Advanced Search

EETS Regulation Implementing Law

Original Language Title: Uitvoeringswet EGTS-verordening

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.

Act 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 Law-Regulation)

We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.

All of them, who will see or hear these, saluut! do know:

In this regard, we have taken the view that it is desirable to adopt legal provisions for the implementation of the Regulation (EC) 1082/2006 of the European Parliament and of the Council of the European Union of 5 July 2006 on a European grouping of territorial cooperation (EGTC) (PbEU L 210);

In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:

Chapter 1. General provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 1

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of this Act and the provisions based thereon, the following definitions shall apply:

  • 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 on 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.

Chapter 2 Provisions relating to Dutch members of an EGTC

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 2

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 2 Our Minister shall decide on the approval of the amendment of the Agreement and the substantial amendment to the Statutes provided for in Article 4 (6) of the Regulation.

  • 3 A decision as referred to in the first paragraph,

    • 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 referred to in Article 3 (1) (d) of the Regulation, after consultation with Our Minister (s), who shall take part in the decision.

  • 4 A decision as referred to in the second paragraph,

    • a. is taken, in case a watership is a member of the EGTC, after consultation with our Minister of Transport and Water State;

    • b. in the case of a public body as referred to in Article 3 (d) of the Regulation, is to be a member of the EGTC, after consulting our Minister (s), who shall be responsible for the operation.


Article 3

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Of a decision to take part in an EGTC by the State, the Minister concerned shall communicate to the two Chambers of the States-General. Article 34, first to third paragraphs, of the Comptability Act 2001 shall apply 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.


Article 4

Compare Versions Save Relationships (...) (External Link) Permanent Link

For the purposes of the last sentence of Article 5, the last sentence of the Regulation, the Dutch members of an EGTC with a registered office outside the Netherlands shall inform our Minister of the agreement and the registration or publication of the Statutes.


Article 5

Compare Versions Save Relationships (...) (External Link) Permanent Link

The liability of a 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 for in the EGTC's articles of association.

Chapter 3. Provisions relating to an EGTC with a registered office in the Netherlands

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 6

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Chapter shall apply to an EGTC having its registered office in the Netherlands.


Article 7

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 Our Minister decides to publish the Statutes referred to in Article 9 of the Regulation of an EGTC which, after its establishment, has its registered office in the Netherlands, unless:

    • (a) the agreement of the Member State concerned, as provided for in Article 4 (3) of the Regulation, of one or more candidate members;

    • (b) the applicant shall not comply with Article 4 (5) of the Regulation;

    • (c) the content of the Agreement and the Articles of Association differs from the draft annexed to the notification provided for in Article 4 (2) of the Regulation, and not all the Member States concerned have consented to that substantive derogation.

  • 2 Disclosure is made by a notice in the Official Journal of the place where the Statutes are made available for inspection.

  • 3 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.


Article 8

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 9

Compare Versions Save Relationships (...) (External Link) Permanent Link

An EGTC shall be as a legal person in respect of the right of capital, 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.


Article 10

Compare Versions Save Relationships (...) (External Link) Permanent Link

The Statutes shall contain, in addition to the subjects referred to in Article 9, second paragraph, of the Regulation, and shall include a system of:

  • a. the termination of membership and the liability of the former members for the debts of the EGTC after the termination of membership;

  • b. The manner of winding up, the liquidation upon dissolution, and the appointment of a liquidator.


Article 11

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The EGTC shall deposit the authentic copies of the contract of formation and the statutes at the margins of the Chamber of Commerce.

  • 2 The EGTC shall deposit an authentic copy of the amendment and the amended set-up and articles of incorporation on the premises of the Chamber.


Article 12

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 As a competent authority as referred to in Article 6, first paragraph, of the Regulation, shall be appointed: Our Minister.

  • 2 An EGTC shall draw up an annual report by 1 July each year. The annual report shall describe the exercise of the duties and policies pursued. The annual report shall be forwarded to our Minister.

  • 3 At the same time as the annual report, the EGTC shall submit its annual accounts to our Minister.

