Pursuant to the Regulation, Member Sates, regional authorities, local authorities, bodies governed by public law within the meaning of the public procurement directive and their associations can establish an EGTC.
Hungarian regulation allows organisations considered contracting authorities under the Public Procurement Act to participate. These are:
· ministries, organisations authorised to act as contracting authorities in centralised purchasing;
· the state, municipalities, all budgetary authorities, public foundations, local and national self-governments of national minorities, associations of municipalities and national minority self-governments, organisations granted exclusive rights to act as contracting authority by a municipality in locally centralised purchasing or in the centralised purchasing system of several municipalities or settlements under a common office, associations of local governments for regional development, regional development councils;
· organisations with legal capacity that were established for or pursue a public interest activity other than those of an industrial or commercial nature, provided that one or more organisations specified in points a) to d), the National Assembly or the Government is capable, separately or jointly, directly or indirectly, of exercising dominant influence over the organisation concerned, or the majority of its operations is financed by one or more such organisations (bodies);
· business organisations specified in Section 9 (1) k);
· business organisations [ Civil Code Section 685 c)] not falling under the scope of points a)-d) that pursue or were established for the pursuit of any of the public service activities specified in Section 114 (2) and over which one or more organisations specified in points a)-d) is capable, directly or indirectly, of exercising dominant influence in the course of purchases made to be able to perform public service activities as defined in Section 114 (2);
· business organisations not falling under the scope of points a)-e) that pursue one or more of the public service activities specified in Section 114 (2) under a special or exclusive right, in the course of purchases made to be able to perform public service activities as defined in Section 114 (2);
· with regard to public contracts carried out using subsidies, organisations not falling within the scope of points a)-f) - with the exception of individual entrepreneurs in case of procurements with a value not reaching the EU threshold - the service, supply or works contract of which is subsidised directly by one or more organisations specified in points a)-d) and in the case of procurements with a value reaching or exceeding the EU threshold this subsidy constitutes the majority of financing and in the case of procurements with a value not reaching the EU threshold but reaching or exceeding the national threshold this subsidy constitutes over 75% of financing;
· organisations not falling within the scope of points a)-g) in the course of the specific procurement which undertake to conduct a public procurement procedure voluntarily or in a contract, or are required to conduct a public procurement procedure by a specific law.
Legal entities of non-EU member countries can participate in the grouping as well, if it is allowed by the regulations of the third country or the agreements between the member states and third countries.