TERRITORIAL COOPERATION AFTER 2007


                                           ÁGNES JUHÁSZ

                               University of Miskolc, Faculty of Law



The territorial cooperation nowadays appears as one of the most important area of the EU’ cohesion
policy. In my study I look after the cohesion policy, after its reform in 2006. First, I deal with
cooperations existing along the EU’s internal borders, within the framework of the cohesion
objevtive “european territorial cooperation”. Following this, I examine in detail the cooperations,
which can be form along the external borders. I also deal with the European Grouping of Territorial
Cooperation (EGTC), which is a new cooperation possibility within the scope of the objective
“european territorial cooperation”. Finally, I look after briefly the IPA and ENPI neighbourhood
policy instruments, which are available for the candidate and potential candidate countries.


European territorial cooperation, cohesion policy, EGTC, IPA, ENPI


Introduction


In the programming period 2007-2013 we face a really new form of the European Union’s cohesion
policy. The former few years has brought many changes: a never perceived sized enlargement has come
on, which effects the growing of the territory and the population too. To manage the problems of
the enlarged EU, it needed to reform the cohesion policy too. As a result of this reform, new
objectives change the formers, and the existing supporting instruments, which has been working for
many years has disappeared, and new and more efficient supporting structure supplant.


The Community has noticed, that economic and development differences, existing between regions,
mean problems not only for the certain member state, but also for the whole Community and can
endanger the competitiveness and cohesion. As a solution of this critical situation, on the basis
of the experiences of the past programming periods, from 2007, the territorial cooperation appears
as a single objective, by which the strengthening of economic and social cohesion can be realised
more efficiently.


Nevertheless, the Commission has made a suggestion, to create a new legal instrument, the European
Grouping of Territorial Cooperation (hereafter EGTC), which as a cross-border regional authority,
is regulated in a separate regulation.


 1. The European territorial cooperation


In this programming period (2007-2013), the Regulation 1083/2006/EC[1], the so called general
cohesion regulation designates three main objectives: over the “convergence” and “regional
competitiveness and employment”, the “European territorial cooperation” appears as third cohesion
objective, which – built on the experiences of the former INTERREG Community Initiative – puts the
territorial dimension of the cohesion policy on the level of single cohesion objective.


The objective “European territorial cooperation” (henceforth ETC) covers “regions having land or
sea frontiers, the areas for transnational cooperation being defined with regard to actions
promoting integrated territorial development and support for interregional cooperation and exchange
of experience.”[2]


Under the objective ETC, bilateral cooperations can be create between EU member states, along the
Community’s internal borders. The ETC, which is financed by the European Regional Development Fund
(hereafter ERDF), drifts to “strengthen cross-border cooperation through joint local and regional
initiatives, strengthening transnational cooperation by means of actions conducive to integrated
territorial development linked to the Community priorities, and strengthening interregional
cooperation and exchange of experience at the appropriate territorial level.”[3]


Although, the general cohesion regulation contains the basic provisions, there is also a separate
regulation, which concerns to the ETC as a single objective. The pertinent Regulation
1082/2006/EC[4] distinguishes five different types of the territorial cooperations. Likewise the
former programming periods, there are three variant dimensions: the (1) cross-border, the (2)
transnational and (3) the interregional cooperations. In addition these categories, there are two
complementary programs, (4) the ESPON 2013 and (5) the INTERACT II. Considering, that the latter
two forms also rest on interregional basic, practically, they can be regard as sub-branches of the
cooperations existing between regions. Accordingly, on the next few pages I delineate in detail the
recited five types of cooperations.


