1082/2006 of the European Parliament and the Council of 5 July 2006 on a European Grouping of Territorial Cooperation (‘the Regulation’). b) The EUKN EGTC shall be dissolved by the Assembly if a unanimous decision to this effect is made by all its members. The dissolution of the EUKN EGTC takes effect three months after the decision has been taken by the Assembly to dissolve the EUKN EGTC. Before the EUKN EGTC can be dissolved, all outstanding contributions and financial commitments to external parties need to be fulfilled. The initial financial commitment of EUKN members to the EUKN EGTC covers a period of three years (2011-2013). The Netherlands is responsible for coordinating the dissolution process, and will notify the Committee of the Regions at least fifteen days before the date determined for dissolution. The remaining budget will be redistributed to all members of the EUKN EGTC based on their contribution, on condition that all external debtors have been paid. The Netherlands will appoint a liquidator, subject to conditions agreed upon in the Assembly. The EUKN EGTC database will no longer be hosted and will thus cease to exist. The documents in the database can be retrieved by the EUKN members that published the documents in the database (EUKN members remain owners of their own documents). The documents should be retrieved within three months. If another organisation offers to host the EUKN EGTC database, this must be negotiated with the Assembly. The Assembly has the right to take a decision on the proposed takeover. If the database is not taken over, it will cease to exist six months after the official dissolution of the EUKN EGTC. ARTICLE 7 – APPLICABLE LAW Members will comply with the Regulation, the convention and statutes governing the EUKN EGTC, and the national statutory provisions of the Netherlands. The interpretation and enforcement of the convention is subject to Dutch law. The EUKN EGTC operates under public law, as a not-for-profit legal entity. Furthermore, Dutch law is applicable to all administrative procedures, accounting and budgetary rules, and staff contracts. Dutch law does not apply to internal arrangements constituted by the members in the EUKN EGTC and their respective National Focal Points. ARTICLE 8 – ARRANGEMENTS FOR MUTUAL RECOGNITION In the interests of mutual recognition of the legal systems of the EUKN EGTC members from other participating Member States, including for financial control issues, it is agreed that all documentation needed for independent financial control should be made available in English. ARTICLE 9 – PROCEDURES FOR THE CONVENTION 9.1 Procedure for approving the convention in the Netherlands (official seat of the EUKN EGTC)
Articles 4 and 5 of the Regulation, sections 2, 3, 7 and 11 of the Dutch EGTC Regulation Implementation Act, section 34 of the Dutch Government Accounts Act
their internal regulatory procedures and notify the Dutch Minister of the Interior and Kingdom Relations of this approval (Article 4.3 of the Regulation). • The Minister of the Interior and Kingdom Relations decides on the requests made by the relevant authorities to take part in an EGTC based in the Netherlands, according to the following procedure:
The EUKN EGTC must deposit authentic copies of the convention and the statutes at the office of a chamber of commerce. 9.2 Procedure for amending the convention Amendments to the convention require the approval of all members of the EUKN EGTC. A proposal for amendment should be submitted by a member to the Assembly for decision. Each member informs its national notification authority of the purpose of the amendment and together with a copy of the proposal of the amendment. The Netherlands will notify the Committee of the Regions. Each amendment must be published
Articles 4 and 5 of the Regulation. ARTICLE 10 – FINAL PROVISIONS Prior to the official notification process, the EUKN members taking part in the EUKN EGTC officially inform the Netherlands of their national approval of the EUKN EGTC convention and statutes. The Netherlands will notify the present convention to the Committee of the Regions and send a request to the Office for Official Publications of the European Communities for publication of a notice in the Official Journal of the European Union announcing the establishment of the EUKN EGTC, with details of its name, objectives, members and registered office,
