Regulation (EU) No 1302/2013 of the european Parliament and of the Council of 17 December 2013 amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings

'1 A European grouping of territorial cooperation (“EGTC”) may be established on Union territory under the conditions and subject to the arrangements provided for by this Regulation.

2 The objective of an EGTC shall be to facilitate and promote, in particular, territorial cooperation, including one or more of the cross-border, transnational and interregional strands of cooperation, between its members as set out in Article 3(1), with the aim of strengthening Union economic, social and territorial cohesion.';

'5 The registered office of an EGTC shall be located in a Member State under whose law at least one of the EGTC's members is established.';

'1 The acts of the organs of an EGTC shall be governed by the following: (a) this Regulation; (b) the convention referred to in Article 8, where it is expressly authorised under this Regulation to do so; and (c) in the case of matters not, or only partly, regulated under this Regulation, the national law of the Member State where the EGTC has its registered office. Where it is necessary to determine the applicable law under Union law or private international law, an EGTC shall be considered to be an entity of the Member State where it has its registered office.';

'1a The activities of an EGTC relating to carrying out tasks, referred to in Article 7(2) and (3), inside the Union shall be governed by applicable Union law and national law as specified in the convention referred to in Article 8. The activities of an EGTC that are co-financed from the Union budget shall comply with the requirements set out in applicable Union law and the national law relating to the application of that Union law.';

'1 The following entities may become members of an EGTC: (a) Member States or authorities at national level; (b) regional authorities; (c) local authorities; (d) public undertakings within the meaning of point (b) of Article 2(1) of Directive 2004/17/EC of the European Parliament and of the Council or bodies governed by public law within the meaning of the second subparagraph of Article 1(9) of Directive 2004/18/EC of the European Parliament and of the Council ; (e) undertakings entrusted with operations of services of general economic interest in compliance with applicable Union and national law; (f) national, regional or local authorities, or bodies or public undertakings, equivalent to those referred to under point (d), from third countries, subject to the conditions laid down in Article 3a.

'2 An EGTC shall be made up of members located on the territory of at least two Member States, except as provided for in Article 3a(2) and (5).';

1 In accordance with Article 4(3a), an EGTC may be made up of members located on the territory of at least two Member States and of one or more third countries neighbouring at least one of those Member States, including its outermost regions, where those Member States and third countries jointly carry out territorial cooperation actions or implement programmes supported by the Union. For the purposes of this Regulation, a third country or an OCT shall be considered to be neighbouring a Member State, including its outermost regions, where the third country or the OCT and that Member State share a common land border or where both the third country or OCT and the Member State are eligible under a joint maritime cross-border or transnational programme under the European territorial cooperation goal, or are eligible under another cross-border, sea-crossing or sea-basin cooperation programme, including where they are separated by international waters.

2 An EGTC may be made up of members located on the territory of only one Member State and of one or more third countries neighbouring that Member State, including its outermost regions, where the Member State concerned considers that EGTC to be consistent with the scope of its territorial cooperation in the context of cross-border or transnational cooperation or bilateral relations with the third countries concerned.

3 For the purposes of paragraphs 1 and 2, third countries neighbouring a Member State, including its outermost regions, include maritime borders between the countries concerned.

4 In accordance with Article 4a and subject to the conditions set out in paragraph 1 of this Article, an EGTC may also be made up of members located on the territory of at least two Member States, including their outermost regions, and of one or more OCTs, with or without members from one or more third countries.

5 In accordance with Article 4a and subject to the conditions set out in paragraph 2 of this Article, an EGTC may also be made up of members located on the territory of only one Member State, including its outermost regions, and of one or more OCTs, with or without members from one or more third countries.

