Strasbourg, 10 November 2014 DG-TFC/Seminar(2014)2
MEETING REPORT
OF THE SECOND REGIONAL SEMINAR ON THE INTRODUCTION OF PROTOCOL NO 3 TO THE MADRID OUTLINE CONVENTION
ON CROSS-BORDER COOPERATION
Budapest, 30 June 2014
1. Opening of the meeting and adoption of the agenda
The meeting was opened and chaired by Mr Auke van der Goot (Netherlands), Council of Europe expert on cross-border cooperation. The list of the participants appears in the Appendix.
2. Recent developments in the field of cross-border cooperation
The participants took the floor to provide an update on recent developments concerning cross-border cooperation in their countries (Croatia, Hungary, Serbia and Slovenia).
The Hungarian delegation apologised for the absence of Ms Viktória Zöld-Nagy, who could unfortunately not attend the opening session. A new government, following recent parliamentary elections, would shortly be established. In the field of cross-border cooperation, it might be possible that domestic legislation be amended in order to be adjusted to the revised EU Regulation on EGCT. The ratification of Protocol No 3 is still an objective. The possibility of enabling local authorities to opt either for the ECG (Protocol No 3) or the EGTC (EC Regulation 1082) is considered favourably by the government. ECG is perceived as being simpler to set up and still capable of managing funds for cross-border cooperation purposes.
In this connection, a study of EGTCs based in Hungary, under preparation by CESCI, was introduced to the participants. The study draws the attention to the need of clarification concerning the eligibility criteria of ECGs within EU programmes and the possible use of ECG in cross-border CLLDs.
In Slovenia, there is no need for implementing legislation following the ratification of Protocol No 3, as all the necessary legal provisions are already in place. Cross-border cooperation between neighbouring local authorities develops well with Italy, due to the similar size and closeness of conurbations. The situation is different at the Slovenian-Hungarian border, where municipalities are smaller and the population is scattered across the territory and road connections are scarcer.
Since its accession to the EU, Croatia is bound by Regulation 1082 and is implementing it on the basis of current legislation. Ratification of Protocol No 3 is under scrutiny with a view to assessing whether there is a need for implementing measure. The Croatian delegation would appreciate additional information – to be gathered at the present meeting – with a view to supporting the ratification process.
Serbia has launched internal consultation among ministries to assess the prospects for ratification of Madrid Outline Convention and its protocols. The process is however put on hold following recent parliamentary elections. The National Plan for Regional Development is still under development and the Strategy for Decentralisation of the Republic of Serbia hasn`t been adopted so far. These are the documents that would specify the authority of local governments and their competence to be members of the ECG established in another country. The legal basis for ratification is considered to be inadequate for the time being.
In conclusion the Chair acknowledged the steps taken by the countries of the region towards ratification of Protocol No 3 and recalled that already in the framework of the Madrid Outline Convention measures can be taken to facilitate and foster cross-border cooperation. He suggested to pay attention to, and make use of, the practical tools and frameworks that exist in order to provide the countries of the region with additional ideas and solutions to the problems they are confronted with.
3. Tools for enhancing cross-border cooperation
Mr Maarten Vidal made a presentation on the main features of the recently revised Benelux Convention on Cross-border cooperation, which allows for the setting up of a specific cooperation body (the BGTC).
Mr Alfonso Zardi also made a presentation of the features of Protocol No 3.
The CESCI delegation referred to the Declaration of Intent on establishing cross-border institutionalised cooperation signed by several neighbouring municipalities of Croatia, Hungary and Serbia. The manager of the cooperation, Mr Zoltán Fábik (city of Baja) provided details on the background of the MoI and on concrete projects that the participating municipalities would wish to promote.
In the ensuing debate, questions and answers were exchanged. The need and usefulness of fostering cooperation even without the formal accession to Protocol No 3 – as shown by the Declaration of Intent – was stressed. The Chair pointed in particular to article 3.2 of the Protocol whereby a bilateral agreement between neighbouring countries, one having and the other not having ratified the Protocol, could enable municipalities to participate in or set up an ECG. This opportunity could be more widely used by countries not yet ready for ratification but already positive towards cooperation with a neighbouring country that has ratified Protocol No 3.
4. Prospects for ratification
Participants agreed that the exchange of information on the features of Protocol No 3 and examples of concrete cooperation helped clarify a number of issues linked to ratification, especially as regards the notion of “implementing legislation” and the recourse to bilateral agreements between neighbouring States.
As regards the prospects for ratification, the Hungarian delegation mentioned the need to clarify some legal issues at inter-departmental level, before a proposal is placed on the government’s agenda. In Hungary, the Ministry of Public Administration was considering the measures to be enacted in order to allow for local authorities to be a member of an ECG. Serbia would also engage in wider consultations among major administrative entities and with relevant institutions prior to finalising its position on ratification.
The Chair recalled that in order to facilitate the ratification process, the Appendix to Protocol No 3 contains numerous examples of provisions that could be used by countries wishing to supplement their domestic legal order. Also, the Centre of Expertise for Local Government Reform could provide legal expertise and insight of other States’ practice through the Rapid response service.
5. Information tools
Participants were acquainted with the most recent publications and tools produced by the Council of Europe – such as the three SWOT reports and the Overview, the Practical Manual and the Handbook, and the Manual on the suppression of obstacles to trans-frontier cooperation, as well as with the CESCI study on EGTCs based in Hungary. They are all available on the website at www.coe.int/local.
