OF THE EUROPEAN GROUPING OF TERRITORIAL COOPERATION under the trade name “E.G.T.C. AMPHICTYONY”
CIVIL NON PROFIT COMPANY
EUROPE, the old continent, is the common land of its peoples. They are invited, beyond any racial, political, social, economic, religious, and cultural prejudices of the past to proceed under this umbrella, now and in the future, in an environment of lasting peace, democracy, justice, equality, cooperation, solidarity and constant development, which is financially effective, socially just andenvironmentallyviable, spatially balanced with respect to the natural, built and human environment. By understanding the diversity and by promoting the intercultural dialogue as components of our shared cultural heritage, social cooperation, cohesion and single citizenship.
THE MEDITERRANEAN, our sea, is the lake of its Peoples. Those Peoples marched through time and space, alone, sometimes as nomads and tribes and later as independent entities or in the shadow of great empires, with periods of peaceful co-existence, rivalries, friendships, defeats and victories highlighting civilizations whose roots can be found throughout the modern world, always having as common denominator the history written in this particular part of the world.
Maintaining relations of cooperation with one another, the Municipalities, Associations and Areas of the Mediterranean believe that it is a matter ofgreat importance for their peoples to live in a continuously peaceful environment and one of constant development, financially effective, socially just andenvironmentallyviable with cohesion and security in their areas.
To that end, in 1997 they established the “AMPHICTYONY- NETWORK OF TWINNED CITIES AND AREAS OF THE MEDITERRANEAN” which, following the adoption of the Regulation (EC) 1082/2006 of the European Parliament and Council evolved into a European Grouping of Territorial Cooperation (EGTC), and its Charter was amended accordingly. Now, following the adoption of the regulation 1302/2013 and the amendment of the regulation 1082/2006, as regards the clarification, simplification and improvement of the EGTC establishment and operation procedure, it is necessary to amend the Charter of AMPHICTYONY accordingly and to adapt it to the new legislation.
The following text constitutes the amended and codified charter of the “EGTC AMPHICTYONY”, as this was adopted in the regular General Assembly of 17.03.2017
TRADE NAME - LEGAL FORM
The “European Grouping of Territorial Cooperation Amphictyony”, which will be called in brief “E.G.T.C. AMPHICTYONY” consists of European and Mediterranean local government organizations of all degrees, of public undertakings or public law entities (within the meaning of Directives 2004/17/EC and 2004/18/EC of the European Parliament and of the Council. It is organized as a civil company of a non profit nature operating according to private-economic standards and governed by the provisions of the Article 221 of the law 3463/2006 and the Articles 741-784 of the Civil Code of the Regulation (EC) 1082/2006 of the European Parliament and the Council as amended by the Regulation 1302/ 2013 of the European Parliament and the Council of 17th December 2013 on EGTCs (hereinafter “the Regulation”) and this Charter.
Athens is set as the seat of E.G.T.C. AMPHICTYONY.
The territory on which E.G.T.C. AMPHICTYONY can perform its duties and organize the cooperation among its members is the one that is defined by the total of the ground area of the administrative-territorial responsibility or jurisdiction of the members of E.G.T.C.AMPHICTYONY
AIMS AND DUTIES
4.1 The main aim of E.G.T.C AMPHICTYONY is for the people of Europe and the Mediterranean to live in a continuously peaceful and deeply democratic environment of justice, equity, cooperation, and solidarity, an environment of continuous development, financially effective, socially just, environmentallyviable, spatially balanced, with cohesion and security in their areas, with respect for the natural, built and wider human environment. The E.G.T.C. organizes its aims with an understanding of the diversity and the emergence of intercultural dialogue as a component of our shared cultural heritage, seeking to achieve social cooperation, cohesion and a single citizenship.
4.2 The duties and operational objectives of E.G.T.C AMPHICTYONY that contribute to the achievement of its goal and that are undertaken and performed in accordance with Article 7 of the Regulation 1082/2006/EC, as applicable, are the following:
§ The joint action and co-operation amongst its members
§ The respect in all levels of the principles of freedom, democracy, justice, security and protection of the environment.
