European Grouping of Territorial Co-operation Order, 2011

L.N. 8 of 2011

EUROPEAN UNION ACT

(CAP. 460)

European Grouping of Territorial Co-operation Order, 2011

IN exercise of the powers conferred upon him by article 4(2) of

the European Union Act, the Prime Minister has made the following

Order

The title of this Order is the European Grouping of

Territorial Cooperation Order, 2011.

In this Order -

"the EC Regulation" means Regulation (EC) No 1082/2006 of

the European Parliament and of the Council on a European grouping

of territorial cooperation as may be amended from time to time;

"EGTC" means a European grouping of territorial co-operation

formed under the EC Regulation;

"Malta EGTC" means an EGTC which has its registered office

in Malta;

"the Minister" means the Minister responsible for finance;

"statutes" refers to the statutes of a Malta EGTC.

(1)

A European grouping of territorial co-operation,

hereinafter referred to as "EGTC", may be established on Community

territory under the conditions and subject to the arrangements

provided for by the EC Regulation.

(2) The objective of an EGTC shall be to facilitate and

promote cross-border, transnational and, or inter-regional co-

operation between its members as set out in Article 3(1) of the EC

Regulation, with the exclusive aim of strengthening economic and

social cohesion.

(3) An EGTC shall have legal personality.

(4) An EGTC shall have in each Member State the most

extensive legal capacity accorded to legal persons under that Member

State’s national law. It may, in particular, acquire or dispose of

movable and immovable property, employ staff and may be a party to

legal proceedings.

An EGTC shall be governed by a convention Convention.

concluded unanimously by its members in accordance with Article 4

of the EC Regulation.

(2) The convention shall specify

(a)

the name of the EGTC and its registered office, in

the case of a Malta EGTC, which shall be located in Malta

under whose laws at least one of the members is formed;

(b)

the extent of the territory in which the EGTC may

execute its tasks;

(c)

the specific objective and tasks of the EGTC, its

duration and the conditions governing its dissolution;

(d)

the list of the EGTC’s members;

(e)

the law applicable to the interpretation and

enforcement of the convention, which shall be the law of Malta

in the case of a Maltese EGTC;

(f)

the appropriate arrangements for mutual

recognition, including for the purposes of financial control; and

(g)

the procedures for amending the convention,

which shall comply with the obligations set out in Articles 4 and

5 of the EC Regulation.

The statutes of an EGTC shall be adopted on the Statutes.

basis of the convention by its members acting unanimously.

(2) The statutes of an EGTC shall contain, as a minimum, all

the provisions of the convention together with the following

(a)

the operating provisions of the EGTC’s organs and

their competencies, as well as the number of representatives of

the members in the relevant organs;

(b)

the decision-making procedures of the EGTC;

(c)

the working language or languages;

(d)

the arrangements for its functioning, notably

concerning personnel management, recruitment procedures and

the nature of personnel contracts;

(e)

the arrangements for the members’ financial

contributions and the applicable accounting and budgetary

rules, including on financial issues, of each of the members of

the EGTC with respect to it;

(f)

the arrangements for members’ liability

in

accordance with Article 12(2) of the EC Regulation;

(g)

the authorities responsible for the designation of

independent external auditors; and

(h)

the procedures for amending the statutes, which

shall comply with the obligations set out in Articles 4 and 5 of

the EC Regulation.

(1)

REKT ikun regolat minn konvenzjoni konklua

unanimament mill-membri tiegu skond l-Artikolu 4 tar-Regolament

(2) Il-konvenzjoni gandha tispeifika

(a)

l-isem tar-REKT u l-uffiju reistrat tiegu, fil-

kaz ta’ REKT ta’ Malta, li jkun jinsab f’Malta, li tat il-liijiet

tagha jkun iffurmat mill-inqas wieed mill-membri;

(b)

il-medda tat-territorju

li

fih

ir-REKT

jista’

jesegwixxi l-kompiti tiegu;

()

l-gan u l-kompiti speifii tar-REKT, gal kemm

mien idum u l-kondizzjonijiet li jirregolaw ix-xoljiment tiegu;

(d)

il-lista tal-membri tar-REKT;

(e)

il-lii li tapplika gall-interpretazzjoni u l-infurzar

tal-konvenzjoni, li gandha tkun il-lii ta’ Malta fil-kaz ta’

REKT ta’ Malta;

(f)

l-arranamenti

adatti

gal

rikonoxximent

reiproku, inklui dawk li gandhom l-gan ta’ kontroll

finanzjarju; u

(g)

il-proeduri biex tii emendata l-konvenzjoni, li

gandhom ikunu konformi mal-obbligi stabbiliti fl-Artikoli 4 u

5 tar-Regolament KE.

(1)

L-istatuti ta’ REKT gandhom jiu adottati abbai

tal-konvenzjoni mill-membri tiegu li jaixxu unanimament.

