Mechanism to resolve legal and administrative obstacles in a cross-border context

2018/0198(COD)

The Committee on Regional Development adopted the report by Matthijs VAN MILTENBURG (ALDE, NL) on the proposal for a regulation of the European Parliament and of the Council on a mechanism to resolve legal and administrative obstacles in a cross-border context.

The committee recommended that the European Parliament's position adopted at first reading under the ordinary legislative procedure should amend the Commission's proposal as follows.

Voluntary mechanism: Members wanted to clarify certain aspects, in particular as regards the voluntary nature and scope of the mechanism, as well as the subsidiarity and proportionality of the proposal. They considered that the application of the mechanism shall be on a voluntary basis based on a case-by-case assessment by Member States of a specific joint project in a cross-border region. 

To remove legal obstacles to the implementation of a joint project in cross-border regions on one of its borders with one or more neighbouring Member States, Member States may thus decide to activate the mechanism or use other means.

Cross-border coordination points: Members suggested that coordination points shall be required in all Member States. Since the application of the mechanism is voluntary, it shall be possible for Member States to choose using an instrument which they consider to be more beneficial. The Commission shall create a database of all national and regional cross-border coordination points. The implementation of the Regulation shall be accompanied by an information campaign providing clear and practical information that will facilitate its application by stakeholders.

Own-initiative document: if an initiator identifies a legal obstacle to the planning, development, financing, staffing and operation of a joint project, he should draw up an own-initiative document describing the joint project and its context, the legal obstacle or obstacles in the Member State of application and the decisive reasons for removing these legal obstacles. Within six months (rather than three months) of receipt of the initiative document, the competent cross-border coordination point in the implementing Member State shall send a written reply to the initiator.

Report: by the 1st of the month following the date of entry into force of the Regulation plus three years, the Commission shall report on the application of the Regulation. Prior to the preparation of this report, the Commission shall carry out a public consultation of the various stakeholders involved, including local and regional authorities and civil society organisations.