INTERJURISDICTIONAL COOPERATION MODELS INTERJURISDICTIONAL COOPERATION MODELS December 2019 Contents © 2018 International Bank for Reconstruction and Development / The World Bank 1818 H Street NW Washington DC 20433 Telephone: 202-473-1000 Internet: www.worldbank.org EXECUTIVE SUMMARY VII This work is a product of the staff of The World Bank with external contributions. The findings, interpretations, and conclusions expressed in this work do not necessarily reflect the views of The World Bank, its Board of Executive Directors, or the governments INTRODUCTION 1 they represent. EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 7 The World Bank does not guarantee the accuracy of the data included in this work. The boundaries, colors, denominations, and other information shown on any map in this work do not imply any judgment on the part of The World Bank concerning the legal status of Interjurisdictional cooperation in France 11 any territory or the endorsement or acceptance of such boundaries. Interjurisdictional cooperation in the Netherlands 34 Rights and Permissions Interjurisdictional cooperation in Spain 43 The material in this work is subject to copyright. Because The World Bank encourages dissemination of its knowledge, this work may Preliminary conclusions – relevance for Romania 60 be reproduced, in whole or in part, for noncommercial purposes as long as full attribution to this work is given. Any queries on rights and licenses, including subsidiary rights, should be addressed to World Bank Publications, The World Bank LEGISLATIVE FRAMEWORK FOR INTERJURISDICTIONAL COOPERATION IN ROMANIA 63 Group, 1818 H Street NW, Washington, DC 20433, USA; fax: 202-522-2625; e-mail: pubrights@worldbank.org. Evolution of the legislative framework on interjurisdictional cooperation and metropolitan areas 65 Legislative framework for the funding and functioning of interjurisdictional cooperation 66 Legislative framework for the involvement of the private sector in Interjurisdictional cooperation models 70 Conclusions 72 MODELS OF INTERJURISDICTIONAL COOPERATION IN ROMANIA 73 Identification of active multi-municipal territorial cooperation agreements for the current 39 Article 7 municipalities 76 EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 81 Oradea Metropolitan Area 83 Benefits of metropolitan coordination 84 IDA in the context of attracting EU funds and potentially using the ITI tool for 2021-2027 85 Examples of multi-jurisdictional cooperation in the Oradea Metropolitan Area 86 IDA in the context of financial instruments: The OMA Fund 90 Iași Metropolitan Area 91 Benefits of metropolitan coordination 93 IMA in the context of Romania’s pre-accession period and the 2007-2013 and 2014-2020 programming periods 94 DISCLAIMER Examples of multijurisdictional cooperation in IMA 96 Risks and constraints hampering interjurisdictional cooperation 98 This report is a product of the International Bank for Reconstruction and Development/ Cluj Napoca Metropolitan Area (CNMA) 99 the World Bank. The findings, interpretation, and conclusions expressed in this paper do not Benefits of metropolitan coordination 100 necessarily reflect the views of the Executive Directors of the World Bank, the European IDA in the context of attracting EU funds for 2021-2027 102 Commission, or the Government of Romania. The World Bank does not guarantee the accuracy Examples of multi-jurisdictional cooperation in the Cluj-Napoca Metropolitan Area 102 of the data included in this work. Constanța Metropolitan Area 104 Benefits of metropolitan coordination 106 IDA in the context of attracting EU funds and potentially using the ITI tool for 2021-2027 107 Examples of multi-jurisdictional cooperation in Constanța Metropolitan Area 108 Financial Resources 111 Risks and constraints hampering interjurisdictional cooperation 112 This report has been delivered in September 2019, under the Administrative Agreement Number Ploiești Metropolitan Area 112 2019CE160AT020 (under TF073325) on the Romania Multi-municipality Financing Program, signed Benefits of metropolitan coordination 114 between the European Commission and the International Bank for Reconstruction and Development. It IDA in the context of attracting EU funds 115 corresponds to Output 3 in the above-mentioned agreement. Examples of multi-jurisdictional cooperation 116 Risks and constraints hampering interjurisdictional cooperation 117 Brașov Metropolitan Area Examples of multi-jurisdictional cooperation 117 118 Abbreviations and Acronyms BMA IDA in the context of financial instruments: The Urban Development Fund (UDF) 119 Alba Iulia Metropolitan Area 122 AA Administrative Agreement Benefits of metropolitan coordination 124 AFM Environment Fund Administration AIDA in the context of attracting EU funds - The first integrated metropolitan transport system in Romania 124 ANFP National Public Functionaries Agency Other examples of multi-jurisdictional cooperation 126 ANIF National Land Improvement Agency Risks and constraints hampering interjurisdictional cooperation 127 ANL National Housing Agency ANOFM National Employment Agency Conclusions on interjurisdictional cooperation in urban areas in Romania 128 CLLD Community-Led Local Development CNI National Investment Company Identification of functional urban areas in Romania 129 EBRD European Bank for Reconstruction and Development ESF Environmental and Social Framework ESFI European Fund for Strategic Investments Conclusions and recommendations on the prospects for a metropolitan approach and ERDF European Regional Development Fund interjurisdictional cooperation in Romania 143 ESPON European Spatial Observation Network EU European Union ANNEX 1. Metropolitan areas in Romania 150 FS Feasibility Study FUA Functional Urban Area BIBLIOGRAPHY 155 GDP Gross Domestic Product GIS Geographic Information System GoR Government of Romania FIGURES IB IDA Intermediate Body Intercommunal Development Association INA National Administration Institute ITI Integrated Territorial Investment FIGURE 1. NUTS 2 regions classified by Cohesion Policy category and Lagging Region category 4 IUDP Integrated Urban Development Plans FIGURE 2. Intercommunal cooperation agreements in France 13 IUDS Integrated Urban Development Strategy JRC Joint Research Center FIGURE 3. Spatial distribution of the territorial collectivities (métropoles) 13 LAG Local Action Group MA Managing Authority FIGURE 4. Metropolitan areas and Functional Urban Areas in Romania 131 MC Ministry of Culture FIGURE 5. Metropolitan areas and territories with reduced accessibility to regional centers and MEN Ministry of Education services of general interest 132 MS Ministry of Health MMFPS Ministry of Work and Social Justice FIGURE 6. Metropolitan areas and protected natural areas in Romania 133 MRDPA Ministry of Regional Development and Public Administration MT Ministry of Tourism FIGURE 7. Population growth (%) in county capitals in Romania 134 NGO Non-governmental Organization FIGURE 8. Urban sprawl of county capitals in Romania, Source: Corinne Landcover - CLC 135 PPP Public Private Partnership PNCDI National Research and Development and Innovation Program PNDL National Local Development Program PUG Local Spatial Plan (Plan Urbanistic General) TABLES PUZ RAS Zonal Urban Plan (Plan Urbanistic Zonal) Reimbursable Advisory Services Agreement RDA Regional Development Agency TABLE 1. Base information on selected French metropolitan areas 14 ROP Regional Operational Programme SUD Sustainable Urban Development TABLE 2. Models of Interjurisdictional cooperation in Romania 75 SUMP Sustainable Urban Mobility Plan TAU Territorial Administrative Unit TABLE 3. Active multi-municipal territorial cooperation agreements for the current 39 Article 7 TF Trust Fund municipalities 77 TP Technical Project UA Urban Authority WB World Bank VI OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS Acknowledgements This report has been delivered under the provisions of the Administrative Agreement on the Romania Multi-municipality Financing Program and prepared under the guidance and supervision of David N. Sislen (Practice Manager, Social, Urban, Rural and Resilience, Europe and Central Asia) and Tatiana Proskuryakova (Country Manager, Romania and Hungary). This report was developed by a team under the coordination of Paul Kriss (Lead Urban Specialist) and made up of Ioana Ivanov (Senior Urban Development Specialist), Nic Țarălungă (Lead Urban Development Specialist), Sorina Racoviceanu (Lead Urban Specialist), Reinhold Stadler (Senior Urban Development Specialist), Daiana Ghintuială (Urban Development Specialist), Eva-Viorela Sfârlea (Urban Specialist), Marcel Ionescu-Heroiu (Senior Urban Development Specialist), Yondela Silimela (Senior Urban Specialist), Adina Vințan (Operations Specialist), and George Moldoveanu (Information Assistant). EXECUTIVE SUMMARY The team would like to express its gratitude for the excellent cooperation, guidance, and feedback provided by the representatives of the European Commission, the representatives of the Romanian Ministry of Regional Development and Public Administration, the representatives of the Romanian Ministry of European Funds, and the multitude of local and regional actors who have helped with the development of this report. . EXECUTIVE SUMMARY IX This report explores interjurisdictional cooperation models through three broad lenses: i) International case studies, ii) Romanian legislative framework governing interjurisdictional organizations and iii) examples of interjurisdictional cooperation institutions in Romania. On the basis of these, key observations and recommendations are made with the intent of informing both the Romanian government and EU as part of the 2021-2027 Programming Period. The first lens looked at a total of nine case studies from three countries, France, Netherlands, and Spain – the following is worth noting: Successful interjurisdictional cooperation is anchored on clear permissive national legislative frameworks. In the case studies, the legal bases governing, guiding and enabling interjurisdictional cooperation matured over time. This evolution ranged from legal instruments to enable interjurisdictional cooperation, increased powers, and functions to these institutions – with some in France having own taxation authority, through to capacity building and fiscal instruments that seek incentivize and enable interjurisdictional cooperation. There are varied forms of organization ranging from single to multipurpose structures, constituted through contracts, agreements and associations, inclusion of private sector partners in formats other than public-private partnerships (PPPs). Brainport Eindhoven is an interesting example of private sector involvement. Caution must however be exercised in ensuring judicious use of public resources. Clear attribution, delineation of powers and functions between these and constituting municipalities is paramount, a fair and representative governance structure and a clear program of action, all aid in cohering the activities of the cooperation. In all the case studies explored, there is evidence of a clear delineation between governing authority (made up of elected representatives), administrative authority (some have their own capacity while others share municipal capacity) and advisory capacity (often constituted of highly specialized individuals who bring in expertise that would not ordinarily be affordable or justifiable by a single municipality). In addition, there are varied funding and financing approaches adopted, with some being financed from a combination of EU funds, national grants and subsidies, contributions from constituent municipalities and own revenues (taxes, fines, service fees, etc.) X OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXECUTIVE SUMMARY XI The ability to partner with the private sector is key as city economies are becoming increasingly Capacity building and funding and financing mix central in enabling and supporting complex, requiring skills and capacities that are not traditionally resident in government entities. interjurisdictional cooperation. In some instances, cooperation was driven by the existence of Private-public partnership models need to be simplified. This requires building the capability to partner EU financial incentives, and while this may have stimulated demand, it is not sustainable. As with the private sector through building sophisticated public sector capacity in these organizations. such, focus should be given to building evidence-based decision-making capability. The work undertaken on the FUAs is a critical step in this regard as it shows the interrelated nature of The second lens looked at the Romanian legislative framework. Romanian law recognizes the urban economies. National fiscal instruments should consider reorienting themselves to provide import of, and provides for, the establishment of interjurisdictional co-operation. These provisions some domestic incentives to projects that address these FUA-wide challenges and optimize have been in place since 2001 with regular refinements. However, further enhancements would be urban agglomeration opportunities. Over time, these institutions can be given increased powers beneficial in relation to the following: and functions to be able to generate financial resources from their activities. Centrality of spatial planning legislation to clearly define an integrated and unitary planning Consideration should be given to targeted support in the 2021-2027 Programming Period that system. Currently, there are overlaps between the powers and function of interjurisdictional enables sub-national interjurisdictional cooperation/metro areas to also apply for and access organizations and their constituting municipalities in the compilation of the suite of plans provided funds directly. for in legislation. At the core of this rationalization should be a requirement for metropolitan authorities to delineate taking account of the functional urban areas (FUAs) and use this to It is worth noting that although most metropolitan areas had an opportunistic genesis (i.e. as a compile metro/FUA-wide Integrated Urban Development Strategies (SIDU). These should be vehicle to access EU funds), some (as reflected in the Romanian case studies) have managed to compiled through an iterative process considering both metro/FUA-wide and municipal level operate relatively successfully, and expand mandates, even without EU funds. This is evidence development forces. The SIDU, once endorsed by all constituting municipalities and approved by that the initial investment by the European Commission (EC) is having the desired effect of the multijurisdictional authority, should be the basis of metro wide projects. stimulating an innovative approach to urban governance and development. The real value of multijurisdictional institutions is not only in integrating projects across administrative boundaries but also in overlaying this with cross-sectoral integration. While there is clear emphasis and experience in water, sanitation, and transport, there are opportunities to expand this to integrating other sectors such as environment, culture, health, social services, etc. As such, to the extent that there are legislative limitations, removing such should be considered. Consideration should be given to other mechanisms to enable implementation of a decision/ investment that has interjurisdictional importance in the event of unjustified non-cooperation of members. Since 2010, there have been attempts to establish a metro-wide transport authority to which all members had initially agreed. In instances where there is a clear business case for a multijurisdictional intervention which is being stalled by a Territorial Administrative Unit (TAU) member, consideration should be given an explicit conditioning of further EU financing for such intervention to be in place, in this instance, of the pre-existence of this transport authority; and/or in the case of interventions considered and formally declared as strategic interventions of national or regional importance, by governmental decisions, or even normative acts approved in the Romanian Parliament. The third and final lens that the report explores looks at the current state of play in relation to these organizations in Romania to date. Romania has extensive experience with interjurisdictional cooperation institutions with the first being established in 2004. Some of the key lessons emanating from a review of their performance are: There is appetite and need for multi-jurisdictional cooperation and there is recognition that they are a national imperative for the continued growth of the country. This is evidenced by the demand for these organizations beyond the initially identified growth and development poles. These institutions can take multiple forms which can and will change over time, from program based and time-bound interventions to those anchored on clear shift of powers and functions and increased decentralization. The aforementioned legislative changes should seek to enable this. INTRODUCTION INTRODUCTION 3 The mandate of the EU’s Cohesion Policy is to narrow development gaps and reduce disparities between member countries and regions. Around 454 billion euros of European Structural and Investment (ESFI) Funds have been allocated to help EU regions become more competitive in the 2014-2020 Programming Period, with a focus on less-developed regions (with a GDP per capita (PPS) of less than 75% of the EU average) and transitions regions (with a GDP per capita (PPS) between 75% and 90% of the EU average). However, not all EU regions have been able to fully take advantage of the benefits, due inter alia to the effects of the 2008 economic crisis and structural problems. Consequently, Ms. Corina Crețu, the Commissioner for Regional Policy, with the Task Force for Better Implementation, initiated the Lagging Regions Initiative to identify growth constraints in less-developed regions, and provide targeted assistance and programs to foster growth. Thus, lagging regions development support is offered to a broad range of stakeholders (regional and local administrations, educational institutions, business support institutions, small-and medium enterprises (SMEs), entrepreneurs, investors, Non-governmental organizations, international financing institutions). This support is meant to maximize the impact of regional investments. Two types of lagging regions were identified in the EU: • LOW GROWTH REGIONS: cover less-developed and transition regions that did not converge to the EU average between the years 2000 and 2013 in member states with a GDP per capita (PPS) below the EU average in 2013. These include almost all the less- developed and transition regions of Greece, Italy, Spain, and Portugal. • LOW INCOME REGIONS: cover all the regions with a GDP per capita (PPS) below 50% of the EU average in 2013. This group covers the less-developed regions of Bulgaria, Hungary, Poland and Romania. Poland and Romania were the first countries to pilot this initiative, with two regions each – Świętokrzyskie and Podkarpackie in Poland, and Northwest and Northeast in Romania. Since these first pilot projects, the work has been extended both thematically and geographically (e.g. Slovakia was included in the initiative), with a focus on determining how regions can become more competitive and inclusive. 4 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS INTRODUCTION 5 FIGURE 1. a dedicated operational program, a dedicated priority axis, within an operational program, or NUTS 2 regions classified by Cohesion Policy category (left) and Lagging Region category (right) with the help of tools such as Integrated Territorial Investments (ITI) or Community-Led Local Development (CLLD). The European Commission also wants to offer “more incentives for a more EU Cohesion Policy region Lagging region More developed Low income effective governance based on partnership, multi-level governance and an integrated place-based Transition Low growth approach in its programs”2. Less developed Non-EU or No data Thus, all EU member countries, Romania included, must have a stronger focus on cross-sectoral and interjurisdictional approaches, and they have to better respond to the needs of territories that may not be defined by one clear administrative boundary. With this in mind, a new Administrative Agreement (AA) for the Romania Multi-municipality Financing Program was signed between the European Commission and the International Bank for Reconstruction and Development with the objective to support Romania to identify ways to improve the impact of its investments in urban areas through better territorial planning, and by providing inputs into the design of multi-municipal financing instruments, and recommending relevant institutional structures. The following activities are envisaged under the program: • Activity 1. Identification of intervention areas/sectors, in which there could be intrinsic added value for channeling EU funding through municipalities, FUA /metropolitan and/or regional associative bodies (such as IDAs , RDAs etc.) in place of, or in addition to national authorities (health, tourism, energy, education, social services, urban and metropolitan/ regional transport, competitiveness, and support for SMEs and innovation, etc.). 0 250 500 1,000 km 0 250 500 1,000 km • Activity 2. Analysis of the need for overall or sector-specific forms of territorial cooperation (such as metropolitan IDAs, project-oriented partnerships between TAUs, Analytical work undertaken in recent years,1 indicates that the performance of regions in the etc.), for instances in which EU funding could be organized at the subnational level. These EU is clearly linked to the performance of urban areas within the region. The most dynamic forms of cooperation could complement or supplement the current model used for EU EU regions either have one or more metropolitan areas or urban agglomerations within their funding, which focuses only on the administrative territory of eligible county seats. boundaries, or they are close to one in another region. Without strong urban areas, one cannot have strong regions. Cities function as pulse beacons, diffusing development to the areas around • Activity 3. If the opportunity for such an intercommunal or regional model is confirmed them. for any of the intervention areas/sectors under analysis, the project will identify suitable organizational models (for example, establishing a new intercommunal association or Strong cities alone are not enough though, to ensure that the benefits of city development are making use of an existing one, or ad hoc initiatives (such as a partnership agreement complemented by appropriate development of the urban hinterland, it is critical to devise and for a certain investment project) that are functional within Romania for each of the encourage interjurisdictional cooperation and development. Few urban investments nowadays intervention areas/sectors. have impact only on one administrative unit, so provisions should be in place for interjurisdictional planning and implementation. The suburban and peri-urban areas of Bucharest and the 40 Activity 4. In case EU funding is proposed on a new, alternative organizational model, • county capitals generate 20% of firm revenues in the country, have attracted 31% of migrants, different from the ones already existing in Romania and based on international best and have received 32% of new housing units after 1990. However, little has been done to foster practices, establish implications for: interjurisdictional dynamics between core cities and their suburban and peri-urban areas (e.g. i. The need for integrated urban development strategies/plans metropolitan mobility, cross-jurisdictional investments, sharing of services). ii. The need to strengthen administrative capacity at different levels For the 2021-2027 Programming Period, the European Commission has decided that the European This report corresponds to Activity 2 listed above and explores various multi-jurisdictional Regional Development Fund (ERDF) will have a stronger focus on Sustainable Urban Development models, their efficacy in improving investment decisions, project implementation as well as their (SUD) activities, with member states having to allocate at least six percent of ERDF funds applicability to the Romanian context. It provides an objective backdrop against which decisions for integrated development in urban areas (Sustainable Urban Development), either through on ideal organizational modalities can be considered. 1 See for example: Farole, Thomas, Soraya Goga, and Marcel Ionescu-Heroiu. 2018. Rethinking Lagging Regions: Using Cohesion 2 European Commission. 2018. Policy Objective 5 – Europe Closer to Citizens and Tools for Integrated Territorial Development. Policy to Deliver on the Potential of Europe’s Regions. World Bank Publications. [Policy Paper} EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 9 This section considers the experience of some EU countries in the field of interjurisdictional cooperation, aiming at identifying relevant aspects that could be replicated in the Romanian context, through legal instruments, and/or practical models for local government cooperation structures. The international experience shows that, although there are no one-size-fits-all governance arrangements for coordination and financing at intermunicipal or metropolitan scale, four types of institutional approaches are nonetheless identifiable regarding cooperation in urban areas in Organization for Economic Co-operation and Development (OECD) member states:3 1. Intermunicipal cooperation mechanisms (in cases of fragmented governance structure) a. Case-by-case joint initiatives (Ad hoc cooperation initiatives or arrangements for specific purposes). b. Committee, association, consortium, consultative platforms, etc. (temporary or permanent bodies for coordination). c. Contracting among local governments (A local government engaging another local government for the delivery of a service that they are responsible for). 2. Metropolitan / Regional Authorities a. Metropolitan council of governments (forum for coordinated efforts by member local governments; decisions need endorsement of the respective local council(s)). b. Planning authority (Formal entity similar to metropolitan council of governments; designs regional strategies and/or exercises planning and policy development authority). c. Service delivery authority (public service agency/corporation/cooperative/ association owned by member local governments; provides one or more services). d. Planning and service delivery authority (combines planning and service delivery functions). 3 Andersson, Mats. 2015. “Unpacking Metropolitan Governance for Sustainable Development”. Deutsche Gesellschaft für Inter- nationale Zusammenarbeit (GIZ) GmbH 10 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 11 3. Second level metropolitan local government (or a regional government established by a higher tier government) Interjurisdictional cooperation a. Higher-level metropolitan local government (separate metropolitan local in France government for coordination/selective functions). The intercommunal legislative framework in France allows for a variety of public institutions b. Regional government (government established by a higher-level government for of intercommunal cooperation, such as mixed unions, metropolitan poles, territorial and rural a metropolitan area). equilibrium poles, as well as other forms of intercommunal cooperation, such as agreements, 4. Consolidated local government (annexation or amalgamation of local governments) conventions, etc. a. One jurisdiction covering a large portion or the entire metropolitan area. Intermunicipal cooperation first appeared in France almost 130 years ago as a creation of a union (Act of March 22, 1890-Association of persons to defend rights and common interests The current Romanian legislative and administrative framework permits the implementation of social, economic and professional-Syindicat Intercommunal a vocation uniques-SIVU). The first the first two major typologies of territorial cooperation mentioned above, namely the mechanisms SIVUs created, exercising competencies beyond their own territory, were devoted for distribution of intermunicipal cooperation and the establishment of metropolitan/regional authorities in the of electricity and water. form of intercommunal development associations (IDAs), based on the French model. The second- level metropolitan local government and consolidated local government models are less likely to From the 1950s, more integrated formulas were created to manage and develop a rapidly be adopted in the short and medium term, as they would imply a territorial-administrative reform. developing urban space with the emergence of urban districts and four urban communities. In 1992 a new concept of intercommunal enabled contractual negotiation and the free association of Considering the options above, the EU case studies will focus on IDAs and partnerships, illustrating municipalities, with the focus on the communities of the communes and the communities of cities. a diversity of integrated and sectoral interjurisdictional cooperation examples, covering: The forms of cooperation between municipalities are implemented under the public intercommunal cooperation institutions concept (établissements publics de coopération intercommunal e- EPCI). 1. SINGLE PURPOSE Intercommunal entities (focused on the provision of public services, Since the adoption of the territorial reform of 2010 and of the law of January 27, 2014 for the such as water and wastewater or solid waste management); modernization of territorial public action and affirmation of the metropolises (article L5210-1-1 2. MULTIPURPOSE Intercommunal entities (more complex constructions, with delegated of the General Code of the territorial collectivities - CGCT) EPCIs are as follows: responsibilities in fields of planning, economic development, etc.); • Unions of communes (created by the law of March 22, 1890); 3. PROJECT-BASED PARTNERSHIPS (e.g. with a defined lifespan linked to a project, such • Communities of communes (created by the law of February 6, 1992); as cross-jurisdictional road development); • Urban communities (created by the law of December 31, 1966); 4. PROGRAM-BASED PARTNERSHIPS (e.g. LAGs, CLLDs). • Communities of agglomeration (created by the law of July 12, 1999); • New agglomeration unions (created by the law of July 13, 1983); • Metropolises (created by the law of December 16, 2010 and modified by the law of The case studies draw upon different legislative and administrative frameworks, in order January 27, 2014). to emphasize different dimensions of interjurisdictional cooperation. In France, the basis for cooperation was established in the early 1900s and has continuously evolved until 2015 The EPCIs, while being groups of local authorities, remain public institutions. They are thus (when the last administrative and territorial reform took place), resulting in about 10 types of governed, as such, by a general principle of specialty which gives them competence only for the intercommunal cooperation agreements. On the other hand, in the Netherlands the legal basis domains and subjects which the law attributes to them or for those delegated to them by the is less-developed and allows cooperation based on simple commercial contracts. In Spain, the member communes. EPCIs do not have the general jurisdiction clause. national legal framework gives a general approach and it provides the regions with the power In order to facilitate the implementation of intermunicipal cooperation, the law of July 12, 1999, to regulate intermunicipal collaboration, resulting in a great diversity of cooperation models reproduced in articles L5211-42 and following the CGCT, prescribed the establishment in each (from interjurisdictional bodies established by law, to mixed entities such as provincial boards or department of a departmental commission of intermunicipal cooperation (CDCI). Since the 2010 commercial companies where the public and private sector collaborate). law, this commission is composed of: • 40% of representatives of the municipalities of the department; The selection of the case studies considers this variety of legal backgrounds and organizational structures in the three countries, to provide different examples of cooperation models for • 40% of EPCI representatives; local governments in Romania. Despite their general objective of providing better services to • 5% of representatives of mixed unions and unions of municipalities; citizens, these cooperation models may have different scopes, leading to different institutional • 10% representatives of the county council; and arrangements and structures, that provide valuable examples for a paradigm shift in the interjurisdictional cooperation culture in Romania. • 5% of representatives of the regional council in the departmental district. 12 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 13 The mission of the CDCI is to establish and update the state of intercommunal cooperation in is based on planning processes that involve the member local communities. In addition, the the department, as well as to formulate proposals to strengthen it. strategic objectives formulated in the French cases, as well as the current projects, could provide good examples for the future strategies of the metropolitan areas of big cities (growth The territorial reform of December 16, 2010 set the objective of simplifying and completing the poles) in Romania. intercommunal map, due to the communal fragmentation and of the modest size of French municipalities, and because of the failure of different laws tending to the merger of municipalities. FIGURE 2. It made membership of an EPCI compulsory from July 1, 2013. Intercommunal cooperation agreements in France The law of January 27, 2014 has changed the landscape of inter-communality, particularly with regard to metropolitan areas. The NOTRe (Nouvelle Organisation Territoriale de la République) law of August 7, 2015 extended this movement in favor of intermunicipal taxation, by raising the minimum threshold for setting up an EPCI and expanding the compulsory competencies of intermunicipal authorities, while leaving an important place for municipalities to act, within what is called the “communal bloc” (that is to say, the ensemble formed by the municipalities and various intercommunal), especially in democratic matters. The intercommunal cooperation establishments, known as Public Entities for Intercommunal Cooperation – EPCI) are divided into intercommunal cooperation with own taxation and without own taxation. FIGURE 3. Spatial distribution of the territorial collectives (métropoles) The EPCIs with own taxation are organized by characteristics of the constituting entities. According to statistics published on by the Ministry of Local Government, in January 2019, of the 1,258 EPCIs with own taxation: 21 were metropolises, 13 were urban communities, 223 were communities of agglomeration and 1,001 were communities of communes. It is notable that the total number of EPCIs with own taxation has halved over the past 10 years, from 2,601 in 2009, but has been stable since 2017. They vary in composition and population size: 43% comprise between 21 and 50 municipalities, and 30% between 11 and 20 municipalities. More than 27% of groups with own taxation benefit from a derogation to be below the threshold of 15,000 inhabitants (the minimum threshold imposed by the NOTRe Law). In total, nearly 62% of self- taxed EPCIs have less than 30,000 inhabitants. The EPCIs without own taxation are classified according to their functional characteristics, with some being single-purpose and others multipurpose unions (see Figure 2). As of January 2019, there were 8,443 unions of communes and 2,790 mixed unions (including 1,891 open mixed unions and 899 mixed unions) and 14 metropolitan poles.4 The following tables present eight metropolitan areas in France:5 Communauté urbaine de Bordeaux, Lille Métropole, Grand Lyon, Marseille Provence Métropole, Nantes Métropole Alpes Maritimes, Ile-de-France and Communauté Urbaine de Strasbourg. These cases were considered relevant for the growth poles in Romania, because of their scale, similarities between the French and Romanian administrative systems, and because the cooperation approach is driven by similar objectives: to stimulate economic development and to provide quality services in the functional areas of big cities. In both countries, the cooperation 4 http://www.agence-france-locale.fr/etat-des-lieux-de-lintercommunalite-en-france-en-2019-le-ministere-publie-son-bilan- statistique, Agence France Locale is dedicated to the funding of French local authorities 5 Association des CCI Métropolitaines, Les grandes métropoles, les coopérations métropolitaines et le développement économi- que territorial, third part, published in 2010. The statistical data included in the tables dates from 2006. 14 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 15 TABLE 1. Base information on selected French metropolitan areas GENERAL DESCRIPTIONS BORDEAUX LILLE LYON MARSEILLE Communauté urbaine de Bordeaux Lille Métropole Grand Lyon Marseille Provence Métropole Metropolis map Inter- communalities 27 85 57 18 (number of communes) Region Aquitaine Nord Pas De Calais Rhône-Alpes Provence Alpes Côtes d’Azur Surface (km2) 552 611 521 605 Density 1268 inhabitants/km² 1812 inhabitants/km² 2403 inhabitants/km² 1693 inhabitants /km² Population in the urban area 1 million 1.18 million 1.78 million 1.62 million (INSEE RGP 2006 Population in the region 1.42 million 2.61 million 1.7 million 1.96 million (INSEE-RGP Gironde Nord Rhône Bouches-du-Rhône 2006 Annual variation 1.1% 0.1% 0.9% 0.9% population6 Geostrategic · Door to the south · Door to Belgium · Positioned in the center of north-south flows · Gateway to the Mediterranean position · Opening towards the Atlantic coastline · Crossroads between a North-South axis and East-West · Between the Mediterranean and Rhine arches OBJECTIVES AND PROJECTS Objectives (as at 2006) - Moving from a metropolis with a European - Become one of the great European cities open to the world - Enter the TOP15 of European metropolises - Become the Euro-Mediterranean Capital of Trade and "potential" to a metropolis with a European - Develop innovative forms of governance - Develop a metropolitan governance around "Greater Lyon" Knowledge by 2020 dimension - Assert its position as a creative territory. - Strengthen international exchanges 6 The indicator is the annual change in the population of the urban area between 1999 and 2006 according to the INSEE population census. 16 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 17 Strategic projects BORDEAUX LILLE LYON MARSEILLE Communauté urbaine de Bordeaux Lille Métropole Grand Lyon Marseille Provence Métropole The master plan SCOT (Territorial Coherence The urban agglomeration contract of Marseille Provence Scheme) purpose is to go beyond the Métropole aims to meet the challenges of organization and traditional administrative boundaries and in territorial development expressed in the 2020 Agglomeration the future create a project on the scale of Project. the Bordeaux Metropolitan Area. The Lille Master Plan 2003 defines the goal of “Green One of the central themes in the masterplan Metropolis” encompassing public transport, rail network is urban renewal of obsolete neighborhoods which plays a more important role, while the place of the and a more compact organization of the city, automobile is more strictly framed. It aims to promote sustainable development of the territory, offering easily accessible local services and enhance the mobilization of local initiatives, maintain and amenities. It also promotes a diversity of The development needs for housing and economic strengthen the preservation of natural resources, and The development of Greater Lyon is based on a set strengthen social cohesion. functions including the urban economy. activities are also mentioned, as well as the protection of of coherent major projects that must strengthen the agricultural land. economic tissue, industrial and innovative economy, The contract is concluded under the territorial component of Flood risk management and the protection of boosting the sectors of high-tech excellence and ensure the State-Region 2000-2006 plan that addresses three main the wine-making industry are also taken into The ambitions of the Lille metropolis are: mobility, both to the city and beyond the agglomeration. objectives: account. The economic development charter of - European dimension, the CUB (updated in 2006) defines strategic - accessibility, The development strategy aims to maintain a good - sustainable development of the territories; directions for economic development for the - quality, development, and solidarity. quality of life within the metropolis, through an appropriate - place employment at the heart of territorial city, aiming to improve the performance of arrangement of green spaces, cultural and leisure facilities, projects; and the economic sites of metropolitan interest, The master plan for economic development in the dwellings, businesses and public transportation. - structure the regional territory. engaging a policy regarding the quality of Nord-Pas de Calais region stresses the need to continue activities and the identity of its economy. the construction of a large economic region in Europe, The SRDE of Rhône-Alpes puts employment at the The Regional Economic Development Plan (SRDE) outlines five defining these objectives: creation of activities, structure heart of economic development with emphasis on quality strategic issues: In view of the new European priorities, the the regional territory around poles of economic excellence, employment and sustainable economic development. focus is particularly on innovation "at all innovation and fundamental research spaces, act stages of economic development" (higher proactively (key to economic success), rethink the -regional solidarity (balanced development); education, research, design, marketing), R & economic action of Nord-Pas de Calais abroad, mobilize - international dimension (Euro-Mediterranean D, technology transfer to SMEs, long-term and coordinate financial services tools for regional region); industrial development, business access to economic development, to make Nord-Pas de Calais - innovative (encourage new markets, etc. a region highly advanced in ICT (Information and development of a knowledge-based economy); Communication Technologies). - proactive/and reactive (anticipate and Finally, the city of Bordeaux has been part of accompany economic mutations); and the of a new project "Bordeaux 2030", whose - entrepreneurship (supporting businesses in ambition is to make Bordeaux a sustainable their growth, sustainable employment). city, more ecological, more innovative and more attractive. Current projects - Laser Mega-joule and Institute Lasers and Plasmas - Operation of National Interest "Bordeaux - Major International University: Campus Project Euratlantique" (linked to the TGV) - Eurométropole Lille-Kortrijk-Tournai - Harbor rehabilitation/restructuring. - Low coast terminal - TGV major national and European links - Cooperation mechanism of the Lille metropolitan area - European Capital of Culture 2013 - Bordeaux Campus Operation Project - Major urban projects: Confluence, Part Dieu, Silk Square, - Transport infrastructure: A25 refurbishment, RN42 Grand Stade, etc. - Extension of Euro-méditerranée and harbor capacities - Eco-district of the Berges du Lac completion and Mining Bypass, extensions of LGV - University Campus - TGV: Arc-Méditerranée - Ecopark of Blanquefort (eco-constructions, Antwerp-Rotterdam-Amsterdam and Brussels-Lège-Köln - Extension of the Exhibition Park. - Top 20 project: the CCI Marseille Provence carries the renewable energies) - Major projects: Euralille, Lille Sud. ambition to make - Cultural and tourist center of wine Marseille Provence one of the Top 20 European cities - Auditorium (Bordeaux) - Grand Arena 18 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 19 General descriptions NANTES NICE PARIS STRASBOURG Nantes Métropole Alpes Maritimes Ile-de-France Communauté Urbaine de Strasbourg Metropolis map Inter- communalities 24 25 1281 28 (number of communes) Region Pays de la Loire Provence Alpes Côtes d’Azur Ile-de-France Alsace 316 Surface (km2) 523 331 12011 Density 1107 inhabitants /km² 1541 inhabitants /km² 974 inhabitants /km² 1479 inhabitants /km² Population in the urban area 0.97 million 0.99 million 11.91 million 0.65 million (INSEE RGP 2006 Population in the region 1.27 million 1.09 million 1.10 million - (INSEE-RGP Loire-Atlantique Alpes-Maritimes Bas-Rhin 2006 Annual variation 1.0% 0.9% 0.7% 0.7% population7 · Gateway to the Atlantic · Metropolis worldwide open · Gateway to Germany Geostrategic · International metropolis position · Listed in the network of cities of the · Strategic position on the Mediterranean axis · Listed in a regional dynamic environment Grand French West 7 The indicator is the annual change in the population of the urban area between 1999 and 2006 according to the INSEE population census. 