Thomas Wobben Representation of Saxony-Anhalt to the European Union Boulevard Saint Michel 80

1. „Mainstreaming Interregional Co-operation within the Operational Programmes“Proposal for a joint new dimension of bilateral co-operation between Mazovia and Saxony-AnhaltMeeting with Nina Malachowska,17.02.2011 Brussels Thomas Wobben Representation of Saxony-Anhalt to the European Union Boulevard Saint Michel 80 B-1040 Brussels Tel.: 00.32.2.741 09 31 Fax: 00.32.2.741 09 39 E-mail: thomas.wobben@lv-bruessel.stk.sachsen-anhalt.de

2. Starting Point: • Saxony-Anhalt and Mazovia are linked since 2003 with a regional partnership • Since then a number of co-operation projects were implemented successfully in the field of interregional co-operation • Both regions are currently managing large Operational Programmes in the field of Structural Funds • Both regions will cross at the end of the current funding period the 75% GDP threshold and will therefore loose their current “Convergence Region” status the institutional (regional partnership); functional experiences (carrying out interregional projects) and first of all the personal contact in place to establish a new quality of interregional co-operation between both regions!

3. Saxony-Anhalt

4. Mazowsze

5. The legal framework: Provisions in the Council Regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund* Article 37 6. At the initiative of the Member State, the operational programmes financed by the ERDF may also contain for the Convergence and Regional competitiveness and employment objective (a) the list of cities chosen for addressing urban issues and the procedures for sub-delegation to urban authorities, possibly by means of a global grant; (b) actions for interregional cooperation with, at least, one regional or local authority of another Member State. 7. At the initiative of the Member State concerned, the operational programmes for the ESF may also contain for the Convergence and Regional Competitiveness and Employment objectives a horizontal approach or a dedicated priority axis for interregional and transnational actions involving the national, regional or local authorities of at least one other Member State. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:210:0025:0025:EN:PDF

6. INTERREG – Art 37.6 b

7. Interact Research on Interregional co-operaiton in mainstream programmes According to official data, there are at least 30 European regions that named article 37.6 b or the will to establish some kind of European cooperation as a support activity for the realisation of its objectives, yet only three regions were successful in implementing projects. http://www.interact-eu.net/downloads/2542/_Analysis_of_article_37_6_b_Regulation_1083_2006_INTERACT_2010.pdf

8. Measures to support interregional co-operation in the mainstream Operational Programmes in Saxony-Anhalt

9. Saxony-Anhalt Interregional Part of ESF and ERDF Operational Programme of Saxony-Anhalt Support for bilateral and/or multilateral co-operation State Chancellery: Contact Point Implementation: Regional Development Bank 5,2 Mio. € support of the mainstream Operational programmes of which 2,2 Mio. € from the ERDF and 3 Mio. € from the ESF http://www.sachsen-anhalt.de/LPSA/fileadmin/Elementbibliothek/Bibliothek_Politik_und_Verwaltung/Bibliothek_Internationales/Dokumente/Foerderung/Leitlinien_EFRE_130808.pdf

10. Scope of interregional co-operation in the ERDF and ESF mainstream programmes of Saxony-Anhalt • I. bilateral or multilateral co-operation projects with institutions from the partner regions of Saxony-Anhalt, or regions with whom Saxony-Anhalt has signed a co-operation agreement: funding area – regional partnerships • II. bilateral or multilateral co-operation with institutions in other regions, which would like to cooperate with Saxony-Anhalt: funding area – regional co-operation • II. measures for awareness raising and partner search: accompanying measures in interregional cooperation

11. Funding area – regional partnerships • resources should be allocated through a joint mechanism including • a joint call for proposal could be based on joint call for proposal • a joint decision making procedure for selecting the projects similar to Regional Framework Operations • requirements: • comprehensive preparation work between the regions necessary • co-operation agreements about funding priorities and decision making procedures

