Aug 262014
 
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What was the identified solution? Following the signing in 1990 of the European Framework Convention on Cross-border Cooperation between regions and/or territorial authorities by Spain, cross-border cooperation has been constantly promoted by the Ministry for Territorial Policy and Public Administrations and, in particular, by its Secretary of State of Territorial Cooperation.

This committment was reflected by the development and implementation of the Framework Convention signed by Spain consisting of two separate bilateral treaties:
– Treaty with the French Republic on cooperation across borders, (Bayonne, March 10, 1995), known as the Treaty of Bayonne.

– Treaty with the Portuguese Republic on cooperation across borders, (Valencia, October 3, 2002), known as the Treaty of Valencia.

After these treaties entered into force there was a adaptation, through Royal Decree 1317/1997, to simplify the procedure for handling projects and Cross-border Cooperation Agreements, which was previously as an “express agreement” of the State for cooperation projects. This was replaced with the procedure known as “advanced notice” to the General Administration of the State for these projects. This notice initiates a period of one month where possible objections can be lodged, not regarded an authorisation, but rather as an obligation, whose performance determines the effectiveness of the Agreements, which have to be published in the Official Gazette to be fully effective versus third parties.

Furthermore, in order to facilitate compliance with the aforesaid Royal Decree 1317/1997, agreements were undersigned in 1997 between the State and the Autonomous Regions with the local councils integrated in the Conference for Affairs Related to the European Union (CARUE) and the National Commission for Local Authorities, with the introduction of certain procedural rules regarding the submission of the project to be notified in advance, and in order to overcome objections of the State.

Addionally, treaties signed with Portugal and France that established a Commission to monitor compliance of the two treaties, which are respectively called Spanish-Portuguese Commission for Cross-border Cooperation and French-Spanish Commission for Cross-border Cooperation. Both Commissions have met on several occasions. In the case of the Spanish-Portuguese Treaty, the Commission meets every year with the purpose of analysing and promoting cross-border cooperation projects among organisations on both sides of the border.

There are also bilateral French-Spanish and Spanish-Portuguese Summits to deal with sector issues which are the subject to cross-border cooperation, involving representatives of the Spanish regions affected.

Finally, there is a multi-lateral cooperation and collaboration body, the Conference for Affairs Relating to the European Union, whose main purpose of its Annual Action Plan is monitoring and assessing the implementation of the agreements on cross-border cooperation, and presentating of new proposals for cooperation in this regard from Regions or local authorities within the region, including the provision of information on updates and possible regulatory changes on cross-border cooperation.

How was the solution identified?
Who was/were the main actor/s responsible for its identification?
How was the solution implemented? By whom?
How long did it take for the solution to be implemented?
Did it have a positive impact on the overall level of CBC in the area?
Institution Directorate General for Territorial Cooperation
Ministry of Territorial Policy and Public Administration
Contact details José Elías Díaz
Sub-Directorate General for Cooperation Relations with the Autonomous Communities
Directorate General for Territorial Cooperation
Ministry of Territorial Policy and Public Administration
(+34) 912734615
joseelias.diaz@mpt.es
Year of record 2012