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Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/2006
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In order to promote the harmonious, balanced and sustainable development of the Union and to maximise the contribution of the ESI Funds to the Union strategy for smart, sustainable and inclusive growth as well as the Fund-specific missions of the ESI Funds, including economic, social and territorial cohesion, it is necessary to ensure that policy commitments made in the context of the Union strategy for smart, sustainable and inclusive growth are underpinned by investment through the ESI Funds and other Union instruments. The Common Strategic Framework (CSF) shall therefore, in accordance with Article 10, and in compliance with the priorities and objectives laid down in the Fund-specific Regulations, provide strategic guiding principles in order to achieve an integrated development approach using the ESI Funds coordinated with other Union instruments and policies, in line with the policy objectives and headline targets of the Union strategy for smart, sustainable and inclusive growth and, where appropriate, the flagship initiatives, while taking into account the key territorial challenges and specific national, regional and local contexts.
identify areas of intervention where the ESI Funds can be combined in a complementary manner to achieve the thematic objectives set out in this Regulation;
ensure in accordance with Article 4(6), the existence of arrangements for the effective coordination of the ESI Funds in order to increase the impact and effectiveness of the Funds including, where appropriate, through the use of multi-fund programmes for the Funds;
promote the involvement of managing authorities responsible for other ESI Funds and relevant ministries in the development of support schemes to ensure coordination and synergies and to avoid overlaps;
establish, where appropriate, joint monitoring committees for programmes implementing the ESI Funds, and the development of other joint management and control arrangements to facilitate coordination between authorities responsible for the implementation of the ESI Funds;
make use of available joint eGovernance solutions, which may assist applicants and beneficiaries, and make the widest possible use of "one-stop shops", including for advice on the opportunities of support available through each of the ESI Funds;
establish mechanisms to coordinate cooperation activities financed by the ERDF and the ESF with investments supported by the programmes under the Investment for growth and jobs goal;
promote common approaches between ESI Funds with regard to guidance for the development of operations, calls for proposals and selection processes or other mechanisms to facilitate access to Funds for integrated projects;
encourage cooperation between managing authorities of different ESI Funds in the areas of monitoring, evaluation, management and control, and audit.
Coordination by Member States as envisaged under this section shall apply in so far as a Member State intends to make use of support from the ESI Funds and other Union instruments in the relevant policy area. The Union programmes set out in this section do not constitute an exhaustive list.
enhancing complementarities and synergies between different Union instruments at Union, national and regional level, both in the planning phase and during implementation;
optimise existing structures and where necessary, establish new structures that facilitate the strategic identification of priorities for the different instruments and structures for coordination at Union and national level that avoid duplication of effort and identify areas where additional financial support is needed;
make use of the potential to combine support from different instruments to support individual operations and work closely with those responsible for implementation at Union and national level to deliver coherent and streamlined funding opportunities for beneficiaries.
"Upstream actions" to prepare regional R&I players to participate in Horizon 2020 ("stairways to excellence") to be developed, where necessary, through capacity- building. Communication and cooperation between Horizon 2020 national contact points and managing authorities of the ESI Funds shall be strengthened.
"Downstream actions" to provide the means to exploit and diffuse R&I results, stemming from Horizon 2020 and preceding programmes, into the market with particular emphasis on creating an innovation-friendly environment for business and industry, including SMEs and in line with the priorities identified for the territories in the relevant smart specialisation strategy.
linking excellent research institutions and less developed regions as well as low- performing Research, Development and Innovation (RDI) Member States and regions to create new or upgrade existing centres of excellence in less developed regions as well as in low-performing RDI Member States and regions;
building links in less developed regions as well as in low-performing RDI Member States and regions between innovative clusters of recognised excellence;
establishing "ERA Chairs" to attract outstanding academics, in particular to less developed regions and low-performing RDI Member States and regions;
supporting access to international networks for researchers and innovators who lack sufficient involvement in the European Research Area (ERA) or are from less developed regions or low-performing RDI Member States and regions;
contributing as appropriate to the European Innovation Partnerships;
preparing national institutions and/or clusters of excellence for participation in the Knowledge and Innovation Communities (KICs) of the European Institute of Innovation and Technology (EIT); and
hosting high-quality international researcher mobility programmes with co-funding from the "Marie Sklodowska-Curie Actions".
Member States shall endeavour to use where appropriate, and in accordance with Article 70, the flexibility to support operations outside the programme area, with a level of investment sufficient to attain a critical mass, in order to implement the measures referred to in the first subparagraph as effectively as possible.
Member States shall ensure that financing from the ESI Funds is coordinated with support from the NER 300 Programme, which uses the revenues from auctioning 300 million allowances reserved under the new entrants reserve of the European Emissions Trading Scheme.
Managing authorities shall undertake actions throughout the programme lifecycle, to avoid or reduce environmentally harmful effects of interventions and ensure results in net social, environmental and climate benefits. Actions to be undertaken may include the following:
directing investments towards the most resource-efficient and sustainable options;
avoiding investments that may have a significant negative environmental or climate impact, and supporting actions to mitigate any remaining impacts;
taking a long-term perspective when 'life-cycle' costs of alternative options for investment are compared;
increasing the use of green public procurement.
support demographic renewal through better conditions for families and an improved balance between working and family life;
boost employment, raise productivity and economic performance through investing in education, ICT and research and innovation;
focus on the adequacy and quality of education, training and social support structures as well as where appropriate, on the efficiency of social protection systems;
promote cost-effective provision of health care and long-term care including investment in e-health, e-care and infrastructure.
In accordance with Article 8, climate change mitigation and adaptation, and risk prevention shall be integrated in the preparation and implementation of Partnership Agreements and programmes.
