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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 of the egtc in slovakia

Implementation ofthe EGTC in Slovakia

Hungary, Lovasberény, 27 - 28 February 2012

legislation in slovakia
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
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 egtc in slovakia
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
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 e xisting egtc
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
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 egtc1
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 egtc2
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 egtc3
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
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
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
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
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 future1
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 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 a ttention

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