On Thursday 22 November, during the vote on the report by Matthijs van Miltenburg (ALDE, Netherlands), MEPs on the European Parliament Committee on Regional Development (REGI) strengthened the "optional" aspect of the regulation on the mechanism to resolve legal and administrative obstacles in a cross-border context, and added maritime borders.
"I believe we have taken a big step forward for the well-being of the inhabitants of border regions in Europe”, the rapporteur explained to EUROPE. "The European Cross-border mechanism should be used on a voluntary basis because applying the legal provisions of a neighbouring Member State is revolutionary and can only work if all parties concerned agree", the MEP added regarding the amendments he introduced and which were voted on.
In a series of compromise amendments, MEPs sought to make use of the mechanism more flexible. Member States have been given the option of either using the mechanism proposed by the European Commission or of using an existing instrument and of making the decision for each joint project and not for each border, as recommended by the Commission (see EUROPE 12107, 12029).
One source explained that the Commission's proposal was not in fact truly voluntary, as it gave the option of choosing between the mechanism and an existing instrument, as long as that instrument was as effective as the proposed mechanism. "However, no existing instrument would be as effective as the mechanism", explained our source, “which makes use of this mechanism de facto binding", which raises subsidiarity issues, particularly in the Council.
MEPs have, however, introduced a system for creating cross-border coordination points (which aim to facilitate cross-border work on joint projects), where the European Commission only provided for their creation in cases where the parties involved use the mechanism.
The EPP was divided on the approach adopted by the rapporteur and ultimately abstained. The rapporteur's mandate was supported almost unanimously with 32 votes in favour and one vote against.
No date has been announced for the start of inter-institutional negotiations. The incoming Romanian Presidency of the EU Council has indicated that it wishes to focus above all on the Regulation laying down common provisions. (Original version in French by Pascal Hansens)