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Resolution Of May 10, 2016, Of The Technical General Secretariat, Which Records And Publishes The Convention And Statutes Of The European Grouping Of Territorial Cooperation "european Mycological Institute".

Original Language Title: Resolución de 10 de mayo de 2016, de la Secretaría General Técnica, por la que se registra y publica el Convenio y Estatutos de la Agrupación Europea de Cooperación Territorial "European Mycological Institute".

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And, more generally, in the fields of territorial cooperation as defined by European Regulations No 1299/2013, No 1301/2013 and No 1303/2013 of 17 December 2013, for:

• Promote, facilitate and structure administrative, legal and economic cooperation in the framework of defined objectives.

• Perform necessary studies or service benefits on your own, or on behalf of your members, for the achievement of your goal.

• Receive and manage European or state funding with a view to carrying out their duties.

• Participate, ensuring, where appropriate, the representation of its members, in projects and actions of territorial cooperation that are of interest to its members and that exceed the geographical limits of the EGTC.

• Propose, initiate, develop and manage common services, projects and actions aimed at strengthening the economic and social cohesion of the territories covered by the Grouping.

Actions and projects will be mainly, but not exclusively, the field of the European Union's cooperation programmes.

The EGTC will perform its functions taking into account the promotion of sustainable development.

Within the functions of the EGTC is to facilitate and structure cooperation among its members, and in particular to identify potential projects, to seek partners when necessary, to prepare the dossiers and to ensure their presentation. to entities, bodies and institutions that can provide financing including that of the European Union, to implement projects directly or through other entities, organisations or institutions.

In addition, the members of the EGTC-"European Mycological Institute" will be able to use the EGTC to develop territorial cooperation projects outside the European Union's programmes.

The functions of the EGTC are always exercised within the experience of its members and respect other limits imposed by European legislation.

VI. Governing bodies of the EGTC.

The EGTC has as governing bodies:

The Assembly.

A Director/a.

The EGTC has additional organs:

The Presidency.

The/the Deputy Director/a.

The General Secretariat.

A. The Assembly.

Powers of the Assembly:

1. The Assembly is the main body of the EGTC. The general policy guidelines were laid down by the Assembly. It is fully competent for all matters for which competition has not been entrusted to other bodies of the EGTC.

2. The Assembly is the only one that has the power to define and approve the missions, projects, programs and actions of all kinds that will be exercised and put in place by the EGTC.

3. The Assembly adopts the necessary acts for the functioning of the EGTC. Establishes its Rules of Procedure.

This Working Regulation may provide for the establishment of one or more committees of representatives of the members or of one or more specialised technical committees, with a consultative function to assist the Assembly in the preparation and monitoring of their decisions.

4. The Assembly approves the working conditions of the Director and the Secretary General.

5. The Assembly sets annually the amount of the compulsory contribution of each of the EGTC members according to the allocation defined in Article 11 of the Statutes of the EGTC and approves each year the annual budget of the EGTC for the year next.

Approves the financial contributions of the EGTC to programmes and projects co-financed by the European Union.

The Rules of Procedure shall determine the amount and conditions from which the Assembly shall authorize the Director to initiate actions requiring a financial commitment from the members.

6. With the exception of the delegated powers to the Director, the Assembly is the only one that has the competence to approve an agreement or a Convention on behalf of the EGTC with a third or more third parties.

You may grant the President of the Assembly a mandate for negotiation aimed at the preparation of agreements or agreements with the third parties or public authorities.

7. The Assembly authorizes the Director to litigate.

In any case, the Director has competence to represent the EGTC in any action before the courts against the EGTC or to litigate in case of urgency and need to protect or preserve the rights of the EGTC.

B. The Director/a.

Is the legal representative of the EGTC and acts on behalf and on behalf of the EGTC. You may delegate your duties to the Director/Deputy Director in part.

The Director, at the request of the President of the Assembly, convenes the Assembly. It sets the agenda and coordinates Assembly sessions.

The Director has the following competencies:

• Attend Assembly sessions with a voice but no vote.

• Pre-budget and direct Assembly deliberations.

• Executes Assembly decisions and agreements.

• Signature contracts of any nature and of any amount.

• Guarantees the general administration of the EGTC.

• Exercise hierarchical power over all personnel.

• Represents the EGTC before the Courts of Justice, after the authorization of the Assembly to initiate an action before the Courts of Justice on behalf of the EGTC or without prior authorization (in case of urgency or when it is of an action initiated against the EGTC, in which case the Director informs the Assembly at the next meeting.

• Any other additional, own or delegated powers that arise in the exercise of these functions shall be approved within the Assembly, communicated to the Director and collected in the Rules of Procedure.

VII. Duration of the EGTC and conditions of dissolution.

The EGTC is an indefinite duration.

According to Article 14 of Regulation (EC) 1082/2006 of the European Parliament and of the Council of 5 July on the EGTC and the applicable Spanish law, the dissolution may be promoted by an authority competent with a legitimate interest.

Members may decide unanimously to dissolve them, in compliance with the provisions of Article 12 of Regulation 1082/2006 as amended by Regulation No 1302/2013 on their liquidation and liability. of the members of the EGTC.

In the event of dissolution, accoatory.

• Include the development of myology in agroforestry and environmental projects and in regional and local economic and territorial projects, and in particular through the integration of rural and urban development.

• Ensuring regional governance of projects (regional projects and synergies between local projects).

• Promoting synergies between projects in different European regions that ensure the governance of the cooperation network, especially through the strategic approach to European cooperation projects in which they are involve its members or associated members.

• Ensure the continuity of the transfer of research and development in micology (R + D + i).