Statutes of the European Grouping of Territorial Cooperation European Urban Knowledge Network Limited (EUKN) Based on Article 9 of Regulation (EC) No. 1082/2006 of the European Parliament and the Council of 5 July 2006 on a European Grouping of Territorial Cooperation (EGTC) Preamble In order to reinforce and promote transnational cooperation between the members of EUKN it was decided to establish an EUKN EGTC. These statutes derive specifically from the application of Regulation (EC) No. 1082/2006 on a European Grouping of Territorial Cooperation (EGTC). ARTICLE 1 – NAME The name of the EGTC is ‘European Urban Knowledge Network (EUKN) EGTC Limited’ (hereafter referred to as the ‘EUKN EGTC’). ARTICLE 2 – REGISTERED OFFICE The registered office of the EUKN EGTC is: Ministry of the Interior and Kingdom Relations P.O. Box 20011 2500 EA The Hague The Netherlands The postal address of the EUKN EGTC is: EUKN Secretariat PO Box 90750 2509 LT The Hague The Netherlands Address changes within the Netherlands are not considered to be amendments to the statutes. ARTICLE 3 – AREA OF INTERVENTION The territory in which the EUKN EGTC will execute its task comprises all European member states and European countries whose relevant public authorities are members of EUKN EGTC. LUXEMBOURG 3984 LUXEMBOURG ARTICLE 4 – OBJECTIVE AND TASKS 4.1 Main objective The main objective of the EUKN EGTC is to facilitate and promote territorial, mainly transnational cooperation aimed at strengthening the economic, social, territorial and environmental cohesion of cities. To realise this objective the EUKN EGTC stimulates the European exchange of relevant and validated urban knowledge and experiences, thereby supporting sustainable urban development. 4.2 Operational objectives Through European urban knowledge exchange, the EUKN EGTC aims to support urban professionals in developing and implementing successful urban policy initiatives. The EUKN EGTC stimulates the use of best practices, enhancing territorial and transnational cooperation and strengthening the competitiveness and inclusiveness of European cities. In particular, the EUKN EGTC aims to: – Enhance the sustainability of the network; – Improve the quality and added value of the EUKN EGTC’s products and services; – Position the EUKN EGTC as the central urban knowledge dissemination hub in Europe; – Support urban professionals through the development and implementation of specific projects which are aimed at meeting their knowledge needs. This support may make use of funding and subsidies from the European Union and other public or private sources. 4.3 Tasks The specific tasks of the EUKN EGTC are to optimise the functioning and output of the EUKN EGTC network by: – Collecting, creating and making accessible knowledge documents in the EUKN EGTC database, generated by the National Focal Points and the Secretariat; – Enhancing European knowledge exchange by connecting urban professionals, with the involvement of National Focal Points; – Strengthening the position of the EUKN EGTC within Europe through active liaisons with other European networks and programmes; – Ongoing support and maintenance of the ICT infrastructure of the knowledge network (including the hosting and maintenance of the central website and National Focal Point sub-sites); – Developing and implementing effective communication strategies aimed at raising awareness of the network and providing a deeper insight into how its functionalities can be used; – Organising an annual dissemination conference and possibly other European events. ARTICLE 5 – MEMBERS The EUKN EGTC’s members are the relevant public authorities in the following countries: Belgium, Cyprus, the Czech Republic, Denmark, France, Germany, Hungary, Luxembourg, the Netherlands, Romania and Spain. The details of the relevant authorities are listed in the annexe. ARTICLE 6 – MEMBERSHIP PROCEDURES 6.1 Integration of new members New members must agree to the measures and procedures described in the EUKN EGTC convention and statutes. Only European countries represented at the relevant level may become members of the EUKN EGTC. The approval of the Assembly is a necessary condition. A EUKN EGTC candidate group may be established, enabling the integration of a number of new members simultaneously. Prior to formal inclusion in the EUKN EGTC, members of this candidate group will take part in EUKN on the basis of a Memorandum of Understanding. The Assembly will decide on the accession of potential EUKN members to the EUKN EGTC candidate group. 6.2 Resignation of a member Members wishing to resign from the EUKN EGTC must notify the Assembly by mean of an official letter. The Director of the EUKN EGTC liaises with the member in question and presents a proposal to the Assembly. This proposal includes details of the expected financial impact of the resignation and the consequences for the products and services of the EUKN EGTC. A member is always permitted to resign on condition that all outstanding annually committed financial contributions are paid. The initial financial commitment encompasses a period of three years (January 2011 to December 2013). A member that has resigned remains liable to the EUKN EGTC and third parties for the EUKN EGTC’s activities until all financial commitments have been paid. A member that has formally resigned no longer has any liability towards the EUKN EGTC. 6.3 Exclusion of members If a member state no longer fulfils its financial obligations, the Assembly decides, upon a proposal to that effect, to exclude that specific member state. During the exclusion process, the member to be excluded no longer has the right to vote. The excluded member remains liable to third parties for the EUKN EGTC’s activities until the day of the definitive exclusion decision. 3985 LUXEMBOURG ARTICLE 7 – DURATION OF THE EGTC AND CONDITIONS FOR DISSOLUTION 7.1 Duration of the EGTC The EUKN EGTC will exist for an unlimited period unless the Assembly decides otherwise. Provision is made for an evaluation every three years. The Assembly may decide to alter the timeframe within which evaluations are conducted. 7.2 Conditions for dissolution of the EGTC a) The EUKN EGTC will be dissolved if it is made up of members from only one Member State,
