Changes from adopted text to adopted text

Removed(19) The implementation of a self-executing Commitment should consist in the application of national provisions of another Member State when implementing joint projects. This should mean either the amendment of legally binding administrative acts already adopted in accordance with the normally applicable national law or, where this has not yet been done, the adoption of new administrative acts based on the legislation of another Member State within a deadline agreed by all the partners in order to be able to launch joint projects in due time. Where several authorities are each competent for different aspects of a complex legal obstacle, the Commitment should be accompanied by a timetable for each of these aspects. Respecting the subsidiarity principle, the adoption and transmission of those amended or new administrative acts should follow the national law on administrative procedures. [Am. 9]

Removed(20) The implementation of Statements should mainly consist in the preparation and submission of a legislative proposal to amend existing national law or to derogate from it. After adoption, those amendments or derogations should be made public and then also implemented like the Commitments by the amendment and adoption of legally binding administrative acts.

Removed(21) Based on the legally binding acts, the respect for the obligations and rights of the addressees thereof should be monitored. Member States should be allowed to decide whether that monitoring is entrusted to the authorities of the Member State which transferred its legal provisions because those authorities are more familiar with those rules or whether that monitoring is entrusted to the authorities of the Member State where those provisions are applied because those authorities are more familiar with the remaining legal system of the committing Member States and the law governing the addressees.

Removed(22) The protection of persons resident in cross-border regions directly or indirectly affected by the application and monitoring of a Commitment and the amended legislation pursuant to a Statement, who consider themselves wronged by acts or omissions by the application should be clarified. Both for Commitment and Statement, the law of the neighbouring Member State would be applied in the committing Member State as incorporated into its own legislation and the legal protection should therefore be in the remit of the courts of the committing Member States even where persons have their legal residence in the transferring Member State. The same principle should apply for the legal redress against the Member State whose administrative act is challenged. However, a different approach should apply to legal redress against the monitoring of the application of the Commitment or Statement. Where an authority from the transferring Member State has accepted to monitor the application of the amended legal provisions of the committing Member State and can act with regard to persons resident in the cross-border area on behalf of the authorities of the committing Member State, but in its own name, the competent courts should be those of the Member State where those persons have their legal residence. On the other hand, where the competent transferring authority cannot act in its own name, but in the name of the competent committing authority, the competent courts should be those of the committing Member State, regardless of the legal residence of the person.

Removed(23) This Regulation should set out rules on its implementation, the monitoring of its application and on the obligations of the Member States with regard to their national implementing rules.

Removed(24) In order to establish a database according to Article 8 7, implementing powers should be conferred on the Commission to lay down rules on its running, on the protection of data and the model to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. Those powers should be exercised in accordance with the advisory procedure under Regulation (EU) No 182/2011 of the European Parliament and of the Council. For practical and coordination purposes, the ‘Coordination Committee for the European Structural and Investment Funds’ should be the committee competent for the procedure of adoption of implementing acts. [Am. 10]

Removed(25) The national implementing rules are to specify which border regions of a given Member State are covered by the Commitment or the Statement. Consequently, the Commission will be in a position to assess whether for the border which is not mentioned the Member State has opted for a different mechanism. [Am. 11]

Removed(26) This Regulation respects the fundamental rights and observes the principles recognised by the Charter of Fundamental Rights of the European Union, in particular the right to the protection of personal data (Article 8), the right to education (Article 14), the freedom to choose an occupation and the right to engage in work (Article 15), in particular the freedom to seek employment, to work, to exercise the right of establishment and to provide services in any Member State, the freedom to conduct business (Article 16), access to social security and social assistance (Article 34), access to health care (Article 35), and access to services of general economic interest (Article 36) and a high level of environmental protection in accordance with the principle of sustainable development (Article 37). [Am. 12]

Removed(27) The conditions for territorial cooperation should be created in accordance with the subsidiarity principle enshrined in Article 5(3) of the Treaty on European Union (TEU). Member States have undertaken individual, bilateral or even multilateral initiatives to resolve legal border obstacles. However, those mechanisms do not exist in all Member States or not for all borders of a given Member State. The financing instruments (mainly Interreg) and the legal instruments (mainly EGTCs) provided at Union level so far have not been sufficient to resolve legal border obstacles throughout the Union. The objectives of the proposed action can consequently not be sufficiently achieved by the Member States, either at central level or at regional and local level, but can rather, by reason of the scale or effects of the proposed action, be better achieved at Union level. Further action by the Union legislator is therefore needed.

