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Decree No. 2014-582 3 June 2014 On The Publication Of Protocol No. 3 To The European Outline Convention On Transfrontier Co-Operation Between Local Or Territorial Authorities Concerning Euroregional Co-Operation Groupings...

Original Language Title: Décret n° 2014-582 du 3 juin 2014 portant publication du protocole n° 3 à la convention-cadre européenne sur la coopération transfrontalière des collectivités ou autorités territoriales relatif aux groupements eurorégionaux de coopération ...

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BUSINESS , INTERNATIONAL AGREEMENT , MULTILATERAL AGREEMENT , TRANSBOUNDARY COOPERATION , EUROPEAN FRAMEWORK CONVENTION , PROTOCOLE No. 3 , APPROBATION , GROUPEMENT EUROREGIONAL DE COOPERATION , GEC , AUTORITE TERRITORIALE


JORF n°0130 of 6 June 2014 page 9503
text No. 3



Decree No. 2014-582 of 3 June 2014 on the publication of Protocol No. 3 to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities or Authorities on Euroregional Cooperation Groups (GEC), signed at Utrecht on 16 November 2009 (1)

NOR: MAEJ1411381D ELI: https://www.legifrance.gouv.fr/eli/decret/2014/6/3/MAEJ1411381D/jo/texte
Alias: https://www.legifrance.gouv.fr/eli/decret/2014/6/3/2014-582/jo/texte


President of the Republic,
On the report of the Prime Minister and the Minister for Foreign Affairs and International Development,
Considering the Constitution, in particular articles 52 to 55;
Vu la Act No. 2012-1471 of 28 December 2012 authorizing the approval of Protocol No. 3 to the European Framework Convention on Cross-Border Cooperation of Local Authorities or Authorities on Euroregional Cooperation Groups (GEC);
Vu le Decree No. 53-192 of 14 March 1953 amended on the ratification and publication of international commitments undertaken by France;
Vu le Decree No. 2000-25 of 7 January 2000 issuing the additional protocol to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities or Authorities (all three statements), made in Strasbourg on 9 November 1995;
Vu le Decree No. 2007-1183 of 2 August 2007 issuing Protocol No. 2 to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities or Authorities on Inter-Territorial Cooperation, done at Strasbourg on 5 May 1998,
Decrete:

Article 1 Learn more about this article...


Protocol No. 3 to the European Framework Convention on Cross-Border Cooperation of Local Authorities or Authorities on Euroregional Cooperation Groups (GEC), signed in Utrecht on 16 November 2009, will be published in the Official Journal of the French Republic.

Article 2


The Prime Minister and the Minister for Foreign Affairs and International Development are responsible, each with respect to him, for the execution of this decree, which will be published in the Official Journal of the French Republic.



P R O T O C O L E No. 3


TO THE EUROPEAN FRAMEWORK CONVENTION ON TRANSBOUNDARY COOPERATION OF COLLECTIVITIES OR TERRITORAL AUTHORITIES RELATING TO EUROPEAN COOPERATION GROUPS (GEC)


PREAMBULE


Member States of the Council of Europe, signatories to this Protocol No. 3 to the European Framework Convention on Cross-Border Cooperation of Territorial Authorities (STE No. 106),
Desirous of facilitating the cooperation of territorial authorities or authorities of separate States, in accordance with the political and administrative structures of States, and their international commitments;
Decided to complement the legal framework offered by the European Framework Convention on Cross-Border Cooperation of Local Authorities and its Protocols of 9 November 1995 (STE No. 159) and 5 May 1998 (STE No. 169);
Considering the Declaration of the Third Summit of Heads of State and Government of the Council of Europe (Varsovia, 16 and 17 May 2005) and the Plan of Action adopted at the Summit, which provides for the "development of cross-border cooperation as necessary";
Aware of the difference between States in the political and administrative organization of local authorities and authorities;
Desirous of preventing the difficulties that might arise from the diversity of these national legislations in the area of cross-border or inter-territorial cooperation;
Wishing to meet the needs of member States that are committed to better harmonize their national legislation;
Aware that, for a number of Member States, it is possible that a framework legislation is sufficient, in particular taking into account the current state of their national legislation, which incorporates the relevant provisions of Community law adopted by the competent institutions of the European Union,
The following agreed:


Part I
Article 1
Euroregional cooperation groups (GEC)


1. A cross-border or inter-territorial cooperation body between territorial authorities or authorities and other bodies referred to in Article 3, paragraph 1, may be established in the form of a "Euroregional Cooperation Group" (GEC), in the territory of the States members of the Council of Europe, Parties to this Protocol, on the terms and conditions of this Protocol.
2. The objective of the CGE is to promote, support and develop, for the benefit of the people, cross-border and inter-territorial cooperation among its members, in their areas of common competence and in accordance with the competences established by the national legislation of the States concerned.


