force on 1 December 2015.

This law repeals the law on the European grouping of territorial cooperation (554/2009) .

THEY 8/2015 , HaVM 2/2015, EV 13/2015