An analysis of the Member State's or region's characteristics, development potential and capacity, particularly in relation to the key challenges identified in the Union strategy for smart, sustainable and inclusive growth, the National Reform Programmes, where appropriate, relevant country-specific recommendations adopted in accordance with Article 121(2) TFEU and in relevant Council recommendations adopted in accordance with Article 148(4)TFEU;
An assessment of the major challenges to be addressed by the region or Member State, the identification of the bottlenecks and missing links, innovation gaps, including the lack of planning and implementation capacity that inhibit the long-term potential for growth and jobs. This shall form the basis for the identification of the possible fields and activities for policy prioritisation, intervention and concentration;
An assessment of the cross-sectoral, cross-jurisdictional or cross-border coordination challenges, particularly in the context of macro-regional and sea-basin strategies;
Identification of steps to achieve improved coordination across different territorial levels, taking account of the appropriate territorial scale and context for policy design as well as Member States' institutional and legal framework, and sources of funding to deliver an integrated approach linking the Union strategy for smart, sustainable and inclusive growth with regional and local actors.
reflects the role of cities, urban and rural areas, fisheries and coastal areas, and areas facing specific geographical or demographic handicaps;
takes account of the specific challenges of the outermost regions, the northernmost regions with a very low population density and of island, cross-border or mountain regions;
addresses urban-rural linkages, in terms of access to affordable, high quality infrastructure and services, and problems in regions with a high concentration of socially marginalised communities.
ensure that areas that share major geographical features (islands, lakes, rivers, sea basins or mountain ranges) support the joint management and promotion of their natural resources;
exploit the economies of scale that can be achieved, in particular with regard to investment related to the shared use of common public services;
promote coherent planning and development of cross-border network infrastructure, in particular missing cross-border links, and environmentally friendly and interoperable transport modes in larger geographical areas;
achieve critical mass, particularly in the field of research and innovation and ICT, education and in relation to measures improving the competitiveness of SMEs;
strengthen cross-border labour market services to foster the mobility of workers across borders;
improve cross-border governance.
Table 1: Standard format for the performance framework | ||||
Priority | [X1Indicator or, where appropriate, key implementation step and measurement unit] | Milestone for 2018 | Target for 2023 | |
---|---|---|---|---|
realistic, achievable, relevant, capturing essential information on the progress of a priority;
consistent with the nature and character of the specific objectives of the priority;
transparent, with objectively verifiable targets and the source data identified and, where possible, publicly available;
verifiable, without imposing a disproportionate administrative burden;
consistent across programmes, where appropriate.
The maximum level of suspension applied to a Member State shall in the first instance be determined taking into account the ceilings set out in points (a) to (c) of the third subparagraph of Article 23(11). That level shall be reduced if one or more of the following apply:
where the unemployment rate in the Member State for the year preceding the trigger event referred to in Article 23(9) exceeds the average rate for the Union by more than two percentage points, the maximum level of suspension shall be reduced by 15 %;
where the unemployment rate in the Member State for the year preceding the trigger event referred to in Article 23(9) exceeds the average rate for the Union by more than five percentage points, the maximum level of suspension shall be reduced by 25 %;
where the unemployment rate in the Member State for the year preceding the trigger event referred to in Article 23(9) exceeds the average rate for the Union by more than eight percentage points, the maximum level of suspension shall be reduced by 50 %;
where the proportion of people at risk of poverty or social exclusion in the Member State exceeds the average for the Union by more than 10 percentage points for the year preceding the trigger event referred to in Article 23(9), the maximum level of suspension shall be reduced by 20 %;
where the Member State experiences a contraction of real GDP for two or more consecutive years preceding the trigger event referred to in Article 23(9), the maximum level of suspension shall be reduced by 20 %;
where the suspension concerns commitments for the years 2018, 2019 or 2020, a reduction shall be applied to the level resulting from the application of Article 23(11) as follows:
for the year 2018, the level of suspension shall be reduced by 15 %;
for the year 2019, the level of suspension shall be reduced by 25 %;
for the year 2020, the level of suspension shall be reduced by 50 %.
The reduction in the level of suspension resulting from the application of points (a) to (f) shall not exceed in total 50 %.
In the event that the situation described in point (b) or (c) occurs simultaneously with both points (d) and (e), the effect of the suspension shall be postponed by one year.
A suspension of commitments applied to a Member State shall in the first instance proportionally affect all programmes and priorities.
However, the following programmes and priorities shall be excluded from the scope of the suspension:
programmes or priorities which are already subject to a suspension decision adopted in accordance with Article 23(6);
programmes or priorities whose resources are to be increased as a result of a reprogramming request addressed by the Commission in accordance with Article 23(1) in the year of the trigger event referred to in Article 23(9);
programmes or priorities whose resources have been increased within the two years preceding the trigger event referred to in Article 23(9) as a result of a decision adopted in accordance with Article 23(5);
programmes or priorities which are of critical importance to addressing adverse economic or social conditions. Such programmes or priorities shall cover programmes or priorities supporting investments of particular importance to the Union related to the YEI. Programmes or priorities may be considered of such critical importance when they support investments related to the implementation of recommendations addressed to the Member State concerned in the framework of the European Semester and aimed at structural reforms, or related to priorities supporting poverty reduction or to financial instruments for the competitiveness of SMEs.
The exclusion of a priority within a programme shall be carried out by reducing the commitment of the programme pro rata to the allocation to the priority.
The level of suspension to be applied to the commitments of the programmes shall be that which is necessary to reach the aggregate level of suspension determined under point 1.
The programmes and priorities referred to under point 2(i) to (iv) shall also be excluded from the scope of suspension of payments.