§ The facilitation and promotion of cross border, interstate and/or interregional and overseas co-operation, with a view to reinforcing social and financial cohesion among its members.
§ The realization of programs that are co-funded by the European Union (E.U.) through the European Fund of Regional Development, the European Social Fund and/or the Cohesion Fund
§ The realization of actions of territorial co-operation amongst its members and the provision of services to those within the context of its statutory aims, with or without the E.U.’s financial contribution
§ The collaboration with scientific centers and institutions, established in the countries of the Mediterranean, with E.U. institutions and International organizations, self-governing or not.
§ Collaboration within the context of EU macro-regional strategies
§ Exchange of information, experiences, promotion and application of successful practices among its members
§ Access to information and knowledge by means of utilizing data banks, new technologies and the development of the information society
§ The research, pursuit, preservation, promotion and utilization of the cultural identity of the Peoples of the Mediterranean towards the safeguarding of intercultural dialogue, the development of bonds of friendship, co-operation, respect and acceptance of diversity.
§ Strengthening the participation of the Citizen and the agencies of the Local Societies within the frame of territorial, financial and social collaboration among its members
4.3 The E.G.T.C. is involved in partnerships for the implementation or territorial cooperation programmes and may also assume responsibility for the management of European Cooperation programmes as a managing authority in accordance with the definitions of Union law.
The duration of “E.G.T.C AMPHICTYONY.” is determined at twenty five (25) years and can be extended following a resolution of the General Assembly in accordance with Article 12 of its Charter.
The termination of “E.G.T.C AMPHICTYONY” occurs
1. After a resolution of the General Assembly, taken with a majority of 2/3 of its members, following the decisions of their collective bodies.
2. Following a petition made by any competent authority that has legitimate interest, the competent court or supervising authority provided in article 4 of the Regulation decides the termination of “E.G.T.C AMPHICTYONY.” for the reasons that are mentioned in the article 14 paragraph 1 of the Regulation. The competent court or administration authority can set a deadline in order for it to remedy the situation. If “E.G.T.C AMPHICTYONY.” does not comply, the competent court or administration decides on its termination.
3. In case of termination, whatever assets, real or movable, have been created are distributed among the members of “E.G.T.C AMPHICTYONY.” according to the share of each one of them.
LIST OF MEMBERS
7.1 The members of E.G.T.C AMPHICTYONY are the following
Municipalities: Aghioi Anargyroi-Kamatero, Aghia Varvara Attikis, Aghios Dimitrios Attikis, Aghios Nikolaos Crete, Alimos, Acharnes, Delfpi, Dionysos, Domokos, Dorida, Ilion, Kalavryta, Leipsoi, Mylopotamos, Molos - Agios Konstantinos, Nea Propontida, Orestiada, Paleo Faliro, Preveza, Pilea - Chortiatis, Rafina-Pikermi, Saronikos, Sofades, Stylida, Hydra, Farkadona, Nea Filadelfia- Nea Chalkidona, Fyli, Chios.
Unions: Regional Union of the Municipalities of Attika (PEDA)
Kerynia, Larnaka, Lefkara, Lysi, Community of Voroklini.
Municipality of Finiq
Comune di Bova Marina
Commune De Garons
Municipality: Ramallah, Qalqilia
7.2 It is agreed thatmunicipalities, regions, unions, and the associations and networks thereof, the Greek State, including the decentralized administrations, universities, public undertakings within the meaning of article 2(1)(b) of the Directive 2004/17/EC of the European Parliament and the Council of 31 March 2004, bodies governed by the public law within the meaning of Directive 2004/18/EC of the European Parliament and the Council of 31 March 2004, and undertakings assigned with providing services of general economic interest, in accordance with the EU and the national law, may become members of E.G.T.Cs in accordance with what is provided by the Regulation.
