Changes from plenary report to adopted text

Added(1) 'cross-border region' means the territory covered by neighbouring land or maritime border regions in two or more Member States at NUTS level 3 regions; [Am. 17]

Added(2) 'joint project' means any item of infrastructure with an impact in a given cross-border region or any service of general economic interest provided in a given cross-border region, regardless of whether this impact appears on both sides of the border or only on one side thereof; [Am. 18]

Added(3) 'legal provision' means any legal or administrative provision, rule or administrative practice applicable to a joint project, regardless whether adopted or implemented by a legislative or executive body;

Added(4) 'legal obstacle' means any legal provision with regard to the planning, development, staffing, financing or functioning of a joint project that obstructs the inherent potential of a border region when interacting across the border;

Added(5) 'initiator' means the actor who identifies the one or more legal obstacle obstacles and triggers the Mechanism by submitting an initiative document; [Am. 19]

Added(6) 'initiative document' means the document prepared by one or more initiators to trigger the Mechanism;

Added(7) 'committing Member State' means the Member State on the territory of which one or more legal provisions from a transferring Member State will apply under a given European Cross-border Commitment (the “Commitment”) or European Cross-border Statement (the “Statement”) or where, in the absence of an appropriate legal provision, an ad hoc legal resolution will be established;

Added(8) 'transferring Member State' means the Member State whose legal provisions will apply in the committing Member State under a given Commitment or Statement;

Added(9) 'competent committing authority' means the authority in the committing Member State competent to accept the application of the legal provisions of the transferring Member State on its territory under a given Commitment or, in the case of a Statement, to commit itself to starting the legislative procedure needed for a derogation from its domestic legal provisions;

Added(10) 'competent transferring authority' means the authority in the transferring Member State competent for the adoption of the legal provisions which will apply in the committing Member State and for its application on its own territory or for both;

Added(11) 'area of application' means the area in the committing Member State where the legal provision of the transferring Member State or an ad hoc legal resolution shall apply.

AddedArticle 4 Member States' options for resolving legal obstacles

Added1. Member State shall either States may opt for the Mechanism or opt for existing other ways to resolve legal obstacles hampering the implementation of a joint project in cross-border regions on a specific border with one or more neighbouring Member States. [Am. 20]

Added2. A Member State may also decide, with regard to a specific border joint project in cross-border regions, with one or more neighbouring Member States, to join an existing effective way set up formally or informally by one or more neighbouring Member States or shall apply the Mechanism in respect of the Statement. [Am. 21]

Added3. Member States may also use apply the Mechanism in cross-border regions on maritime borders or to a joint project in a cross-border regions region between one or more Member States and one or more third countries or one or more overseas countries and territories on a voluntary basis in relation to all parties concerned. [Am. 22]

Added4. Member States shall inform the Commission about any decision taken under this Article.

AddedArticle 5 Cross-border Coordination Points

Added1. Where a Each Member State opts for the Mechanism, it shall establish or designate one or more Cross-border Coordination Points in one of the following ways: [Am. 23]

Added(a) designate, at national or regional level or at both levels, a Cross-border Coordination Point as a separate body;

Added(b) set up a Cross-border Coordination Point within an existing authority or body, at national or regional level;

Added(c) entrust an appropriate authority or body with the additional tasks as national or regional Cross-border Coordination Point.

Added2. Committing Member States and transferring Member States shall also determine:

Added(a) whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may conclude and sign a Commitment and decide the applicable national law will be derogated from the date of the entry into force of that Commitment; or

Added(b) whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may sign a Statement and state formally therein that the competent committing authority will do the necessary as to legislative or other acts be taken by the competent legislative bodies in that Member State by a given deadline.

Added3. The Member States shall inform the Commission of the designated Cross-border Coordination Points by the date of the start of application of this Regulation.

AddedArticle 6 Tasks of Cross-border Coordination Points

Added1. Each Cross-border Coordination Point shall have at least the following tasks:

Added(a) implement the procedure set out in Articles 10 and 11;

Added(b) coordinate the preparation, signature, implementation and monitoring for all Commitments and Statements concerning the territory of its Member State;

Added(c) build up and maintain a database covering all Cross-border Coordination Points concerning the territory of its Member State;

Added(d) liaise, where they exist, with the Cross-border Coordination Points in the neighbouring Member State or States and with the Cross-border Coordination Points in other territorial entities with legislative powers of its own Member State or another Member State; [Am. 24]

Added(e) liaise with the Commission;

Added(f) support the Commission as regards its database on Statements and Commitments.

Added2. Each Member State or each territorial entity with legislative powers in that Member State may decide to entrust the respective Cross-border Coordination Point also with the following tasks:

Added(a) where applicable, to conclude Commitments or Statements pursuant to Articles 16(2) and 17(2);

Added(b) upon request from a given initiator, support that initiator by, among other things, identifying the competent committing authority in the same Member State or the competent transferring authority in another Member State;

Added(c) upon request from a given competent committing authority located in another Member State without its own Cross-border Coordination point, perform the preliminary analysis of an initiative document; [Am. 25]

Added(d) monitor the implementation of all Commitments and Statements concerning the territory of its Member State;

Added(e) remind the competent committing authority to comply with the deadlines established by in a given Commitment or Statement and request a reply within a given deadline;

Added(f) inform the authority supervising the competent committing authority on any missed deadlines as established in a given Commitment or Statement.

Added3. Where at least one among several legal obstacles concerns an issue of legislative competence at national level, the national Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate with the relevant regional Cross-border Coordination Point or Points in the same Member State, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a competent committing authority at national level.

Added4. Where none of the legal obstacles concerns an issue of legislative competence at national level, the competent regional Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate, with the other regional Cross-border Coordination Point or Points in the same Member States, in the cases where more than one territorial entity is concerned by the joint project, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a national Cross-border Coordination Point. That competent regional Cross-border Coordination Point shall keep the national Cross-border Coordination Point informed about any Commitment or Statement procedure.

AddedArticle 7 Coordination tasks of the Commission

Added1. The Commission shall fulfil the following coordination tasks:

Added(a) liaise with the Cross-border Coordination Points;

Added(b) create, publish and keep an up-dated list database of all national and regional Cross-border Coordination Points; [Am. 26]

Added(c) set up and maintain a database on all Commitments and Statements.

Added1a. The Commission shall prepare a supporting communication strategy with the aim of:

Added(a) promoting the exchange of best practices;

Added(b) providing practical information and interpretation of the subject area and the thematic focus of this Regulation; and

Added(c) clarifying the precise procedure for concluding a Commitment or Statement. [Am. 27]

Added2. The Commission shall adopt an implementing act with regard to the functioning of the database referred to in point (c) of paragraph 1 and the forms to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 23(2).

AddedCHAPTER II Procedure for concluding and signing a Commitment or for signing a Statement

AddedArticle 8 Preparation and submission of the initiative document

Added1. The initiator shall identify the one or more legal obstacle obstacles with regard to the planning, development, staffing, financing or functioning of a joint project. [Am. 28]

Added2. The initiator shall be one of the following:

Added(a) the public or private body responsible for initiating or both initiating and implementing a joint project;

Added(b) one or more local or regional authorities located in a given cross-border region or exercising public power in that cross-border region;

Added(c) a body with or without legal personality set up for cross-border cooperation located in or covering at least partially a given cross-border region, including European groupings of territorial cooperation under Regulation (EC) No 1082/2006, Euroregions, Euregios and similar bodies;

Added(d) an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; or