Given that:

EGTC GO has been set from the Municipalities of Gorizia (Italian), Nova Gorica (Slovenian) and Šempeter-Vrtojba (Slovenian) under Regulation (EC) No 1082/2006 of the European Parliament and of the Council;

implementation of territorial cooperation programs and projects co-financed by the EU and by other financial mechanisms is the main task of the EGTC GO;

in accordance with Article 4 of its statute, the EGTC GO is subjected to the Italian legislation applicable to organizations under public law;

Questions:

1. The Municipality of Šempeter-Vrtojba, a contracting authority that has set up, with other contracting authorities from different Member States an EGTC with registered office in Italy and subjected to the Italian legislation applicable to organizations under public law, when determining the applicable national procurement rules under Directive 2014/24/EU article 39 comma 5, is subjected to the Italian norm of transposition of the Directive?

2. According to Directive 2014/24/EU article 39 comma 5 and ZIN-3 (Slovenian public procurement act) article 34 comma 6, Where several contracting authorities from different Member States have set up a joint entity, including European Groupings of territorial cooperation under Regulation (EC) No 1082/2006 of the European Parliament and of the Council or other entities established under Union law, the participating contracting authorities shall, by a decision of the competent body of the joint entity, agree on the applicable national procurement rules (…)

According to Decree No 50/2016 (Italian public procurement act) article 43 comma 3 Where several contracting authorities from different Member States have set up a joint entity, including European Groupings of territorial cooperation under Regulation (EC) No 1082/2006 of the European Parliament and of the Council or other entities established under Union law, the participating contracting authorities shall decide, with a specific agreement, on the applicable national procurement rules (…).

Is it correct to insert in the agreement between the contracting authorities, that the Assembly (the competent body of the EGTC GO) decides on the applicable national procurement rules?