On 17 December 2013, Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 amending Regulation (EC) No 1082/2006 on the European Grouping of Territorial cooperation (EGTC), with regard to clarification, simplification and improvement of the creation and operation of such groupings. This new European Regulation introduces a number of new developments in the regulation of EGTCs advising the publication of a new royal decree replacing the previous one.

The adoption of Regulation (EC) No 1082/2006 on the European Grouping for Territorial Cooperation (EGTC) provided an impetus for territorial cooperation, in particular that of a cross-border nature, as a further step in the path of European integration, the removal of borders and the creation of a single space for the coexistence and movement of goods, persons and services.

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

The European Grouping of Territorial Cooperation has been pursuing since its creation the strengthening of economic, social and territorial cohesion and is conceived in the Regulation as an instrument for the development of territorial cooperation, whether co-financed by the European Union, as laid down in Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions relating to the European Structural and Investment Funds (ESI Funds), or to carry out actions of territorial cooperation on the sole initiative of the Member States or their regional or local authorities, without financial intervention by the European Union.

The success of this collaborative figure in recent years has led to the broadening and deepening of its scope of action, launched by the new Regulation 1302/2013 amending Regulation 1082/2006 on EGTC. One of the main features of the new legislation is the entry into the EGTC of third countries and overseas countries and territories, as well as the clarification of the criteria for private law bodies to be able to members. The new legislation also seeks to simplify the procedure for the accession of new members from the Member States of the European Union.

Regulation 1082/2006 on EGTC provides for Member States to take all appropriate measures to ensure that they are implemented effectively, and following their publication an internal standard of general character was adopted. specify the procedure to be followed in order to facilitate the establishment and operation of European groupings of territorial cooperation which could be established in accordance with Spanish law, or in which public entities are involved Spanish. The amendment of Regulation 1082/2006 on EGTC, by Regulation (EU) No 1302/2013 on essential aspects, leads to the adoption of a new standard containing the new developments.

The regulation contained in this royal decree is justified in a way that is prevalent in the state competition in the field of international relations, which enables the state institutions-in this case the Government of Spain- to order and coordinate the activities with external relevance of the autonomous communities, as well as the other territorial entities, in such a way that they do not condition or impair the direction of the foreign policy, of exclusive competence of the State, as established by the constitutional case law. In addition, as regards those extremes of the royal decree which contain rules on the procedure to be followed for the establishment and operation of the aforementioned entities of territorial cooperation, they have the consideration of bases of the legal status of public administrations.

In the process of drawing up this royal decree, the autonomous communities, and the local entities, have been consulted.

In its virtue, on the proposal of the Ministers of Finance and Public Administrations and of Foreign Affairs and Cooperation, in agreement with the Council of State and after deliberation of the Council of Ministers at its meeting of the 23rd of January 2015,

DISPONGO:

Article 1. Object.

This royal decree is intended to ensure the effective implementation 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) in its version as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 on the clarification, simplification and improvement of such groupings.

Article 2. Nature.

European groupings of Territorial Cooperation as provided for in Article 1 of Regulation 1082/2006 on the EGTC, as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 of December 2013, are legal persons, constituted by entities or bodies of at least two Member States of the European Union, with the exception of the provisions of Article 3 (2) which aim to facilitate and promote the territorial cooperation, including one or more of the forms of cross-border cooperation, transnational and inter-regional unilateral or multilateral, in order to strengthen the economic, social and territorial cohesion of the Union.

Article 3. Subjects.

1. The EGTC shall be integrated, as provided for in Article 3 of Regulation 1082/2006 on the EGTC, as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013, by members, the limits of its powers under national law, belonging to one or more of the following categories:

(a) Member States of the European Union or national authorities;

b) Autonomous Communities;

c) Local entities;

(d) Public undertakings within the meaning of Article 2 (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 water, energy, transport and postal services, or bodies governed by public law within the meaning of the second paragraph of Article 1.9 of Directive 2004 /18/EC of the European Parliament and of the Council; Directive 2004 /177/EC of the European Parliament and of the Council Parliament and the Council of 31 March 2004 on the coordination of procedures for the the award of public works, supply and service contracts;

(e) Companies providing services of general economic interest in accordance with applicable Union and national law;

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

Associations formed by bodies belonging to one or more of these categories may also be members.

