Legal provisions of COM(2018)373 - Mechanism to resolve legal and administrative obstacles in a cross-border context - Main contents

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dossier	COM(2018)373 - Mechanism to resolve legal and administrative obstacles in a cross-border context.
document	COM(2018)373
date	May 29, 2018

CHAPTER I
General provisions

Article 1
Subject matter

1. This Regulation sets up a mechanism to allow for the application in one Member State, with regard to a cross-border region, of the legal provisions from another Member State, where the application of the legal provisions of the former would constitute a legal obstacle hampering the implementation of a joint Project ('the Mechanism').

2. The Mechanism shall consist of one of the following measures:

(a)the conclusion of a European Cross-Border Commitment, which is self-executing,

(b)the conclusion of a European Cross-Border Statement which would require a legislative procedure in the Member State.

3. This Regulation also lays down

(a)the organisation and tasks of Cross-border Coordination Points in the Member States,

(b)the coordinating role of the Commission with respect to the Mechanism,

(c)the legal protection of persons resident in a cross-border region with regard to the Mechanism.

Article 2
Scope

1. This Regulation applies to cross-border regions as defined in point (1) of Article 3.

2. Where a Member State comprises several territorial entities with legislative powers, this Regulation shall also apply to those territorial entities including their respective authorities or legal provisions.

Article 3
Definitions

For the purposes of this Regulation, the following definitions shall apply:

(1)'cross-border region' means the territory covered by neighbouring land border regions in two or more Member States at NUTS level 3 regions;

(2)'joint project' means any item of infrastructure with an impact in a given cross-border region or any service of general economic interest provided in a given cross-border region;

(3)'legal provision' means any legal or administrative provision, rule or administrative practice applicable to a joint project, regardless whether adopted or implemented by a legislative or executive body;

(4)'legal obstacle' means any legal provision with regard to the planning, development, staffing, financing or functioning of a joint project that obstructs the inherent potential of a border region when interacting across the border;

(5)'initiator' means the actor who identifies the legal obstacle and triggers the Mechanism by submitting an initiative document;

(6)'initiative document' means the document prepared by one or more initiators to trigger the Mechanism;

(7)'committing Member State' means the Member State on the territory of which one or more legal provisions from a transferring Member State will apply under a given European Cross-border Commitment (the “Commitment”) or European Cross-border Statement (the “Statement”) or where, in the absence of an appropriate legal provision, an ad hoc legal resolution will be established;

(8)'transferring Member State' means the Member State whose legal provisions will apply in the committing Member State under a given Commitment or Statement;

(9)'competent committing authority' means the authority in the committing Member State competent to accept the application of the legal provisions of the transferring Member State on its territory under a given Commitment or, in the case of a Statement, to commit itself to starting the legislative procedure needed for a derogation from its domestic legal provisions;

(10)'competent transferring authority' means the authority in the transferring Member State competent for the adoption of the legal provisions which will apply in the committing Member State and for its application on its own territory or for both;

(11)'area of application' means the area in the committing Member State where the legal provision of the transferring Member State or an ad hoc legal resolution shall apply.

Article 4
Member States' options for resolving legal obstacles

1. Member State shall either opt for the Mechanism or opt for existing ways to resolve legal obstacles hampering the implementation of a joint project in cross-border regions on a specific border with one or more neighbouring Member States.

2. A Member State may also decide, with regard to a specific border with one or more neighbouring Member States, to join an existing effective way set up formally or informally by one or more neighbouring Member States.

3. Member States may also use the Mechanism in cross-border regions on maritime borders or in cross-border regions between one or more Member States and one or more third countries or one or more overseas countries and territories.

4. Member States shall inform the Commission about any decision taken under this Article.

Article 5
Cross-border Coordination Points

1. Where a Member State opts for the Mechanism, it shall establish one or more Cross-border Coordination Points in one of the following ways:

(a)designate, at national or regional level or at both levels, a Cross-border Coordination Point as a separate body;

(b)set up a Cross-border Coordination Point within an existing authority or body, at national or regional level;

(c)entrust an appropriate authority or body with the additional tasks as national or regional Cross-border Coordination Point.