20 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 21 OBJECTIVES AND PROJECTS Objectives - Become a reference icon in terms of attractiveness for - Asserting itself as the metropolis of the - Consolidate the internationality of the Côte d'Azur - Strengthen its position globally companies French West, an Atlantic gateway to Europe territory - Strengthen its regional attractiveness - Capitalize on features such as the crossroads position, - Development of its creative potential - Nice Côte d'Azur: territory of reference Eco - Building the Grand Paris gateway to the Upper Rhine. Strategic projects The Alpes-Maritimes are characterized by strong physical and urban constraints and boast an attractive coastline, and by a dynamic of the inter-communalities created in 2002. In April 2005, Nantes Métropole formulated the economic development plan with Recognized internationally for its exceptional natural supportive complementary objectives assets, Nice Côte d'Azur implements a territorial such as targeting the metropolitan development strategy respectful to people and to the community through vocation training in environment. The SDRIF (Master Plan of the Ile-de-France) aims at inter- The SCOTERS (Plan of Territorial Coherence of the Strasbourg craft, industry, transportation, tertiary, regionalization and advocates for the creation of a new Region) proposes Strasbourg as the heart of the new Europe. recreation, etc. This dynamic is reflected in: a 10-year transport scheme structure for the development of the territory of the Paris It sets as objectives: to structure the metropolitan space, to for connecting the different modes of transport, the region, including a better strategic coordination welcome The SRDE Pays de la Loire reflects the introduction of new communication technologies (first new technology/equipment and services in the town centers, priority of the region, a strong industrial base experiment in The SDRIF launches 3 challenges to the regional territory: urbanize near public transport lines, adapt the level of service to able to support the sustainable development France "Near Field Communication") and the Eco-Cité increase cohesion of the region, construct an eco-region local needs, foster urban renewal, ensure quality of the facilities, of the area. label for major development projects (i.e. Grand Stade, and enhance the economic competitiveness. set up a land strategy, etc. This scheme targets eight major transversal multimodal transport hub, urban renewal, green weave, qThe first stresses the importance of the improvement orientations: Nice Méridia). and the diversification of real estate, but also the need to The PADD (Planning and Sustainable Development Project) fight regional imbalances. The second provides sets three political objectives: ensure the development of the i) dynamics of the economic sectors, Based on the Operation of National Interest Eco Vallée guidelines to combat global warming and adapt to the Strasbourg metropolis, balance territorial planning, and protect ii) defense of the economic balances, Plaine du Var supporting the implementation of some scarcity of fossil fuels. The last one looks at the economic the environment. projects, Nice Côte d'Azur confirms its desire to become question, with access to training and employment, support iii) international orientation of the a reference territory reflecting the new national challenge for companies, etc. The city of Strasbourg can rely as well on the SRDE of the production/services, of a society organized around the theme of sustainable Alsace region. This scheme allows Alsace to consolidate the development. The metropolitan economic development of Paris has also competitiveness of its companies but also win the battle for iv) territorial marketing, been defined by the SRDE (Scheme de Regional Economic employment. v) innovation, The Economic Development Plan, of the PACA region, is Development). This document has developed three axes: to structured around five strategic axes: a solidary region produce The document is structured around 5 strategic priorities, vi) creation-recovery and adaptation of that reconciles economic effectiveness, social cohesion, useful, effective and quality jobs, reduce social inequalities, organized into objectives and actions: innovation, animation very small enterprises, and the preservation of the environment, an international and be part of the sustainable development, notably by of the territories, solidarity and employment, creation and vii) increasing role of the economy, region that values its geostrategic potential within the building an eco-region. development of companies, and international markets. social, and solidarity and Euro-Mediterranean region, an innovative region ready to promote the development of a knowledge-based economy viii) coordination of the functions at the and the dynamics of innovation, a reactive region that regional scale. anticipates and accompanies economic changes, an entrepreneurial spirit region that supports businesses for growth, creating sustainable jobs and encourages their territorial development. Current projects - Operation of National Interest Eco-Vallée Plaine du Var which aims to be a laboratory of Sustainable Development and to implement the principles of sustainable planning at a large scale - Greater Paris (architectural projects, transport - International positioning strategy - Pasteur University Hospital Center - Transport infrastructure: Great west bypass of Strasbourg, infrastructure, economic centers, etc.) - Project of the Grand Port Nantes Saint - Implementation of the integrated transport plan and in East-European TGV and Rhine-Rhone - Launch of the first eco-district in the Paris region Nazaire. particular the extensions of the tramway - Urban renovation projects - Tower projects at La Défense - Implementation of short-term /structural solutions for energy security for the Alps- Maritimes - STIC campus in Sophia Antipolis 22 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 23 The following boxes below offer a detailed description of two of the cases in the previous tables: BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA • Box 1.1. details the Bordeaux metropolitan area, as a multipurpose cooperation model, relevant for Romanian cities because of its size and development objectives. The organizational 28 members: 1. Ambarès-et-Lagrave, 2. Artigues-près-Bordeaux, 3. Bègles, 4. Bordeaux, 5. structure, competencies, and funding mechanism are considered examples of good practice. Bruges, 6. Cenon, 7. Floirac, 8. Le Bouscat, 9. Le Taillan-Médoc, 10. Martignas-sur-Jalle, 11. MEMBERS OF THE Parempuyre, 12. Saint-Aubin-de-Médoc, 13. Saint-Médard-en-Jalles, 14. Talence, 15. Ambès, 16. • Box 1.2. presents Paris metropolitan area (The Metropolis of Greater Paris) as part of the Bassens, 17. Blanquefort, 18. Bouliac, 19. Carbon-Blanc, 20. Eysines, 21. Gradignan. 22. Le Haillan, AGGLOMERATION Ile-de-France region. This case is a multipurpose cooperation model relevant for capital cities. 23. Lormont, 24. Mérignac, 25. Pessac, 26. Saint-Louis-de-Montferrand, 27. Saint-Vincent-de- Paul, 28. Villenave-d'Ornon • Box 1.3. refers to the Ile-de-France region too, describing single purpose cooperation model. Single purpose interjurisdictional associations are present at the level of syndicates (SIVU), focusing on public services’ provision for a certain number of local communities. The SURFACE 570 km2 (January 1, 2018) boundaries of a single-purpose association don’t necessarily overlap with the boundaries of a metropolitan/agglomeration area. Box 1.3. identifies these services/ fields of cooperation POPULATION 749,595 inhabitants, out of which Bordeaux has 243,626 inhabitants for Ile-de-France region. (January 1, 2018) BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA Vision: A European metropolis with a high quality of life. Five major objectives are set in the draft mandate to meet the ambitions of attractiveness, influence and quality of life in the Bordeaux Metropolis: BORDEAUX · Affirm and reinforce the economic dynamism of the territory in the employment URBAN domain OBJECTIVES / AGGLOMERATION VISION · Organize a "smart" mobility model COMMUNAUTÉ · Offer accessible housing URBAINE DE BORDEAUX8 · Ensure the quality of life of the inhabitants and the preservation of the environment · Implement more efficient public action Public Establishments for Intercommunal Cooperation under the form of a metropolis (métropole) The law of Modernization of Territorial Public Action and Affirmation of Metropolises (MAPTAM) of January 27, 2014 transforms the Communauté urbaine de Bordeaux into a metropolis and The political organization of Bordeaux Métropole revolves around the president, the vice gives it new competences: presidents and the elected officials, who are located at the Councils of Bordeaux Métropole. The decisions of Bordeaux Métropole are taken by the council (deliberative organ), whose · city politics, agenda is fixed in advance by the president, in agreement with the Bureau. · tourism development, The president, in charge of administration is the executive of Bordeaux Métropole, brings the · flood prevention, etc. council together, sets his agenda, prepares and implements the deliberations/ decisions. The metropolis becomes the decision-making authority for the exercise of these competences. The bureau is composed of the president, accompanied by 20 vice presidents and metropolitan It sets the objectives and organizes the means to reach them. delegate advisers. The bureau meets once a month and defines the political projects and the TYPOLOGY OF major orientations of the metropolis. For some specific areas, which concern everyday public services (cleanliness, green spaces COOPERATION and street furniture), some municipalities wanted to be able to provide the service- in these The Council of Bordeaux Métropole brings together the elected representatives of the 28 MODEL instances, they provide it for the Metropolis, within a framework of a management delegation ORGANIZATIONAL communes, the number of representatives is proportional to the population of each city. There agreement. STRUCTURE is a total of 105 city councilors who vote on the budget and other decisions, thus designing the In all cases, the municipalities and the Metropolis jointly identify the human and financial future of the community. They meet 11 times a year, in public sessions. resources that must be transferred from the municipalities to the public institution to ensure execution of the new missions, following the opinion of the CLEC (local commission for evaluation Commissions are organized along themes and cover all the competencies of Bordeaux Métropole. of charges transferred), which brings together elected representatives from each institution. Each commission, led by an elected representative of Bordeaux Métropole, is responsible for studying and issuing an opinion on the cases submitted to the Council, falling within its field Moreover, in August 2015, the new territorial organization law of the Republic - NOTRe - of competence. expanded the possible field of intervention of metropolises , especially vis-à-vis the department – thus enabling them to undertake some tasks such as housing, on behalf of the State or The advisers can form political groups. The number of elected representatives that form a on behalf of the department. Bordeaux Métropole and the Gironde Department have opened group is set by the Council's rules of procedure, which also defines the means available to these discussions in order to define additional competencies the metropolis could take on, and under groups. which conditions that would be done. These discussions are likely to expand the powers and functions of the metropolis. The agents of Bordeaux Métropole implement the policy voted by the elected officials. 8 https://www.bordeaux-metropole.fr 24 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 25 BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA The Bordeaux Métropole (BM) is a multipurpose EPCI, it manages all the daily equipment that Since 2010, the Finance Act for 2010 gave the metropolis taxation authority for: is used to improve the living environment of the inhabitants of the agglomeration. It also works on implementing large-scale urban projects. · Housing tax (TH - departmental share) The BM has other competencies consolidated by the MAPTAM law and extends its fields of · Property tax on undeveloped properties (TFNB) intervention, while seeking complementarity with the communes. Since January 2015, the · Territorial Economic Contribution (CET9), MAPTAM law has consolidated the competencies of the public institution in areas such as: Economic, social and cultural development and planning: · Commercial Area Tax (TASCOM)10 · Creation, development and management of industrial, commercial, tertiary, craft, · Flat-rate tax on network companies (IFER)11 tourist, port or airport areas. · Transport payment (VT) · Economic development actions, including participation in the capital of the · Development Tax (TA) companies mentioned, as well as support and participation in the piloting of · Waste collection tax (TEOM) competitiveness clusters located in its territory. · Special Fee (RS) (e.g. collection service for large-capacity underground or semi- · Construction, development, maintenance, and operation of cultural, sociocultural, buried containers grouped in fixed point - amendment to the regulations and socio-educational, and sports facilities of metropolitan interest. specific tariffs), · Promotion of tourism, including the creation of tourist offices. · Tourist tax (TS).12 · Support and assistance program for higher education and research institutions and In addition to these, the metropolis also receives financial contributions of municipalities research programs, considering the regional context belonging to the EPCI. The budgetary contributions are levies made directly from the budget of Spatial development of the metropolitan area: each municipality which are then transferred to the intercommunal group. These contributions therefore constitute a supplement to the municipal taxation levied by the metropolis. The · Territorial coherence scheme and sector diagram; local spatial plan; definition, amount of these contributions varies according to a key of distribution registered in the creation, and implementation of development projects of metropolitan interest; statutes of the EPCI. actions to enhance the natural and landscape heritage; constitution of land reserves · Organization of mobility as stated in the Transport Code; creation, development, Regarding the revenues, the law stipulates setting up a global operational allocation (DGF) for and maintenance of road infrastructure; signaling; passenger shelters; parks and metropolitan areas. It describes the conditions under which a transfer of powers from the parking areas and mobility plan department or region to the metropolitan area / metropolis may occur which results in an · Creation, development, and maintenance of public spaces dedicated to all modes of increase in the costs that must be compensated or by an equivalent transfer of resources, the FUNDING urban transport and their auxiliary works. obvious objective being to maintain the level of financial capacity of the new intermunicipal structure. · Participation in the governance and development of stations located on the RESPONSIBILITIES metropolitan territory. The costs incurred by the metropolis for service provision are reimbursed by the municipalities. · Establishment, operation, acquisition, and provision of infrastructures and These costs are calculated based on a unit operating cost of the service, multiplied by the telecommunications networks. number of operating units found by the establishment or the beneficiary municipality. The determination of the unit cost of operation is fixed in the agreement entered for that specific Local housing policy service delivery. It is cost-reflective as it includes staff costs, supplies, asset renewal and related · Local Housing Program (PLH). service contracts and any other expenses related to the operation of the service. This cost is not subject to review by the CLECT and doesn’t fall within the scope of compensation allowance. · Housing policy; financial assistance for social housing; actions in favor of social housing; actions in favor of housing for disadvantaged people. A reflection at the national level is underway to put in place incentive mechanisms for pooling · Improvement of built housing stock, rehabilitation. funds. Whatever the solution chosen by the legislator (coefficient of pooling or general operating grant metropolitan "DGF"), Bordeaux Metropolitan will consider the particular situation of the · Development, maintenance, and management of the reception areas for visitors. municipalities which will not be able to participate in the constitution of common services City policy / strategy because of the small number of agents in their services and the sharing of these between several activities. · Development of the territorial diagnosis and definition of city orientations. · Animation and coordination of contractual arrangements for urban development, Each year, starting in 2016, during the budget orientation debate or, failing that, during the local development and economic and social integration, as well as local crime budget vote, the progress of the pooling scheme is the subject of a communication from the prevention mechanisms. president to the metropolitan council. This is the occasion of a debate to address the points of satisfaction but also the progress to be made in the shared and territorialized organization · Action programs defined in the city contract. of services. Management of services of collective interest This pooling scheme is therefore progressive and evolving and seeks to enable each municipality · Sanitation and water to identify new activities it wishes to mutualize year after year during the term and put this · Creation, management, extension, and translation of cemeteries and cinerary organization in a process of continuous improvement. sites of metropolitan interest as well as creation, management, and extension of Tourist tax (TS), since January 1, 2015 crematoria · Slaughterhouses, slaughterhouses markets, and markets of national interest · Fire and rescue services · Public service of external defense against fire 9 Made up of Land Investment Contribution (CEF) and Value-Added Enterprise Contribution (CVAE) 10 Came into effect in 2011 11 Came into effect in 2011 12 Came into effect in January 2015 26 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 27 BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA BOX 1.1. MULTIPURPOSE COOPERATION MODEL – BORDEAUX METROPOLITAN AREA Protection and enhancement of the environment and policy for the living environment · Household and similar waste management Bordeaux Métropole initiated the concept of Operations of Metropolitan Interest (IOM). These · Fight against air pollution issues justify a strategic management involving the vital forces of the territory and articulating urban development and economic development. IOMs designates large areas of projects · Fight against noise pollution presenting major development and development issues. Alongside the Bordeaux-Euratlantique Operation of National Interest (OIN), which brings the development of the tertiary sector · Contribution to energy transition around the TGV station, two IOMs were just created around the international airport and · Support for actions to control the energy demand Campus. The following IOMs are underway: · Elaboration and adoption of the climate-air-territorial energy plan in application of · IOM Bordeaux Aeropark Article L. 229-26 of the Environment Code, consistent with the national objectives RESPONSIBILITIES for reducing greenhouse gas emissions, energy efficiency, and renewable energy · IOM Bordeaux Inno Campus production · ISO Bordeaux Euratlantique · Concession of the public network distribution for electricity and gas · Campus operation · Creation, development, maintenance, and management of district heating and · 55,000 hectares for nature cooling networks · Creation and maintenance of charging infrastructures necessary for using electric vehicles or plug-in hybrids Major urban projects: · Management of aquatic environments and flood prevention · Basins a Float, Bastide Niel, Brazza, Ginko, the quays of Floirac · Concession of the beaches · 50,000 housing units Major development projects STRATEGIC · Gambetta: a “garden place” PROJECTS · Place Tourny is getting a new look · Dupeux, Saint-Genès: an appeased sector As a public institution of intermunicipal cooperation (EPCI), Bordeaux Métropole intervenes, within its geographical perimeter, on the competencies transferred by the municipalities or instituted by the law. The following functions are performed by BM: Major infrastructure / equipment. · Economic development · Tunnel Brazza Tunnel · Urban planning · Bridge Simone-Veil · Habitat · Environment (sorting, collection and treatment of waste) Major mobility projects · Water and sanitation · Tramway AREAS OF · Urban and school transport · Connection Bordeaux - Saint-Aubin de Médoc (BHNS) INTERJURISDICTIONAL COOPERATION · Mobility · West ring road · Transport infrastructure · Signaling Neighborhoods of urban renewal · Parking · Bassens Avenir · National market · Aubiers - Lake · Cemetery · Joliot Curie · Preventive archeology · Big park · Digital development 28 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 29 BOX 1.2. Multipurpose cooperation model – Paris metropolitan area BOX 1.2. Multipurpose cooperation model – Paris metropolitan area MGP was created on January 1, 2016. It was created under the law issued in January 27, 2014, ORGANIZATIONAL regarding the modernization of the territorial public action and affirmation of metropolitan areas, STRUCTURE known as “MAPTAM law”, and reinforced by the law of August 7, 2015 for the new territorial organization of the republic. It has: · Council composed of 209 elected representatives representing the 131 municipalities and a proportional number to the highest average, with at least one representative per municipality. · Bureau composed of the president, 20 vice presidents and 10 representative delegates representing all territories. GREATER PARIS MÉTROPOLE DU · Development Council representing civil society, to propose specific and forward- GRAND PARIS13 looking approach to realities and issues. · Seven thematic commissions have been set up: - finances ORGANIZATIONAL STRUCTURE - metropolitan project - economic development and attractiveness - sustainable development and environment - habitat and housing - digital planning, innovation, news technologies, R&D - metropolitan spatial planning. This institutional arrangement enables it to function at different scales, tackling topics in a Public Establishments for Intercommunal Cooperation relevant way at a strategic level for the metropolitan area and in a pragmatic and operational TYPOLOGY OF under the form of a metropolis (métropole) way for the territories COOPERATION The Metropolis of Greater Paris (MGP) is a public institution of territorial cooperation (EPCI) with MODEL own taxation, which enjoys a special status with municipalities belonging to both the MGP and public territorial institutions (EPT). The Metropolis of Greater Paris area is a dense and urban area composed of: Paris municipality, The overall three-party funding scheme is divided into three major financial movements: MEMBERS OF THE 123 communes of the three departments of Hauts-de-Seine, Seine-Saint-Denis and Val-de- AGGLOMERATION Marne, and seven communes of Essonne and Val d’Oise. · The metropolitan compensation allowance (MA) paid by the metropolis to its member municipalities, in order to refund resources, it received in their place in 2015. · The contribution of the communes to the compensation fund of the transferred SURFACE 814 km2 expenses (FCCT) of their Territorial Public Establishment (EFA) to enable it to fund (January 1, 2018) the resources available to the pre-existing inter-communalities and to face the financing of the new shared competences, POPULATION 7,200,000 inhabitants · The equilibrium endowment aims, by its method of calculation, to guarantee the (January 1, 2018) metropolis and FTEs the level of their 2015 resources. FUNDING Like other local authorities, the revenues of Greater Paris Métropole comes mainly from two sources: · Taxes The original plan for the Métropole declared these objectives; “The Métropole of Grand Paris is established in order to define and implement metropolitan action to improve the quality of life of its · State grants residents, reduce inequalities between regions within it, to develop an urban, social and economic sustainability model, tools to improve attractiveness and competitiveness for the benefit of the entire Taxes: OBJECTIVES / The Metropolis also receives the Commercial Surfaces Tax (TASCOM), the Fixed Charges on national territory. The Métropole of Grand Paris is developing a metropolitan project. The residents are VISION associated with its development according to the guidelines determined by the metropolitan council Network Companies (IFER) and the Additional Tax on the Non-Built Land Tax (TATFNB). In as laid down by the development council. This metropolitan project defines the general guidelines of addition to this economic tax imposed on businesses, Metropolitan France has also introduced the policy pursued by the Métropole of Grand Paris. It forms part of the implementation of the overall the GEMAPI tax, paid by all metropolitan taxpayers to implement specific flood prevention scheme of the Ile-de-France region. “ measures. 30 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 31 BOX 1.2. Multipurpose cooperation model – Paris metropolitan area BOX 1.2. Multipurpose cooperation model – Paris metropolitan area At that time, there was a very high degree of heterogeneity of situations with only a few kilometers Expenditure: away, rates that ranged from 13 to 49%, as a result of local history. This inequitable situation for Redistribution by investment aid: since the autumn of 2016, the Metropolis has initiated a businesses had direct consequences on the territorial distribution of the metropolitan economy. dynamic system of redistribution through investment aid. Thus, the metropolitan investment fund with 70 million euros in 2016, 97 million euros in 2017 and 54 million euros in 2018 and 2019 The “tax burden” is indeed one of the criteria analyzed for the establishment of companies in has made it possible to finance 112 municipalities (82% of the municipalities in the perimeter) a territory. The creation of MGP results in the harmonization of tax rates. That is to say, that and eight EPTs. This equalization by investment is modulated according to the financial situation eventually, the same intercommunal rate will apply to all companies. Metropolitan creation is of the actors. therefore part of a rebalancing process, particularly in terms of tax burden. Other devices such as living city centers or flood funds are part of the same will. Territorial solidarity: Through its financial and fiscal pact, the Metropolis has a financial tool Future adjustments: In accordance with the NOTRe law of August 7, 2015, the Métropole du that makes it possible to specify the financial relations with its member municipalities as well Grand Paris will receive from 2021 the full growth of the economic resource from the Contribution as with the FTEs. As part of this pact, the Metropolis sets a Territorial Investment Support on Value Added Business (CVAE) since 2016, as well as on the Land Investment Contribution FUNDING Endowment (DSIT) which allows it to transfer a share, between 10 and 50% of the growth of the (CFE). In the transitional period (between 2015 and 2021), it is financed by the growth of the CVAE, to territorial public institutions, depending on the size of the costs incurred, as a result of CVAE, while the EPTs receive the CFE. the construction or management of equipment responding to territorial solidarity issues, as well as other criteria freely determined by the Metropolitan Council. In 2017, the council paid a DSIT Revenue from local taxation has increased only slightly (+ 24.6 million euros on average since for EPTs, based on 30% of the CVAE’s growth, representing a redistribution of 13.9 million euros, compared to 1.4 million euros for 2016. The difference is due to the growth of the CVAE between 2016). It is anticipated that the added value from the development of the metropolis perimeter 2017 and 2016 of + 4.2%. Finding a decline in the CVAE in 2018, the Metropolis has amortized the if the metropolis area develops, this will further contribute to this growth. decline and has not paid any DSIT. This system was suspended in 2019 in return for the one-year extension of the intercommunal endowment to the FTEs. State grants: The Greater Paris Metropolis also has the option of establishing a community solidarity grant for State grants are steadily declining (- 7.5%: - 31 million euros per year on average, by a total of - its most disadvantaged municipalities in order to reduce the inequalities of resources and burdens. 124 million euros between 2016 and 2019). As a result, the room for maneuver needed to increase the city’s resources is reduced in the short term and MGP revenues are under pressure. The Metropolitan Council of December 8, 2017 was an opportunity to bring the Greater Paris Metropolis into the operational phase with a unanimous vote regarding the strategic deliberations The MGP pays to its member municipalities compensation allocations (AC) that correspond to concerning metropolitan interest in the planning of the metropolitan area and its economic, either the 2015 AC paid by the previous EPCI, or the 2015 economic tax transferred to the MGP. social, and cultural development. These payments amount to 3.3763 million euros, or 99% of expenses. This expense is frozen Spatial planning. By the definition of the metropolitan interest, this applies to urban development FUNDING under the Metropolitan Financial and Tax Pact. or restructuring operations as well as the constitution of land reserves. A deliberation of the In 2019, the metropolitan budget is 41.5 million euros, of which 62% is for intervention Council dated December 8, 2017 declared the Concerted Development Area (ZAC) of the Docks de Saint-Ouen of Metropolitan interest as an existing operation. expenditure. These expenses reflect the increase in the operational burden of the MGP notably on the development of the various obligatory schemes (SCoT, PCAEM, PMHH), the financing For future development operations and some other urban restructuring actions, six criteria have been set. These reflect the strategic orientations as well as the ambitious objectives of sustainable mobility via a contribution of 4 million euros to Vélib, the project of the Olympic of the Metropolitan Project, but also consider the diversity of the territories, communal and Aquatic Center (CAO), and economic development. intercommunal projects. Economic development. The challenge is to develop the attractiveness, so that it can benefit In light of these fiscal constraints, MGP is increasingly looking at self-financing, investment all members and consolidate the many assets of the GPM. The definition of the metropolitan projects directly carried by the Metropolis, such as Olympic Aquatic Center, ZAC, fight against interest refers to: areas of industrial, commercial, tertiary, craft, tourist, port or airport activity; floods, and the payment of subsidies. and economic development actions. As for economic development actions, the Metropolis intervenes in the following areas: The Buffer role provided by the Métropole du Grand Paris. MGP receives two endowments: the RESPONSIBILITIES · Development of metropolitan strategic programs; intercommunal endowment and the compensation grant for the abolition of the salaries of the · Support for economic activity; former professional tax from the State Global Functioning Grant (DGF) The compensation allowance for the elimination of the salary portion is fully paid to the EPT · Circular, social, solidarity and collaborative economy; and municipalities in the 2015 value. The Metropolis suffers each year the decline related from · Digital Economy; clipping, to finance the growth of some shares of the DGF municipalities and inter-communalities (population, equalization). This allocation decreases on average between -2.5% and -3% each year, a · Attractiveness and national and international influence; total cost of 30 million euros per year assumed by the Greater Paris Métropole. · Support economic development actions identified in the call for projects framework. The Métropole returns (this will persist until 2019) a part of the allocation to FTEs on the basis of intermunicipal allocations received by the pre-existing EPCIs in 2015 when it was created. The Housing. The definition of the metropolitan interest includes the improvement of built housing Métropole assumed a buffer role for the FTEs by supporting the decline alone in 2016 (-17%) and stock and the elimination of unsanitary housing. The metropolitan interest should have been passing on a slight decrease in 2017 (recorded at -8.5%), which was smoothed out between the FTEs defined by a deliberation of the council before December 31, 2018, otherwise, all these powers by an effect average favorable to the most integrated intercommunities. The total accumulated will have devolved to the MGP. Protection and enhancement of the environment and living cost incurred by the Greater Paris Métropole in respect of the reduction to the compensated environment policy. In this respect, the law does not provide a specific metropolitan interest. endowments to municipalities and EPT amounted to 148.6 million euros since 2016 It is the whole of the operational competence of the municipalities and territorial public establishments (EPT) that is transferred to the GPM. 32 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 33 BOX 1.2. Multipurpose cooperation model – Paris metropolitan area BOX 1.3. Single purpose cooperation model in Ile-de-France region Protection and enhancement of the environment and living environment policy. In this respect, the law does not provide a specific metropolitan interest. It is the whole of the operational competence of the municipalities and territorial public establishments (EPT) that is transferred to the GPM. So, the competencies regarding environmental issues are transferred to the GPM, which will work in close coordination with the communes, and more particularly regarding: · Air quality; · Enhancement of natural and landscape heritage; · Support for energy demand management actions; · Fight against noise pollution; ÎLE-DE-FRANCE · Management of aquatic environments and flood prevention. REGION14 RESPONSIBILITIES Aquatic environmental management and flood prevention (GEMAPI). The GEMAPI competence concerns the protection of the Paris agglomeration against floods, and the management and improvement of rivers and wetlands. It is a new competence, devolved by the state to the Metropolis of Greater Paris from 2018. It makes it possible to place the management of watercourses and aquatic and humid environments within the regional planning system and to reinforce the necessary upstream / downstream and urban / rural solidarity. The missions coming under the competence GEMAPI: · Development of a water basin or of a part of it; · Maintenance and development of a watercourse, canal, lake or body of water, including their access; · Flood defense; As of 2019 there are 753 intercommunal forms of cooperation in the region, as it follows: · 20 community of agglomeration (CA) · Protection and restoration of sites, aquatic ecosystems, and wetlands as well as riparian woodlands. · 31 community of communes (CC) Five mandatory competencies were transferred to the Grand Paris Metropolitan area progressively · 1 urban community (CU) (CU Grand Paris Seine and Oise) from 2016 to 2018. In accordance with the provisions of the General Code of Territorial Communities (CGCT), · 11 territorial public establishment (EFA) the Greater Paris Metropolitan Authority automatically exercises, in place of its member, competencies in matters of: INTERCOMMUNAL · 1 metropolitan area (METRO) (Metropole of Greater Paris) AREAS OF INTER- ESTABLISHMENTS · Spatial planning of the metropolitan area (shared); · 1 metropolitan pole (POLEM) (Greater Paris Seine Aval metropolitan pole) JURISDICTIONAL · Economic, social and cultural development and planning (shared); COOPERATION · 48 multipurpose intercommunal syndicates (SIVOM) · Local habitat policy (shared); · Protection and enhancement of the environment and living environment policy (sole · 425 single-purpose intercommunal syndicates (SIVU) competency); · 160 closed joint syndicates (SMF) · Management of Aquatic Environments and Flood Prevention (GEMAPI) (sole competency) · 55 open joint syndicates (SMO) Alongside its portfolio, the GPM has two major projects focused on: Inventing the Greater Paris Metropolitan Area: is the biggest call for architecture and urban Out of the 425 Single-purpose intercommunal syndicates (SIVU), the domains where they act are: planning projects in Europe. All the site owners share the common ambitions of the contest (Real Drinking water: estate projects, commercial buildings, recreation areas, green spaces, sports venues, cultural · SIAEP Andrezel, Verneuil-l’Étang, Yèbles venues). The call seeks to: · Embody the vision and shared identity of Greater Paris and participate in its SINGLE PUR- · SIAEPA de la région de la Houssaye-en-Brie construction; POSE INTER- JURISDICTIONAL · SIAEP de Trilbardou et Vignely STRATEGIC · To bring out and build innovative urban and economic projects in the heart of the territories of the Metropolis; COOPERATION PROJECTS · SIAEP d’Arville Gironville · Take up the challenge of developing multiple and integrated innovations as part of a reinvented partnership approach. Construction and maintenance of municipal buildings: Olympic Project. The Paris 2024 Games represent a formidable opportunity for attractiveness · SIVU Montdauphin, La Trétoire et Villeneuve-sur-Bellot and transformation of the territory. So, the aim is to bring the Olympics and make it a global event, in a sustainable way. Projects include: · The Olympic Aquatic Center · The development of the ZAC Plaine Saulnier 14 http://comersis.fr/region.php?reg=111&njuris=CC 34 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 35 and an executive office. Localities that are part of such an authority can delegate BOX 1.3. Single purpose cooperation model in Ile-de-France region tasks and responsibilities. In theory, all competencies can be delegated, but working under a mandate is often seen as a disadvantage. For example, environmental Education: protection agencies, public health services, and labor protection agencies are · SIVU écoles primaires maternelles de Chauffry - Saint-Denis formed under this model. · SI restauration scolaire et accueil post et périscolaire Champdeuil – Crisenoy · SI des écoles élémentaire et maternelle de Saint-Cyr-sur-Morin et Saint-Ouen-sur- • The common agency (gemeenschappelijk orgaan) - a simple form of cooperation based Morin on the Common Provisions Act, is a body with legal personality, acting as a private sector · SIVU objectif campus MMT company with limited liabilities. This type of cooperation cannot employ its own staff SINGLE PUR- POSE INTER- · SI pour la restauration scolaire et l'accueil post et périscolaire d'Ozouër-le-Voulgis et and cannot be delegated to its own staff, as it is a new structure, with new professionals Courquetaine (SIROC) hired from the market. As a rule, the agency has an advisory role based on a common JURISDICTIONAL COOPERATION · Syndicat des écoles du bocage program, for example in the field of social protection and social housing. · SI des écoles de Noisy-Rudignon et Ville-Saint-Jacques • The central municipality (centrumgemeente-constructie) agreement this is carried out · SI des écoles du Bresmont separately from, or together with one of the above-mentioned forms, and which stipulates · SM du collège des bords de Seine that certain powers will be exercised only by one of the mandated member localities. Transport: Localities remain solely responsible for making their own decisions, and if the mandated city · Syndicat de transports Intercommunal de Gretz-Armainvilliers et Ozoir-la-Ferrière takes a decision with which the members disagree, they can withdraw their support. This Single-purpose Single-purpose Single-purpose intercommunal type of cooperation works very well when the mandated authority has a solid expertise in a EXAMPLES: intercommunal syndicate intercommunal syndicate syndicate school transport field, which it can share with other member authorities. The energy invested in creating such MMT campus d'Arville Gironville d'Ozoir la Ferrière forms of cooperation is minimal and requires the expansion of the existing departments’ Torcy HEADQUARTER: Le Mesnil-Amelot Fontainebleau capacity and the adaptation of contracts often to a specific service. November 19, 1973 CREATION DATE: December 6, 2010 November 13, 1909 In addition, there is the option of municipalities working together without any formal organization setup. Support actions for higher Water (treatment, adduction, The tasks that intermunicipal cooperation covers refer to a broad range of policy fields – urban COMPETENCIES: education distribution) School transport, transport planning and environment policy, employment policy, social policies and care, and economic NUMBER OF Three members / Two members / Fifteen members/ development, as well as to a series of public services – transport and infrastructure, public safety, MEMBERS: 2,284 inhabitants 286 inhabitants 60,692 inhabitants education, culture and sports, etc. Of all the cases of cooperation, the large majority (more than FUNDING: Budgetary and fiscal contributions of members 70%) are only active in one of these fields (single-purpose cooperation), while the rest covers two, three, or more policy fields. The methods of stimulating intermunicipal cooperation by the central administration were Interjurisdictional cooperation the following: • Decentralization of competencies to municipalities, subject to their express fulfillment at a in the Netherlands mandatory minimum level. Small municipalities must cooperate to achieve the objective, like in the case of public health services (public health method); Intermunicipal cooperation is carried out either based on the 1950 Joint Act, or through commercial and contractual forms. The 1950 Joint Act stipulated that a separate agreement or separate • Financial incentives in the form of grants to municipalities subject to cooperation between organization was mandatory for each service, competence or interest that municipalities could them. This measure has been applied in the field of environmental protection at the municipal jointly develop in order to prevent the creation of a new level of management with multiple level; and objectives or competencies. Between 1950 and 1985, 1500 single-purpose cooperation agreements • Transferring responsibilities to provinces, provided they delegate to municipalities if they are were created for a range of more than 30 services. Following the pressure of local authorities to willing to cooperate (the field of taxi licenses). remove restrictions on single-purpose organizations, in 2006 the Common Provisions Act was amended to remove restrictions on the scope of cooperation agreements. The following two case studies describe the current cooperation structures and mandates for the Amsterdam and Eindhoven metropolitan areas. Both are examples of the central municipality There are three basic models for cooperation: agreement model, where the main cities are mandated for planning, economic development, mobility, etc. Both are relevant because they provide a more flexible cooperation model, that • The public authority (openbaar lichaam ) - is a stand-alone body with legal is more private sector oriented, where the cooperation agenda focuses on topical issues, like: personality that can initiate contracts and agreements, can hire its own staff, mobility, smart economy, energy, urban-rural transition, etc. manage funds or create public-private partnerships. It has a steering committee 36 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 37 BOX 2.1. Multipurpose cooperation – Amsterdam metropolitan area BOX 2.1. Multipurpose cooperation – Amsterdam metropolitan area The new vision 2.0 is formulated as follows: In 2025 it will be a top European region where people like to live and work, where companies can develop successfully and where (international) talent and visitors feel welcome. A region in which people have access to sufficient jobs and suitable living space in an inclusive way, there is space and opportunities for sustainable entrepreneurship, learning and innovation. A region in which the quality of life is high, and accessibility is strong and in which they are on their way to realize their ambitions in the field of climate resilience and energy transition. AMSTERDAM The 2016-2020 MRA Agenda was updated in 2018. This update, amongst others, classified the 48 METROPOLITAN actions under seven development directions: AREA · Giving space to living and working METROPOLREGIO OBJECTIVES / AMSTERDAM VISION · Smarter and more innovative work (MRA)15 · Improving the quality of life · Accelerating the transition to a clean economy · Better connections · Making the metropolitan region climate-proof · Making the metropolitan region more agile A monitoring, evaluation, and reporting system is in place with a so-called traffic light report on the TYPOLOGY OF MRA website keeping track of the current status of each program. The MRA Agenda is updated The Amsterdam Metropolitan Area is a joint venture, on a voluntary basis, between the provinces of COOPERATION Noord-Holland and Flevoland, 32 municipalities and the Amsterdam Transport Region. every two years. The content of the MRA Agenda is adjusted every four years. MODEL The municipalities members of the MRA are: 1 Amsterdam, 2 Wormerland, 3 Zaanstad, 4 Beverwijk, Structure of the MRA: MEMBERS 5 Heemskerk, 6 Uitgeest, 7 Velsen, 8 Bloemendaal, 9 Haarlem, 10 HaarlemmerliedeenSpaarnwoude, OF THE 11 Heemstede, 12 Zandvoort, 13 Aalsmeer, 14 Amstelveen, 15 Diemen, 16 Haarlemmermeer, 17 Ouder- METROPOLITAN Amstel, 18 Uithoorn, 19 Blaricum, 20 GooiseMeren, 21 Hilversum, 22 Huizen, 23 Laren, 24 Weesp, 25 AREA Wijdemeren, 26 Almere, 27 Lelystad, 28 Beemster, 29 Edam-Volendam, 30 Landsmeer, 31 Oostzaan, 32 Purmerend, 33 Waterland SURFACE 2,580.47 km2, out of which Amsterdam city is 219.49 km2 (JANUARY 1, [the MRA occupies 6.3% out of the total surface of the Netherlands] 2018) POPULATION 2.457,296 inhabitants, out of which Amsterdam city has 854.047 inhabitants (JANUARY 1, [the MRA represents 14.4% out of the total population of the Netherlands] 2018) The government bodies within the MRA set out their long-term vision in 2007 in the Development ORGANIZATIONAL Scenario for the Metropolitan Region Amsterdam in 2040: an internationally competitive region STRUCTURE with compact cities within a landscape that is attractive for those seeking recreation and with an infrastructural network that interconnects the cores and connects them with the countryside and the rest of the world. The region focuses its efforts on the creative industries, manufacturing and the circular economy, wants to switch to sustainable energy sources, and Cooperation based on shared interests. cherishes major enterprises such as the Port of Amsterdam. OBJECTIVES / In 2016, cooperation within the MRA was confirmed by drawing up a joint action agenda (2016- The municipal councils and provinces of the MRA members are actively informed by their executive VISION 2020), and as they are now toward the end of implementation of this action agenda, implementation board and involved in activities requiring cooperation. The councils and states are actively informed by their own colleges and involved in the activities of MRA cooperation. The MRA cooperation therefore is still in full swing on some of the projects, while others have led to concrete results for the region. does not enter the formal relationship between representatives of the people and administrators in While the action points are being implemented further, the process is being used to set out the MRA terms of framework and control. Agenda 2.0. This new agenda will cover the period 2020-2024 and will be built on the foundation of the previous agenda. The first agenda placed emphasis mainly on spatial planning/housing, economy Agenda committee and Steering group. The coordination of the MRA cooperation is the and mobility. It is anticipated that the MRA agenda 2.0, scheduled to be launched in February 2020, responsibility of the agenda committee. This committee is formed by two directors from will have a wider range of intervention areas. each platform. In addition, there is the Control Group / Steering Group, which consists of representatives from each subregion, both provinces and the transport region, in which the regional interest is represented. The Steering Group meets twice a year to monitor and evaluate the progress of the collaboration and to approve the budget and work plans. 