HELLENIC REPUBLIC Official Government Gazette. PART THREE EUROPEAN TERRITORIAL COOPERATION EUROPEAN GROUPINGS OF TERRITORIAL COOPERATION (EGTCs)

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1 Ελληνική L.4483/2017 (Issue A /107/ ) HELLENIC REPUBLIC Official Government Gazette PART THREE EUROPEAN TERRITORIAL COOPERATION EUROPEAN GROUPINGS OF TERRITORIAL COOPERATION (EGTCs) Article 108 Concept and nature of EGTCs A European Grouping of Territorial Cooperation (hereinafter referred to as EGTC ) which has its registered office located in Greece shall take the form of a civil non- profit company ( in accordance with article 741 of the Civil Code), and shall operate in accordance with the provisions of the present law and the arrangements of the Regulation (EC) No 1082/2006 of the European Council and of the Council of 5 July 2006 on a European grouping of territorial cooperation (EGTC) as amended by the Regulation (EU) No 1302/2013 of the European Council and of the Council of 17 December 2013 amending Regulation (EC) No 1082/2006 on a European grouping of territorial cooperation (EGTC) as regards the clarification, simplification and improvement of the establishment and functioning of such groupings(hereinafter referred to as the Regulation ). Article 109 Purposes and activities of an EGTC 1. In the context of their purposes concerning activities which relate to territorial cooperation, the EGTCs may be designated either as intermediate bodies in order to carry out integrated territorial investments or as Managing Authorities for implementing programmes and joint action plans provided they are composed of 75% of local authorities of the first and second tiers or as final beneficiaries for implementing projects, in compliance with the applicable Union legislation. 2. Article 100 of L.3852/2010 (A 87), in accordance with the terms and conditions of the present article as well as articles 48 and 49 of L.4314/2014 (A 265) shall apply for EGTCs. 3. EGTCs may provide technical support to entities which implement projects integrated into the Regional or Sectoral Operational Programmes provided by L.4214/2014. [1]

2 Article 110 Establishment of and participation in EGTCs 1. In compliance with the Regulation, Municipalities, regions, associations and their networks, the Greek public sector, including the decentralized administrations, universities, public undertakings within the meaning of sub par b par 1 article 1 of Directive 2004/17/EC of the European Parliament and of the Council, bodies governed by public law within the meaning of Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004, and enterprises which were assigned the task of providing services of general economic interest, in compliance with Union and national law may participate in an EGTC. 2.The participation of the entities referred to in par.1 in an EGTC shall be approved by the Minister of Interior after the receipt of the agreement of the Committee referred to in par 2b, article 4 of L.3345/2005 (hereinafter the Committee ). The Committee includes among its members a representative of the Ministry of Economy and Development. The Committee is designated as the competent authority, in accordance with paragraph 4, article 4 of the Regulation. 3. Any entity referred to in par. 1 wishing to participate in an EGTC, shall notify the Committee in writing of its intention to participate in an EGTC, sending copies of the proposed convention and the proposed statutes of the EGTC. 4. The participation of entities in EGTCs which have their registered offices abroad, is approved upon agreement of the Committee and a decision issued by the Minister of Interior within six (6) months from the submission of an admissible application to the Committee together with the texts of the convention and statutes. This deadline shall be interrupted if the Committee decides to request additional information. 5. For EGTCs which have their registered offices in Greece, an application shall be submitted to the Committee together with the texts of the convention and statutes. The Minister of Interior, following an agreement of the Committee, shall approve the participation of the interested entities and the text of the convention. The deadline provided for in par.4 is not applicable to these cases. 6. If the Committee considers in a justified way that a prospective member of the EGTC is not in compliance with the Regulation or the national law, taking into account the competences and duties of the prospective member or that this participation cannot be justified for reasons of public interest or public policy, the Minister of Interior may, by a reasoned decision, reject the application. 7. In cases of expression of interest of a prospective member from a third country for an EGTC which has its registered office in Greece, within the [2]