The level of suspension to be applied shall not exceed 50 % of the payments of programmes and priorities.
the investment strategy or policy including implementation arrangements, financial products to be offered, final recipients targeted, and envisaged combination with grant support (as appropriate);
a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);
the target results that the financial instrument concerned is expected to achieve to contribute to the specific objectives and results of the relevant priority;
provisions for monitoring of the implementation of investments and of deal flows including reporting by the financial instrument to the fund of funds and/or the managing authority to ensure compliance with Article 46;
audit requirements, such as minimum requirements for documentation to be kept at the level of the financial instrument (and at the level of the fund of funds where appropriate), and requirements in relation to the maintenance of separate records for the different forms of support in compliance with Article 37(7) and (8) (where applicable), including provisions and requirements regarding access to documents by audit authorities of Member States, Commission auditors and the European Court of Auditors in order to ensure a clear audit trail, in accordance with Article 40;
[F1requirements and procedures for managing the phased contribution provided by the programme in accordance with Article 41 and for the forecast of deal flows, including requirements for fiduciary/separate accounting as set out in Article 38(6) and the second subparagraph of Article 39a(5);]
requirements and procedures for managing interest and other gains generated as referred to in Article 43, including acceptable treasury operations/investments, and the responsibilities and liabilities of the parties concerned;
provisions regarding the calculation and payment of management costs incurred or of the management fees of the financial instrument;
[F1provisions regarding the re-use of resources attributable to the support from the ESI Funds until the end of the eligibility period in compliance with Article 44 and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;]
[X1provisions regarding the re-use of resources attributable to the support of the ESI Funds after the end of the eligibility period in compliance with Article 45 and a policy regarding the exit of those resources from the financial instrument;]
conditions for a possible total or partial withdrawal of programme contributions from programmes to financial instruments, including the fund of funds where applicable;
provisions to ensure that bodies implementing financial instruments manage financial instruments with independence and in accordance with the relevant professional standards, and act in the exclusive interest of the parties providing contributions to the financial instrument;
provisions for the winding-up of the financial instrument.
In addition, where financial instruments are organised through a fund of funds, the funding agreement between the managing authority and the body that implements the fund of funds must also provide for the appraisal and selection of bodies implementing the financial instruments, including calls for expression of interest or public procurement procedures.
Textual Amendments
F1 Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
[X1the investment strategy or policy of the financial instrument, general terms and conditions of envisaged loan or guarantees, target final recipients and actions to be supported;]
a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);
[F1the use and re-use of resources attributable to the support of the ESI Funds in accordance with Articles 43, 44 and 45, and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;]
monitoring and reporting of the implementation of the financial instrument to ensure compliance with Article 46.
Sector | Flat rates | |
---|---|---|
1 | ROAD | 30 % |
2 | RAIL | 20 % |
3 | URBAN TRANSPORT | 20 % |
4 | WATER | 25 % |
5 | SOLID WASTE | 20 % |
Textual Amendments
Adjusted annual profile (including the YEI top-up)
2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | Total | |
---|---|---|---|---|---|---|---|---|
EUR, 2011 prices | 34 108 069 924 | 55 725 174 682 | 46 044 910 736 | 48 027 317 164 | 48 341 984 652 | 48 811 933 191 | 49 022 528 894 | 330 081 919 243] |
determination of an absolute amount (in EUR) obtained by multiplying the population of the region concerned by the difference between that region's GDP per capita, measured in PPS, and the EU-27 average GDP per capita (in PPS);
application of a percentage to the above absolute amount in order to determine that region's financial envelope; this percentage shall be graduated to reflect the relative prosperity, measured in PPS, as compared to the EU-27 average, of the Member State in which the eligible region is situated, i.e.:
for regions in Member States whose level of GNI per capita is below 82 % of the EU-27 average: 3,15 %;
for regions in Member States whose level of GNI per capita is between 82 % and 99 % of the EU-27 average: 2,70 %;
for regions in Member States whose level of GNI per capita is over 99 % of the EU-27 average: 1,65 %;
to the amount obtained in accordance with point (b) is added, if applicable, an amount resulting from the allocation of a premium of EUR 1 300 per unemployed person per year, applied to the number of persons unemployed in that region exceeding the number that would be unemployed if the average unemployment rate of all the EU less developed regions applied.
determination of the minimum and maximum theoretical aid intensity for each eligible transition region. The minimum level of support is determined by the average per capita aid intensity per Member State before the application of the regional safety net, allocated to the more developed regions of that Member State. If the Member State has no more developed regions, the minimum level of support will correspond to the initial average per capita aid intensity of all more developed regions, i.e. EUR 19,80 per head and per year. The maximum level of support refers to a theoretical region with a GDP per head of 75 % of the EU-27 average and is calculated using the method defined in points (a) and (b) of paragraph 1. Of the amount obtained by this method, 40 % is taken into account;
calculation of initial regional allocations, taking into account regional GDP per capita (in PPS) through a linear interpolation of the region's relative GDP per capita compared to EU-27;
to the amount obtained in accordance with point (b) is added, if applicable, an amount resulting from the allocation of a premium of EUR 1 100 per unemployed person per year, applied to the number of persons unemployed in that region exceeding the number that would be unemployed if the average unemployment rate of all the less developed regions applied.