7.3 Those of the European and Mediterranean organizations and bodies above that wish to become members of “E.G.T.C AMPHICTYONY”, should submit an application to the Board of Directors, which makes the relevant recommendation in the first General Assembly after the submission of the petition. The Board of Directors examines the request for the entrance of a new member on condition that the local national authority has first given its relevant approval, in accordance with article 4 of the Regulation, especially those provided under paragraph 6 thereof.
7.4 Apart from the cases provided by article 13 of the Regulation, members of “E.G.T.C AMPHICTYONY” shall cease to be so if for two consecutive years fail to comply with their financial obligations or those specified in the Charter, or fail to carry out the tasks they have undertaken or do not act in accordance with the objectives and aims of “E.G.T.C AMPHICTYONY”. In which case the E.G.T.C will first invite such members to provide explanations. The General Assembly is the competent body to decide on whether a member of “E.G.T.C AMPHICTYONY” will cease to be one, with a resolution taken by the majority of the total of its members.
7.5. Members wishing to resign should notify the Board of Directors in writing and with the appropriate justification at least six (6) months before the annual Ordinary General Assembly. The resolution to resign does not exempt the member from its financial obligations to “E.G.T.C AMPHICTYONY”.
The applicable law for the interpretation and application of the present contract, the definition of the relations between E.G.T.C AMPHICTYONY and its members and the settlement of any issues that may arise during its operation is the law of the country of its seat, i.e the Greek law, subject to the application, when it is required, of the rules of the E.U. law.
FINANCIAL AUDIT AND MANAGEMENT MATTERS
9.1. The EGTCs which have their registered office in Greece:
a) Shall draw up an annual budget, approved by the General Assembly of their members, and including all their revenue and expenditure. A separate budget chapter lists their operating and investment expenses.
b) They keep duplicate books for their financial administration and property management, regardless of their annual gross income. These books are kept in accordance with Greek Accounting Standards.
c)The audit of the management of the public funds of E.G.T.C AMPHICTYONY. is conducted by the competent Greek authorities in accordance with what is defined in the provisions of article 4 of the number 36808/2008 (Greek Government Gazette Issue 1262/B/1-7-2008) Joint Ministerial Resolution of the Ministers of Interior, Economy and Finance, and Foreign Affairs regarding the Settlement of issues for the implementation of Regulation (EK) 1082/2006 of the European Parliament and the Council of July 5th 2006 for the European Group of Territorial Cooperation (E.G.T.C.).
9.2 a) Regular auditing is carried out by statutory auditors selected and appointed by the GA. of the E.G.T.C. The same resolution also defines their remuneration, which is charged to the budget of the EGTC.
b) The extraordinary auditing may be carried out by financial controllers of the Ministry of Finance.
9.3. The actions of the EGTC which are cofounded by the European Union are audited in accordance with the applicable law on auditing the management of E.U. funds, and in accordance with law 4314/2014 (A’ 265) and relevant Regulations.
9.4. The annual contributions of the EGTC members provided for in their statutes constitute legal expenses thereof. The repayment of the above contributions solely, in particular those of the local governments-their members, is governed by article 249(2) of law 3463/2006.
AMENDMENT OF THE CONTRACT
Any amendment of the present contract is approved by the member states concerned in accordance with the procedure described in Article 4 of Regulation 1082/2006/EC, and recorded and published in accordance with Article 5 thereof.
The bodies of “E.G.T.C AMPHICTYONY.” are:
- The General Assembly
- The Board of Directors
- The President of the Board of Directors
- The Executive Committee
12.1 The General Assembly of the members of “E.G.T.C AMPHICTYONY.” is the supreme body that elects the Board of Directors. It approves the administrative and financial report of the Board of Directors, the annual budget, the admission of new members as well as their expulsion, and the grant of the status of observer. It defines the general policy of “E.G.T.C AMPHICTYONY.” and in general decides on any issue referred to it.
