Strasbourg, 22 March 2013                                                   CDLR(2013)14

Item E.4 of the agenda

EUROPEAN COMMITTEE ON LOCAL AND REGIONAL DEMOCRACY

(CDLR)

DEVELOP ACTIVITIES TO HELP TO OVERCOME OBSTACLES TO TRANSFRONTIER CO-OPERATION, INTER ALIA, BY SHARING THE LESSONS LEARNED FROM RELEVANT INITIATIVES

IN MEMBER STATES

For guidance and action

Secretariat Memorandum

prepared by the

Directorate of Democratic Governance

Democratic Institutions and Governance Department

This document is public. It will not be distributed at the meeting. Please bring this copy.

Ce document est public. Il ne sera pas distribué en réunion. Prière de vous munir de cet exemplaire.

Introduction

The origins of the CDLR´s activities to overcome obstacles to transfrontier cooperation   go back to the 1980s with the adoption of the European Outline Convention on Transfrontier Co-operation between Territorial Authorities or Communities (Madrid Convention). In the 30 subsequent years  the CDLR has actively promoted the adoption of the most suitable measures and policies to encourage and facilitate the development of transfrontier cooperation, in particular through three Protocols to the Madrid Convention, a number of recommendations adopted by the Committee of Ministers and assistance and advice on the establishment of crossborder cooperation measures or bodies

With the establishment of the Stability Pact for South Eastern Europa a new impulse was given to transfrontier cooperation in the region. The Council of Europe’s contribution took the form of a major report (SWOT analysis) on crossborder cooperation in the Balkan-Danube area which was discussed at a number of events in the region. Other SWOT reports followed on Central and Northern Europe as well as an Overview (published in 2012) of the state of transfrontier cooperation in Europe along the borders covered by the previous reports.

During the 16^th session of the Council of Europe conference of ministers responsible for local and regional governmentthe Ministers (Utrecht, November 2009) acknowledged that “even without the formal establishment of co-operation groupings or bodies, … neighbouring territorial communities or authorities should, through dialogue and exchanges of practices, take more and more into account, when designing and implementing their policies and actions, the situation in territories across the border and the impact these policies will have on them and their inhabitants. This is already being the case in a number of frontier areas and [they saw] it as a prefiguration of the “crossborder governance” that should take roots at our borders, without entailing any transfer of sovereignty or competence”. Accordingly, they expressed an interest for these developments and declared themselves “ready to have regard to the relevant experience of member States and their territorial communities or authorities, with a view to promoting a similar attitude at home”^[1].

In accordance with this declaration and having regard to the relevant decisions of the Committee of Ministers, work started in the CDLR with a view to identifying obstacles to cross-border cooperation as well as best practices and solutions to overcome them. This work resulted in a huge compilation of examples of difficulties and best practices, a synthesis of which was submitted to the Ministers on the occasion of the subsequent session of their Council of Europe conference in Kyiv (November 2011) where the Ministers agreed:

“12     to step up efforts to remove or reduce, as far as possible, obstacles to transfrontier co-operation for those territories which have often been handicapped by their position at their country's borders;

13      to  envisage, according to need, a central or regional government "special task mediator/mediation office" for cross-border co-operation, tasked with making the action of the different ministries and players concerned more dynamic, or a border zone "contact person or body" whom territorial authorities and communities could contact when promoting and setting up cross-border co-operation;

14      to invite the Committee of Ministers to include in the Council of Europe programme on local and regional democracy and governance the work of sharing the results of the experience of certain member states which have designated a cross-border "special task mediator/mediation office”^[2].

In the framework of their consideration of the Kyiv Declaration, the Ministers’ Deputies at their 1156^th meeting (item 2.bis a) “instructed the European Committee on Local and Regional Democracy (CDLR) to … develop activities to help to overcome obstacles to transfrontier co-operation, inter alia, by sharing the lessons learned from relevant initiatives in member States” and “invited the CDLR to carry out these activities within the limits of the budgetary resources allocated to it and within the existing structures, while ensuring co-ordination and promoting synergies with the other competent Council of Europe bodies”.

Subject area covered by the mandate

The current mandate in the Terms of Reference 2012-2013 refers to “activities to help overcome obstacles to transfrontier cooperation, inter alia, by sharing the lessons learned from relevant initiatives in member states”.

The identification of these “relevant initiatives” has already started in the framework of the drawing up of a Manual on measures and good practice in overcoming obstacles to crossborder cooperation which will describe and facilitate the dissemination of good practices.

The drawing up of norms suitable for inclusion in an annex to Protocol No 3 to the Madrid Outline Convention similarly benefits from the sharing of lessons from relevant initiatives in member states, insofar as the proposed norms will be based on the best practice regarding cross-border cooperation bodies.

Other initiatives to encourage and facilitate the development of transfrontier cooperation have been reported on and mentioned in the preparatory work (document MCL-17(2011)10) of the Kyiv conference. They pertain to the establishment of specific cooperation bodies or units whose task is to facilitate cross-border cooperation through action aimed at focusing on specific difficulties and their removal.

These bodies or institutions according to the replies provided by member states and compiled prior to the Kyiv conference are the following:

-      In France, the “Mission Opérationnelle Transfrontalière” (MOT) set up in 1997 is a voluntary and inter-ministerial body with around sixty members representing local and regional authorities, states, associations, cross-border organisations, companies, federations, etc. Its objectives are based on three areas of action: operational assistance, networking, and assistance in defining overall strategies. It thus assists with project structuring and monitors cross-border activities.