total regional population (weighting 25 %);
number of unemployed people in NUTS level 2 regions with an unemployment rate above the average of all more developed regions (weighting 20 %);
employment to be added to reach the Union strategy for smart, sustainable and inclusive growth target for regional employment rate (ages 20 to 64) of 75 % (weighting 20 %);
number of persons aged 30 to 34 with tertiary educational attainment to be added to reach the Union strategy for smart, sustainable and inclusive growth target of 40 % (weighting 12,5 %);
number of early leavers from education and training (aged 18 to 24) to be subtracted to reach the Union strategy for smart, sustainable and inclusive growth target of 10 % (weighting 12,5 %);
difference between the observed GDP of the region (measured in PPS), and the theoretical regional GDP if the region were to have the same GDP per head as the most prosperous NUTS level 2 region (weighting 7,5 %);
population of NUTS level 3 regions with a population density below 12,5 inhabitants/km2 (weighting 2,5 %).
calculation of the arithmetical average of that Member State's population and surface area shares of the total population and surface area of all the eligible Member States. If, however, a Member State's share of total population exceeds its share of total surface area by a factor of five or more, reflecting an extremely high population density, only the share of total population will be used for this step;
adjustment of the percentage figures so obtained by a coefficient representing one third of the percentage by which that Member State's GNI per capita (measured in purchasing power parities) for the period 2008-2010 exceeds or falls below the average GNI per capita of all the eligible Member States (average expressed as 100 %).
EUR 1 375 000 000 for the more developed regions of Greece;
EUR 1 000 000 000 for Portugal, distributed as follows: EUR 450 000 000 for more developed regions, of which EU 150 000 000 for Madeira, EUR 75 000 000 for the transition region and EUR 475 000 000 for the less developed regions;
EUR 100 000 000 for the Border, Midland and Western region of Ireland;
EUR 1 824 000 000 for Spain, of which EUR 500 000 000 for Extremadura, EUR 1 051 000 000 for the transition regions and EUR 273 000 000 for the more developed regions;
EUR 1 500 000 000 for the less developed regions of Italy, out of which EUR 500 000 000 for non-urban areas.
The Spanish regions of Ceuta and Melilla shall be allocated an additional total envelope of EUR 50 000 000 under the Structural Funds.
The outermost region of Mayotte shall be allocated a total envelope of EUR 200 000 000 under the Structural Funds.
for Belgium EUR 133 000 000, out of which EUR 66 500 000 for Limburg and EUR 66 500 000 for the transition regions of the Region of Wallonia;
for Germany EUR 710 000 000, out of which EUR 510 000 000 for the former Convergence regions in the transition regions' category and EUR 200 000 000 for the Leipzig region;
notwithstanding paragraph 10, the less developed regions of Hungary will be allocated an additional envelope of EUR 1 560 000 000, the less developed regions of the Czech Republic an additional envelope of EUR 900 000 000 and the less developed region of Slovenia an additional envelope of EUR 75 000 000, under the Structural Funds.
The number of young unemployed persons between the ages of 15-24 shall be identified in the eligible NUTS level 2 regions as defined in Article 16 of the ESF Regulation, namely NUTS level 2 regions that have youth unemployment rates for young persons aged 15 to 24 of more than 25 % in 2012 and, for Member States where the youth unemployment rate has increased by more than 30 % in 2012, regions that have youth unemployment rates of more than 20 % in 2012 (the ‘eligible regions’).
The allocation corresponding to each eligible region shall be calculated on the basis of the ratio between the number of young unemployed persons in the eligible region and the total number of young unemployed persons referred to in point 1 in all eligible regions.
The allocation for each Member State shall be the sum of the allocations for each of its eligible regions.
The additional percentage share to be added to the share of Structural Funds resources referred to in Article 92(4) allocated in a Member State to the ESF which corresponds to the share of that Member State for the 2007-2013 programming period shall be determined as follows, based on employment rates (for persons between the ages of 20-64) of reference year 2012:
where the employment rate is 65 % or less the share shall be increased by 1,7 percentage points;
where the employment rate is above 65 % but not higher than 70 % the share shall be increased by 1,2 percentage points;
where the employment rate is above 70 % but not higher than 75 % the share shall be increased by 0,7 percentage points;
where the employment rate is above 75 %, no increase shall be required.
The total percentage share of a Member State after the addition shall not exceed 52 % of Structural Funds resources referred to in Article 92(4).
For Croatia the share of Structural Funds resources, excluding the European Territorial Cooperation goal, allocated to the ESF for the 2007-2013 programming period shall be the average share of convergence regions of those Member States which acceded to the Union on or after 1 January 2004.
In Member States in which less developed regions cover at least 65 % of the population, the figure on gross fixed capital formation reported in the Stability and Convergence Programmes, prepared by Member States in accordance with Regulation (EC) No 1466/97 to present their medium term budgetary strategy, will be used to determine public or equivalent structural expenditure. The figure to be used shall be that reported in the context of the general government balance and debt and related to general government budgetary prospects and shall be presented as a percentage of GDP.
In those Member States in which less developed regions cover more than 15 % and less than 65 % of the population, the total figure on gross fixed capital formation in the less developed regions will be used to determine public or equivalent structural expenditure. It shall be reported in the same format as laid down in the first subparagraph.
Verifications of additionality in accordance with Article 95(5) are subject to the following rules:
Table 1 | |||||||
Expenditure of the General Government as a share of GDP | 2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 |
---|---|---|---|---|---|---|---|
P51 | X | X | X | X | X | X | X |
Table 2 | |||||||
2014 | 2015 | 2016 | 2017 | 2018 | 2019 | 2020 | |
---|---|---|---|---|---|---|---|
Gross Fixed Capital Formation of the General Government in the less developed regions as a share of GDP | X | X | X | X | X | X | X |
At the time of the ex post verification, a Member State shall be deemed to have maintained the level of public or equivalent structural expenditure if the annual average of expenditure in the years 2014-2020 is equal to or higher than the reference level of expenditure set in the Partnership Agreement.