1082/2006 of the European Parliament and the Council of 5 July 2006 on a European Grouping of Territorial Cooperation (‘the Regulation’). b) The EUKN EGTC shall be dissolved by the Assembly if a unanimous decision to this effect is made by all its members. The dissolution of the EUKN EGTC takes effect three months after the decision has been taken by the Assembly to dissolve the EUKN EGTC. Before the EUKN EGTC can be dissolved, all outstanding contributions and financial commitments to external parties need to be fulfilled. The initial financial commitment of EUKN members to the EUKN EGTC covers a period of three years (2011-2013). The Netherlands is responsible for coordinating the dissolution process, and will notify the Committee of the Regions at least fifteen days before the date determined for dissolution. The remaining budget will be redistributed to all members of the EUKN EGTC based on their contribution, on condition that all external debtors have been paid. The Netherlands will appoint a liquidator, subject to conditions agreed upon in the Assembly. The EUKN EGTC database will no longer be hosted and will thus cease to exist. The documents in the database can be retrieved by the EUKN members that published the documents in the database. The documents should be retrieved within three months after the dissolution of the EUKN EGTC. If another organisation offers to host the EUKN EGTC database, this must be negotiated with the Assembly. The Assembly has the right to take a decision on the proposed takeover. If the database is not taken over, it will cease to exist six months after the official dissolution of the EUKN EGTC. ARTICLE 8 – APPLICABLE LAW Members will comply with the Regulation, the convention and statutes governing the EUKN EGTC, and the national statutory provisions of the Netherlands. The interpretation and enforcement of the statutes is subject to Dutch law. The EUKN EGTC operates under public law, as a not-for-profit legal entity. Furthermore, Dutch law is applicable to all administrative procedures, accounting and budgetary rules, and staff contracts. Dutch law does not apply to internal arrangements constituted by the members in the EUKN EGTC and their respective National Focal Points. In this matter the law of the respective member state applies. ARTICLE 9 – AGREEMENTS FOR MUTUAL RECOGNITION In the interests of mutual recognition of the legal systems of the EGTC members from other participating Member States, including for financial control issues, it is agreed that all documentation needed for independent financial control should be made available in English. ARTICLE 10 – PROCEDURES FOR AMENDING THE STATUTES A proposal for amendment should be submitted by a member to the Assembly for decision. Amendments to the statutes require the approval of all members of the EGTC. Each member informs its national notification authority of the purpose of the amendment and provides it with a copy of the proposed amendment. The member informs the Netherland when the amendment procedure according to national law has been completed. Each amendment must be published
Articles 4 and 5 of the Regulation. The Netherlands will notify the Committee of the Regions and send a request to the Office for Official Publications of the European Communities for publication of a notice in the Official Journal of the European Union announcing details of the amendment of the EUKN EGTC, with details of its name, objectives, members and registered office. ARTICLE 11 – WORKING LANGUAGE The official language of the EGTC EUKN is English; hence all official documents are in English. English is also the working language at official meetings and European events of the network and English is also the official language for the EUKN Secretariat. The National Focal Points communicate with national actors and at national events in the respective national language. ARTICLE 12 – FINANCES 12.1 Annual contributions from the EUKN EGTC’s members The annual contributions from the EUKN EGTC’s members are dedicated to the European coordination structure and services and activities carried out at European level. The costs of hosting a National Focal Point in the EUKN member countries are not included in this budget. The annual contribution from the members depends on the size of the relevant country’s population. This weighted contribution acknowledges a differentiation in membership fee. The Assembly decides upon the financial contribution. The budget is managed via a specific dedicated accountability system. 3986 LUXEMBOURG In the initial phase of the EUKN EGTC, the financial contribution is a commitment for a period of three years, from January 2011 until December