2. Committing Member States and transferring Member States shall also determine:

(a)whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may conclude and sign a Commitment and decide the applicable national law will be derogated from the date of the entry into force of that Commitment; or

(b)whether it is the Cross-border Coordination Point or a competent committing/transferring authority which may sign a Statement and state formally therein that the competent committing authority will do the necessary as to legislative or other acts be taken by the competent legislative bodies in that Member State by a given deadline.

3. The Member States shall inform the Commission of the designated Cross-border Coordination points by the date of the start of application of this Regulation.

Article 6
Tasks of Cross-border Coordination Points

1. Each Cross-border Coordination Points shall have at least the following tasks:

(a)implement the procedure set out in Articles 10 and 11;

(b)coordinate the preparation, signature, implementation and monitoring for all Commitments and Statements concerning the territory of its Member State;

(c)build up and maintain a database covering all Cross-border Coordination Points concerning the territory of its Member State;

(d)liaise, where they exist, with the Cross-border Coordination Points in the neighbouring Member State or States and with the Cross-border Coordination Points in other territorial entities with legislative powers of its own Member State or another Member State;

(e)liaise with the Commission;

(f)support the Commission as regards its database on Statements and Commitments.

2. Each Member State or each territorial entity with legislative powers in that Member State may decide to entrust the respective Cross-border Coordination Point also with the following tasks:

(a)where applicable, to conclude Commitments or Statements pursuant to Articles 16(2) and 17(2);

(b)upon request from a given initiator, support that initiator by, among other things, identifying the competent committing authority in the same Member State or the competent transferring authority in another Member State;

(c)upon request from a given competent committing authority located in another Member State without its own Cross-border Coordination point, perform the preliminary analysis of an initiative document;

(d)monitor the implementation of all Commitments and Statements concerning the territory of its Member State;

(e)remind the competent committing authority to comply with the deadlines established by in a given Commitment or Statement and request a reply within a given deadline;

(f)inform the authority supervising the competent committing authority on any missed deadlines as established in a given Commitment or Statement.

3. Where at least one among several legal obstacles concerns an issue of legislative competence at national level, the national Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate with the relevant regional Cross-border Coordination Point or Points in the same Member State, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a competent committing authority at national level.

4. Where none of the legal obstacles concerns an issue of legislative competence at national level, the competent regional Cross-border Coordination Point shall assume the tasks set out in Articles 9 to 17 and coordinate, with the other regional Cross-border Coordination Point or Points in the same Member States, in the cases where more than one territorial entity is concerned by the joint project, unless the Member State has decided that the tasks set out in Articles 14 to 17 are entrusted to a national Cross-border Coordination Point. That competent regional Cross-border Coordination Point shall keep the national Cross-border Coordination Point informed about any Commitment or Statement procedure.

Article 7
Coordination tasks of the Commission

1. The Commission shall fulfil the following coordination tasks:

(a)liaise with the Cross-border Coordination Points;

(b)publish and keep an up-dated list of all national and regional Cross-border Coordination Points;

(c)set up and maintain a database on all Commitments and Statements.

2. The Commission shall adopt an implementing act with regard to the functioning of the database referred to in point (c) of paragraph 1 and the forms to be used when information on the implementation and on the use of the Mechanism is submitted by Cross-border Coordination Points. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 23(2).

CHAPTER II
Procedure for concluding and signing a Commitment or for signing a Statement

Article 8
Preparation and submission of the initiative document

1. The initiator shall identify the legal obstacle with regard to the planning, development, staffing, financing or functioning of a joint project.

2. The initiator shall be one of the following:

(a)the public or private body responsible for initiating or both initiating and implementing a joint project;

(b)one or more local or regional authorities located in a given cross-border region or exercising public power in that cross-border region;

(c)a body with or without legal personality set up for cross-border cooperation located in or covering at least partially a given cross-border region, including European groupings of territorial cooperation under Regulation (EC) No 1082/2006, Euroregions, Euregios and similar bodies;

(d)an organisation set up on behalf of cross-border regions with the aim to promote the interests of cross-border territories and to facilitate the networking of players and the sharing of experiences, such as the Association of European Border Regions, the Mission Opérationnelle Transfrontalière or the Central European Service for Cross-border Initiatives; or

(e)several of the entities referred to in points (a) to (d) jointly.

