Changes from plenary report to adopted text

Added3. In both cases, a copy shall also be sent for information to the initiator.

AddedArticle 16 Tasks of the transferring Member State in concluding and signing the Commitment or in signing the Statement

Added1. The competent Cross-border Coordination Point of the transferring Member State shall examine the draft Commitment or draft Statement received pursuant to Article 15 and, within a maximum of three six months after receipt of the draft and after consulting the competent transferring authorities, take one or more of the following actions: [Am. 47]

Added(a) agree with the draft Commitment or draft Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the committing Member State;

Added(b) agree with the draft Commitment or draft Statement, after correcting or supplementing the information referred to in points (f) and (h) of Article 14(1), sign two original copies of the revised draft Commitment or draft Statement and send one back to the competent Cross-border Coordination Point of the committing Member State;

Added(c) refuse to sign the draft Commitment or draft Statement and transmit a detailed justification to the competent Cross-border Coordination Point of the committing Member State;

Added(d) refuse to sign the draft Commitment or draft Statement and send back an amended draft as regards the information referred to in points (c), (d) and, where relevant, (g) of Article 14(1), as well as for the draft Commitment the information referred to under Article 14(2), with a justification for the amendments to the competent Cross-border Coordination Point of the committing Member State.

Added2. In Member States where the competent transferring authority shall sign a Commitment or Statement, the competent Cross-border Coordination Point of the transferring Member State shall send, in accordance with points (a) and (b) of paragraph 1, one of the two original copies signed by the competent transferring authority to the competent Cross-border Coordination Point of the committing Member State. [Am. 48]

Added3. Where the transferring Member State agrees in accordance with point (a) or (b) of paragraph 1 to sign a Commitment or a Statement, it shall, in addition, explicitly confirm or refuse that the competent authority or authorities which are proposed to be designated jointly for the implementation and monitoring of the Commitment or the Statement pursuant to point (j) of Article 14(1) shall assume those tasks to be carried out in the area of application.

AddedArticle 17 Tasks of the committing Member State in concluding and signing the Commitment or in signing the Statement

Added1. The competent Cross-border Coordination Point of the committing Member State shall examine the reply transmitted by the competent Cross-border Coordination Point of the transferring Member State and take, within a maximum of one month three months after its receipt one or more of the following actions, to be transmitted to the competent transferring authority in writing: [Am. 49]

Added(a) in the case of point (a) of paragraph 2 Article 16(1), finalise the Commitment or the Statement, sign two three original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 50]

Added(b) in the case of point (b) of paragraph 2 Article 16(1), amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign two three original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature; [Am. 51]

Added(c) in the case of point (c) of paragraph 2 Article 16(1), inform the initiator and the Commission, while adding the justification as set out by the competent transferring authority; [Am. 52]

Added(d) in the case of point (d) of paragraph 2 Article 16(1), consider the amendments and either proceed as under point (b) of this paragraph or relaunch a second procedure proceed as under Article 9 point (c) of this paragraph setting out why some or all of the amendments could not be accepted by the competent committing authority. [Am. 53]

Added2. Upon receipt of the Commitment or the Statement, as also signed by the competent Cross-border Coordination Point or competent transferring authority in the cases of point (a) or (b) of paragraph 1 or, where the competent Cross-border Coordination Point of the transferring Member State has reacted positively under the second procedure of point (d) of paragraph 1, the competent Cross-border Coordination Point of the committing Member State shall: [Am. 54]

Added(a) transmit the final Commitment or Statement to the initiator;

Added(b) transmit the second original copy to the competent Cross-border Coordination Point of the transferring Member State;

Added(c) send a copy to all competent committing authorities;

Added(d) send a copy to the coordination point at Union level; and

Added(e) request the competent service in the committing Member State responsible for official publications to publish the Commitment or the Statement.

AddedCHAPTER III Implementation and monitoring of Commitments and Statements

AddedArticle 18 Implementation of the Commitment

Added1. The information referred to under point (c) of Article 17(2) and sent to all competent committing authorities concerned, shall be accompanied by a timetable, by which each of those authorities shall, where relevant, amend any administrative act adopted under the applicable law with regard to the joint project and adopt any administrative act necessary to apply the Commitment to the joint project in order to apply to it the legal provision of the transferring Member State or an ad hoc legal resolution.

Added2. A copy of the timetable shall be sent to the national and, where relevant, regional Cross-border Coordination Point of the committing Member State.