3 meaning of article 3a of the Regulation, the membership shall be approved by the Minister of Interior, with the agreement of the Committee as regards the fulfillment of the requirements laid down in the Regulation. 8. An EGTC acquires legal personality on the date of registration of its statutes in the Court of First Instance to which its registered office belongs, following the decision issued by the Minister of Interior and the application submitted by its members. 9. An EGTC shall within ten (10) working days from the registration of the statutes send a request to the Committee of the Regions for publication of a notice in the Official Journal of the European Union announcing the establishment of the EGT C, by notifying this request to the Committee laid down in article 4 of L.3345/2005. Any entity participating in an EGTC which has its registered office in another member- state, shall inform the Committee of the Regions and update the EGTC Register laid down in article 108, about the convention and the statutes within ten (10) working days from the registration or the publication of the statutes of the EGTC in which it participates. 10. All amendments to the convention, and any amendment to the statutes which implies a direct or indirect amendment of the convention, shall be approved by decision of the Minister of Interior, following the procedures described in the above paragraphs. 11. Existing associations of entities, networks of cities and other undertakings in various legal personalities seeking to fulfill similar purposes with those of an EGTC, which have their registered offices in Greece may be transformed into an EGTC, upon decision of their administrative bodies and the approval of the Minister of Interior, following the procedures described in the above paragraphs. 12.The Minister of Interior is responsible for the implementation of articles 13 and 14 of the Regulation, upon a relevant proposal of the Committee. Article 111 EGTC Register 1. The Committee shall keep an EGTC Register. The Register includes data on EGTCs which have their registered offices in Greece, as well as data on entities participating in an EGTC having its registered office in another member state. Especially, the name of the EGTC and the registered office, the purposes and the duties, the statutes and convention, the staff, the participation in national or European programmes, the projects they undertake, the implementation process of the projects undertaken, as well as any activity assumed by the EGTCs. 2. EGTCs which have their registered offices in Greece shall inform in writing the Committee twice a year (in the first fortnight of the first and seventh months) or whenever asked by the Committee on issues related to their [3]

4 actions and operation. A respective obligation lies with the entities which are members of an EGTC which has its registered office in another country, in relation to the actions these entities undertake. Article 112 EGTC staff 1. In respect of the performance of EGTC tasks, staff shall be seconded, who are employed, in any employment relationship, in central and regional services, in the public sector, in Independent Authorities, local authorities of first and second tiers (public entities) as well as in legal entities governed by private law, provided they are under the general government, as defined by the Greek Statistical Authority in the Register of public entities in the general government. The secondment is implemented by decisions of the Minister of Interior and the competent Minister, if applicable, upon request of the EGTC, with the agreement of the administrative body of the entity involved and the written consent of the seconded staff. 2. For the staff employed in a local authority which is a member of the EGTC, the secondment decision is issued by the Minister of Interior, upon request of the employee and the agreement of the Mayor or Head of the Region. 3. The length of secondment is two years which may be extended to a period of another two years. The remuneration of the persons seconded for the needs of the EGTC shall be paid by the local authority they are seconded from, by way of derogation from the provisions of L.4354/ Technical and scientific staff may be hired,in accordance with the statutes, who will provide the EGTC with scientific and technical support. Article 113 Financial Management- EGTC Audit 1. An EGTC which has its registered office in Greece: a. Shall draw up its annual budget, which is approved by the General Assembly of the EGTC members, in which all revenues and expenditures are entered. Operational and investment costs shall be entered in a separate budget chapter. b. A double entry book shall be kept for the financial administration and management of their assets, regardless of the amount of the annual gross revenues. The books are kept in accordance with the Greek Accounting Standards. 2. The annual contributions of EGTC members, as laid down in the statutes, are legitimate expenses. Only in relation to the reimbursement of such [4]

5 contributions, especially for local authorities-members of EGTCs, the provision of par.2, article 249 of L.3463/2006 shall apply. 3. For EGTC activities which are co-funded by the European Union, the applicable legislation shall apply on financial management auditing of the Union funds, in accordance with the provisions of L.4314/2014 (A 265) and the relevant Regulations. 4.Management audit : a. An ordinary management audit shall be carried out by chartered accountants who are selected and appointed by decision of the EGTC General Assembly.The same decision shall set their remuneration which shall be chargeable to the EGTC budget. b. Extraordinary management audits may be carried out by Financial Controllers of the Ministry of Finance. Article 114 Repealed provisions Paragraph 4 of article 221 of L.3463/2006, as completed by provisions of article 22 of L.3613/2007 shall be repealed. [5]