Changes from adopted text to adopted text

RemovedArticle 13 Preparation of the draft Commitment or Statement

RemovedThe Cross-border Coordination Point or the competent committing authority of the committing Member State shall draw up a draft Commitment or a draft Statement in accordance with Article 14, based on the initiative document.

RemovedArticle 14 Content of the draft Commitment and draft Statement

Removed1. The draft Commitment shall include at least the following elements:

Removed(a) the description of the joint project and of its context, of the one or more corresponding legal obstacle obstacles as well as of the rationale for resolving the one or more legal obstacle obstacles; [Am. 44]

Removed(b) the list of the specific legal provision or provisions constituting the one or more legal obstacle obstacles and which shall therefore not apply to the joint project; [Am. 45]

Removed(c) the area of application;

Removed(d) the duration of the application and a justification for that duration;

Removed(e) the competent committing authority or authorities;

Removed(f) the specific legal provision of the transferring Member State which shall apply to the joint project;

Removed(g) the proposal of the ad hoc legal resolution, where no appropriate legal provision exists in the legal framework of the transferring Member State;

Removed(h) the competent transferring authority or authorities;

Removed(i) the authority or authorities from the committing Member State competent for the implementation and monitoring;

Removed(j) the authority or authorities from the transferring Member State which are proposed to be designated jointly for the implementation and monitoring;

Removed(k) the date of its entry into force.

RemovedThe date of entry into force referred to in point (k) shall be either the date when the last of the two Cross-border Coordination Points or competent authorities have signed or the date when it has been notified to the initiator.

Removed2. In addition to the elements listed in paragraph 1, the draft Commitment shall also include a date of application which may be

Removed(a) set at the same date as its entry into force;

Removed(b) set with retroactive effect;

Removed(c) deferred to a date in the future.

Removed3. In addition to the elements listed in paragraph 1, the draft Statement shall also include a formal statement of the date or dates by which each competent committing authority shall submit a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

RemovedThe date referred to in the first subparagraph shall not be later than twelve months after the conclusion of the Statement.

RemovedArticle 15 Transmission of the draft Commitment or draft Statement

Removed1. Where the competent committing authority has prepared the draft Commitment or draft Statement, it shall transmit this draft to the competent Cross-border Coordination Point of the committing Member State:

Removed(a) within a maximum of three six months after having transmitted information under Article 10(2) or Article 12(1) and (2); [Am. 46]

Removed(b) within a maximum of eight months pursuant to Article 12(4) and (5).

Removed2. Where the competent Cross-border Coordination Point of the committing Member State has prepared the draft Commitment or draft Statement or where it has received it from the competent committing authority it shall transmit this draft to the competent Cross-border Coordination Point of the transferring Member State within the periods referred to in point (a) or (b) of paragraph 1.

Removed3. In both cases, a copy shall also be sent for information to the initiator.

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

Removed1. 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]

Removed(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;

Removed(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;

Removed(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;

Removed(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.

Removed2. 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]

Removed3. 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.

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

Removed1. 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]

Removed(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]

Removed(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]

Removed(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]

Removed(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]

Removed2. 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]

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

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

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

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

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

RemovedCHAPTER III Implementation and monitoring of Commitments and Statements

RemovedArticle 18 Implementation of the Commitment

Removed1. 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.

Removed2. A copy of the timetable shall be sent to the national and, where relevant, regional Cross-border Coordination Point of the committing Member State.

Removed3. 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.

Removed4. 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.

Removed5. The Cross-border Coordination Point of the transferring Member State shall inform, where relevant, the competent transferring authorities.

RemovedArticle 19 Implementation of the Statement

Removed1. 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.

Removed2. 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.

Removed3. 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.

Removed4. 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.