of the Regulation; – Adopting and monitoring the annual work plan of the EUKN EGTC; – Approving annual reports on the activities of the Secretariat and the National Focal Points; – Approving and amending the general organisation of the EUKN EGTC Secretariat; – Formulating general basic quality conditions which form the basis for the service level agreements between member states and their respective National Focal Points. The Assembly may propose an external auditor, with due regard for Dutch auditing and budgetary rules. 15.4 Decision-making procedures All Assembly members have equal decision-making powers. Decision-making procedures are aimed at reaching consensus, but do not rule out voting on the basis of simple majority. Each country has one vote. The position of a member can also be provided in writing 15 working days before the Assembly meeting. In the event of an irreconcilable difference of opinion, the Assembly may request the Director to prepare an alternative proposal, to be submitted to the Assembly for further decision-making. The Director will prepare this proposal within one month. An additional Assembly meeting will be convened no later than one month after the alternative proposal has been circulated by the Director. The general Assembly decision-making processes may include a procedure whereby all members officially state in writing whether they agree to a proposal. This procedure, which is prepared by the Director, runs as follows: – A proposal consisting out of a explanatory memo and clearly formulated decision is sent to all Assembly members by email; – Assembly members inform the Director within 15 working days of their position; – The Director gathers all responses and informs the chair and vice chair of the outcome of the procedure; – In consultation with the chair and vice chair, the Director will decide whether it is necessary to convene an additional Assembly meeting. If so, it will be held within 20 working days. The presence of two-thirds of the Assembly members at an Assembly meeting is required in order to make the following strategic decisions: – a decision regarding the amendment of the convention and statutes; – a decision regarding the dissolution of the EUKN EGTC; – a decision on the integration or exclusion of an EUKN EGTC member; – a decision on members’ contributions. Decisions will be taken on the basis of consensus. If a two-thirds quorum is not present, the Assembly meeting will be postponed. The next Assembly meeting will decide on the matter, on condition that more than half of the members are present. 15.5 Meetings The Assembly convenes at least twice a year. Additional meetings may be organised. Written invitations to Assembly meetings, including the agenda, are sent 20 working days in advance by the Director. Working documents on which a decision is required are sent at least five working days before the Assembly meeting. The Director is responsible for conveying the minutes of meetings to all Assembly members for validation and approval. The Director must do so no later than two weeks after the Assembly meeting. ARTICLE 16 – THE DIRECTOR As stated in Article 10 of the Regulation, the EGTC has a Director. The Director represents the EUKN EGTC in relations with third parties within the limits of his responsibilities. In principle the Director serves a five-year term. The Director may serve for another five years if the Assembly so decides. The Director is the head of the Secretariat and is responsible for the day-to-day management of the EGTC, focusing on carrying out Assembly decisions. Every three years the management of the EUKN Secretariat will be evaluated as part of an overall evaluation of EUKN. If the majority of the Assembly is of the opinion that the Director is mismanaging the affairs of the EGTC, the Assembly will request the registered office of the official seat to present a proposal to the Assembly to improve the management of the EGTC. LUXEMBOURG 3988 16.1 Main responsibilities of the Director The main responsibilities of the Director include: – Appointing the external independent auditor, in line with the decision taken by the Assembly; – Presenting the audit report to the Netherlands, as official seat of the EUKN EGTC; – Presenting the annual work plan and budget report to the Assembly for approval; – Representing the EUKN EGTC at operational level in Europe and acting on its behalf. Engaging actively with other European programmes, urban networks and the European Commission with a view to intensified collaboration; – Liaising with potential new EUKN EGTC members and EUKN EGTC members that wish to leave the EUKN EGTC, in line with decisions taken by the Assembly; – Leading the Secretariat with a view to ensuring its optimal functioning. 