Where the Commission decides to carry out a financial correction in accordance with Article 95(6), the rate of financial correction shall be obtained by subtracting 3 % from the difference between the reference level in the Partnership Agreement and the level achieved, expressed as a percentage of the reference level, and then dividing the result by 10. The financial correction shall be determined by applying that rate of financial correction to the Funds' contribution to the Member State concerned for the less developed regions for the full programming period.
If the difference between the reference level in the Partnership Agreement and the level achieved, expressed as a percentage of the reference level in the Partnership Agreement, is 3 % or less, no financial correction shall be made.
The financial correction shall not exceed 5 % of the Funds' allocation to the Member State concerned for the less developed regions for the full programming period.
PART I: Thematic ex ante conditionalities | |||
a Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (OJ L 153, 18.6.2010, p. 13). | |||
b Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC (OJ L 315, 14.11.2012, p. 1). | |||
c Directive 2006/32/EC of the European Parliament and of the Council of 5 April 2006 on energy end-use efficiency and energy services and repealing Council Directive 93/76/EEC (OJ L 114, 27.4.2006, p. 64). | |||
d Directive 2009/28/EC of the European Parliament and of the Council of 23 April 2009 on the promotion of the use of energy from renewable sources and amending and subsequently repealing Directives 2001/77/EC and 2003/30/EC (OJ L 140, 5.6.2009, p. 16). | |||
e Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU (OJ L 348, 20.12.2013, p. 1). | |||
f Regulation (EC) No 714/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the network for cross-border exchanges in electricity and repealing Regulation (EC) No 1228/2003 (OJ L 211, 14.8.2009, p. 15). | |||
g Regulation (EC) No 715/2009 of the European Parliament and of the Council of 13 July 2009 on conditions for access to the natural gas transmission networks and repealing Regulation (EC) No 1775/2005 (OJ L 211, 14.8.2009, p. 36). | |||
h Regulation (EU) No 347/2013 of the European Parliament and of the Council of 17 April 2013 on guidelines for trans-European energy infrastructure and repealing Decision No 1364/2006/EC and amending Regulations (EC) No 713/2009, (EC) No 714/2009 and (EC) No 715/2009 (OJ L 115, 25.4.2013, p. 39). | |||
Thematic objectives | Investment priorities | Ex ante conditionality | Criteria for fulfilment |
---|---|---|---|
1.Strengthening research, technological development and innovation(R&D target) (referred to in point (1) of the first paragraph of Article 9) | ERDF:
| 1.1.Research and innovation: The existence of a national or regional smart specialisation strategy in line with the National Reform Program, to leverage private research and innovation expenditure, which complies with the features of well-performing national or regional R&I systems. |
|
ERDF:
| 1.2Research and Innovation infrastructure. The existence of a multi-annual plan for budgeting and prioritisation of investments. | —An indicative multi-annual plan for budgeting and prioritisation of investments linked to Union priorities, and, where appropriate, the European Strategy Forum on Research Infrastructures (ESFRI) has been adopted. | |
2.Enhancing access to, and use and quality of, information and communication technologies (ICT) (Broadband target)(referred to in point (2) of the first paragraph of Article 9) | ERDF:
| 2.1.Digital growth: A strategic policy framework for digital growth to stimulate affordable, good quality and interoperable ICT-enabled private and public services and increase uptake bycitizens, including vulnerable groups, businesses and public administrations including cross border initiatives. | —A strategic policy framework for digital growth, for instance, within the national or regional smart specialisation strategy is in place that contains:
|
ERDF:
| 2.2.Next Generation Network (NGN) Infrastructure: The existence of national or regional NGN Plans which take account of regional actions in order to reach the Union high-speed Internet access targets, focusing on areas where the market fails to provide an open infrastructure at an affordable cost and of a quality in line with the Union competition and State aid rules, and to provide accessible services to vulnerable groups. | —A national or regional NGN Plan is in place that contains:
| |
3.Enhancing the competitiveness of small and medium-sized enterprises (SMEs)(referred to in point (3) of the first paragraph of Article 9) | ERDF:
| 3.1.Specific actions have been carried out to underpin the promotion of entrepreneurship taking into account the Small Business Act (SBA). | —The specific actions are:
|
4.Supporting the shift towards a low-carbon economy in all sectors(referred to in point (4) of the first paragraph of Article 9) | ERDF + Cohesion Fund:
| 4.1.Actions have been carried out to promote cost-effective improvements of energy end use efficiency and cost-effective investment in energy efficiency when constructing or renovating buildings. | —The actions are:
|
ERDF + Cohesion Fund:
| 4.2.Actions have been carried out to promote high-efficiency co-generation of heat and power. | —The actions are:
| |
ERDF + Cohesion Fund:
| 4.3.Actions have been carried out to promote the production and distribution of renewable energy sourcesd. |
| |
5.Promoting climate change adaptation, risk prevention and management(Climate change target) (referred to in point (5) of the first paragraph of Article 9) | ERDF + Cohesion Fund:
| 5.1.Risk prevention and risk management: the existence of national or regional risk assessments for disaster management. taking into account climate change adaptation | —A national or regional risk assessment with the following elements shall be in place:
|
6.Preserving and protecting the environment and promoting resource efficiency(referred to in point (6) of the first paragraph of Article 9) | ERDF + Cohesion Fund:
| 6.1.Water sector: The existence of a) a water pricing policy which provides adequate incentives for users to use water resources efficiently and b) an adequate contribution of the different water uses to the recovery of the costs of water services at a rate determined in the approved river basin management plan for investment supported by the programmes. |
|
ERDF + Cohesion Fund:
| 6.2.Waste sector: Promoting economically and environmentally sustainable investments in the waste sector particularly through the development of waste management plans consistent with Directive 2008/98/EC, and with the waste hierarchy. |
| |
7.Promoting sustainable transport and removing bottlenecks in key network infrastructures(referred to in point (7) of the first paragraph of Article 9) | ERDF + Cohesion Fund:
ERDF:
| 7.1.Transport: The existence of a comprehensive plan or plans or framework or frameworks for transport investment in accordance with the Member States' institutional set-up (including public transport at regional and local level) which supports infrastructure development and improves connectivity to the TEN-T comprehensive and core networks. |
