«Promoting transfrontier co-operation: an important factor of democratic stability in Europe» - CPR (9) 3 Part II

Rapporteur : Mr Hans-Martin TSCHUDI (Switzerland)

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EXPLANATORY MEMORANDUM

FOREWORD

In accordance with the terms of reference given by the Congress Bureau in May 2000, the Committee on Social Cohesion of the Chamber of Regions was invited to continue the Congress’s work on transfrontier co-operation, and to provide follow-up to the 7th European Conference of Border Regions in Europe held in Timisoara in 1999. Since then, the committee has been kept informed of the Council of Europe’s work in this field, particularly that of the Committee of Advisers and the Select Committee of Experts on Transfrontier Co-operation, as well as other activities in which the Congress has been involved (inter alia through the network of Local Democracy Agencies in south-eastern Europe). At its meeting on 8 October 2001, it heard Mr Jens Gabbe, Secretary General of the Association of European Border Regions (AEBR), and appointed Hans-Martin TSCHUDI as its rapporteur on this issue.

The Chamber of Regions committee has also noted the work undertaken by the Committee on Culture and Education (a report on transfrontier co-operation among regional media) and the Committee on Social Cohesion of the Chamber of Local Authorities (on the role of local authorities in preventing transfrontier crime), and in connection with the Stability Pact.

Stressing the political significance of transfrontier co-operation as a key factor for social cohesion and democratic stability, the Chamber of Regions committee suggested to the Congress Bureau that a report be drafted on this topic; it would highlight the political significance of transfrontier co-operation in Europe and identify avenues the Congress could explore in consultation with the Council of Europe bodies – particularly those of an intergovernmental nature – responsible for transfrontier co-operation.

The Rapporteur would like to thank Patrice Herrmann, expert, for his help in drafting this report, which will explain the recommendation and resolution adopted by the Congress and attempt to suggest possible lines of enquiry for future work.

INTRODUCTION:

Advantages and challenges of transfrontier co-operation

Background:

Profoundly influenced by the fall of the Berlin Wall, the 1990s saw major upheavals in the European political landscape. New states were formed in the east, with varying degrees of ease and sometimes at the cost of murderous struggles. Other states radically overhauled their political systems while retaining their national territory.

Keen to safeguard their recently acquired territorial integrity and sovereignty, these new states naturally wished to establish national boundaries, which now divide areas that were previously subject to the same legal system and customs regime.

Considerable work is needed to bring some states into line with the requirements of the international economic system, especially democratic standards as defined in the countries of the former western Europe.

Before human rights and fundamental freedoms can be upheld and protected – the Council of Europe’s main aim – it is essential to develop governmental machinery that is genuinely consistent with the rule of law. In order to draw nearer to their continental neighbours, these states consequently applied for, and were granted, Council of Europe membership.

A key prerequisite for achieving this goal is to give local and regional authorities enough autonomy to run their affairs as best they can on behalf of their citizens.

In some cases, particularly in border areas, local and regional authorities face problems that they – or their central or federal government, - are unable to solve on their own; rather, such problems necessitate balanced co-operation with public authorities in neighbouring states.

Experience has shown that border areas, often been abandoned or reduced to military fortifications in the past, are extremely important. In the development of the common market, for instance, the most open, enthusiastic regions were often those on the edges of their respective countries; they provided considerable impetus for “interior” regions to follow their example.

In a recent report, the Committee of the Regions notes that, “As a result of the European integration process which has been taking place in recent years and the increase in EU action in almost all areas falling within the remit of territorial authorities, EU territorial authorities have had to contend with a situation in which policy-making has become ever more complex. Within this broader context, authorities have become more dependent on strategic interaction with other local and regional authorities in the EU; they have thus become an essential part of the European ‘multi-level governance model’”1.

Although about ten of these central and east European states are actively negotiating to join the European Union, it is consequently important to continue, and even step up, efforts to encourage and foster the development of international co-operation activities between local and regional authorities in Europe, irrespective of their membership of European organisations.

Both the democratic principles upheld by the Council of Europe, on the one hand, and the European Union’s2 desire to foster the balanced, sustainable economic and social progress of its members, on the other, are objectives that are perfectly compatible and even necessarily interdependent. Unless a neighbouring country has genuinely democratic machinery, it is difficult, if not impossible, to engage in co-operation activities; conversely, unless such activities exist, it is difficult to improve understanding between peoples and to promote democratic models in those countries that are re-discovering such concepts.

Definitions and concepts:

At this point in the introduction, I would like to give more precise definitions of the concepts used to describe international co-operation activities between local and regional authorities in Europe.

The most established concept, which originally covered every kind of international co-operation between local and regional authorities, is that of “transfrontier co-operation”. Other concepts have gradually emerged, such as “decentralised co-operation”, “external co-operation”, “inter-regional co-operation”, “interterritorial co-operation” and “transnational co-operation”.

In an effort to standardise these concepts, to make the subject easier to understand, and to foster co-operation among the various players, I propose the following definitions set out in the aforementioned opinion of the Committee of the Regions, which are consistent with the terms used by Council of Europe bodies:

“All forms of cooperation, taken together, are referred to as trans-European co-operation. Distinctions may be drawn between the following forms of co-operation:
· cross-border co-operation implies bi-, tri-or multilateral co-operation between local and regional authorities (semi-public and private players may also be involved in this context) operating in geographically contiguous areas. This applies also in the case of areas separated by sea;
· inter-territorial co-operation implies bi, tri- or multilateral cooperation between local and regional authorities (semi-public and private players may also be involved in this context) operating in non-contiguous areas;
· transnational co-operation implies co-operation between national, regional and local authorities in respect of programmes or projects. This form of co-operation covers larger contiguous areas and involves players from at least two EU Member States and/or non-EU states3”.

The transfrontier co-operation in Europe mentioned in the title of this study refers to the wider concept of trans-European co-operation. This latter term will therefore be used to refer to the three types of co-operation listed.

It should be noted that there are also different kinds of borders:

The future enlargement of the European Union and the Council of Europe will change the status of some states, and consequently of some borders, with significant political and legal repercussions (for example, Estonia’s new status following its accession to the EU, and particularly the application of the Schengen rules, will no doubt have a considerable impact on its relations with the Russian Federation and on transfrontier co-operation activities between local and regional authorities in the two countries).

Given the limited scope of this study, I shall not deal directly with co-operation between local and regional authorities in Europe, on the one hand, and those on other continents, on the other (what French lawyers call “decentralised co-operation”, or occasionally “co-operation/development”, with, for instance, the ACP countries). However, the final recommendations will propose that the main European organisations and their member states encourage this kind of co-operation, for it can, inter alia, help to unite peoples from all over the planet.

These various types of trans-European co-operation activities show that the geographical scope of co-operation among local and regional authorities in Europe has broadened considerably. Moreover, because the member states take different approaches to the distribution of powers among government bodies, co-operation is becoming increasingly close and covers an increasingly wide range of spheres.