2. The EGTC shall consist of members located in the territory of at least two Member States of the European Union. However, under the terms and conditions laid down in Article 3a of Regulation 1082/2006 on the EGTC as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 on the EGTC, refers to the clarification, simplification and improvement of such groupings, may be constituted by members located in the territory of:

(a) At least two Member States and one or more third countries neighbouring one of those States, including their outermost regions.

(b) At least two Member States, including their outermost regions, and one or more overseas countries or territories (hereinafter OCTs), with or without members from one or more third countries.

(c) A single Member State and one or more third countries, neighbouring third countries, including their outermost regions.

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

Article 4. Submission of the application.

1. Prior to the creation of an EGTC, the future Spanish member intending to participate in the EGTC shall submit an application to the Secretariat of State of Public Administrations for the required authorisation, accompanied by the next documentation:

(a) The text of the proposed convention, to 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 17 December 2013.

(b) The proposed statutes, which shall be drawn up in accordance with Article 9 of the said European Regulation, as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013, with regard to the clarification, simplification and improvement of such groupings.

(c) Where appropriate, the documentation of the legal personality of the future members, as well as the possible limitation of liability.

(d) The certification certifying the intention to participate of the Entity concerned in the EGTC, expressed in agreement of the Governing Council of the Autonomous Community, of the City Council, Board of Directors, Board of Directors or of the body concerned, shall include the accreditation of the competence in the terms of Article 7 (2) of Regulation 1082/2006 on the EGTC as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council, of 17 December 2013, with regard to clarification, simplification and improvement of the of such pools.

2. In the event of the accession of a Spanish member to an already established EGTC, the future member must inform the Secretariat of State of Public Administrations of its intention to participate in it in order to proceed at the beginning of the the approval procedure by submitting an application accompanied by the documentation referred to in the previous paragraph.

Article 5. Reports.

1. Upon receipt of the request, the Ministry of Finance and Public Administrations shall request the issuance of the corresponding reports by the competent Ministries for the reason of the matter.

2. In all cases, the report of the Ministry of Foreign Affairs and Cooperation and the Secretariat of State for Budgets and Expenditure will be required. The latter shall, in addition, be binding in respect of the use of European funds or of the General Administration of the State, its undertakings or public bodies or of other entities governed by public law.

The report of the Autonomous Community shall also be required in relation to the requests for EGTC in which one of the subjects referred to in Article 3 of this royal decree is integrated into its territorial scope.

3. The Ministry of Foreign Affairs and Cooperation shall, upon receipt of the request for a report, communicate to the other Member States concerned the requests received in Spain for the participation in an EGTC of any of the those States, and shall transfer the communications received from them to the other departments and Public Administrations concerned.

In the case of a procedure for the approval of an EGTC with 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 the conditions of Article 3a of Regulation 1082/2006 on the EGTC, as amended by Regulation (EU) No 1302/2013, of the European Parliament and of the Council of 17 May 2013, are fulfilled. December 2013, with regard to the clarification, simplification and improvement of such groups, and that the third country has approved the participation of future members in accordance with:

(a) Conditions and procedures equivalent to those laid down in Regulation 1082/2006 on the EGTC; or

(b) an agreement concluded between at least one Member State under whose right a future member and third country is established.

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

4. Received the requested reports, or after a period of one month for its issuance, the Secretariat of State of Public Administrations may issue a report of observations and propose the necessary amendments to the convention and the statutes, in accordance with Article 4.3 of Regulation 1082/2006 on the EGTC as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013 as regards the clarification, simplification and improvement of such clusters.

The Ministry of Finance and Public Administrations may request additional information, documentation or clarifications from future EGTC members at any time of the procedure.