15 https://www.metropoolregioamsterdam.nl/ 38 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 39 BOX 2.1. Multipurpose cooperation – Amsterdam metropolitan area BOX 2.1. Multipurpose cooperation – Amsterdam metropolitan area The executive boards / college are active in many areas within their own subregion. On the MRA Actions from the MRA Agenda are in progress or have already been completed. Some concrete results: scale they work on the activities undertaken in the MRA Agenda within the three main platforms: • Coordination and programming of housing construction until 2040. Between 2017 and 2040, economy, spatial planning and mobility. The agenda is implemented by approaching the topics from 230,000 homes will be built in the MRA; an integrated view is taken of landscape, mobility, both local and metropolitan level, under the MRA coordination. economy and climate adaptation The platforms are composed of aldermen and deputies. Based on the MRA Agenda and work plans, ORGANI- the platforms determine which actions the MRA will take up, who acts as an administrative initiator • Transformation of offices and companies into (temporary) living and working space. Monitor ZATIONAL and what official support is required for this. Platform Businesses and Offices (Plabeka) shows that in 2017 more than 500,000 m2 of office STRUCTURE space changed function. More than half now have a residential function. The MRA Bureau was launched on January 1, 2017 as a small and flexible civil service organization that is responsible for supporting, facilitating, and improving cooperation in the Amsterdam • Housing production. More urgency for acceleration of home production and approach to Metropolitan Area. Important tasks in this regard are: facilitating administrative decision-making bottlenecks. 18,347 homes were delivered in 2018 due to new construction and transformation. and coordinating the implementation of the MRA Agenda, increasing the involvement of council • Housing internationals. Through the project 'Better distribution of international talent in the members and provinces, improving transparency and communication, and strengthening the MRA', concrete steps were taken in 2018 to position the MRA as one area with short distances integrality of cooperation. and distinctive living environments. In addition, English-language information about living in the region has been developed. Content is the main subject within the MRA cooperation. More than 90% of the budget is for the content: implementation of work plans of the platforms, program managers, substantive support by • Regional Skills Agreement for the MRA. More than 90 parties signed the Regional Skills the MRA Bureau and organization of conferences and congresses. The budget is mainly used for the STRATEGIC Agreement for the MRA in 2018. For a labor market more focused on skills, with workers basics and to boost co-financing, which involves a multitude of investments. developing throughout their lives. PROJECTS Collaboration within the mobility platform has a slightly different approach than within the other • Triple helix collaboration. In close collaboration with the Amsterdam Economic Board, the platforms: it is mostly about financing and designing large MRA-scale projects, also in consultation "construction logistics" and "circular economy" competitions were launched in 2017 and 2018. with the partners that operate on a national scale such as the state, NS and ProRail. The partners in the mobility platform are therefore the financing parties within the MRA. Therefore, the costs • Landscape Action Program. Using the best design and consultancy firms, 16 areas will be for the work plan of the mobility platform are not included in the MRA budget but financed from a transformed regarding 11 major spatial challenges for nature and landscape values. different budget line item. • Circular purchasing. MRA participants signed a declaration of intent on circular procurement in The income from municipal and provincial contributions has increased in 2018, because the number 2018. The goal is to achieve 50% circular procurement by 2025. Steps will be worked out in 2019 of inhabitants has increased. for the circular construction of newly built homes. FUNDING Incomes from (for year 2018): • Bicycle network. Creating one attractive, metropolitan bicycle network by 2025. In 2018 and · Municipalities: 1.50 euros per resident (total amount of 3.652,83 million euros) 2019, 30 million euros of measures will be implemented. · Prov. North Holland: equal contribution to Amsterdam (total amount of 1.267,421 million • Logistics flows. The Logistics Cooperation Agenda was adopted in 2018. Based on this, the MRA euros) participants work together with the business community and knowledge institutions on more · Prov. Flevoland: equal contribution to Almere (total amount of 301, 371 euros) efficient, quieter, cleaner and safer logistics flows. · Municipality of Amsterdam: extra contribution Economy Platform (total amount of • Work on the North Sea Canal Area. Improving the international competitive position of the 1.439,532 million euros) Amsterdam Metropolitan Area (MRA), and thus also improve its contribution to the regional and national economy. · Prov. Noord-Holland: extra contribution Economy Platform (total amount of 1.439,532 million euros) · Amsterdam transport region: extra contribution to MRA Trainee pool. (total amount of 83,000 euros) BOX 2.2. Multipurpose cooperation model – Eindhoven metropolitan area The MRA responsibilities are divided in the three platforms: Economy Platform The economy platform focuses on the challenges that arise from this domain. Such as stagnation. However, attractive location and environment, a well-educated workforce, high-quality knowledge infrastructure and good accessibility all make the Amsterdam metropolitan area is a top economic region. Consequently, further strengthening the economic potential is therefore high priority on the MRA Agenda. EINDHOVEN METROPOLITAN RESPONSI- Spatial Planning Platform Great pressure on the space in the MRA requires good spatial coordination and investing . The AREA BILITIES/ COMPETENCIES Spatial Planning Platform which meets approximately four times per year coordinates regional spatial developments and planning focusing primarily on developing a sustainable living and living METROPOLREGIO environment with emphasis on housing / living, sustainability, and landscape. EINDHOVEN Mobility Platform (MRE)16 The central perspective for the mobility platform is to promote the (international) accessibility of the Amsterdam metropolitan area. Investing in mobility is of great importance for improving the working and living environment in the MRA. For that reason, there are numerous traffic and transport projects in progress. Central to the agenda are major infrastructure projects and development strategies for traffic and transport. AREAS OF INTER- JURISDICTIONAL Economy, spatial planning and mobility platforms COOPERATION 16 https://metropoolregioeindhoven.nl 40 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 41 BOX 2.2. Multipurpose cooperation model – Eindhoven metropolitan area BOX 2.2. Multipurpose cooperation model – Eindhoven metropolitan area TYPOLOGY OF Voluntary type, under the framework cooperation that is laid down in the Eindhoven Metropolitan COOPERATION Region Cooperation Agreement. This agreement forms the substantive and procedural foundation Funding for the Eindhoven metropolitan area is from the residents’ contributions. MODEL for operating effectively for 21 municipalities, in line with the Brainport agenda. For the year 2020, the origin of resources that make up the budget of the MRE are: MEMBERS OF THE 1. Asten, 2. Bergeijk, 3. Best, 4. Bladel, 5. Cranendonck, 6. Deurne, 7. Eersel, 8. Eindhoven, 9. Geldrop- · Province; 20,000; <1%; METROPOLITAN Mierlo, 10. Gemert-Bakel, 11. Heeze-Leende, 12. Helmond, 13. Laarbeek, 14. Nuenen, 15. Oirschot, 16. AREA Reusel-De Mierden, 17. Someren, 18. Son en Breugel, 19. Valkenswaard, 20. Veldhoven, 21. Waalre · Municipalities - GGA work budget: 106,800; 1% · Municipalities - Brainport Development shareholders; 2,352,077; 17% SURFACE 1460 km2, out of which Eindhoven city is 88.87 km2 · Other contributions; 493,924; 4% (JANUARY 1, 2018) [the MRE occupies 3.51% out of the total surface of the Netherlands] · Contribution reserves; 180,222; 1% POPULATION 76,6941 inhabitants, out of which Eindhoven city has 209,620 inhabitants · Residents’ contribution; 10,674,473; 77% (JANUARY 1, 2019) [the MRE represents 4.48% out of the total population of the Netherlands] The funds of the Eindhoven metropolitan area will be used on the following issues in the year The Eindhoven metropolitan area (MRE) has been, traditionally, a region of innovative, hardworking and future-oriented people. As the world changes rapidly, the 21 municipalities have had to work 2020: together in a lively collaboration and work closely with various private partners. Together they · Brainport Development; 4,267,879; 31% have agreed upon meeting the challenges of the future and lay out a common strategy when it comes to economics, spatial development / planning and mobility. This area, which is also known · Economy; 274,436; 2% as Brainport Region, is characterized by a very strong high-tech industry with ASML and NXP as large international key players. · Rural area Transition; 439,713; 3% It is the region’s ambition to rank among the top five regions in Europe and in top 10 in the world · Energy transition; 415,780; 3% when it comes to economic strength and growth. The long-term vision is: Our region is high technology, innovative and sustainable and generates lasting prosperity and well-being for · Mobility, including GGA; 471,401; 3% OBJECTIVES / VISION its inhabitants. FUNDING · RHCe; 2.180.012; 16% Working together is in the DNA of this region- business, knowledge institutions and government · Administrative cooperation etc.; 709,253; 5% have been working together for years for a strong region. The region’s success is attributable to this collaborative spirit. The 21 regional municipalities have therefore joined forces in the Eindhoven · Unforeseen expenditures; 16,969; 0% metropolitan area, and they share a common ambition: to further develop the Brainport region · Overhead; 2.142.247; 16% into an economic global player that combines international allure with regional individuality. · Stimuleringsfonds; 2.909.807; 21% The cooperation within the Eindhoven metropolitan region seeks to maintain and expand the characteristic economic profile of the region, in order to stimulate the business and residential Two agreements govern financing grants: climate for their residents and businesses.  · Through the Stimuleringsfonds. – incentive funds. The purpose of this fund is to subsidize projects that strengthen the economy in the region. Keywords are cooperation The 21 municipalities worked together for years in the Samenwerkingsverband Regio Eindhoven and innovation. (SRE). But the SRE became too rigid, bulky, and bureaucratic. It no longer contributed to the solutions for the region, current and future. This led to its abolishment in 2015. · Through the Advice Regulation (SAR) which has been in force since 2013. This scheme is a subsidy primarily intended to stimulate innovative developments in individual SMEs But the 21 municipalities wanted to continue working together administratively. That is why the with added value for the region. The SAR provides a subsidy for the costs of an external Metropolis Region of Eindhoven was established in 2015 as a flexible, energetic network fostering consultant, with the aim of supporting an innovation or its implementation. Subsidy collaboration on regional cooperation between the municipalities, business, and R&D institutions conditions include a requirement that entrepreneurs must be based in the Eindhoven in the area. Decision-making on substantive topics remained with the 21 municipal councils. region and developing a new economic activity which leads to the maintenance or creation of new jobs and clear added value for the region, such as: strengthening the The Metropolitan Region has a General Board in which all municipalities have a representation business community, improving the quality of the leisure sector, incentives for livability from the college or the council. In addition, there is an executive committee consisting of the mayors of Eindhoven, Helmond, and Best. The mayor of Eindhoven is also president of the MRE. and sustainability. The budget for this scheme is limited. ORGANIZATIONAL The General Board of the Metropolitan Region of Eindhoven determines the framework of the One important aspect is that the Metropolis region will continue to be the only subsidiary to STRUCTURE policy that is implemented by the executive board. The General Board consists of 24 members; Brainport Development, as a regional paying authority. one representative from each municipality and the three members of the executive board. Every municipality has two votes. The members (mayor, alderman or councilor) are appointed by the city council. Once every four years, a Regional Agenda with an annual implementation program is drafted. For Executive board. The executive board is responsible for all monitoring activities and monitoring the period 2014-2018, it had the following main missions: economic strategy, energy strategy, the regional strategy, the external representation of the region and the internal functioning. The mobility, transition to rural areas. executive board meets once a month. RESPONSIBILITIES 1. Economy: interventions seek to prevent the fragmentation of interests and foster joint investment Advisory committee for finance. In accordance with the common regulations, the General Board in knowledge, infrastructure, and attractiveness, thus enabling the region to retain its competitive of the Eindhoven Metropolitan Region can set up permanent committees of advice for the daily edge against global competition. The Eindhoven Metropolitan Area provides the financial resources board, general board, or chairman. The general board has set up a permanent advisory committee for keeping its economic strength, both through the 21 municipalities’ contribution to Brainport, and for the financing issues. directly through instruments such as the Stimuleringsfonds (incentive funds). 42 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 43 BOX 2.2. Multipurpose cooperation model – Eindhoven metropolitan area Interjurisdictional cooperation in Spain Spain is a highly decentralized country, that has continuously developed its level of decentralization 2. Mobility: concerns itself with the regional, national and international accessibility of the region. An unreachable region has a negative impact on all other elements that affect the success recipe since the adoption of the Spanish Constitution in 1978, which establishes that the State is for Brainport, and successful accessibility interventions are seen as the flywheel for all other territorially organized into three levels of government: the central government, the regional developments. The Eindhoven Metropolitan Area opts for those projects that contribute to the tier or the comunidades autónomas (autonomous communities) and the local tier, formed of unique economic profile of the whole region and mobility ranks highly in this regard. municipalities, and provinces. 3. Energy transition: for the future generations there is a duty to providing a business climate that can ensure sustainable energy availability. Energy supply certainty is a major consideration Municipalities represent the first level of administrative units and they are administered RESPONSIBILITIES for companies intending to settle in the region. and governed by the council which is constituted of directly elected councilors, together with 4. Transition to rural areas: the high-tech activity that is visible within the MRE makes the region the mayor, who is elected by the councilors. The Spanish Constitution also establishes that unique. However, this is not the region’s only value proposition - the agricultural sector is also municipalities have the right to freely associate in supramunicipal authorities, while giving, at the important to the region and contributes to the quality of the business climate. However, the same time, the autonomous communities the competencies to regulate the creation of supra- agricultural sector is changing and within the regional theme “transition to rural areas” the focus is on improving the economic structure, strengthening spatial and ecological quality, and connecting municipal institutions. rural and urban areas. This contributes to the quality of life and to the special economic profile of the entire region. In this context, there is no common framework for intermunicipal cooperation, they are regulated differently at the regional level. However, there are various models of cooperation, in the form AREAS OF INTER- of metropolitan areas, consorcios (consortium), comarcas (counties) or mancomunidades JURISDICTIONAL Four platforms of cooperation: economy, mobility, energy transition, transition to rural areas COOPERATION (associations). TABLE 3. 1. Economy: Public Administration Structure in Spain17 · The 21 municipalities in the Eindhoven metropolitan area have insight into the various economic agendas and challenges in the region and link them to Brainport Eindhoven’s LEVEL OF GOVERNING STYLE RESPONSIBILITY strategy. GOVERNMENT · Relevant parties make optimum use of the Stimuleringsfonds and are embedded in the ecosystem of municipalities, entrepreneurs, knowledge institutions, and intermediary Power has been decentralized in Spain. Foreign policy; labor (unemployment organizations such as Brainport Development and BOM. While some commentators contend that and social security benefits); security membership in the EU and the trends towards · The Eindhoven Metropolitan Area - complementary to the work field of Brainport (police and armed forces); infrastructure intergovernmentalism have started to bring Development - has identified and explored emerging economic opportunities and, CENTRAL power back to the center, others note that (national roads and waterways, ports, and where relevant, formulated concrete proposals (plans of approach) for how to invest coasts); fiscal and monetary policy; health regional development policy and interventions and tackle them in our regional cooperation landscape. and education (in regions where these such as INTERREG give increased scope to responsibilities have not been devolved) 2. Mobility: Spain’s regions. · Expansion of SmartwayZ.NL with the total accessibility agenda or equivalent Social programs (health, education) in recognition from the province on the importance of all measures included herein. 17 comunidades autónomas; the central some regions; central government issues government has devolved more power to · Management and monitoring of cross-regional issues concerning accessibility, including REGIONAL some regions than others but the trend is basic policy, and regional government the Southeast Brabant public transport concession, practical coordination of roadworks (AUTONOMOUS) toward gradual homogeneity; unicameral develops it to specific needs (i.e. STRATEGIC and events and the Logistics Action Agenda. transportation, economic development legislative body PROJECTS and environmental policy.) 3. Energy transition: The regional municipalities use a coordinated method for the implementation of large-scale energy 50 provinces established in 1833. Assist and complement municipalities; projects, including preconditions, such as the local reinvestment of revenues from sustainable P rov i nc i a l Limited competencies after creation of focus on a limited number of services such forms of (large-scale) energy generation (social innovation). This is already an obligation under Deputation autonomous communities. as hospitals and provincial roads the area regulation of the Province of Noord-Brabant. A start has been made in the region on the realization of three concrete projects to produce (large-scale) sustainable energy with the potential to share and scale up experiences. LOCAL 8,000 plus municipalities. Parliamentary Coordination in the approach of municipalities in order to achieve sustainable new construction Municipal police, traffic enforcement, and for retrofit of existing construction. A regional digital energy desk was established and will style – citizens elect municipal council, which Municipal urban planning and development, social continue to make existing housing stock more sustainable. elects a mayor. The mayor appoints a board services, municipal taxes, civil defense of governors from his party. 4. Transition to Rural Areas: · Definition of a regional target image of the future rural area, including opportunities for improving the economic structure of rural area and their spatial and ecological quality. · The MRE developed joint spatial economic principles to address solutions for energy, 17 Source:Organisation for Economic Co-operation and Development (OECD). 1997. “Managing Across Levels of Government: climate, and new economic carriers in the rural area and thereby regional harmonization of the rules. Spain” and “Local Government in Spain”, Ministry of Public Administration and Comisión de Planeamiento y Coordinación del Área Metropolitana de Madrid – in International Centre for Local and Regional Development. 2011. “International Cases in · A knowledge platform where exchange takes place between the 21 municipalities, Cross-Border and Interjurisdictional Planning. Collaborative Communities: Co-Operation among Rural Municipalities – Insights higher authorities, and social parties. from Spain” 44 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 45 TABLE 4. LEVEL OF GOVERNING STYLE RESPONSIBILITY Major areas of Interjurisdictional cooperation in mancomunidades21 GOVERNMENT Mancomunidades (over 900) Horizontal Municipal services CATEGORY TYPES OF ACTIVITIES / DELIVERABLES cooperation in providing services among municipalities Judicial and administrative functions CITIZEN PROTECTION · Security and civil protection Comarcas—compulsory associations of AND SECURITY · Fire services INTERJURISDICTIONAL municipalities under regional law. Usually single-purpose organizations e.g. BODIES Consorcios —association of municipalities, economic promotion, cultural promotion, provincial, regional and central government water supply. · Sanitation and health bodies; can also include private organizations. · Education Urban planning and the management of Metropolitan areas—local entities of local PUBLIC SERVICES AND · Delivery of social assistance spaces. governments within built-up urban areas. SOCIAL WELFARE · Promotion of education (life-long learning) · Employment promotion · Undertaking and cemeteries More specifically, the autonomous communities (NUTS II Regions) are divided into provinces, which in turn are subdivided into comarcas. Comarcas are territorial divisions based mostly on historical · Waste collection boundaries which have limited competencies in spatial planning and in providing a framework WASTE, WATER AND · Water purification and distribution for the implementation of development plans. At the same time, consortiums (consorcios) are SANITATION · Maintenance of services – cleaning, lighting, electrical services, drainage, gardens, a form of vertical partnership between the local, regional, and national levels of government for and public spaces the delivery of local services.18 Consortiums can also include the private sector and non-profit · Environment and landscape – protection and regulation organizations, their scope being the delivery of services such as economic promotion, cultural ENVIRONMENT AND · Housing promotion, water supply, solid waste management, theater and hospital management, as well as SPATIAL PLANNING · Spatial planning and urban design inter-regional cross-border collaboration. · Basic infrastructure and public works At the same time, metropolitan areas in Spain do not have a statistical delineation, they are · Transport and mobility INFRASTRUCTURE established based on academic studies or institutional initiatives such as the Digital Atlas · ICT of Urban Areas in Spain, from the Ministry of Development.19 Depending on the degree of · Abattoirs, markets and supplies decentralization, there are various models of institutional arrangements implemented in Spain, such as metropolitan governments (e.g. Barcelona Metropolitan Area), metropolitan agencies (e.g. · Agriculture – farming, fisheries, and forestry the three sectoral agencies in Valencia for water services, waste treatment, and transportation), · Industry vertical coordination (e.g. vertical coordination by the regional and provincial governments in · Energy Bilbao), as well as horizontal coordination (e.g. in Madrid, where the limits of the urban area are PRODUCTIVE SECTOR · Mining similar to the limits of the regional government. · Tourism · Commerce With respect to the mancomunidades, this is the most common form of intermunicipal · Economic and social development cooperation, with 967 existing structures in Spain at the moment.20 This term refers to a voluntary association of municipalities for the delegation of functions and competencies to an entity · Promotion of cultural expression that has an independent budget and financial autonomy from the component bodies. The most · Physical education, sports, and recreation common areas of action of the mancomunidades cover sanitation, health, education, employment CULTURE AND HERITAGE · Heritage, the arts and local history promotion, maintenance of public space, water distribution, waste management, fire protection, · Social inclusion and citizen participation social services, culture, tourism, and urban planning. Depending on the scope of the cooperation, a municipality can simultaneously be part of several mancomunidades. These structures are financed by the participating municipalities, according to their population, a mechanism that · Basic information, studies, research, and technical assistance can be an obstacle for members with insufficient revenues. Lastly, the organizational structure · Consumer protection ADVISORY is based on councilors from the member municipalities that elect a president, a vice president, · Collection of financial and budget data · Delivery of administrative and other delegated functions and a treasurer. 18 Source: International Centre for Local and Regional Development. 2011. “International Cases in Cross-Border and Interjurisdic- tional Interjurisdictional Planning. Collaborative Communities: Co-Operation among Rural Municipalities – Insights from Spain” 21 Source: Figueras, P. R., Haas, C., Amer Capdevila, C. & Vilaplana, V. 2005. “Las mancomunidades en España. Boletín de la 19 Source: Mariona Tomàs. 2017. “Explaining Metropolitan Governance. The case of Spain”. Raumforschung und Raumordnung – A.G.E, 39” – cited in International Centre for Local and Regional Development. 2011. “International Cases in Cross-Border and Spatial Research and Planning, vol. 75 Interjurisdictional Planning. Collaborative Communities: Co-operation among Rural Municipalities – Insights from Spain” 20 Source: https://ssweb.seap.minhap.es/REL/frontend/inicio/mancomunidades/all/all 46 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 47 Last, apart from these typologies of administrative structures, interjurisdictional cooperation in Spain is also implemented through a series of other entities that involve public and private BOX 3.1. Multipurpose cooperation – Barcelona Metropolitan Area stakeholders in vertical and horizontal cooperation models such as specific departments in the The responsibilities of the metropolitan council cover the following: provincial councils (e.g. provincial patronatos / boards in the tourism sector) or commercial · Appoint and dismiss the president. societies. · Take into consideration the appointments and dismissals of the metropolitan The following boxes provide a series of examples of models of interjurisdictional cooperation in Spain: Barcelona. councilors are part of the metropolitan area of ​​ · Establishment of AMB sub-entities and commissions BOX 3.1. Multipurpose cooperation – Barcelona Metropolitan Area · Approve the action plan, ordinances and regulations. · Matters relating to finances, such as budget and tariff setting, acquisition and disposal of assets and rights, · Approve the economic contributions of the municipalities to the metropolitan patrimony. · Authority to make all necessary decisions to execute its mandate · All matters related to human resources such as approval of the workforce, the list of BARCELONA jobs, the remuneration, etc. METROPOLITAN · Report on the incorporation of new municipalities in the metropolitan area of ​​ AREA Barcelona.22 The responsibilities of the president are as follows: · Barcelona. Represent the metropolitan area of ​​ ORGANIZATIONAL · Convene and chair the meetings of the metropolitan council, the Governing board and any other metropolitan body and decide in case of a tie with a quality vote. STRUCTURE · Approve the internal organization of the metropolitan administration, appoint and TYPOLOGY OF Barcelona Metropolitan Area is a metropolitan public administration since July 27, 2010, when terminate the eventual advisory staff and propose to the metropolitan council the the Parliament of Catalonia unanimously approved Law 31/2010 of the Metropolitan Area of appointment and removal of the eventual management COOPERATION ​​ Barcelona. The Metropolitan Area of Barcelona has its own legal personality, as well as autonomy MODEL to fulfill its purposes. · personnel.Approve the development programs of the metropolitan action plan. Barcelona Metropolitan Area is situated in Catalonia, comprises 36 municipalities raging · Initially and provisionally approve the urban planning instruments, while the final from municipalities with less than 10,000 inhabitants to the City of Barcelona with more approval belongs to the metropolitan council. than 1,000,000 inhabitants: Barcelona, Badalona, Badia del Vallès, Barberà del Vallès, Begues, Castellbisbal, Castelldefels, Cerdanyola del Vallès, Cervelló, Corbera de Llobregat, Cornellà de · Barcelona. Direct the staff of the metropolitan area of ​​ MEMBERS Llobregat, El Papiol, El Prat de Llobregat, Esplugues de Llobregat, Gavà, L'Hospitalet de Llobregat, La Palma de Cervelló, Molins de Rei, Montcada I Reixac, Montgat, Pallejà, Ripollet, Sant Adrià de · Approve the basis for the selection and provision of places and jobs, fire the Besòs, Sant Andreu de la Barca, Sant Boi de Llobregat, Sant Climent de Llobregat, Sant Cugat workforce and apply the disciplinary regime, as well as exercise the other functions del Vallès, Sant Feliu de Llobregat, Sant Joan Despí, Sant Just Desvern, Sant Vicenç dels Horts, that are not attributed to other bodies in matters of personnel. Santa Coloma de Cervelló, Santa Coloma de Gramenet, Tiana, Torrelles de Llobregat, Viladecans · Award concessions and acquire real estate and rights subject to property law within SURFACE 636 Km2 prescribed limits. POPULATION 3.2 million people · Appoint and dismiss the executive vice president and the other vice presidents. OBJECTIVES / The scope of the Barcelona metropolitan area is to improve the provision of public services in the · Authorize, arrange expenses and recognize obligations within the limits of its VISION Barcelona and to ensure citizen involvement and participation. metropolitan area of ​​ competence, order payments, and render accounts. The administration of AMB is comprised of several distinct bodies such as the metropolitan council, the president, the executive vice president, the vice presidents, the governing board, · Exercise administrative and judicial actions in matters within its competence. the metropolitan political groups, as well as other bodies (the council of mayors, the special · Impose sanctions in the exercise of the competencies of the metropolitan area of ​​ audit commission and metropolitan political groups). Mayors and councilors elected from each ORGANIZATIONAL municipality sit on the metropolitan council, the main body that appoints the president, adopts Barcelona and in application of the laws and of the metropolitan ordinances or STRUCTURE the regulations and monitors the implementation of public policies. The metropolitan council regulations.23 is the highest governing body of the AMB. Among its powers is the appointment and removal of the AMB presidency; the approval of the Metropolitan Action Plan, which includes projects and services that the AMB will develop during the mandate; the approval of ordinances and 22 Source: http://www.amb.cat/s/es/web/amb/la-institucio/marc-juridic.html regulations, as well as the determination of the rates of metropolitan services. 23 Source: http://www.amb.cat/s/es/web/amb/la-institucio/marc-juridic.html 48 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 49 BOX 3.1. Multipurpose cooperation – Barcelona Metropolitan Area BOX 3.1. Multipurpose cooperation – Barcelona Metropolitan Area · Subsidies and other income from public law. · The product of credit operations. FUNDING · Resources from the European Union and from community programs. · Barcelona (AMB).24 Any other resource created to finance the metropolitan area of ​​ According to the law, the competencies and objectives of Barcelona metropolitan area cover the following: · The Metropolitan Urban Master Plan will be formulated by the metropolitan area, which means providing it with land-use planning instruments adapted to common needs and requirements. · In terms of public space and infrastructure of metropolitan interest, the metropolitan ​​ area of Barcelona develops the actions of territorial structuring necessary for the articulation, connectivity, mobility and functionality of the territory. · The metropolitan environment has its own Urban Planning Commission, which will enable all urban affairs of the 36 municipalities that comprise it to be analyzed ORGANIZATIONAL according to joint planning. STRUCTURE · The metropolitan administration promotes actions both to facilitate access to housing through the promotion of affordable social housing, as well as to rehabilitate the existing housing stock. · There is a desire that the metropolitan environment be an intelligent city, where the use of new technologies guarantees more and better services for citizens, in a sustainable environment from a social, economic and environmental point of view. · The action of the AMB in the environmental field is observed in the preservation of natural spaces such as the Collserola mountain range, as well as in the recovery and regeneration actions of the Besòs and Llobregat rivers. RESPONSIBILITIES · The AMB manages the 30 km of metropolitan beaches, from Castelldefels to Montgat, and develops the integral maintenance of the network of 51 metropolitan parks. · The rounds of Barcelona are a basic element of the metropolitan basic road network and are now managed by the new administration. · The AMB develops international collaboration projects and provides technical assistance to other cities in the Mediterranean through the Medcities project. · Prepares and approves the Metropolitan Urban Mobility Plan. Barcelona is be financed through the following sources: The metropolitan area of ​​ · The AMB has competencies in the transport of surface passengers in the 36 · Income from equity and other income under private law. metropolitan municipalities. · The surcharge on the real estate tax. · The services managed by the AMB cover 70% of the metropolitan mobility that · Other surcharges on the taxes of the municipalities. occurs in the collective means of transport. · Public fees and prices to provide services and to carry out activities within its · Barcelona is recognized as the most dynamic metropolitan agglomeration in the competence. Euro-Mediterranean area. The AMB is committed to mobilizing capacities and knowledge to increase the international presence, to boost economic activity, and to FUNDING · The fees and other rights in their favor to exploit public services and use the attract innovative people and activities. metropolitan public domain.Urban fees and special contributions to carry out works and to establish, improve or expand services. · The AMB acquires skills in the field of economic and social development to promote economic activity and strategic planning and promote employment and business · The product of fines and penalties. creation.25 · Transfers from supra-municipal entities regarding the delegation of competencies agreed upon. 24 Source: · The contributions of the municipalities that comprise it. http://www.amb.cat/s/es/web/amb/la-institucio/marc-juridic.html 25 Source: http://www.amb.cat/s/es/web/amb/la-institucio/presentacio.html 50 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 51 BOX 3.1. Multipurpose cooperation – Barcelona Metropolitan Area BOX 3.2. Single-purpose cooperation – Regional Transport Consortium of Madrid (CRTM) The Metropolitan Area of Barcelona covers the following key areas/sectors: Surface 8,028 km2 · Territory Population 6.5 million people26 AREAS OF · Transport and mobility INTERJURISDICTIONAL The scope of the Regional Transport Consortium of Madrid is the provision of public transport · Environment services to the inhabitants of the entire Madrid Region and associated municipalities. The main COOPERATION functions of the consortium are: · Social and economic development · Planning of public transport infrastructures; · International relations OBJECTIVES / · Establishment of an integrated fare framework for the system; The metropolitan area of Barcelona implemented numerous successful projects in various areas VISION STRATEGIC · Planning and coordination of services and programs for the operation of all transport of interest. Some of them regard the elaboration of the Plan Director Urbanistic Metropolitan or modes; and PROJECTS the urban regeneration plan for the Roca industrial area. · Creation of a global image of the transport system in which the consortium leads the relationship with users.27 The organizational structure of the CRTM is composed of: BOX 3.2. Single-purpose cooperation – Regional Transport Consortium of Madrid (CRTM) · A board of directors, which represents the highest authority; · The technical committee, which is responsible for consultation and support to the board of directors; · The president and the vice president who are appointed from the members of the board of directors; · The managing director. · The Administrative Board of CRTM is composed of representatives of the Madrid Region, adhered municipalities, state administration and different entities: private transport operators, trade unions or user and consumer associations – seven members from Madrid regional government, six members from associated municipalities (three from Madrid city council), two members from the Spanish CONSORCIO government, two private transport operators, two members from trade unions and REGIONAL DE one member from user and consumer associations. TRANSPORTES DE MADRID ORGANIZATIONAL (REGIONAL STRUCTURE TRANSPORT CONSORTIUM OF MADRID, CRTM) The Regional Transport Consortium of Madrid is an autonomous organization established by, TYPOLOGY OF and functionally dependent on the regional government. It was created by the adoption of Law COOPERATION 5/1985 on the creation of the Regional Consortium for Regular Public Transport in Madrid and it MODEL is established as an entity with its own legal personality and assets. The Regional Transport Consortium of Madrid covers the entire territory of the region of Madrid, 26 Source: The Regional Transport Consortium of Madrid. “The Sustainable Mobility Strategic Plan of the Madrid Region MEMBERS which consists of 179 component municipalities. 2013-2025” 27 Source: The Regional Transport Consortium of Madrid. 2013. “Madrid, a world reference” 52 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 53 BOX 3.2. Single-purpose cooperation – Regional Transport Consortium of Madrid (CRTM) BOX 3.2. Single-purpose cooperation – Regional Transport Consortium of Madrid (CRTM) In addition, the CRTM has approximate 140 staff members, in three main directorates: Strategic The responsibilities of the board of directors cover the following: Planning and Exploitation, General Secretariat and External Relations. · Approve the Draft Budget of the consortium. · Approve the preliminary draft consolidated budget of the consortium and its Department of Quality and dependent public companies Customer Service · Initially approve the general plan of infrastructures and services for regular passenger transport, excluding roads, and submit it to the governing council of Madrid for final Department of Legal General Status and Contracting approval, after a report from the Urban Planning and Environment Commission of Division of Madrid Secretariat Administrative Commercial Department · Approve the infrastructure plans and the plans related to the services of its Coordination competence. Economic and Financial · Approve the tariff structure of the consortium and the companies included therein. Department MANAGING DIRECTORATE · Prepare and approve the projects or the program contracts and the agreements to be signed with transport companies. Department of Accessibility · Prepare the guidelines of the passenger transport policy in the scope of the Consortium’s powers, as well as the objectives of the fare policy. Directorate Department of Information · Agree with the competent public administrations on the compensations that proceed about Service and Signage ORGANIZATIONAL of in favor of the consortium. Subdirectorate STRUCTURE Strategic of Department of Systems · Write the draft statutes of the consortium as well as the regulations derived from Planning Exploitation them. and · Approve authorizations and concessions related to public passenger transport. Department of Studies and Exploitation Projects ORGANIZATIONAL · Approve the distribution of income and compensation to the companies for which the STRUCTURE contributions made by each of the consortium entities will be considered. Department for the Exploitation of · Financial action such as year-end reporting, approving expenses within delegated Interchanges limits. Department for the 24th · Appoint the managing director at the proposal of the chairman of the board of Management of CITRAM directors. Department of urban and · Approve the organizational structure of the consortium’s services at the proposal of Directorate inter-urban transportation the managing director. of of other municipalities · Inspect the agreements adopted in the managing director by public companies External Department for Metro and integrated in the consortium.28 Relations Light Rail At the same time, the responsibilities of the President of CRTM include: Department for Metro and · Preside and set the agenda for the meetings of the managing director, and exercise, if Light Rail necessary, the quality vote. The main funding sources for the CRTM are: · Legally represent the consortium before the administrative and jurisdictional bodies. · The contributions for the maintenance of services. · Appear before the Madrid Assembly to account for the actions of the Consortium. · The contributions granted to it by the state, region of Madrid, and the municipalities integrated in the consortium · Direct and supervise the administrative and technical operation of the Consortium. · The contributions of the member companies · Propose the appointment of the managing director of the consortium to the board of directors. FUNDING · Revenue corresponding to the sale of multimodal tickets implemented by the Consortium · Authorize expenses and order payments from the Consortium budgets. · Fines and sanctions imposed in the exercise of its powers. · Issue the appointments of the chairs of the internal organs of the Consortium.29 · Income derived from advertising, from any sponsorship or patronage formula, from the exploitation of the integral rights, from the provision of advice, and any other activities, commercial or not, that derive from the signing of agreements, or contracts. 