Changes from adopted text to adopted text

Removed2. Each Member State or each territorial entity with legislative powers in that Member State may decide to entrust the respective Cross-border Coordination Point also with the following tasks:

Removed(a) where applicable, to conclude Commitments or Statements pursuant to Articles 16(2) and 17(2);

Removed(b) upon request from a given initiator, support that initiator by, among other things, identifying the competent committing authority in the same Member State or the competent transferring authority in another Member State;

Removed(c) upon request from a given competent committing authority located in another Member State without its own Cross-border Coordination point, perform the preliminary analysis of an initiative document; [Am. 25]

Removed(d) monitor the implementation of all Commitments and Statements concerning the territory of its Member State;

Removed(e) remind the competent committing authority to comply with the deadlines established by in a given Commitment or Statement and request a reply within a given deadline;

Removed(f) inform the authority supervising the competent committing authority on any missed deadlines as established in a given Commitment or Statement.

Removed3. Where at least one among several legal obstacles concerns an issue of legislative competence at national level, the national Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate with the relevant regional Cross-border Coordination Point or Points in the same Member State, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a competent committing authority at national level.

Removed4. Where none of the legal obstacles concerns an issue of legislative competence at national level, the competent regional Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate, with the other regional Cross-border Coordination Point or Points in the same Member States, in the cases where more than one territorial entity is concerned by the joint project, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a national Cross-border Coordination Point. That competent regional Cross-border Coordination Point shall keep the national Cross-border Coordination Point informed about any Commitment or Statement procedure.

RemovedArticle 7 Coordination tasks of the Commission

Removed1. The Commission shall fulfil the following coordination tasks:

Removed(a) liaise with the Cross-border Coordination Points;

Removed(b) create, publish and keep an up-dated list database of all national and regional Cross-border Coordination Points; [Am. 26]

Removed(c) set up and maintain a database on all Commitments and Statements.

Removed1a. The Commission shall prepare a supporting communication strategy with the aim of:

Removed(a) promoting the exchange of best practices;

Removed(b) providing practical information and interpretation of the subject area and the thematic focus of this Regulation; and

Removed(c) clarifying the precise procedure for concluding a Commitment or Statement. [Am. 27]

Removed2. The Commission shall adopt an implementing act with regard to the functioning of the database referred to in point (c) of paragraph 1 and the forms to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 23(2).

RemovedCHAPTER II Procedure for concluding and signing a Commitment or for signing a Statement

RemovedArticle 8 Preparation and submission of the initiative document

Removed1. The initiator shall identify the one or more legal obstacle obstacles with regard to the planning, development, staffing, financing or functioning of a joint project. [Am. 28]

Removed2. The initiator shall be one of the following:

Removed(a) the public or private body responsible for initiating or both initiating and implementing a joint project;

Removed(b) one or more local or regional authorities located in a given cross-border region or exercising public power in that cross-border region;

Removed(c) a body with or without legal personality set up for cross-border cooperation located in or covering at least partially a given cross-border region, including European groupings of territorial cooperation under Regulation (EC) No 1082/2006, Euroregions, Euregios and similar bodies;

Removed(d) an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; or

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

Removed3. The initiator shall prepare an initiative document drafted in accordance with Article 9.

Removed4. 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.

RemovedArticle 9 Content of the initiative document

Removed1. The initiative document shall include at least the following elements:

Removed(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]

Removed(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]

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

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

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

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

Removed2. The area of application shall be limited to the minimum necessary for the effective implementation of the joint project.

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

Removed1. 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]

Removed1a. 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]

Removed2. 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]

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

Removed(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;

Removed(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;

Removed(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]

Removed(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]

Removed(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;

Removed(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]

Removed(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]

Removed3. 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.

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

RemovedUpon 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]

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

Removed1. 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]

Removed2. 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]

Removed3. 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]

Removed4. 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]

Removed5. 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.