16.2 Designation/recruitment procedure of the Director The Netherlands, as official seat of the EGTC, proposes a candidate to the Assembly for formal approval. If the Assembly does not approve of the candidate, the Dutch Ministry of the Interior and Kingdom Relations presents an alternative candidate. The EUKN EGTC may employ personnel directly or make use of seconded personnel. If seconded personnel are employed, the Netherlands, as official seat of the EUKN EGTC, is responsible for designating an executive agency that will employ the Director. The contact details of this executive agency are listed in the annexe. The recruitment procedure and the Director’s employment contract are governed by Dutch law. ARTICLE 17 – NATIONAL FOCAL POINTS As stated in Article 10 of the Regulation, additional organs may be established. The National Focal Points form an integral part of EUKN as a network, as they liaise with the local, regional and national levels within the participating EUKN members and at European level. National Focal Points operate within the EUKN EGTC (where necessary) on the basis of individual service level agreements with members of the EUKN EGTC. These individual service level agreements include general basic quality conditions on the functioning of the National Focal Point Networks. The Assembly will decide on the general basic quality conditions. Dutch law is not applicable to the individual service level agreements between EUKN EGTC members and their respective National Focal Points. 17.1 Main responsibilities of National Focal Points (NFP) The main responsibilities of the National Focal Points include: – Disseminating their national knowledge on urban issues in English using the EUKN EGTC templates; – Publishing and maintaining a NFP website in English within the EUKN EGTC Content Management System; – Supplying the agreed number of validated knowledge documents to the EUKN EGTC e-library; – Composing and implementing an NFP Action Plan based on the EUKN EGTC annual work plan; – Ensuring the capacity to provide (and update) adequate descriptions of national urban policies; – Being alert to the knowledge requirements of their target audience. Optional activities: – Sending out a national EUKN EGTC newsletter; – Organising access to research capacity; – Organising conferences and seminars; – Setting up learning and capacity building programmes to national stakeholders. ARTICLE 18 – THE SECRETARIAT As stated in Article 10 of the Regulation, additional organs may be established. A Secretariat is established within the EUKN EGTC. The Secretariat is responsible for the day-to-day coordination of the EUKN EGTC. The Secretariat supports the functioning of the EUKN EGTC and its organs as listed in Article 14. 18.1 Management of the Secretariat The Secretariat is headed by the Director of the EUKN EGTC. The basic organisation of the Secretariat encompasses the following positions: – Programme manager – Programme Officer – Information specialist/webmaster – Capitalisation Officer The EUKN EGTC may employ personnel directly or make use of seconded personnel. If seconded personnel are employed, the Netherlands, as official seat of the EGTC, will appoint an executive agency that will be the legal employer of the EUKN Secretariat. The contact details of this executive agency are listed in the annexe. These procedures are governed by Dutch law. The official working language of the Secretariat is English. 18.1 Main tasks of the Secretariat The main responsibilities of the Secretariat include: – Managing the EUKN EGTC CMS and ICT infrastructure; – Preparing the annual work plan and annual financial documents to be approved by the Assembly; – Implementing strategic decisions taken by the Assembly; LUXEMBOURG 3989 – Implementing the EUKN EGTC budget, in line with the decisions taken by the Assembly and supervised by the Director; – Coordinating, guiding and supporting the National Focal Points to implement the decisions at operational level, based on the decisions taken by the Assembly; – Liaising across Europe between the participating countries and organisations in the EUKN EGTC; – Actively promoting the EUKN EGTC at European level and outreach to urban policymakers and practitioners. ARTICLE 19 – FINAL PROVISIONS Prior to the official notification process, the EUKN members taking part in the EUKN EGTC officially inform the Netherlands of their national approval of the EUKN EGTC convention and statutes. The Netherlands will notify the present statutes to the Committee of the Regions and send a request to the Office for Official Publications of the European Communities for publication of a notice in the Official Journal of the European Union announcing the establishment of the EGTC, with details of its name, objectives, members and registered office
Editeur: Service Central de Législation, 43, boulevard F.-D. Roosevelt, L-2450 Luxembourg Imprimeur: Association momentanée Imprimerie Centrale / Victor Buck LUXEMBOURG
Explication IA à partir du texte officiel de la loi. Indicatif, ne remplace pas un conseil juridique.