Royal Decree 23/2015, 23 January, That Adopting The Measures Necessary For The Implementation Of Regulation (Ec) No. 1082 / 2006 Of The European Parliament And Of The Council Of 5 July 2006 On The European Grouping For Cooperation...

Original Language Title: Real Decreto 23/2015, de 23 de enero, por el que se adoptan las medidas necesarias para la aplicación efectiva del Reglamento (CE) n.º 1082/2006 del Parlamento Europeo y del Consejo, de 5 de julio de 2006, sobre la Agrupación Europea de Cooperació...

Read the untranslated law here: https://www.global-regulation.com/law/spain/1442683/real-decreto-23-2015%252c-de-23-de-enero%252c-por-el-que-se-adoptan-las-medidas-necesarias-para-la-aplicacin-efectiva-del-reglamento-%2528ce%2529-n.-1082-2006.html

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The 17 of December 2013 was adopted the Regulation (EU) No. 1302 / 2013, of the European Parliament and of the Council of 17 December 2013, by which modifies Regulation (EC) No. 1082 / 2006 on the European grouping of Territorial Cooperation (EGTC), in what refers to the clarification, simplification and improving the creation and functioning of such groups. This new European regulation introduces a series of developments in the regulation of the EGTC recommended the publication of a new Royal Decree that will replace the former.

The adoption of Regulation (EC) No. 1082 / 2006 on the European grouping of Territorial Cooperation (EGTC), was a boost to territorial cooperation, particularly that of cross-border nature, such as another step in the path of European integration, the removal of borders and the creation of a unique space of coexistence and movement of goods, persons and services.

The regulation introduced a new figure, optional and with its own legal personality, to be the appropriate instrument for the development of activities in regime of cooperation between entities from Member States of the European Union, thus responding to the particularities of border regions and the needs of territorial or sectoral cooperation between regions or European entities at European level.

The European grouping of territorial cooperation pursues the strengthening of the economic, social and territorial cohesion since its inception and is conceived in the regulation as an instrument for the development of initiatives of territorial cooperation, already they are part-financed by the European Union, as stipulated in the Regulation (EU) No. 1303 / 2013, of the European Parliament and of the Council of 17 December 2013 which lays down common provisions on the structural funds and European investment (EIE funds), or to carry out actions of territorial cooperation by sole initiative of the Member States or their regional or local authorities without financial intervention of the European Union.

The success of this collaborative figure in recent years, has led to the expansion and deepening of its field of action, launched by the new regulation 1302 / 2013 amending Regulation 1082 / 2006 on EGTC. One of the main innovations of the new regulations is the gateway to participation in the EGTC in third-party countries and overseas territories, as well as the clarification of the criteria for bodies governed by private law may be members. The new regulation is in addition to simplify the procedure for accession of new members belonging to States members of the European Union.

The regulation 1082 / 2006 on EGTC provides that Member States shall take all appropriate measures to ensure its effective implementation, by which after its publication was approved an internal standard of a general nature that required the procedure to follow to facilitate the establishment and operation of European groupings of territorial cooperation that could be under Spanish law , or which were to join Spanish public institutions. The modification of the regulation 1082 / 2006 on EGTC, for Regulation (EU) No. 1302 / 2013 on essential aspects, leads to the adoption of a new standard containing the introduced novelties.

The regulation contained in the present Royal Decree is justified so prevalent in the State competition in the field of international relations, which empowers State institutions - in this case the Government of Spain - for organizing and coordinating activities with external relevance of the autonomous communities, as well as other territorial entities, not whether or adversely affect the direction of foreign policy , of the exclusive competence of the State, in accordance with constitutional jurisprudence. They have also, in what refers to those ends of the Royal Decree containing rules on the procedure to be followed for the establishment and operation of the aforementioned entities of territorial cooperation, consideration of the basis of the legal regime of public administrations.

In the process of elaboration of this Royal Decree have been consulted, the autonomous communities and local authorities.

By virtue, on the proposal of the Ministers of finance and public administration and Foreign Affairs and cooperation, according to the Council of State and after deliberation by the Council of Ministers at its meeting of January 23, 2015, have: article 1. Object.

The present Royal Decree aims to guarantee the effective application of Regulation (EC) No. 1082 / 2006 of the European Parliament and of the Council of 5 July on the European grouping of territorial cooperation (EGTC) as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, in what refers to the clarification simplification and improvement of such groupings.

Article 2. Nature.