3. The initiator shall prepare an initiative document drafted in accordance with Article 9.

4. The initiator shall submit the initiative document to the competent Cross-border Coordination Point of the committing Member State and send a copy to the competent Cross-border Coordination Point of the transferring Member State.

Article 9
Content of the initiative document

1. The initiative document shall include at least the following elements:

(a)a description of the joint project and of its context, of the corresponding legal obstacle in the committing Member State as well as of the rationale for resolving the legal obstacle;

(b)a list of the specific legal provisions of the transferring Member State resolving the legal obstacle or, where no appropriate legal provision exists, a proposal for an ad hoc legal resolution;

(c)a justification for the area of application;

(d)the foreseeable duration or, where duly justified, its unlimited duration;

(e)a list of the competent committing authority or authorities;

(f)a list of the competent transferring authority or authorities.

2. The area of application shall be limited to the minimum necessary for the effective implementation of the joint project.

Article 10
Preliminary analysis of the initiative document by the committing Member State

1. The competent Cross-border Coordination Point shall analyse the initiative document. It shall liaise with all competent committing authorities and with the national or, where relevant, other regional Cross-border Coordination Points in the committing Member State and with the national Cross-border Coordination Point in the transferring Member State.

2. Within three months after receipt of the initiative document the competent Cross-border Coordination Point shall take, one or more of the following actions, to be transmitted to the initiator in writing:

(a)inform the initiator that the initiative document was prepared in accordance with Article 9 and is therefore admissible;

(b)request, if necessary, the submission of a revised initiative document or of additional specific information while setting out why and in which aspect the initiative document is not considered sufficient;

(c)inform the initiator about its assessment that there is no legal obstacle while setting out the reasons and also referring to the means of legal redress against that decision under the law of the committing Member State;

(d)inform the initiator about its assessment that the legal obstacle consists in one of the cases listed in Article 12(4) and describe the commitment of the competent committing authority, to change or adapt that legal obstacle;

(e)inform the initiator about its assessment that the legal obstacle consists in one of the situations under Article 12(4) while setting out its reasons to refuse to change or adapt that legal obstacle and referring to the means of legal redress against that decision under the law of the committing Member State;

(f)commit itself towards the initiator to find a resolution to the legal obstacle or obstacles within six months, either by signing a Commitment with the Cross-border Coordination point of the transferring Member State or with the competent transferring authority, as designated by the transferring Member State, or by proposing an ad hoc legal resolution within the legal framework of the committing Member State.

3. In duly justified cases, the competent committing authority may extend the deadline referred to in point (f) of paragraph 2 once, by a maximum of six months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

Article 11
Preliminary analysis of the initiative document by the transferring Member State

Upon receipt of an initiative document, the competent Cross-border Coordination Point of the transferring Member State shall also carry out the tasks listed in Article 10(2) and may send its preliminary reaction to the competent Cross-border Coordination Point of the committing Member State.

Article 12
Follow-up on the preliminary analysis of the initiative document

1. Where the competent Cross-border Coordination Point of the committing Member State requests a revised initiative document or additional specific information, it shall analyse the revised initiative document or the additional specific information or both and take, within three months after receipt thereof, the actions as if the initiative document was submitted for the first time.

2. Where the competent Cross-border Coordination Point of the committing Member State considers that the revised initiative document is still not prepared in accordance with Article 10 or that the additional specific information is still not sufficient, it shall, within three months after receipt of the revised initiative document, inform the initiator in writing about its decision to end the procedure. This decision shall be duly justified.

3. Where the analysis by the competent Cross-border Coordination Point of the committing Member State or the competent committing authority concludes that the legal obstacle described in the initiative document is based on a misunderstanding or misinterpretation of the relevant legislation or on the lack of sufficient information about the relevant legislation, the procedure ends by informing the initiator about the assessment that there is no legal obstacle.

