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Implementation of the EGTC in Slovakia. Hungary, Lovasberény, 27 - 28 February 2012. Legislation in Slovakia. Legal framework Act No 90/2008 Coll. on a European Grouping of Territorial Cooperation (EGTC) and on the amendment of Act No 540/2001 Coll. on state statistics, as amended
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Implementation ofthe EGTC in Slovakia Hungary, Lovasberény, 27 - 28 February 2012
Legislation in Slovakia Legal framework • Act No 90/2008 Coll. on a European Grouping of Territorial Cooperation (EGTC) and on the amendment of ActNo 540/2001 Coll. on state statistics, as amended Entities that may be members of the EGTC • Member States, regional authorities, local authorities, bodies governed by public law; • associations consisting of bodies belongingto one or moreof these categories may also be members.
Register Office Responsibilities of the Ministry of Transport, Construction and Regional Development of the Slovak Republic: • Itmaintains the register of the EGTC; • issues decisions on the registration of an EGTC, changes thereto, changes in membership and deletion of an EGTC from the register; • receives notifications and gives its consent to the membership of legal persons to an EGTC established on the territory of a Member State other than the Slovak Republic; • supervises whether or not the EGTC fulfils the purpose for which it was established. E-register EGTC in Slovakia is available at:www.mindop.sk
The approval process – a new EGTCin Slovakia 1. The application for registration of an EGTC together with attachment: • a certified copy of the convention; • a certified copy of the statutes; • a certified copy of the consent by the relevant body to becomea member granted (municipal council or city council, regional council,...). 2. A decision on registration of EGTC • 30 days after the submitted proposal; • assignment of identification numbers. 3. Entry into the register of EGTC • the day stated in the application for registration or the dayof issuance of such decision.
The approval process – a new EGTC outside the territory of Slovakia 1. The application for consent to membership in grouping that is locatedoutsideof Slovakia together with attachment: • a certified copy of the convention, • a certified copy of the statutes, • a certified copy of the consent by the relevant body to becomea member granted (municipal council or city council, regional council,...) 2. A decision for consent of the input EGTC • 30 days after the submitted proposal
The approval process –existing EGTC 1. The application for consent to membership in grouping that is/ isnot located outside of Slovakia together with attachment: • a certified copy of the convention, • a certified copy of the statutes, • a certified copy of the consent by the relevant body to become a member granted (municipal council or city council, regional council,...), • a certified copy of the consent of the members of the EGTC. 2. A decision for consent of the input EGTC • 30 days after the submitted proposal
Participation of the Slovak authorities in the EGTC EGTC located in the Slovakia: • EGTC Kras – Bodva (Hačava village) • EGTC Pons Danubii (Hurbanovo, Kolárovo a Komárno towns) EGTC located outside the Slovakia: • EGTC Ister Granum • EGTC Ung – Tisza – Túr – Sajó • EGTC Abov v Above • EGTC Arrabona • EGTC Rába – Dunaj – Váh
Participation of the Slovak authorities in the EGTC The ongoing process of registering a new EGTC In the Slovakia-Hungarian territory: • EGTC Pro Comitatu (Okoč, Gabčíkovo, Veľký Meder, Dunajská Streda) • EGTC TETKE (Kameničná) • Gemersko-turnianske EGTC (Háj, Turnianska Nová Ves, Dvorníky-Včeláre, Zádiel)
Participation of the Slovak authorities in the EGTC The ongoing process of established of EGTC: • Drahňov village EGTC Ung – Tisa – TUR – Sajo • 17 hungarian villages – Halászi, Vámosszabadi, Kisbajcs, Vének, Pér, Rábapatona, Mosonszolnok, Dunaszeg, Abda, Győrújbarát, Dunaszentpál, Bőny, Kunsziget, Győrújfalu, Börcs, Ikrény and Mecsér EGTC ARRABONA
Participation of the Slovak authorities in the EGTC Granted consent, but the EGTC not registered yet: • EGTC TRITIA (Žilina self-governing region) • EGTC Novohrad – Nógrad (Fiľakovo town) • EGTC Medzibodrožie(Malý Kamenec, Klin nad Bodrogom, Ladmovce, Veľký Kamenec, Somotor, Zemplín, Stredanad Bodrogom, Viničky, Malý Horeš, Bara a Čermochov) www.mindop.sk
Identification of the main deficiencies • differences in regulatory treatment group members, • registered EGTC consist of small groups, • the unauthorized entities, • inadequate review of the legal framework of the EGTC and the laws of the Member States, • insufficient analysis of regional needs, • lack of identification of goals and objectives of the grouping, • setting goals beyond the focus groups, • establishment of goals beyond the powers of members of the grouping, • verbatim copying of statutes and conventions of already established groups. www.mindop.sk
Specific errors of applicants to entry the EGTC Convention and Statutes • poor official translations of key documents, • authorities group – error in voting rights, unequal election of representatives to various bodies, authorities, responsibilities overlap, • discrepancy of the Convention with the Statutes, • unequal status of members of the grouping. Another • late information on changes in grouping, • communication with the Register Office through intermediaries. www.mindop.sk
Solutions of the existing problems Necessary changes • Adjusting of European legislation – Regulation (EC)No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a European Grouping of Territorial Cooperation (EGTC) • Adjusting of national legislation - Act No 90/2008 Coll.on the European Grouping of Territorial Cooperation (EGTC)and on the amendment of Act No 540/2001 Coll. on state statistics, as amended www.mindop.sk
Looking to the future We support so that... • the goal 3 „European territorial cooperation“ was included in a development and investment partnership contract after 2013; • could create the bilateral EGTC from between regions from Member States of EU and regions from States that are not Member States of EU; • were the appurtenances of convention and statutes changed and supplemented; • was the date of the application of this Regulation identified to six months from the date of the entry into force; • „public enterprises“ could become the members of EGTC. www.mindop.sk
Looking to the future We don´t support so that... • the national authorities could be the members of EGTC, • were delegated at EGTC the responsibilities of a managing authority, • was the approval procedure limited to the convention; • extended the period for approval by a Member State; • the changes of convention and statutes wouldbeannouncedto all participating Member States; • the existing EGTC has thedutyto adjust its convention and statutes in the regulation of EGTC. www.mindop.sk
The concluding exaluation The anticipation in the hithermost period: • increase to count of registered EGTC; • Slovak to Polish territory, • Slovak to Czech territory, • Slovak to Ukrainian territory; • the active participation of Ministry of Transport, Construction and Regional Development of the Slovak Republic at make-ready of changes in the legislative framework of EGTC and a support to the formation of new EGTC with a head in Slovakia. www.mindop.sk
Thank you for attention. Mgr. Zuzana Hofericová Section of Coordination of EU Funds, Department of Regional Policy e-mail: zuzana.hofericova@mindop.sk, tel.: + 421 2 59 49 46 18 Ministry of Transport, Construction and Regional Developmentof the Slovak Republic Námestie slobody 6, 810 05 Bratislava 15