12.2 The General Assembly of “E.G.T.C AMPHICTYONY” consists of the total of the representatives of its members, who hold only elective office, and are elected for the whole period of the Municipal term of office by the member’s collective body, as follows:
Each self-governing organization with a population of:
a. up to 10.000 inhabitants is represented by one representative in the GA who is respectively the mayor, the prefect, the president of the union, the regional governor, or an elected designate;
b. up to 30 thousand inhabitants is represented in the GA by two representatives, in accordance with the above;
c. over 30.000 inhabitants, is represented in the GA by three representatives.
In the above-mentioned cases b and c, at least one representative comes from the greater minority.
d. National authorities, public undertakings, public entities and in general, bodies which are not local government organizations or unions of such organizations, are represented by one representative, suggested in accordance with the relevant provisions thereof.
In addition to the above, in the G.A. of EGTC AMPHICTYONY can participate former members of the Board of Directors, provided their capacity is that of elected members.
Each representative in the G.A, has one vote.
12.3 The G.A. meets ordinarily once a year in its seat and extraordinarily whenever the Board of Directors decides so or when it is requested by the 1/3 of the members of the G.A with a request submitted to the Board of Directors defining the items on the agenda. It is possible for the G.A to meet in a city – seat of a member of “E.G.T.C AMPHICTYONY” if this has been proposed by the corresponding member and the proposal has been accepted by the board of “E.G.T.C AMPHICTYONY”. An invitation for the meeting of the GA, which shall state the items on the agenda, is sent to its members. The period of time between the delivery of the invitation and the holding of the annual ordinary General Assembly cannot be less than thirty (30) days and for the extraordinary General Assemblies fifteen (15) days.
12.4 The General Assembly is in quorum if half plus one of the paid up members are present, and makes decisions by the absolute majority of present members. In the event of non-quorum, the General Assembly is repeated the same day, at the time specified by the President of the GA, regardless of the number of members present. The duties of the President of the General Assembly are carried out by the President of the Board of Directors until the election of the presidium of the General Assembly.
BOARD OF DIRECTORS
13.1. The Board of Directors consists of thirteen (15) members, which are elected by the G.A. in a secret voting. Elections are carried out using a single ballot in which each representative may cross up to seven (7) candidates. The first five (5) members to receive the greater number of votes after the election of the thirteen (15) members of the Board of Directors will be their substitutes. At the end of the GA session, the elected members of the Board of Directors, elect by absolute majority of its members, the President, the 1st and 2nd Deputy Presidents, the Secretary and the Treasurer. If a member of the Board that comes from a body -member of a European or a third country, resigns or for any reason loses its elective status, he/she shall be replaced by the first runner-up coming from or nominated by the aforementioned body.The term of office of the members of the Board is in accordance with the Municipal term of office of the country of seat of the EGTC, and will be extended in any case, even if some of the board members have lost their elective status, until the election of the new Board of Directors but cannot exceed the four (4) months.
If during its term a member of the Board of Directors dies or resigns or if a representative of the local governments loses his electivity for any reason, he will be replaced by the first, in order of priority, substitute.
In addition to the above, a representative who has been elected in the Board of Directors is not replaceable during his term of office in the BoD.
13.2. To be assisted in its activities, the Board of Directors may:
a) set up committees consisting of its members or members of the General Assembly or third parties that have experience or special knowledge regarding the issues that concern “E.G.T.C AMPHICTYONY”. It is possible for staff of the members of “E.G.T.C AMPHICTYONY” to participate in these committees.
b) set up a “think tank” consisting of its former elected members, utilizing their knowledge and experience, which will be responsible for providing recommendations/suggestions to the Board of Directors.
13.3. The Board of Directors. meets at the headquarters of "E.G.T.C. AMPHICTYONY " at least 3 times a year, at the invitation of its President, which is served to the members at least 10 days before the day appointed for the meeting and contains the items on the agenda. Items of exceptional or urgent nature may also be discussed outside the agenda.
The Board of Directors may also meet at the headquarters of a member of the "EGTC AMPHICTYONY", if there is a written invitation to this effect.