Removed(28) In accordance with the principle of proportionality, as set out in Article 5(4) TEU, the content and form of Union action should not exceed what is necessary to achieve the objectives of the Treaties. The recourse to the specific Mechanism set up under this Regulation to resolve legal obstacles in cross-border regions is voluntary and in no way precludes the use of alternative comparable instruments. Where a Member State decides, on for a specific border joint project with one or more neighbouring Member States, to continue to resolve legal obstacles in a specific cross-border region under the effective mechanisms it has set up at national level or which it has set up formally or informally, together with one or more neighbouring Member States, the Mechanism set up under this Regulation does not need to be selected. Likewise, where a Member State decides, on for a specific border joint project with one or more neighbouring Member States, to join an existing effective mechanism set up formally or informally by one or more neighbouring Member States, provided that mechanism allows for accession, again, the Mechanism set up under this Regulation does not need to be selected. Finally, where a Member State decides together with one or more neighbouring Member States, to set up formally or informally a new effective mechanism to resolve legal obstacles hampering the implementation of a joint project in cross-border regions, the Mechanism set up under this Regulation does not need to be selected. This Regulation does therefore not go beyond what is necessary in order to achieve its objectives for those cross-border regions, for which Member States have no efficient mechanisms to resolve legal obstacles in place. [Am. 13]

Removed(28a) This Regulation should comply with the subsidiarity principle. It does not affect, by any means, the sovereignty of Member States nor contradict their constitutions. [Am. 14]

RemovedHAVE ADOPTED THIS REGULATION:

RemovedCHAPTER I General provisions

RemovedArticle 1 Subject matter

Removed1. This Regulation sets up a voluntary mechanism to allow for the application in one Member State, with regard to a single joint project in a cross-border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute a one or more legal obstacle obstacles hampering the implementation of a joint Project ('the Mechanism'). [Am. 15]

Removed2. The Mechanism shall consist of one of the following measures:

Removed(a) the conclusion of a European Cross-Border Commitment, which is self-executing,

Removed(b) the conclusion of a European Cross-Border Statement which would require a legislative procedure in the Member State.

Removed3. This Regulation also lays down

Removed(a) the organisation and tasks of Cross-border Coordination Points in the Member States,

Removed(b) the coordinating role of the Commission with respect to the Mechanism,

Removed(c) the legal protection of persons resident in a cross-border region or those who live there for a limited period with regard to the Mechanism. [Am. 16]

RemovedArticle 2 Scope

Removed1. This Regulation applies to cross-border regions as defined in point (1) of Article 3.

Removed2. Where a Member State comprises several territorial entities with legislative powers, this Regulation shall also apply to those territorial entities including their respective authorities or legal provisions.

RemovedArticle 3 Definitions

RemovedFor the purposes of this Regulation, the following definitions shall apply:

Removed(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]

Removed(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]

Removed(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;

Removed(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;

Removed(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]

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

Removed(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;

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

Removed(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;

Removed(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;

Removed(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.

RemovedArticle 4 Member States' options for resolving legal obstacles

Removed1. 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]

Removed2. 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]

Removed3. 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]

Removed4. Member States shall inform the Commission about any decision taken under this Article.

RemovedArticle 5 Cross-border Coordination Points

Removed1. 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]

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

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

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

Removed2. Committing Member States and transferring Member States shall also determine:

Removed(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

Removed(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.

Removed3. 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.

RemovedArticle 6 Tasks of Cross-border Coordination Points

Removed1. Each Cross-border Coordination Point shall have at least the following tasks:

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

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

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

Removed(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]

Removed(e) liaise with the Commission;

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