by ACI Partners

News23 March 20160 comments

Cross Border Cooperation

CROSS-BORDER COOPERATION

The signing by the Republic of Moldova of the Association Agreement with the European Union in 2014 and the issues related thereon represent the most discussed subjects in the legal and economic national debates.  The importance of the international collaboration among the Republic of Moldova, and the European Union and its States Members may not be neglected.  

One of the challenges in EU – Moldova relations represents the contribution to a more active implication of Moldovan border regions in solving of regional problems through cross-border cooperation programmes and initiatives.  This topic represented a priority in the Partnership and Cooperation Agreement, and is maintained by the Association Agreement.  

Cross-border cooperation represents the “neighbourly cooperation in all areas of life between regional and local authorities along the border and involving all actors”, as defined by the Association of European Border Regions.  It has a long history within the European Union and across its external borders dating back from 1950s.  

It is well known that the regions located on both parts of the Romanian-Moldovan border represent a special area of fluxes and exchanges of cultural, social and economic nature among different actors in that regions.  That border regions share problems and challenges of similar nature, including in the field of environment protection, education, transport and telecommunication, business activity.  The same is applicable to the regions located at the Moldova – Ukrainian border.  

The combined efforts of the border regions may serve as an excellent opportunity for their development and for the increase of the welfare for the inhabitants in the regions.

Since Romania became an EU member, EU cross-border cooperation programmes and initiatives involving Moldova started to be more substantial.  In February, 2016, Chisinau hosted a national conference where the cross-border cooperation achievements and opportunities for the Republic of Moldova have been discussed.  Among achievements, Moldovan officials identified the construction of Iasi-Ungheni pipeline, common efforts against flood consequences, etc.  It is worth mentioning also the assistance of EUBAM mission at the Moldova – Ukraine border since 2005, enhancing the cross-border cooperation between the two countries in particular in the field of customs issues.

Moldovan border regions participate to the cross-border cooperation within Euroregions, including Low Danube Euroregion (1998), Upper Prut Euroregion (2000), Siret-Prut-Nistru Euroregion (2000).  

Moldovan border regions continue to be part to the EU cross-border cooperation programmes and initiatives.  According to the Programming of the European Neighbourhood Instrument (ENI) for the period 2014-2020, UE intends to finance 17 cross-border cooperation programmes, and Moldova has been included as eligible partner in one land programme, namely the Joint Operational Programme Romania-Moldova and one sea-basin programme – the Black Sea Programme.  

EU also approved in 2014 the Single Support Framework (SSF) for EU support to Moldova in 2014-2017, which is focused on helping public institutions, citizens and the business community to seize the benefits and opportunities of the Association Agreement, including also cross-border cooperation initiatives.  This new programming document will shape EU cooperation with the Republic of Moldova during the period 2014-2017 in three priority sectors, namely (i) public administration reform, (ii) agriculture and rural development and (iii) police reform and border management.

As regards internal regulation, Moldova does not have a special legal act specifically dedicated to cross-border cooperation.  The existent regulations on local public administration, however,  allows local public authorities to cooperate with their counterparts across the border, signing agreements and participating in regional development programmes, without involvement or approval from central public authorities.  

In spite of the above, the opportunities of cross-border cooperation have not been used to the full extent by Moldovan border regions and the actors located there, including by business operators in the regions.  One of the reasons is facing the difficulties with setting-up of cross-border partnerships among the private entities across the borders.  

In this regard, ACI Partners provides qualified legal assistance on all legal aspects related to the setting-up and operation of cross-border partnerships, in order to establish, maintain or improve the connections among the partners across Romania-Moldova or Moldova-Ukraine borders.  We may also assist potential cross-border partnerships to correspond to the qualification requirements when they apply for cross-border cooperation programmes and projects funded by EU or other international or foreign donors.  Our experts may also be involved in negotiation of the awarded agreements, as well as in legal assistance for solving of legal issues that may arise during the contracts implementation.  

For more information or support on cross-border cooperation matters please contact, Carolina Parcalab, ACI Partners Legal Manager.  

Carolina Parcalab
Legal Manager
ACI Partners
www.aci.md