The Board of Directors is in quorum when half of one of the directors is present and decides by an absolute majority of those present.
13.4. The Board of Directors may meet by teleconferencing. In this case, the invitation shall include all the necessary information for the participation of the members in the meeting. By decision of the Board of Directors the technical arrangements for the organization and conduct of the discussion shall be laid down.
13.5. The meetings of the General Assembly, as well as other actions or events of EGTC Amphictyony may be attended by observers on behalf of authorities or legal entities wishing to become its members, To this end, the entity concerned must submit an application to EGTC’s Management. Observer status, which is recognized by decision of the Board of Directors, may not be maintained for more than eighteen months after being obtained.
THE PRESIDENT OF THE BOARD
The President of the Board represents “E.G.T.C AMPHICTYONY” in front of any court, any national or community authority and any international body or organization.
He takes any necessary actions on its behalf binding it to third parties. The President signs all documents and orders of payment. He can assign part of his competences to the Deputy Presidents and to the Director the right to sign certain types of documents.
The Director is responsible for the smooth and unimpeded operation of the services of “E.G.T.C AMPHICTYONY.” The Director deals with all the matters designated to him by the President of the Board of Directors, proposes measures and actions to the Board, makes sure the resolutions of the Board of Directors are strictly observed and is responsible for the coordination of the actions of “E.G.T.C AMPHICTYONY”. The Director is appointed with a resolution of the Board and does not have to be elected.
THE EXECUTIVE COMMITTEE
The Executive Committee (E.C.) consists of the Chairman, the Secretary and the Treasurer of the Board.
The task of the Executive Committee is to handle the current affairs of “E.G.T.C. AMPHICTYONY”. The Board of Directors decides on the characterization of certain affairs as current and with its resolution the Board can transfer to the Executive Committee certain of its competences in order to facilitate its effective operation, such as the approval of expenses within the limits of the budget adopted by the General Assembly etc.
The Executive Committee is obliged to inform the Board regarding the actions it has taken, within the frame of the competences transferred to it, in the first Board meeting after these actions were carried out. The Board approves or not these actions of the Executive Committee. A possible non-approval of the Board of Directors cannot oppose any bona fide third parties.
DUTIES OF THE DEPUTY-PRESIDENTS – SECRETARY - TREASURER
17.1 The President is supported by two Deputy Presidents. The Deputy Presidents substitute the President in the order of their appointment when he is incapacitated, and also have the competences transferred to them.
17.2 The Secretary is responsible for keeping the minutes of the sessions of the Board of Directors and prepares with the President the issues on the agenda.
17.3 The Treasurer is responsible for the funds of “E.G.T.C AMPHICTYONY.” and makes payments with orders bearing his signature and which must also bear the signature of the President. He follows and is informed about the account of “E.G.T.C AMPHICTYONY.” that is kept in a bank.
17.4 In case of urgency, when the Treasurer is absent or unable to perform his duties he is replaced by the Secretary and vice-versa.
The official languages of “E.G.T.C AMPHICTYONY.” will be all the languages of its members. The Greek, the English, the French and the Italian languages are defined as working languages.
THE STAFF OF E.G.T.C.
19.1 “E.G.T.C AMPHICTYONY.” employs staff with a relationship of dependent employment of private law in accordance with the provisions of common labor law.
19.2. a) At the same time, for the purpose of fulfilling the duties in EGTC, it is possible to second to them staff that works under any kind of employment relationship in the central and regional departments of the public sector, of the independent authorities, of the 1st or 2nd degree local governments, as well as in those of legal entities of public law or private law, so long that they are part of the General Government, as this is defined by the Hellenic Statistical Authority in the Registry of General Government Entities. Secondment is carried out by decision of the Minister of the Interior and the competent Minister, at the request of the EGTC, with the agreement of the administrative body of the body concerned and the written consent of the seconded employee.
b) If the secondment concerns an employee serving in a local government - member of the EGTC, the decision is issued by the Minister of the Interior, at the request of the official concerned, with the agreement of the mayor or regional governor concerned.
c) The duration of the secondment is in any case two years and is extendable for an equal period. The remuneration of seconded employees for the needs of the EGTC shall be borne by the relevant body from which they are posted, by way of derogation from the relevant provisions of Law 4354/2015.
d) For the scientific and technical support of the EGTCs it is possible to recruit technical and scientific staff in accordance with their statutes.