Article 2
Legal personality, legal capacity and applicable law


1. The ECG has legal personality. It is governed by the law of the Party, Member State of the Council of Europe, in which it has its seat.
2. The GEC has the broadest legal capacity recognized to legal persons by the national legislation of the State in which it is established.
3. The law applicable to the legal person chosen for the CGE by the members is specified in the agreement establishing the CGE, without prejudice to the provisions of this Protocol or any other special provision adopted by the Parties in accordance with Article 13.
4. The OCI has the right to have its own budget and the power to administer it.
5. The CGE may enter into contracts, recruit staff, acquire furniture and real estate, and prosecute.


Article 3
Composition


1. The CGE consists of territorial authorities or authorities of the Parties. It may also include the member states of the Council of Europe, which are the responsibility of the local authorities or authorities concerned. Can also be a member of any establishment with a legal personality created to specifically meet the general interest needs of a non-industrial or commercial nature, including:
- the activity is financed by the majority by the State, local authorities or authorities, or such institutions;
either management is controlled by the latter;
- either the body of administration, direction or supervision is composed of members of which more than half are designated by the State, local authorities or authorities, or such institutions.
Physical individuals cannot be members of a CCG.
2. The territorial authorities or authorities of a State not Party to this Protocol, which has a common border with a Party that is or will become the State of headquarters of the CGE, may participate in the establishment of a CCG or become members of the CCG if an agreement between these two States permits, without prejudice to the provisions of this Protocol.
3. The territorial authorities or authorities of the Parties hold a majority of the votes in the CGE.


Article 4
Establishment of a GEC


1. The ECG is established by a written agreement between its founding members.
2. Potential members are required to produce all necessary documents certifying that mandatory procedures or formalities under the applicable national legislation have been complied with. These documents will be annexed to the agreement.
3. This agreement will specify – in addition to the membership list – the name and location of the seat, the duration, purpose and missions of the CCG, as well as its geographic scope. The name of a CCG whose members have limited responsibility will include the word "limited".
4. Before entering into an agreement to establish or join a CCG, local authorities or authorities shall inform or notify their national authorities of their intention, or obtain their authorization, if any.
5. This authorization may be denied where participation in the CGE violates this Protocol or the provisions of national law, including with respect to the powers and responsibilities of potential members, or where such participation is not justified in the general interest or in the public order of the Party concerned. In this case, the Party shall give reasons for its refusal.
6. Each State may, in a declaration filed at the time of ratification or at any other time thereafter, waive the obligation relating to the information, notification or authorization provided for in paragraph 4, in general or for certain categories of territorial authorities or authorities, or for certain types of cooperation.
7. This agreement is registered or published in the State where the ECG has its headquarters as well as in all States whose members are responsible, in accordance with applicable national legislation.
8. Community or territorial authorities members of the CGE inform their national authorities of the official constitution of the CGE.
9. The agreement is written in the language(s) of the State where the GEC has its seat and in the languages of the members, all versions equally authentic.


Article 5
Statutes


1. The CCG statutes are an integral part of the agreement establishing it.
2. The statutes are written in the language(s) of the State in which the GEC has its seat and in the language(s) of the members, all versions equally authentic, read may indicate the language(s) to be considered as the language(s) of work.
3. In addition to the mandatory mentions of the agreement, the statutes contain rules relating to the composition of the CCG, the withdrawal of members and the dissolution of the CCG, with the legal consequences it entails, as well as its functioning, its organs and their competence, personnel, budgets and finances, accountability, accountability and transparency, without prejudice to the provisions of this Protocol and in accordance with the applicable law.


Article 6
Amendments to the agreement and the statutes


Any amendment to the agreement referred to in Article 4 and any substantial amendment to the statutes referred to in Article 5 shall be adopted according to the same procedure and the same form provided for in these Articles respectively. Substantial amendments to the statutes are those that involve, directly or indirectly, a modification of the agreement. The majority required for the adoption of any such amendment shall be fixed in the statutes.


Article 7
Missions and field of action


1. The CGE fulfills the mandates entrusted to it by its members. These missions must be consistent with the competences vested in members under their respective national legislation and must be listed in the agreement and in the statutes.
2. The CGE adopts decisions and ensures their implementation with regard to natural persons and legal persons under the jurisdiction of the States whose members are responsible and in their interest. Members shall adopt or facilitate all necessary measures within their competence to ensure the implementation of the decisions of the CGE.
3. The mission entrusted to a CGE does not concern the exercise of regulatory powers. The CCG may not have jurisdiction to take measures that may affect the rights and freedoms of individuals or to decide on tax-related levies.
4. The CCG may not exercise the competence of the territorial authorities or authorities as agents of the State of which they are responsible, except where duly authorized by the latter. It may exercise the competences entrusted to it by the member States of the CGE.