|
ERDF + Cohesion Fund:
ERDF:
| 7.2.Railway: The existence within the comprehensive transport plan or plans or framework or frameworks of a specific section on railway development in accordance with the Member States' institutional set-up (including concerning public transport at regional and local level) which supports infrastructure development and improves connectivity to the TEN-T comprehensive and core networks. The investments cover mobile assets, interoperability and capacity- building. |
| |
ERDF + Cohesion Fund:
ERDF:
| 7.3.Other modes of transport, including inland-waterways and maritime transport, ports, multimodal links and airport infrastructure: the existence within the comprehensive transport plan or plans or framework or frameworks of a specific section on inland-waterways and maritime transport, ports, multimodal links and airport infrastructure, which contribute to improving connectivity to the TEN-T comprehensive and core networks and to promoting sustainable regional and local mobility. |
| |
ERDF:
| 7.4Development of smart energy distribution, storage and transmission systems.The existence of comprehensive plans for investments in smart energy infrastructure, and of regulatory measures, which contribute to improving energy efficiency and security of supply |
| |
8.Promoting sustainable and quality employment and supporting labour mobility(Employment target) (referred to in point (8) of the first paragraph of Article 9) | ESF:
| 8.1.Active labour market policies are designed and delivered in the light of the Employment guidelines. |
|
ESF:
ERDF:
| 8.2.Self-employment, entrepreneurship and business creation: the existence of a strategic policy framework for inclusive start-up. | —A strategic policy framework for inclusive start-up support is in place with the following elements:
| |
ESF:
ERDF:
| 8.3.Labour market institutions are modernised and strengthened in the light of the Employment Guidelines;Reforms of labour market institutions will be preceded by a clear strategic policy framework and ex ante assessment including with regard to the gender dimension |
| |
ESF:
| 8.4.Active and healthy ageing: Active ageing policies are designed in the light of the Employment Guidelines |
| |
ESF:
| 8.5.Adaptation of workers, enterprises and entrepreneurs to change: The existence of policies aimed at favouring anticipation and good management of change and restructuring. | —Instruments are in place to support social partners and public authorities to develop and monitor proactive approaches towards change and restructuring which include measures:
| |
ESF:
| 8.6.The existence of a strategic policy framework for promoting youth employment including through the implementation of the Youth Guarantee.This ex ante conditionality applies only for implementation of the YEI | —A strategic policy framework for promoting youth employment is in place that:
| |
9.Promoting social inclusion, combating poverty and any discrimination(poverty target) (referred to in point (9) of the first paragraph of Article 9) | ESF:
ERDF:
| 9.1.The existence and the implementation of a national strategic policy framework for poverty reduction aiming at the active inclusion of people excluded from the labour market in the light of the Employment guidelines. |
|
ESF:
ERDF:
| 9.2.A national Roma inclusion strategic policy framework is in place |
| |
ESF:
ERDF:
| 9.3.Health: The existence of a national or regional strategic policy framework for health within the limits of Article 168 TFEU ensuring economic sustainability. |
| |
10.Investing in education, training and vocational training for skills and lifelong learning(Education target) (referred to in point (10) of the first paragraph of Article 9) | ESF:
ERDF:
| 10.1.Early school leaving: The existence of a strategic policy framework to reduce early school leaving (ESL) within the limits of Article 165 TFEU. |
|
ESF:
ERDF:
| 10.2.Higher education: the existence of a national or regional strategic policy framework for increasing tertiary education attainment, quality and efficiency within the limits of Article 165 TFEU. | —A national or regional strategic policy framework for tertiary education is in place with the following elements:
| |
ESF:
ERDF:
| 10.3.Lifelong learning (LL): The existence of a national and/or regional strategic policy framework for lifelong learning within the limits of Article 165 TFEU. | —A national or regional strategic policy framework for lifelong learning is in place that contains measures:
| |
ESF:
ERDF:
| 10.4.The existence of a national or regional strategic policy framework for increasing the quality and efficiency of VET systems within the limits of Article 165 TFEU. | —A national or regional strategic policy framework is in place for increasing the quality and efficiency of VET systems within thelimits of Article 165 TFEU which includes measures for the following:
| |
11.Enhancing institutional capacity of public authorities and stakeholders and efficient public administration(referred to in point (11) of the first paragraph of Article 9) | ESF:
ERDF:
Cohesion Fund:
| —The existence of a strategic policy framework for reinforcing the Member States' administrative efficiency including public administration reform | —A strategic policy framework for reinforcing a Member State's public authorities' administrative efficiency and their skills with the following elements are in place and in the process of being implemented:
|
PART II: General ex ante conditionalities | ||
a Council Decision of 26 November 2009 concerning the conclusion, by the European Community, of the United Nations Convention on the Rights of Persons with Disabilities, (OJ L 23, 27.1.2010, p. 35) | ||
b Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment (OJ L 26, 28.1.2012, p. 1). | ||
c Directive 2001/42/EC of the European Parliament and of the Council of 27 June 2001 on the assessment of the effects of certain plans and programmes on the environment | ||
Area | Ex ante conditionality | Criteria for fulfilment |
---|---|---|
1.Anti-discrimination | The existence of administrative capacity for the implementation and application of Union anti-discrimination law and policy in the field of ESI Funds |
|
2.Gender | The existence of administrative capacity for the implementation and application of Union gender equality law and policy in the field of ESI Funds |
|
3.Disability | The existence of administrative capacity for the implementation and application of the United Nations Convention on the rights of persons with disabilities (UNCRPD) in the field of ESI Funds in accordance with Council Decision 2010/48/ECa |
|
4.Public procurement | The existence of arrangements for the effective application of Union public procurement law in the field of the ESI Funds. |
|
5.State aid | The existence of arrangements for the effective application of Union State aid rules in the field of the ESI Funds. |
|
6.Environmental legislation relating to Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA) | The existence of arrangements for the effective application of Union environmental legislation related to EIA and SEA. |
|