-      In the Netherlands, the position of Grensmakelaar (border ombudsman) was established to solve cross-border problems. After an initial period of three years, the function has evolved into that of an “ambassador for neighbouring countries” (currently Mr Maarten Lak). Recent developments in the Netherlands show also that cross-border cooperation is not limited to neighbouring areas per se. As part of its activities in the field of EU Urban policies, the Dutch ministry of the Interior and Kingdom Relations formed an EGTC with 11 other Member States.

-      In Spain/Portugal, as regards co-operation between Galicia and North Portugal, at the central government level a reference person for cross-border matters is present in the Foreign Ministry of each side and a Joint Committee on Cross-Border Co-operation is chaired by those two ministries. At the devolved government level, there is a Committee for Co-ordination and Regional Development of the North on the Portuguese side and a reference person for cross-border matters on the Galician side. This arrangement is supported by a number of cross-border bodies: an EGTC, a Working Community and a Euroregion.

-      In Hungary, the CESCI (Central European Service for Cross-Border Initiatives), modeled on the French MOT, was set up in November 2009. This is an instrument designed to assist local and regional authorities in Hungary’s border areas. It enables them to network and provides an upward flow of information on border obstacles from local to central government.^[3]

-      The German Federal Land of Brandenburg and Poland agreed in early 2011 to appoint a “Commissioner for cooperation with Eastern European countries in the area of fire protection and disaster management”.  The task of the Commissioner is above all to develop a national concept for cross-border fire protection and disaster management as well as a danger prevention plan for the immediate border region between Brandenburg and Poland in cooperation with the neighbouring Polish Voivodships. Another task of the Commissioner is to expedite the development of cross-border alert plans for major catastrophes and disasters as well as joint training and exercises. In addition, the Commissioner will participate in the evaluation, coordination, planning and implementation of EU cross-border fire protection and disaster management projects with local authorities.

However, this information reflects the situation as per October 2011 and since transfrontier cooperation continues to develop in the border areas, updating this information would be helpful.

For instance, according to additional information available to the Secretariat, in Belgium the same type of ambassador as in the Netherlands was introduced but after this person resigned no new ambassador has been appointed so far. In the region of Flanders, the Flemish Ministry for International affairs coordinates the cross border activities in Flanders. In Germany, each “Staatskanzlei” in the different Länder is the interlocutor for cross border cooperation with the task of coordinating the role of ministries concerned. Also MOT in France has undergone some major reforms of its structures and modus operandi.

However, the examples of specific or ad hoc representatives or teams for cross-border cooperation seem more widespread that one would think. It could therefore be interesting and even necessary, before developing any initiative, to learn more about the current state of play as regards these bodies or persons and their functions.

These various initiatives could be brought under a single umbrella thus contributing to the implementation of the Terms of Reference given to the CDLR. It is therefore suggested to proceed as follows:

1.            A short questionnaire is adopted by the CDLR and disseminated to all its members with a view to gathering updated information on experiences in or initiatives about facilitating crossborder cooperation (such as the mediator, special representative, joint committees, etc.) (Appendix). Deadline: 31 May 2013.

2.            The  manual on measures and good practice in overcoming obstacles to cross border cooperation is disseminated to all CDLR delegations with a view to collecting comments, additional information and experience that could feed into it. Deadline: 30 June 2013.

3.       Both the responses to the questionnaire and the (revised) draft manual are presented to a seminar on transfrontier cooperation where CDLR members, Congress members and experts can discuss best practices and future challenges in the field of transfrontier cooperation.

4.       Having regard to its role in the drafting of the Manual and its overall experience     in crossborder cooperation, the ISIG institute is willing to host the seminar which     could be given a truly transfrontier dimension, by taking place in  Gorizia (Italy)        and Nova Gorica (Slovenia). Indicative date: mid-September 2013.

Additional topics for the seminar could be the presentation of the 2012 book “Overview” and of concrete experiences of cooperation at crossborder level, such as the EGTC across the Italian/Slovenian border and the possibilities offered by Protocol No 3 to the Madrid Convention. Besides, the seminar could be an opportunity to discuss future challenges in the work of promoting crossborder cooperation such as the questions of further harmonization of national frameworks resulting from existing crossborder cooperation activities. 

5.       The CDLR would approve the Manual and its conclusions on experiences to       promote crossborder cooperation, as requested by the Committee of Ministers, at   its next meeting.

Action required

The CDLR is invited to discuss and approve the questionnaire, the principle and modalities of the crossborder seminar and authorize the Bureau to take all appropriate decisions on its behalf.

Appendix

Questionnaire on experiences in or initiatives about

facilitating crossborder cooperation

1.                    Are cross border activities coordinated at national/regional^* level?

·         If so, could you please describe the nature of the coordinating body and its main tasks and responsibilities?

2.                    Have new forms of cross border cooperation recently been established?

·         If so, which areas are involved and what are the main areas for cooperation?

3.            Is a special body/individual person established to facilitate local and regional governments in solving border problems?

·         If so, could you please describe the nature of this body and its main tasks and responsibilities?

^*for federal/regional States