            Cross-border cooperation


In Europe, the main goal of the cross-border cooperations is to integrate areas, which are facing
with same problems, but they are separated by internal borders. In these areas it is simpler and
more efficient to find solution together for common problems, like employment or development of
infrastructural networks.[5]


Before 2007, in the „INTERREG – era” the cross-border cooperation was the most important dimension
of the territorial cooperations. More than 80 % of the separated financial instruments were
appropriated to support the component “A”, the so called cross-border cooperations.[6] The role of
cross-border cooperations does not decrease in the programming period 2007-2013: within territorial
cooperations, the cross-border cooperations remain the most emphasised group, in point of the
number of programmes and the financial background too. Two-third of the financial instruments, some
73,86 % can be allocate between the participants, beneficiaries of cross-border programmes.[7]


These cooperations primarily concentrate on developing competitiveness in border regions, but shall
also approve the economic and social integration on both sides of the borders.[8] Participation is
opened from the beginning for the twelve new member states; the only condition is, that these
programmes shall consist of at least two partners, coming from different member states, i.e. from
different sides of the border.


            Transnational cooperation


As a type of territorial cooperations, under transnational cooperations strategically important
questions, problems, challenges can be manage and solve.[9] The base of cooperations between the
participating partners (cooperating member states) is not the nearness of the borders, like in the
case of cross-border and interregional cooperations, but the existing of a common problem, which
needs handling. Accordingly, whole areas can pull together in transnational cooperation, for
example, which “share the same river basin or coastal zone, belonging to the same mountainous area
or being crossed by a major transport corridor.”[10] Another linking point can be the common
history, institutional structures or existing cooperation or Conventions.


In the programming period 2007-2013 – like in the past – there are 13 areas, which take part in
transnational cooperations; 20,95 % of the separated financial instruments can be allocated for
these programmes.[11]


            Cooperation between regions


Cooperations between regions, the so called interregional cooperations primarily conform to the
objectives of the renewed Lisbon Strategy: strengthening innovation, small- and medium enterprises,
environment and risk-prevention also play a dominant role in creating interregional cooperations.
5,19 % of the financial sources can be turn for finance cooperation networks and changing
experiences.[12]


As I have mentioned above, the complementary two programmes, i.e. the ESPON and INTERACT too,
appear as separate program, but their roots can be look after in the interregional cooperations.
Although this close linking, I review these two category under separate point in my study.


            The ESPON 2013


Within the framework of the INTERREG III Community Initiative, the Commission has created the
ESPON[13] programme. With the animation of this instrument, the Commission’s main goal was to build
an scientific community up in the field of regional development, and hereby to contribute to
moderate the territorial imbalances, existing between the EU’s regions.


The programme was available for the then twenty-five member states, and also could take part Norway
and Switzerland. Under the programme, regional development researches were suppoprtable, which were
realised with community and national co-financing. The main objective of the programme was to make
more efficient the adoptation, application and enforcement of the European Development Plan at
national level. Moreover this, with the help of the ESPON programme, the Commission also has
concentrated to build the regional dimension in other community policies.


In the last phase of the programme, the Comission has decided to maintain the ESPON programme in
the future too. Between 2007-2013, the programme continues its work under the name ESPON 2013.[14]
The programme’s financial base is the ERDF, but it is also supportable from the amount, which is
separated for the objective ETC.


In the introduction of the ESPON 2013 Operational Programme, we can read, that the ESPON 2013 aimes
at strenghtening cohesion policy with collected information and studies, related to the working
mechanism of the development policy.[15] An important novelty is, that in the present programming
periode beside the member states, candidate, potential candidate and the EU’s partner states also
can take part.


            Az INTERACT II


The INTERACT programme[16] – like the above mentioned ESPON – has appeared as a component of the
INTERREG III Community Initiative. The main objective of the programme was, by summarising the
experiences, to help to increase the efficiency in the third generation of this community
initiative.


The programme, which has started its work in 2002, is aimed at increasing the quality of the
INTERREG programmes and to help in sharing the experiences, which have accumulated in the field of
cross-border, transnational and interregional cooperations. During the working of the INTERACT, tha
main features – so the trengths and weaknesses – of the INTERREG were sized up by SWOT analysis.
The priorities of the programme fit in with the goals of INTERREG. The INTERACT programme has
proved to be succesful, so from 2007, it continues its work under the name INTERACT II, as the
second generation of the programme.


