Law of 26 November 2009, implementing Regulation (EC) No 148/2009 1082/2006 of the European Parliament and of the Council of the European Union of 5 July 2006 concerning a European grouping of territorial cooperation (EGTC) (PbEU L 210) (EGTC Implementing Act)
We Beatrix, at the grace of Gods, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
Allen, who will see or hear these reading, saluut! to know:
As We have considered, it is desirable to adopt legal provisions implementing Regulation (EC) No 3248C (2). 1082/2006 of the European Parliament and of the Council of the European Union of 5 July 2006 concerning a European grouping of territorial cooperation (EGTC) (PbEU L 210);
It is the view that we, the Council of State, and General consultations of the States-General, have been approved and understood to be the same as:
In this law and its 'Based provisions' shall mean:
a. Our Minister: Our Minister of Internal Affairs and Kingdom Relations;
b. Regulation: regulation (EC) 1082/2006 of the European Parliament and of the Council of the European Union of 5 July 2006 concerning a European grouping of territorial cooperation (EGTC) (PbEU L 210);
c. EGTC: European grouping for territorial cooperation as referred to in Article 1 of the Regulation.
1 Our Minister decides on the consent to the investee as referred to in Article 4, third paragraph, of the regulation. Section 10.2.1 of the General Administrative Law Act does not apply.
2 Our Minister decides on the approval of the amendment to the agreement and the substantial amendment to the Statutes referred to in Article 4, sixth paragraph, of the Regulation.
3 A decision as referred to in the first member,
a. on the participation of a watership, is taken after consultation with Our Minister of Transport and Water State;
b. on the participation of an institution governed by public law as provided for in Article 3 (1) of the Regulation, first paragraph, of the Regulation, after consultation with Our Minister (s).
4 A decision as referred to in the second paragraph,
a. in case a watership is a member of the EGTC, taken after consultation with Our Minister of Transport and Water State;
b. in case a public body as referred to in Article 3, first paragraph, part d, of the Regulation becomes a member of the EGTC, it shall be taken after consultation with Our Minister (s), who shall enter into it.
1 Of a decision to participate in an EGTC by the State, is communicated by Our Minister concerned to the two Chambers of the States-General. Article 34, first to third member, of the 2001 Comptability Act is applicable mutatis mutandis. If, within 30 days of the written communication or within 14 days of providing further information, one of the two Chambers considers that the proposed membership of the EGTC is not desirable, it shall be waived by the Commission, if its opinion is not appropriate. Membership of the State.
2 On a Decision of Degraded States or the College of Mayor and Aldermen to Join the State province or the municipality of an EGTC is article 158, second member, of the Provinciewet, href=" /jci1.3 :c:BWBR0005416&item=160 &g=2016-07-18&z=2016-07-18"> the Municipal Law section of the same application.
To execute article 5, the last sentence of the Regulation, the Dutch members of an EGTC with a registered office outside the Netherlands. Our Minister is informed of the agreement and the registration or publication of the Statutes.
The liability of a The Dutch member of an EGTC for the debts of the EGTC of which it is a member shall not be excluded or limited, unless otherwise provided in the EGTC's statutes.
This chapter applies to an EGTC with a registered office in the Netherlands.
1 Our Minister decides to publish the Statutes referred to in Article 9 of the Regulation, of an EGTC which has its registered office in the Netherlands after its creation unless
a. of one or more candidate members is missing the agreement of the Member State concerned referred to in Article 4 (3) of the Regulation;
b. the candidate members are not satisfied by Article 4, fifth paragraph, of the Regulation;
c. the agreement and the statutes depart from the terms of the draft annexed to the notification provided for in Article 4 (1) of the Regulation. 4, second paragraph, of the Regulation, and not all the Member States concerned have agreed with that substantive derogation.
2 Disclosure shall be made by a notice in the Official Journal of the place where the Statutes are made available for inspection.
3 The The disclosure, referred to in paragraph 2, shall constitute the publication provided for in Article 5 (1) of the Regulation, where the EGTC obtains legal personality.
1 A body of an EGTC is:
a. a governing body as referred to in Article 1:1, first paragraph, part a, of the General Administrative Law Act;
b. a public body as referred to in Article 1 (b) of the Archives Act 1995.
2 An EGTC is a public service within the meaning of Article 1, second paragraph, of the Civil Service Act.
An EGTC is a legal entity. as regards power law, equal to a natural person, except that an EGTC does not make distributions to its members, except in the case of dissolution in accordance with the Statute.