The players involved in trans-European co-operation are local and regional authorities in the states in question, although variations in their political and administrative systems can sometimes bring together very diverse territorial authorities.

It should be pointed out, however, that the member states did not wish either the Council of Europe or the European Union to challenge their internal organisation, for which they retain sole responsibility4.

The importance placed on the role of local and regional authorities arises from the implementation of the concepts of subsidiarity (defined in Article 5 of the Treaty establishing the European Community5), partnership and transparency. These “Community” concepts are consistent with the considerable work undertaken by the Council of Europe on the concepts of local and regional autonomy and the principle of subsidiarity as set out in the European Charter of Local Self-Government6 and reiterated in Recommendation (1995) 19 of the Committee of Ministers7.

We must be careful not to overlook the significant part private corporations, non-governmental organisations and, more generally, civil society and citizens can play in trans-European co-operation activities at local and regional level.

States have a crucial role in implementing strategies for trans-European co-operation, which must not be underestimated. The principle of Community loyalty8 developed by the European Community also applies to the relations of partnership between the Council of Europe and its member states.

As the primary basis for EU integration, the aforementioned objective of cohesion consequently necessitates genuine strategies for establishing partnerships and sharing experience at all levels of government, but also with private individuals, so as to allow balanced development across Europe. Before such strategies can be implemented, relationships must be balanced enough for all the players to benefit from pooling their resources.

The European Commission’s second report on cohesion notes that transfrontier, interterritorial and transnational co-operation is a key priority for the European Union, with a view to fostering integration and limiting the economic and social fragmentation generated by national borders9.

In a comment that may be extended to the whole of the European continent, O. Castric rightly notes: “The promotion of such partnerships in areas ranging from the economy, regional planning and government to tourism and culture... must enable backward regions to draw on the experience of more developed regions. Mutual understanding among European regions of their respective operational procedures, priorities and plans should help to give citizens a sense that they belong to the same community and foster greater unity among the peoples of Europe.”10.

The importance of transfrontier co-operation in Europe

Transfrontier co-operation, and more broadly trans-European co-operation, has been identified as an important factor for stability in Europe. In western Europe, transfrontier co-operation had its beginnings in the early 1960s, for instance in the French-German-Swiss region of the Upper Rhine; it was very effective in reconciling peoples after the Second World War.

It is partly thanks to such co-operation (and particularly the original town twinnings), which was encouraged by national governments and the European institutions, that the German and French peoples gradually learned to trust one another again.

The borders of these states were transformed from defensive lines and barriers into seams of reconciliation between peoples. It was not easy to overcome the psychological - and often physical and cultural – barrier of crossing the border, but this undoubtedly gave rise to the ongoing process of European integration.

History is repeating itself, for the process of reconciliation experienced by states in the western part of the European continent is now happening all over again in central and east European countries, and in south-eastern Europe (the Balkans and the Caucasus). Characterised by their emergence from totalitarian Communist regimes, these countries have had to reconsider every aspect of their relationships with neighbouring states; this is particularly important for countries that gained their independence after the disintegration of the Soviet empire and the Federation of Yugoslavia.

Following a series of very violent conflicts in the 1990s, particularly in the Balkans, the time has now come for reconciliation and the rediscovery of neighbourly relations.

Identified as practical means of bringing populations together, transfrontier and trans-European co-operation activities are therefore strongly encouraged by the international organisations responsible for peace and security in Europe.

In 1993, the Vienna summit of heads of state of Council of Europe member countries highlighted such co-operation among local and regional authorities:

“The creation of a tolerant and prosperous Europe does not depend only on co-operation between States. It also requires transfrontier co-operation between local and regional authorities, without prejudice to the constitution and the territorial integrity of each State. We urge the Organisation to pursue its work in this field and to extend it to co-operation between non-adjacent regions.” 11

Similarly, the conferences of member countries of the Stability Pact for South-Eastern Europe have often focused on the promotion of transfrontier co-operation activities, for instance in Portoroz in May 2001 or in Skopje in December 2001. Transfrontier co-operation is acknowledged as a pillar of “good governance” in south-eastern Europe; it can help to reconcile peoples and contribute o economic development and political stability in the region.

Rationale for the report

Although trans-European co-operation activities between local and regional authorities are growing, and involving an increasing number of players at both national and international levels, it is worth giving a rapid overview of the situation in Europe in order to explore the prospects for further development prior to European Union and Council of Europe enlargement.

This report does not seek to provide a comprehensive list of all the activities undertaken; rather, it will consider the respective roles of international European organisations (the Council of Europe, the European Union, NATO, the OSCE, etc.), European associations representing local and regional authorities (the Assembly of European Regions, the Association of European Border Regions, the Council of European Municipalities and Regions of Europe, etc.), and other intergovernmental and non-governmental organisations working in this field.

The purpose of this report is to suggest ways of helping these organisations to promote trans-European co-operation more effectively, in particular by ensuring better co-ordination of their work. It is important to bear in mind, however, that these organisations are already involved in partnerships and co-operation; the idea is to build on existing arrangements rather than wiping the slate clean.

Lastly, the report has the more specific aim of analysing the Council of Europe’s activities and internal structure, particularly within the Congress of Local and Regional Authorities of Europe (CLRAE), in the field of transfrontier and trans-European co-operation; it will also suggest ways of ensuring that transfrontier co-operation is better co-ordinated and given greater recognition in Council of Europe policies.

This internal analysis should make it possible to ascertain the scope for further promotion of transfrontier and trans-European co-operation by the CLRAE, and to identify the added value it could bring in implementing this key Council of Europe objective.

PART 1 Overview of transfrontier co-operation in Europe

A sharp increase in transfrontier co-operation activities

The number of transfrontier co-operation activities in Europe has increased sharply over the last ten years, partly owing to the greater number of international borders following the attainment of independence by several former states of the Soviet empire and the Federation of Yugoslavia, and the partition of the Czech and Slovak republics. The number of border regions in Europe automatically soared.

While every situation is different, some borders no longer require special attention (internal EU borders, for instance). Others, however, must be monitored carefully in view of their short history or latent potential for conflict.

These new borders are particularly problematic because they help to establish nation states, some of which are withdrawing into identity-based isolationism or the concept of territorial integrity. As a result, the governments of these states are not necessarily inclined to encourage transfrontier co-operation by their local and regional authorities; they are afraid they will lose control of their newly acquired foreign policies, especially where there are problems with minorities in their border areas.

Despite the difficulties associated with co-operation, the number of transfrontier projects in Europe is rising, and attempts are being made to organise such undertakings on a more formal basis12. In central and eastern Europe, and even the Balkans, numerous Euroregions are being established by local and regional authorities in two or more states; states are also signing more intergovernmental agreements, and a growing number of transfrontier committees are being set up.

Although Euroregions are becoming increasingly common, they do not constitute a new, transfrontier tier of government. Nor do they enjoy legislative powers; their activities are restricted to the functions exercised by their members. Moreover, any decisions they take must be implemented by their members, especially since many of them do not have their own budgets to act directly.