  • 4 The decision to determine the annual accounts needs to be approved by our Minister.

  • 5 The approval may be withheld because of conflict with law or general interest.


Article 13

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The annual accounts of the EGTC, taking account of and accounting for the financial management and performance of the financial year elapsed, shall be furnished as far as possible with corresponding application of the financial management of the European Communities. Title 9 of Book 2 of the Civil Code .

  • 3 The declaration referred to in paragraph 2 shall also cover the legitimate collection and use of the funds by an EGTC.

  • 4 The auditor shall also attach to the declaration referred to in the second paragraph a report of its findings on whether the management and organisation of an EGTC meet the requirements of efficiency.


Article 14

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister, of its own motion or at the request of a competent authority having a legitimate interest, within the meaning of Article 14 (1) of the Regulation, shall be empowered to order the dissolution, within the meaning of Article 14 (1) of the Regulation.


Article 15

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 An EGTC shall be dissolved:

    • (a) under the conditions laid down in the Agreement;

    • b. with the application of Article 14 of the Regulation;

    • c. following a declaration of bankruptcy by the liquidation of bankruptcy on account of the state of the estate, or by insolvency.

  • 2 The court, at the request of the meeting referred to in Article 10, first paragraph, part a, of the regulation, the director or any interested party, or and at what point in time the EGTC has been dissolved in the case under the contraa, shall declare that the of an event means the dissolution is not a decision or a dissolution-oriented action. The decision is binding for each one. The statement made in force, containing the statement, containing the statement, shall be entered in the register by the Registrar ' s care, as referred to in Article 1 (1). Article 11 And sent to our minister.

  • 3 To Our Minister and the Registry, intended in Article 11 , it shall be terminated from dissolution:

    • a. in the case referred to in paragraph 1 (a), by the liquidator, if there is and otherwise by the Director;

    • (b) in the case referred to in paragraph 1 (b), by the Registrar of the court in question; and

    • c. in the case referred to in the first paragraph, part c, by the bankruptcy operator.

Chapter 4. Monitoring and enforcement

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 16

Compare Versions Save Relationships (...) (External Link) Permanent Link
  • 1 The supervision of compliance with this Act and the Regulation shall be entrusted to the persons designated by the decision of Our Minister.

  • 2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.


Article 17

Compare Versions Save Relationships (...) (External Link) Permanent Link

Our Minister may lay down rules on the control provided for in Article 6 (2) of the Regulation by another Member State of the European Union concerning acts of an EGTC with a registered office in the Netherlands. 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.


Article 18

Compare Versions Save Relationships (...) (External Link) Permanent Link

In accordance with Article 13 of the Regulation, our Minister has the power to prohibit the activities of an EGTC in Dutch territory or to require Dutch members of an EGTC to withdraw from the EGTC. Our Minister is empowered to impose a charge under administrative coercion to enforce this ban or this requirement.

Chapter 5. Final provisions

Compare Versions Save Relationships (...) (External Link) Permanent Link

Article 19

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Modid the Commercial Registry Act 2007.]

Article 19a

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Amendments to Law Disclosure from Public Resources financed top-income earners.]

Article 20

Compare Versions Save Relationships (...) (External Link) Permanent Link

The assembly of members of the EGTC with a registered office in the Netherlands may provide grants for the purposes of the tasks specified in the agreement referred to in Article 8, second paragraph, of the Regulation in the context of European territorial cooperation which is co-financed by the European Union or by bodies of one or more Member States. Our Minister, for whom it is concerned, may lay down detailed rules on the exercise of this power.


Article 21

Compare Versions Save Relationships (...) (External Link) Permanent Link

This Act shall enter into force from the day following the date of issuance of the Official Gazette in which it is placed.


Article 22

Compare Versions Save Relationships (...) (External Link) Permanent Link

This law is cited as: Implementing Law of the EGTC regulation.

Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.

Entry

' s-Gravenhage, 26 November 2009

Beatrix

The Minister of Home Affairs and Kingdom Relations,

G. ter Horst

Published the 8th of December 2009

The Minister of Justice,

E. M. H. Hirsch Ballin