Mr Daniele Del Bianco, Director of the Institute of International Sociology of Gorizia (ISIG), who collated the Manual, introduced the interactive database EDEN, which aims at storing information about initiatives and practical solutions to obstacles to cross-border cooperation.
The value of the database would reside in the variety of cases presented, its wide geographical forum and the timeliness of the information that it contains. For the time being, EDEN – which is based on the information given in the Manual – contains various practical examples from different member States.
The discussion then engaged on the best way of promoting the widest use of EDEN and checking the accuracy of the information uploaded to it.
The Congress of Local and Regional Authorities of the Council of Europe, European associations such as AEBR, CEMR and AER and national or cross-national agencies such as MOT and CESCI could be contacted with a view to ascertain their interest in becoming partners of EDEN and suppliers of information into it.
The European Committee on Democracy and Governance (CDDG) should be informed of this initiative – started by its predecessor, the CDLR – in order for it to consider sponsoring a protocol of cooperation between the Council of Europe and ISIG for the development of EDEN.
Participants welcomed the prospect of accessing a new database and wished that EDEN be operational by the time their next meeting.
At that occasion, Mr Gyula Ocskay, Secretary General of CESCI, proposed that a blog be launched as an interface between scholars and professionals enabling them to interact and participate in a network.
6. Conclusions of the meeting
The Chair noted the interest of participants for another meeting at which information could still be exchanged and ratification of Protocol No 3 speeded up.
Serbia accepted the proposal to host the third seminar in October/November 2014.
The Secretariat indicated that it would respond favourably to any request from a State wishing to receive legal advice in view of ratification.
ISIG agreed to develop the EDEN website so that participants could start making use of it and check its usefulness. The relevant information will be disseminated by the Secretariat.
At the close of the Seminar, the Chair thanked CESCI for the excellence of the venue and the perfect organisation of the event.
LIST OF PARTICIPANTS
CROATIA
Ms Daniela TOMAŠEVIĆ, Head of Service for Territorial Cooperation with EU Member States, Directorate for Management of Operational Programmes, Ministry of Regional Development and EU Funds, ZAGREB
E-mail: [email protected]
Ms Terezija MARIĆ, Senior Adviser, Local and Regional Self-Government Sector, Ministry of Public Administration, ZAGREB
E-mail: [email protected]
HUNGARY
Ms Nóra IVÁDY, Head of Department, Department of Cross-Border Cooperation for Territorial Public Administration, Ministry of Public Administration and Justice, Kossuth Square 2-4, 1055 BUDAPEST
Email: [email protected]
Ms Nikolett GAÁL, International Relations Desk Officer, Department of Cross-Border Cooperation for Territorial Public Administration, Ministry of Public Administration and Justice, Kossuth Square 2-4, 1055 BUDAPEST
E-mail: [email protected]
Ms Patricia ABAFFY, Desk Officer, Ministry of Public Administration and Justice, Department of Cross-Border Cooperations for Territorial Public Administration, Kossuth Square 2-4, 1055 BUDAPEST
E-mail: [email protected]
Mr Zoltán Fábik
SERBIA
Ms Valentina VIDOVIĆ, Procurement and Irregularity Expert-Advisor, Department for Cross-border and Transnational cooperation programmes, European Integration Office, Nemanjina 34, BELGRADE
E-mail: [email protected]
SLOVENIA
Mr Andrej ČOKERT, Ministry of Interior, Tržaška cesta 21, 1000 LJUBLJANA
Tel: +386 1 478 1879; E-mail: [email protected]
Mrs Polonca ZABUKOVŠEK, Ministry of Interior, Tržaška cesta 21, 1000 LJUBLJANA
Tel: +386 1 478 1839; E-mail: [email protected]
CENTRAL EUROPEAN SERVICE FOR CROSS-BORDER INITIATIVES
Mr Gyula OCSKAY, 1406 BUDAPEST, Pf. 7, Hungary
E-mail: [email protected]
Mr Norbert JANKAI, Legal Director
INSTITUTE OF INTERNATIONAL SOCIOLOGY (ISIG)
Mr Daniele DEL BIANCO, Director of ISIG, via Mazzini 13, 34170 GORIZIA, Italy
E-mail: [email protected]
EXPERTS
Mr Auke van der GOOT, Permanent Representation of the Netherlands, Unit Ministry of Interior, Kortenberglaan 4-10, 1040 BRUSSELS, Belgium
Tel: (32) 26791729; E-mail: [email protected]
Mr Maarten VIDAL, Director, Flemish department of Foreign Affairs, Boudewijnlaan 30, 1000 BRUSSELS, Belgium
Tel: +32 2 553 54 64; F: +32 2 553 60 37; M: +32 499 942 998
E-mail: [email protected]
COUNCIL OF EUROPE SECRETARIAT
Mr Alfonso ZARDI, Head of Democratic Institutions and Governance Department, Directorate of Democratic Governance, Directorate General of Democracy
Tel: +33 (0)3 88 41 39 06; Fax: +33 (0)3 88 41 27 84; E-mail: [email protected]
Ms Severina SPASSOVA, Senior project manager, Good Governance Division, Democratic Institutions and Governance Department Directorate of Democratic Governance / Directorate General of Democracy
Tel: +33 (0)3 88 41 25 75; Fax: +33 (0)3 88 41 27 84;
E-mail: [email protected]