As central authorities devolve more powers, the number of local and regional authorities engaging in transfrontier co-operation is gradually increasing; they are also becoming less hesitant about wider-ranging, trans-European co-operation.

Co-operation is also increasing in scale, with communication between officials giving way to the technical implementation of local or regional transfrontier projects. Similarly, local and regional authorities are taking a transfrontier approach to a growing number of sectors, ranging from cultural and economic activities to regional planning, transport and more advanced technical and scientific co-operation.

Factors conducive to transfrontier co-operation13

The main factors conducive to transfrontier co-operation between local and regional authorities in neighbouring states are as follows:

· Environmental factors, as some European border regions share rivers (such as the Danube between Romania and Bulgaria), lakes (such as Lake Peipsi between Estonia and Russia) or mountain ranges (such as the Pyrenees between France and Spain). Often used as natural borders, these areas are now considered to be inherently conducive to co-operation owing to the common interests (environmental conservation, economic and social development, etc.) linking the border regions within them.

· Historical and cultural factors can unite populations on either side of a border, as they often share a common destiny and find themselves separated by national borders that may be relatively recent. They may also share a common culture, as shown in some border areas by the use of the same language or dialect (the common use of Germanic dialects in the Upper Rhine area, for instance).

· Economic and social factors, as border areas are often places of trade and exchange and may be virtual reservoirs of employment and activity, as shown by the considerable flow of border labour, particularly among EU member countries. Moreover, economic co-operation between border areas counteracts the adverse impact of their location on the periphery of national development, which is often centralised. The EU’s bias towards polycentric development will undoubtedly benefit its border regions.

· Lastly, political factors: following a period of mistrust, national authorities are increasingly coming to see transfrontier co-operation as a way of conducting a small-scale foreign policy that reinforces more traditional international and intergovernmental relations. Following its citizens’ refusal to join the European Economic Area in 1992, Switzerland has made an even greater effort to foster transfrontier co-operation by its cantons and municipalities, so as to maintain and strengthen its links with neighbouring border regions in EU member states.

As regards interterritorial co-operation, the main factors prompting local and regional authorities to work together have arisen from the broadening scope of town twinnings established several years ago. More strategic partnerships are emerging, however, with a focus on the mutual pooling of experience and skills. Developments in the EU’s financial instruments and policies are increasingly conducive to such partnerships. Lastly, a democratic imperative is now prompting local and regional elected representatives to set up transfrontier political bodies with a view to joint management of common problems faced on either side of a border.

Obstacles to transfrontier co-operation

The obstacles to transfrontier co-operation are many and varied:

· Firstly, geophysical obstacles may hinder or restrict transfrontier co-operation where, for example, a river (such as the Rhine between France and Germany) or mountain range (such as the Pyrenees) makes it difficult or even impossible to engage in wide-ranging transfrontier relations on a regular basis. The natural obstacle itself is often less of a barrier than the lack of infrastructure for crossing it.

· Cultural and historical obstacles can be harder to overcome than natural obstacles. Past conflicts, like those between France and Germany, make it difficult to establish ongoing relationships between border areas in the countries in question. The populations on either side may not necessarily wish to reforge ties, and may not be encouraged to do so by their respective national authorities. The situation becomes even more complicated where the historical record is compounded by the present-day problems of national minorities.

· The linguistic obstacle in areas that do not share the same language is often underestimated, whereas it appears to be a key limitation on the establishment of ongoing, wide-ranging border relations.

· Lastly, legal, political and administrative obstacles complicate practical aspects of transfrontier relations between local and regional authorities. Such obstacles include legal restrictions on people or goods crossing the border, technical restrictions on the certification of foreign products and restrictions arising from legislative discrepancies on either side of the border. Thanks to the efforts of states and European international organisations, such problems are gradually being resolved by the ongoing push towards a genuine European common market, for instance.

Instruments used to foster transfrontier co-operation

· Legal and administrative instruments may be divided into two main categories: firstly, multilateral or bilateral agreements between states under international law; and secondly, legislation enacted under the domestic law of the states in question.

Multilateral agreements include the European Outline Convention on Transfrontier Co-operation by Territorial Communities or Authorities14 and its two protocols. The Outline Convention was opened for signature by Council of Europe member states (and non-member states wishing to sign it) in Madrid on 21 May 1980, and entered into force on 22 December 1981. To date, it has been ratified by 27 member states and signed by 7 others. This 12-article convention does not impose strict legal obligations on the signatory states; rather, it is an important statement of principles in which they undertake “to facilitate and foster transfrontier co-operation” and to grant local and regional authorities the same facilities for co-operation as at national level15. Although this Outline Convention has limited direct impact, it has been – and remains – the primary European legal instrument to which states commit themselves. Moreover, the model agreements appended to the Convention offer legal frameworks tailored to the co-operation needs of national agencies and local and regional authorities.

The Additional Protocol16 to the European Outline Convention on Transfrontier Co-operation by Territorial Communities or Authorities, which was opened for signature on 9 November 1995 and entered into force on 1 December 1998, has now been ratified by 10 states and signed by 9 others. Subject to certain conditions, it expressly enshrines the right of local and regional authorities to conclude transfrontier co-operation agreements, and gives actions and decisions taken in accordance with such agreements legal force under domestic law. It also provides scope for conferring legal personality on the co-operation bodies set up by such agreements.

Protocol n°217, which was opened for signature on 5 May 1998 and entered into force on 1 December 2001, has been ratified by 7 states and signed by 9 others. Interestingly, it extends the scope of the Outline Convention and Additional Protocol to cover interterritorial co-operation.

In addition to these multilateral instruments, states have signed numerous intergovernmental agreements among themselves on transfrontier co-operation, giving their local and regional authorities the necessary legal machinery to engage in co-operation activities. Such agreements, many of which go hand in hand with improvements in the domestic law of the states in question, either govern all aspects of transfrontier co-operation between the states (such as the 1991 Annholt agreement between Germany and the Netherlands), or are confined to a single sphere of co-operation (such as the 1996 agreement between Slovenia and Austria on the prevention of natural and technological hazards).

All of these intergovernmental instruments give local and regional authorities the legal capacity to enter into European partnership agreements, the scope of which varies according to the partners’ interests and needs. However, local and regional authorities find that the range of legal instruments available to them is still inadequate for increasingly technical and specialised forms of co-operation.

· Political instruments take the form of activities designed to show that national elected representatives and representatives of local and regional authorities are committed to fostering and practising transfrontier and trans-European co-operation. These activities range from informal or official meetings between political decision-makers to the establishment of genuine transfrontier co-operation bodies (Euroregions or transfrontier councils, for instance). The Upper Rhine region is one such body.18

· Financial tools are vital in order to give practical effect to political commitments and to help local and regional authorities implement their plans. Funding may come from local and regional authorities themselves, their central or federal governments or even European organisations. The EU, for instance, has had a very significant impact on the level and scale of transfrontier and trans-European co-operation through the Community programme Interreg (for member states) and its counterparts Phare CBC (for central and east European countries), Tacis and CARDS for south-eastern Europe.

