Changes from adopted text to adopted text

RemovedTEXTS ADOPTED

AddedP10_TA(2025)0070

RemovedP8_TA(2019)0118

AddedBorder Regions’ instrument for development and growth (BRIDGEforEU)

RemovedMechanism to resolve legal and administrative obstacles in a cross-border context ***I

Committee on Regional Development

RemovedPE628.357

AddedPE772.096

ChangedEuropean Parliament legislative resolution of 146 FebruaryMay 20192025 on the proposalCouncil forposition at first reading with a view to the adoption of a regulation of the European Parliament and of the Council on a mechanism to resolve legalBorder andRegions’ administrativeinstrument obstaclesfor indevelopment aand cross-bordergrowth context(BRIDGEforEU) (COM(2018)0373(17102/1/2024 – C8-0228/2018C10-0057/2025 – 2018/0198(COD))

Changed(Ordinary legislative procedure: firstsecond reading)

The European Parliament,

Changed– having regard to the CommissionCouncil proposalposition toat Parliamentfirst andreading the(17102/1/2024 Council– (COM(2018)0373),C100057/2025),

Changed– having regard to Article 294(2) and third paragraph of Article 175 of the Treaty on the Functioningopinions of the European Union,Economic pursuantand toSocial whichCommittee theof Commission19 submittedSeptember the2018 proposaland toof Parliament24 (C80228/2018),April 2024,

Changed– having regard to Articlethe 294(3)opinions of the TreatyCommittee onof the FunctioningRegions of the5 EuropeanDecember Union,2018 and of 17 April 2024,

Removed– having regard to the opinion of the European Economic and Social Committee of 19 September 2018,

Added– having regard to its position at first reading on the Commission proposal to Parliament and the Council (COM(2018)0373– 2018/0198(COD),

Changed– having regard to the opinion of the Committee of the Regions ofamended 5Commission Decemberproposal 2018,(COM(2023)0790),

Removed– having regard to the reasoned opinion submitted, within the framework of Protocol No 2 on the application of the principles of subsidiarity and proportionality, by the Swedish Parliament, asserting that the draft legislative act does not comply with the principle of subsidiarity,

Added– having regard to Article 294(7) of the Treaty on the Functioning of the European Union,

Changed– having regard to the provisional agreement approved by the committee responsible under Rule 5975(4) of its Rules of Procedure,

Change 1

Removed– having regard to the report of the Committee on Regional Development and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0414/2018),

Added– having regard to Rule 68 of its Rules of Procedure,

Removed1. Adopts its position at first reading hereinafter set out;

Added– having regard to the recommendation for second reading of the Committee on Regional Development (A10-0058/2025),

Removed2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;

Added1. Approves the Council position at first reading;

Added2. Notes that the act is adopted in accordance with the Council position;

Added3. Instructs its President to sign the act with the President of the Council, in accordance with Article 297(1) of the Treaty on the Functioning of the European Union;

Added4. Instructs its Secretary-General to sign the act, once it has been verified that all the procedures have been duly completed, and, in agreement with the Secretary-General of the Council, to arrange for its publication in the Official Journal of the European Union;

5. Instructs its President to forward its position to the Council, the Commission and the national parliaments.

Change 2

RemovedP8_TC1-COD(2018)0198

RemovedPosition of the European Parliament adopted at first reading on 14 February 2019 with a view to the adoption of Regulation (EU) .../... of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context

RemovedTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

RemovedHaving regard to the Treaty on the Functioning of the European Union, and in particular the third paragraph of Article 175 thereof,

RemovedHaving regard to the proposal from the European Commission,

RemovedAfter transmission of the draft legislative act to the national parliaments,

RemovedHaving regard to the opinion of the European Economic and Social Committee,

RemovedHaving regard to the opinion of the Committee of the Regions,

RemovedActing in accordance with the ordinary legislative procedure,

RemovedWhereas:

Removed(1) The third paragraph of Article 175 of the Treaty on the Functioning of the European Union (TFEU) provides for specific actions to be decided upon outside the Funds which are the subject of the first paragraph of that Article, in order to achieve the objective of social and economic cohesion envisaged by the TFEU. The harmonious development of the entire Union territory and greater economic, social and territorial cohesion imply the strengthening of territorial cooperation. To this end it is appropriate to adopt the measures necessary to improve the implementation conditions for actions of territorial cooperation.