6 An EGTC shall not be set up only between members from a Member State and one or more OCTs linked to that same Member State.';

In the case of an EGTC with a prospective member from an OCT, the Member State to which the OCT is linked shall satisfy itself that the conditions of Article 3a are fulfilled and, taking into account its relationship with the OCT, either: (a) approve the prospective member's participation in accordance with Article 4(3); or (b) confirm in writing to the Member State where the proposed registered office of the EGTC is to be located that the competent authorities in the OCT have approved the prospective member's participation in accordance with equivalent conditions and procedures to those laid down in this Regulation.';

1 The convention and the statutes and any subsequent amendments thereto shall be registered or published, or both, in the Member State where the EGTC concerned has its registered office, in accordance with the applicable national law of that Member State. The EGTC shall acquire legal personality on the date of registration or publication of the convention and the statutes, whichever occurs first. The members shall inform the Member States concerned and the Committee of the Regions of the registration or publication of the convention and the statutes.

2 The EGTC shall ensure that, within ten working days of the registration or publication of the convention and the statutes, a request is sent to the Committee of the Regions following the template set out in the Annex to this Regulation. The Committee of the Regions shall then transfer that request to the Publications Office of the European Union for publication of a notice, in the C series of the Official Journal of the European Union, announcing the establishment of the EGTC, along with the details set out in the Annex to this Regulation.';

1 The statutes of an EGTC shall be adopted on the basis of, and in accordance with, its convention, by its members acting unanimously.

2 The statutes of an EGTC shall specify, as a minimum, the following: (a) the operating provisions of its organs and those organs' competences, as well as the number of representatives of the members in the relevant organs; (b) its decision-making procedures; (c) its working language or languages; (d) the arrangements for its functioning; (e) its procedures concerning personnel management and recruitment; (f) the arrangements for its members' financial contributions; (g) the applicable accounting and budgetary rules for its members; (h) the designation of the independent external auditor of its accounts; and (i) the procedures for amending its statutes, which shall comply with the obligations set out in Articles 4 and 5.';

By 1 August 2018 the Commission shall forward to the European Parliament, the Council and the Committee of the Regions a report on the application of this Regulation, evaluating, based on indicators, its effectiveness, efficiency, relevance, European added value and scope for simplification. The Commission shall be empowered to adopt delegated acts, in accordance with Article 17a, laying down the list of indicators referred to in the first paragraph.';

1 The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2 The power to adopt delegated acts referred to in the second paragraph of Article 17 shall be conferred on the Commission for a period of five years from 21 December 2013.

3 The delegation of power referred to in the second paragraph of Article 17 may be revoked at any time by the European Parliament or by the Council.A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4 As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

5 A delegated act adopted pursuant to the second paragraph of Article 17 shall enter into force only if no objection has been expressed either by the European Parliament or the Council within a period of three months of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by three months at the initiative of the European Parliament or of the Council.'.

1 EGTCs established before 21 December 2013 shall not be obliged to align their convention and statutes with the provisions of Regulation (EC) No 1082/2006 as amended by this Regulation.

2 In the case of EGTCs, for which a procedure under Article 4 of Regulation (EC) No 1082/2006 was started before 22 June 2014 and for which only the registration or publication under Article 5 of Regulation (EC) No 1082/2006 is outstanding, the convention and the statutes shall be registered or published, or both, in accordance with the provisions of Regulation (EC) No 1082/2006 before its amendment by this Regulation.

3 EGTCs for which a procedure under Article 4 of Regulation (EC) No 1082/2006 was started more than six months before 22 June 2014 shall be approved in accordance with the provisions of Regulation (EC) No 1082/2006 before its amendment by this Regulation.

4 EGTCs other than those under paragraphs 2 and 3 of this Article for which a procedure under Article 4 of Regulation (EC) No 1082/2006 was started before 22 June 2014 shall be approved in accordance with the provisions of Regulation (EC) No 1082/2006 as amended by this Regulation.

5 Member States shall submit to the Commission the necessary amendments to the national provisions adopted in accordance with Article 16(1) of Regulation (EC) No 1082/2006 as amended by this Regulation no later than 22 June 2014

This Regulation shall enter into force on the day following its publication in the Official Journal of the European Union. It shall apply from 22 June 2014.