PART 2 Role of the main European organisations in developing transfrontier co-operation

The Council of Europe’s policy on the promotion of transfrontier co-operation is based on:

The various Council of Europe organs share responsibility for promoting transfrontier co-operation as follows:

* The LR-CT has the following basic objectives:

· overseeing the implementation of the European Outline Convention on Transfrontier Co-operation by Territorial Communities or Authorities by drafting additional protocols or proposing further model and framework agreements, regulations and contracts.

· putting forward proposals aimed at removing barriers (particularly those of a legal nature) to transfrontier and interterritorial co-operation, and drawing up a list of examples that best illustrate transfrontier co-operation in various spheres of activity. To this end, it publishes regular general and thematic studies on examples of “good practice” that can serve as a guide for central and territorial authorities wishing to engage in transfrontier co-operation20.

The LR-R-CT undertakes a wide range of activities, but it suffered from the fact that it only met once a year. This may have restricted its ability to promote, monitor and contribute to the Secretariat’s work.

The LR-CT’s modus operandi was consequently overhauled in 2002. It now functions as a committee of CDLR experts, in which all the member states can take part. The former LR-R-CT has therefore lost its select nature, and is now known as the LR-CT.

The main outcome of this overhaul – which also removed the committee’s Bureau – is that the LR-CT can now meet twice a year. In conjunction with the Secretariat, it plans to publish its studies and reports more speedily (inter alia in electronic form on the Council of Europe’s website) and to make regular updates to preventdocuments becoming obsolete too quickly owing to the fast-moving nature of the transfrontier co-operation sector.

* The Committee of Advisers is responsible for guiding the promotion of transfrontier co-operation in central and east European countries by:

· developing transfrontier co-operation along the borders of central and eastern Europe with a view to establishing more effective local democracy in border regions, thereby contributing to peace and understanding among border populations, especially in very sensitive areas;
· providing assistance with a view to the ratification and practical implementation of the European Outline Convention on Transfrontier Co-operation by Territorial Communities or Authorities, by helping signatory states remove barriers to it, particularly those of a legal nature.

To this end, it works with the Secretariat and advises it on the organisation of: conferences and colloquies designed to raise awareness and inform the general public about the Council of Europe Outline Convention and the opportunies it offers local and regional authorities for co-operation; meetings in border regions between local authority representatives so as to strengthen the mutual trust among regional and local representatives and national officials; select meetings and working groups with national and local officials responsible for drafting legislation ratifying and/or implementing the Outline Convention. In such cases, the Council of Europe provides technical and legislative assistance.21

A brief overview of the work undertaken by the Committee of Advisers22 shows that it is gradually gaining strength, particularly since it enlarged its membership from 3 to 6 in 2001 and started meeting twice a year. Initially set up in 1995 to give the Secretariat expert assistance in formulating proposals for LR-CT activities, the Committee of Advisers is increasingly becoming an agent for ideas and action.

It is becoming an agent for ideas, thanks inter alia to the subtle combination of its 8 members (along with two substitutes, who have been able to attend its meetings from 2002). The Committee of Advisers comprises two Swiss members and one member each from Slovenia, the United Kingdom, the Netherlands, Poland, Russia and Slovakia, all elected for three years. They have a range of professional backgrounds, including academics specialising in international relations, local and regional elected representatives of border areas and a former ambassador to the Council of Europe.

It is becoming an agent for action in that the members of the Committee of Advisers are starting to help the Secretariat promote practical transfrontier co-operation in the field. Priority areas selected by the Committee of Advisers for 2001 and 2002 are south-eastern Europe, particularly the former Federation of Yugoslavia; north-eastern Europe; the future external borders of the EU; and the southern Caucasus.

In order to build on this work and give it greater impact, the Committee of Ministers has asked the Committee of Advisers to send one of its members to LR-CT meetings for mutual exchanges of information. The Committee of Advisers now prepares an annual report to the Committee of Ministers. The first report on the 2001 financial year (drafted by the Secretariat) was adopted by the Committee of Ministers in March 2001.

Members of the LR-CT and the Committee of Advisers are assisted by the Transfrontier Co-operation Department of the Directorate of Co-operation for Local and Regional Democracy within Directorate General I - Legal Affairs.

This department has two full-time staff (an administrator and a secretary), who prepare session documents for both groups of experts, draft some reports and studies, organise and attend the fifteen or so annual conferences and seminars and generally promote transfrontier co-operation in the 44 member states. The number of staff assigned to this department seems fairly low, given the tasks for which they are responsible.

Other Secretariat departments also deal with the promotion of transfrontier co-operation, such as Directorate General IV – Education, Culture and Heritage, Youth and Sport with its Television without Frontiers programme, or the Secretariat of the EUR-OPA23 Major Hazards open partial agreement on the prevention of natural and technological disasters. Considerable assistance is provided by the Confidence-Building Measures Programme implemented by the Council of Europe’s Directorate General of Political Affairs, which encourages civil society initiatives to foster dialogue between majorities and minorities. Many of the projects supported by this programme are transfrontier in nature.

· supporting the establishment of Euroregions through the involvement of elected members of the Congress, in addition to the work undertaken by the intergovernmental sector;
· working to promote transfrontier co-operation as part of the Stability Pact; this includes the idea of a regional multilateral agreement, which was launched in Timisoara and taken up again in Skopje and Istanbul, and Congress members’ involvement in establishing transfrontier partnerships and Euroregions, such as the Nis-Sofia-Skopje triangle and the proposed Euroregion around Lake Presba/Ohrid.
· promoting transfrontier co-operation within the Network of Associations of Local Authorities of South-East Europe, an initiative supported by the Swiss Agency for Development and Co-operation as part of the Stability Pact.
· supporting the work carried out by Local Democracy Agencies since 1993, especially those in Osijek/Vukovar, Brtonigla-Verteneglio (Croatia), Ohrid (“the former Yugoslav Republic of Macedonia”), Subotica and Nis (Serbia/FRY), Niksic (Montenegro/FRY) and the future LDA in Gjilan (Kosovo).26
· contributing to European initiatives for the promotion of transfrontier co-operation in Europe, such as the conference organised in conjunction with the European Union Committee of the Regions in September 2001 on transfrontier co-operation in states that are candidates for European Union membership.
· attending meetings of the LR-CT, whose members represent European local and regional authorities’ interests in the area of transfrontier co-operation.

Lastly, four CLRAE members are full or substitute members of the Committee of Advisers.

When the Congress was restructured in May 2000, the Bureau assigned the issue of transfrontier co-operation in Europe to the Committee on Social Cohesion of the Chamber of Regions.

Making this specific committee responsible for the promotion of transfrontier co-operation had two disadvantages:

Elected CLRAE representatives are assisted by a Secretariat, with one staff member taking particular responsibility for monitoring transfrontier co-operation. Given the cross-sectoral nature of this field, however, other staff members also contribute on a regular basis; one example is the organisation of the Forum of Cities and Regions of South-East Europe in Novi Sad in April 2002.