12. Co-operation Project of Saxony-Anhalt Interregional Go Europe!  Europäisches Jugendkompetenzzentrum Sachsen-Anhalt EU Service-Agentur, Regional Development Bank Ausbau der interregionalen Zusammenarbeit im Bereich Biomasselogistik und Verbesserung der Voraussetzungen für die interregionale Kooperation in Forschungsprogrammen der EU, Fraunhofer Zentrum Schulung und Qualifizierung von Gärtnerinnen / Gärtnern und gartenaffinen Berufen im Bereich Pflege und Bewirtschaftung von historischen Garten- und Parkanlagen Sicherung und Ausbau der Fachkräftepotenziale in Sachsen-Anhalt und North East England durch interregionalen Erfahrungsaustausch von bewährten Praxisbeispielen Transnationale Partnerschaft Harz-Pongau - Teil Tourismus  Transnationale Partnerschaft Harz-Pongau - Entscheiderreise Personal Auszubildendenstudienreise Harz-Pongau Leadership Masterclass –Halle Academy European Animation Programme 2008 – Halle Academy

13. Problems with mainstreaming interregional co-operation • No co-ordinated mechanism between regions • Regions were not supported by finding interested regions for co-operation • No guidance • No information about eligibility rules • No experiences • At regional and European level • No accompanying measures • Limited support by the Commission or other organisations

14. Proposal for Regional Partnerships

15. Participating Partners Partner A Partner B Partner C Operational Programme Operational Programme Operational Programme … specific measure for Interregional cooperation specific measures for Interreg. coop. Interregional Co-operation Projects

16. Participating Partners: Co-operation Agreement Partner A Partner B Partner C Co-operation Agreement • set out the aims and objectives • defines a decision making mechanism • defines an implementation mechanism

17. Joint Steering Group Partner A Partner B Partner C Joint Steering Group • decision making body • defines the work plan and is in charge of project selection • consists of two persons per partner (including the intermediate bodies)

18. intermediate Bodies Partner A Partner B Partner C Operational Programme Operational Programme Operational Programme intermediate Body intermediate Body intermediate Body • overall responsible for implementation in the partners area • responsible for ensuring compatibilty with national and EU regulations

19. Possible Timetable Start of Projects Joint Selection of Projects Project duration to be defined Joint Call for Project Proposals Meeting of the Steering Group and decision on joint work plan 30.11. 15.12. 15.01. 1.02.

20. Development of Joint Work Plan OP Partner B OP Partner A • eligible topics • the scope, • the part of co-financing • the criteria for project selection Joint Work Plan OP Partner D OP Partner C

21. Project 1 Project 3 Project 2 Lead Partner Lead Partner Lead Partner Pt Pt Pt Pt Pt Pt Pt Pt Pt Application Procedure Joint Steering Group to select Co-operation projects

22. Project Finance Partner A (intermediate body) Partner B (intermediate body) Partner C (intermediate body) Project 2 Project 3 Project 1 Lead Partner Lead Partner Lead Partner Pt Pt Pt Pt Pt Pt Pt Pt Pt Pt = project partners

23. Project Finance II • each partner finances only the project partners on his territory according to the individual SF implementation mechanism • there is no transfer of resources between the partners Partner A (intermediate body) Project 2 Project 3 Project 1 Lead Partner Lead Partner Lead Partner Pt Pt Pt Pt Pt Pt Pt Pt Pt Pt = project partners

24. Draft Co-operation Agreement

25. Having regard to: • Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund. • Regulation (EC) No 1081/2006 of the European Parliament and of the Council on the European Social Fund. • other Structural Funds regulations ...

26. The agreement is made between: • Land SACHSEN-ANHALT (D) (partner 1) represented by and • XXX (partner 2) represented by and • XXX (partner 3) and • ...

27. § 1Subject of the agreement • Subject of this agreement is the organisation of a partnership in order to establish interregional co-operation projects within the Operational Programmes. • The partners agree on: • providing the necessary funding for interregional co-operation projects. • developing a joint implementation mechanism to carry out calls. • providing the necessary administrative procedures.

28. § 2Obligations • The partners commit themselves to doing everything in their power to foster the implementation • The partners shall fulfil all obligations arising from the implementation of the structural funds • Furthermore the partners shall: • appoint an intermediate Body. • implement the operation on the basis of a joint work plan and a budget allocation. • provide all necessary funding. • provide all necessary information to carry out the co-operation.

29. § 3Duties of the intermediate Bodies • The intermediate Bodies accept responsibility for reimbursement with respect to the territoriality principle. • The intermediate Bodies agree on joint procedures and time schedules for payment and accounting. • Each intermediate Body accepts responsibility for the accuracy of the accounting and the financial reports. • Each intermediate Body is responsible for reclaiming any reimbursement to its beneficiaries.