4. Where the legal obstacle consists only in an administrative provision, rule or administrative practice of the committing Member State or in a an administrative provision, rule or administrative practice clearly distinct from a provision adopted under a legislative procedure and can therefore be changed or adapted without a legislative procedure, the competent committing authority shall inform the initiator in writing its refusal or willingness to change or adapt the relevant administrative provision, rule or administrative practice within eight months.

5. In duly justified cases, the competent committing authority may extend the deadline referred to in paragraph 4 once by a maximum of eight months and shall inform the initiator and the transferring Member State accordingly, while setting out the reasons in writing.

Article 13
Preparation of the draft Commitment or Statement

The Cross-border Coordination Point or the competent committing authority of the committing Member State shall draw up a draft Commitment or a draft Statement in accordance with Article 14, based on the initiative document.

Article 14
Content of the draft Commitment and draft Statement

1. The draft Commitment shall include at least the following elements:

(a)the description of the joint project and of its context, of the corresponding legal obstacle as well as of the rationale for resolving the legal obstacle;

(b)the list of the specific legal provision or provisions constituting the legal obstacle and which shall therefore not apply to the joint project;

(c)the area of application;

(d)the duration of the application and a justification for that duration;

(e)the competent committing authority or authorities;

(f)the specific legal provision of the transferring Member State which shall apply to the joint project;

(g)the proposal of the ad hoc legal resolution, where no appropriate legal provision exists in the legal framework of the transferring Member State;

(h)the competent transferring authority or authorities;

(i)the authority or authorities from the committing Member State competent for the implementation and monitoring;

(j)the authority or authorities from the transferring Member State which are proposed to be designated jointly for the implementation and monitoring;

(k)the date of its entry into force.

The date of entry into force referred to in point (k) shall be either the date when the last of the two Cross-border Coordination Points or competent authorities have signed or the date when it has been notified to the initiator.

2. In addition to the elements listed in paragraph 1, the draft Commitment shall also include a date of application which may be

(a)set at the same date as its entry into force;

(b)set with retroactive effect;

(c)deferred to a date in the future.

3. In addition to the elements listed in paragraph 1, the draft Statement shall also include a formal statement of the date or dates by which each competent committing authority shall submit a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

The date referred to in the first subparagraph shall not be later than twelve months after the conclusion of the Statement.

Article 15
Transmission of the draft Commitment or draft Statement

1. Where the competent committing authority has prepared the draft Commitment or draft Statement, it shall transmit this draft to the competent Cross-border Coordination Point of the committing Member State:

(a)within a maximum of three months after having transmitted information under Article 10(2) or Article 12(1) and (2);

(b)within a maximum of eight months pursuant to Article 12(4) and (5).

2. Where the competent Cross-border Coordination Point of the committing Member State has prepared the draft Commitment or draft Statement or where it has received it from the competent committing authority it shall transmit this draft to the competent Cross-border Coordination Point of the transferring Member State within the periods referred to in points (a) or (b) of paragraph 1.

3. In both cases, a copy shall also be sent for information to the initiator.

Article 16
Tasks of the transferring Member State in concluding and signing the Commitment or in signing the Statement

1. The competent Cross-border Coordination Point of the transferring Member State shall examine the draft Commitment or draft Statement received pursuant to Article 15 and, within a maximum of three months after receipt of the draft and after consulting the competent transferring authorities, take one or more of the following actions:

(a)agree with the draft Commitment or draft Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the committing Member State;

(b)agree with the draft Commitment or draft Statement, after correcting or supplementing the information referred to in points (f) and (h) of Article 14(1), sign two original copies of the revised draft Commitment or draft Statement and send one back to the competent Cross-border Coordination Point of the of the committing Member State;

(c)refuse to sign the draft Commitment or draft Statement and transmit a detailed justification to the competent Cross-border Coordination Point of the committing Member State;

(d)refuse to sign the draft Commitment or draft Statement and send back an amended draft as regards the information referred to in points (c), (d) and, where relevant, (g) of Article 14(1), as well as for the draft Commitment the information referred to under Article 14(2), with a justification for the amendments to the competent Cross-border Coordination Point of the committing Member State.