The Congress does not have a specific budget for the promotion of transfrontier co-operation, but during the financial year it can decide to support activities it sees as a high priority.

a) All of the main European intergovernmental organisations promote transfrontier co-operation in one way or another.

C) Pan-European associations and other types of NGO

Pan-European associations and NGOs are very active in promoting transfrontier and trans-European co-operation. In particular, we shall focus on the three organisations representing local and regional authorities at European level and some of the NGOs most involved in this sector, which work closely with the Congress in the implementation of its activities.

Ø The Association of European Border Regions (AEBR) is undoubtedly the most energetic organisation representing the interests of border regions. Founded as a non-profit-making association in 1971, it organised the first Conference of Border Regions in the same year. Since then, it has been heavily involved in transfrontier co-operation, publishing articles, books35 and magazines and establishing links between communities and individuals throughout Europe.

Ø The Assembly of European Regions (AER)36 also has an important role to play in promoting transfrontier co-operation. It recently instigated a series of meetings among the main European organisations, and has enjoyed observer status with the Council of Europe since 1987. Its main responsibilities are:

Ø The Council of European Municipalities and Regions (CEMR)37 is the European section of the International Union of Local Authorities (IULA)38. Founded in 1951, the CEMR represents nearly 100 000 European local and regional authorities through 42 national associations in 29 countries. It has the following goals:

Ø These three major organisations representing local and regional authorities interact with a whole range of sectoral associations, such as the Conference of Peripheral Maritime Regions (CPMR)39 and the East-West Institute (EWI)40, all of which also promote trans-European co-operation.
Ø Many border countries have set up intergovernmental committees to resolve transfrontier issues. As already noted, a growing number of working communities or Euroregions are also being established by local and regional authorities on either side of a border.

D) A regional approach to promoting transfrontier co-operation: the Stability Pact

A specific regional approach is being implemented to promote international co-operation in south-eastern Europe, through the adoption of a Stability Pact for that area. Some Council of Europe member states are playing a leading role by making voluntary contributions to transfrontier co-operation activities41.

Such voluntary contributions are essential in order to develop innovative transfrontier co-operation activities in south-eastern Europe; they have resulted in a considerable expansion in operational activities and regional action to promote transfrontier co-operation.

The 2001 Stability Pact meeting in Portoroz identified transfrontier co-operation as a priority for the Stability Pact, particularly in connection with the issue of interethnic dialogue and co-operation. Transfrontier co-operation was again identified as a priority by Working Table n°I (Democratisation and Human Rights) at the meeting in Skopje in December 2001, and should be given special attention at the meeting of Working Table No 1 in Istanbul (12-13 June 2002).

Priority must continue to be given to transfrontier co-operation in south-eastern Europe so as to foster neighbourly relations and reinforce good practices. This was demonstrated yet again at the Forum of Cities and Regions of South-Eastern Europe held in Novi Sad from 18 to 20 April 2002, at which some of the proceedings focused on the promotion of transfrontier co-operation. Faik Arslani, the Minister for Local Autonomy of “the former Yugoslav Republic of Macedonia”, advocated signing a statement of intent with a view to drafting a regional multilateral agreement on the promotion of transfrontier co-operation. Participants at the Round Table on Border Cities and Regions also noted that the current visa system hinders the development of transfrontier exchanges43.

A comprehensive analysis of the resources committed by European organisations to the promotion of transfrontier co-operation yields a fairly positive quantitative assessment, with a good spread among the various institutions. Tasks seem to be shared out in a coherent, balanced way.

The Council of Europe is concerned primarily with the legal framework and the devolution of the necessary powers to local and regional authorities so that they can engage in safe, balanced trans-European co-operation activities; it also serves as a forum for dialogue among its member states. It gathers a great deal of important data, compiling it into reports on the current situation with regard to transfrontier co-operation activities, and even publishes more general or literary works in this field; in May 2000, it published Voyage au jardin des Frontières by Martin Graf, in which the author recounts a journey on the Danube.

The European Union provides the necessary funds and offers the prospect of membership, which undoubtedly helps to stabilise the situation in regions (particularly in north-eastern and south-eastern Europe) that have just emerged from periods of turbulence and difficult relationships with their neighbours.

Other European international organisations, such as NATO and the OSCE, and bodies representing local and regional authorities, such as the AER, the AEBR and the CEMR, also contribute, either in specific spheres in the case of the first two, or more generally for the latter three.

Thanks to the efforts of European organisations, there has clearly been a gradual overall improvement in local and regional authorities’ commitment to trans-European co-operation, and in the quality and variety of such projects. In many border regions, co-operation has developed in stages. The first stage, in the 1960s, was the introduction of the first twinning arrangements. Then co-operation gradually became more structured, with the first steps towards Euroregions, particularly along borders sharedwith Germany. The first proper legal instruments for transfrontier co-operation arrived in the 1980s. Finally, the 1990s have been characterised by a considerable financial commitment from the EU, and assistance for restructuring in central and east European countries.

Although this assessment is fairly positive, some aspects could be improved.

§ More European local and regional authorities should be engaging in transfrontier co-operation, and particularly trans-European co-operation, which goes beyond the original framework of twinnings.

§ Many European bodies promote transfrontier and trans-European co-operation activities, demonstrating the momentum and cascade effect of such projects. However, elected representatives and local staff are often unsure who to approach about the implementation of co-operation projects. On the other hand, local and regional elected representatives active in European organisations, such as the present rapporteur, often find themselves working with several organisations at once; they gain the impression that the same issues are being discussed everywhere. The respective roles and co-ordination of these European organisations should perhaps be reviewed.

§ There is insufficient promotion of trans-European co-operation, as confirmed by a lack of publicity; this is a criticism often levelled by local and regional authorities when they are approached by the Council of Europe in relation to the aforementioned reports on the current situation with regard to transfrontier co-operation.

§ The legal and financial instruments need to be improved. At present, there is no proper international-law instrument allowing European local and regional authorities to engage in advanced co-operation on an equal footing. The Outline Convention refers to agreements between states or to the domestic law of the states in question. Such instruments do not necessarily exist, and may not be sufficiently tailored to regional or local circumstances. Similarly, financial instruments might benefit from being simplified so as to make them more accessible.

§ Greater consideration should be given to the concepts of subsidiarity and partnership, so that local and regional authorities have more control over trans-European co-operation projects they wish to organise.

§ Transfrontier and trans-European co-operation should also be extended to private companies, NGOs, generally to civil society and directly to citizens. At present, co-operation is largely monopolised by public organisations.

Part 3 Prospects for improving transfrontier co-operation

Transfrontier co-operation activities, which are expanding rapidly, will undergo further changes over the next few years, owing a number of different factors.

· The first, and perhaps the most significant factor for security and stability in Europe, is the need for reconciliation between peoples along borders where there have been major conflicts in recent years – the prime example being the Balkans - or where there has been a somewhat traumatic partition, for instance between the former Soviet Union countries. Transfrontier co-operation activities between local and regional authorities, or even businesses and civil society, in such countries will play an important role in teaching their peoples to trust one another again.