Article 8
Duration


1. The ECG is created for a specified or indeterminate duration, which will be specified in the agreement and the statutes.
2. The ECG is dissolved ipso facto when the duration for which it was created expires or if the territorial authorities or authorities no longer represent the majority of the members. It can also be dissolved by unanimous decision of its members.


Article 9
Responsibilities


1. The CCG – or, where its assets are insufficient, its members taken jointly – is responsible for its actions against third parties, including its debts, of any kind, even if these acts do not fall within its remit.
2. The CCG is responsible for any violation of the law to which it is subject.
3. ECG bodies are responsible to the ECG for any violation of the law committed in the performance of their duties.
4. If the responsibility of a member of the CGE is limited due to the national law to which it is subject, the other members are also entitled to limit their liability in the statutes.
5. The State in which a CGE intends to establish its headquarters may object to the registration of this CCG or to the publication of its notice of incorporation if one or more of the potential members enjoy limited liability.


Article 10
Settlement of disputes


1. In the event of a dispute between the GEC and its members, the competent courts are those of the State where the GEC has its seat.
2. In the event of a dispute between the GEC and a third party, the competent courts are those of the State in which the third party actually resides or, in the case of a legal person, those of the State in which is located one of the institutions in which it operates, provided that these States are members of the Council of Europe.
3. Notwithstanding the provisions of paragraph 2, a CGE, territorial authorities or authorities, other public or private legal entities concerned and third parties may enter into an arbitration agreement. Where a third party does not reside or has its seat in the territory of a Member State of the Council of Europe, the CGE is required to enter into an arbitration agreement covering all activities it carries out with that Party.
4. Third parties shall maintain, with respect to the territorial authorities or authorities for which the CGE carries out certain tasks, all the rights to which it would enjoy if these tasks were not performed by the CGE.
5. In all cases, the rights of natural and legal persons include the right to appeal to all competent bodies and tribunals, including the right to access services in their own language and the right to access information.


Article 11
Administrative and judicial oversight and oversight


1. The decisions and actions of the CCG are subject to administrative and judicial oversight and control of legality identical to those applicable to decisions and acts of territorial authorities or authorities in the State where the CCG has its seat.
2. The CGE is required to respond to requests for information from the authorities of the States to which the territorial authorities or authorities belong. The control authorities of the Parties shall endeavour to establish appropriate means of coordination and information.
3. Decisions and acts of territorial authorities and other institutions of public and private law are subject to administrative and judicial oversight and control of legality that apply to the acts of territorial authorities or authorities and other institutions of public law in the forms provided for in the States under the said authorities.
4. Where an activity of a CCG is contrary to the provisions relating to public order, public safety, public health or public morals of the States to which its members belong, or an activity contrary to the public interest of the said States, the competent authority or body of those States may prohibit this activity in its territory or require that members who fall within its jurisdiction withdraw from the CCG, unless the latter activity is terminated. Such prohibitions should not constitute a means of arbitrarily restricting or disguised cooperation among members. A judicial authority may review the decision of the competent authority or body.
5. Notwithstanding the rules on the dissolution of the CCG provided for in this Protocol and the statutes, upon request of a competent authority with a legitimate interest, the jurisdiction or competent authority of the Party in which the CGE has its seat may order its dissolution, where it finds that the CGE acts outside the missions entrusted to it. The jurisdiction or competent authority may grant the ECG a time limit to correct the situation. If the ECG fails within the time limit, dissolution may be pronounced.


Article 12
Financial audit


1. The management and budgetary execution of the CGE is subject to a financial audit in accordance with the national legislation of the Party in which it has its headquarters. The State shall promptly inform the other States which are under the responsibility of the local authorities or authorities members of the GEC of the results of the audit and the measures taken with regard to the GEC.
2. Any other State involved, either by direct participation in a CGE, or by the participation of its territorial authorities or other legal persons referred to in Article 3, paragraph 1, may, on its territory only and in accordance with applicable national law, conduct a financial audit of the CGE. The GEC and the State (States) which the members report are previously informed.


