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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 .

This law has been repealed by L 20.11.2015/1340 , which is valid from 1 December 2015.

In accordance with the decision of the Parliament:

Chapter 1

General provisions

ARTICLE 1
Purpose of the law

Regulation (EC) No 1082/2006 of the European Parliament and of the Council of the European Parliament and of the Council on the European grouping of territorial cooperation (EGTC) shall apply to the European grouping of territorial cooperation (EGTC), hereinafter referred to as: Group regulation And the additional provisions of this Act.

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

Article 6 of Regulation (EC) No 1080/2006 of the European Parliament and of the Council of the European Parliament and of the Council on the European Regional Development Fund co-financed by the European Community and repealing Regulation (EC) No 1783/1999 To the implementation of programmes and projects involving operators from at least two Member States of the European Union.

Without European Community funding, the group may only be entrusted with the cooperation tasks referred to in Article 6 of the Regulation referred to in Article 6 of that Regulation.

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 its members.

§ 4
Membership membership

State of Finland, Province of Åland, Municipality of Åland, Municipality of Åland, (348/2007) The public body referred to in paragraph 1 (4) may be a member of a Finnish and foreign group, as provided for in this law or elsewhere in the law of Finland or of the European Community.

The eligibility of the other Member State of the European Union and its Community for a Finnish group shall be governed by the law of the European Community and by the law of the Member State in which the entity is domiciled.

Chapter 2

Accession to the group

§ 5
Notice of accession and modification

The Community shall notify the Ministry of Employment and the Economy of accession to the Finnish or foreign consortium.

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; and

3) a Community decision on accession and a Community decision approving the draft agreement and the Statute.

The Ministry of Employment and the Economy shall also be informed of the modification of the contract and of any significant changes to its 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 Significant changes are accepted, doing 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 group's tasks are in accordance with Article 3; and

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

Chapter 3

Registration and legal effects of Finnish grouping

§ 7
Registration authority

The competent authority for the registration of a Finnish group is the Patents and Registration Board.

§ 8
Registration declaration

For the purposes of registration, the members of the group shall submit to the Patents and Registration Government in Finnish or Swedish:

1) an application for registration of the group;

2) the contract and the statutes of the group;

3) information on the members of the group;

(4) the decisions of the competent authorities to approve the accession of the members; and

(5) the full name, address, home and personal identification number of the designers of the group or, if the name is not recognised by the signatory, the date of birth.

§ 9
Decision on registration

The Board of Patents and Registration shall take a decision on the registration of the group and its amendments, unless there is an obstacle to registration. The registration shall be subject to the law (503/1989) chapter 9 Provides for the registration of the association in the register of associations.

A band whose members' liability for the debts of the group is limited shall not be registered in Finland.

A fee shall be charged for the registration of the band and related changes separately.

The decision of the Patents and Registration Board for the registration of the band is appealed against, as is the case under the Law on the Government of the Patent and Registration (175/1992) Provides. (31.1.2013/137)

ARTICLE 10
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.

Chapter 4

Activities of the Finnish group

ARTICLE 11
Applicable provisions

In the context of the operation of the European territorial cooperation objective, the management and certifying authorities of the programme shall be entrusted with the tasks and powers of the Group, which shall apply to the Structural Funds. (1401/2006) Provides for the functions and powers of the governing authority of the province.

The decision of the group acting as the administrative and certifying authority is to be appealed to the administrative court, as in the case of the administrative law; (18/06/1996) Provides.

The members of the group employed and members of its institutions shall be subject to criminal law provisions and to the (1999) Provisions on the liability of a public body and an official. The operation of the group shall also apply to the administrative law (2003) , language law (2003) And the law on public authorities' activities (18/09/1999) Provides. In addition, the group in the Sami region must comply with the language of the Sami (1886/2003) Provides.

ARTICLE 12
Institutions

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

Save as otherwise provided for in the Statute, the General Assembly of the Group shall be subject to the provisions of Chapter 5 of the Law on Association.

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 13
Accounting and auditing

Accounting law and the content of its accounting and financial statements are subject to accounting law (136/1997) .

The audit law shall be subject to the (17/01/2015) Provisions. However, the group shall always select the auditor and submit the audit. The auditor shall be a KHT auditor or an audit firm which has to be the head auditor of the KHT auditor. (18.09.2015/1153)

L to 115/2015 (2) shall enter into force on 1 January 2016. The previous wording reads:

The audit law shall be subject to the (209/2007) Provisions. However, the group shall always select the auditor referred to in Articles 5 or 7 of that law and shall submit an audit.

Chapter 5

Outstanding provisions

ARTICLE 14
Control of management of public funds

The control of the management of public funds by the Finnish group is governed by the law of the rest of the law and by European Community law.

§ 15
Demolation and bankruptcy of the Finnish group

The demise of the Finnish group is subject to the provisions of Chapter 7 of the Act on the liquidation of the association.

If, according to its Statute, it is a government, it shall be responsible for the settlement procedure. Otherwise, the settlement procedure shall be borne by the group's General Assembly.

The members of the group shall be subject to the bankruptcy of the company.

ARTICLE 16
Prohibition of operation of the group and termination of the group

For the Finnish group, the competent authority referred to in Article 13 of the Staff Regulations is the district court of the 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 initial right of the Finnish group to the grouping shall be closed. For the rest, the winding up of the group is governed by the provisions of Chapter 8 of the Act on the abolition of the association.

§ 17
Reporting obligation of the Court

The court or tribunal shall inform the Patente and Registration Office of the liquidation of the company's assets and the closure of the bankruptcy proceedings, as well as the closure of the group's activities and the winding up of the group; and Decisions.

ARTICLE 18
Entry into force

This Act shall enter into force on 1 August 2009.

Before the law enters into force, measures may be taken to implement the law.

THEY 56/2009 , HVM 5/2009, EV 77/2009

Entry into force and application of amending acts:

31.1.2013/137:

This Act shall enter into force on 1 September 2013.

The decision of the Patents and Registration Board, concluded before the entry into force of this Act, shall be brought in accordance with the provisions in force at the time of entry into force of this Act.

Before the law enters into force, action can be taken to enforce the law.

THEY 124/2012 , LaVM 15/2012, EV 158/2012

18.09.2015/1153:

This Act shall enter into force on 1 January 2016.

THEY 254/2014 , TaVM 34/2014, EV 371/2014