Changes from plenary report to adopted text

Added(e) several of the entities referred to in points (a) to (d) jointly.

Added3. The initiator shall prepare an initiative document drafted in accordance with Article 9.

Added4. The initiator shall submit the initiative document to the competent Cross-border Coordination Point of the committing Member State and send a copy to the competent Cross-border Coordination Point of the transferring Member State.

AddedArticle 9 Content of the initiative document

Added1. The initiative document shall include at least the following elements:

Added(a) a description of the joint project and of its context, of the one or more corresponding legal obstacle obstacles in the committing Member State as well as of the rationale for resolving the one or more legal obstacle obstacles; [Am. 29]

Added(b) a list of the specific legal provisions of the transferring Member State resolving the one or more legal obstacle obstacles or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution; [Am. 30]

Added(c) a justification for the area of application;

Added(d) the foreseeable duration or, where duly justified, its unlimited duration;

Added(e) a list of the competent committing authority or authorities;

Added(f) a list of the competent transferring authority or authorities.

Added2. The area of application shall be limited to the minimum necessary for the effective implementation of the joint project.

AddedArticle 10 Preliminary analysis of the initiative document by the committing and transferring Member State or States [Am. 31]

Added1. The competent Cross-border Coordination Point of the committing Member State shall analyse the initiative document. It shall liaise with all competent committing authorities and with the national or, where relevant, other regional Cross-border Coordination Points in the committing Member State and with the national Cross-border Coordination Point in the transferring Member State. [Am. 32]

Added1a. Within three months of receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State. [Am. 33]

Added2. Within three six months after receipt of the initiative document the competent Cross-border Coordination Point of the committing Member State shall take one or more of the following actions, to be transmitted to the initiator in writing: [Am. 34]

Added(a) inform the initiator that the initiative document was prepared in accordance with Article 9 and is therefore admissible;

Added(b) request, if necessary, the submission of a revised initiative document or of additional specific information while setting out why and in which aspect the initiative document is not considered sufficient;

Added(c) inform the initiator about its assessment that there is no legal obstacle while setting out the reasons and also referring to the means of legal redress against that decision under the law of the committing Member State;

Added(d) inform the initiator about its assessment that the one or more legal obstacle consists obstacles consist in one of the cases listed in Article 12(4) and describe the commitment of the competent committing authority, to change or adapt that legal obstacle; [Am. 35]

Added(e) inform the initiator about its assessment that the one or more legal obstacle consists obstacles consist in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State; [Am. 36]

Added(f) commit itself towards the initiator to find a resolution to the legal obstacle or obstacles within six months, either by signing a Commitment with the Cross-border Coordination point of the transferring Member State or with the competent transferring authority, as designated by the transferring Member State, or by proposing an ad hoc legal resolution within the legal framework of the committing Member State;

Added(fa) redirect the initiator to opt for an existing mechanism as referred to in Article 4(2) to resolve one or more legal obstacles hampering the implementation of the joint project or to directly transmit the initiative document to the competent body under the corresponding mechanism; [Am. 37]

Added(fb) inform the initiator that one or more of the Member States concerned have decided not to resolve one or more of the legal obstacles identified by the initiator while setting out the reasons for that decision in writing. [Am. 38]

Added3. In duly justified cases, the competent committing authority may extend the deadline referred to in point (f) of paragraph 2 once, by a maximum of six months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

AddedArticle 11 Preliminary analysis of the initiative document by the transferring Member State

AddedUpon receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall also carry out the tasks listed in Article 10(2) and may send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State. [Am. 39]

AddedArticle 12 Follow-up on the preliminary analysis of the initiative document

Added1. Where the competent Cross-border Coordination Point of the committing Member State requests a revised initiative document or additional specific information, it shall analyse the revised initiative document or the additional specific information or both and take, within three six months after receipt thereof, the actions as if the initiative document was submitted for the first time. [Am. 40]

Added2. Where the competent Cross-border Coordination Point of the committing Member State considers that the revised initiative document is still not prepared in accordance with Article 10 or that the additional specific information is still not sufficient, it shall, within three six months after receipt of the revised initiative document, inform the initiator in writing about its decision to end the procedure. This decision shall be duly justified. [Am. 41]

Added3. Where the analysis by the competent Cross-border Coordination Point of the committing Member State or the competent committing authority concludes that the one or more legal obstacle obstacles described in the initiative document are based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation, the procedure ends by informing the initiator about the assessment that there is no legal obstacle. [Am. 42]

Added4. Where the one or more legal obstacle obstacles consist only in an administrative provision, rule or administrative practice of the committing Member State or in an administrative provision, rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure, the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision, rule or administrative practice within eight months. [Am. 43]

Added5. In duly justified cases, the competent committing authority may extend the deadline referred to in paragraph 4 once by a maximum of eight months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

AddedArticle 13 Preparation of the draft Commitment or Statement

AddedThe Cross-border Coordination Point or the competent committing authority of the committing Member State shall draw up a draft Commitment or a draft Statement in accordance with Article 14, based on the initiative document.

AddedArticle 14 Content of the draft Commitment and draft Statement

Added1. The draft Commitment shall include at least the following elements:

Added(a) the description of the joint project and of its context, of the one or more corresponding legal obstacle obstacles as well as of the rationale for resolving the one or more legal obstacle obstacles; [Am. 44]

Added(b) the list of the specific legal provision or provisions constituting the one or more legal obstacle obstacles and which shall therefore not apply to the joint project; [Am. 45]

Added(c) the area of application;

Added(d) the duration of the application and a justification for that duration;

Added(e) the competent committing authority or authorities;

Added(f) the specific legal provision of the transferring Member State which shall apply to the joint project;

Added(g) the proposal of the ad hoc legal resolution, where no appropriate legal provision exists in the legal framework of the transferring Member State;

Added(h) the competent transferring authority or authorities;

Added(i) the authority or authorities from the committing Member State competent for the implementation and monitoring;

Added(j) the authority or authorities from the transferring Member State which are proposed to be designated jointly for the implementation and monitoring;

Added(k) the date of its entry into force.

AddedThe date of entry into force referred to in point (k) shall be either the date when the last of the two Cross-border Coordination Points or competent authorities have signed or the date when it has been notified to the initiator.

Added2. In addition to the elements listed in paragraph 1, the draft Commitment shall also include a date of application which may be

Added(a) set at the same date as its entry into force;

Added(b) set with retroactive effect;

Added(c) deferred to a date in the future.

Added3. In addition to the elements listed in paragraph 1, the draft Statement shall also include a formal statement of the date or dates by which each competent committing authority shall submit a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

AddedThe date referred to in the first subparagraph shall not be later than twelve months after the conclusion of the Statement.

AddedArticle 15 Transmission of the draft Commitment or draft Statement

Added1. Where the competent committing authority has prepared the draft Commitment or draft Statement, it shall transmit this draft to the competent Cross-border Coordination Point of the committing Member State:

Added(a) within a maximum of three six months after having transmitted information under Article 10(2) or Article 12(1) and (2); [Am. 46]

Added(b) within a maximum of eight months pursuant to Article 12(4) and (5).

Added2. Where the competent Cross-border Coordination Point of the committing Member State has prepared the draft Commitment or draft Statement or where it has received it from the competent committing authority it shall transmit this draft to the competent Cross-border Coordination Point of the transferring Member State within the periods referred to in point (a) or (b) of paragraph 1.