The future members of the EGTC will have to coordinate and exchange information during this phase of the procedure, in order to speed up the consolidation of the 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 provided for in Article 4 (1) (d) of Law 30/1992, of 26 November, of the Legal Regime of Public Administrations and of the Common Administrative Procedure, the Interested public administrations will exchange information relevant to the effective exercise of the powers conferred by this rule.

To this end, the General Administration of the State will transfer to the autonomous communities the information it has available through the Secretariat of the Conference for Related Matters with the European Union, and to the entities Local authorities, through the Secretariat of the National Local Administration Commission.

Article 7. Resolution.

1. Received the reports referred to in the preceding Article, or after a period of one month, without having been evacuated, except in the case of mandatory reports determining the decision of the procedure, the Secretariat of State Public administrations will formulate a motion for a resolution.

2. In the case of reports issued in the context of a procedure for the accession of a new Spanish member to an EGTC whose agreement has already been approved by Spain, the time limit for the withdrawal of such an EGTC shall be ten days.

3. The resolution of the approval of the participation and the agreement will be the responsibility of the Council of Ministers, at the proposal of the head of the Ministry of Finance and Public Administrations, in the event that one of the future members of the EGTC is a State, an organ of the General Administration of the State, a public undertaking or a public body dependent on it, or one or more autonomous communities or their dependent public bodies.

This resolution shall be the responsibility of the holder of the Ministry of Finance and Public Administrations in other cases.

4. The maximum period for the decision of the procedure shall be six months from the date of submission of a request in accordance with Article 4. After this period has not been passed, the application shall be deemed to be estimated.

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

5. The resolution terminating the procedure shall approve the agreement and the participation of the Spanish member in the projected EGTC, or shall refuse such participation on a reasoned basis, where the circumstances of Article 4.3 of the Regulation are met (EC) 1082/2006 on the EGTC, as amended by Regulation (EU) No 1302/2013 of the European Parliament and of the Council of 17 December 2013, as regards the clarification, simplification and improvement of such groupings.

6. After the one-year period from the issuance of the approval without the projected EGTC being constituted, the approval shall be expired.

7. In the event of the accession of a new Spanish member to an EGTC whose agreement has already been approved by Spain, such participation will have to be approved by the Spanish authorities mentioned in point 3 of the present Article, in accordance with the procedure laid down in this royal decree. The approval of accession shall be notified to the Member State in which the registered office of the EGTC is located.

Article 8. Record of EGTC.

1. In the Register of European Groupings of Territorial Cooperation, of a public nature, managed by the Ministry of Foreign Affairs and Cooperation and dependent on the Technical General Secretariat of that Department, the the convention and the statutes of each of the EGTCs with registered offices in Spain, as well as their amendments.

2. The registration will be made once the approval has been granted to all the members of the EGTC projected by the referral to the Ministry of Foreign Affairs and Cooperation of the undersigned text of the convention and the corresponding the statutes, and where applicable, of the relevant authorisations.

3. If the EGTC does not have its registered office in Spain, the members of the EGTC shall, in accordance with Spanish law, notify the Ministry of Foreign Affairs and Cooperation of any information relating to the date of publication and/or registration in the State in which it has its registered office, by means of a copy of the agreement signed and the corresponding statutes.

4. The Ministry of Foreign Affairs and Cooperation shall transfer to the Ministry of Finance and Public Administrations all the entries made in the Register, as well as their modifications.

5. The registration in the Register enables the corresponding EGTC to carry out the necessary administrative actions to be able to carry out the activity for which it has been constituted.

Article 9. Amendment of the convention and the statutes.

1. Any amendment to the convention 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 Administrations by the EGTC. Any amendment to the Convention shall be approved by the body which has resolved the approval for the establishment of the EGTC in accordance with the procedure laid down in Article 4

seq.

2. The Ministry of Finance and Public Administrations shall notify the Ministry of Foreign Affairs and Cooperation of any changes to changes in the seats of the EGTC register.

Article 10. Publication.

The publication of the convention and the statutes of the EGTC with registered office in Spain, as well as its modifications, will be carried out by the Ministry of Foreign Affairs and Cooperation in the "Official State Gazette" once referred to the documentation provided for in Article 7.2.