            The European Grouping of Territorial Cooperation (EGTC)


The EGTC is the new cohesion policy’s very new and important instrument in the programming period
2007-2013. It is a cooperation form having legal personality that Community law offers to partners
involved in territorial cooperation.


This cooperation is built on the experiences of the former INTERREG III Community Initiative. The
creation of this tool was motivated by many factors, like that some problem have arisen during the
realisation of the INTERREG projects because of the differences are between the national legal
systems.


With the creation of the EGTCs the cooperation between the states, coming from the other side of
the borders, could be stronger and the realisation of the projects could be more efficient because
of the single legal framework of the territorial cooperation. The objective of the EGTC is “to
facilitate and promote cross-border, transnational and/or interregional cooperation between its
members […] with the exclusive aim of strengthening economic and social cohesion.”[17]


We can speak about some different types of the EGTCs.[18] From the point of view of the
EGTC-participants we can make a distinction between groupings with homogeneous and heterogeneous
structure. In a homogeneous structured EGTC all of the participants come from the same group, for
example all of them are local authority. In the case of the heterogeneous EGTCs the participants do
not come from the same category. Within the heterogeneous EGTCs we can make another distinction
according to the number of the different participants equal or not, namely the structure
symmetrical or asymmetrical.


From the point of view of the applicable law the fund of limitation is that the EGTCs are regulated
by public or private law; moreover the liability of the members is limited or unlimited.
Considering the EGTC’s activity on the one hand we can speak about EGTCs with community financing
or not-community financing, and on the other hand about EGTCs active on behalf of the members or
help to coordination between the members.


 2. Cooperation along the external borders of the EU


When we examine the different types of the territorial cooperations, we should notice, that not
only inside the Community, but also along its external borders is there a possibility to build
cooperations up. As a result of the EU’s enlargement in 2004 and in 2007, the length of external
borders has increased, so the Community shall take into account lots better the problems,
challenges and possibilities, which appear by the altering of the borders.


In the past few years, a recognition has strenghtened, in accordance with working for the cohesion
of the EU can not be enough: cohesion policy and the territorial dimension shall be closely linked
with the neighbourhood policy. The cohesion policy not can be hardly separated from the
neighbourhood policy, what is more, with the help of the neighbourhood policy instruments,
cooperations can be create more efficiently between member states and candidate, potential
candidate and partner states.


Along the external borders, we can differ two types of the cooperations: some of them are creatable
by EU member states and candidate (or potential candidate) countries, while others can build up
with the EU’s partner countries. However, this distinction is not so marked, because all of these
cooperations are regulated under the EU’s neighbourhood policy. Accordingly, the differentiation is
justified because of the available financial instruments, i.e. the IPA and ENPI.


2.1. Cooperation with accessing countries


As I mentioned above, in consequence of the eastern enlargement of the EU, the importance of
creating cooperations along the external borders has also inreased. The Community has emphasised,
that cooperations between member and candidate countries have special role: they function as
meditators, which bind Central-East-Europe and the Western Balkans with the European Union.


Cooperations, which are creatable along the external borders can be support by the IPA (Instrument
for Pre-Accession Assistance) established by Council Regulation No 1085/2006/EC.[19] The assistance
should support the candidate and potential candidate countries in their efforts to strengthen
democratic institutions and the rule of law, reform public administration, carry out economic
reforms, respect human as well as minority rights.[20]


As we can see, the instrument definitely concerns on the Western Balkans space, by taking its
political, economic and social characteristics into account.


From the components of the IPA, the territorial cooperation is available for all countries on the
Western Balkans, independently their candidate or potential candidate status. These cooperations
appear as operational programmes, on the part of member states, and as action plans on the non-EU
states.