2. In Member States where the competent transferring authority shall sign a Commitment or Statement, the competent Cross-border Coordination Point of the transferring Member State shall send, in accordance with points (a) and (b) of paragraph 1, the two original copies signed by the competent transferring authority.

3. Where the transferring Member State agrees in accordance with point (a) or (b) of paragraph 1 to sign a Commitment or a Statement, it shall, in addition, explicitly confirm or refuse that the competent authority or authorities which are proposed to be designated jointly for the implementation and monitoring of the Commitment or the Statement pursuant to point (j) of Article 14(1) shall assume those tasks to be carried out in the area of application.

Article 17
Tasks of the committing Member State in concluding and signing the Commitment or in signing the Statement

1. The competent Cross-border Coordination Point of the committing Member State shall examine the reply transmitted by the competent Cross-border Coordination Point of the transferring Member State and take, within a maximum of one month after its receipt one or more of the following actions, to be transmitted to the competent transferring authority in writing:

(a)in the case of point (a) of paragraph 2, finalise the Commitment or the Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;

(b)in the case of point (b) of paragraph 2, amend the Commitment or the Statement as regards the information in the draft Commitment or the draft Statement covered by points (f) and (h) of Article 14(1) accordingly, finalise the Commitment or Statement, sign two original copies and send one back to the competent Cross-border Coordination Point of the transferring Member State for signature;

(c)in the case of point (c) of paragraph 2, inform the initiator and the Commission, while adding the justification as set out by the competent transferring authority;

(d)in the case of point (d) of paragraph 2, consider the amendments and either proceed as under point (b) of this paragraph or relaunch a second procedure under Article 9 setting out why some or all of the amendments could not be accepted by the competent committing authority.

2. Upon receipt of the Commitment or the Statement, as also signed by the competent Cross-border Coordination Point or competent transferring authority in the cases of points (a) or (b) of paragraph 1 or, where the competent Cross-border Coordination Point of the transferring Member State has reacted positively under the second procedure of point (d) of paragraph 1, the competent Cross-border Coordination Point of the committing Member State shall:

(a)transmit the final Commitment or Statement to the initiator;

(b)transmit the second original copy to the competent Cross-border Coordination Point of the transferring Member State;

(c)send a copy to all competent committing authorities;

(d)send a copy to the coordination point at Union level; and

(e)request the competent service in the committing Member State responsible for official publications to publish the Commitment or the Statement.

CHAPTER III
Implementation and monitoring of Commitments and Statements

Article 18
Implementation of the Commitment

1. The information referred to under point (c) of Article 17(2) and sent to all competent committing authorities concerned, shall be accompanied by a timetable, by which each of those authorities shall, where relevant, amend any administrative act adopted under the applicable law with regard to the joint project and adopt any administrative act necessary to apply the Commitment to the joint project in order to apply to it the legal provision of the transferring Member State or an ad hoc legal resolution.

2. A copy of the timetable shall be sent to the national and, where relevant, regional Cross-border Coordination Point of the committing Member State.

3. Any administrative act referred to in paragraph 1 shall be adopted and notified to the initiator, in particular to the public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

4. Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

5. The Cross-border Coordination Point of the transferring Member State shall inform, where relevant, the competent transferring authorities.

Article 19
Implementation of the Statement

1. Each competent committing authority listed in a Statement under Article 14(3) shall submit by the respective date fixed in the signed Statement a formal proposal to the respective legislative body in order to amend the national legal provisions accordingly.

2. In case the respective date fixed in the signed Statement cannot be respected, in particular in view of upcoming elections for the competent legislative body, the competent committing authority shall inform in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States.

3. Once a formal proposal has been submitted to the respective legislative body, the respective competent committing authority shall up-date in writing the initiator as well as the competent Cross-border Coordination Point of both the committing and the transferring Member States about the monitoring in the respective legislative body, and this every six months after the date of formal submission.

4. Upon entry into force of the amending legislative act or its publication in the official Gazette or both, each competent committing authority shall amend any administrative act adopted under the applicable national law with regard to the joint project and adopt any administrative act necessary to apply the amended legal provisions to the joint project.