• Provide information to the European institutions (Commission, project programme secretariats) on the areas of work developed in myologng of the EGTC shall be carried out by means of an accounting officer to be appointed for that purpose.

2. The Assembly adopts an annual budget proposed by the President/Assembly.

3. The budget includes an operating section and an operational section.

The operating section corresponds to the budget of the structure of the EGTC.

The operational section corresponds to the operational missions decided by the Assembly and implemented by the EGTC.

4. Any activity in the operational section must have specific funding before committing any expenses.

5. The Director establishes an administrative account each year and he/the President of the Assembly puts it to the attention of the Assembly.

Article 11. Financial resources.

The EGTC budget is funded by:

1. The mandatory contributions of its members, which shall be established by the Assembly, for the operational paragraph and the operative paragraph.

Each member of the EGTC is obliged to register the corresponding expenditure in its own annual ordinary budget.

2. The voluntary contributions of its members.

3. The contributions of European funds.

4. Contributions and grants of any kind from States or other territorial entities.

5. Any other income authorized by the laws and regulations.

Article 12. Admission of a new member.

The admission of a new member must be the result of a decision of the AECT Assembly adopted unanimously.

This admission is subject to the procedure laid down in Article 4 of Regulation 1082/2006 as amended by Regulation 1302/2013 and to the publication formalities provided for in Article 5 of that Regulation.

Article 13. Withdrawal of an EGTC member.

Apart from the case of the dissolution of the EGTC, any member can withdraw from the EGTC by directing a letter to the President of the Assembly by registered mail with acknowledgement of receipt, and loses its membership once the Civil year in progress.

Any member of the EGTC may communicate its willingness to cease to be a member whenever it mediates an irrevocable notice to the President of the Assembly of the EGTC and to the other members of the Pool (in the event that the (a) at least six months in advance of compliance with the financial obligations incurred as a member.

The consequences for the retiring member are the same as those provided for in the Seventh Clause of the EGTC Convention.

Article 14. Settlement of disputes.

1. In the event of a dispute between the members which is related to the interpretation or application of these Statutes or, more generally, to the functioning of the EGTC, the members concerned undertake to launch the negotiations. (i) appropriate recourse, in particular, to the mediation of a member not involved in the dispute or of another qualified public authority in order to promote a friendly solution.

2. If no negotiated solution can be reached, the dispute will be submitted to the Spanish administrative jurisdictions.

Article 15. Decision making.

Decisions shall be taken by the competent bodies to be legally valid and binding and in accordance with their powers, observing the procedures and formalities described therein, and in the case of the responsible and individual criteria for their holders.

In Soria, on January 20, 2016. -By the Departmental Chamber of Agriculture of the Dordogne, Jean-Philippe Granger. -By the Forest Technology Center of Catalonia, Denis Boglio. -By the Provincial Council of Avila, Jesus Manuel Sánchez Cabrera. -For the Natural Heritage Foundation of Castilla y León, José Manuel Jiménez Blazquez. -For the Region Languedoc-Roussillon-Mediodia-Pyrenees, Carole Delga.

ass="parrafo">2. The Secretary General has a function of support to the Presidency-in-Office. For this reason, it prepares the meetings for the Presidency and exercises under its control and by delegation of the Presidency activities of communication and institutional lobby in the regional, national and European institutions. Within the framework of its activities, the Secretary General may, under the control of the President of the Assembly, supervise the coordination of the activities of the EGTC. He executes the resolutions of the Assembly on that which concerns him.

Article 6. Working languages.

The official working languages of the EGTC are English, French and Spanish.

Article 7. Designation of independent external auditor.

The authorities responsible for the designation of an independent external audit body are, as the case may be, the authorities provided for by the European Regulations and, failing that, the authorities designated by the law

The designated authority shall inform the other State of the incidents detected in the conduct of the fund management controls.

The EGTC will undergo an external and independent audit.

The Assembly shall appoint an official auditor of accounts on the basis of requirements in the field of audit.

Article 8. Staff of the EGTC.

1. The Assembly, on a proposal from the Director and the Secretary General, will decide on the constitution, structure and modalities of operation of the operational services, in accordance with the provisions of the Operation.

2. The EGTC may recruit, on a contractual or statutory basis, the personnel necessary for carrying out its tasks, in accordance with the relevant Spanish legislation and more specifically in accordance with Law 7/2007 of 12 April of the Statute Public Employee Basic.

The EGTC will take charge of your remuneration.

3. Member entities may assign or separate the EGTC from the EGTC to the staff of their organisation.

Article 9. Amendment of the Statutes.

1. Any amendment to the Statute should be the subject of a decision of the Assembly acting unanimously in accordance with the conditions set out in point 2 below.

2. Any proposal for amendment should be addressed to the President. It has to be submitted in writing (mail with acknowledgement of receipt) and must be motivated. It must be accompanied by the draft wording of the relevant text.

The President of the Assembly must convene the Assembly especially for this purpose. The agenda should be accompanied by the text of the proposal.

In addition, any modification must be notified and approved in accordance with the procedure provided for in Article 4 of Regulation 1082/2006 as amended by Regulation 1302/2013 and with registration formalities and publication provided for in Article 5 of the same Regulation.

Article 10. Budget and accounting.

1. The accountiing basis by one of these representatives, who will be the President of the Assembly. The modalities and the order of rotation shall be laid down in the Rules of Procedure.

The President of the Assembly has the following functions:

Chairing the Assembly meetings and directing, in coordination with the Director, the meetings of the Assembly and the sessions of the Assembly.

• Authorize the payment of budgeted expenses and incurred by the EGTC.

• Decide with your vote