28 Source: Law 5/1985 on the creation of the Regional Consortium for Regular Public Transport in Madrid 29 Source: Ibidem 54 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 55 BOX 3.3. Multipurpose cooperation – Regional Transport Consortium of Madrid BOX 3.2. Single-purpose cooperation – Regional Transport Consortium of Madrid (CRTM) The main responsibilities of the CRTM according to Law 5/1985 include: · The planning of public passenger transport infrastructure, defining the guidelines of the policy to be followed; the programming of the investments and the supervision of the corresponding projects. MANCOMUNIDAD · The planning of services and the establishment of coordinated exploitation programs DE MUNICIPIOS DE for all the companies that provide them. LA COSTA DE SOL OCCIDENTAL · The development and approval of a common tariff framework that defines the tariff revenues to be received from users. · The processing and resolution of authorizations and concessions. · Inspection and sanction. RESPONSIBILITIES · The collection of the income from the multimodal tickets. TYPOLOGY OF · The distribution among public companies dependent on the consortium, of the The Mancomunidad de Municipios de la Costa de Sol Occidental was established in 1986 in the COOPERATION form of a voluntary association. income from tariffs and the establishment of the compensation regime. MODEL · Advertising, information and relations with users. The mancomidad consists of 11-member municipalities, as follows: Benahavis, Benalmadena, MEMBERS Casares, Estepona, Fuengirola, Istán, Manilva, Marbella, Mijas, Ojen, and Torremolinos. · The top management and control of public companies dependent on the Consortium. SURFACE 978.3 Km2 · The coordination, by agreement, of the investment activity of the different agencies of the state administration, autonomous, and local, whose powers in matters of POPULATION 529,596 inhabitants transport have not been transferred to the consortium. OBJECTIVES / The purpose of the mancomidad is to represent the joint management of a series of public · Coordination by agreement with the agencies that develop action programs that VISION services directly affect transport, such as land planning or the development of new national road network.30 The financial resources of the mancomunidad, according to its statute, include: · Revenue of private rights · Subsidies and other income of public rights · Fees for the provision of services or the performance of activities within its competence Some of the major projects implemented or developed by CRTM since its establishment include: FUNDING · Special contributions for the execution of works or for the establishment, expansion · The implementation of an integrated tariff scheme and of the Travel Pass (a or improvement of services within its competence multimodal, integrated travel ticket); · Shares from credit operations. · The extension plans for the metro and light rail network; · Fines · Strengthening the suburban bus network through the development of two major · The contributions of the joint municipalities.31 programs: the Madrid plan for metropolitan bus terminal interchanges and the plan STRATEGIC The organizational structure of the mancomidad is established by the Statute of the association. for bus platforms on national and regional roads; PROJECTS Its governing bodies are: · The development of Suburban Bus Stops Fittings and Signage Plan; · The assembly of the mancomidad, which is responsible for government control and oversight of the action of the government bodies. The members of the Assembly are · The establishment of CITRAM (The Integrated Public Transport Management Center); appointed by each municipality, and their number varies according to the population ORGANIZATIONAL of the municipality. · The Modernization Plan for Suburban Road Transport; STRUCTURE · The president and the vice presidents, which are appointed from the members of · The elaboration of the Sustainable Mobility Strategic Plan of the Madrid Region the Assembly 2013-2025. · The management commission, which is composed of the mayors of the eleven municipalities and it assists the President · One or more information commissions may also be created by the Assembly. 30 Source: Law 5/1985 on the creation of the Regional Consortium for Regular Public Transport in Madrid 31 Estatutos de la Mancomunidad de Municipios de la Costa del Sol Occidental 56 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 57 BOX 3.3. Multipurpose cooperation – Regional Transport Consortium of Madrid BOX 3.3. Multipurpose cooperation – Regional Transport Consortium of Madrid Transparency and Good Some of the most important projects implemented by the mancomunidad de municipios de la Governance Costa de Sol Occidental include: PRESIDENCY Strategic Plan · The implementation of the BICYCLE SLEEP project, though which the mancomunidad STRATEGIC developed the cycling network and services for tourists; The Advisory Council for PROJECTS Social Participation · The development of the Solmarina initiative and platform that organizes events and specialized activities and offers information on companies and clubs of water Tourism ecotourism. VICEPRESIDENCY 10 Beaches RSU BOX 3.4. Single-purpose cooperation – Provincial Tourism Board of Granada VICEPRESIDENCY 20 Environment ORGANIZATIONAL Training STRUCTURE Interior Management VICEPRESIDENCY 30 and Patrimony VICEPRESIDENCY 40 Conflict Mediation PATRONATO Investments PROVINCIAL VICEPRESIDENCY 50 DE TURISMO Coordination with Acosol DE GRANADA (public company) (PROVINCIAL VICEPRESIDENCY 60 New Technologies TOURISM BOARD OF GRANADA) VICEPRESIDENCY 70 Institutional Relations VICEPRESIDENCY 80 VICEPRESIDENCY 90 In accordance with its statute the main responsibilities of the mancomunidad cover the following areas of interjurisdictional cooperation: TYPOLOGY OF The Provincial Tourism Board of Granada was established in 1982 as an autonomous local body Water management – This sector comprises the management of water supply, sanitation, COOPERATION MODEL of the Provincial Council of Granada. treatment of urban wastewater, as well as regeneration of treated wastewater for reuse; The main purpose of the Provincial Tourism Board of Granada is to transform the traditional model of tourism administration into a new modern instruments of destination management. Management of urban solid waste – including the treatment of solid waste, the management The board’s main objectives are: of the transfer plants and waste recycling; · To promote, both nationally and internationally, the rich and varied tourist offering of the Urban planning – the main responsibilities of the mancomunidad include strategic planning, OBJECTIVES / province and to consolidate Granada as a holiday destination. consultancy for the local municipalities, as well as inspection for the municipalities that VISION · To promote tourism development in the province of Granada to turn tourism into the engine request it; of its economy and an important source of employment and income. Coastal management – This mancomunidad provides assistance to the local municipalities · To retain the tourist who visits the province, offering professional attention and information RESPONSIBILITIES in the maintenance of beaches; to make the stay more pleasant and satisfactory. Environment – including the organization of campaign for the protection of the environment, The organizational structure of the Tourism Board is comprised of three major bodies: governing or reforestation initiatives; bodies (the president, the vice president, the governing council), management bodies (board of directors, director, regional chiefs) and advisory bodies (advisory board, territorial forums, sectorial Tourism – including information and promotion of tourism activity and resources forums, commission of tourist municipalities and representatives of the provincial tourism sector). Fire protection service – offers assistance for coordination of fire and control campaigns ORGANIZATIONAL Among these, the President of the board of director and of the provincial council of Granada has STRUCTURE the following responsibilities: Joint investment plans –covers the development or the implementation of major projects · Convene, preside, suspend the sessions of the governing council, direct the deliberations and relevant at supra-municipal level decide ties with a quality vote. Other activities and services – the mancomunidad can also be involved in other sector of · Form the draft budget of the autonomous body, assisted by the director, auditor, and activity such as culture, sports, economy etc. treasurer. 58 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 59 BOX 3.4. Single-purpose cooperation – Provincial Tourism Board of Granada BOX 3.4. Single-purpose cooperation – Provincial Tourism Board of Granada · A representative of the Provincial Association of Tourism Guides · A representative of the Provincial Association of Travel Agencies · Financial authority such as authorize and dispose of expenses, ordering payments. · A representative of the Provincial Association of Leisure and Spare Time · Represent the autonomous body before the courts, administrations, corporations, · A representative of each of the other professional tourism associations authorities, notaries and individuals and exercise judicial and administrative actions and the defense of the agency in matters that fall within its competence. · A representative of Cetursa Sierra Nevada S.A · Approve the organizational structure of the services and units of the agency. · A representative of each agency responsible for the centers generating the highest tourist attraction · The Governing Council’s main responsibilities include: · The responsible person for Granada bus station · Determine the policy of action and management of the autonomous organization; approve the annual performance program. ORGANIZATIONAL · The responsible person for Granada railway station · Initial approval of the budgets and annual accounts STRUCTURE · The responsible person for Granada airport · The exercise of judicial and administrative actions and the defense of the organism · A representative of the taxi union in matters of competence of the governing council. · A representative of the Granada Confederation of Businessmen · Approval of agreements, deals, and other instruments of collaboration and · A representative of each tourist region together with a representative of the Valley de cooperation with other administrations, agencies, entities, or any other natural or Lecrín and another of the Montes de Granada, designated by the provincial council legal persons, which are within their competence. · A representative of the Provincial Strategic Plan · Authorize and dispose of expenses within the limits of its competencies. · A representative of the Monumental Complex of the Alhambra and the Generalife · In addition, the advisory bodies play a major role in the board’s activities since they benefit from the presence of a great variety of relevant stakeholders. For example, · A representative of the golf courses of the province the Advisory Board includes: · A representative of the science park32 · A representative from the department of the provincial council with competencies in the cultural sector The main funding sources of the Tourism Board are: · A representative from the department of the provincial council with competencies in · The contributions of the Provincial Council of Granada territorial development and planning ORGANIZATIONAL · Subsidies or extraordinary aids, or donations from natural persons and public or STRUCTURE · A representative from the department of the provincial council with competencies in providing assistance to municipalities FUNDING private entities, of any nature · The benefits obtained by direct or indirect provision of services, as well as those · A representative from the department of the provincial council with competencies in obtained from the commercialization of products the environment sector · Credit operations33 · A representative from the department of the provincial council with competencies in the sports sector · Two representatives of the city of Granada According to it Statute, the main competencies of the board cover: · A representative of each city Council whose population exceeds 20,000 inhabitants · Economic, legal and technical assistance to the municipalities with regards to tourist · Seven representatives of the Federation of Hospitality Entrepreneurs, representatives promotion of each of the seven tourist regions of the province · The vertical cooperation with state authorities, as well as the autonomous · A representative of the chamber of commerce, industry and navigation. communities · A representative of each of the most representative trade unions in the tourism · The development of competencies delegated by state authorities or the autonomous sector RESPONSIBILITIES community · A representative of each of the provincial financial entities AND ACTIVITIES · The development of competencies in the tourism sector · A representative of each of the provincial delegations of the councils of the Junta de Andalucía with competencies in tourism, culture and environment More specifically, the board covers two main areas of activity concerning the promotion of the tourist destination of Granada, as well as the provision of assistance for the development of local · A delegate of the Government with state competencies in tourism communities. In this context, the tourism board participates in national and international fairs, · A representative of the University of Granada develops promotion campaigns and organizes professional trips for travel agents and journalists. At the same time, the board offers knowledge and support through statistical and market · A representative of the Provincial Accommodation Association studies, professional advice, viability plans, tourism courses and legal support. · A representative of the Provincial Association of Restaurants, Cafes and Bars. · A representative of the Provincial Camping Association 32 Source: Estatutos del Patronato Provincial de Turismo de Granada 33 Source: Estatutos del Patronato Provincial de Turismo de Granada 60 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN EU COUNTRIES 61 Preliminary conclusions • Legal framework for government enterprises, management of municipal assets, and public- private partnership; – relevance for Romania • Monitoring and control system for processes within public development agencies, and for related expenditures; The French model is based on a strong legal framework that has developed during more than one • Government incentives for projects developed in multi-jurisdictional cooperation, with century. The cooperation culture has been built over these years, with the support of all levels of central financial support, or EU funding; government, from the central level, to the regional, the departmental, and down to the communal • Ways to develop iteratively, in order to create capacity and trust between stakeholders. level, where specific needs could only have been met through collaborative arrangements. The model has developed to the extent that there is no municipality in France left outside of a The Spanish model offers a great variety of interjurisdictional cooperation models depending cooperation arrangement. on the level of decentralization. Although the Spanish legal framework, in certain cases, is different from the legal framework in Romania (regarding the regional competencies in regulating The cooperation structures are public entities with different mandates and competencies, intermunicipal cooperation or the existence of specific administrative bodies, established by law, according to the purpose they are established for, covering the whole spectrum – multi-purpose, in charge of interjurisdictional cooperation, as is the case of the Barcelona Metropolitan Area or single-purpose, project-based partnerships. Although the French administrative system has some the Regional Transport Consortium of Madrid), all the aforementioned models provide relevant similarities with the Romanian one, the cooperation culture and the government support in this examples for the establishment of organizational structures, funding resources, responsibilities / respect are quite different. For instance, there is a general reluctance to cooperate in Romania. areas of cooperation, and the typologies of the stakeholders involved. The current French experience is therefore relevant, as it brings in a variety of possibilities to be further taken into consideration. However, a series of conditions are necessary in order to In addition, many of the entities presented are part of European and international networks replicate some of the successful outcomes and for this reason the following directions might be and programs, which facilitates the exchange of best practices on their activities. For example, explored: Barcelona Metropolitan Area acts as the headquarters for the Medcities General Secretariat, which is a network representing over 40 Mediterranean cities working in the field of sustainable urban • A dedicated law to enable and regulate interjurisdictional cooperation that brings together development, while, at the same time, taking part in numerous other networks, such as Metropolis the current provisions that exist in the administrative code, planning and public finance laws, (World Associations of the Major Metropolises), and the European Metropolitan Authorities. At and that clarifies the institutional arrangement and prerogatives of public partners; the same time, the Regional Transport Consortium of Madrid has been involved in, or is part of, • Government financial support and/or financial incentives to stimulate cooperation among various European projects, such as Civitas-Eccentric (innovative solutions for sustainable mobility territorial-administrative units, when dealing with development programs and projects, and of people), EBSF_2 (European Bus System of the Future 2), OptiCities (enhancing smart mobility) with EU funding; etc. Last, organizations from Romania can collaborate with other European entities, as was the case of Sibiu County Tourism Association and the Provincial Tourism Board of Granada which • Flexibility of approach in dealing with public services provision, and with integrated were partners in the Interreg Europe project, CHRISTA (Culture and Heritage for Responsible, development aspects, such as planning, economic development, environment, etc., in the Innovative and Sustainable Tourism Actions). sense that distinct principles and rules could apply, and the right of a municipality to join one and/or another should be granted. The relevance of the case studies for the Romanian situation is summarized in the following table: (IDA is the Intercommunal Development Association) The Dutch model, if compared to the French one, is less complex, and more private sector oriented. It supports cooperation based on the development agencies structure, where these agencies have the right to manage publicly owned assets, and therefore have the capacity to IDA’S SCOPE formulate strategies and implement projects for their members. These structures are private CASE STUDY OF WORK/ RELEVANCE FOR ROMANIA COMPETENCIES enterprises, where the local authorities and public services companies are shareholders. Like in the French case, the central government and the provinces support cooperation among Drinking water 425 Single-purpose municipalities through financial incentives and grants. Intercommunal Construction and maintenance of IDAs for service provision already exist in Romania. syndicates (SIVU) in municipal buildings Lessons on the structure of these organizations, If the Dutch model is considered an example for the Romanian cooperation system, it has the Ile-de-France region investment funding, and performance indicators advantage of less bureaucratic structures and a flexibility of approach, as it allows the members SINGLE Education are important for future development. PURPOSE to bring in additional partners, from the private sector, civil society, etc., according to the specific IDAs Transport The case of tourism association might use as an development objectives. However, the Dutch collaborative culture, private sector orientation, and Regional Transport example for areas with valuable tourism potential Transport (e.g. Prahova Valley, Bucovina, Maramures, etc.) approach to consensus building in public decision are important contextual factors that may Consortium of Madrid limit the transferability of this structure. To work in Romania, the following aspects need to be Provincial Tourism Tourism development studied in detail: Board of Granada 62 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS Communauté urbaine de Bordeaux Large area of competencies, including: Lille Métropole · Economic Grand Lyon development Marseille · Urban Provence Métropole planning Nantes Métropole · Habitat Alpes Maritimes · Environment Ile-de-France · Mobility IDAs for metropolitan areas are lessons to deepen Communauté Urbaine · etc. the knowledge further. The complex cooperation LEGISLATIVE FRAMEWORK de Strasbourg mechanisms and the delegation of competencies to these organizations require a paradigm shift. Amsterdam · Economy Although there are some functional examples in metropolitan area Romania, their missions and performance are FOR INTERJURISDICTIONAL MULTIPURPOSE · Spatial still to be improved. It is however important to IDAs planning explore possibilities of the single-purpose IDAs Eindhoven metropolitan to evolve towards multipurpose IDAs by taking COOPERATION IN ROMANIA · Energy area over additional tasks and competencies (like in · Mobility some of the EU cases), and to become important agencies for planning, investment coordination, · Planning etc. · Transport · Environment Barcelona Metropolitan Area · Socio- economic development · International relations Mancomunidad de Municipios de la Costa de Sol Occidental LEGISLATIVE FRAMEWORK FOR INTERJURISDICTIONAL COOPERATION IN ROMANIA 65 Interjurisdictional cooperation in Romania is mainly covered by the legislation defining metropolitan areas, metropolitan territory and Intercommunal Development Associations (IDA), such as law number 215 / 23.04.2001 of the local public administration, law number 350 / 06.07.2001 on spatial planning and urbanism and Law number 351 / 06.07.2001 regarding the approval of the National Territory Plan - Section IV - The Network of Localities. The development associations, including the metropolitan ones, are regulated by government ordinance number 26/2000 regarding associations and foundations. In addition, depending on the range of services and activities undertaken by the metropolitan IDAs, the basic legislative framework includes law number 51/2006 on community public utility services, law number 273/2006 regarding local public finances, law number 3/2003 on the administration of local public and private assets, law number 213/1998 on public property, law number 326/2001 regulating communal management services, law number 92/2007 on local public transport services, and law number 7/1996 regarding the cadastre and land registration, as well as the government ordinance number 39/2018 on public-private partnership. Evolution of the legislative framework on interjurisdictional cooperation and metropolitan areas From a chronological point of view, the metropolitan area and metropolitan territory were defined with the entry into force of laws number 350 / July 7, 2001 and 351 / July 7, 2001, when the delineation mode and their characteristics were established at a conceptual level. Metropolitan area - the area established on a voluntary basis between major urban centers (Capital of Romania and first rank municipalities – in total 12 cities: Bucharest, Bacău, Brașov, Brăila, Galați, Cluj-Napoca, Constanța, Craiova, Iași, Oradea, Ploiești, and Timișoara) and urban and rural localities in the immediate area, at a distance of up to 30 kilometers, between which relations have developed (law Number 351 / 06.07.2001 on the approval of the National Territory Plan - Section IV - Localities Network) 66 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS LEGISLATIVE FRAMEWORK FOR INTERJURISDICTIONAL COOPERATION IN ROMANIA 67 public finances and Law number 51/2006 on community public utility services describe the Metropolitan territory - the area around large urban agglomerations, delineated by specialized organizational structure of Intercommunal Development Associations, as well as the conditions studies, which creates mutual relations of influence in the field of communication, economic, under which local authorities are able to contribute with capital or goods to joint projects, or to social, cultural, and urban infrastructure. As a rule, the metropolitan territory limit exceeds delegate the management of public services. the administrative limit of the locality and may exceed the boundary of the county to which it belongs. (law number 350 / July 7, 2001 on Spatial Planning and Urban Planning) Article 13 Intercommunal Development Associations - legal cooperation structures of private law, set up (1) Intercommunal Development Associations are headed by a board of directors composed of representatives of the constituent administrative units, designated by the local council or the county under the law by the administrative-territorial units for the joint development of projects of council, at the proposal of the mayor or the president of the county council, as well as at the proposal of zonal or regional interest or the joint provision of public services the local or county councilors, as the case may be. Metropolitan area - the Intercommunal development association established based on a (2) The board of directors is headed by a chairman elected, by vote, by the majority of its members. partnership between the capital of Romania or the I rank municipalities and the administrative- territorial units located in the immediate area (…) Deliberative and executive authorities of the (3) In order to achieve its objectives, the board of directors may set up a technical apparatus financed by administrative-territorial units each component retains its local autonomy, according to the law. the resources of the Intercommunal Development Association. (law number 215 / 23.04.2001 of local public administration - updated version, 06.07.2006) (4) The organization and functioning of the board of directors and the technical apparatus are established In 2008, the financial and planning framework for the designation of the growth poles and the by the founding act and the statute of the Intercommunal Development Association, approved by the decisions of the local councils, respectively the county councils. urban development poles was outlined through the government decision number 998 / August 28, 2008, with priority given to investments from the programs with EU and national funding. (Law number 215 / April 23, 2001 of local public administration - updated version, July 6, 2006) Thus, for the 2007-2013 programming period, each of the seven growth poles (Brașov, Cluj- Napoca, Constanța, Craiova, Iași, Ploiești, and Timișoara) were constituted as metropolitan areas and established a form of metropolitan cooperation. Article 35: Collaboration, cooperation, association, twinning, adhering Finally, the latest legislative amendment aiming to establish metropolitan areas in Romania dates from 2011 and refers to lower-rank municipalities. This was developed through laws number 215 (1) The deliberative authorities may approve the collaboration or the association for the development / April 23, 2001and 351 / July 7, 2001 allowing county seats to establish metropolitan areas. of local public works and services. The collaboration or the association is carried out based on However, this reference has not been incorporated in all the existing legal provisions regarding association agreements, which also provide funding sources representing the contribution of each the metropolitan areas. local public authority involved. (…) In order to ensure the balanced development of the territory around the Capital of Romania and the (2) The deliberative authorities may decide on the participation with capital or goods, on behalf of first ranked municipalities or the county seats, the basic administrative-territorial units in these areas and in the interests of the local communities they represent, in the establishment of companies or of may associate with each other in a voluntary partnership in order to establish metropolitan areas. services of local and county public interest, according to the law. (…) (Law number 351 / July 7, 2001 on the approval of the National Territory Plan - Section IV - Network of Localities - Consolidated form starting with December 15, 2018) (3) The deliberative authorities may decide on the participation with capital or goods, on behalf of and in the interests of the local communities they represent, in the establishment of community The Administrative Act issued by the government ordinance 57/July 3, 2019 includes the latest development associations, according to the law, in order to conduct joint development projects of legal provisions regarding the associations of territorial administrative units (organizational local or regional interest and for the provision of public services. forms, financing, and functioning), as part of articles 89-91. (4) Community development associations are financed through contributions from the local budgets of the administrative units, from other project-based attracted sources, loans or public-private Legislative framework for the partnerships, according to the law. funding and functioning of (5) The Government conducts national development programs in order to foster the association of administrative units and to increase their administrative capacity, which are financed annually from interjurisdictional cooperation the State Budget through the budget of the Ministry of Administration and Interior. (Law number 273/June 29, 2006 regarding local public finances) Apart from the definition and delineation of metropolitan areas and of Intercommunal Development Associations, the Romanian legislative framework also establishes mechanisms for funding and functioning of interjurisdictional cooperation. In this respect, Law number 215 / April 23, 2001 of the local public administration, Law number 273/2006 regarding local 68 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS LEGISLATIVE FRAMEWORK FOR INTERJURISDICTIONAL COOPERATION IN ROMANIA 69 metropolitan partnership. However, except for the cases when integrated urban development The delegation of the management of a service of public utility – the action through which an strategies were mandatory for EU funds attractions (such as in Regional Operational Program administrative unit assigns to one or more providers, under the present law, the provision / supply [ROP] 2014-2020, Priority Axis 4, it was compulsory to include all projects established in the of a service or activity in the area of services of public utility which is in their responsibility. The Action Plan of the Sustainable Urban Mobility Plan [SUMP], in the projects portfolio of the Urban delegation of the management of a service/activity of public utility involves the actual operation of Development Integrated Strategy (UDIS), associated to the same territory, urban or metropolitan), the service/activity, the provision of the system of public utilities for the delegated service/activity, cities rarely plan at metropolitan or peri-urban level, since there are no mechanisms in place for as well as the right and obligation of the provider to manage and to exploit the public utilities the control, incentives for and sanctioning of the lack of strategies required by law. system. The delegation of the management can also be performed by intercommunity development associations which have the responsibility for services of public utility, in the name of and on behalf In terms of territorial planning instruments, there are several overlaps and inconsistencies of member administrative units, under a special mandate granted by them. between urban development strategies, peri-urban/metropolitan strategies, metropolitan (law number 51/August 3, 2006 on community public utility services) territorial development plans, general urban development plans, sustainable mobility plans – all of which relate to the same territory (in specific situations required to be developed at the In terms of strategic planning, the national legal framework describes the instruments available, metropolitan level). An integrated and unitary planning system should support interjurisdictional or even compulsory, for strategic and spatial planning of functional territories, as well as the cooperation, clarifying the requirements, actors, and tools for metropolitan planning. administrative entities responsible for the initiation and approval of these documentations. With regards to interjurisdictional cooperation, Romanian administrative units can also In order to ensure a coherent and sustainable development, to correlate the development priorities collaborate and associate in order to provide the management of a service / activity of public and to make public investments more efficient, to capitalize on natural and cultural resources, the utility and to develop the public utilities system. Law number 51/2006 on community public local public authorities of the administrative units within urban agglomerations and metropolitan utility services is also the legislative act which defines the mechanism of collaboration under areas defined according to the law elaborate the peri-urban / metropolitan development strategy as intercommunal development associations, while the typologies of public utility services and an integrated territorial planning documentation for the foundation of general urban plans. the association acts are defined by the government ordinance number 855/2008 approving the constitutive framework act and the framework statute of Intercommunal development The peri-urban / metropolitan development strategy is elaborated within a partnership consisting associations for public utility services. of representatives of the County Council and the authorities of the local public administrations in the polarizing city-center, together with all the neighboring communes, and, as the case may be, representatives of the Ministry of Regional Development and Public Administration and European Funds34. This documentation is funded by the associated partners and / or by the county council Section 2 - Intercommunity development associations and is approved by the county council, with the approval of the peri-urban partnership. For rank 1 and 2 localities, the peri-urban / metropolitan development strategy and peri-urban / metropolitan Article 10 urban mobility plans are initiated by the county council or the polarizing city-center. In the case of Bucharest, the initiation of the peri-urban / metropolitan development strategy can be done by the (1) Two or more administrative units, within the limits of the competencies of their deliberative and General Council of the Municipality of Bucharest, in partnership with the local public administrations executive authorities, may cooperate and associate, under the law, with the purpose of establishing involved, and by the Ministry of Regional Development, Public Administration and European Funds, intercommunity development associations with the purpose of jointly providing / rendering according to the law. community services of public utility and the establishment, modernization, rehabilitation and / or development, as appropriate, of the related public utilities systems. The zonal spatial plan (PATZIC, PATZIO, PATZM) has a strategic role and it is elaborated in order to solve specific problems of certain territories. These territories can be: (4) The administrative units may mandate, according to the law, intercommunity development a) Intercommunal or interurban, composed of basic administrative units, communes and cities; associations for public utility services, through decisions of their deliberative authorities, to exercise, b) Intercounty, including parts of counties or entire counties; on their behalf, the right to delegate the management of the transferred public utility services in the (law number 350 / July 6, 2001 on Spatial Planning and Urban Planning) responsibility of the associations, including the right to make available the public utilities systems for the transferred public utility services. According to law, functional urban areas and metropolitan areas have the responsibility to elaborate development strategies as a foundation for general urban plans, and they also have (law number 51/March 8, 2006 on community public utility services) the possibility to elaborate territorial development plans. The main administrative body that can initiate and approve these documents is the county council, together with the peri-urban/ 34 Now known as Ministry of regional Development and Public Administration. 70 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS LEGISLATIVE FRAMEWORK FOR INTERJURISDICTIONAL COOPERATION IN ROMANIA 71 The legislative framework for private sector involvement is mainly established by the Government Article 2 Ordinance number 26/2000 on associations and foundations, law number 31/1990 on (1) An intercommunity development association established and organized under Law no. 51/2006, commercial companies, law number 15/1990 on the reorganization of state-owned companies as subsequently amended and supplemented, may have as its object one or more community public as autonomous administrations and as commercial companies, or government ordinance number utility services, respectively: 39/2018 on public-private partnership (PPP). a) the water supply service; b) the sewerage and sewage treatment service; Natural and legal persons pursuing activities of general interest or in the interest of local communities c) the storm water collection, sewerage and drainage service; or in their own non-profit interest may form associations or foundations (Government Ordinance no. 26/2000 on associations and foundations). Associations and foundations are private legal entities, d) the production, transport, distribution and supply of centralized heating system; with non-profit purpose. e) the local waste management service; f) the public lighting service; In order to conduct activities for profit, natural and legal persons can associate and form companies with legal personality (Law no. 31/1990 on commercial companies). The goal is to develop activities g) the administration of the public and private domain of the administrative units; in order to obtain profit. h) the local public transport service. (2) The water supply and sewerage service is an exception to the stipulations of paragraph (1) for The state economic units, irrespective of the organ under which they are subordinated, are organized which only intercommunity development associations with a single, distinct object of activity may and function (...) in the form of autonomous administrations or commercial companies. be constituted. State economic units, except for those constituted as autonomous administrations, will be (Ordinance number 855/August 13, 2008 approving the framework constitutive act and the organized in the form of joint stock companies or limited liability companies. (Law no. 15/1990 on framework statute of intercommunity development associations for public utility services.) the reorganization of state-owned companies as autonomous administrations and as commercial companies) Depending on the public utility service provided or delegated by the administrative units or by the Intercommunal development associations, a series of other sectoral legislative acts are also relevant in the process of providing the services, such as law number 241/2006 on water The public-private partnership is defined as having its scope in the development or, as the and sewerage services, law number 101/2006 regarding local sanitation services, law number case may be, the rehabilitation and / or the extension of a good or property belonging to the public 230/2006 on public lighting, law number 92/2007 on local public transport services or the partner’s patrimony and / or the operation of a public service. Regulation (EC) No 1370/2007 of the European Parliament and of the Council of October 23, 2007 on public passenger transport services by rail and by road and repealing Council Regulations The mechanism of the public-private partnership is characterized by the following principles: (EEC) Nos 1191/69 and 1107/70. • the cooperation between the public partner and the private partner in order to implement a public project; Legislative framework for the • the relatively long duration of the contractual relations of over 5 years, allowing the private involvement of the private sector in partner to recover the investment and achieve a reasonable profit; • the financing of the project mainly from private funds and/ or, depending on the case, by interjurisdictional cooperation models joining public and private funds; • achieving the goal pursued by the public partner and the private partner; Considering the complexity of the interventions needed at the regional / metropolitan / • the distribution of risks between the public partner and the private partner, depending on the intermunicipal level, the private sector can also be involved in interjurisdictional cooperation whether ability of each contracting party to assess, manage and control a certain risk. it is in the form of an association, a commercial company or a public-private partnership. Some examples can be identified in the case of the DMOs (Destination Management Organizations) (Government ordinance number 39/2018 on public-private partnership) in the tourism sector or of the program-based partnerships (e.g. local action groups (LAG) or community-led local development (CLLD) partnerships). At the same time, the public-private partnership is also a relevant instrument which can substantially contribute to the successful implementation of major projects. In Romania, this kind of partnership is usually established directly between the private sector and the local administrative units. 