European states and their common institutions – the Council of Europe and the European Union – will need to help these populations by giving them the necessary resources to build technical infrastructures for crossing the border (bridges, roads and so on), but also the necessary legal instruments (legislative standardisation, bilateral treaties, etc.), financial instruments (joint financing of programmes on the basis of additionality) and political tools (such as the establishment of Euroregions) to take their initial communication a stage further.

Above all, it is important to promote general trans-European co-operation so that individual meetings, pooling of experience and staff exchanges contribute to reconciliation among European peoples and a better balance on the continent, which is an essential prerequisite for stability and shared growth.

It must be remembered, however, that although common positive and negative aspects can be found in all transfrontier co-operation areas, each situation is nonetheless unique. We must therefore be wary of importing models ‘as is’ from the more established co-operation areas in western Europe, but instead adapt them to the local circumstances in each case.

· The impact of EU enlargement on transfrontier co-operation activities will also have significant implications for trans-European co-operation. It is already possible to detect changes in the quality of transfrontier relations among the three groups of states concerned: the current EU member states, future member states and those that are not candidates for membership.

Although transfrontier relations between the first two groups appears to be growing and improving (thanks to gradual legislative harmonisation and an anticipated sense of belonging to a common club), the same does not necessarily apply to the latter two groups. For instance, transfrontier relations between former member states of the Soviet empire (such as the Baltic countries) and the current Russian Federation may be complicated by the introduction of the new visa system; yet the aforementioned historical and cultural background and the ongoing need to strengthen local autonomy and democratic participation in these states already make it difficult enough to instigate transfrontier co-operation as it is.

· The impact of the reform of the structural funds in 2007 (particularly their weighting towards the future member countries) on the current EU member states will undoubtedly prompt the latter to reconsider trans-European co-operation arrangements. There will no doubt be an increase in transnational and interterritorial co-operation based on the partnership principle at the heart of the EU’s territorial cohesion policies.

What will happen, for example, on the EU’s current internal borders if the Community funding allocated to the promotion of transfrontier co-operation is substantially reduced? Will these border regions have developed strong enough ties, and set up the necessary machinery, to continue their co-operation without significant outside aid? Or will the reduction in outside aid result in a proportional reduction in the number of projects instigated by local and regional authorities, thereby demonstrating excessive dependence on the higher national and European levels, and insufficient political resolve?

One positive outcome of the reform of the structural funds may be a requirement to work in closer partnerships, particularly with foreign communities, on innovative projects which have a significant impact on territorial cohesion and lead to the ever-closer unity among the peoples of Europe hoped for by the Council of Europe and enshrined in the EU’s founding documents.

This new form of partnership now makes it essential to form the necessary ties and learn techniques for setting up trans-European projects that may be more complex than transfrontier co-operation activities with neighbouring communities.

Specific proposals to improve Council of Europe departments’ transfrontier co-operation activities

The following proposals focus primarily on the reponsibilities and operating procedures of Council of Europe bodies, but may also be of interest to the member states and other European organisations.

1) Greater recognition of transfrontier co-operation within the Council of Europe.

1. The principle of transfrontier co-operation, which has been affirmed by the Vienna Summit and on a regular basis at conferences organised by Council of Europe bodies, should be asserted more directly as a high-priority, cross-sectoral Council of Europe policy. A preliminary impact study could be carried out on Council of Europe policies, and taken into consideration in the new annual evaluations. The Lithuanian chairmanship of the Council of Europe Committee of Ministers has demonstrated a firm commitment by making the promotion of transfrontier co-operation a key objective. For instance, a major international conference on the topic was held in Vilnius in November 2001. It focused on the outcomes of the current co-operation between these two countries, the role and effectiveness of existing Euroregions and the impact of EU enlargement.

2. Allocating more financial and human resources to the promotion of transfrontier co-operation within the Council of Europe would be the next logical step once transfrontier co-operation is acknowledged as a high-priority, cross-sectoral policy. The number of staff currently employed more or less directly to promote transfrontier co-operation is clearly inadequate for the implementation of a sufficiently ambitious field policy. It might also be a good idea to give all these employees permanent budgetary posts so as to afford a medium-term view of the staffing levels available.

3. The budgetary management of the funding allocated should make greater provision for the long-range nature of these activities; they last a certain length of time, and must contend with random factors that do not fit in well with annual budgetary planning. Inter alia, this would make it easier to work with other European organisations, almost all of which operate on a long-range basis. Moreover, such changes would allow better monitoring of the activities undertaken. Council of Europe departments also need to place greater emphasis on programme evaluation and monitoring.

4. It is important to step up the level of co-operation between the two committees responsible for monitoring transfrontier co-operation activities (the LR-CT and the Committee of Advisers), on the one hand, and the CLRAE on the other. This could be achieved by asking the CLRAE to give preliminary consultative opinions on documents prepared by the two committees.

5. The Committee of Advisers could play an even greater role in stimulating and co-ordinating new lines of work within the Council of Europe, and perhaps eventually become a kind of Academy for Trans-European Co-operation; this body would bring together many more specialists (academics and practitioners) from various spheres connected with co-operation among local and regional authorities in Europe, and could organise a major annual academic conference on a key Council of Europe issue connected with transfrontier co-operation. More modestly, the committee’s current members could be encouraged to play an even more active role in the Council of Europe’s work by preparing reports or studies, or being asked to give consultative opinions on LR-CT projects.

6. It is essential to improve the co-ordination between the work of different Council of Europe departments in order to attain the aforementioned goal of ensuring more effective promotion of trans-European co-operation through Council of Europe activities. Closer co-operation between the various departments might give rise to joint drafting of annual work schedules (for studies and field work) and the organisation of joint activities, where this is both feasible and desirable (for instance, participation by CLRAE experts or elected members in the work of the CDLR, consideration of other departments’ opinions on draft reports and recommendation, and sharing of databases or networks of experts). However, it is important to bear in mind the fundamental differences between the activities of the CLRAE, which represents local government, and those of the Committee of Ministers on behalf of the member states and particularly central governments.

7. The work of the CLRAE needs to be reorganised to ensure better monitoring of this important European issue. The following changes should be made:

8. The key question that arises is, what is the main type of activity the Council of Europe wishes to undertake in order to bring the greatest added value and expertise to the field of trans-European co-operation? Becoming a major financial contributor like the European Union is neither feasible nor even necessary (except, perhaps, in respect of some countries that are not currently candidates for EU membership).

It might be better to build on the Council of Europe’s inherent assets in the field of transfrontier co-operation: its legal expertise, its support for local and regional autonomy and its ability to bring member states together in a forum for discussion. The Council of Europe could thus be one of the leaders of a European agency for information and assistance for trans-European co-operation, which could be set up, and of programmes for the pooling of experience and staff exchanges.

