Draft protocol No. 3 to the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities concerning euroregional co-operation groupings (ECGs)
- Parliamentary Assembly
- Assembly debate on 26 June 2009
(26th Sitting) (see Doc.
11951, report of the Committee on the Environment, Agriculture
and Local and Regional Affairs, rapporteur: Mr Dorić). Text adopted by the Assembly on
26 June 2009 (26th Sitting).
The Parliamentary Assembly welcomes
the initiative of drafting a third protocol to the European Outline Convention
on Transfrontier Co-operation between Territorial Communities or
Authorities (Madrid Convention − ETS No. 106) concerning euroregional
co-operation groupings (ECGs), an initiative that it encouraged
in Recommendation 1829
on transfrontier co-operation.
2. The Assembly recalls, in this connection, that the Council
of Europe has already made a significant contribution to establishing
a legal basis for co-operation between territorial communities or
authorities with the 1980 European Outline Convention on Transfrontier
Co-operation between Territorial Communities or Authorities, which
was followed by two protocols adopted, respectively, in 1995 and
1998 (ETS Nos. 159 and 169).
3. The Assembly also draws attention to Committee of Ministers
Recommendation Rec(2005)2 on good practices in and reducing obstacles
to transfrontier and interterritorial co-operation between territorial communities
or authorities, which supplemented the three existing legal instruments.
4. The Assembly is satisfied to note that local and regional
authorities have increasingly engaged in inter-regional and transfrontier
co-operation, for example by twinning municipalities and developing
transfrontier transport, and by means of policies for sharing health
facilities and regional planning policies.
5. The Assembly welcomes this text, considering the shortcomings
in the first two protocols concerning public law prerogatives of
transfrontier co-operation bodies.
6. The Assembly is therefore of the opinion that the protocol
will make it possible to clarify procedures through the introduction
of a general legal framework for the establishment of interterritorial
and transfrontier co-operation bodies (such as ECGs) by territorial
communities or authorities in Council of Europe member states.
7. The Assembly observes that this protocol will also make it
easier to set up transfrontier co-operation bodies, with or without
8. The Assembly further welcomes the opportunity provided by
the protocol to allow states which are not members of the European
Union and which have already acceded to the Madrid Convention to
help establish an ECG or become a member of one.
9. The Assembly emphasises that the protocol does not conflict
with European Parliament Regulation (EC) No. 1082/2006 on a European
grouping of territorial co-operation (EGTC), but complements it.
10. The Assembly recalls that it sets great store by the promotion
of euroregions, whose activities it fully supports and within which
local and regional authorities on either side of a border co-operate
under public or private law.
11. The Assembly stresses that the protocol will facilitate the
sharing of information and will make it easier to identify good
practice, particularly in the area of governance.
12. The Assembly takes this opportunity to invite the Congress
of Local and Regional Authorities of the Council of Europe to help
draft model legislation to enable the euroregions to progress.
13. The Assembly therefore fully supports draft protocol No. 3
to the European Outline Convention on Transfrontier Co-operation
between Territorial Communities or Authorities concerning euroregional
co-operation groupings (ECGs) and invites the Committee of Ministers
to adopt it and open it for signature as soon as possible.
14. The Assembly also invites the member states which have still
not signed or ratified the Madrid Convention and its protocols to
do so as soon as possible.