European groupings of Territorial cooperation, as provided in article 1 of regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, are juridico-publicas people, consisting of entities or bodies of at least two Member States of the European Union except as provided in article 3, paragraph 2 which are intended to facilitate and promote territorial cooperation, including one or more of the forms of unilateral or multilateral cross-border, transnational and interregional cooperation, in order to strengthen the economic, social and territorial cohesion of the Union.

Article 3. Subjects.

1. the EGTC will be integrated, as provided in article 3 of regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, by members, within the limits of its competences pursuant to national law, belonging to one or more of the following categories (: a) States members of the European Union or national authorities;

b) autonomous communities;

(c) local authorities;

d) public companies for the purposes of article 2, paragraph 1 (b)) of Directive 2004/17/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of contracts in the sectors of water, energy, transport and postal services, or bodies governed by public law for the purposes of article 1.9 , second subparagraph, of Directive 2004/18/EC, the European Parliament and the Council; Directive 2004/177CE, of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works, supply and service contracts;

(e) companies that provide service activities in general in accordance with the law of the Union and national economic interest;

((f) national, regional or local authorities or bodies or public companies equivalent to those referred to in point (d)), from third countries, subject to the conditions laid down in article 3 bis of the regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council of December 17, 2013 , in regards to the clarification, simplification and improvement of such groupings.

Shall also be members associations consisting of bodies belonging to one or more of these categories.

2. the EGTC shall be made up of members located on the territory of at least two States members of the European Union. However in the terms and conditions set out in article 3 bis of the regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013 of the European Parliament and of the Council of 17 December 2013, in regards to the clarification, simplification and improvement of such groups may be made up of members located on the territory of (: a) at least two Member States and one or more neighbouring third countries of one of these States, including its outermost regions.

(b) at least two Member States, including its outermost, and one or more countries or overseas Territories regions (in later Oct), with or without members from one or more third countries.

(c) a single Member State and from one or more third countries, neighbour, including its outermost regions.

(d) a single Member State and one or more OCTs, including its outermost regions, with or without members from one or more third countries.

Article 4. Filing of the application.

(1. with prior to the creation of an EGTC, the future Spanish Member who intends to participate in it will present a request addressed to the Ministry of public administrations to the required authorization, accompanied by the following documentation: a) the text of the proposed Convention, which shall be drawn up in accordance with article 8 of Regulation (EC) No. 1082 / 2006 , on the EGTC, as amended by regulation 1302 / 2013, of the European Parliament and of the Council of December 17, 2013.

(b) the proposed statutes, which shall be prepared in accordance with article 9 of the European regulation, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, in what refers to the clarification, simplification and improvement of such groupings.
(c) where appropriate, the supporting documentation of the legal status of prospective members, as well as the possible limitation of liability.

(d) the certification proving the intention of participation of the entity concerned in the EGTC, expressed in agreement of the Council of Government of the autonomous region, the plenary session of the City Council, Board of Directors, Board of Trustees or the relevant body, shall include the accreditation of the competence in accordance with article 7 (2) of regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013 of the European Parliament and of the Council of 17 December 2013, in what regards the clarification, simplification and improvement of such groupings.

2. in the event of the accession of a Spanish Member to an already constituted EGTC, the future Member must report to the Secretary of State of public administration its intention to participate in it with the aim of proceeding at the start of the discharge procedure by submitting a request accompanied by the documents mentioned in the preceding paragraph.

Article 5. Reports.

1. once the application has been received, the Ministry of finance and public administration will request the issuance of reports by ministries by reason of the matter.

2 it will be mandatory, in all cases, the report of the Ministry of Foreign Affairs and cooperation and the Secretary of State for budgets and expenses. The latter, in addition, shall be binding with regard to the use of European funds or the General Administration of the State, their companies or public bodies or other entities of public law.

The report of the autonomous region in relation to requests for EGTC which are integrated any of the subjects referred to in article 3 of the present Royal Decree concerning its territorial scope will also mandatory.

3. the Ministry of Foreign Affairs and cooperation, upon receipt of the request for the report, inform other States affected members requests received in Spain which is planned participation in an EGTC of any entity of such States, and will transfer from the communications of the same to the remaining departments and public administrations involved.

In the case of a procedure of approval of an EGTC whose registered office in Spain with future members from one or more third countries, the Ministry of Foreign Affairs and cooperation shall ensure, in consultation with the other Member States concerned, that met the conditions of article 3 bis of regulation 1082 / 2006 on EGTC (, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, in what refers to the clarification, simplification and improvement of such groups, and that the third country has approved the participation of prospective members in accordance with: a) conditions and procedures equivalent to those set out in regulation 1082 / 2006 , on the EGTC; or (b) an agreement concluded between at least one compliant Member State whose right is established a future Member and that third country.

