Cross border co-operation at the EU external borders

1. Cross border co-operation at the EU external borders Seminar on Territorial Co-operation Egidio Canciani European Commission Directorate General for External Relations Seminar on European Territorial Co-operation – Brussels - 21 February 2005

2. Proposal represents a radical improvement over the current situation; • For the first time a single instrument applies to the two sides of EU external borders; • Design largely completed … some aspects need further work …together. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

3. Main questions raised by the Member States • Coherence in the approach to Cross Border co-operation under SF/ENPI/IPA; • Geographical eligibility; • The “Sea basin” approach under the ENPI; • Management and control systems for the implementation of programmes; • Future consultations with Member States. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

4. A few basics • CBC at the EU external borders will be covered, from 2007 by two instruments; • These instruments are doing more then CBC but have a separate CBC component; • ENPI will fund CBC at the EU external border with ENP countries and Russia; • IPA will fund CBC at the EU external border with candidate and pre-candidate countries; • Both instruments will cover eligible border regions of MS and partner countries adjacent to the relevant borders; • They will apply a set of rules specific to CBC. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

5. The conceptual toolkit • The Pre-Accession Policy: preparing the candidate countries to become EU Members; • The European Neighbourhood Policy: projecting EU system of values through the extension of internal policies and tools; • Neighbourhood Programmes 2004-2006: blending the CBC experience of Interreg and external relations instruments; • The Interreg approach: developing a full fledged partnership between adjacent border regions of different countries. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

6. Two budget sources: one set of rules • Funds for CBC programmes under ENPI and IPA will be drawn from two headings of Financial perspective: this reflects the dual nature of the instruments (external relation-cohesion); • External relations funds will be at least equivalent to the ERDF one (a minimum of 2 times 12% of the ERDF allocation under objective 3); • The concept of "common benefit" is introduced: no obligation to spend external funds outside EU and ERDF funds inside EU. • For the participating countries: one budget table in the programming documents, no obligation to report where the funds are spent. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

7. Geographical eligibility: Common elements to IPA and ENPI • Land borders and Maritime borders/Sea crossings: NUTS III level Regions of Member Sates and partner countries; • Maritime borders/Sea crossings programmes where conditions (e.g. short distance) allow border regions to elaborate a common, territorially based, development strategy; • Possibility for adjoining regions to participate in co-operation. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

8. ENPI “Sea basin” co-operation • Eligibility: NUTS II level coastal Regions along common sea basins; • Reflects the importance of maritime borders under the ENP; • Co-operation framework “broadens” co-operation possibilities: Multi-lateral, NUTS II, no restrictions of objectives; • Allows bilateral co-operation between cities or coastal regions; • Builds on the “trans-national” maritime neighbourhood programmes (MEDOC, Archimed, BSR); • A link to be established with Trans-national co-operation. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

9. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

10. Joint programming • Participating countries define together priorities for co-operation, respecting the principles of partnership, co-financing, complementarity; • Joint programme: document agreed by the parties, multi-annual, includes priorities/measures, describes in details implementation modalities; • Commission adopts the document after negotiations with participating countries. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

11. Joint management COM proposals provides for: • One structure based on a "joint managing authority" normally” in MS; • One budget management mode: shared management – maximise MS flexibility – minimise COM involvement; • MS will have to assume responsibility vis-à-vis the Commission for the entirety of the programme. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

12. The management and control system • ERDF model: Joint managing authority, joint certifying authority, joint audit authority, JTS – functions as set in the SF and ERDF regulation; • Compliance with community rules mainly on environment, public procurement, state aids and equal opportunities; • Certification of expenditures: ERDF model – validation by approved auditors before being submitted to the certifying authority; Seminar on European Territorial Co-operation – Brussels - 21 February 2005

13. Public Procurement • Aim: a set of common rules; • Proposal: rules to be applied should be those of the managing authority; • Advantages: coherence with SF approach, automatic compliance with public procurement directives; • Difficulties: partner countries contractors will have problems related to the application of a third country legislation, difficult to apply to multilateral programmes; • Possible options: common set of rules established ad hoc for the programme, separate procurement. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

14. Agreements • Framework agreements: already existing, necessary to bind third countries to the essential provisions of the regulations; • Financing agreements: necessary to make the joint programmes binding in partner countries - establish final responsibility of the State in case of irregularities; • Bilateral agreements: covering the operational arrangements necessary for the Member State in order to assume financial responsibility vis à vis the Commission. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

15. The implementing rules • Implementing rules = Commission implementing regulation - CBC only; • Includes all the details necessary to design and implement the programmes striving for maximum coherence between internal and external borders; • COM intends to continue technical discussions with MS technical experts: paper on management and control system to be circulated soon, follow up technical meeting in April/May. Seminar on European Territorial Co-operation – Brussels - 21 February 2005

16. The future • Main ENPI/IPA regulations: Commission aims at an approval of ENPI/IPA by 3rd quarter 2005; • Implementing regulation: presentation to the Committee soon after; • Programming: start in January 2006. • Programmes ready for implementation: January 2007. Seminar on European Territorial Co-operation – Brussels - 21 February 2005