7.Statistical systems and result indicators | The existence of a statistical basis necessary to undertake evaluations to assess the effectiveness and impact of the programmes. The existence of a system of result indicators necessary to select actions, which most effectively contribute to desired results, to monitor progress towards results and to undertake impact evaluation. |
|
The list of operations referred to in Article 115(2) shall contain, in at least one of the official languages of the Member State, the following data fields:
beneficiary name (only of legal entities; no natural persons shall be named);
operation name;
operation summary;
operation start date;
operation end date (expected date for physical completion or full implementation of the operation);
total eligible expenditure allocated to the operation;
Union co-financing rate, as per priority axis;
operation postcode; or other appropriate location indicator;
country;
name of category of intervention for the operation in accordance with point (b) (vi) of the first subparagraph of Article 96(2);
date of last update of the list of operations.
The headings of the data fields shall be also provided in at least one other official language of the Union.
The Member State, the managing authority and the beneficiaries shall take the steps necessary to provide information to, and communicate with, the public on operations supported by an operational programme in accordance with this Regulation.
organising a major information activity publicising the launch of the operational programme or programmes, even prior to the approval of the relevant communication strategies;
organising one major information activity a year which promotes the funding opportunities and the strategies pursued and presents the achievements of the operational programme or programmes, including, where relevant, major projects, joint action plans and other project examples;
displaying the Union emblem at the premises of each managing authority;
publishing electronically the list of operations in accordance with Section 1 of this Annex;
[F1giving examples of operations, in particular of operations where the added value of the intervention of the Funds is particularly visible, by operational programme, on the single website or on the operational programme’s website that is accessible through the single website portal; the examples shall be in a widely spoken official language of the Union other than the official language or languages of the Member State concerned;
updating information about the operational programme’s implementation, including its main achievements and results, on the single website or on the operational programme’s website that is accessible through the single website portal.]
the partners referred to in Article 5;
information centres on Europe, as well as Commission representation offices, and information offices of the European Parliament in the Member States;
educational and research institutions.
These bodies shall widely disseminate the information described in Article 115(1).
the Union emblem in accordance with the technical characteristics laid down in the implementing act adopted by the Commission under Article 115(4), together with a reference to the Union;
a reference to the Fund or Funds supporting the operation.
Where an information or communication measure relates to an operation or to several operations co-financed by more than one Fund, the reference provided for in point (b) may be replaced by a reference to the ESI Funds.
providing on the beneficiary's website, where such a website exists, a short description of the operation, proportionate to the level of support, including its aims and results, and highlighting the financial support from the Union;
placing, for operations not falling under points 4 and 5, at least one poster with information about the project (minimum size A3), including the financial support from the Union, at a location readily visible to the public, such as the entrance area of a building.
[X1Any document relating to the implementation of an operation which is used for the public or for participants, including any attendance or other certificate, shall include a statement to the effect that the operation was supported by the Fund or Funds.]
the total public support to the operation exceeds EUR 500 000;
the operation consists of the purchase of a physical object or of the financing of infrastructure or of construction operations.
The plaque or billboard shall state the name and the main objective of the operation. It shall be prepared in accordance with the technical characteristics adopted by the Commission in accordance with Article 115(4).
Textual Amendments
F3 Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
the funding opportunities and the launching of application calls;
the eligibility of expenditure conditions to be met in order to qualify for support under an operational programme;
a description of the procedures for examining applications for funding and of the time periods involved;
the criteria for selecting the operations to be supported;
the contacts at national, regional or local level that are able to provide information on the operational programmes;
[F1the responsibility of beneficiaries to inform the public about the aim of the operation and the support from the Funds to the operation in accordance with subsection 2.2 as from the time the beneficiary is provided with the document setting out the conditions for support to the operation referred to in point (c) of Article 125(3). The managing authority may request that potential beneficiaries propose indicative communication activities to enhance the visibility of the Funds, proportional to the size of the operation, in the applications.]
The communication strategy drawn up by the managing authority and, where appropriate, by the Member State shall include the following elements:
a description of the approach taken, including the main information and communication measures to be taken by the Member State or the managing authority and aimed at potential beneficiaries, beneficiaries, multipliers and the wider public, having regard to the aims described in Article 115;
a description of materials that will be made available in formats accessible for people with disabilities;
a description of how beneficiaries will be supported in their communication activities;
the indicative budget for implementation of the strategy;
a description of the administrative bodies, including the staff resources, responsible for implementing the information and communication measures;
the arrangements for the information and communication measures referred to in point 2, including the website or website portal at which such data may be found;
an indication of how the information and communication measures shall be assessed in terms of visibility and awareness of policy, operational programmes and operations, and of the role played by the Funds and the Union;
where appropriate, a description of the use of the main results of the previous operational programme;
[F1an annual update setting out the information and communication activities, including measures to enhance visibility of the Funds, to be carried out in the following year, based on, inter alia, lessons learnt on the effectiveness of such measures.]