Added3. Any administrative act referred to in paragraph 1 shall be adopted and notified to the initiator, in particular to the public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

Added4. Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

Added5. The Cross-border Coordination Point of the transferring Member State shall inform, where relevant, the competent transferring authorities.

AddedArticle 19 Implementation of the Statement

Added1. Each competent committing authority listed in a Statement under Article 14(3) shall submit by the respective date fixed in the signed Statement a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

Added2. In case the respective date fixed in the signed Statement cannot be respected, in particular in view of upcoming elections for the competent legislative body, the competent committing authority shall inform in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States.

Added3. Once a formal proposal has been submitted to the respective legislative body, the respective competent committing authority shall up-date in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States about the monitoring in the respective legislative body, and this every six months after the date of formal submission.

Added4. Upon entry into force of the amending legislative act or its publication in the official Gazette or both, each competent committing authority shall amend any administrative act adopted under the applicable national law with regard to the joint project and adopt any administrative act necessary to apply the amended legal provisions to the joint project.

Added5. Any administrative act as referred to in paragraph 4 shall be adopted and notified to the initiator, in particular where this initiator is a public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

Added6. Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

Added7. The Cross-border Coordination Point of the transferring Member State shall, where relevant, inform the competent transferring authorities.

AddedArticle 20 Monitoring of Commitments and Statements

Added1. Based on the administrative acts referred to in Articles 18(1) and 19(4), the committing and transferring Member States shall decide whether the monitoring of the application of a Commitment or of the amended national legislation pursuant to a Statement shall be entrusted to the authorities of the transferring Member State, in particular due to their expertise with the legal provisions transferred, or to the authorities of the committing Member State.

Added2. Where the monitoring of the application of the transferred legal provisions is entrusted to the authorities of the transferring Member State, the committing Member State shall decide, in agreement with transferring Member States, whether the authorities of the transferring Member State shall act with regard to the addressees of the monitoring tasks on behalf and in the name of the authorities of the committing Member State or on behalf, but in their own name.

AddedCHAPTER IV Legal protection against the application and monitoring of Commitments and Statements

AddedArticle 21 Legal protection against the application of a Commitment or Statement

Added1. Any person resident in the territory covered by a Commitment or Statement or, although not resident in that territory, being user of a service of general economic interest provided in that territory ('person resident in the cross-border region'), who considers itself wronged by the acts or omissions by the application, pursuant to a Commitment or a Statement, of a legal provision of a transferring Member State shall be entitled to seek legal redress before the courts of the committing Member State.

Added2. However, the competent courts for legal redress against any administrative acts adopted under Article 18(3) and 19(5) shall be exclusively the courts of the Member State whose authorities issued the administrative act.

Added3. Nothing in this Regulation shall deprive persons from exercising their national constitutional rights of appeal against authorities which are parties of a Commitment in respect of:

Added(a) administrative decisions in respect of activities which are being carried out pursuant to a Commitment;

Added(b) access to services in their own language; and

Added(c) access to information.

AddedIn these cases the competent courts shall be those of the Member State under whose constitution the rights of appeal arise.

AddedArticle 22 Legal protection against the monitoring of Commitments or Statements

Added1. Where the competent transferring authority has accepted to monitor the application of the legal provisions of the transferring Member State in the relevant area and can act in its own name towards persons resident in the cross-border region of the committing Member State, the competent courts for legal redress against any action or omission by that authority shall be the courts of the Member State where those persons have their legal residence.

Added2. Where the competent transferring authority has accepted to monitor the application of the legal provisions of the committing Member State on the territory of the committing Member State, but cannot act on its own name towards persons resident in the cross-border region, the competent courts for legal redress against any action or omission by that authority shall be only the courts of the committing Member State, including for persons having their legal residence in the transferring Member State.

AddedCHAPTER V Final provisions

AddedArticle 23 Committee procedure

Added1. The Commission shall be assisted by the Coordination Committee for the European Structural and Investment Funds established by Article 108(1) of Regulation (EU) No .../... [new CPR]. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

Added2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

AddedArticle 24 Implementing provisions in the Member States

Added1. Member States shall make such provisions as are appropriate to ensure the effective application of this Regulation

Added2. By ... [date of application of this Regulation], Member States shall inform the Commission accordingly of any provisions adopted under paragraph 1.

Added3. The Commission shall render public the information received from the Member States.

AddedArticle 25 Reporting