5. Any administrative act as referred to in paragraph 4 shall be adopted and notified to the initiator, in particular where this initiator is a public or private body responsible for initiating or both initiating and implementing a joint project, in accordance with the national law applicable to such administrative acts.

6. Once all administrative acts with regard to a given joint project are adopted, the Cross-border Coordination Point of the committing Member State shall inform the Cross-border Coordination Point of the transferring Member State and the coordination point at Union level.

7. The Cross-border Coordination Point of the transferring Member State shall, where relevant, inform the competent transferring authorities.

Article 20
Monitoring of Commitments and Statements

1. Based on the administrative acts referred to in Articles 18(1) and 19(4), the committing and transferring Member States shall decide whether the monitoring of the application of a Commitment or of the amended national legislation pursuant to a Statement shall be entrusted to the authorities of the transferring Member State, in particular due to their expertise with the legal provisions transferred, or to the authorities of the committing Member State.

2. Where the monitoring of the application of the transferred legal provisions is entrusted to the authorities of the transferring Member State, the committing Member State shall decide, in agreement with transferring Member States, whether the authorities of the transferring Member State shall act with regard to the addressees of the monitoring tasks on behalf and in the name of the authorities of the committing Member State or on behalf, but in their own name.

CHAPTER IV
Legal protection against the application and monitoring of Commitments and Statements

Article 21
Legal protection against the application of a Commitment or Statement

1. Any person resident in the territory covered by a Commitment or Statement or, although not resident in that territory, being user of a service of general economic interest provided in that territory ('person resident in the cross-border region'), who considers itself wronged by the acts or omissions by the application, pursuant to a Commitment or a Statement, of a legal provision of a transferring Member State shall be entitled to seek legal redress before the courts of the committing Member State.

2. However, the competent courts for legal redress against any administrative acts adopted under Article 18(3) and 19(5) shall be exclusively the courts of the Member State whose authorities issued the administrative act.

3. Nothing in this Regulation shall deprive persons from exercising their national constitutional rights of appeal against authorities which are parties of a Commitment in respect of:

(a)administrative decisions in respect of activities which are being carried out pursuant to a Commitment;

(b)access to services in their own language; and

(c)access to information.

In these cases the competent courts shall be those of the Member State under whose constitution the rights of appeal arise.

Article 22
Legal protection against the monitoring of Commitments or Statements

1. Where the competent transferring authority has accepted to monitor the application of the legal provisions of the transferring Member State in the relevant area and can act in its own name towards persons resident in the cross-border region of the committing Member State, the competent courts for legal redress against any action or omission by that authority shall be the courts of the Member State where those persons have their legal residence.

2. Where the competent transferring authority has accepted to monitor the application of the legal provisions of the committing Member State on the territory of the committing Member State, but cannot act on its own name towards persons resident in the cross-border region, the competent courts for legal redress against any action or omission by that authority shall be only the courts of the committing Member State, including for persons having their legal residence in the transferring Member State.

CHAPTER V
Final provisions

Article 23 - Committee procedure

1. The Commission shall be assisted by the Coordination Committee for the European Structural and Investment Funds established by Article 108(1) of Regulation (EU) No [new CPR]. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply.

Article 24
Implementing provisions in the Member States

1. Member States shall make such provisions as are appropriate to ensure the effective application of this Regulation

2. By the date of the start of application of this Regulation, Member States shall inform the Commission accordingly of any provisions adopted under paragraph 1.

3. The Commission shall render public the information received from the Member States.

Article 25
Reporting

By dd mm yyyy [i.e. the 1st of the month following the entry into force of this Regulation + five years; to be filled in by the Publication Office], the Commission shall present a report to the European Parliament, the Council and the Committee of the Regions assessing the application of this Regulation based on indicators on its effectiveness, efficiency, relevance, European added value and scope for simplification.

Article 26
Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

It shall apply from [the 1st of the month following the entry into force of this Regulation + one year; to be filled in by the Publication Office].

However, Article 24 shall apply from [the 1st of the month following the entry into force of this Regulation; to be filled in by the Publication Office].

This Regulation shall be binding in its entirety and directly applicable in all Member States.