Article 11. Control of public fund management.

1. The control of actions financed in whole or in part from European funds shall be carried out in accordance with Article 6 of Regulation 1082/2006 on the EGTC, as amended by Regulation (EU) No 1082/2006. 1302/2013 of the European Parliament and of the Council of 17 December 2013 and of the rest of the European legal order, as well as in the framework of the rules for the transposition and development of European law on the control of European funds carried out in the national law. In any case, the control shall be carried out in accordance with the distribution of powers between the various control bodies of the public administrations participating in the EGTC.

2. Where the registered office of the EGTC radiating in Spain, the text of the convention or the statutes proposed in the application procedure provided for in Article 4 of this royal decree shall indicate the competent authority in matters of financial control and audit of the accounts of the EGTC. The designation of such authority shall be made before giving its approval to the participation in the EGTC and shall, in any event, fall to one or more bodies of the Public Administrations which, in accordance with the internal legislation, have been assigned powers in the field of financial control and public sector audit. In the case of the appointment of a plurality of organs, the convention or the statutes shall establish the rules for the decision making in a collegiate manner.

3. The designated authority shall inform the other States concerned of the incidents identified in the conduct of the fund management controls.

4. The staff, remuneration and other expenditure of staff of the EGTCs with registered office in Spain shall comply with the provisions of the General Budget Laws of the State and other rules relating to public expenditure or to the restriction of increases in remuneration in the public sector.

Article 12. Monitoring the activity of the EGTC.

The Council of Ministers may prohibit any activity of the EGTC in Spanish territory which contravene internal provisions in the field of public policy, public security, public health or public morality, as well as the contrary to the public interest; or, where appropriate, request the Spanish members of the EGTC to withdraw it, unless the EGTC terminates these activities.

Article 13. Dissolution.

1. The dissolution of the EGTC may be caused by any of the causes provided for in the convention of incorporation and must be entered in the Register of European Groupings of Territorial Cooperation, in accordance with the terms laid down in Article 7 of this Agreement. royal decree. The dissolution will produce effects from the moment it is published in the "Official Gazette of the State", in the terms provided for in Article 9 of this royal decree.

2. Furthermore, the Council of Ministers, either on its own initiative or at the request of the Government of another Member State, of the European Commission or of any Spanish competent authority with a legitimate interest, may agree to the dissolution of the EGTC. with registered office in Spain, if a breach of the objectives or functions laid down, respectively, in Articles 1.2 and 7 of Regulation (EC) No 1082/2006, on the EGTC, as amended by the Regulation (EU), is assessed. No. No 1302/2013 of the European Parliament and of the Council of 17 December 2013 on the clarification, simplification and improvement of such clusters.

3. Prior to the dissolution, the Council of Ministers will require the EGTC to regulate the situation within a maximum period of one month, proceeding to decree its dissolution if such a requirement is not met.

4. The Ministry of Foreign Affairs and Cooperation shall inform all Member States under whose legislation the members of an EGTC have been associated with any request for dissolution of the EGTC received in the Spanish territory.

Article 14. End of the administrative path.

The acts and agreements of the Council of Ministers, the Ministry of Finance and Public Administrations and the Ministry of Foreign Affairs and Cooperation provided for in this royal decree put an end to the administrative route.

Single additional disposition. Costs.

The costs arising from the application of this royal decree will be met with the ordinary budgetary allocations of the departments concerned.

Single repeal provision.

Royal Decree 37/2008 of 18 January 2006 laying down the measures necessary for the effective 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).

Final disposition first. Competence title.

This royal decree is dictated by the provisions of Article 149.1.3. and 18. of the Constitution.

Final disposition second. Effective.

This royal decree will enter into force on the day following its publication in the "Official State Gazette".

Given in Madrid, on January 23, 2015.

FELIPE R.

The Vice President of the Government and Minister of the Presidency,

SORAYA SAENZ OF SANTAMARIA ANTON.