In this programming period, 12 different IPA programmes start, which are supported by 11,47 billion
€.


2.2. Cooperation with third countries


On the past few pages it could be seen, that the circle of the cooperations, which are creatable
with the contribution of candidate or potential candidate countries, are very wide. However, it is
interest to examine, what  are the possibilities in the case of those neighbouring countries, which
stay outside the EU in the foreseeable future.


It is undesirable, that the dividing lines, existing between theese countries and the Community,
also function as political and economic boundaries, which share in a wider sense grasped European
into two parts. To prevent this, the Community has cretaed a new assistance within the
neighbourhood policy, which supports cross-border cooperation programmes between member and
permanent outsider countries. “The European Consensus on Development”[21] draws up, that “EU
partnership and dialogue with third countries will promote common values of: respect for human
rights, fundamental freedoms, peace, democracy, good governance, gender equality, the rule of law,
solidarity and justice.”[22], therefore they play prominent role from the point of view of the
Community.


The main instrument in creating cooperations with third countries is the ENPI (European
Neighbourhood and Partnership Instrument) established by the European Parliament and Council
Regulation 2006/1638/EC.[23] It integrates the former CARDS, TACIS and MEDA programmes under a
single device, fore the sake of increasing efficiency in the appropriation of Community supports.
The priorities are put down in country or operational programmes.


Community assistance shall promote enhanced cooperation and progressive economic integration
between the European Union and the partner countries and, in particular, the implementation of
partnership and cooperation agreements, association agreements or other existing and future
agreements.[24]


Similarly the programmes, which realise under the ETC objective, the ENPI also has all territorial,
so cross-border, trans-national and interregional dimension. The largest part of the ENPI concerns
on the interregional programmes, which are aimed at help in the partner countries to carry out the
EU’s neighbourhood policy and create efficient cooperation with Russia. The participants fix the
provisions and regulations of these cooperations in bilateral agreements, so called action plans.
In this programming periode, 12 billion € can be allocate within the framework of the ENPI, but the
ERDF also co-finance these programmes from the side of the participant member states.


Closing remarks


After a short overview of the territorial cooperations, which are creatable along the internal and
external borders of the EU, it can be seen, that practically, the two common policies, so the
cohesion and neighbourhood policy mean the two different dimensions, two sides of the same
instrument.


Considering that, lawmakers agree, that it is undesirable to handle these common policies
separately; instead of this, connecting them can be a suitable solution in the future. The
cooperations between the member states and non-member states should function as bridges, which link
the eastern and western parts od Europe.


The above mentioned recognition has large importance: since based on this approach, with the help
of integrated handle, the cooperations and the national appropriation of the supports, coming from
the Community, can be more efficient and effective.


Literature

[1] Katrin Böttger: Grenzüberschreitende Zusammenarbeit in Europa, Occasional Papers Nr. 32.,
Europäisches Zentrum für Föderalismums-Forschung, Tübingen, 2006, p.87


[2] The European Grouping of Territorial Cooperation – EGTC, CdR 117/2007 (Study), Committee of the
Regions, Brussels, January 2007, p. 141-142


[3] Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the
European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing
Regulation (EC) No 1260/1999, OJ L 210, 31.7.2006, p. 25-78


[4] Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a
European grouping of territorial cooperation (EGTC), OJ L 210, 31.7.2006, p. 19-24


[5] Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006
laying down general provisions establishing a European Neighbourhood and Partnership Instrument, OJ
L 310, 9.11.2006, p. 1-14


[6] Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for
Pre-Accession Assistance (IPA), OJ L 210, 31.7.2006, p. 82-93


[7] 2006/702/EC: Council Decision of 6 October 2006 on Community strategic guidelines on cohesion,
OJ L 291, 21.10.2006, p. 11-32


[8]  „Common understanding on Orientations of an ESPON II”, Presidency Conclusions, no. 2.4, EU
Informal Ministerial Meeting on Territorial Cohesion, Luxembourg, 20/21 May 2005