72 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS Conclusions The legislative framework regulates several important aspects regarding interjurisdictional cooperation in Romania, including: • The definition and delineation criteria for metropolitan areas as the territory where mutual relations of influence are established between several administrative units; • The definition of intercommunal development associations as the legal structure for intermunicipal cooperation; • The general organizational structure of intercommunal development associations; • Conditions under which local authorities are able to contribute with capital or goods to joint projects; MODELS OF • Conditions under which local authorities are able to delegate the management of public INTERJURISDICTIONAL services or the development of the public utilities system; • The typologies of public utility services for the management of which administrative COOPERATION IN ROMANIA units can collaborate; • The legal structures and instruments for the involvement of the private sector in interjurisdictional cooperation. The legislative framework is rather flexible and does not set prescriptive conditions (territorial scale, number of inhabitants, fields for cooperation etc.) which could limit interjurisdictional cooperation and the establishment and functioning of metropolitan areas However, the existing legal framework does not set clear aims, objectives and attributions of metropolitan structures, and the metropolitan level is not considered an administrative level by law. The association is voluntary and interjurisdictional cooperation can be identified at different, often overlapping territorial levels: • FUA/ metropolitan area (e.g. metropolitan IDAs), • County (single-purpose services and utilities IDAs, (waste management), • Regional/ subregional/ interregional (e.g. LAGs, microregions, single-purpose services and utilities IDAs, e.g. water and wastewater). In this context, established metropolitan IDAs are asking for a clearer status, that would improve their financial and organizational sustainability. In order to support interjurisdictional cooperation in urban areas, the establishment of metropolitan planning guidelines and articulation of the powers and functions of FUAs and metropolitan areas should be a priority. MODELS OF INTERJURISDICTIONAL COOPERATION IN ROMANIA 75 As mentioned above, the most commons interjurisdictional cooperation models in Romania are multipurpose and single-purpose IDAs, and program and project-based partnerships. Cooperation covers a diversity of fields and territorial levels, as follows: TABLE 2. Models of interjurisdictional cooperation in Romania ACTIVE TERRITORIAL COOPERATION COOPERATION MODELS IN BRIEF DESCRIPTION MODEL ROMANIA IDA for public transport management and provision Public transport IDA in several localities; the service provision delegation is regulated by law and EU regulation IDA developed at county or area level, regulated by Water and wastewater IDA national law Waste management IDA IDA developed at county level, regulated by national law SINGLE PURPOSE Intercommunal IDA between several localities for the joint management IDA for physical infrastructure entities and rehabilitation of transport infrastructure, public management lighting etc. Association between public and private partners (can include localities, county council, tour operators and Tourism association – potential other companies in the field, NGOs etc.). As the law on destination management organization DMOs is being finalized, the tourism associations have (DMO) the potential to evolve in DMOs, functioning in a more structured manner and in correspondence with the European framework. IDA consisting of one or more cities and the surrounding Metropolitan Area IDA rural localities and sometimes county council, established with the aim of integrated development Intercommunal association for IDA consisting of several localities (usually including MULTIPURPOSE cooperation and community communes and towns), established with the aim of joint Intercommunal development, sustainable development social and education services or development projects, entities etc. (IDA) environmental protection, international cooperation etc. IDA established based on historical/ tourist delineations, Microregional development association for the integrated development of a specific microregion 76 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS MODELS OF INTERJURISDICTIONAL COOPERATION IN ROMANIA 77 The federation is an active actor in the normative framework development on interjurisdictional ACTIVE TERRITORIAL COOPERATION and metropolitan cooperation and in capacity building in the field, supporting initiatives aimed COOPERATION MODELS IN BRIEF DESCRIPTION MODEL at increasing the role of metropolitan associations in regional development. For example, through ROMANIA the POLICENTRIC project (financed by the Operational Program for Development Administrative Association of public, private and NGO partners, with the Local action group (LAG) for rural aim to develop and implement an integrated participatory Capacity), an extensive analysis of metropolitan areas in Europe and Romania was conducted. development strategy for socio-economic development of rural areas; In the current programming period, the federation implements the METROPOLITAN project, implements the LEADER – CLLD approach supporting IDAs managing public transport – currently one of the main topics for intermunicipal Association of public, private and NGO partners, with the cooperation in Romania. PROGRAM-BASED aim to develop and implement an integrated participatory Fisheries Local Action Group (FLAG) PARTNERSHIP strategy in fisheries areas; implements the LEADER – CLLD approach TABLE 3. Active multi-municipal territorial cooperation agreements for the current 39 Article 7 municipalities Association of public, private and NGO partners, with the Local action group for urban aim to develop and implement an integrated participatory METROPOLITAN development strategy for socio-economic development in deprived PARTICIPATION IN OTHER TERRITORIAL MUNICIPALITY COOPERATION urban areas; implements the CLLD approach COOPERATION AGREEMENTS MODEL 36 PROJECT-BASED PARTNERSHIPS (e.g. · Public transport IDA covering part of the metropolitan Ad-hoc partnership agreements for project development territory37 cross-jurisdictional road development) · Urban LAG Alba Iulia IDA, 124,626 inhabitants · Waste management IDA (county level) · County/ area IDA for water and wastewater Identification of active multi- Alexandria - · Waste management IDA (county level) municipal territorial cooperation · County/ area IDA for water and wastewater · Public transport IDA covering Arad and 2 communes (Ghioroc and Săvârșin) agreements for the current Arad - · Waste management IDA (county level) 39 Article 7 municipalities · · County/ area IDA for water and wastewater Urban LAG IDA, 241,619 inhabitants, Bacău · Waste management IDA (county level) In the current programming period, the county seats in Romania (excluding Tulcea, which is FZMAUR member included in the Danube Delta ITI) were subject to integrated urban development in the sense of · County/ area IDA for water and wastewater Article 7 ERDF. While more than half of the cities (see the table below) are involved in metropolitan · Delegation of the local public transport management cooperation in the form of IDAs, only the seven growth poles (highlighted in blue) developed by the metropolitan IDA to a private metropolitan integrated urban development strategies at the metropolitan level. A possible explanation would provider38 IDA, 215,932 inhabitants, be that the obligation to elaborate urban development strategies and urban mobility plans was Baia Mare · Urban LAG FZMAUR member imposed only for the growth poles at the metropolitan area level, as a condition for obtaining the · Waste management IDA (county level) financing from the ROP 2014-2020. The development poles (highlighted in light blue) show less involvement in metropolitan cooperation and other territorial cooperation agreements. · County/ area IDA for water and wastewater · Waste management IDA (county level) Metropolitan cooperation in Romania is supported by the Federation of the Metropolitan Bistrița - · County/ area IDA for water and wastewater Areas in Romania (FZMAUR), a non-governmental organization established with the aim of representing its members in relation with the central public authorities as well as in relations · Urban LAG with international bodies or institutions. FZMAUR’s mission is to contribute to the polycentric IDA, 143,193 inhabitants, Botoșani · Waste management IDA (county level) FZMAUR member development of Romania through its active involvement in the process of achieving territorial, · County/ area IDA for water and wastewater social, and economic cohesion at existing metropolitan areas and urban agglomerations. The federation currently includes 14 members,35 including all seven growth poles and Bucharest metropolitan area. 36 Population according to the Population and Housing Census, 2011 37 http://www.stpalba.ro/index.php 35 http://fzmaur.ro/wordpress/ 38 http://www.zmbm.ro/servicii-publice/transport-public-local-1.html 78 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS MODELS OF INTERJURISDICTIONAL COOPERATION IN ROMANIA 79 METROPOLITAN METROPOLITAN PARTICIPATION IN OTHER TERRITORIAL PARTICIPATION IN OTHER TERRITORIAL MUNICIPALITY COOPERATION MUNICIPALITY COOPERATION COOPERATION AGREEMENTS COOPERATION AGREEMENTS MODEL MODEL · Waste management IDA (county level) IDA, growth pole, 403,572 · Waste management IDA (county level) Brăila - Iași inhabitants, FZMAUR · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater member · Public transport IDA covering the metropolitan territory · Waste management IDA (county level) IDA, growth pole, 410,808 Miercurea Ciuc - Brașov inhabitants, FZMAUR · Waste management IDA (county level) · County/ area IDA for water and wastewater member · County/ area IDA for water and wastewater · Public transport IDA covering Oradea, Borș and Sînmartin41 · Public transport IDA covering Buzau and 2 communes IDA, 245,537 inhabitants, Oradea (Mărăcineni and Sapoca)39 FZMAUR member · Waste management IDA (county level) Buzău - · Waste management IDA (county level) · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater · Public transport IDA42 covering Piatra Neamț, Roznov, Alexandru cel Bun, Dumbrava Roșie, Săvinești, Gîrcina · Waste management IDA (county level) Călărași - Piatra Neamț · Waste management IDA (county level) · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater · Public transport IDA covering part of the metropolitan IDA, growth pole, 418,153 territory40 · Waste management IDA (county level) Cluj-Napoca inhabitants, FZMAUR Pitești IDA, 206,082 inhabitants · Waste management IDA (county level) · County/ area IDA for water and wastewater member · County/ area IDA for water and wastewater · Urban LAG IDA, growth pole, 336,203 IDA, growth pole, 434,265 · Waste management IDA (county level) Ploiești · Waste management IDA (county level) inhabitants Constanța inhabitants, FZMAUR · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater member IDA, 167,455 inhabitants, · Waste management IDA (county level) IDA, growth pole, 356,544 · Waste management IDA (county level) Râmnicu Vâlcea Craiova inhabitants, FZMAUR FZMAUR member · County/ area IDA for water and wastewater member · County/ area IDA for water and wastewater · Urban LAG · Waste management IDA (county level) Reșița IDA, 100,957 inhabitants · Waste management IDA (county level) Deva IDA, 149,198 inhabitants · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater · Waste management IDA (county level) · Waste management IDA (county level) Drobeta Turnu-Severin - IDA, 217,403 inhabitants, · County/ area IDA for water and wastewater Satu-Mare FZMAUR member · County/ area IDA for water and wastewater · Public transport IDA covering Focșani and its · Urban LAG surrounding communes (Goleşti, Câmpineanca, Vînători, Răstoaca, Milcovul) Sfântu Gheorghe - · Waste management IDA (county level) Focșani - · Urban LAG · County/ area IDA for water and wastewater · Waste management IDA (county level) · Waste management IDA (county level) Sibiu - · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater · Urban LAG · Waste management IDA (county level) Slatina - Galați - · Waste management IDA (county level) · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater · Urban LAG Slobozia - · Waste management IDA (county level) · Urban LAG · County/ area IDA for water and wastewater Giurgiu - · Waste management IDA (county level) · Waste management IDA (county level) Suceava IDA, 167,095 inhabitants · County/ area IDA for water and wastewater · County/ area IDA for water and wastewater 39 http://www.adibuzaumaracineni.com.ro/ 41 https://www.transregio.ro/retea-transport/programul-de-transport 40 http://www.amtpcluj.ro/ 42 http://www.adiurbtrans.ro/ 80 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS METROPOLITAN PARTICIPATION IN OTHER TERRITORIAL MUNICIPALITY COOPERATION COOPERATION AGREEMENTS MODEL · Urban LAG Târgoviște - · Waste management IDA (county level) · County/ area IDA for water and wastewater · Waste management IDA (county level) Târgu Jiu - · County/ area IDA for water and wastewater · Urban LAG Metropolitan association, Târgu Mureș 204,158 inhabitants, · Waste management IDA (county level) EXAMPLES OF FZMAUR member · County/ area IDA for water and wastewater INTERJURISDICTIONAL · Timișoara Public Transport Company provides public transport to the metropolitan area IDA, growth pole, 387,604 · Urban LAG COOPERATION IN URBAN Timișoara inhabitants, FZMAUR member · Waste management IDA (county level) AREAS IN ROMANIA · County/ area IDA for water and wastewater · Waste management IDA (county level) Vaslui IDA, 86,943 inhabitants · County/ area IDA for water and wastewater · Waste management IDA (county level) Zalău IDA, 133,044 inhabitants · County/ area IDA for water and wastewater Key: growth poles development poles Aside from the seven Article 39 municipalities, Bucharest, and Tulcea are also involved in interjurisdictional cooperation structures. Tulcea has had a special status in the 2014-2020 programming period, being included in the Danube Delta ITI, the only ITI in Romania. Bucharest is part of Bucharest Metropolitan Area IDA,43 covering Bucharest municipality and Ilfov county. Bucharest is also in the process of implementing the Sustainable Mobility Plan, including the metropolitan public transport system. For a full list of the officially established metropolitan IDAs in Romania, please see Annex 1. 43 https://www.adizmb.ro/ EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 83 Oradea Metropolitan Area As an Intercommunal Development Association (IDA) of private legal entity and public utility, the Oradea Metropolitan Area (OMA / ZMO) took advantage of the correlation between ordinance number 26/2000 on associations and foundations and the stipulations of local public administration law 215/2001, which recognize metropolitan areas as being of public interest. Law number 273/2006 on local public finances also enables financial cooperation on projects of public interest and for projects involving several administrative/territorial structures. The OMA was created in 2005 through the association of Oradea with the Territorial Administrative Units (TAUs) located in its proximity, namely: Biharia, Borș, Cetariu, Girişu de Criş, Ineu, Nojorid, Oşorhei, Paleu, Toboliu, Sînmartin, and Sîntandrei. The purpose of the association is to: Stimulate and support the increase of the prosperity of the metropolitan territory, respectively the raising of the citizens’ well-being, the direction being the continuous increase of the quality of life. The concept of sustainable development of the metropolitan territory is marked in the context of the future formation of a common urban area of the members, aiming at the implementation of all the principles necessary for ensuring territorial cohesion. The main activity directions of the association include elements related to the promotion of a coherent strategy of sustainable development, the implementation of public policies to facilitate and support direct investments, the development of projects with a major impact on the sustainability of the area. The main activities of the association are: • Elaboration, maintenance and implementation of a coherent strategic concept of economic development of the Metropolitan Area; • Promoting the economic development strategy of the metropolitan area and realizing its marketing in relation with the investors; • Developing projects of interest to the metropolitan area; • Obtaining grants for financing and elaborating technical and economic documentation for the Development of the area; • Elaboration the Metropolitan Spatial Plan of the Oradea metropolitan area based on the General Urban Plan of each administrative-territorial unit of the Zone; 84 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 85 • Elaboration of the Oradea metropolitan area, masterplan, based on the management 4. Efficient and integrated metropolitan area level planning plans of each member administrative unit; Unlike single-TAU infrastructure projects, those assumed by the OMA focus on • Attracting direct foreign and domestic investment for the metropolitan area; integrated planning to ensure labor mobility, avoid congestion, and preserve and • Promoting and supporting the small and medium business sector, including facilitating attract human resources in the area. Thus, in the case of road construction projects access finance from capital markets or international funds; and within the OMA, they are built on a plan that includes sidewalks, bicycle tracks, as well as lighting, and bus stops so that they have multiple uses and respond to diversified • Any other activities relevant to the development of the Oradea metropolitan area. mobility needs. Metropolitan areas are confronted with common problems, such as, economic change, social inclusion, rapid and uncontrolled urban expansion, traffic congestion, environmental damage, and pollution - whose impact exceeds administrative boundaries. In these instances, addressing these IDA in the context of attracting EU funds and potentially at a metropolitan scale is recommended as a way of streamlining both procedural steps and using the ITI tool for 2021-2027 aligning projects with a coherent multi-sectoral strategy that integrates the development needs In the context of pre-accession funds, there was a preoccupation with urban infrastructure works of TAU members. Some of the activities undertaken by the OMA and lessons therefrom can be in the Oradea metropolitan area. Other areas targeted during this period were waste management. scaled up and replicated by any intercommunal development association aiming for metropolitan development. After joining the EU and the designation of the national growth poles in 2008 (the municipalities of Braşov, Cluj-Napoca, Constanța, Craiova, Iaşi, Ploieşti, and Timişoara), investments were made from programs with national community funding with priority in these cities. One of the national Benefits of metropolitan coordination action lines during the 2007-2013 programming period was the creation of regional operators for public services (state-owned or public-private partnerships). Some of the benefits and gains enabled by metropolitan coordination in Oradea, include: For the 2014-2020 programming period, OMA aimed to become an eligible actor for dedicated 1. Multi-jurisdictional impact funds / priority axis for metropolitan development. Thus, one of the priorities was the creation of A first benefit of this form of association relates to the multi-jurisdictional impact programmatic development documents at the metropolitan level. In the context of the preparation of certain projects such as those in the public service sector (water supply, sewerage of the new 2014-2020 programming period, the Federation of Metropolitan Areas and Urban and sewage treatment, storm water collection, sewerage and drainage, district heating, Agglomerations in Romania (FZMAUR) included the following recommendations: sanitation of localities, and public passenger transport - especially in cities with many Granting eligibility for the Regional Operational Program and Sectoral Operational commuters - at OMA level). Programs and for the metropolitan areas established at the level of the 13 urban development poles, in a context in which the 13 urban development poles, namely 2. Concrete results in shorter time Arad, Baia Mare, Bacau, Brăila, Galaţi, Deva, Oradea, Piteşti, Râmnicu-Vâlcea, As an IDA, OMA operates based on public procurement legislation (similar to public Satu Mare, Sibiu, Suceava, Târgu-Mureş have similar functions in accelerating authorities) but has a higher degree of specialization with a selected area of activity and the process of urbanization, economic concentration and connection of different a lower bureaucratic burden. Thus, OMA is defined as an entity that complements public labor pools, contributing fully to the polycentric development of Romania. In this management, that can exercise a more flexible approach. respect, we recall that during the 2007-2013 programming period, only the 7 growth poles (Brașov, Cluj-Napoca, Constanța, Craiova, Iași, Ploiești, Timișoara) 3. Delegation of own attributions and budget could develop projects with a metropolitan impact through Axis 1 of the Regional The OMA budget has contributions and membership fees as income sources and Operational Program, while the urban development poles were totally excluded also allows maintenance costs or its use for unforeseen urgent needs. Even if some from the development of such projects with a metropolitan impact, since the communities apply and earn funds for certain investments, they need a percentage of interventions financed under Axis 1 of the ROP could only take place in their co-financing and cash flow, as well as expertise from the OMA and the county seat. “The intra-urban area. contribution of the new members to the patrimony of the association reflects a value We also believe that the Integrated Urban Development Plans (Axis 1, ROP) need contribution in relation to the population of the member administrative- territorial units, to be transformed into Integrated Metropolitan Development Plans so that there being in the amount of 0.1 Lei per inhabitant.” is a concrete allocation for the 20 metropolitan areas established at the level of the 13 urban development poles, respectively the 7 poles of growth, according to . In order to implement an intercommunal project, the communes involved may delegate the G.D. 998/2008. the OMA to carry out the investment in its own name, with an additional contribution. Besides member contributions, there is also the possibility of agreements between Another recommendation for the application of Integrated Territorial Investments was “to individual TAUs and OMA through which they can delegate additional responsibilities to consider, in the 2014-2020 programming process, the Governmental Decision 998/2008 for the the IDA, where there is the necessary expertise and capability. designation of growth poles and urban development poles so that all thirteen urban development 86 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 87 poles can be eligible beneficiaries of these instruments.” In the 2014-2020 programming period, mandate the institution of the county council exclusively (e.g. public lighting, the forest fund, planning at the level of the growth poles was set to be achieved through integrated urban natural protected areas, and operation with natural gas). For other areas, depending on the development strategies (SIDU). However, the financing of interventions for Axis 4 - Sustainable capacity, expertise and prioritization at the metropolitan level, OMA has assumed the required Urban Development for urban development poles was directed to polarizing urban centers, so the attributions and created the entities needed to implement projects. funds were mainly used for the centers, and less for metropolitan areas (perhaps as a consequence of the fact that development poles were able to choose the option to develop strategies only at Metropolitan transport the level of the respective municipality). Even before the delegation of transport at the metropolitan or county level was clearly regulated, As a result, the European funds under the ROP Axis 4 - Sustainable Urban Development were used a successful pilot project had been implemented, which offered the conditions for extension of for Oradea Municipality, but were not enough for the development of the metropolitan corridor, metropolitan transport across the whole area. although the mobility plan included this area. In this context, the first projects at the metropolitan level, such as cross-border programs (bicycle tracks, cross-border / interregional transport) were The Transregio Intercommunal Development Association, composed of Oradea and two other financed from local funds. The aim was to lay the foundations for metropolitan development, with neighboring communes, was created in 2012 and allowed integrated metropolitan transport to existing financing programs covering technical documentation and preparatory studies. be operated by the local transport company of Oradea. The association was established with the purpose of “setting up, organizing, regulating, operating, monitoring and joint management of the For the forthcoming budgeting exercise, the OMA presents itself as a functional metropolitan public transport service within the competence of the member administrative-territorial units, area with relevant experience and can represent an eligible entity to attract funds to support its as well as for the joint realization of public investment projects of regional interest or regional development, either through a supplementary point for meeting the conditions of a functioning development, for upgrading and / or developing, as the case may be, of the public utilities related metropolitan IDA, or through a dedicated axis. This is enabled, in part, by the existence of a to the Service. “ portfolio of projects and integrated planning documents. Currently, the transport operator (OTL) provides services to the Borș and Sânmartin municipalities, In the case of emerging or relatively recently established metropolitan areas, a fund dedicated and until 2023, after the expiry of the contracts with the private operators, it is envisaged to to project preparation (technical documentation, studies, etc.) can be a viable option so that extend its coverage to all OMA member municipalities wishing to join. This pilot project implied intercommunal projects around urban centers, including urban development poles, are carried out the introduction of integrated ticketing for the three localities, including a preferential offer for in a sustained way, adapted to the functional capacity and the existing expertise. public transport in Oradea. Internalization of technical apparatus Examples of multi-jurisdictional cooperation in the Oradea Metropolitan Area The internalization of services, as much as possible, is a definitory policy of the OMA. The development strategy and the mobility plan are created and updated by an internal team. OMA as an umbrella association for specialized IDAs External expertise has been avoided to ensure operational continuity within the ADI, while saving on current expenses (including salaries), which are covered through EU funding, internalization also avoids risks associated with outsourcing. In this context, OMA acts as a Management For the Oradea Metropolitan Area, the first step in terms of activities assumed was a focus Authority, which selects projects following a technical analysis and scoring. OMA also provides on basic infrastructure and public utilities – i.e. the water and waste-water sector. In 2006, technical support to member TUAs, such as free consultancy expertise in writing project scope development was regulated by regional operators, as companies falling under the companies law and preparation of funding applications. number 31/1990, with integral social capital of some or all of the TAUs belonging to an IDA. Given this and the fact that the Oradea metropolitan area had already been created a year before, the OMA took steps to allow the beneficiary of the regional operator service provider to be a specific Exchange of expertise between OMA members technical department within the IDA, so that there should be no need to create a separate entity OMA members have an expertise sharing protocol, in terms of which, any specialized capacity for the monitoring and regulation of the activity for the water-sewerage sector. owned by one, may be accessed by other members. This sharing includes, for instance, mandating This was not achieved at the time, however, such that different IDAs were created. These IDAs the capacitated OMA to both prepare and implement investments. are operated, staffed and controlled by the OMA umbrella association. This arrangement was further complicated by a requirement that the monitoring of public service operators should be Active role in assuming attributions and forming partnerships centralized into a form of territorial association. Even in the absence of dedicated legislation on metropolitan areas, there was a proactive dynamic at the level of the OMA to assume the attributes enabled by the existing legislation, by creating For the Oradea metropolitan area, the most important sector in the first phase was basic forms of partnership and association. The aim of these steps was to overcome the status of a infrastructure - public utilities, especially water-sewerage sector, followed by metropolitan simple communication or planning platform, and to have the possibility of active involvement in transport. There are also some exceptions for which, according to the law, it is necessary to the implementation of inter-community projects. 88 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 89 The main directions for achieving this goal were to provide institutional capacity to member Cross-border cooperation TAUs, as well as technical assistance in project development, preparation of feasibility studies OMA has been actively seeking additional attributions at metropolitan area level in a cross-border to justify different investments and the extension of public water and sewerage services, waste context due to its geographic positioning. Through the development of the Romania-Hungary collection, and transport in order to maximize the benefits of the neighborhoods within Oradea. Cross-Border Cooperation Program into a European Territorial Cooperation Entity, OMA can assume a Managing Authority role to manage the funding available in the cross-border area. An In this context, OMA managed to make investments in road infrastructure, providing some of the example of such cross-border cooperation is the BIO - REN Renewable Resources Center in Oşorhei few examples of assuming public investment through an ADI that actually operates on the basis project. The investment for the realization of a Renewable Resources Center in Oşorhei commune of Government Decision 26 /2000. is the result of a cross-border project initiated in 2011 under the Operational Program for Cross- Border Cooperation Hungary-Romania 2007-2013 by the Intercommunal Development Association The Law 273 / 2006 on local public finances allows the association between TAUs to implement Oradea Metropolitan Area, in partnership with Oşorhei Commune City Hall, in collaboration with common investments. The act allows them to mandate the OMA for both the design and the Teglas City Hall (Hungary) and the Hajdu-Bihar Business and Labor Association. execution of investments of common public interest. One such example is the realization of the connecting road Oradea - Sântandrei, by signing a contract for the assignment of the right to As a result of the project, in 2014, the center was inaugurated, providing space and specific obtain the construction authorization for a metropolitan connecting road. infrastructure for renewable energy companies and aiming to promote this sector and develop the adjacent economic sectors. Also, the BIO - REN center, hosts conferences, seminars, Assignment of the right to obtain the construction authorization for a metropolitan road - presentations, fairs, and exhibitions on topics related to renewable technologies. The success of The assignment contract referred to the design and construction of a connecting road measuring this partnership project is an example of good practice for inter-communal, cross-border, and 3,499.90m in length signed between the Oradea municipality and the Sântandrei commune as interinstitutional collaboration within an IDA for metropolitan development of general interest. cedants and the Oradea metropolitan area as an assignee in order to carry out public procurement procedure for the road design and construction works in the name and on behalf of the members. Through this form of assignment, the public procurement process involved a single procedure, Use of legislation to streamline existing resources avoiding the risk of fragmentation and the partial realization of the project. Given that reimbursable funding to ensure pre-financing and / or co-financing of projects receiving European non-reimbursable funds is exempted from the calculation of the indebtedness The assignment contract was concluded under Art. 1566-1586 of the Civil Code, subject to the rate of up to 30%, there has been a permanent correlation of the credits assumed with European following conditions: funding. Ineligible expenditure under European projects may be covered by credits, without this affecting the degree of indebtedness defined in decision number 665 of June 29, 2011. Thus, the Art. 1. The Municipality of Oradea and the Sântandrei Commune, as the OMA attempted to connect ineligible expenses with the investment objectives that are being concessionaires, submit to the Intercommunity Development Association financed by European funds. Oradea Metropolitan Area, as an assignee, the right to obtain the construction authorization, based on the Law 50/1991 regarding the authorization of the Application for funding with projects already in progress execution of construction works, republished and updated for the objective of investments of local public interest regarding the design and execution of the OMA has encouraged member TAUs to apply for European funding with ongoing and initiated construction of the connecting road between Oradea (Cazaban) and Sântandrei projects rather than new investment proposals. While there are some risks with this approach, (Rîturii) road, in the public domain of Oradea City Hall and Sântandrei commune, it has also improved application success as it presents well prepared projects for consideration. according to the areas and identifications by the existing cadastral numbers for each ATU listed in Annex 1. Linking development with relevant, validated data Art. 2. The present contract of assignment of the right to obtain Construction As some necessary statistical indicators were available only at national level, the OMA built Authorization is free of charge. capacity on Statistical Office and developed a database through collaboration with the National Institute of Statistics so that there is a documented knowledge of labor force dynamics, These actions had, as their primary motivation, the premise that in order to be eligible for priorities for investors, mobility needs, education and market requirements, specifically for subnational funding, IDA metropolitan areas must demonstrate that they have the capacity to the metropolitan level. This information and data have been used to compile credible strategic carry out financing on their own behalf and on behalf of the members, with a technical-operational metropolitan development planning documents. apparatus formed, to comply with European regulations, and to direct the implementation of a The preparation of an investment proposal emanates from these planning documents and is portfolio of projects with European funding. done in a well-considered manner, by analyzing the opportunity based on statistical data, using geographic information system (GIS) infrastructure. This process involves use of topographic drones, thus avoiding a theoretical appreciation of the project’s feasibility. Subsequently, the project is also monitored through this specific equipment. 90 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 91 IDA in the context of financial instruments: The OMA Fund 2. The urban sprawl phenomenon - Trends related to residential development at the level of the surrounding areas around the city center are also relevant in the case of Oradea. The OMA Fund was established through a partnership agreement aimed at “stimulating the These have led to the urbanization of surrounding peri-urban areas without providing the socio-economic development of the Oradea Metropolitan Area by supporting investments that necessary services. contribute to the improvement of the quality of basic public infrastructure and services at the level of the associated localities.” This agreement consists of granting a reimbursable financial 3. Financial capacity for additional spending in the local budget - In order to implement support of up to 100,000 euros in the form of an interest-free loan / financial aid, for a maximum projects within the OMA, member TAUs as well as the core city must provide additional of four months by the OMA to the TAU selected by a vote of the counsel of directors of the resources, which can limit the implementation of intercommunal projects and require effective prioritization. association. The amount may only be used for the purpose set out in the grant application. Examples include feasibility studies / technical projects, project co-financing, cash flow for 4. TAU’s refusal to make joint investments - Within the OMA, there were situations reimbursements, completion of the necessary financing to complete a project / investment, where although the projects were initially assumed firmly, due to political factors or the purchase of goods / equipment, etc. refusal of the inhabitants, they could not be implemented. These situations occurred in the Sânmartin commune (where despite the existence of documentation for a cycling In order to benefit from this loan, the TAUs must submit an application for the investment track linking Oradea to the Felix resort, the project was dropped from the commune’s for which they wish to obtain the co-financing / financial support, i.e. to express their firm priority list). Another example is Biharia, where the extension project of the regional commitment to complete investments already in progress. The financial support is granted to water-sewerage operator has generated protests. The protests related predominantly to members under the following conditions: an anticipated increase in final costs, attributed to increased quality standards. Although the European funding for this project was already in progress, the new composition of • Within the limit of the Fund allocated by the counsel of directors; the local council has refused to implement it. • In the order of the requests submitted and based on the vote of the counsel of directors; • Only to members who have paid their contribution up to date (at the time of filing the application for financial support); Iași Metropolitan Area • For a maximum of four months, only once per calendar year per member; Iași metropolitan area (IMA) is the first metropolitan area in Romania and was officially • The amount is returned in RON, by transfer, before the due date; established in April 2004, bringing together Iași Municipality, Iași County Council and 13 localities around Iași: Aroneanu, Bîrnova, Ciurea, Holboca, Lețcani, Miroslava, Popricani, Rediu, Schitu Duca, • Failure to pay the loan at the due date results in sanctions imposed by the OMA counsel Tomești, Ungheni, Valea Lupului, Victoria. Five other communes (Prisăcani, Comarna, Movileni, of directors (interest, exclusion etc.). Țuțora, Golești) were given observer status in 2008 by Metropolitan Council Decision, in the first enlargement stage of IMA. In 2016, Dobrovăț, a commune with touristic potential, also joined Loans from the OMA Fund are accessed based on an individual partnership agreement. In order the IMA, in order to be included in the integrated urban development strategy that was being to ensure efficient distribution of the financial burden for member TAUs, implementation and elaborated at metropolitan level. non-reimbursable projects are planned to overlap with the repayment period of the loan accessed through the OMA Fund. IMA is an intercommunal development association (IDA) and was founded under the Law 350/2001 on Territorial Planning and Urbanism, Law 351/2001 on the approval of the National Under this Fund, in addition to four-month loans, there is also a form of financial support granted Territory Planning Plan, and Ordinance 53/2002 on the Framework Statute of the Territorial through the counsel of directors’ vote, in case of stringent needs of the associated members, Unit. IMA is led by a metropolitan council (MC), consisting of representatives delegated by the from the reserves accumulated from members’ contributions. local councils and Iași county council. Each of the partner administrative territorial units has one representative entitled to vote in the MC. The president of the association is an institutional position held by the Mayor of Iași on behalf of the Municipality. One of the vice presidents is the Risks and constraints hampering interjurisdictional cooperation president of the county council and the other is one of the mayors of the member communes. The Metropolitan Council established the Metropolitan Development Agency as the executive 1. Opportunistic approach depending on funding availability - One of the main risks body of the IDA, to manage the necessary activities for planning, implementing, monitoring identified in the IDA Oradea Metropolitan Area is that member TAUs are conditioned by and promoting metropolitan development projects, drafting funding applications and conducting the available sources of funding, not the real needs and the real opportunity cost. The current administrative work. motivation of a project is often linked strictly to the availability of certain funds and eligibility, without a correlation with existing or already implemented projects. 92 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 93 The establishment of IMA was fueled by the GRASP program (Governance Reform and Today, IMA undertakes the necessary activities for the planning, implementation, monitoring, Sustainable Partnerships), funded by the United States Agency for International Development and promotion of metropolitan development projects, as well as writing project proposals for (USAID) and implemented between May 2003 and November 2004. The program provided accessing funding from different sources. Also, IMA prepares the necessary steps and documents expertise on metropolitan cooperation and territorial development and fostered partnerships to be submitted to the local council, in order to be analyzed and approved for the establishment and knowledge exchanges between decision makers and specialists from the local and central of the urban authority for metropolitan transport. public administration, public services, business sector, academic sector, and non-governmental organizations, in order to harmonize development processes and strengthen the competitive advantages of the Iaşi urban agglomeration. Benefits of metropolitan coordination Therefore, the IMA was established based on a set of common goals and on the local authorities’ 1. Integrated multijurisdictional planning – from its early beginning, IMA has had an desire for a joint approach on urban and metropolitan development. The following fields for important role in metropolitan planning and over the years it has developed its technical interjurisdictional cooperation were targeted by the IMA: land use and management, improvement and planning capacity. Within the GRASP program, the metropolitan partners developed of housing quality, infrastructure and utilities development, development and diversification of and approved the Development Concept, later implemented and monitored by the public services, local economic development, environmental management. IDA. Following Romania’s accession to the EU, the 2007-2013 programming period brought the integrated urban development approach, and the IMA was in charge of the The strategic development objectives set by the metropolitan partners include: development of the Integrated Plan for the Development of Iasi Growth Pole (PIDPC). For this goal, IMA was assisted and supported by the dedicated Growth Pole Coordinator • Redefining and strengthening the role of the metropolitan TAUs in the region in the structure, constituted inside the North East Regional Development Agency (RDA). The medium and long term, as a strong and significant regional and national development plan included projects both in Iasi and in the surrounding metropolitan territory and center at the future eastern border of the European Union44; was the basis for attracting EU funding for economic competitiveness, connectivity and accessibility, social and educational services, heritage, and the environment. In the • Balancing and increasing the pace of economic development for each of the 2014-2020 programming period, IMA was involved in the development of the Integrated metropolitan partners; Urban Development Strategy (SIDU) for Iasi Metropolitan Area and of the Sustainable • Harmonious and coherent development of metropolitan TAUs and communities; Mobility Plan (SUMP) covering the same territory, ensuring the metropolitan partners’ participation during the two processes, as well as the coordination between the two • Developing the cultural identity of member communities; documents and other existing local strategies and plans. During this programming period, it was also provided with support and assistance from the North East RDA, through the • Developing the accessibility and integrated equipping of the metropolitan localities structure dedicated to urban development. This kind of approach was established for all (roads, water supply, sewage, telephone, etc.) and ensuring the accessibility of IMA to regions, through delegation accord between the Managing Authority (MA) and the RDAs. the rest of the country and across the border; ensuring efficient and competitive public IMA was also involved in sectoral planning, contributing in 2017-2018 to the Iasi Tourism services throughout the metropolitan area; Strategy, a document which also covers the entire metropolitan territory. • Improving the performance of metropolitan public administrations; 2. Integrated projects’ monitoring and data collection – during the previous and current • Improving the living conditions of metropolitan communities; programing periods, the IMA has served as a metropolitan knowledge center in terms • Increasing the partners’ access to resources (including government funds, pre-accession of the EU-funded projects in the area. The IDA has been monitoring PIDPC 2007-2013 and now SIDU & PMUD and has been in constant dialogue with the Iași municipality, the and other international funds) through collaborative requests and projects; North East Development Agency and the Ministry of Regional Development and Public • Establishing national and international partnerships to benefit all IMA members. Administration. IMA also collected project portfolios of the metropolitan communes and is the main contact point for data collection when it comes to the metropolitan area, The main tasks of the executive body of the IDA (the Metropolitan Development Agency) consist of: having the ability to mediate the communication with the relevant stakeholders. • Preparing and organizing the meetings of the IDA; a. The existing centralized information at the metropolitan level could be harnessed for • Updating and monitoring the implementation of the metropolitan strategic documents; the development of an intelligent metropolitan system allowing for evidence-based policy making, integration of databases and investment attraction. • Project management (including citizens’ engagement); 3. Extending utilities networks towards the metropolitan localities – utilities (water, • Attracting resources for development; sewage, waste management, etc.) have been developed and extended within the • Consulting and training for the IMA members; and metropolitan territory according to a joint plan over the last years. The expansions considered both residential and economic/ commercial needs, equipping plots for • Marketing activities. investment attraction. The interjurisdictional cooperation on utilities’ provision and development is implemented through single-purpose IDAs at the county or regional level 44 IMA was established before Romania’s accession to the EU and covering the IMA territory. 94 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 95 4. Increased capacity for attracting funding and portfolio diversification – IMA has The ROP Priority Axis 1, DMI 1.1. on integrated urban development, monitored by IMA IDA, provided an NGO status; therefore, it is eligible for a diversity of funding programs (the Human over 100 million euros to the Iași metropolitan localities, especially Iași municipality. The main Resources Operational Program, the Administrative Capacity Operational Program, allocation covered transport infrastructure, which supported the continuation of the efforts to the Romania – Moldova Cross border Cooperation Program etc.). In this context, the equip both Iasi city and the metropolitan territory. The IDA’s development and legitimacy were IDA has been implementing several projects with metropolitan impact, in addition to fostered by its role in planning and attracting EU funding, IMA playing a coordinating role in those implemented by its members, covering areas such as: trainings for the public strategic planning and projects’ development and monitoring. In this context, the IDA enlarged administrations, human resources development in rural areas, strategic, and territorial its team, organized in two offices – the project management office (project management experts planning. However, as its team decreased over the last years, the capacity for project led by the head of office) and the functional services office (financial and acquisitions, territorial development and implementation also decreased. planning and development strategies, and database and administrative assistance, led by the 5. Technical and administrative capacity – IMA has contributed to the technical and head of office). This allowed IDA to undertake several actions and functions: administrative capacity development of its members both directly, through its projects providing training to the metropolitan TAU’s staff, and indirectly, through the information • The development of PIDPC, sessions, meetings, consultations, and knowledge exchanges it organized. Also, by taking • Involvement in the preparation of the project proposals for the projects in the PIDPC responsibility for centralized communication and metropolitan strategic planning, the portfolio, IMA ensured participation of its members, and the quality of process and of the end results. As a result of a metropolitan development process that has lasted for over • Monitoring and updating PIDPC, according to the metropolitan council’s decision, 15 years, the IDA has a core team that ensures institutional memory, coherence, and • Vertical cooperation with the relevant authorities for the implementation of ROP projects technical expertise. included in PIDPC - the growth pole coordinator and the intermediate body, both from 6. Priority funding for projects included in the metropolitan-level planning documents the North East Regional Development Agency and management authority (the Ministry – while it is not a benefit of metropolitan cooperation per se, awarding extra points of Regional Development), for projects applying for funding from the operational programs, if they were included • The development of project proposals and grant applications (others than ROP) and in the integrated metropolitan strategy, fostered the cooperation of the metropolitan participation in projects as partner/ lead partner – mainly targeting projects for TAUs in the planning phase. However, in some cases the cooperation was limited, with increasing the administrative and technical capacity in the IMA and socio-economic metropolitan partners only asking for their projects to be included in the metropolitan development, portfolio. At the same time, it was preferred that the whole financial allocation from ROP 2007-2014 should be oriented to a municipality-one single project being developed • Online and offline promotion of IMA, including a biannual newsletter - “Metropolitan Iasi”. in partnership with the county. During the current programming period, IMA was involved in: IMA in the context of Romania’s pre-accession period and • National, regional, and county planning processes, by providing feedback on the planning the 2007-2013 and 2014-2020 programming periods documents. IMA promoted the need for a metropolitan approach and continuity about the growth pole approach initiated in 2008, Iași is the most important center at Romania’s (and later EU) eastern border, yet it is part of one of the poorest and less-developed regions of the country. Following the establishment of the • Developing studies and collecting data on the situation of the territory, to support the metropolitan area and the metropolitan development program supported by GRASP, in 2004- update/ elaboration of the planning documents for 2014-2020, 2005 IMA attracted over 160 billion lei from the Government for metropolitan planning and basic • Coordination and contribution to the metropolitan planning documents (SIDU, PMUD), infrastructure (water, gas, roads), based on the Capital Investments Matrix45. The IDA had the mission to coordinate the implementation of the Metropolitan Strategic Concept and the team • The development of project proposals and grant applications and participation in benefitted from training and capacity development. projects as lead partner or partner, • Online and offline promotion of IMA. In 2008, Iași was designated one of the seven national growth poles to benefit from priority to investments from community and national funding programs based on the integrated urban In 2018, the IMA was also appointed the technical secretariat of the Iași Urban Authority (UA),46 development plans, as mentioned in government decision number 998 /2008. This increased the being assigned the following tasks, according to the UA regulation of organization and functioning: stake for metropolitan planning in IMA. • Receives, records and distributes correspondence, In the 2007-2013 programming period, the metropolitan territory developed mainly thanks to the attracted European funds. 