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Adopted text

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

TA-8-2019-0118 · P8_TA(2019)0118 · PE628.357

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Written by a language model from the full text only; every figure comes from the text. The paragraph links open the paragraph a statement rests on — check the text itself before relying on it.

Parliament's amended version of the proposed regulation sets up a voluntary mechanism for member states to resolve legal and administrative obstacles in cross-border regions by applying another member state's legal provisions to a joint project. The mechanism consists of a self-executing European Cross-Border Commitment or a European Cross-Border Statement requiring a legislative procedure. It applies to land and maritime border regions at NUTS level 3, and may be extended voluntarily to maritime and external borders. Member states may opt for the mechanism or use existing alternatives. They must establish Cross-border Coordination Points to manage procedures, and the Commission coordinates at Union level. The text details procedures for initiating, concluding, implementing, and monitoring Commitments and Statements, including deadlines and legal protection for affected persons.

Key points

  1. The mechanism is voluntary and allows member states to apply another member state's legal provisions to a joint project in a cross-border region, either through a self-executing Commitment or a Statement requiring legislative procedure.
  2. The regulation applies to cross-border regions defined as neighbouring land or maritime border regions at NUTS level 3, and may be extended to maritime borders and third countries on a voluntary basis.
  3. Member states may choose to use existing mechanisms instead of this one, and must inform the Commission of their decisions.
  4. Each member state opting for the mechanism must establish or designate Cross-border Coordination Points at national or regional level to coordinate procedures.
  5. Initiators of a joint project can be public or private bodies, local or regional authorities, cross-border cooperation bodies, or specialised organisations; they must submit an initiative document.
  6. The committing member state's Coordination Point must analyse the initiative document within six months and may request revisions, inform of no obstacle, or commit to finding a resolution within six months.
  7. The transferring member state's Coordination Point must send a preliminary reaction within three months and may agree, refuse, or amend the draft Commitment or Statement within six months.
  8. Commitments and Statements must include details such as the joint project, legal obstacles, applicable legal provisions, area of application, duration, and competent authorities.
  9. Implementation of a Commitment requires amending or adopting administrative acts according to a timetable; implementation of a Statement requires submitting a legislative proposal by a set date.
  10. Monitoring of Commitments and Statements can be entrusted to authorities of either the committing or transferring member state, with legal protection for affected persons before courts of the committing member state, except for administrative acts where the issuing state's courts are competent.
  11. The Commission must set up and maintain a database on Commitments and Statements and adopt an implementing act on its functioning, assisted by the Coordination Committee for the European Structural and Investment Funds.
  12. Member states must make provisions for effective application and inform the Commission; the Commission must report on the regulation's application after five years, following a public consultation.

Who is affected

  • Public and private bodies initiating joint projects in cross-border regions can use the mechanism to resolve legal obstacles.
  • Local and regional authorities in cross-border regions can initiate the mechanism and may be responsible for implementing Commitments or Statements.
  • Cross-border cooperation bodies such as EGTCs, Euroregions, and similar organisations can initiate the mechanism.
  • Persons resident in cross-border regions affected by the application of a Commitment or Statement have legal redress before the courts of the committing member state.

Figures and deadlines

  • Three months for the transferring member state's preliminary reaction to an initiative document.
  • Six months for the committing member state to take action on an initiative document.
  • Six months for the committing member state to find a resolution to legal obstacles.
  • Eight months for changing or adapting administrative provisions without legislative procedure.
  • Twelve months after conclusion of a Statement for submitting a legislative proposal.
  • Six months for the transferring member state to examine and respond to a draft Commitment or Statement.
  • Three months for the committing member state to finalise and sign after receiving the transferring member state's reply.
  • Five years after entry into force for the Commission's report on application.

Legal basis: Third paragraph of Article 175 of the Treaty on the Functioning of the European Union