It could also make greater efforts to explore the issues surrounding transfrontier and even transcontinental co-operation on its member states’ external borders. More active co-operation could be developed with Asia and Africa.

2) Better co-ordination between the work of the various European organisations

Although efforts have been made in recent years, it is important to step up the level of co-ordination between the activities undertaken by the various European agencies to promote trans-European co-operation.

Such a desire was expressed by the Council of Europe Committee of Ministers at its 93rd session in November 1993, the final communique of which stated:

“In the context of fuller co-ordination of the Council of Europe's activities with those of other organisations involved in the construction of a democratic and secure Europe, the Ministers encouraged the development of joint projects with the European Union, notably in favour of the countries of Central and Eastern Europe, and the partnership in increasingly varied fields of activity. They also took note of the work aimed at establishing a Pact on stability in Europe; the Council of Europe is ready to give its support to this and to make its contribution in the fields of its competence.

They also instructed the Secretary General and their Deputies to explore the possibility of concluding arrangements with the CSCE, including its Office for Democratic Institutions and Human Rights, and its High Commissioner on National Minorities.”45

This spirit of co-operation may also be observed in the quadripartite meetings and in the Council of Europe Secretariat’s willingness to invite EU staff and experts to its conferences and seminars; local participants are often concerned about issues specific to the Council of Europe, such as the implementation of the legal instruments in the Outline Convention, but also about problems connected, for instance, with the use of EU financial resources or the application of the Schengen rules to the EU’s future external borders.

Likewise, the EU co-operates regularly with the AER and the AEBR. The Council of Europe has consequently invited the AER to attend LR-CT meetings as an observer.

In March 2002, the heads of 14 European organisations met in Austria at the Conference of the Presidents of the European Inter-regional Organisations to discuss how they could co-ordinate their activities more closely, particularly as regards the new regional policy instruments after 2006, and how interregional co-operation could contribute to the development of environmentally-friendly transport in Europe46. The CLRAE, the Committee of the Regions and the CEMR are also involved in this project, which no doubt foreshadows greater co-ordination among the main European organisations leading up to the future reform of the structural funds47.

It is important to build on these initial steps towards co-operation by developing joint co-ordination and information tools, such as:

1. A joint European database on transfrontier co-operation instruments and projects, which could resurrect and build on the LACE-TAP model set up and then abandoned by the EU. The EU’s aforementioned INTERACT programme could serve as a model.

2. A European agency for transfrontier co-operation, which could provide back-up for the national centres of excellence envisaged by the Committee of the Regions48. This agency would be made up of representatives of the main European organisations working in the field of transfrontier co-operation, together with representatives of states, local and regional authorities and Euroregions. It would to provide practical expertise to any public or private organisation wishing to develop a transfrontier co-operation project, and update the database regularly. It could also play a pivotal role in setting up information centres along borders, similar to the Infobests network in the Upper Rhine or the aforementioned “centres of excellence”.

It should be noted that the INTERACT project plans to set up an INTERREG academy to develop training programmes, serve as a forum for the pooling of experience and for staff exchanges, devise a series of tools for programme and project leaders, and conduct comparative studies on common problems.

There is undoubtedly a very good case for combining the Commission’s plans with those of the Council of Europe with a view to effective co-operation in the co-ordination and dissemination of joint information relevant to both the member states and the European bodies responsible for promoting trans-European co-operation.

Should the European Commission be amenable, the next, post-2006 Interreg programme could even be outsourced and administered directly by this European agency; given the history of EU relations with outside agencies and above all the significant impact of trans-European co-operation on territorial issues and social cohesion, however, it seems unlikely that the EU would be prepared to take such a step.

3. A network of Euroregions, which could act as a talking-partner for the Council of Europe and the European Union. With financial assistance, twinning programmes could be set up to encourage Euroregions to pool their experience.

4. Project grants and systems enabling local and regional authorities to pool their experience and organise exchanges of staff and elected representatives; networking arrangements should also be promoted, possibly through the ENTO network or the European agency for trans-European co-operation, so that local and regional officials are better trained and more mobile.

5. A major European event to promote transfrontier co-operation could be planned to coincide with the 25th anniversary of the Madrid Convention in 2005 (another European Conference of Border Regions or some other event, such as opening the European agency for trans-European co-operation); in addition to democratic stability (particularly in the new Council of Europe member states), it could cover more recent issues connected with transfrontier co-operation (the role of civil society and socio-economic agencies: NGOs, universities, schools, chambers of commerce, etc., public relations training for elected representatives, the role of new technologies (bilingual sites and so on), the role of the media, developing instruments of good governance for promoting genuinely transfrontier public policies, etc.).

6. Local and regional authorities should be given more appropriate legal instruments in order to step up their transfrontier co-operation; these should aim to improve the legal instruments currently available to states and local and regional authorities (the Madrid Convention or its protocols) or develop more technical legal instruments (formulating a 3rd Protocol dealing with articles of association for voluntary organisations or trans-European corporations). In particular, the legal work being undertaken by the EU and the Council of Europe must be harmonised.

7. There should be a special regional focus on promoting transfrontier co-operation in the following specific areas:

8. Lastly, major sectoral measures could be implemented, such as:

a) improving programmes for learning the languages of neighbouring countries by offering training based on the new information and communication technologies.
b) setting up an exchange programme for elected representatives and officials, which could be administered by the agency for trans-European co-operation.
c) an annual university prize for the best theses on European co-operation, awarded by a panel made up of the main European organisations; or annual prizes for the most innovative trans-European projects in the principal spheres of co-operation. This would help to raise awareness among local and regional agencies and civil society (students, NGOs, etc.).
d) Launching a “people to people” programme to promote trans-European co-operation projects among European citizens by breaking away from the current transfrontier limits of existing Community programmes of this type.
e) Stepping up transcontinental co-operation and co-operation along the Council of Europe’s external borders by using legal instruments (the Outline Convention and its protocols) and financial instruments (Meda, Tacis, etc.) where possible.

Conclusion

“The profusion of problems and opportunities on both sides of Europe’s borders consequently makes transfrontier co-operation essential. It helps to give practical form to international legal principles and to the Council of Europe’s democratic values in the sphere of transfrontier relations; the regional nature of such relations makes them easily accessible: co-operation between local and regional public-law entities and various population groups across national borders promotes peace, freedom, security and the safeguard of human rights, along with the protection of ethnic and national minorities. Border and transfrontier regions are the cornerstone of such co-operation, serving as gateways towards a Europe that is being enlarged through alignment, and towards the coexistence of European populations and minorities.

Subsidiarity and partnership between the European, national, regional and local levels are equally vital components of transfrontier co-operation. The valuable lessons drawn from a form of practical transfrontier co-operation that is accessible to citizens, within both the Council of Europe and the European Union, are perfectly applicable to the growing co-operation with, and between, central and east European countries, and with the non-European countries along Europe’s southern borders.”51

APPENDIX

The Upper Rhine Euro-Region

The Upper Rhine area is tri-national, bilingual and unique; as a whole, it amounts to many times the sum of its component regions!