46 The body charged with the projects’ prioritization for the eligible projects to be funded from ROP 2014-2020, PA 4 (sustaina- 45 Vrabete, Mihaela. 2004. Iasi Metropolitan Area Case Study. GRASP ble urban development), the priority axis dedicated to the county seats 96 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 97 • Forwards documents in due time to other institutions, Socio-economic development • Systematizes, classifies and archives documents so that it can effectively provide any Ensuring a balanced development of the metropolitan territory and supporting the socio-economic required information, development of the rural areas were addressed through the DECoR DRU project - The Economic • Provides logistical support for the organization of working meetings, Development of the Rural Community through Human Resources Development (2014-2015). The project was funded by the Sectoral Operational Program Human Resources Development and • Multiplies the necessary documents for the activity of the urban authority, included two main components: • Draws up and keeps in good condition the entry-exit register of daily correspondence, • Development of the strategy for economic development and competitiveness in the • Draws up and maintains in good conditions the register of entries in the project fiches, strategic fields for the rural areas of the IMA, • Archives documents related to the activities, in accordance with relevant national and European legislation. • Providing vocational training and support programs for employment in non-agricultural fields and promoting the occupational, sectoral, and geographical mobility of rural labor Due to a staff shortage in the last three years, the capacity of the IDA decreased, with direct force from the IMA. effects on the development and implementation of own projects and initiatives – for example, the bi-annual newsletter was put on hold starting in 2017. The project addressed the improvement of the quality of human resources in the rural area of the IMA through qualification, information, and counseling in order to facilitate access to non- A shortcoming of the 2014-2020 programming period has been the limited availability of funding agricultural employment in correlation with the requirements of the local and regional labor for the metropolitan territory, as the main eligible beneficiary was Iași city. The concentration of market. One hundred and eighty citizens from the metropolitan rural areas were trained and eligible ROP interventions in the core city, as well as the delays in establishing and operationalizing counseled within the project. the metropolitan transport system, contributed to a decreased engagement of the metropolitan partners. Cross-border cooperation The IMA capitalized on its geographic position and its IDA status in cross-border cooperation Examples of multijurisdictional cooperation in IMA projects in the fields of strategic planning for integrated urban development, social services, and local economic development. IMA was active in this sense from its early beginning, The areas of multijurisdictional cooperation within IMA members include: attracting funding from the neighborhood programs between Romania and the Republic of Moldova (projects included: Social Work for Better Life, 2004-2006, LGU Wealth Network, 2006- • Public utilities management and development (water, sewerage, waste management) – 2008, and preparing a cross-border wholesale market in Vulturi, Popricani, 2007-2009) and according to the sectoral IDAs masterplans; these processes are not coordinated by IMA, the Romania-Ukraine-Republic of Moldova Cross-border Cooperation Program (Elaboration and • Strategic planning, including the overall metropolitan strategy and sectoral strategies Management of Integrated Urban Development Plans, 2013-2014). These initiatives supported for economic development and tourism (as mentioned above), intercommunal, cross-border, and interinstitutional collaboration for metropolitan development, • Cross-border cooperation in the fields of strategic and urban planning, social etc., providing additional funding and thematic approaches to complement the metropolitan TAUs’ projects. • Marketing. While the IMA developed several projects and initiatives contributing to the metropolitan Metropolitan transport territory’s development, one can conclude that the IDA’s successful initiatives were coordination Urban and metropolitan mobility has been a constant concern at IMA level, both due to the rather than cooperation oriented. poor transport infrastructure the authorities have been trying to modernize and because of the need for a modern and sustainable metropolitan transport system, that could also contribute to Technical and administrative capacity development improved environmental factors. The IDA was involved in the Parking management and incentives as successful and proven strategies for energy-efficient urban transport (PUSH & PULL) project Technical and administrative capacity development is a constant concern of IMA. For example, the (2013-2015), co-funded by Intelligent Energy Europe, promoting sustainable mobility. IDA attracted funding and implemented the Qualified staff for an efficient administration in the Iași Metropolitan Area project (2011-2012), funded by the Administrative Capacity Development On the other hand, IMA has been trying to facilitate the establishment of a metropolitan public Operational Program. The project aimed at the improvement of the professional knowledge and transport association since 2010 and two attempts failed due to the refusal of some of the skills of the 19-member administrative bodies of the association, providing training on project members to pass the decision through the Local/ County Councils, despite a principle agreement management, public procurement, computer skills, strategic planning and financial management of all metropolitan partners. The actions in this sense were resumed and the metropolitan for the 130 employees of the metropolitan TAUs. partners re-confirmed their interest for the metropolitan transport system. 98 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 99 Promoting funding opportunities Although it is not one of its core tasks, the IMA promotes opportunities to increase members Cluj-Napoca Metropolitan Area access to funding. This approach is particularly important when it addresses complementary funding to the ROP – funds for rural development, cross-border cooperation etc. (CNMA) The CNMA was created in 2008 through the association of Cluj-Napoca Municipality and Cluj Risks and constraints hampering interjurisdictional with the surrounding TAUs, namely: Aiton, Apahida, Baciu, Bonțida, Borșa, Căianu, Chinteni, Ciurila, Cojocna, Feleacu, Florești, Gilău, Gârbău, Jucu, Petreștii de Jos, Tureni, and Vultureni, cooperation together with Sânpaul and Săvădisla joining in 2009 and 2016. 1. Reduced interest of policy makers (elected officials) in cooperation for projects or The vision for the CNMA is: initiatives that have no direct effects on their visibility/ popularity and electoral capital. “The Cluj-Napoca Metropolitan Area will become a competitive hub for research, innovation Metropolitan cooperation stands low on the local political agenda when there is no direct and development services and for ICT, a proper environment for entrepreneurs, youth and stake (especially funding). professionals. The place where you grow, have success and raise you children.” 2. Unclear attributions and competencies of metropolitan IDAs – the lack of specific The main goals of the association are: legislation guiding metropolitan cooperation and development may stall development and decision-making processes, especially in a context of reduced political interest 1. Urban development and modernization of the CNMA and improvement of sustainable for metropolitan cooperation. For example, the IMA has been trying to facilitate the urban mobility establishment of a metropolitan public transport association since 2010 and this has not yet been achieved, despite an agreement in principle between all the metropolitan 2. Increasing the economic competitivity of the CNMA partners. Another example shows overlaps between the IMA and the Iasi municipality 3. Developing social services in order to increase the quality of living within the CNMA and in terms of planning attributions – while IMA coordinated the development of PIDPC the Northwest Region. and SUMP, the municipality coordinated the development of the integrated urban development strategy (covering the metropolitan area), involving the IMA throughout The main activities of the CNMA are: the elaboration. • The development, monitoring, and implementation of a strategic concept for the sustainable 3. Limited availability of funding for the metropolitan territory and the integration development of the metropolitan area of funding – as mentioned above, the concentration of eligible ROP interventions in the core city contributed to the disengagement of the metropolitan partners and a • Developing own projects and programs in partnership with other private entities from Romania perceived decrease value added of cooperation. This was also fostered by the focus of and abroad for the development of the metropolitan area the metropolitan strategy and project portfolio prioritization on the ROP (according to • Developing technical and economical documentation for grants the program’s guidelines), and a lower promotion of complementary funding and projects • Promoting the economic development strategy and marketing for investors for the rest of the metropolitan territory during the planning and implementation phases. Integration, both in terms of planning and funding, should be better addressed during • Attracting investments (local and international) the following programming period, both by the programs’ guidelines and by the local/ • Supporting and promoting the SMS sector and facilitating their access to financial resources metropolitan planning initiators. from capital markets or international funds 4. Staff shortage of the IMA IDA generates operational limitations – Over the last • Any other activities that aiming to generate own funding resources. three years the IMA has faced a staff shortage due to some of the employees migrating • The elaboration of the Metropolitan Spatial Plan of the Cluj-Napoca Metropolitan Area (PATZM) to the local administration institutions following the salary increase in the public on the basis of the general urban plan of each administrative-territorial unit of the zone; administration. This led to a decrease in the volume of the IDAs’ activities volume and raised the problem attraction and retention of well-trained staff. A clearer positioning of • Improving and developing transport, telecommunication, and energy infrastructure within the IMA IDA and its attributions, supported by law, would help in this regard. metropolitan areas (at the level of TAU) • Developing and improving public services • Developing the tourism and tertiary sector • Developing human resources, increasing the employment rate, and combating social exclusion and social imbalances. 100 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 101 • Promoting integrated and efficient solutions for the construction of social housing, participation 2. Solving complex problems within programs aiming to create workplaces, and increasing the standard of living. In many cases, metropolitan issues and challenges exceed the capacity of TAUs to solve • Developing strategies, programs, studies, and investigations in order to identify problems and them. Issues like uncontrolled expansion (urban sprawl), poverty and social inclusion, and challenges of the CNMA access to services of general interest are just a few examples. In this regard, the CNMA developed several projects aiming to support the social inclusion of disadvantaged • Prevent and combat crime or undesirable behavior persons. Such an example is the PATA-Cluj project which used a two million euros grant • Encourage scholarship and increase the level of education and culture with the youth and other from Norway Grants targeted to support desegregation and fight against poverty in a marginalized community living near Cluj-Napoca’s waste ramp. vulnerable groups. • Fundraising 3. Integrated capitalization of local resources • Consultancy and guidance in human rights, civic, sustainable economic development, Tourist attractions and leisure facilities may be concentrated in Cluj-Napoca, but environmental protection, and other fields related to public life. some of them can also be found in the metropolitan area. If each TAU were solely promoting its own attractions, this would be highly inefficient, and results would be Metropolitan areas are confronted with common problems such as economic change, social rather scarce. Therefore, territorial marketing and branding are activities that often inclusion, rapid and uncontrolled urban expansion (SPRAWL), traffic congestion as a result of demand interjurisdictional cooperation. In the case of the CNMA, the aim is to promote unsustainable mobility patterns, environmental damage and pollution - whose impact exceeds the metropolitan area as an important destination for weekend tourism by mostly targeting residents of Cluj-Napoca, but also tourists visiting the city. A first step in this administrative boundaries. direction is the URBforDAN project which targets the Făget Forest at the outskirts of The CNMA is addressing metropolitan challenges by facilitating cooperation on: Cluj-Napoca and aims to develop a site management plan together with small scale noninvasive interventions for transforming the area into an attractive public space and • Planning – CNMA aims to develop a Metropolitan Spatial Plan of the Cluj-Napoca leisure facility. There are also plans to develop several cyclotourist routes within the Metropolitan Area (PATZM) metropolitan area that link the most relevant activities. • Sectorial policies on economic development, utilities, and public services 4. Efficient and integrated metropolitan area level planning • Financing or co-financing programs and projects of metropolitan importance Even if according to Romanian laws, TAUs are responsible for developing their own spatial • Property taxation and real estate management plans and strategies the planning process is often lacks the possibility to provide a clear understanding of the context and the ability to identify the best ways to capitalize on the • Environmental issues surroundings. Therefore, the aim of the CNMA is to ensure a coherent planning process • Policies and programs related to health, culture, sports and tourism at the level of the metropolitan area. This is done by respecting the local autonomy of the TAUs, but also by guiding them in terms of planning. The CNMA was in charge of the • Institutional organization and development of human resources coordination of both the Integrated Sustainable Urban Development strategy and the Sustainable Urban Mobility plan. Even though this process ensured a coherent vision and From these areas of cooperation defined in the status of the association, the CNMA is focusing on a relevant project portfolio for the whole metropolitan area, funding from the ROP was planning issues by coordinating relevant planning documents (SUMP or IUDS), developing projects allocated just to Cluj-Napoca. that support social inclusion of marginalized communities, providing training opportunities and resources for local stakeholders, building facilities for economic development and promoting 5. Horizontal cooperation also ensures better top down planning coordination natural heritage and touristic attractions. Metropolitan development associations often act as intermediaries between the county administration (NUTS 3) and the regional level (NUTS 2). In some cases, these organizations Benefits of metropolitan coordination are also representative at national or EU level. The CNMA is often cooperating with the NWRDA in EU projects funded under the Interreg program. In terms of spatial planning Some of the benefits and gains enabled by metropolitan coordination in Cluj-Napoca, include: at county level, the CNMA is an important stakeholder involved in the development of the county spatial plan (PATJ). On the other hand, there is also cooperation in terms of 1. Increased access to international projects responsibilities between these three entities. For example, while the CNMA focuses on After the 2007-2013 programming period, the CNMA greatly extended the variety of social services, the NWRDA and the county council oversee promoting the TAUs of the projects, and especially funding sources aimed mostly at international projects. In time, metropolitan areas as investment destinations. Moreover, the Cluj County Council is the CNMA has gathered a strong team which has expertise in preparing and implementing public entity involved in the development and management of the four industrial parks international projects. Small TAUs (communes) rarely have the administrative capacity that gather more than 11,000 workplaces.47 Two of these industrial parks, Tetarom III and IV are in the metropolitan area. to write proposals for more complex funding programs, therefore they can benefit from international experience exchange and research projects developed under the CNMA. 47 Thedevelopment and extension of the Tetarom industrial parks has been supported by pre-accession funds (Phare) and later on by the ROP. 102 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 103 IDA in the context of attracting EU funds for 2021-2027 nearly 800 adults that worked on the ramp remained without any source of income. Based on a UNDP-UBB study the Pata Cluj project was developed in order to foster integrated social inclusion In 2008, after joining the EU, Cluj-Napoca was designated as a growth pole along with other in this community. Funding of four million euros for the project has been obtained from EEA 6 municipalities (Brașov, Constanța, Craiova, Iași, Ploiești, and Timișoara). This is also when grants, while the implementation is ensured by a consortium formed by: the CNMA (coordination), the CNMA was established in order to support the development of Integrated Development the Community Association of Roma from Coastei, AltArt Foundation for Alternative Art, and Plan (PID) for the growth pole (Cluj-Napoca and surrounding TAU’s) and the implementation Habitat for Humanity. of important projects within the metropolitan area. During the 2007-2013, there was funding dedicated to projects within metropolitan areas through the ROP, where the CNMA was directly Interventions follow a multidimensional approach and rely on pursuing project threads: involved in the implementation phase. community facilitation, housing, education, case management, safety, employment, raising awareness, arts and culture, health, youth center, and institutional facilitation. Through the Pata In the current programming period, the CNMA is coordinating the planning process but is less Cluj, construction materials (based on the demand of the communities) and facilities have been involved in the selection of priority projects and in their implementation. This is mostly caused provided to those that decided not to leave the areas. A youth center was built to support joint by the fact that having projects in the metropolitan areas is not mandatory. Therefore, the main activities in education, culture, and sport. The project also provided educational services for cities chose to use designated funds from the ROP mostly for implementing their own projects children, youth and their families in order to support school attendance. For those that wanted to without targeting the metropolitan area. move, two buildings containing six apartments each have been built with the support of Habitat for Humanity. Additionally, 23 apartments have been bought in order to provide decent living The CNMA continues to work towards achieving its main goals (urban development, social conditions and enhance the desegregation process. services, and economic competitivity) but is now targeting other funding sources. There is as The Pata Cluj project is a good example that showcases how an intercommunal development shift in terms of project typologies between the two financing periods. If in the first period, the association can support local administration in resolving complex problems. CNMA was involved in implementing mostly “hard” infrastructure and facility projects (social care facilities, industrial parks, public transport, infrastructure, etc.): in the actual financing period, the CNMA is mostly implementing soft projects aiming to tackle metropolitan challenges by Supporting economic development and innovation research, training, experience sharing, exchange of knowledge, and small-scale interventions. On Even if the economic competitivity of the metropolitan area is mostly supported by the county the other hand, accessing these funds is harder as competition at international level is quite council, the CNMA is providing support in terms of governance and training. The New Generation tough, especially related to the Horizon 2020 or Urban Innovative Action programs from which Skills project funded by Interreg Danube seeks to support youth to be proactive engines of CNMA recently obtained funding for three projects. innovation and become changemakers in their local communities by developing their skills and competences. This is achieved by firstly forming a quadruple helix governance structure with For the 2014-2020 programming period, CNMA is aiming to strengthen its planning capacity. main stakeholders involved in innovation and entrepreneurship together with the Innovation Lab Therefore, the desire would be to have a dedicated financing axis trough which funds would be within the University of Agricultural Sciences and Veterinary Medicine (USAMV) in Cluj-Napoca. allocated directly into the metropolitan area without being in competition with the core city. A The Innovation Lab is equipped with a 3D printer, scanner, laptops, multifunction printer, and possible approach would be to give the metropolitan areas a similar role like the urban authority video conference system. The lab can be used by, and is open for, youth from all over Cluj-Napoca has in this programming period. This would mean funds would be prioritized and implemented and the metropolitan area. Within the Innovation Lab following services are provided: One Stop by the metropolitan area in partnership with local authorities. A similar approach is already used Shop, educational activities (circular economy, digital manufacturing, etc.), mentoring, practical within the LEADER program for LAG/FLAG, where stakeholders propose projects that are then activities related to hardware and software instruments, and management activities. Through prioritized at the level of the association. this project, the youth in the CNMA have access to high-tech facilities, training, and mentoring so that they can develop and adapt their skills to be an important part of the knowledge economy. For the forthcoming budgeting exercise, the CNMA has prepared with a strong team that now has vast experience in strategic planning, project writing, and implementation. Moreover, the international experience and knowledge gathered from R&D projects will greatly enhance the Tackling local issues to research and knowledge exchange capacity of the CNMA to find the most efficient and creative ways to tackle the local challenges. ProGIreg Horizon 2020 (to be further assessed, started in June 2018) Risks and constraints hampering interjurisdictional cooperation Examples of multi-jurisdictional cooperation in the Cluj-Napoca Metropolitan Area 1. Unstable income and funding sources - The activity of the CNMA is strongly linked to EU funding, as financial resources gathered from the tax of local authorities are not CNMA tackling complex problems enough to sustain the activity of the organization -0.5 lei per inhabitant and 1,500,00 The Pata Rât is a spatially segregated informal urban settlement of 1,000 people from multiple lei for the county council-. Also, incomes from TAUs vary from year to year. Therefore, marginalized communities living near Cluj-Napoca’s landfill. After the landfill closed in 2010, the continuity of the CNMA team is dependent on funds attracted from other sources, mostly from winning EU projects. 104 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 105 2. The urban sprawl phenomenon - Mechanisms to control urban sprawl are still not • The development of tourism and of the tertiary sector; efficient enough. Developing a Metropolitan Spatial Plan has been one of CNMA’s goals • An integrated economic development; for a long time. This could strengthen the coordination of the local TAUs in terms of development areas for housing, business, retail, and other activities. At the moment, the • To develop human resources, to increase employment rates and to combat social spatial plan for the county is in the development process. exclusion and social imbalances; • Attracting new investments and increasing access to resources. 3. Uncertainty of legal framework - Due to their statute (NGO), the CNMA is excluded from various funding sources, or has to compete directly with other NGOs even if their Other objectives of the Intercommunal Development Association cover the following aspects: activity, scope and role is totally different for their competitors. Also, for some funding sources, the CNMA is considered as NGO (ex. POCU), while for other it is acknowledged • The efficient and integrated management of the local potential; as a local authority -ex. UIA / EEA grants-. • The organization of, and participation in, training and retraining courses, seminars, and conferences; 4. Uncertainty in terms of technical assistance provided by CNMA - At the moment, the CNMA is writing and implementing various projects targeting the metropolitan area • The elaboration, implementation, and development of own projects and programs in where TAUs are mostly beneficiaries. The staff of CNMA is well trained in terms of partnership with other natural and legal persons from Romania and from abroad, planning, project writing, and implementation. These skills are available for the local especially in the context of the cross-border, regional, and transregional partnership, as TAUs but due to the lack of resources, they cannot be accessed for free. Therefore, the part of projects such as Romania-Bulgaria, EUSDR, or the Black Sea; local TAUs prefer to hire their own consultants instead of accessing the expertise of • The elaboration of strategies, programs, studies, and specialized analysis in order to the CNMA. On the other hand, if CNMA would offer its expertise for free to local TAUs conduct the inventory of the needs and opportunities of the area, as well as of the demand could be so high that the staff would be easily overwhelmed. problems encountered by the community and the disadvantaged categories of inhabitants in the metropolitan area; • Supporting the youth and young families; Constanța Metropolitan Area • Promoting integrated and efficient solutions for the construction of social housing, as well as actively participating in programs regarding job creation and the general improvement of living standards; Constanța Metropolitan Area (CMA) is an intercommunal development association (IDA), which • Promoting private and public investments for a sustainable development of the was created in 2007 by the association of the city of Constanța with 13 administrative units metropolitan area and its component administrative units; in the proximity of the city. Today, CMA covers a total population of approximately 500,000 inhabitants and it is comprised of 16 administrative units (TAUs), namely the city of Constanța, • Preventing and combating crime and other various typologies of risk behavior of the the towns of Năvodari, Eforie, Ovidiu, Murfatlar, and Techirghiol, as well as the following communes: population; 23 August, Costinesti, Mihail Kogălniceanu, Cumpăna, Valu lui Traian, Lumina, Tuzla, Agigea, • The support and promotion of school attendance and the improvement of education and Corbu, and Poarta Albă. culture levels among young people and the disadvantaged categories of the population; • Accessing various funding sources and programs, especially in the form of financial The purpose of the association is the sustainable development of the administrative units that assistance from the European Union, for the development of the Constanța Metropolitan form the association and of the entire area in its proximity, through the joint implementation Area and its component administrative units, as well as for capacity building for the of development projects of zonal and regional interest and through the joint provision of public association; services. • Granting fellowships and other forms of material support; The main objectives of Constanța Metropolitan Area are: • Promotion, support, and involvement in projects and programs of R&D and technological transfer; • The improvement and the development of transport, telecommunication and energy infrastructure; • The organization and support for charity and fundraising; • Reducing disparities between localities situated in the metropolitan area; • Offering consultancy and counselling in the fields of human rights, the development of civic consciousness, sustainable economic development, the development of all typologies • The development of new residential areas and neighborhoods; of infrastructure, environmental protection, and other sectors of general interest; • The development and improvement of public services; • Preparing and implementing local, zonal, regional, and national projects, programs and • Environmental protection and sustainable development; strategies; 106 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 107 • Fulfilling the role of the urban authority and representing the member administrative 1. Increased capacity building units, the associated partners, as well as the entire metropolitan territory and its One of the main roles taken by the Intercommunal Development Association of the population, in relation to various public and private entities from Romania and from CMA is that of offering and facilitating assistance and training to its members in order abroad, central public authorities, regional, subregional, and local institutions and to improve the constituent administrative units’ capacity to attract external funds authorities, management authorities etc. and to implement projects. This led to increased capacity building at the metropolitan level, achieved both through courses developed by the intercommunal development These objectives can also be regarded as the main responsibilities of and activities conducted by association, as well as through experience exchanges and trainings conducted as part of Constanța Metropolitan Area, being at the same time at the core of the areas of interjurisdictional European programs. cooperation that are being promoted at the metropolitan level. Out of the aforementioned objectives, during the last 12 years, the Constanța Metropolitan Area has been focusing on the 2. Reduced disparities between the component administrative units of the following sectors of activity: metropolitan area The projects implemented and the investments / funds attracted by, or with, the 1. Strategic Planning contribution of the Intercommunal Development Association of CMA in developing the The Intercommunal Development Association of the CMA elaborated or was actively social and technical infrastructure in key areas of the metropolitan territory led to a more involved in the process of elaborating various strategic documents such as the Integrated balanced attractiveness of the area with an increased number of companies locating Urban Development Plan 2007-2013, the Integrated Urban Development Strategy in other municipalities than the city of Constanța and a higher and higher number of 2014-2020 or the Sustainable Urban Mobility Plan 2014-2020. At the same time, the inhabitants migrating to a series of smaller urban and rural administrative units. association coordinated, monitored, and evaluated the implementation of these plans and strategies and has permanently been present in processes of public consultation 3. Integrated metropolitan development strategy developed in the component administrative units, especially in actions dedicated to The Intercommunal Development Association of CMA took the responsibility for territorial development, public policies, the development of investment plans, and the elaborating a series of studies, plans and strategies covering the entire metropolitan management of public services. area. This resulted in an integrated planning process that facilitated the identification of strategic projects and interventions that were needed for the sustainable and successful 2. Technical and administrative assistance development of the area. The CMA has continuously provided assistance to the member municipalities, especially in areas of interest, such as, project development and implementation, public procurement, In addition, one of the main roles of the association is the coordination, correlation, and urban planning and strategic planning etc. integration of interventions which is a crucial factor in the sustainable and balanced development of the area, since it follows the correlation between public and private investments, between 3. Accessing external funding sources strategic documents (for example, as part of the HORIZON 2020 PORTIS project, the IDA CMA Over the past 12 years, the Intercommunal Development Association of the CMA has elaborated a report that correlated the interventions in the Sustainable Urban Mobility Plan with successfully implemented and is still implementing 16 projects funded through various the ones in the Port of Constanța Masterplan, two of these projects being already implemented), programs, such as: POR 2007-2013, PODCA 2007-2013, POSDRU 2007-2013, POCU and between investments (for example, IDA CMA coordinated the interventions on the technical 2014-2020, POR 2014-2020, and HORIZON 2020. The total value of these 16 projects infrastructures with the projects funded by European funds for urban regeneration). is 52,793.638 lei, which makes Constanța Metropolitan Area one of the most active metropolitan association in Romania, in terms of the number of projects implemented, the Finally, although the IDA of CMA is not yet responsible for the management of public services, total value of attracted funds, as well as the diversity and complexity of the interventions. through an integrated planning process it provides the framework for an integrated administration of services of public utility and of the public utilities system. Although not all the typologies of activities and objectives aforementioned are constantly being implemented in the CMA, these are good examples of activities that could be conducted by other metropolitan areas in Romania. The following details describe best practices, as well as benefits IDA in the context of attracting EU funds and potentially and obstacles identified in the process of metropolitan cooperation. using the ITI tool for 2021-2027 The Intercommunal Development Association of CMA is one of the first structures of this type Benefits of metropolitan coordination established in Romania, having a vast experience in metropolitan governance and development. With Constanța being one of the national growth poles, IDA CMA had a very important role in Apart from the local benefits brought by metropolitan coordination for the administrative units the 2007-2013 programming period. More specifically, the association took the responsibility of of the CMA, all the measures implemented by the Intercommunal Development Association lead elaborating the Integrated Urban Development Plan (IUPD) 2007-2013, the strategic document to a series of major benefits that contribute to the overall achievement of the association’s that conditioned the access to European funds for the growth pole. Based on the IUPD, the entire objectives. The main benefits of metropolitan coordination in Constanța Metropolitan Area are: metropolitan area implemented a series of projects adding to a total value of 1.2 million euros, 108 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 109 while the Intercommunal Development Association of the CMA was in itself one of the solicitants Moreover, the IDA CMA is involved in the strategic planning process of each administrative unit of these projects. Apart from the projects dedicated to capacity building, Constanța Metropolitan in the metropolitan area, in order to correlate local interventions with the general directions Area developed a series of actions in the rural municipalities, focused on the establishment of set by the IUDS, SUMP and other programmatic documents at the regional, national, and various youth centers for which the administrative units mandated the association to apply European level. In this context, the Intercommunal Development Association of CMA is consulted for funding and to implement the projects, after which the centers would be transferred to the for the approval of local development strategies, general urban plans, and other strategies and administration of the local municipalities. investment plans in the member administrative units. As part of the VISION 2020 project, funded during the 2007-2013 period, the Constanța Metropolitan Area also developed the Integrated Urban Development Strategy (IUDS) 2014-2020, Social Development which prepared the following programming period. Unlike the previous period, the Intercommunal Development Association could not apply for funding for the entire metropolitan territory, the city The Intercommunal Development Association of the CMA has been actively involved in the of Constanța being the beneficiary of the European funds. In this context, the IDA CMA focused development of the entire metropolitan territory, playing an important role in diversifying the its activity on capacity building through the provision of assistance for the municipalities, free of social infrastructure in rural areas, for example by applying for European funds in the name of charge, in project development and implementation. the municipalities during the 2007-2013 programming period. The result was a series of youth centers that are now managed by the local administrative units. For the 2021-2027 programming period, the Intercommunal Development Association of the CMA considers that strategic planning at the metropolitan level should continue to play an important role for a successful interjurisdictional cooperation. The elaboration of relevant Good Practice: The implementation of a series of projects regarding the social infrastructure documents such as the metropolitan spatial plans (PATZM) and the metropolitan strategies in rural municipalities of the Constanța Metropolitan Area should be encouraged, funded, and even considered a preconditional for attracting European The IDA CMA was the first structure of this kind in Romania that between 2010-2015 successfully funds. The role of the metropolitan IDAs in strategic planning should be recognized and better accessed the Regional Operational Program 2007-2013, Priority Axis 1 – 1.1. Growth Poles, for the supported in the legislative and financial framework. implementation of eight projects regarding the social infrastructure. These actions implied the In addition, interjurisdictional cooperation and joint initiatives should be better reflected in the rehabilitation, extension and supplying a series of buildings in eight rural communities, in order to legal framework and the design of the funding programs, in order to address the challenges faced transform them into youth centers. At the end of the implementation process, the infrastructure by local municipalities that need an integrated approach, in sectors such as connectivity, social was transferred from the administration to the local administrative units, which became services, education, health etc. In this case, the IDAs can have an important role in developing / responsible for its management and to the fulfillment of the post-implementation obligations. implementing / monitoring / evaluating this type of intercommunal projects. Lastly, territorial and functional cohesion in urban functional areas could be achieved through An innovative aspect in this example was the establishment of mixed teams for the implementation the integrated management of public services. Although the national legal framework permits of these projects, which fostered the collaboration between personnel from IDA CMA and the an integrated approach in the provision and management of services of public utilities, the municipalities, as well as from the city of Constanța, which provided specific technical expertise most common sectors approached in an interjurisdictional manner are water supply, wastewater in certain cases. management and waste management. It is very important to encourage the development of other integrated services such as transportation, sanitation, public lighting, and social services, managed by sectoral IDAs and reunited under a holistic strategic plan that would coordinate the Capacity Building development priorities and the correlation with other interventions. The Intercommunal Development Association of the CMA is constantly providing technical and administrative assistance to its members in various fields such as: accessing funding programs, especially for European funds, project management, public procurement, strategic and urban Examples of multi-jurisdictional cooperation in planning etc. Moreover, during the previous programming period, the association implemented two projects with funds from the PODCA 2007-2013 program, Training for Development and Constanța Metropolitan Area VISION 2020 – An Integrated Strategy for Constanța Metropolitan Area, through which 60 civil servants were trained in aspects such as project management, sustainable development, equity Strategic Planning or development of public policies. Many strategic documents, respectively, the Integrated Urban Development Strategy, the Sustainable Urban Mobility Plan, and other sectoral strategies and studies, have been elaborated Urban and Metropolitan Mobility for the metropolitan area of Constanța, under the coordination of the Intercommunal Development Association of the CMA. These documents have been validated by each member municipality Although the Intercommunal Development Association of CMA is not responsible for the and they have been adopted by the General Assembly of the IDA CMA. The association is also management of public transport services, it has an active role in planning and developing the responsible for the coordination / correlation between the interventions proposed in the action transport sector in an integrated manner at the metropolitan level. A few successful examples plans, being at the same time involved in the monitoring process of the implementation of these that can be mentioned include: the enhancement of connectivity in the area through the project documents. 