[9] ESPON 2013 PROGRAMME, European observation network on territorial development and cohesion,
European Commission Decision C(2007) 5313 of 7 November 2007, p. 5


[10] Joint statement by the Council and the representatives of the governments of the Member States
meeting within the Council, the European Parliament and the Commission on European Union
Development Policy: „The European Consensus” (2006/C 46/01), OJ C 46, 26.2.2006., p. 1-19


Contact – e-mail:

dr. Ágnes Juhász, University of Miskolc, Faculty of Law, , Department of European Law and Private
International Law, Miskolc – Egyetemváros, Hungary, 3515, Tel.: +36 46 565-111/ 23 85,
agatha09@freemail.hu




________________________________

[1] Council Regulation (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the
European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing
Regulation (EC) No 1260/1999, OJ L 210, 31.7.2006, p. 25-78

[2] Regulation 1083/2006/EC, OJ L 210, 31.7.2006., Preamble, paragraph (19)

[3] Regulation 1083/2006/EC, OJ L 210, 31.7.2006, Article 3, paragraph (1) c)


[4] Regulation (EC) No 1082/2006 of the European Parliament and of the Council of 5 July 2006 on a
European grouping of territorial cooperation (EGTC), OJ L 210, 31.7.2006, p. 19-24

[5] 2006/702/EC: Council Decision of 6 October 2006 on Community strategic guidelines on cohesion,
OJ L 291, 21.10.2006, p. 11-32

[6] Katrin Böttger: Grenzüberschreitende Zusammenarbeit in Europa, Occasional Papers Nr. 32.,
Europäisches Zentrum für Föderalismums-Forschung, Tübingen, 2006, p.87

[7] Regulation 1083/2006/EC, OJ L 210, 31.7.2006, Article 21, paragraph (1) a)

[8] Council Decision 2006/702/EC, OJ L 291, 21.10.2006, p. 32.

[9] Council Decision 2006/702/EC, OJ L 291, 21.10.2006, p. 32.

[10] Council Decision 2006/702/EC, OJ L 291, 21.10.2006, p. 32.

[11] Regulation 1083/2006/EC, OJ L 210, 31.7.2006, Article 21, paragraph (1) b)

[12] Regulation 1083/2006/EC, OJ L 210, 31.7.2006, Article 21, paragraph (1) c)

[13] European Spatial Planning Observation Network, ESPON

[14] „Common understanding on Orientations of an ESPON II”, Presidency Conclusions, no. 2.4, EU
Informal Ministerial Meeting on Territorial Cohesion, Luxembourg, 20/21 May 2005

[15] ESPON 2013 PROGRAMME, European observation network on territorial development and cohesion,
European Commission Decision C(2007) 5313 of 7 November 2007, p. 5

[16] INTERREG Animation Cooperation and Transfer


[17] Article 1(2) of Regulation (EC) 1082/2006, OJ L 210., 31.7.2006., p. 19

[18] The European Grouping of Territorial Cooperation – EGTC, CdR 117/2007 (Study), Committee of
the Regions, Brussels, January 2007, p. 141-142


[19] Joint statement by the Council and the representatives of the governments of the Member States
meeting within the Council, the European Parliament and the Commission on European Union
Development Policy: „The European Consensus” (2006/C 46/01), OJ C 46, 26.2.2006., p. 1-19

[20] 2006/ C 46/01, in point 13

[21] Regulation (EC) No 1638/2006 of the European Parliament and of the Council of 24 October 2006
laying down general provisions establishing a European Neighbourhood and Partnership Instrument, OJ
L 310, 9.11.2006, p. 1-14

[22] Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for
Pre-Accession Assistance (IPA), OJ L 210, 31.7.2006, p. 82-93

[23] Regulation 1085/2006/EC, in the recital 13

[24] Regulation 1638/2006/EC, Article 2, paragraph 1