Changes from report parliamentary committee draft to plenary report

The assessment of the initiative document may be complicated and more time consuming than the proposed three months, especially taking into account summer and/or holiday periods.

Change 12

ChangedArticle 10 – paragraph 2 – point f a (new):d: (fa)(d) redirectinform the initiator toabout optits forassessment anthat existingone mechanismor asmore referredlegal toobstacles consist in Articleone 4(2)of tothe resolvecases thelisted legalin obstacleArticle hampering12(4) and describe the implementationcommitment of the jointcompetent projectcommitting authority, to change or adapt that legal obstacle;

Change 13

RemovedArticle 11 – paragraph 1: 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.

AddedArticle 10 – paragraph 2 – point e: (e) inform the initiator about its assessment that one or more legal 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;

RemovedYour rapporteur is of the opinion that preparing a draft commitment or statement as described in article 13 can only happen in good cooperation between committing and transferring Member States. In order to have input from the transferring Member State (who is more familiar with its own legal provisions that might transfer to the committing Member State) he changes this article to oblige the transferring Member State to send their preliminary reaction to the analysis of the initiative document.

AddedArticle 10 – paragraph 2 – point f a (new): (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 correspondingt mechanism;

AddedArticle 10 – paragraph 2 – point f b (new): (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.

AddedArticle 11: deleted / (deleted) / (deleted)

Article 12 – paragraph 1: 1. 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 six months after receipt thereof, the actions as if the initiative document was submitted for the first time.

Article 12 – paragraph 2: 2. 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 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.

Change 14

ChangedArticle 1312 – paragraph 1:3: The3. Cross-borderWhere Coordinationthe Pointanalysis orby the competent committingCross-border authorityCoordination Point of the committing Member State shallor drawthe upcompetent acommitting draftauthority Commitmentconcludes that one or amore draftlegal Statementobstacles described in accordancethe withinitiative Articledocument 14,is based on thea initiativemisunderstanding documentor andmisinterpretation itsof preliminarythe analysisrelevant thereoflegislation asor wellon the preliminary reactionlack of sufficient information about the competentrelevant Cross-borderlegislation, Coordinationthe Pointprocedure ofends by informing the transferringinitiator Memberabout Statethe asassessment referredthat tothere inis Articleno 11.legal obstacle.

Change 15

AddedArticle 12 – paragraph 4: 4. Where one or more legal obstacles consists only in an administrative provision, rule or administrative practice of the committing Member State or in a 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.

AddedArticle 14 – paragraph 1 – subparagraph 1 – point a: (a) the description of the joint project and of its context, of one or more corresponding legal obstacles as well as of the rationale for resolving one or more legal obstacles;

AddedArticle 14 – paragraph 1 – subparagraph 1 – point b: (b) the list of the specific legal provision or provisions constituting one or more legal obstacles and which shall therefore not apply to the joint project;

▸4 unchanged paragraphs

Article 15 – paragraph 1 – point a: (a) within a maximum of six months after having transmitted information under Article 10(2) or Article 12(1) and (2);

Article 16 – paragraph 1 – introductory part: 1. 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 six months after receipt of the draft and after consulting the competent transferring authorities, take one or more of the following actions:

Article 16 – paragraph 2: 2. 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.

Article 17 – paragraph 1 – introductory part: 1. 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 three months after its receipt one or more of the following actions, to be transmitted to the competent transferring authority in writing:

Change 16

ChangedArticle 17 – paragraph 1 – point a: (a) in the case of point (a) of Article 16(1), finalise the Commitment or the Statement, sign twothree original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;

Change 17

ChangedArticle 17 – paragraph 1 – point b: (b) in the case of point (b) of 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 twothree original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;

Article 17 – paragraph 1 – point c: (c) in the case of point (c) of Article 16(1), inform the initiator and the Commission, while adding the justification as set out by the competent transferring authority;

Article 17 – paragraph 1 – point d: (d) in the case of point (d) of Article 16(1), consider the amendments and either proceed as under point (b) of this paragraph or proceed as under point (c) of this paragraph setting out why some or all of the amendments could not be accepted by the competent committing authority.

Article 17 – paragraph 2 – introductory part: 2. 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 points (a) or (b) of paragraph 1, the competent Cross-border Coordination Point of the committing Member State shall:

Change 18

ChangedArticle 25 – paragraph25: 1:1. By dd mm yyyy [i.e. the 1st of the month following the entry into force of this Regulation + three years; to be filled in by the Publication Office], the Commission shall present a report to the European Parliament, the Council and the Committee of the Regions assessing the application of this Regulation based on indicators on its effectiveness, efficiency, relevance, European added value and scope for simplification. / 2. In the report referred to in paragraph 1, the Commission shall make particular reference to this Regulation’s geographical and thematic scope as defined in points (1) and (2) of Article 3 respectively. / 3. Before the report is prepared, the Commission shall carry out a public consultation with the various actors involved, including local and regional authorities and civil society organisations.