Include the statutes next to the the subject matter referred to in Article 9, second paragraph, of the Regulation, also referred to as:
a. the termination of membership and the liability of former members for debts of the EGTC after termination of membership;
b. the method of winding up, the liquidation upon dissolution and the appointment of a liquidator.
1 The EGTC lays down authentic copies of the founding agreement and its bylaws at the margins of the Chamber of Commerce.
2 The EGTC lays down an authentic copy of the change and its modified founding agreement and bylaws at the margins of the Room.
1 As the competent authority as referred to in Article 6, first paragraph, of the Regulation, is designated: Our Minister.
2 An EGTC shall draw up an annual report by 1 July each year. The annual report shall describe the pursuit of tasks and the policies pursued. The annual report shall be forwarded to Our Minister.
3 Teequal to the annual report, the EGTC shall present the financial statements to Our Minister. in.
4 The decision to determine the annual accounts requires the approval of Our Minister.
5 The approval can be remembered for violation of law or public interest.
1 The financial statements of the EGTC, which take into account and account for the financial management and the delivered performance over the financial year, is furnished as much as possibly with corresponding application of Title 9 of Book 2 of the Civil Code.
2 The annual accounts shall be accompanied by a statement of fidelity issued by an auditor designated by the EGTC as referred to in article 393, first member, of Book 2 of the Civil Code. The appointed auditor will provide our Minister with an insight into the audit work.
3 The statement referred to in paragraph 2 shall refer to the legitimate collection and use of the funds by an EGTC.
4 The auditor adds to the statement, referred to in the second member, a report of its findings on the question of whether the management and organization of An EGTC meets the requirements of efficiency.
Our Minister is of its own motion or on Request of a competent authority with a legitimate interest, within the meaning of Article 14, first paragraph, of the Regulation to order the dissolution within the meaning of Article 14 (1) of the Regulation.
1 An EGTC is dissolved:
a. under the conditions set out in the agreement;
b. with the application of Article 14 of the Regulation;
c. after declaration of bankruptcy by either the liquidation of bankruptcy, or insolvency.
2 The court declares at the request of the meeting, referred to in Article 10, first paragraph, part a, of the ordination, the director or a interested party, whether and at what point in time the EGTC has been dissolved in the event that the agreement enters into an event the dissolution of which is not a decision or a dissolution-oriented action. The decision is binding for each one. The statement issued in force, containing the statement, shall be entered in the register provided for in Article 11by the Registrar's concern and forwarded to our Minister.
3 To Our Minister and the Registry referred to in Article 11, is being terminated from the dissolution:
a. in the case referred to in paragraph 1 (a) by the liquidator, if it is there and otherwise by the Director;
b. in the case referred to in paragraph 1 (b), by the Registrar of the court in question, and the Registrar of the court in question (s)
c. in the case referred to in subparagraph (c) of the first paragraph, by the bankruptcy operator.
4 Article 19, fourth to seventh member, of Book 2 of the Civil Society Code shall apply mutatis mutandis in the event of the dissolution of an EGTC.
1 With the verification of compliance with this law and the ordination are in charge of the persons designated by the decision of Our Minister.
2 Of a decision referred to in paragraph 1 is communicated by placement in the State Gazette.
Our Minister can set rules on the control provided for in Article 6, second paragraph, of the Regulation by another Member State of the European Union in respect of acts of an EGTC with a registered office in the Netherlands in the territory of that Member State. Our Minister, for the benefit of such control, is to cooperate with us. The exchange of personal data is permitted.
Our Minister is empowered to prohibit the activities of an EGTC in Dutch territory or require Dutch members of an EGTC to withdraw from the EGTC in accordance with Article 13 of the Regulation. Our Minister is empowered to impose a charge under administrative constraints in order to enforce this prohibition or this requirement.
The member assembly of the EGTC to provide, with a registered office in the Netherlands, grants for the performance of the tasks specified in the agreement referred to in Article 8, second paragraph, of the Regulation in the context of European territorial cooperation to be carried out in the context of the co-financed by the European Union or by bodies of one or more Member States. Our Minister in this regard may lay down detailed rules on the exercise of this competence.
This law will enter into force with entry of the day from the day of issue of the Official Gazette, in which it is placed.
This law is quoted as: Implement the EGTC Regulation.
Order and recommend that it be placed in the Official Gazette and that all ministries, authorities, colleges and public servants who so far as to do so hand out the exact execution will hold.
' s-Gravenhage, 26 November 2009
The Minister of Home Affairs and Kingdom Relations,
G. ter HorstIssued the 8th December 2009
The Minister of Justice,
E. M. H. Hirsch Ballin