Part II
Article 13
Implementation of the Protocol


1. Parties shall take the necessary legislative, administrative or other measures to ensure the implementation of the provisions of Part I.
2. To facilitate the implementation of this Protocol, an annex containing more detailed, but optional provisions for the establishment and operation of CCGs will be established. Parties wishing to introduce in their national legislation all or part of the provisions of the Schedule may do so by following appropriate legislative and constitutional procedures.
3. The provisions of the Annex may be reproduced in the state or adapted to meet the needs of the Parties concerned.
4. Parties may declare that the provisions of the Annex, once introduced in their domestic legal order, are the implementation provisions referred to in paragraph 1.
5. The provisions of the Schedule do not constitute a genuine interpretation of the provisions of Part I.
6. The provisions of the annex shall be prepared by the Council of Europe and annexed to this Protocol upon approval by the Committee of Ministers.


Article 14
Information


1. Parties shall inform their local authorities or authorities of the measures taken to ensure the implementation of this Protocol.
2. The Parties shall notify the Secretary General of the Council of Europe of the measures taken to ensure the implementation of this Protocol.
3. The Parties shall provide the Secretary General of the Council of Europe with all appropriate information on the WGs established under this Protocol.


Article 15
Applicability of other treaties


This Protocol does not affect the applicability of existing treaties between Parties in the area of cross-border or inter-territorial cooperation or the possibility for Parties wishing to conclude new treaties on this matter.


Article 16
Scope


1. Each State shall designate, in a declaration filed with the Secretary General of the Council of Europe, at the time of ratification, acceptance, approval or accession, the categories of territorial authorities or authorities, and of legal persons referred to in Article 3, paragraph 1, which it considers to exclude from the scope of this Protocol.
2. For the purpose of the application of this Protocol, autonomous public authorities or authorities invested in a specific legislative authority under the national legislation of the Party to which they are subject shall be deemed to be "territorial authorities or authorities", without prejudice to the provisions of paragraph 1.
3. Any declaration made under paragraph 1 may be amended by means of a notification addressed to the Secretary General. This notification will take effect on the date of its receipt.


Article 17
Reservations


No reservation to this Protocol is permitted.


Article 18
Terms and definitions


The terms and definitions used in this Protocol have the same meaning and purpose as in the European Framework Convention on Cross-Border Cooperation of Territorial Authorities and in the Additional Protocol and Protocol No. 2 to that Protocol.


Part III
Article 19
Signature and entry into force of the Protocol


1. This Protocol is open for signature by States signatories to the European Framework Convention on Cross-Border Cooperation of Territorial Communities or Authorities. It will be subject to ratification, acceptance and approval. A signatory State may not ratify, accept or approve this Protocol without having previously or simultaneously ratified, accepted or approved the Framework Convention. Instruments of ratification, acceptance or approval will be deposited with the Secretary General of the Council of Europe.
2. This Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of the fourth instrument of ratification, acceptance or approval.
3. For any signatory State that subsequently expresses its consent to be bound by the Protocol, the Protocol shall enter into force on the first day of the month following the expiration of a period of three months after the date of deposit of its instrument of ratification, acceptance or approval.


Rule 20
Access


1. After the entry into force of this Protocol, any State that has acceded to the Framework Convention may also accede to this Protocol.
2. The accession shall be effected by the deposit, near the Secretary General of the Council of Europe, of an instrument of accession which shall take effect on the first day of the month following the expiration of a period of three months after the date of its deposit.


Article 21
Denunciation


1. Any Party may denounce this Protocol at any time by sending a notification to the Secretary General of the Council of Europe. This denunciation shall take effect on the first day of the month following the expiration of a period of six months after the date of receipt of the notification by the Secretary General.
2. If this Protocol is denounced, the legal personality and capacity of the CCG constituted prior to denunciation are not affected.


Article 22
Notifications


The Secretary General of the Council of Europe shall notify the States members of the Council of Europe and any other State that has acceded to the Protocol:
(a) any signature;
(b) the deposit of any instrument of ratification, acceptance, approval, or accession;
(c) any effective date of this Protocol in accordance with Articles 19 and 20;
(d) any domestic legislation to implement the provisions of this Protocol pursuant to Article 13, paragraph 1;
(e) the adoption of the annex or parts thereof by the Committee of Ministers of the Council of Europe;
(f) any declaration received pursuant to the provisions of Article 4, paragraph 6, Article 13, paragraph 4, and Article 16, paragraphs 1 and 3, or any notification of modification of that declaration;
(g) any other act, notification or communication relating to this Protocol.
Done at Utrecht, November 16, 2009.


Done on 3 June 2014.


François Hollande


By the President of the Republic:


The Prime Minister,

Manuel Valls

Minister for Foreign Affairs

and International Development,

Laurent Fabius


Le Directeur du Conseil juridique

and International Law

public (jurisconsulte)

Council of Europe:

Manuel Lezertua

(1) This Agreement entered into force on 1 May 2013.
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