Vital statistics of the Upper Rhine Euro-Region:

Key factors for transfrontier co-operation in the Upper Rhine Euro-Region

The potential of the Upper Rhine Euro-Region is very fittingly accentuated, for one thing, by almost 40 years of intensively pursued transfrontier co-operation between Baden-Württemberg, the southern part of Rheinland-Pfalz, Alsace and north-western Switzerland. In that respect we have become a European model region. We use local geographical and economic structures to multiply our strong points and turn our advantages to fuller account.
Chief working bodies:

INDICATIVE BIBLIOGRAPHY

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1 Opinion of 13 March 2002 of the Committee of the Regions on “Strategies for promoting cross-border and inter-regional co-operation in an enlarged European Union – a basic document setting out guidelines for the future”. http://www.toad.cor.eu.int/docroot/comm.coh%E9sion.terr.2002%2D06/dossiers/coter%2D001/fr/Comité des Régions181%2D2000%5Ffin%5Fac%5Ffr.doc

2 Cf. articles 2 EU and EC.

3 Aforementioned Opinion of the Committee of the Regions of 13 March 2002.

4 Cf Article 6 of the TEU, which states that “The Union shall respect the national identities of its Member States”.

5 Article 5 TEC “The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein”.

6 European Charter of Local Self-Government of the Council of Europe (1985), ETS n° : 122, article 4.3

7 Recommendation N° R (95) 19 of the Committee of Ministers to the Member States on the implementation of the principle of subsidiarity

8 Article 10 EC “Member States shall take all appropriate measures, whether general or particular, to ensure fulfilment of the obligations arising out of this Treaty or ... facilitate the achievement of the Community’s tasks.”

9 Second report on economic and social cohesion, OOPEC, 2001, 220 pp. p. 29

10 CASTRIC, Olivier; “Quel partenariat pour les régions de l’Union Européenne?”; p. 22 ; Centre De Recherches Européennes de Rennes (CEDRE) ; Editions APOGEE; 2002.

11 http://www.coe.fr/fr/std/dvienne.htm

12 For a broad overview of the current situation with regard to transfrontier co-operation in Europe from the perspective of Council of Europe member states, see the report The Current State of the Administrative and Legal Framework of Transfrontier Co-operation in Europe, adopted by the CDLR in 2001; from the more specific perspective of local and regional authorities, see the Report on the Progress in Implementation of the European Outline Convention on Transfrontier Co-operation between Territorial Communities or Authorities, also adopted by the CDLR in 2001. Both reports will be available in the near future at http://www.local.coe.int/inc.asp?L=F&M=$t/212-3-0-3/transfrontier/&M=$t/212-3-0-3/transfrontier/publicationsf.htm

13 For a list of factors that foster or hinder the three types of co-operation, see the aforementioned opinion of the Committee of the Regions, pp.4 et 5.

14 http://conventions.coe.int/Treaty/FR/CadreListeTraites.htm

15 Article 10 of the European Charter of Local Self-Government also provides for similar rights.

16 http://conventions.coe.int/Treaty/FR/CadreListeTraites.htm

17 http://conventions.coe.int/Treaty/FR/CadreListeTraites.htm

18 See the description of this body in the Appendix to this report.

19 http://www.local.coe.int/inc.asp?L=F&M=$t/212-1-0-1/&M=$t/212-3-0-3/transfrontier/transco_welcomef.htm

20 All the surveys and studies are published in the Transfrontier Co-operation in Europe series http://www.local.coe.int/inc.asp?L=F&M=$t/212-3-0-3/transfrontier/publicationsf.htm and may be obtained from the Council of Europe Secretariat.

21 http://www.local.coe.int/inc.asp?L=F&M=$t/212-3-0-3/transfrontier/&M=$t/212-3-0-3/transfrontier/committeesf.htm

22 See the (first) 2001 Annual Report of the Committee of Advisers to the Committee of Ministers adopted by the latter in March 2002.

23 http://www.coe.int/T/F/Coop%E9ration_culturelle/Catastrophes_naturelles/

24 See Recommendation 1480 (2000) of the Parliamentary Assembly; see site http://assembly.coe.int/

25 STATUTORY RESOLUTION (2000) 1, relating to the Congress of Local and Regional Authorities of Europe (adopted by the Committee of Ministers on 15 March 2000 at the 702nd meeting of the Ministers’ Deputies)

26 For more information on the Local Democracy Agencies programme, see the LDA Association’s Internet site: http://www.ldaaonline.org/

27 Other programmes, such as SAPARD, ISPA and TEN, are also able to provide joint funding for transfrontier co-operation.

28 http://www.europa.eu.int/comm/regional_policy/interreg3/index_fr.htm

29 http://www.europa.eu.int/comm/enlargement/pas/phare/index.htm

30 http://www.europa.eu.int/comm/external_relations/tacis/intro/index.htm

31 http://europa.eu.int/comm/external_relations/see/docs/cards/sp02_06.pdf

32 See the Commission’s memorandum on the INTERACT programme CDRR-01-0055-01

33 The passage on NATO was taken from the report “Transfrontier Co-operation in Civil Protection and Mutual Assistance in the Event of Natural and Technological Disasters Occurring in Frontier Areas”, adopted by the Council of Europe, which will soon be available on the following website: http://www.local.coe.int/inc.asp?L=F&M=$t/212-3-0-3/transfrontier/publicationsf.htm

34 For other examples of co-operation between the OSCE and the Council of Europe, see http://www.osce.org/ec/partners/international/coe/

35 See, for example, the Practical Guide to Cross-border Co-operation, published by the AEBR under the auspices of the European Commission.

36 http://www.are-regions-europe.org/

37 http://www.ccre.org/

38 http://www.iula.org/

39 http://www.crpm.org/

40 http://www.iews.org/

41 For more information, see the Stability Pact site, http://www.stabilitypact.org/

42 This study will be disseminated during 2002.

43 See the Final Declaration of the 3rd Forum of Cities and Regions of South-Eastern Europe, Congress document CG/Forum Novi Sad (8) 8

44 Recommendation Rec (2002) 1 of the Committee of Ministers to the member states on guiding principles for sustainable spatial development of the European continent

45 http://cm.coe.int/sessions/1993/ffc93.htm

46 See the AER’s report of the joint meeting on 14 January 2002. http://www.are-regions-europe.org/PDF/Press_Releases2002/F-CP-ARE-Conf-interregions.pdf

47 See the aforementioned Linz Declaration of 21 March 2002..

48 Aforementioned opinion of the Committee of the Regions, p.8.

49 See the Committee of the Regions’ proposed modifications to articles 158, 159 et 160 of the TEU in the aforementioned opinion of the Committee of the Regions, p.8.

50 Aforementioned opinion of the Committee of the Regions, p.9.

51 Extract from a speech by Mr Joan VALLVE, President of the Association of European Border Regions, on “The Current State of Transfrontier Co-operation in Europe”, 7th Conference of Border Regions, 28-30 October 1999, Timisoara.