European agreement on the revision of the EGTC regulation

May 2013

European agreement on the revision of the EGTC regulation

The Council, the European Parliament and the European Commission reached agreement on 27 May in Brussels on the text of the new EGTC regulation.

The improvements introduced by the new regulation concern:
- EGTC formation - tacit approval:
an application to form an EGTC will be considered approved tacitly six months after submission in the absence of objection by the national authorities. Formal approval will nevertheless be required in the Member State where the EGTC has its registered office. The main document to be approved will be the convention (without the statutes). Transitional arrangements will be introduced for EGTCs in the process of approval before the adoption of the new regulation.
- EGTC personnel:
The new regulation will clarify the legal situation of the personnel of EGTCs. The members will be able to choose between the law of the country where the registered office of the EGTC is located, the law of the country where the personnel works or the national law of the worker’s country. The new regulation provides for a specific clause for public-sector workers.
-The partnership:
The EGTC will be open to all public undertakings providing public services (economic services of general interest), including those governed by private law. Provisions have been added concerning participation by members belonging to third countries.
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