Removed(2) Article 174 TFEU recognises the challenges faced by border regions and provides that the Union should pay particular attention to these regions, when developing and pursuing actions leading to the strengthening of the Union’s economic, social and territorial cohesion. Due to the increase in the number of land and maritime borders, the Union and its immediate neighbours in the European Free Trade Association ('EFTA') have 40 internal land borders.

Removed(2a) To improve the life of citizens in cross-border regions on maritime borders or in cross-border regions between the Member States and third countries, the application of this Regulation and the use of a mechanism to resolve legal and administrative obstacles should be extended to all border regions of the Union, while respecting Union law. [Am. 1]

Removed(3) In its Communication 'Boosting growth and cohesion in EU border regions' ('the Border Regions Communication') the Commission sets out that over the past decades, the European integration process has helped internal border regions to transform from mainly peripheral areas into areas of growth and opportunities. The completion of the Single Market in 1992 has boosted Union productivity and reduced costs through the abolition of customs formalities, harmonisation or mutual recognition of technical rules and lower prices as a result of competition; intra-EU trade has increased by 15 % over 10 years; additional growth has been generated and around 2,5 million more jobs have been created.

Removed(4) The Border Regions Communication has also given evidence of the fact that there still exist a number of legal barriers in border regions, especially those related to health services, labour regulation, taxes, business development, and barriers linked to differences in administrative cultures and national legal frameworks. Neither European Territorial Cooperation funding nor the institutional support to cooperation by the European groupings of territorial cooperation (EGTCs) is sufficient alone to address the resolution of those barriers which constitute real obstacles to effective cooperation.

Removed(5) Since 1990, programmes under the European Territorial Cooperation goal, better known as 'Interreg' have supported cross-border cooperation programmes along Union border regions, including those with EFTA countries. It has financed thousands of projects and initiatives that have helped improve European integration. The main achievements of Interreg programmes include: increased trust, higher connectivity, improved environment, better health and economic growth. From people-to-people projects via infrastructure investments and support to institutional cooperation initiatives, Interreg has made a genuine difference to border regions and has contributed to their transformation. Interreg has also supported cooperation on certain maritime borders. However, legal obstacles are much less an issue for maritime border regions because of the physical impossibility to cross the border daily or several times per week for work, education and training, shopping, the use of facilities and services of general economic interest or a combination or for rapid emergency interventions.

Removed(6) Financial support by Interreg to cross-border cooperation has been complemented by the EGTCs, set up since 2006 under Regulation (EU) No 1082/2006 of the European Parliament and of the Council. However, pursuant to the first subparagraph of Article 7(4) of Regulation (EC) No 1082/2006, EGTCs cannot exercise regulatory powers to resolve legal and administrative obstacles in cross-border context.

Removed(7) In its Border Regions Communication, the Commission referred among other measures to an initiative started under the Luxembourg Presidency in 2015: A number of Member States are considering the merits of a new instrument to simplify cross-border projects by making it possible, on a voluntary basis and agreed by the competent authorities in charge, for the rules of one Member State to apply in the neighbouring Member State. This would apply to an individual project or action limited in time, located within a border region and initiated by local or regional authorities.

Removed(8) Even though a number of effective mechanisms for cross-border cooperation already exist at inter-governmental, regional and local level in certain regions of the Union, they do not cover all border regions in the Union. In order to complement the existing systems, it is therefore necessary to set up a voluntary mechanism to resolve legal and administrative obstacles in all border regions ('the Mechanism'), but this does not prevent the creation of alternative comparable mechanisms according to specific needs at national, regional or local level. [Am. 2]

Removed(9) In full respect of the constitutional and institutional set-up of the Member States, the use of the Mechanism should be is voluntary with regard to those border regions of a given Member State where another effective mechanism exists or could be set up with the neighbouring Member State. It should consist of two measures: the signature and the conclusion of a European Cross-Border Commitment (the 'Commitment') or the signature of a European Cross-Border Statement (the 'Statement'). It should be possible for Member States to choose using an instrument which they consider to be more beneficial. [Am. 3]

Removed(9a) The competent authorities of the Member States, countries, entities or regions involved should adopt, in accordance with their constitutional and legally defined specific competencies, the proposed ad hoc legal solution before concluding and signing the Commitment or signing the Statement pursuant to this Regulation. [Am. 4]

Removed(10) The Commitment should be self-executing, meaning that pursuant to the conclusion of the Commitment certain legal provisions of one Member State are to be applied on the territory of the neighbouring Member State. It should also be acceptable that the Member States are to adopt a legislative act to allow for the conclusion of a Commitment, in order to prevent national legislation formally adopted by a legislative body from being derogated from by an authority other than that legislative body and in breach of legal clarity and transparency or both.