110 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 111 of enlargement and modernization of the Mamaia – Năvodari Boulevard, and the involvement Navigation and Agriculture Constanța, has begun the implementation of a project funded through in various national and European networks and programs. For example, the IDA CMA in part the Regional Operational Program 2014-2020 regarding the development of a business incubator of the METROPOLITAN project, developed by the Federation of Metropolitan Areas and Urban dedicated to the sector of creative industries, which will be a major catalyst for entrepreneurial Agglomerations in Romania (FZMAUR) with funds from the POCA 2014-2020 program. The development, as well as for research and innovation at the metropolitan and even regional level. project has as its main purpose, the elaboration of an alternative public policy regarding local and metropolitan public transport in Romania. Another relevant initiative is the IDA CMA’s Promotion and Communication participation as a partner in the project “PORTIS – PORT Cities: Innovation for Sustainability”, a project funded through the HORIZON 2020 program, whose purpose is to identify and address The Intercommunal Development Association of the CMA reunites and presents the common a series of challenges faced by port cities in Europe regarding urban mobility and the functional, interests of the member administrative units in relation to various institutions and authorities economic, and social correlation between ports and cities. at local, regional, and national levels. At the same time, the IDA CMA represents / assists, when solicited, any of its members in meetings such as conferences, reunions, committees etc. and Good Practice: The organization and management of structures for public cooperation and it promotes the activities of the association and of the municipalities in the metropolitan area consultation through its monthly newspaper, The Metropolitan Chronicle, which represents a great opportunity Taking into consideration the role of coordinator adopted by the Intercommunal Development for the community to get acquainted with the metropolitan and local projects and initiatives, as Association of the CMA over the years, the association has also been an important moderator for well as through informal means of communication, such as the IDA’s website and social media. the multiple interest of local stakeholders (the academic environment, civil society, the business environment and public authorities). Good Practice: Fostering cooperation between the member administrative units of IDA CMA Even beginning with the first year of activity, the Intercommunal Development Association of the One relevant example is represented by the Forum for Sustainable Urban Mobility, established CMA has been organizing numerous joint actions with the members of the Association, some of in the Constanța Metropolitan Area as an interinstitutional structure, without legal personality, them even becoming regular events. For example, one of the most relevant actions is represented whose purpose is the creation of a platform for continuous dialogue regarding transportation by an annual study visit and experience exchange with different partners in the European Union, and mobility. This forum, managed by the IDA CMA, soon became a real advisory entity in the whose purpose is to strengthen the relations with various European authorities, as well as to decisional processes of public authorities and institutions, especially for Constanța City Hall, enable the personnel in the Constanța metropolitan area to get acquainted with international contributing to the adoption of strategic decisions (for example, in the elaboration of the parking best practices. policy of the city), and of a series of operational measures and interventions (for example, the rules for access in the historic center, the implementation of a parking fee in the central area of All these actions, especially the meetings between the member administrative units of the the city of Constanța and in Mamaia etc.) Constanța Metropolitan Area, their management, as well as their technical staff, together with representatives from the IDA CMA, contributed to a stronger cohesion between the members of Apart from the Intercommunal Development Association of CMA, other partners in the forum for the Association and the diminishing of politic, personal or administrative differences between Sustainable Urban Mobility are: Ovidius University, Constanța Administration of Maritime Ports, them which facilitated a higher level of cooperation. Constanța City Hall, County School Inspectorate, County Police Inspectorate, County Emergency Situations Inspectorate, County Health Directorate, County Agency for Environment Protection, the Chamber of Commerce, Industry, Navigation, and Agriculture Constanța, as well as a series Financial Resources of non-profit organizations. The activity of the Intercommunal Development Association of CMA has been funded by two main sources so far: Economic Development Financial contributions from the members of the Association, according to the population of the administrative units (1,3 Lei / inhabitant); In terms of economic development, the Intercommunal Development Association of the CMA Grants and structural funds, by accessing various funding programs for the implementation of is an important actor in support of a successful business environment. First, the IDA CMA is specific projects. permanently involved in the dialogue with the private sector, being also in close collaboration with relevant institutions such as the Chamber of Commerce, Industry, Navigation and Agriculture The Intercommunal Development Association of CMA is not conducting any activities that Constanța. In addition, the association has implemented various projects with European funds, could bring revenue to the association and that is the reason why the permanent staff of the regarding the labor force, and the development of competences. Some examples of these Association only comprises 3-5 employees, while other personnel are only project-based hired. initiatives are: European training for quality services in tourism (funded through the POSDRU This is the reason why IDA CMA considers that additional funds should be available for the 2007-2013 program), internships for competitive students on the labor market (funded through operational activities of the intercommunal development associations (for example through the POSDRU 2007-2013 program) and “the internship – the first step towards hiring” (funded programs dedicated to technical assistance), in order for them to be able to get involved in more through the POCU 2014-2020 program). Also, the Intercommunal Development Association numerous and more relevant projects for the metropolitan areas. of CMA, in partnership with the city of Constanța and the Chamber of Commerce, Industry, 112 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 113 Risks and constraints hampering interjurisdictional Busteni, located on the northwest county boundary (71 kilometers from Ploiesti) joined the association in 2011. Due to the fact that it was not part of the surrounding/functional area of cooperation Ploiesti, Busteni was not included in the strategic planning documents formulated for the 2007- Some of the key risks and constraints identified in the activity of the Intercommunal Development 2013 and 2014-2020 programming periods. Association of Constanța metropolitan area include: Goal and objectives: The goal of the association is to facilitate the cooperation among the 1. Lack of dedicated funding sources - One of the main challenges identified refers to members, for a joint exercise of legal competencies, according to sustainable development the allocation of European funds for growth poles in Romania during the 2014-2020 principle, meaning: programming period, with the city of Constanța being the beneficiary of integrated urban interventions, which made it difficult for IDA CMA to access funds for the development • Social progress, based on the recognition of community needs; of the entire metropolitan territory, including the rural municipalities. • Efficient environment protection; 2. The national legal framework and planning system – The Intercommunal Development • Rational use of natural reserves; and Association of CMA identifies the risks determined by the lack of urban and strategic • High and safe level of economic growth and employment. planning at metropolitan level with respect to funding opportunities and their distribution according to local challenges and specificities. For example, both rural and The following objectives are listed in the association’s status: urban municipalities, with a prominent residential profile, are forced to attract additional income from activities that could not be compatible with the housing function (e.g. 1. Support the economic and social development of Ploieşti-Prahova Growth Pole; productive activities) because of the lack of a territorial plan that sets the profile of the municipalities, the lack of a metropolitan strategy that prioritizes investments or the lack 2. Identify ways and means to improve the infrastructure of the member territorial of financial opportunities for operational activities for these typologies of municipalities. administrative units; In addition, the national planning system and legal framework describe the possibility 3. Capitalize the local economic potential and identify internal and external financial of elaborating metropolitan development plans, but they are not compulsory and sources metropolitan intercommunal development associations are not identified as possible 4. Support the development of small and medium enterprises; initiators of such actions, which also means that they do not have access to external funds for spatial planning activities. 5. Stimulate and attract foreign capital; 6. Promote the image and development potential of the area; Ploiești Metropolitan Area 7. Develop any other activities leading to economic, social, and cultural development that have the ultimate goal of increasing the quality of life; 8. Protect and develop cultural heritage; The IDA Ploiesti Prahova was established in 2009, according to the government decision number 26/2000 related to associations and foundations, approved by law 246/2005, the law 215/2001 9. Protect and capitalize the natural environment; on Local Public Administration, and the law 151/1998 on Regional Development in Romania. As it 10. Develop tourism in the area; was established based on the government decision number 998/2008 regarding the designation of growth poles and urban development poles, the website introduction states that its activity 11. Build partnerships with other public and private legal entities in order to achieve the develops according to the National Development Plan 2007-2013, the Regional Operational Plan objectives of the association; 2007-2013, the Integrated Development Plan, the Sustainable Plan for Sustainable Development of 12. Implement, monitor, and evaluate the Integrated Urban Development Plan, and the the Prahova County, and other strategies and plans developed at central, regional, and local levels. strategies / plans for sustainable development of the county / localities, and update them according to the socio-economic changes Previous attempts at an interjurisdictional cooperation had been made in 2004-2005, when 13. Create, organize, regulate, finance, operate, monitor, and jointly manage public transport based on the law 350/2001 on Urban and Regional Planning, the Ploiesti municipality and the services. administrative units in the first ring developed the Inter-territorial Cooperation Spatial Plan. The institutional setup for the cooperation was designed, but the association was not legally registered. Responsibilities: The association has responsibilities related to a series of activities, as follows: The founding members of the IDA Ploiesti Prahova are: Ploiesti city, Prahova county, Băicoi town, • Stimulate and support the development of activities at the regional level; Boldești Scăeni town, Plopeni town, Ariceștii Rahtivani commune, Bărcănești commune, Berceni commune, Blejoi commune, Brazi commune, Bucov commune, Dumbravesti commune, Paulesti • Contribute to the establishment of branches of the association and / or business commune, Targsorul Vechi commune, and Valea Calugareasca commune. consultation centers in the localities of the county; 114 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 115 • Provide specific framework for establishing contacts among Romanian partners, and b. Access to EU funding for local projects between Romanian and foreign partners; Linked to the strategic planning process, the second benefit is the coordination of project formulation and implementation at the territorial level, but also from the funding point of view. • Promote national and international funding programs in economic and social fields; The projects of the IDA’s members had to be included in the Integrated Urban Development • Contribute to specific activities in order to achieve the objectives of the association; Strategy for 2014-2020 in order to be financed by the Regional Operational Program (eligibility criterion). In addition, a project could get a higher score if: • Other activities in accordance with to its purpose. • Implemented in Ploiesti (in the case of small enterprises – priority axis 2.1. ROP) In addition, according to the local council decision 217/2017, the Ploiesti municipality is delegated to contribute to the implementation of the integrated urban development strategy for the Ploiesti • Included in the Integrated Urban Development Strategy (in the case of SMEs – priority growth pole: 2014-2020, and its project portfolio, by ensuring the necessary material, human, axis 2.2. ROP) and financial resources. • Included in the Integrated Urban Development Strategy (in the case of IDA’s members – priority axis 5 and 3) Financial resources: The IDA’s financial resources are generated by the members’ annual fees, which according to the 2012 status were the following: c. Transparent decision-making process and the visibility of project monitoring and evaluation • Prahova County and Ploiesti municipality – 5,000 euros each (later on these amounts During all the 2007-2013 programming period, the pole coordinator team ensured the coordination of the beneficiaries and the direct support given to them in the preparation and submission of increased to 50,000 euros/year) the financing documentation and offered specialized assistance during the implementation of • Towns – 2,000 euros each the projects. • Communes – 1,000 euros each d. Active role of the County Council Other possible financial resources include: Prahova County Council, as a member of the IDA Growth Pole, played an important role in implementing large infrastructure projects for the whole area’s benefit. In its capacity as owner • Financial contributions from members’ local budgets of county roads, these projects have improved mobility and accessibility to major transport • Bank interests, donations, subsidies, and sponsorships corridors, as follows: • Programs’ funding • Roads connection between DN1 and DN1B, through the bypass road DJ236 in the northern part of Ploiesti • Training services and consultancy works, etc. • Modernization and rehabilitation of DJ 101D, including the road crossing over the railway Ploiesti Triaj – Ghighiu Benefits of metropolitan coordination • Rehabilitation of DJ 101G Tatarani (DJ 101D) – Brazi The area benefited from the projects implemented during the two programming periods, mainly • Extension of DJ 102 road crossing over DN 1B, etc. in the city of Ploiesti, but additionally, the process of building together a planning attempt for the longer term have all benefited the partners in terms of their institutional capacity, and the In addition, the Sustainable Urban Mobility Plan of Ploiesti considered the Growth Pole area for culture of cooperation. its proposals related to roads infrastructure and public transport. The following achievements can be noted: IDA in the context of attracting EU funds a. Integrated strategic planning at the metropolitan level During the almost seven years of the project, Support for the coordination of the implementation The cooperation among the association’s members during the planning process is one of the of the Integrated Development Plan of the Ploiești Growth Pole, co-financed by the European most important benefits. Two development strategies were developed for the area: The Integrated Regional Development Fund through the Operational Program Technical Assistance 2007- Urban Development Plan for 2007-2013, and the Integrated Urban Development Strategy for 2013, this coordination ensured support for the development of the partnership culture at 2014-2020, taking into consideration the local strategies of all member municipalities, and the local, metropolitan, regional, and national level, facilitating the cooperation of local public including their project portfolios. administrations and investment planning. At the same time, coordination, experiences, and good practices were shared in order to improve the quality of development projects, and to promote The growth pole vision, formulated as part of this strategic process, is: “knowledge-based economy, and support strategies, community opportunities, and team spirit. open to partnerships in complex fields of sustainable use of resources and to increased quality of life for all citizens.” Based on this vision, an integrated package of programs and projects were The initial project list contained in the Integrated Development Plan for 2009-2015 included 93 developed for the Interjurisdictional area, at the level of each community, supported by projects projects. Out of these, 16 projects (plus eight on the reserve list) were selected for funding under identified at the county level. the Regional Operational Program, PA 1.1. They respond to clearly identified problems, and their 116 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 117 solutions lead to improving the existing situation and obtaining a competitive advantage for the Risks and constraints hampering interjurisdictional center of the growth pole and its area of influence. Excepting the mobility projects implemented by the county council, the other projects were located in the following municipalities: cooperation Two main categories of constraints have prevented the interjurisdictional cooperation, and · Rehabilitation of the tram line consequently the projects implementation: · Improving the quality of life of children in difficulty 1. Allocation and structure of EU funding for urban development - The Regional Operational · Rehabilitation of the Clock Museum Program funding structure was meant to primarily support the main city (Ploiesti – the county capital). There were no specific allocations of funds for smaller municipalities, or Ploiești city · Multifunctional business center Green Light rural areas, therefore the projects were in general implemented in Ploiesti, and very few · Center of excellence in business for young entrepreneurs in the small towns. As the other IDA’s members (especially the rural communities) have · Municipal Parc Ploiesti West not benefited directly from funding, some have decided to withdraw: Boldești Scăeni and · Functional rehabilitation/modernization of the Ploiesti Hippodrome Plopeni left the association in 2016, and the Bucov commune in 2017. Ariceștii Rahtivani 2. Limited responsibilities/competencies of IDA – The IDA was created as tool for · Increasing the quality level of protection and residence conditions commune supporting access to EU funding. However, its competencies are limited in relation to project · Ensuring a family-like environment according to European standards implementation. As the objectives in the statutes are general, and the responsibilities Băicoi town quite vague, the actual role of the association depends on the human capacity of its · Increasing the quality of life for disable people members and of the executive staff to undertake active development tasks. In addition, the number of projects formulated as part of the Integrated Urban Development 3. Lack of political support - The political influence on the overall process played a major Strategy for 2014-2020 and submitted to ROP for funding is: 25 projects for the city of Ploiești, role. Mayors with different political views have generated different opinions on project 10 projects for Prahova County Council, five for Băicoi town, two for Boldești Scăeni town, three priorities and question marks about the value of interjurisdictional cooperation. In for Plopeni town, and one for Berceni commune. addition, the absence of direct benefits for all the member communities, and dedicated projects for rural areas has deepened the gap between partners and has impeded a political consensus. Examples of multi-jurisdictional cooperation Besides the planning exercise already mentioned in the previous section, IDA’s members have no additional joint activities as part of this association. However, the following initiatives are relevant for the ongoing functioning of the association: Brașov Metropolitan Area a. Capacity building for interjurisdictional cooperation As an Intercommunal development association of private legal entity and public utility, the The current activities of the association continue to support the environment of cooperation Brașov Metropolitan Agency (BMA) is the result of the correlation between ordinance number that has been consolidated during the two programing periods. An important part is related to 26/2000 on Associations and Foundations and the effect of government emergency ordinance the capacity building of the executive staff of the IDA to provide services for the members, as number 57/2019 on the administrative code (abrogating the law number 215/2001 on local well as for the staff of the local authorities that are involved in the cooperation activities. public administration), recognizing metropolitan areas as being of public interest. Also, the Law number 273/2006 on local public finances enables financial cooperation on projects of public In terms of joint projects, the IDA Growth Pole Ploiesti-Prahova implemented only one project interest for projects involving several administrative-territorial structures. for its operational capacity building, financed by the Program for Administrative Capacity Development 2007-2013. The project’s objective was to improve the expertise and team working The BMA was founded at the end of 2005 based on the initiative of a number of localities from abilities for 91 staff members of the public institutions of the IDA’s members, through training in the metropolitan area of Brașov and of Brașov County Council, following the elaboration of the the field of project management, financial management, and public procurement. Sustainable Development Plan for Brașov. This direction has led to the establishment of a non- governmental organization - the Brașov Metropolitan Sustainable Development Agency (BMA). b. Provision of public services The main reason for the setup of the agency was the need to ensure an efficient collaboration The IDA Growth Pole does not provide public services for its members, as its mandate does not of the neighboring communities with Brașov Municipality within the public utility services realm include this provision. However, all of the IDA’s members are part of the association for waste (water, sewerage, metropolitan transport), but also aligning the general urban plans of the management, called Partnership for waste management Prahova. administrative units. In addition, the establishment of the association for public transport is in progress. The members In 2007, BMA became an intercommunal development association, having as a main aim will have access to the transport services provided by the same company, and the negotiation the common achievement of local and regional projects, as well as providing public services. process is ongoing. As an IDA, the agency promotes cooperation between public, private, and non-governmental 118 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 119 stakeholders, offers technical assistance and consultancy for its members and, with the end assumed by the regional water operator, Apa Brașov Company, through the delegation contract, objective of fostering territorial cohesion. To ensure the achievement of its goals, BMA has set focused on performance indicators, investment implementation, and quality of services, but also the following strategic objectives over the period 2016-2023: sets a coherent pricing policy throughout operating area.” • “Strategic Objective 1 - Connectivity and Mobility: Strengthening the strategic Metropolitan Association for Sustainable Development of Public Transport Brașov – The geographic position of the BMA by developing an intermodal transport node connected BMA also has the role of regulating and signing public service contracts in the field of metropolitan to regional functional areas and unique natural landscapes. public transport and has supported the creation of the IDA Metropolitan Association for Sustainable Public Transport in Brașov. IDA has assumed the role of a Metropolitan Transport • Strategic Objective 2 - Innovation, Entrepreneurship and Human Capital: Attracting Authority with a view to setting up, organizing, regulating, operating, monitoring, and jointly companies to the BMA and supporting the development of existing ones in innovative managing the public transport service within the competence of the member administrative- fields that drive professionalization and diversification of the labor market. territorial units, as well as jointly developing some public investment projects of zonal or regional • Strategic Objective 3 - Quality and Lifestyle: Attracting residents and eliminating interest intended for the establishment, modernization and / or development, as the case may urban-rural disparities through land planning, rehabilitation of the built environment and be, of the public utilities systems related to the public transport sector. increasing the quality of public services. Currently, 16 TAUs are members of the IDA Public Transport, including the BMA, with five of them • Strategic Objective 4 - Tourism: Attracting visitors by capitalizing on the natural, built operational (Brașov, Cristian, Ghimbav, Sânpetru, and Bod). Transport licenses were assigned and cultural heritage, supported by conservation / promotion measures. by the BMA in January 2019 for Brașov and Cristian following the signing of public service • Strategic Objective 5 - Public Management in Partnership with Citizens: Strengthening, contracts at the end of the year. For the other three operational routes, the transport licenses diversifying and expanding the territorial partnership, supported by increased management are active starting July 2019, after the expiry of the previous contractual obligations. At least capacity at the level of the BMA and of the member local administrations.”48 10 other TAUs in the Metropolitan Area of Brașov are expected to be covered within the public metropolitan transport network. The members of the IDA Brașov Metropolitan Agency are: Brașov City, Brașov County Council, Public transport services are operated regionally by R.A.T. Brașov, which has also been involved Săcele Municipality, Codlea Municipality, Rasnov Town, Ghimbav City, Predeal City, Zarnesti as a partner in the development of the Sustainable Urban Mobility Plan for the Growth Pole Town, Sânpetru Commune, Hărman Commune, Prejmer Commune, Tarlungeni Commune, Bod of Brașov. Currently, the two organizations are working together to improve urban mobility in Commune, Hălchiu Commune, Cristian Commune, Crizbav Commune, Feldioara Commune, Vulcan Brașov and extend the local public transport services throughout the metropolitan area. Commune, and Budila Commune. BMA IDA in the context of financial instruments: Examples of multi-jurisdictional cooperation The Urban Development Fund (UDF) Establishing intercommunal development associations (IDAs) managing In 2008, Brașov was designated by government decision among the seven national growth poles public utility services (Brașov, Cluj-Napoca, Constanța, Craiova, Iaşi, Ploiești, and Timișoara) eligible for dedicated financing through European and national programs. As such, between 2007-2013 a total fund of The Brașov Metropolitan Agency was the initiator of the projects that generated the structures 74.30 million euros was allocated for the national growth pole Brașov. for the development of intercommunal associations for the development of associations in the field of utilities, in accordance with regulation (EC) number 1370/2007 of the European In this context, the Brașov Metropolitan Agency has assumed an active role in analyzing the Parliament and of the Council. Once they become operational, the IDA collaborates with the opportunity for a pilot revolving financial mechanism using structural funds within the JESSICA BMA, particularly at the level of the metropolitan sector strategy developed by the Agency. (Joint European Support for Sustainable Investment in City Areas) initiative, which incorporates financial instruments as an urban development support tool. The financial instruments are Intercommunal Development Association ISO Environment - The ISO Environment / ISO envisioned as a way of diversifying and increasing public funding efficiency, complementing the Mediu Intercommunal Development Association in the field of sanitation of settlements was set grant-based utilization of EU structural funds. Using UDF is also aimed at promoting a shift in up as a private legal entity with a public utility status in 2011. The association is constituted for mentality within the public institutions previously dealing only with the distribution of grants the purpose of regulating, establishing, organizing, financing, exploiting, monitoring, and jointly towards an approach based on cost efficiency and the generation of income from investments, managing (hereinafter referred to as the “service”) within the competence of the administrative- as well as increased openness in dealing with private investors as partners. territorial units, as well as the joint realization of public investment projects of regional or local interest for the establishment, modernization and / or development, as the case may be, of the The BMA benefitted from an opportunity analysis for establishing an Urban Development Fund public utilities related to the service on the basis of the Service Development Strategy (hereinafter (UDF) within the JESSICA49 initiative (Joint European Support for Sustainable Investment in referred to as the “development strategy”). 49 The JESSICA concept was developed by the European Commission with the European Investment Bank, in collaboration with Association for Intercommunal Development in the Water Sector of Brașov County - The the Council of Europe Development Bank (CEB) for the 2007-2013 programming period. Within the JESSICA initiative (2007- purpose of the association is to jointly develop regional development projects in the field of 2013), member states were given the option of using part of their structural funds allocation to make repayable investments in urban development projects, part of an existing or developed integrated plan for sustainable urban development. These drinking water and wastewater. The association also monitors the fulfillment of the obligations investments were set to be deployed through urban development funds and, if required, holding funds. Such instruments may take the form of equity or quasi-equity investments, loans or guarantees, or other risk-sharing instruments, and may, where appropriate, be combined with grants. 48 https://www.metropolaBrașov.ro/strategii-si-programe-de-dezvoltare/strategie-de-dezvoltare-urbana/ 120 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 121 City Areas, 2007-2013). The financing was intended to make more efficient use of the Regional Based on the study’s findings, scenario one was recommended for implementation, with the Operation Program 2007-2013, Axis 1- Growth Poles fund, with resources being returned to the following benefits to the main stakeholders: JESSICA Fund from investments undertaken by it. • Local authorities and subsequently for local communities in Brașov the metropolitan As first step towards implementation of this type of financial instruments in Romania, the Brașov area by establishing a mechanism of provision of long-term financing for urban Metropolitan Agency was a partner in the URBACT II – JESSICA FOR CITIES project between regeneration projects, by attracting additional resources (both financial and human) 2008 and 2010. Its objective was to analyze the opportunity to finance urban development from the private sector for urban infrastructure development; projects through urban development funds in the Brașov region using the financial instrument • Management Authority from Regional Operational Program by providing it with a JESSICA (Joint European Support for Sustainable Investment in City Areas). The lead partner of model for financing through revolving mechanisms. A model that can be built based on a the project was the ERDF Managing Authority Tuscany Region (Italy) and Brașov was a partner “learning by doing” exercise undertaken in the Brașov region, that can be easily replicated along with the cities of Poznań (Poland), Manchester (United Kingdom), and Porto (Portugal). (if successful) at a later stage in the other growth poles in Romania. Moreover, the “The objective of the WG is to determine, in close cooperation with EIB, how in practice outcomes and results of the resources allocated to the Regional Operational Program European cities can draw the maximum benefit from UDF and JESSICA and conversely how will be significantly increased; the implementation of JESSICA can be structured having regard to existing Structural Fund • Central authorities in charge of programming for the next financial exercise regulations to best accommodate the needs of cities.”50 between 2014-2020, by providing them with a pilot mechanism, on which valuable Proposed scenarios for UDF implementation conclusions and data may be drawn for building experience for subsequent JESSICA In 2010, the European Investment Bank (EIB) contracted Deloitte Romania to perform a JESSICA type of mechanisms; Evaluation Study for Brașov Region (Romania), resulting in a shortlist of pilot projects with a • Private project promoters, the opportunity to access structural funds and establish potential to generate revenue meeting the eligibility criteria for JESSICA financing (in some cases, closer working relationships on using loans and equity to invest in economic development the projects’ scope had to be adapted accordingly). The revenue generating projects proposed by with the public sector on a trial basis.52 Brașov Metropolitan Agency that were evaluated were included in two categories: • Rehabilitation of urban infrastructure and the improvement of urban services (parking, In terms of the UDF structure setup, the evaluation also helped with ranking the best solutions. roads, buildings, and other urban infrastructure); and While not required, opting for the EIB as a holding fund manager has the advantage of avoiding time-consuming public procurement procedures, so the fund can become rapidly operational, • Sustainable development of business environment (business centers for economic while also enabling access to EIB’s strong technical knowledge and experience in implementing development and innovation)51 financial instruments for urban development. In this capacity, it assists the managing authorities in organizing the procedures for selection of the UDF managers. The evaluation study also included the options for deploying a JESSICA Structure in the Brașov region, detailing three possible scenarios: “In the opinion of ACSF the most feasible and efficient architecture for JESSICA 1. The first scenario involved the implementation of a EUR 20 Million JESSICA pilot fund implementation in Romania would be the following: in Brașov using resources of Priority Axis 1.1 of the ROP 2007-2013. EIB acts as Holding Fund Manager; EIB already has a memorandum of understanding with EC for management of such financial engineering instruments (it permits appointing 2. The second scenario was built on the re-allocation of all funds to a JESSICA structure the EIB directly as fund manager and is a quick process compared to the standard and pilot UDF within the 2007-2013 programming period from less successful areas of public procurement process), the necessary expertise and a preferred relationship with the operational programs (OPs). This option is very similar to scenario one but would EC bodies. The MA would define for the HF a functioning scheme in accordance with have drawn greater amounts of funding from other OP priorities, while also bearing the requirements set by Regional Operational Program. The scheme would need the a higher risk, as the absorption of EU funding in Romania on a national level will be careful ex-ante verification by the EC against the State Aid rules and even the ex-ante directed much more to the success of the UDFs. verification of the Competition Council; 3. In the third scenario, technical assistance was to be provided during the 2007-2013 A bank or other private financial institution would be the best option for ensuring the programming period, with the implementation of the JESSICA UDFs from 2014 onward, management of the UDF, developing fund mechanisms as per the clear and strict without a pilot transition such as envisioned under scenario number one, which would instructions from EIB; the financial intermediary will also collaborate with the growth mean missing out on a “learning by doing” opportunity for local authorities to see the pole coordinator.”53 benefits of recycling investment funds first hand. 50 https://urbact.eu/jessica-4-cities 52 JESSICA Evaluation Study for the Brașov Region (Romania) – Final Report, December 2010 51 JESSICA Evaluation Study for the Brașov Region (Romania) – Final Report, December 2010, p. 98 53 JESSICA Evaluation Study for the Brașov Region (Romania) – Final Report, December 2010, p. 97 122 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 123 As for the UDF managers, the common option is to select financial institutions based on a • The quorum of the Assembly implies the presence of a simple majority of the members, and procedure set by the EIB. The candidates are requested to submit an expression of interest, as well the decisions will be taken considering the votes of the majority of the members present as a business plan and investment strategy, describing what type of financing they will provide: • The censors perform the internal financial control of the association loan, equity or guarantees. The banks are commonly the UDF fund managers, but the UDFs can be managed by consortia of institutions demonstrating experience in fund management The aim of the AIDA is regional and subregional social and economic development based on (financial institutions and technical specialists). responsible and high-quality actions, sustainable from the financial, human capital, and institutional point of view. According to its statute, the association has 11 strategic objectives, Within this framework, the role of the BMA was envisioned in terms of providing strategic as follows: direction and documentation as the initiator and supporter of the UDF, rather than being involved in a private-public partnership arrangement. 1. The provision and development of the local and regional territorial infrastructure; 2. Economic development based on competitiveness and job creation; The BMA has had an active role in promoting financial instruments in terms of public funding diversification and increasing utilization efficiency, by submitting a proposal to the government 3. Sustainable rural development; detailing the advantages of developing financial instruments managed through EIB based on 4. Capitalizing on the anthropic and natural tourism potential of the associated local structural funds. The proposal was drafted in May 2018 with a scope of application for the 2021- communities; 2027 programming period: 5. Environmental protection and ensuring sustainable human habitats; “The concrete proposal is to design and implement investment funds such as: 6. Energy efficiency and promoting green energy; • urban development funds at the level of county seat as a loan instrument • national capital investment fund, as a capital instrument, to finance the capital of 7. Human resources development and capitalizing on the ethnic, linguistic, and religious diversity; public companies for projects (e.g.: highway company, high speed railway infrastructure 8. Promoting the local cultural and artistic values, preserving the identity and capitalising company etc.).”54 on the local communities’ traditions and customs; As of now, measures have not yet been undertaken to implement the proposed investment funds 9. Improving the regional and local educational, social, and health infrastructure; due to several reasons, mainly linked to the risks involved and the lack of experience with this 10. Promotion and continuous affirmation of the participatory democratic values of type of instrument. European citizenship; 11. Affiliation and partnerships’ development, regional, national, and international cooperation with non-governmental organizations, organizations of local or central Alba Iulia Metropolitan Area administrations, universities, economic agents, employers’ organizations, trade unions, cultural, and worship organizations. Alba Iulia, together with 10 neighboring localities (eight communes – Vințu de Jos, Sântimbru, The territory covered by AIDA is also particular, covering a polycentric urban system consisting Ciugud, Ighiu, Galda de Jos, Cricău, Berghin, Meteș, one city – Sebeș, and one town – Teiuș) of Alba Iulia, Sebeș, and Teiuș. The Alba Iulia – Sebeș relationship is particularly important, as the and the Alba County Council established the Alba Iulia intercommunal development association two cities are complementary. Since 2004, Alba Iulia has focused its investments in increasing (AIDA) in 2007. the quality of life and attractiveness through urban regeneration and the refurbishment and valorization of the Alba Carolina Citadel - the best preserved and largest fortress in Romania Alba Iulia is an atypical case study compared to the aforementioned metropolitan areas, as it and in southeastern Europe. Hence, the city leveraged its profile both as a residential and tourist is nor a growth pole nor a development pole, and there were no compulsoriness or incentives to destination and registered an upward demographic trend. Sebeș, on the other hand, lays at the establish a metropolitan or functional urban area. Although its mission is similar to those of the intersection of two national roads of the highest importance - DN1 Bucharest-Brasov-Sibiu- IDAs described above, AIDA has a different governance structure and is not often referred to as Cluj-Oradea and DN7 Bucharest-Piteşti-Rm.VâlceaSibiu-Deva-Timişoara - at the intersection a metropolitan IDA, but as an intercommunal association. The statute and governance structure of two sections of the existing and future motorway (Piteşti-Sibiu-Deva-Timişoara-Arad and of AIDA are similar to generic associations in Romania: Sebeş-Turda-Oradea), and in the proximity of the Pan-European railway corridor IV. This high accessibility has attracted significant domestic and foreign investors, turning Sebeş into a • The General Assembly of the Associates is the governing body of the association constantly developing economic center, despite its small demographic size (24,165 inhabitants in • The Board of Directors is the executive body of the association and is headed by a president the population and housing census of 2011), attracting workforce from the neighboring localities, including Alba Iulia (15 kilometers distance), and contributing to the economic development of • General assembly of the associates meets for yearly ordinary meetings or when requested the intercommunal territory. by the Board of Directors or the Commission of Censors In this context, AIDA is a catalytic entity for interjurisdictional strategic planning, project development, and implementations, as well as for partnerships’ development, working together 54 Proposalon financial instruments implementation for the 2021-2027 programming period submitted by the Brașov Metro- politan Agency to the Romanian Government, May 2018 with universities, clusters, and private partners. 