19.3. Furthermore, “E.G.T.C AMPHICTYONY.” can enter into contracts of work or provision of services for special issues with third parties of corresponding knowledge or experience as well as to use staff through program contracts for the execution of programs and projects of territorial cooperation with Local government agencies and agencies of the public sector.
The financial resources of “E.G.T.C AMPHICTYONY.” are:
a)The annual contribution of its members, the amount of which as well as the criteria for its estimation is determined by the General Assembly with its resolution following a feasibility study and a proposal by the Board of Directors.
b)Grants provided by the state either by local government agencies, the European Union or by National and International Organizations
c) Funding for the realization of territorial co-operation programs, which come from the Community, mostly from the structural funds within the frame of the regulation (EC) number 1083/2006 and the regulation (EC) number 1301/2013 of the European Parliament and the Council dated July 5th 2006 for the European Fund of Regional Development.
d)Donations or property given by agencies or private citizens, which the Board of Directors may justifiably accept
e) Resources from the exploitation of the real or movable property of “E.G.T.C AMPHICTYONY.”.
LIABILITY - JURISDICTION
21.1 “E.G.T.C AMPHICTYONY.” is liable for its debts of any kind
21.2 “E.G.T.C AMPHICTYONY.” is liable for the actions of its bodies against third parties even when these actions do not fall into the duties of “E.G.T.C AMPHICTYONY.”
21.3 Third parties, who think that actions or omissions of “E.G.T.C AMPHICTYONY” are detrimental to them, are entitled to put forward their claim in court. To the extent that the assets of “E.G.T.C AMPHICTYONY” are not sufficient to meet its financial obligations, the members of “E.G.T.C AMPHICTYONY” are liable for its debts of any kind. The share of liability of each member is determined according to its contribution.
21.4 The courts determined by the community legislation regarding jurisdiction will be competent for settling the differences that arise concerning “E.G.T.C AMPHICTYONY.”. In any other case, the corresponding courts of Athens will be competent subject to what is defined in article 15, paragraph 2, section c of the Regulation.
VALIDITY – AMENDMENT PROCEDURES OF THE CHARTER
22.1. This Charter as well as its amendments of any kind are registered and published in accordance with article 5 of the Regulation and the relevant provisions of the Greek law.
22.2. This Charter, is approved by the General Assembly of the members of “E.G.T.C AMPHICTYONY”, is amended with a resolution of the General Assembly that is taken with a majority of 2/3 of its members. If the amendments are essential, within the meaning of article 4 paragraph 3 of the Regulation, then the relevant approval of the state members is required in accordance with the procedure of article 4 of the Regulation, and the contract must be amended accordingly.
The capital of EGTC AMPHICTYONY is the one of the “AMPHICTYONY” Network which had been acknowledged as such at the time of its establishment with this charter.
Municipalities: Aghioi Anargyroi-Kamatero, Aghia Varvara Attikis, Aghios Dimitrios Attikis, Aghios Nikolaos Crete, Alimos, Acharnes, Delfpi, Dionysos, Domokos, Dorida, Ilion, Kalavryta, Leipsoi, Mylopotamos, Molos - Agios Konstantinos, Nea Propontida, Orestiada, Paleo Faliro, Preveza, Pilea - Chortiatis, Rafina-Pikermi, Saronikos, Sofades, Stylida, Hydra, Farkadona, Nea Filadelfia-Chalkidona, Fyli, Chios.
Unions: Regional Union of the Municipalities of Attika (PEDA)
Municipality of Finiq
Kerynia, Larnaka, Lefkara, Lysi, Community of Voroklini.
Comune di Bova Marina
Commune De Garons