Removed(11) The Statement would still require a legislative procedure in the Member State. The authority concluding the Statement should make a formal statement that it will trigger by a certain deadline the legislative procedure necessary to amend the normally applicable national law and to apply, by way of an explicit derogation, the law of a neighbouring Member State, in order to remove obstacles to the implementation of joint cross-border projects. [Am. 5]

Removed(12) Legal obstacles are predominantly felt by persons interacting on land borders, such as cross-border workers, because people cross borders on a daily or weekly basis. In order to concentrate the effect of this Regulation to the regions closest to the border and with the highest degree of integration and interaction between neighbouring Member States, this Regulation should apply to cross-border regions within the meaning of the territory covered by neighbouring land or maritime border regions in two or more Member States at NUTS level 3 regions. This should not prevent Member States from applying the Mechanism also to maritime and external borders other than those with EFTA countries, on a voluntary basis in relation to all parties concerned. [Am. 6]

Removed(13) In order to coordinate the tasks of different authorities which in some Member States will include national and regional legislative bodies, within a given Member State and between those of one or more neighbouring Member States, each Member State which opts for the Mechanism should be obliged to set up a national and, where applicable appropriate, regional Cross-border Coordination Points and define their tasks and competencies during the different steps of the Mechanism covering initiation, conclusion, implementation and monitoring of Commitments and Statements. [Am. 7]

Removed(14) The Commission should set up a coordination point at Union level, as announced in the Border Regions Communication. That coordination point should liaise with the different national and, where relevant, regional Cross-border Coordination Points. The Commission should set up and maintain a database on Commitments and Statements in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council.

Removed(15) This Regulation should set out the procedure to conclude a Commitment or Statement and describe in detail the different steps; preparation and submission of an initiative document, a preliminary analysis by the Member State which is to apply the legal provisions of the neighbouring Member State, preparation of the Commitment or Statement to be concluded and finally the conclusion procedure both for the Commitment and the Statement. The elements to be covered in the initiative document, the draft and final Commitments and Statements should also be set out in detail as well as the applicable deadlines.

Removed(16) More specifically, this Regulation should define who can be an initiator of a joint project. As the Mechanism should improve the implementation of joint cross-border projects, the first group should be bodies initiating or both initiating and implementing such joint project. The term project should be understood in a broad sense, covering both a specific item of infrastructure or a number of activities with regard to a certain territory or both. Secondly, a local or regional authority located in a given cross-border region or exercising public power in that cross-border region should be empowered to take the initiative to apply national law which constitutes an obstacle, but the amendment of or derogation from that law is outside their institutional competence. Thirdly, bodies set up for cross-border cooperation located in or covering at least partially a given cross-border region, including EGTCs, or similar bodies to organise cross-border development in a structured way should be initiator. Finally, bodies specialised in cross-border cooperation which may also be aware of effective resolutions found elsewhere in the Union for a comparable issue should also be enabled to start an initiative. In order to create synergy of bodies directly affected by the obstacle and those expert in cross-border cooperation in general, all groups may initiate the Mechanism jointly.

Removed(17) The key actor in the Member States requested to conclude a Commitment or Statement should be the respective national or regional Cross-border Coordination Point which is to liaise with all competent authorities in its Member State and with its counterpart in the neighbouring Member State. It should also be clearly established that the Cross-border Coordination Point may decide whether a procedure leading to the conclusion of a Commitment or a Statement is to be launched or whether for one or more legal obstacles a resolution has already found which could be applied. On the other hand, it should also be established that the Member State the legal provisions of which are to be applied in the other Member State may refuse such application outside its territory. Any decision should be duly justified and communicated in due time to all the partners. [Am. 8]

Removed(18) This Regulation should establish detailed rules on the implementation, application and monitoring of Commitments and Statements to be concluded and signed.