In the case of an EGTC whose registered office in Spain and with a future Member coming from a country or overseas territory (Oct), the Ministry of Foreign Affairs and cooperation shall seek, where appropriate, of the Member State to which the OCT is linked, written confirmation that the competent authorities have approved the participation of the future Member, in accordance with the provisions of article 4 bis of regulation 1082 / 2006 , on the EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, in what refers to the clarification, simplification and improvement of such groupings.

4 received reports requested, or passed within a month for its issuance, the Ministry of public administrations may issue observations report and propose the necessary modifications of the Convention and the statutes, in accordance with the provisions of article 4.3 of the regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013 of the European Parliament and of the Council of 17 December 2013, in what regards the clarification, simplification and improvement of such groupings.

The Ministry of finance and public administration may request information, documentation and clarifications complementary to the future members of the EGTC at any time during the procedure.

Future members of the EGTC shall coordinate and exchange information during this phase of the procedure, in order to expedite the consolidation of texts taking into account the possible observations of the various Member States.

Article 6. Exchange of information.

In application of the principle of institutional cooperation laid down in article 4.1. d) of law 30/1992, of November 26, status of public administrations and common administrative procedure, interested public administrations shall exchange information relevant to the effective exercise of the powers conferred by this rule.

For this purpose, the General Administration of the State be transferred to the autonomous communities information that is available through the Conference secretariat for issues with the European Union, and to the local authorities, through the Secretariat of the National Commission of Local Administration.

Article 7. Resolution.

1.recibidos reports referred to in the preceding article, or passed within a month unless they had evacuated, except that in the case of determining mandatory reports to the resolution of the procedure, the Ministry of public administration will formulate a proposal for a resolution.

2. in the case of reports issued in the framework of a procedure of accession of a new Spanish Member to an EGTC whose Convention had already been approved by Spain, the deadline for the evacuation of the same shall be ten days.

3. the resolution of approval of participation and the Convention corresponds to the Council of Ministers, on a proposal from the owner of the Ministry of finance and public administration, in one of the future members of the EGCC to be a State, an organ of the General Administration of the State, a public company, or a dependent of the same public law agency , or one or several autonomous communities or their dependent public bodies.

This resolution shall be the holder of the Ministry of finance and public administration in other cases.

4. the deadline for the resolution of the procedure shall be six months from the submission of a request as provided for in article 4. Expiry of this period without that judgment has been given, the request means estimated.

The estimate by positive silence will not eliminate the obligation to formally approve the agreement to allow the creation of an EGTC when registered office will be located in Spain.

5. the resolution putting an end to the procedure will approve the agreement and the participation of the Spanish Member in the proposed EGCC, or shall refuse such participation in a reasoned way, when the circumstances of article 4.3 of the Regulation (EC) 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council of December 17, 2013 , in regards to the clarification, simplification and improvement of such groupings.

6 after the period of one year from the issuance of the approval without that has been constituted the projected EGTC will be issued approval expiration.

7. in the event of the accession of a new Spanish Member to an EGTC whose Convention had already been approved by Spain, such participation will have to be approved by the Spanish authorities referred to in point 3 of this article, in accordance with the procedure laid down in the present Royal Decree. The approval of the accession shall be notified to the Member State in which the registered office of the EGTC.

Article 8. Registry for EGTC.

1. the registration of European groupings of Territorial cooperation, public, managed by the Ministry of Foreign Affairs and cooperation and dependent of the General technical secretariat of the Department, shall register the Convention and the statutes of the EGTC with registered office in Spain, as well as their modifications.

2. the registration will be made once accredited the granting of discharge to all the members of the EGTC projected by sending to the Ministry of Foreign Affairs and cooperation of the signed text of the Convention and of the relevant statutes, and where appropriate, of the relevant authorizations.

3. in the event that the EGCC does not have its registered office in Spain, constituted in accordance with Spanish law, members of the same shall notify the Ministry of Foreign Affairs and cooperation all information relating to the date of publication or registration in the State where it has its head office by sending a copy of the agreement signed and the relevant statutes.

4. the Ministry of Foreign Affairs and cooperation will transfer to the Ministry of finance and public administration all the entries made in the register, as well as their modifications.

5. the registration enables the corresponding EGTC to perform administrative actions necessary to carry out the activity for which it has been formed.
Article 9. Modification of the agreement and the Statute.

