Preparation and submission of cross-border files
1. The initiator shall prepare a cross-border file in accordance with Article 8.
2. The initiator shall submit the cross-border file to the cross-border coordination point in one of the Member States in the territory of which the geographical area concerned by the alleged cross-border obstacle is located.
3. Where cross-border files concerning the same cross-border obstacle are submitted in two or more neighbouring Member States, the respective cross-border coordination points shall liaise with each other to determine which one of them shall handle the cross-border file. The other cross-border coordination points shall transfer their cross-border files accordingly.
Content of cross-border files
1. The cross-border file shall contain at least the following elements:
(a)
a description of the cross-border interaction and its context;
(b)
a description of the problem arising from a cross-border obstacle;
(c)
the reason for the need to resolve the cross-border obstacle;
(d)
where available, a description of the negative impact of the cross-border obstacle on the development of the cross-border region;
(e)
the geographical area concerned;
(f)
where known and relevant, the expected necessary duration of the application of a derogation from or exception to the cross-border obstacle or its removal;
(g)
where known, information on whether a cross-border file concerning the same alleged cross-border obstacle has been submitted to another cross-border coordination point.
2. The initiator may also identify the cross-border obstacle and, if possible, suggest the text for a derogation from or exception to the cross-border obstacle or for resolving the cross-border obstacle by way of an ad hoc legal solution.
3. The geographical area referred to in paragraph 1, point (e), shall be limited to the minimum necessary to resolve the cross-border obstacle in an effective manner.
Assessment steps
1. The cross-border coordination point or the competent authority shall assess each cross-border file submitted pursuant to Articles 7 and 8 and shall identify the cross-border obstacle, if any.
2. Within two months of the date of submission of the cross-border file, the cross-border coordination point or the competent authority may request the initiator to clarify the cross-border file or to submit specific additional information.
If, following the assessment steps referred to in paragraph 1 and the first subparagraph of this paragraph, of this Article, the cross-border file does not contain all the elements required by Article 8(1), the cross-border coordination point or the competent authority may close the file, setting out the reasons therefor, and the cross-border coordination point shall inform the initiator accordingly.
3. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that there is no cross-border obstacle, the cross-border coordination point or the competent authority may close the file, setting out the reasons therefor, and the cross-border coordination point shall inform the initiator accordingly.
4. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that the alleged cross-border obstacle falls within the competence of another Member State, it shall contact the cross-border coordination point in that other Member State or, in the absence thereof, the relevant authority in that Member State.
Where that cross-border coordination point or relevant authority agrees, the cross-border coordination point shall transfer all relevant information to it, and immediately inform the initiator accordingly.
5. Where, after assessing a cross-border file, the cross-border coordination point or the competent authority concludes that there is a cross-border obstacle, it may contact either a cross-border coordination point or, in the absence thereof, the relevant authority of a neighbouring Member State or Member States.
6. The cross-border coordination point or the competent authority in the Member State concerned by the cross-border obstacle may proceed in one of the following ways:
(a)
where possible, rely on an international agreement in force, whether bilateral or multilateral, sector-specific or multi-sectoral, which provides for a mechanism to resolve such cross-border obstacles between the Member States party to such an agreement;
(b)
where applicable, rely on other procedures existing under the law of the Member State concerned;
(c)
create ad hoc mechanisms;
(d)
apply the Cross-Border Facilitation Tool laid down in Chapter IV, either individually or, if necessary and agreed, jointly with the neighbouring Member State;
(e)
choose not to resolve the obstacle and close the file.
For the purposes of point (a), resolving the cross-border obstacle, including elements such as the actors involved and the procedure to be followed, in particular for liaising and cooperating with the neighbouring Member State, shall be governed exclusively by the provisions of that agreement.
Information to be provided to the initiator
1. The cross-border coordination point shall inform the initiator in writing of the assessment steps carried out in accordance with Article 9, within the standard time limit provided for by national law for a response to an equivalent request.
2. Where no such time limit is provided for by national law, the following time limits shall apply:
(a)
three months from the date of reception of the cross-border file by the cross-border coordination point for the assessment steps referred to in Article 9(2), second subparagraph;
(b)
six months from the date of reception of the cross-border file by the cross-border coordination point for the assessment steps referred to in Article 9(3), (4), (5) and (6).
3. The information to be provided under paragraph 1 shall indicate:
(a)
the assessment steps taken, the reasons therefor and, where available, conclusions reached; and
(b)
what means of legal redress are open to the initiator under national law against those assessment steps.
The legal redress shall be limited to verifying the respect of procedural rights referred to in this Regulation.
4. The time limit referred to in paragraph 1 of this Article may be extended in accordance with the national rules applicable to similar procedures. In the absence of such national rules, the time limits under paragraph 2 of this Article may be extended by a maximum of three months where a cross-border coordination point or a competent authority concludes that more time is needed for legal analysis or for consultations inside the Member State or for coordination with the neighbouring Member State, pursuant to Article 9(1).