(2) L-istatuti ta’ REKT gandhom mill-inqas ikun fihom id-

dispoizzjonijiet kollha tal-konvenzjoni kif ukoll dawn li ejjin

(a)

id-dispoizzjonijiet operattivi tal-organi tar-REKT

u l-kompetenzi taghom, kif ukoll l-gadd ta’ rappreentanti

tal-membri fl-organi rilevanti;

(b)

il-proeduri tat-teid ta’ deijonijiet tar-REKT;

()

il-lingwa jew lingwi li jintuaw;

(d)

l-arranamenti biex dan ikun jista’ jadem, b’mod

partikolari rigward l-amministrazzjoni tal-persunal, il-proeduri

ta’ rekluta u x-xorta ta’ kuntratti li jsiru mal-persunal;

(e)

l-arranamenti gall-kontributi finanzjarji tal-

membri u r-regoli li japplikaw dwar il-kontabbiltà u l-istima

finanzjarja, inklui dawk il-kwistjonijiet finanzjarji, ta’ kull

wieed mill-membri tar-REKT fir-rigward tiegu;

(f)

l-arranamenti gar-responsabbiltà li gandhom il-

membri skont l-Artikolu 12(2) tar-Regolament KE;

(g)

l-awtoritajiet responsabbli

gan-nomina

ta’

awdituri esterni indipendenti; u

(h)

il-proeduri biex jiu emendati l-istatuti, li

gandhom jikkonformaw mal-obbligi stabbiliti fl-Artikoli 4 u 5

tar-Regolament KE.

(1)

In accordance with Article 10 of the EC

Regulation, an EGTC shall have at least the following organs

(a)

an assembly, which is made up of representatives

of its members; and

(b)

a director, who represents the EGTC and acts on its

behalf.

(2) The statutes may provide for additional organs with clearly

defined powers.

(3) An EGTC shall be liable for the acts of its organs as

regards third parties, even where such acts do not fall within the tasks

of the EGTC.

(1)

For the purposes of Article 5(1) of the EC

Regulation, the statutes and any subsequent amendments shall be

registered and upon such registration, the Minister shall as soon as

possible cause the fact of registration to be published by notice in the

Gazette. The notice shall include the full name of the Malta EGTC,

the objectives, members, date of constitution and registered office.

(2) The Malta EGTC shall acquire legal personality on the day

of registration or publication, whichever occurs first.

(3) The Malta EGTC shall ensure that, within ten working

days from registration of the statutes, a request is sent 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.

(4) An EGTC shall be made up of members located on the

territory of at least two Member States, in the case of a Malta EGTC,

one of which being Malta.

(1)

The Minister shall be the competent authority for Competent

the purpose of receiving the notifications and documents under authority

court.

Article 4(4) of the EC Regulation.

(2) The Minister shall be the competent body for the purpose

of prohibiting, under Article 13 of the EC Regulation, any activity

carried on in Malta by an EGTC where such an activity is in

contravention of any legal provisions of a public policy nature or of

any law providing for public security, public health or public

morality, or is in contravention of the public interest in Malta.

(3) The Minister shall be the competent authority for the

purpose of making an application under Article 14(1) of the EC

Regulation.

(4) The Civil Court, First Hall, shall be the competent court

for the purpose of ordering the winding up of a Malta EGTC under

Article 14(1) of the EC Regulation.

(1)

A Malta EGTC shall comply with the provisions of Budget.

articles 45, 46, 47, 48, 49, 50 and 51 of the Co-operative Societies Cap. 442.

Act, regarding accounts and audit, which provisions shall apply

mutatis mutandis and shall be read and construed as if references in

those articles to "society" were references to an EGTC, and

references to "the Board" were read and construed as references to the

Minister under this Order, and with such modifications as are

necessary to accommodate the fact that an EGTC is not a co-operative

society.

(2) A Malta EGTC shall appoint an auditor, which

appointment shall be made in accordance with article 45 of the Co- Cap. 442.

operatives Societies Act.

(3) The auditor of a Malta EGTC shall be a person eligible for

appointment as a company auditor under the Companies Act.

The dissolution and winding up of a Malta EGTC shall be Insolvency and

regulated by the provisions of Part IX of the Co-operatives Societies winding

Act, whose provisions shall apply mutatis mutandis and shall be read

as if -

(a)

references to "the Board" were read and construed

as references to the Minister under this Order;

(b)

sub-articles (3) and (4) of article 105 shall not

apply; and

(c)

references in article 104 to "patronage refund" shall

not apply.

The tasks which a Malta EGTC may carry out without a

Community financial contribution shall be limited to the co-operation

actions listed under Article 6 of Regulation (EC) No 1080/2006.

A Malta EGTC shall not have any member with limited

liability.

Third parties who consider themselves wronged by the acts

or omissions of an EGTC shall be entitled to pursue their claims by

judicial process.