1.cualquier modification of the agreement or the statutes of an EGTC consisting of one or more members constituted under Spanish law shall be notified to the Ministry of finance and public administration by the EGTC. Any modification to the agreement shall be approved by the organ that has resolved the approval for the creation of the EGCC in accordance with the procedure contained in article 4 and following.

2. the Ministry of finance and public administration shall notify the Ministry of Foreign Affairs and cooperation of modifications that lead to variations in the registry for EGTC seats.

Article 10. Publication.

The publication of the Convention and the statutes of the EGTC with registered office in Spain, as well as their modifications, will be made by the Ministry of Foreign Affairs and cooperation in the «Official Gazette» once submitted the documentation referred to in article 7.2.

Article 11. Control of the management of public funds.

1. control of actions financed wholly or partially financed by European funds will be developed in accordance with article 6 of regulation 1082 / 2006 on EGTC, as amended by the Regulation (EU) No. 1302 / 2013, European Parliament and the Council, 17 December 2013, and the rest of the European legal system as well as in the framework of transposition and development of European law standards in the control of European funds carried out in domestic law. In any case, the control will be held according to the distribution of competences between the different supervisory bodies of public administrations involved in the EGCC.

2. where the registered office of the EGTC is located in Spain, the text of the Convention or the statutes proposed in the application procedure laid down in article 4 of this Royal Decree shall indicate the competent authority in the field of financial control and audit of the EGTC. The designation of the authority will be held before giving its approval to participation in the EGTC and will fall, in any case, in one or more organs of the public administrations which, in accordance with domestic law, have attributed competences in the field of financial control and audit in the public sector. In the case of appointment of a plurality of bodies, the agreement or the by-laws shall adopt rules for decision-making in collegiate form.

3. the designated authority shall inform other interested States of incidents detected in the control of fund management.

4. allocations of staff, fees and other expenses of the personnel of the EGTCS with headquarters in Spain must comply with provisions of the laws of the State budget and other regulations concerning public expenditure or the restriction of increases in remuneration in the public sector.

Article 12. Supervision of the activity of the EGTC.

The Council of Ministers may prohibit all activities of the EGTC in Spanish territory that contravene the internal provisions of public order, public security, public health or public morality, as well as the contrary to the public interest; or, in your case, ask the members Spanish its withdrawal from it, the EGTC unless the EGTC put an end to these activities.

Article 13. Dissolution.

1. dissolution of the EGTC may occur for any of the causes provided for in the Constitution Convention and must be filed in the register of European groupings of Territorial cooperation, in the terms established in article 7 of this Royal Decree. The dissolution will produce effects from the moment in which is published in the «Official Gazette», in the terms provided for in article 9 of this Royal Decree.

2. Likewise, the Council of Ministers, or at its own initiative, well upon request of the Government of another Member State, the Commission or any competent authority with a legitimate interest Spanish, may decide the dissolution of the EGTCS with headquarters in Spain, whether to appreciate a breach of the objectives or established functions, respectively, in articles 1.2 and 7 of Regulation (EC) No. 1082 / 2006 , on the EGTC, as amended by the Regulation (EU) No. 1302 / 2013, the European Parliament and the Council, of 17 December, 2013, in what refers to the clarification, simplification and improvement of such groupings.

3. with prior to the dissolution, the Council of Ministers will formulate requirements to the EGTC so it regularized the situation within a maximum period of one month, proceeding to Decree its dissolution if such requirement is not complied.

4. the Ministry of Foreign Affairs and cooperation shall inform all States of Member under whose law the members of an EGTC for any request of dissolution in the Spanish territory have partnered.

Article 14. End of the administrative procedure.

The acts and agreements of the Council of Ministers, the Ministry of finance and public administration and the Ministry of Foreign Affairs and cooperation envisaged in this Royal Decree put an end to the administrative procedure.

Sole additional provision. Costs.

The costs arising from the application of the present Royal Decree, will be handled with ordinary budgetary allocations of the affected departments.

Sole repeal provision.

Repealed the Royal Decree 37/2008, 18 January, whereby will adopt the measures necessary for the implementation of Regulation (EC) No. 1082 / 2006 of the European Parliament and of the Council of 5 June 2006, on the European grouping of Territorial Cooperation (EGTC).

First final provision. Skill-related title.

The present Royal Decree is issued under cover of the provisions of article 149.1.3. 2nd and 18th of the Constitution.

Second final provision. Entry into force.

This Royal Decree shall enter into force the day following its publication in the "Official Gazette".

Given in Madrid on 23 January 2015.

PHILIP R.

The Vice-President of the Government and Minister of the Presidency, SORAYA SAENZ DE SANTAMARIA ANTON.

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