30. § 4Steering Committee • The partners form a Steering Committee of two people of each partner. • The Steering Committee decides unanimously on the preparation of a joint work plan, public relations measures, the selection of projects as well as on the budget allocation. • The work of the Steering Committee is carried out on the usual ways of communication.

31. § 5Work plan and budget allocation • Until 31st of November each year the partners agree within the Steering Committee about the joint work plan and the indicative budget allocation: • The budget allocation includes key information of the allocated budget. • The work-plan include key information on the eligible topics, the scope, the part of co-financing and the criteria for project selection. • The work plan alleges a clear procedure for the project selection. • Each modification of the work plan and the budget allocation requires the adoption of the Steering Committee.

32. § 5Work plan and budget allocation • The application for projects follows the „Lead Partner Principle“. • The selection of projects by the Steering Committee is based on criteria which are defined jointly. • On the basis of the decision of the Steering Committee each intermediate Body will provide a letter of approval for the participating beneficiary.

33. § 6Reports • The intermediate Bodies provide each other with all information regularly. • Before the Steering Committee meets in November of each year, the intermediate Bodies shall draw up a joint implementation report.

34. § 7Publicity measures • The intermediate Bodies implement joint measures that ensure an adequate promotion of the operation. • The partners are required to pay regard to the rules of information and publicity measures for the use of structural funds. • The partners agree that they are authorised to publish the following information: • The name of the project partners. • The purpose of the subsidy. • The amount granted and the proportion of the total costs. • The geographical location of the operation.

35. § 8Confidentiality and Secrecy • The partners agree that only documents and other elements explicitly labelled “confidential” shall be regarded as such. • The partners commit to taking measures to ensure that all staff members of this project respect the confidential nature of the information. • This confidentiality clause shall remain in force for two years following the termination of the agreement.

36. § 9Cooperation with third parties, delegation and outsourcing • In the event of cooperation with third parties, of the delegation of part of the activities or of outsourcing, the intermediate Bodies shall remain the sole responsible party to comply with the obligations of the agreement. • The partners shall be informed about the subject and party of any contract concluded with a third party.

37. § 10Assignment, legal succession • The partners are not allowed to assign their duties and rights under the agreement without the prior consent of the other parties to the agreement. • In the case of legal succession, the partners concerned are obliged to transfer all duties under the agreement to their legal successors.

38. § 11Working languages, translation languages • The working languages of the partnership in English only.

39. § 12Applicable law, disputes between partners • Should a dispute arise between partners of the operation, every partner shall be obliged to submit the dispute to the Steering Committee in order to reach a consensual settlement. • Should a compromise through mediation of the Steering Committee not be possible, every partner shall be allowed to withdraw from this co-operation, according to § 15, on the conditions that all obligations from the co-operation have been fulfilled.

40. § 13Nullity • If any provision in the agreement should be ineffective, invalid or impracticable, this has no impact on the validity of the remaining agreement. The partners commit to replacing the invalid provision with a valid one that matches the original aim of the invalid provision.

41. § 14Amendment of the agreement • The agreement shall only be amended in writing by means of an amendment to that effect signed by all parties involved.

42. § 15Duration of the agreement, determination • The agreement will enter into force retrospectively (ex tunc) from ____ 2011 onward. It shall terminate on the date each of the partners will close their Operational Programmes. • The agreement can be determined by one, several or all partners, in the event that the preconditions for an ongoing co-operation are not longer endowed.

43. § 16Membership of new partners • Other European regions/states are allowed to enter into the agreement with the approval of the partners. The application for membership hat to be signed by all (old and new) partners.

44. Proposal for an Open Call for Projects

49. Co-operation with the European Commission • Up to now only very few regions have including interregional resources in their Mainstream Programmes • DG Regio is keen to extend this possibility in other regional Operational Programmes • The current mid-term evaluation of the SF-Mainstream Programmes could be used: • To include such possibilities in the revised Operational Programmes • To support those regions to do so with a close co-operation with the European Commission • The Commission is interested in direct experiences in applying this possibility on the ground

50. Co-operation with the European Commission:Proposal • Inviting the European Commission in joining the activities in setting up this co-operation process • Addressing questions which might arise in the implementation of the possibilities directly with the Commission • Involving the Commission in launching this co-operation in the time to come.