124 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 125 Benefits of metropolitan coordination Based on the experience of AIDA, the Intercommunal Development Association for Public Transport (AIDA –TL) was created in order to manage the metropolitan public transport. The territorial coverage of AIDA-TL includes Alba Iulia and seven surrounding communes: Ciugud, 1. Increased capacity for attracting funding and portfolio diversification – as an Sîntimbru, Intregalde, Galda de Jos, Cricău, Ighiu and Mihalț. The territory is referred to as “the NGO and an association of public authorities, AIDA is eligible for a diversity of funding metropolitan area of Alba Iulia”57 and includes a smaller area than the one originally defined by programs (the Human Resources Operational Program, the Administrative Capacity AIDA. One of the reasons is that some localities were not able to join when the system was Operational Program, URBACT, INTERREG etc.). In this context, AIDA has been launched in 2012, as their public transport contracts were still in force. Another reason was that implementing several projects with metropolitan impact, covering diverse fields including some localities were not interested in metropolitan public transport due to their demographic economic and entrepreneurship development, city marketing, smart cities, heritage, profile (lower population, aging. etc.) and low commuting flows. However, new members may urban and metropolitan mobility, tourism etc. Project development and participation adhere to the system at any time. in international networks are some of AIDA’s strengths, promoting the intercommunal territory at the international level and attracting international expertise to the city and The metropolitan transport was introduced in September 2012, with an initial contract duration its surroundings. of 6 years – which is in the process of being renewed, thanks to its good results. Therefore, the Alba Iulia metropolitan area benefits from integrated public passenger transport (single 2. Technical and administrative capacity – AIDA has been developing a young and highly- information service, single ticketing scheme, and single timetable) and public service obligation qualified team specialized in strategic planning, project development and implementation (PSO) in accordance with the regulation (EC) 1370/2007 on public passenger transport services and attracted several international experts (e.g. Jahn Gehl) to the city, contributing to by rail and by road. The main steps in establishing the system consisted of: 58 an increased technical and administrative capacity at the local level. This was also supported by the numerous knowledge and experience exchanges organized within the 1. The association of local administrations (local councils) in 2008, aimed at the establishment, transnational projects (e.g. URBACT). While these projects targeted predominantly the organization, regulation, operation, monitoring, and management of the local public transport core city, several metropolitan strategic planning efforts (general strategy, mobility under a single authority (AIDA – TL); planning, and social development strategy) included all the partners within the IDA. 2. AIDA-TL authorization to exercise local public transport services according to Romanian law; 3. Integrated multi-jurisdictional planning – from its early beginning, AIDA was involved 3. Open public tender for the selection of the public transport operator and the definition of in intercommunal strategic planning. The IDA developed an integrated sustainable the contract for public transport as a public service; and development strategy and a social services strategy for the entire area, financed by the 4. Contract approval and delegation of power for AIDA -TL to sign the contract on behalf of Social European Fund through the Administrative Capacity Development Operational the local administrations. Program in the 2007-2013 programming period. More recently, Alba Iulia and seven of its surrounding communes (members of the Alba Iulia metropolitan public transport IDA) In practice, having a metropolitan public transport system means that: were the pilot territory for metropolitan mobility scenarios.55 • Routes are touching all points of interest in the city and in all the urban transport stations; 4. Integrated capitalization of local resources – Alba Iulia is at the forefront of city and territorial marketing and branding in Romania, and a recognized good practice city at • Reduced travel times and improved transshipment; the European level,56 implementing a brand strategy, a brand manual. and a long-term • Public Transport (PT) is performed only by urban buses (the first effect: quick transfer brand development strategy. While the brand is based on the strong image and character of passengers at points of boarding on the crowded routes); of the Alba Carolina citadel, the marketing efforts have had a regional effect, setting the • Each local council member of the AIDA - TL can approve its own schedules and has starting point for an intercommunal strategic approach on tourism development. the decision on introducing new routes; it is also possible to adapt the transport capacities (whenever the situation requires and with an immediate effect for users), by a simple decision of the local council; AIDA in the context of attracting EU funds - The first • For all routes of AIDA - TL (42 lines) there is a single schedule with integrated timetables integrated metropolitan transport system in Romania for reduced travel time, and interconnected, better coordinated, transshipments were analyzed for the first time by a single authority; Alba Iulia was the first metropolitan area to introduce integrated metropolitan public transport • The use of intelligent transport systems (ITS) offers adequate information before and and contributed to the consolidation of the national legislation on the delegation of the local during the journey (panels displaying the arrival times, voice - box, billboards, dynamic public transport service management. displays inside the bus etc.); 55 http://www.interreg-danube.eu/approved-projects/chestnut/outputs 57 http://www.stpalba.ro/transport_metropolitan.php 56 https://urbact.eu/city-branding-making-invisible-visible 58 STP - The Public Transport Company of Alba Iulia, Smart Move in the Metropolitan Area of Alba Iulia (Presentation) 126 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS EXAMPLES OF INTERJURISDICTIONAL COOPERATION IN URBAN AREAS IN ROMANIA 127 • Each member of AIDA-TL approves its rates for their own routes, in connection the real environment, selecting the most valuable and easy to develop solutions, developing a with the conditions of transport which they request; each community and local deployment and management team in a new technological field and sharing knowledge with authority can monitor and sanction the service provided; other cities that addresses projects of intelligent development. • Seven tariff zones were established around the city of Alba Iulia, properly arranged by the geographical and administrative criteria; While most interventions are concentrated in Alba Iulia, some pilots (e.g. sensors for measuring air quality) show applicability on the metropolitan scale. A potential direction for smart metropolitan • The ticket is valid for 60, 70, 90, or 120 minutes, depending on the tariff; the ticket is valid development would be the establishment of intelligent management centers at the level of for at least 30 minutes inside the tariff number 1 zone (Alba Iulia); the passenger can use functional urban areas, collecting and managing data from combined sources – e.g. sensors, any means of transport without paying a surcharge. metropolitan transport ITS, public institutions’ databases etc. The transition from the county transport system to the metropolitan public transport had immediate effect in terms of increasing the number of passengers. After the implementation Risks and constraints hampering interjurisdictional using public of the existing local public transport system in Alba Iulia, the number of journeys ​​ transport between Alba Iulia and the metropolitan territory (tariff zones 2-7) increased by 43% cooperation in the first month of operation. 1. Regulation and funding for interjurisdictional cooperation – at national level, interjurisdictional cooperation and the development of large, metropolitan projects are Other examples of multi-jurisdictional cooperation not supported. From the planning and regulation point of view, Romania does not have a national policy supporting metropolitan cooperation, especially in the case of those cities Strategic planning – through its projects, AIDA developed integrated strategies and plans for which are which are neither growth poles nor development poles. Regarding funding, the the entire territory of the intercommunal partnership. Joint planning had an important role in lack of integration and mismatches between national programs and European funding, establishing the dialogue between, and increasing the technical and administrative capacity together with land and infrastructure ownership regime, and the presence of supra- of, the AIDA’s members. It is foreseen that planning for the next programming period will be regional actors with jurisdiction over the territory (e.g. Romanian Waters, the National conducted at metropolitan level, by accessing dedicated funding for technical assistance from Company for the Management of Road Infrastructure, etc.) hampers metropolitan the operational programs. projects development. Moreover, even in the cases when a metropolitan approach was imposed by the operational programs (e.g. integrated urban development plans, Social development – since its beginning, ADIA has been concerned with the social development and strategies), the funding covered punctual projects, instead of integrated strategic of its member communities. This was approached from the planning phase – e.g. through the metropolitan interventions. Strategy for social development of member communities in the Intercommunal Development Association Alba Iulia, all the way to action planning and pilot projects – for example, within the 2. The quality of human resources training and the lack of key resources in local public URBACT II project NODUS (Linking Urban Renewal and Regional Spatial Planning), Alba Iulia administration – Interjurisdictional cooperation requires multidisciplinary teams able chose to lead a pilot project in a neighborhood, carrying out a detailed sociological and statistical to collaborate between localities. This is often hampered by the inequalities between study that was followed up with initiatives defined jointly with inhabitants, in order to stem the technical and administrative capacity of the core city (cities) and the rest of the rising urban insecurity. members of the IDA, especially when it comes to innovative projects and activities. Hence, capacity building support at metropolitan level should be considered. Also, the Economic development and entrepreneurship – human resources development (e.g. integrated salary level and responsibility make the key positions in local administration (chief qualification programs in tourism and professional counseling for the unemployed citizens), architect, senior engineers to supervise construction work, etc.) less attractive compared fostering entrepreneurship and the establishment of a business incubator (e.g. We build to the private environment, which requires a strategy for talent attraction and retention. responsible entrepreneurs for sustainable development, funded by the Human Capital Operational Program 2014-2020), territorial marketing and branding (e.g. City-as-a-Startup, City branding 3. Political instability – the lack of a majority in the local councils in favor of interjurisdictional strategies & smart city technologies, funded by the URBACT III program) are part of Alba Iulia cooperation and/ or specific metropolitan projects, and the rivalry between one or some and AIDA’s strategy for socio-economic development. Similar to Oradea metropolitan IDA, AIDA of the localities in the interjurisdictional partnership and the county council can result in is a champion of implementing interjurisdictional strategies through attracting and combining bottlenecks in multi-jurisdictional planning and project development and implementation. funding from different sources, due to a flexible structure and approach. Metropolitan areas and intercommunal partnerships need a technical pragmatism and cross-party support, regardless of their political leadership at a certain moment. Smart metropolitan development – Alba Iulia Smart City 2018 is a pilot project developed based on collaborative partnerships, bringing together governmental institutions (Ministry of 4. Co-funding capacity for metropolitan projects – The limited availability of financial Communications and Information Society), the local administration (City Hall of Alba Iulia), liquidity and the high degree of indebtedness of some localities hamper their capacity to research institutions, universities, companies, associations, and citizens. Partner companies get involved and co-fund metropolitan projects. This should be analyzed and considered implement and test multiple smart solutions at a small scale, while the local administration when designing the next programming period. provides the necessary infrastructure and support. This approach allows testing solutions in 128 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS Conclusions on interjurisdictional cooperation in urban areas in Romania The analysis of the seven examples of interjurisdictional cooperation in urban areas in Romania shows a general interest in cooperation and metropolitan development, which takes different forms due to a flexible legislative framework and a decreased role of metropolitan IDAs during the present programming period. The 2007-2013 programming period supported the establishment, development, and implementation of metropolitan IDAs, requiring growth poles to implement metropolitan integrated urban development plans. While the funded interventions were mostly punctual, this was an important period for the technical and administrative development of the metropolitan IDAs, as they were involved in planning, project development and implementation, monitoring, and evaluation. IDENTIFICATION OF The 2014-2020 period, on the other hand, has been a period of adaptation and reinvention; the IDAs had to find new ways to pursue their metropolitan development goals and to remain FUNCTIONAL URBAN AREAS IN ROMANIA active, in the context of decreased funding availability from the operational programs. In most cases, this led to a shift in financing resources and activities. For example, in the case of Cluj, most current projects are related to knowledge exchange, experience sharing, capacity building, small scale interventions, and R&D. The Constanța Metropolitan area has continued to support its members, especially by providing technical and administrative assistance. Iași reduced its activities’ volume and focused on assistance provision and fostering cooperation for the establishment of the metropolitan public transport association, and ensuring the functionality of the technical secretariat of the urban authority. The Ploiești metropolitan cooperation activities are also limited. Oradea, Brașov, and Alba Iulia pioneered metropolitan cooperation innovative initiatives (urban funds, intercommunal partnerships and competencies delegation, etc.) and OMA and AIDA are examples of cooperation frameworks that implement interjurisdictional strategies through attracting and combining funding from different sources. Overall, metropolitan IDAs have been implementing projects with metropolitan impact, in parallel with those implemented by TAU members, covering areas such as capacity building, human resources development, strategic planning, socio-economic development etc. However, these projects can seem sometimes opportunistic (determined by funding availability) – e.g. creating several different planning documents that are later not pursued, rather than pursuing steps in the implementation of an interjurisdictional strategy. Therefore, a challenge for the next programming period will be to set medium- and long-term metropolitan goals to be pursued using different funding sources and instruments and establishing partnerships (e.g. PPP). Nevertheless, long-lasting metropolitan/Intercommunal IDAs have managed to develop highly qualified teams with planning, project development and implementation abilities that can be capitalized on in the interest of metropolitan partners. Common issues hampering Intercommunal cooperation, as claimed by the IDAs, include: the lack of political support for metropolitan development, limited access to funding, and financial capacity, challenges in relation to joint decision making, and the limited responsibilities/competencies of the IDAs according to law and the current operational programs. With regard to the future, IDAs emphasize the need for the much stronger role of metropolitan IDAs in coordinating the development of the intercommunal territory, as well as in being responsible for an integrated process of strategic planning and implementation that can facilitate a greater correlation between metropolitan measures, actions, stakeholders, investments, and challenges. IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 131 In order to better understand the issues affecting metropolitan and functional urban areas in Romania and to identify possible intervention directions, the following figures look at the correlations between FUAs and metropolitan areas, and the accessibility to services of general interest, and the overlapping with areas with significant natural resources. Then, the correlation between the population growth in the core cities and the urban sprawl looks at the sustainability of urban and metropolitan development in the county capital metropolitan areas/ FUAs. FIGURE 4. Metropolitan areas and Functional Urban Areas in Romania Source: ESPON PROFECY, 2017 132 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 133 FIGURE 5. FIGURE 6. Metropolitan areas and territories with reduced accessibility to regional centers and services of general interest Metropolitan areas and protected natural areas in Romania Source: ESPON PROFECY, 2017 Source: ESPON PROFECY, 2017 There is no direct correlation between the inner peripheries as defined by the ESPON PROFECY A main concern for sustainable metropolitan development is the uncontrolled expansion of urban study and the metropolitan areas. The main reason for this is that the inner peripheries are and surrounding peri-urban areas. Urban sprawl is an already well-known issue in Romania, mostly generated by access to facilities and regional centers, which is not an issue in the case although mechanisms to combat this problem are still missing or inefficient. Even though of metropolitan areas. Inner peripheries are, in this case, generated by a lack of polycentricity. metropolitan areas would be the most efficient institutional instrument to fight uncontrolled However, using the IDAs could be a good option to provide services in non-metropolitan regions, development, as the local authorities have autonomy in terms of urban planning and zoning, while strengthening to the TEN-T network (core and comprehensive) would greatly enhance limiting their development is still difficult. Metropolitan spatial development plans (PATZM) could access to the regional centers. coordinate metropolitan territorial development projects and, to some extent, limit urban sprawl. The fact that general urban plans are not updated regularly has a negative impact on controlled Most metropolitan areas include significant natural areas (natural reservations, Natura 2000 and harmonious development. sites, etc.). They are used by inhabitants from all over the metropolitan area and sometimes also tourists. Therefore, they don’t remain a local asset or facility. These assets can be capitalized on at metropolitan level, thus ensuring a more efficient promotion, as well as more resources for their revitalization and protection (the Brașov metropolitan area and the Muntele Tâmpa and Stejerişul Mare protected natural areas). 134 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 135 FIGURE 7. FIGURE 8. Population growth (%) in county capitals in Romania Urban sprawl of county capitals in Romania (alphabetical order) -10,00 0,00 10,00 20,00 30,00 40,00 50,00 Zalău Vaslui Tulcea Timișoara Târgu Mureș Târgu Jiu Târgoviște Suceava Slobozia Slatina Sibiu Sfântu Gheorghe Satu Mare Reșița Râmnicu Vâlcea Ploiești Pitești Piatra Neamț Oradea Miercurea Ciuc Iași Giurgiu Galați Focșani Drobeta-Turnu Severin Deva Craiova Constanța Cluj-Napoca Călărași Buzău București Brașov Brăila Botoșani Bistrița Baia Mare Bacău Arad Alexandria Alba Iulia % 2006-2018 % 1992-2006 Source: INSSE, TEMPO database 136 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 137 138 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 139 140 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS IDENTIFICATION OF FUNCTIONAL URBAN AREAS IN ROMANIA 141 Source: Corinne Landcover - CLC CONCLUSIONS AND RECOMMENDATIONS on the prospects for a metropolitan approach and interjurisdictional cooperation in Romania CONCLUSIONS AND RECOMMENDATIONS 145 The following table provides an overview of the process of developing interjurisdictional cooperation from a comparative perspective between Romania and the EU countries from which examples of interjurisdictional cooperation were analyzed in the first chapter. Based on the case studies’ findings, the comparative analysis provides a starting point for the formulation of recommendations on strengthening the local government capacity in Romania in order to foster interjurisdictional cooperation. Main features of interjurisdictional Main features of interjurisdictional cooperation in EU countries cooperation in Romania A clear legal framework, adapted to the administrative A permissive, but incomplete legal framework, which does not systems, evolved and matured over time, that supports a directly address interjurisdictional cooperation and creates variety of models for interjurisdictional cooperation, and room for misunderstandings and misinterpretations. local government associations. The existence of European policy for territorial cohesion, and The existence of European policy for territorial cohesion, EU funding for the growth poles, development poles, and of national strategies and regional policies that facilitate program-based partnerships (ITI, CLLD). interjurisdictional cooperation. This has found expression in domestic urban policies. Lack of specific national and regional urban development policies with clear provisions for interjurisdictional cooperation. A STABLE AND WELL-ESTABLISHED SPATIAL PLANNING REGIME. An evolving spatial planning environment characterized by gaps and overlaps. Decentralized local government, where local authorities Ongoing decentralization process, where some local have enough competencies to explore opportunities for new competencies are either unclear, or are not supported by projects and for various institutional cooperation models. financial resources. Access to dedicated EU funding, as well as national co- Sustainable financial resources due to not only reliance on financing for the implementation of EU funded projects. EU funding but also the contribution by national/regional levels toward interjurisdiction partnerships/institutions. Lack of incentives for using EU funds in interjurisdictional cooperation projects. Long history of cooperation, with models and structures Recent experience with interjurisdictional cooperation, mainly that have evolved over time, based on incremental triggered by the EU policy and funding (earlier attempts experiences (from single-purpose associations providing of metropolitan cooperation had not led to an effective public services to complex metropolitan entities) cooperation). Varied levels of political support for interjurisdictional Well established human resource capacity for the cooperation and inconsistent capacity support and attention management of interjurisdictional cooperation and matured to building and deploying sufficient management and organizational culture for cooperation and participation. technical skills. 146 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS CONCLUSIONS AND RECOMMENDATIONS 147 Interjurisdictional cooperation is necessary to achieve more advanced levels of territorial the metropolitan IDAs also play a significant support function for the core cities and development, establish synergies, and increase resource efficiency. However, in order to achieve surrounding localities. For example, in Constanța, the metropolitan area routinely provides these benefits requires investment and adequate local capacity. The present day complex assistance to the city of Constanța with key investment projects, the Iași Metropolitan economic and social dynamics demand interjurisdictional cooperation because administrative Area is a key factor in planning and supporting the implementation and monitoring of boundaries never perfectly conform to the local development dynamics and needs. By-and-large, the local strategies. countries that have a higher level of decentralization, also have a higher level of interjurisdictional The discernible progress made by IDAs needs to be further enhanced through two key cooperation, as local administrations have to figure out how to address development challenges, national interventions: i) elaboration of a national urban policy that charts a clear growth rather than relying on the central government. path and defines the role of different urban conurbations; and ii) as part of a suite of instruments to implement the urban policy, a reconsideration of fiscal instruments to From a decentralization point of view, Romania is a mixed bag. Overall, the country is fairly reduce the reliance on EU funds. centralized, having only counties and local administrations at the subnational level. Counties have relatively small budgets and limited attributions, so the impact of their interventions is • Keeping members engaged. While there are a number of metropolitan areas that limited. Local administrations, on the other hand, have a relatively high number of responsibilities have managed to thrive even without EU funds, there are some that have not fared and significant power to make decisions locally (mayors and local councils are directly elected). so well. For example, the Ploiești Metropolitan Area has not managed to keep all its However, municipalities do not have full control of their finances, for instance, a significant share members interested in the partnership. Beyond political partisanship, the sustainability of the budget of local administrations is derived from the personal income tax (PIT) collected of metropolitan areas depends, to a significant extent, on the capacity of the core locally and from the value added tax (VAT). A central government decision to lower the share city administration to provide a platform for discussion and joint planning with other of the PIT (as has happened recently), or the VAT, or to lower the share of the PIT or VAT that member administrations. For example, Constanța Metropolitan Area organizes periodic goes to local administrations, can therefore significantly impact local budgets and medium- and meetings for the member localities, where they tackle joint problems. long-term planning. A long-term and iterative perspective for partnerships building development is required. This includes capacity building measures that are devised to support metropolitan IDAs This creates a climate of uncertainty in which few local administrations are willing to take in the formative years. Building administrative and technical capacity allows core cities on ambitious long-term investment projects. For the most part, local administrations have to demonstrate that membership in the IDAs add value to the member municipality. focused on small, upkeep-types of interventions that are typically undertaken within one-year Additionally, the risks of project failure can be minimized. Capacity building efforts should budget cycles. EU membership has dramatically changed the investment opportunities for local pay specific attention to projects that have demonstrable value to a large number of administrations in Romania as they now have access to large grants for public investment. constituting members. Access to these grants has however been conditioned on local administrations preparing long- term plans, on strengthening local capacity, on citizen and stakeholder engagement, and on • More ambitious set of responsibilities. For the 2021-2027 programming period, it is starting development partnerships. important that EU funds are deployed more strategically, in response to well-articulated integrated urban development strategies, to encourage metropolitan IDAs to assume a Romanian interjurisdictional partnerships have evolved over the past two programming progressively higher set of responsibilities. Examples of more successful metropolitan periods. However, they have on occasions not functioned as effectively as possible. Some of IDAs in Romania indicate that strategic incentives strengthen the efficacy of these the metropolitan IDAs were formed shortly before, or after the commencement of the 2007- interjurisdictional associations. To further advance this in the 2021-2027 programing 2013 programming period as a requirement to access EU funds. However, this report has shown period, a clear role for the metropolitan IDAs in the funding programs’ planning and that far from being entities geared only towards accessing EU funds, metropolitan IDAs have implementation phase needs to be defined. Nevertheless, the development of the IDAs started to respond to their distinct development needs – a trend which should be encouraged.59 is very much influenced by the territorial decentralization process, with transfer of the The following elements could be considered to further stimulate metropolitan—wide and further competencies and financial power, which would contribute to the IDAs’ sustainability. interjurisdictional partnerships in Romania: Furthermore, differences in terms of capacity, experience, and ambition dictate that the approach to IDAs acquiring further responsibilities should be iterative. This would • Going beyond EU funds. While many of the existing metropolitan IDAs were started as allow more advanced IDAs to take a leading role whilst others can catch up in the a vehicle to access EU funds, virtually none have EU funds as their raison d’être – and programming period. that is critical for their sustainability. The majority undertakes projects that are not Interjurisdictional cooperation and joint initiatives should be better provided for, and financed from EU funds, for instance, the Oradea Metropolitan Area has undertaken anchored in, a legal framework that allows for a design of the funding programs a number of cross-jurisdictional investment projects, and has set-up a revolving fund that addresses the challenges faced by local municipalities. Some of the provisions for the members of the metropolitan area; the Constanța Metropolitan Area provides a platform for joint planning and investments for the member administrations; the that need to be directly expressed include: the need for integrated planning, program Cluj-Napoca Metropolitan Area has invested in complex social inclusion challenges; the conceptualization and project implementation in key sectors, such as connectivity, social Alba Iulia Metropolitan Area, although it is one of the smallest in Romania, is also one services, education, health etc., focusing on strategic metropolitan projects rather than of the first to have organized public transport at the metropolitan level. In most cases, punctual interventions. The role of the IDAs in developing / implementing / monitoring / and evaluating these types of intercommunal projects needs further reinforcement 59 It through legal frameworks and cultural change which will allow iterative and context is important to also note that the water & wastewater and solid waste management IDAs had a similar genesis and have managed to function quite efficiently in recent years specific changes. 148 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS CONCLUSIONS AND RECOMMENDATIONS 149 • Unitary integrated planning framework. During the 2007-2013 and 2014-2020 self-evaluation and reporting capabilities. Institutional support should be tailor-made programming periods, the main metropolitan strategic planning documents (PIDPC with more attention given to developing administrative capacity, creating a proper and respectively SIDU and PMUD) were developed because of the need to comply with legal and regulatory environment, which amongst others, gives these interjurisdictional EU requirements rather than by national planning laws. The ongoing elaboration of partnerships financial certainty. This would also support the IDAs’ financial sustainability the Code of spatial planning, architecture, and constructions is an opportunity to enforce in the short and medium term, as many of them currently depend on the metropolitan metropolitan planning as a national priority, define the conditions and contents of partners’ fees. Particular attention should be paid to establishing a culture of evaluation metropolitan planning documents, and eliminate overlaps between the different levels and learning within each of the IDAs, so that findings are adopted and implemented on and sectors of the planning documents. A strong national rationale would provide a basis a continuous basis. for the EU requirements to be adapted to those in Romania, rather than the other way around. • Legal framework flexibility. The current legal framework in Romania allows for single- and multipurpose interjurisdictional cooperation, as well as for the diversification of Strategic planning at the metropolitan level should continue to play an important role funding sources, including the establishment of urban development funds that could to ensure a successful interjurisdictional cooperation for the growth poles, specifically prompt the development of metropolitan projects. For example, from a public finances informed through a national policy framework. This should be based on a case-by-case law perspective, there are no limitations on the local authorities in their ability to opportunity analysis and its applicability should be considered at the development poles provide equity or in-kind support to UDF funded projects. In terms of equity or in-kind level, as well as in the case of the larger county seats. In this context, the proportionality contribution, the administrative territorial units (the councils as deliberative authorities) of the mechanisms should be carefully considered. The elaboration of the relevant can approve collaborative support or associations for the development of local public documents such as the metropolitan spatial plans (PATZM) and metropolitan strategies works and services. They can decide to: participate with equity or in-kind contributions should be encouraged, funded, and even considered a pre-condition for attracting to create commercial enterprises or public interest services (at the local and county European funds. level); participate in the name and interest of the represented communities with equity or in-kind contributions to create community development associations that could • Funding integration. The concentration of eligible ROP interventions in the core cities, to implement development projects of area or regional interest. While this flexibility is good, the disadvantage of the rest of the metropolitan territory, in the 2014-2020 programming there are instances where regional dynamics are such The IDAs require a more enabling period, contributed, to some extent, to the disengagement of the metropolitan partners, environment with ad-hoc support. the dilution of the IDAs’ roles, and a decreased perceived value added of cooperation. This was also fostered by a limited promotion of complementary funding and projects for An example of this is Iași, which has not been able to progress the establishment of the rest of the metropolitan territory during the planning and implementation phases. a transport authority. In these instances, mechanisms for more direct and hands-on support should be created. This could range from an explicit condition of further Integration, both in terms of planning and funding, should be better addressed during EU financing being the pre-existence of such intervention, (i.e. the pre-existence of a the post 2020 programming period, both by the programs’ guidelines and by the local/ transport authority); and/or in the case of interventions considered and formally declared metropolitan planning initiators. The role of the metropolitan IDAs in strategic planning as strategic interventions of national or regional importance, by governmental decisions, should be recognized and better supported in the legislative and financial framework by, or even normative acts approved in the Romanian Parliament. for instance, allocating funds directly to these IDAs. • Scaling up interjurisdictional cooperation. Sectoral interjurisdictional cooperation could • Integrated public services management. Territorial and functional cohesion in functional serve as a pilot for multipurpose cooperation. For example, the situation of active multi- urban areas could be achieved through the integrated management of public services. municipal territorial cooperation agreements for the current 39 Article 7 municipalities While water supply, wastewater management and waste management cooperation shows cases where localities that are not part of a metropolitan structure established models are regulated at the national level, and have already been implemented at the public transport IDAs. Based on the results of the cooperation, the development of new county or area level, it is important to encourage the development of other integrated activities in different fields could be considered (e.g. social, education, planning etc.). services such as transportation, healthcare, public lighting, and social services, that could be managed by the sectoral IDAs or by the metropolitan IDA and reunited under a Strong and well-functioning metropolitan areas are one of the key ingredients to further enhance holistic strategic plan that would coordinate the development priorities. the Romanian economy. Strengthening these metropolitan areas would require a long-term commitment and multipronged interventions, inclusive of well-targeted EU funds to consolidate • Monitoring and evaluation. Currently, there is no discernible monitoring and evaluation the results achieved so far. Moreover, the 2021-2027 programming period will be an inflexion point, frameworks that assess, monitor, and evaluate the performance and impact of these and a decisive period for putting metropolitan areas in Romania on a sustainable growth path. multi-jurisdictional partnerships. The 2021-2027 programming period’s institutional support component should provide mechanisms that support development of appropriate the KPI’s and build the IDAs’ 150 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS CONCLUSIONS AND RECOMMENDATIONS 151 ANNEX 1. Metropolitan areas in Romania Metropolitan Year of Total Observations regarding the legal form, evolution, partnerships and the Current members Area establishment population60 status of the urban polarizing centre Metropolitan Areas members of FZMAUR (Federation of the Metropolitan and Urban Agglomerations in Romania) Bacău Municipality, Buhuși Town, 241,619 Intercommunal Development Association Bacău 2007 Communes: Berești-Bistrița, Buhoci, Faraoani, Filipești, Gioseni, Hemeiuș, Itești, Izvoru inhabitants In February 2014, it joined the Association of the Metropolitan Area of Bacău and Buhuşi. Berheciului, Letea Veche, Luizi-Călugăra, Măgura, Mărgineni, Gârleni, Odobești, Prăjești, Sărata, Săucești, Secuieni, Tamași, Blăgesti, Horgești, and Traian Baia Mare Municipality, Intercommunal Development Association Towns: Baia Sprie, Cavnic, Seini, Șomcuta Mare and Tăuții Măgherăuș; 215,932 Baia Mare 2006 Communes: Cernești, Cicârlău, Coaș, Coltău, Copalnic Mănăștur, Dumbrăvița, Groși, inhabitants At the moment, Baia Mare metropolitan area has the same members as it had at the time of its establishment. Mireșu Mare, Recea, Remetea Chioarului, Satulung, Săcălășeni, and Valea Chioarului Botoșani Municipality, Intercommunal Development Association 143,193 Botoșani 2012 Bucecea Town, inhabitants In October 2013, Bucecea Town and Vlădeni Commune become associated to Botoşani metropolitan Communes: Vlădeni, Mihai Eminescu, Roma, Rachiți, Stăuceni, Balușeni, and Curtești area. Brașov Municipality, Brașov County Council, GROWTH POLE Săcele and Codlea Municipalities, 410,808 Intercommunal Development Association Brașov 2006 Towns: Râșnov, Ghimbav, Predeal and Zărnești, inhabitants At the moment, Brașov metropolitan area has the same members as it had at the time of its Communes: Sânpetru, Hărman, Prejmer, Tărlungeni, Bod, Hălchiu, Cristian, Crizbav, establishment. Feldioara, Vulcan, and Budila Intercommunal Development Association Bucharest Municipality, 2.2 mil. Bucharest 2016 Ilfov County through Ilfov County Council inhabitants At the moment, Bucharest metropolitan area has the same members as it had at the time of its establishment. Cluj Napoca Municipality, GROWTH POLE Communes: Aiton, Apahida, Baciu, Bontida, Borsa, Jucu, Căianu, Chinteni, Ciurila, 418,153 Intercommunal Development Association Cluj Napoca 2008 Cojocna, Feleacu, Floresti, Gîrbău, Petrestii de Jos, Tureni, Vultureni, Sânpaul, Săvădisla, inhabitants In 2009 Sânpaul Commune also joined and in 2018 Săvădisla Commune became affiliated as well to and Gilău the Association. Constanța Municipality, GROWTH POLE Constanța County Council, 434,265 Intercommunal Development Association Constanța 2007 Towns: Eforie, Murfatlar, Năvodari, Ovidiu, and Techirghiol, inhabitants At the moment, Constanța metropolitan area has the same members as it had at the time of its Communes: 23 August, Agigea, Corbu, Costinești, Cumpăna, Lumina, Mihai establishment. Kogălniceanu, Poarta Alba, Tuzla, and Valu lui Traian Craiova Municipality, GROWTH POLE Towns: Filiași and Segarce, 356,544 Intercommunal Development Association Craiova 2009 Communes: Almăj, Brădești, Breasta, Bucovăț, Calopăr, Cârcea, Coșoveni, Coțofenii din inhabitants At the moment, Craiova metropolitan area has the same members as it had at the time of its Față, Ghercești, Ișalnița, Malu Mare, Mischii, Murgași, Pielești, Predești, Șimnicu de Sus, establishment. Teasc, Terpezita, Țuglui, Vârvoru de Jos, and Vela GROWTH POLE Iași Municipality Intercommunal Development Association Iași City Council, 403,572 At the moment, Iași metropolitan area has the same members as it had at the time of association, Iași 2004 Communes: Aroneanu, Bîrnova, Ciurea, Holboca, Lețcani, Miroslava, Popricani, Rediu, inhabitants the only existing difference being at the level of the observing members, among which is Dobrovăţ Schitu Duca, Tomești, Ungheni, Valea Lupului, and Victoria, Movileni, Comarna, Commune, that Prisăcani, Țuțora, Mogoșești, Dobrovăț recently joined. 60 According to Population and Housing Census 2011. 152 OUTPUT 3 / ACTIVITY 2 - INTERJURISDICTIONAL COOPERATION MODELS CONCLUSIONS AND RECOMMENDATIONS 153 Metropolitan Year of Total Observations regarding the legal form, evolution, partnerships and the Current members Area establishment population60 status of the urban polarizing centre Oradea Municipality, 245,537 Intercommunal Development Association Oradea 2005 Communes: Biharia, Borș, Cetariu, Girișu de Criș, Ineu, Nojorid, Oșorhei, Paleu, inhabitants In July 2007, Girişu de Cris, Toboliu, and Ineu Communes also joined. Sînmartin, Sîntandrei, and Toboliu Ploiești Municipality, GROWTH POLE Prahova County Council, 336,203 Intercommunal Development Association Ploiești 2009 Towns: Băicoi, Boldești Scăeni, Bușteni and Plopeni, inhabitants At the moment, Ploiești metropolitan area has the same members as it had at the time of its Communes: Ariceștii-Rahtivani, Bărcănești, Berceni, Blejoi, Brazi, Bucov, Dumbrăvești, establishment. Păulești, Târgșorul Vechi, and Valea Călugărească Satu Mare and Carei Municipalities, Towns: Ardud and Tășnad, Intercommunal Development Association 217,403 Satu Mare 2013 Communes: Agriș, Apa, Beltiug, Berveni, Căpleni, Craidorolț, Culciu, Doba, Dorolț, inhabitants At the moment, Satu Mare metropolitan area has the same members as it had at the time of its Foieni, Gherța Mică, Lazuri, Medieșu Aurit, Micula, Moftin, Odoreu, Orașu Nou, Păulești, establishment. Terebești, Turț, Valea Vinului, and Viile Satu Mare Timișoara Municipality, GROWTH POLE Timiș County, 387,604 Intercommunal Development Association Timișoara 2008 Communes: Becicherecu Mic, Bucovăț, Dudeștii Noi, Dumbrăvița, Ghiroda, Giarmata, inhabitants At the moment, Timișoara metropolitan area has the same members as it had at the time of its Giroc, Moșnița nouă, Orțișoara, Pișchia, Remetea Mare, Săcălaz, Sânmihaiu Român, establishment. and Șag Tîrgu-Mureș Municipality, Metropolitan Association Târgu 2006 Ungheni Town, 204,158 At the moment, Târgu-Mureș metropolitan area has the same members as it had at the time of its Mureș Communes: Acățari, Ceuașu de Câmpie, Corunca, Crăciunești, Cristești, Ernei, Gheorghe inhabitants establishment. Doja, Livezeni, Pănet, Sâncraiu de Mureș, Sîngeorgiu de Mureș and Sînpaul Zalău Municipality, Intercommunal Development Association Towns: Cehu Silvaniei, Jibou, Șimleu Silvaniei, 133,044 Zalău 2015 Communes: Agrij, Crasna, Creaca, Crișeni, Dobrin, Hida, Meseșenii de Jos, Mirșid, Pericei, inhabitants Dobrin, Hida, Meseșenii de Jos, Mirșid, Pericei, Sălățig, Sărmășag, Vârșolț, Hereclean, and Bocșa Communes also joined in 2015. Sălățig, Sărmășag, Vârșolț, Hereclean, and Bocșa Metropolitan Areas non-members of FZMAUR Intercommunal Development Association Alba Iulia and Sebeș Municipalities, Teiuș town; Communes: Vințu de Jos, Sântimbru, 124,626 Alba Iulia 2007 Ciugud, Ighiu, Galda de Jos, Cricău, Berghin, Meteș inhabitants At the moment, Alba Iulia metropolitan area has the same members as it had at the time of its establishment. Deva and Hunedoara Municipalities, Intercommunal Development Association Deva 2008 Hunedoara County Council, 149,198 At the moment, Deva - Hunedoara metropolitan area has the same members as it had at the time of - Hunedoara Towns: Simeria and Călan, inhabitants its establishment. Communes: Băcia, Cârjiți, and Pestișu Mic Argeș County Council, Intercommunal Development Association Pitești Municipality, 206,082 Pitești 2012 Ștefănești Town, inhabitants At the moment, Pitești metropolitan area has the same members as it had at the time of its establishment. Communes: Albota, Bascov, Băbana, Budeasa, Mărăcineni, Micești, and Moșoaia Reșița Municipality, Bocșa Town, 100,957 Intercommunal Development Association Reșița 2013 Communes: Ocna de Fier, Dognecea, Goruia, Târnova, Văliug, Brebu Nou, Lupac, and inhabitants At the end of 2013 Carașova Commune also joined. Carașova Roman Municipality, Intercommunal Development Association Communes: Gherăești, Ruginoasa, Botești, Ion Creangă, Văleni, Poienari, Icușești, 129,507 Roman 2009 Moldoveni, Bahna, Dulcești, Horia, Sagna, Făurei, Pâncești, Boghicea, Bozieni, Doljești, inhabitants At the moment, Roman metropolitan area has the same members as it had at the time of its establishment. Gâdinți, Oniceni, Secuieni, Valea Ursului, Tămășeni, Bîra and Stănița Suceava Municipality, Intercommunal Development Association Salcea Town, 167,095 Founding members of Suceava Metropolitan Area were Suceava Municipality, Salcea Town and Suceava 2011 Communes: Adâncata, Bosanci, Ipotești, Mitocu Dragomirnei, Moara, Pătrăuți, Verești, inhabitants Adâncata, Ipoteşti, Mitocu Dragomirnei, Moara, Patrauţi, respectively Bosanci Communes. Vereşti, Siminicea, Stroiești, Dumbrăveni, Udești, Hânțești, and Dărmănești Siminicea, Stroieşti, Dumbrăveni, Udeşti, Hânţeşti, and Dărmăneşti Communes joined afterwards. Vaslui Municipality, Intercommunal Development Association Vaslui County Council, 86,943 Vaslui 2015 Communes: Bălteni, Delești, Laza, Lipovăț, Muntenii de Jos, Muntenii de Sus, Pușcasi, inhabitants At the moment, Vaslui metropolitan area has the same members as it had at the time of its establishment. Ștefan cel Mare, Văleni, and Zăpodeni BIBLIOGRAPHY 155 BIBLIOGRAPHY European Commission. 2018. Policy Objective 5 – Europe Closer to Citizens and Tools for Integrated Territorial Development. [Policy Paper] European Commission. 2018. Assessing the performance of integrated territorial and urban strategies: Challenges, emerging approaches and options for the future. European Metropolitan Authorities. 2016. The Role of Metropolitan Areas in the Governance of Development Challenges: Towards the European Urban Agenda. [Policy Paper] Glaeser, Edward L. and Bryce A. Ward. 2009. “The causes and consequences of land use regulation”. 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Rethinking Lagging Regions: Using Cohesion Policy to Deliver on the Potential of Europe’s Regions LEGISLATION Romanian Parliament, law number 15/07.08.1990 on the Reorganization of state-owned companies as autonomous administrations and as commercial companies Romanian Parliament, law number 31/16.11.1990 on commercial companies Romanian Parliament, law number 215/23.04.2001 of local public administration Romanian Parliament, law number 350/06.07.2001 on spatial planning and urban planning Romanian Parliament, law number 351/06.07.2001 on the approval of the national territory plan - section IV - localities network Romanian Parliament, law number 51/08.03.2006 on community public utility services Romanian Parliament, law number 273/29.06.2006 regarding local public finances Romanian Government, government ordinance number 26/30.01.2000 on associations and foundations Romanian government, ordinance number 855/13.08.2008 Approving the Framework Constitutive Act and the Framework Statute of Intercommunal Development Associations for Public Utility Services Romanian Government, government ordinance number 998 / 27.08.2008 for the designation of growth poles and development poles Romanian Government, governance ordinance number 39/10.05.2018 on Public-Private Partnership December 2019