Taking into account the principle of proportionality, a framework for ensuring that an appropriate risk management exercise is conducted when necessary, and in particular, in the event of major modifications to the activities.
Procedures on the fulfilment of the responsibilities of the certifying authority for monitoring the results of the management verifications and the results of the audits carried out by or under the responsibility of the audit authority before submitting payment applications to the Commission.
Regulation (EC) No 1083/2006 | This Regulation |
---|---|
Article 1 | Article 1 |
Article 2 | Article 2 |
Articles 3 and 4 | Article 89 |
Articles 5, 6 and 8 | Article 90 |
Article 7 | — |
Article 9 | Articles 4 and 6 |
Article 10 | Article 4(1) |
Article 11 | Article 5 |
Article 12 | Article 4(4) |
Article 13 | Article 4(5) |
Article 14 | Articles 4(7) and (8) and 73 |
Article 15 | Article 95 |
Article 16 | Article 7 |
Article 17 | Article 8 |
Article 18 | Article 91 |
Articles 19 to 21 | Article 92 |
Article 22 | Articles 93 and 94 |
Article 23 | Article 92(6) |
Article 24 | Article 91(3) |
Article 25 | Articles 10 and 11 |
Article 26 | Article 12 |
Article 27 | Article 15 |
Article 28 | Articles 14 and 16 |
Article 29 | Article 52 |
Article 30 | Article 53 |
Article 31 | Article 113 |
Article 32 | Articles 26, 29 and 96(9) and (10) |
Article 33 | Articles 30 and 96(11) |
Article 34 | Article 98 |
Article 35 | Article 99 |
Article 36 | Article 31 |
Article 37 | Articles 27 and 96(1) to (8) |
Article 38 | — |
Article 39 | Article 100 |
Article 40 | Article 101 |
Article 41 | Articles 102 and 103 |
Article 42 | Article 123(7) |
Article 43 | — |
Article 43a | Article 67 |
Article 43b | Article 67 |
Article 44 | Articles 37 to 46 |
Article 45 | Articles 58 and 118 |
Article 46 | Articles 59 and 119 |
Article 47 | Article 54 |
Article 48 | Articles 55, 56(1) to (3), 57 and 114(1) and (2) |
Article 49 | Articles 56(4), 57 and 114(3) |
Article 50 | Articles 20 to 22 |
Article 51 | — |
Article 52 | Article 121 |
Articles 53 and 54 | Articles 60 and 120 |
Article 55 | Article 61 |
Article 56 | Articles 65 to 70 |
Article 57 | Article 71 |
Article 58 | Article 73 |
Article 59 | Article 123 |
Article 60 | Article 125 |
Article 61 | Article 126 |
Article 62 | Article 127 |
Article 63 | Article 47 |
Article 64 | Article 48 |
Article 65 | Article 110 |
Article 66 | Article 49 |
Article 67 | Articles 50 and 111 |
Article 68 | Articles 51 and 112 |
Article 69 | Articles 115 to 117 |
Article 70 | Articles 74 and 122 |
Article 71 | Article 124 |
Article 72 | Article 75 |
Article 73 | Article 128 |
Article 74 | Article 148 |
Article 75 | Article 76 |
Article 76 | Articles 77 and 129 |
Article 77 | Articles 78 and 130 |
Articles 78 and 78a | Article 131 |
Article 79 | — |
Article 80 | Article 132 |
Article 81 | Articles 80 and 133 |
Article 82 | Articles 81 and 134 |
Article 83 | — |
Article 84 | Article 82 |
Articles 85 to 87 | Article 135 |
Article 88 | — |
Article 89 | Article 141 |
Article 90 | Article 140 |
Article 91 | Article 83 |
Article 92 | Article 142 |
Article 93 | Articles 86 and 136 |
Article 94 | — |
Article 95 | — |
Article 96 | Article 87 |
Article 97 | Article 88 |
Article 98 | Article 143 |
Article 99 | Articles 85 and 144 |
Article 100 | Article 145 |
Article 101 | Article 146 |
Article 102 | Article 147 |
Articles 103 and 104 | Article 150 |
Article 105 | Article 152 |
Article 105a | — |
Article 106 | Article 151 |
Article 107 | Article 153 |
Article 108 | Article 154 |
Regulation (EU) No 1287/2013 of the European Parliament and of the Council of 11 December 2013 establishing a Programme for the Competitiveness of Enterprises and small and medium-sized enterprises (COSME) (2014 - 2020) and repealing Decision No 1639/2006/EC (See page 33 of this Official Journal).
Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010, p. 39).
Regulation (EU) No 1293/2013 of the European Parliament and of the Council of 11 December 2013 on the establishment of a Programme for the Environment and Climate Action (LIFE) and repealing Regulation (EC) No 614/2007 (See page 185 of this Official Journal).
Regulation (EU) No 1288/2013 of the European Parliament and of the Council of 11 December 2013 establishing "Erasmus+": the Union programme for education, training, youth and sport and repealing Decisions Nos 1719/2006/EC, 1720/2006/EC and 1298/2008/EC (See page 50 of this Official Journal).
Regulation (EU) No 1296/2013 of the European Parliament and of the Council of 11 December 2013 on a European Union Programme for Employment and Social Innovation ("EaSI") and amending Decision No 283/2010/EU establishing a European Progress Microfinance Facility for employment and social inclusion (See page 238 of this Official Journal).
Regulation (EU) No 1316/2013 of the European Parliament and of the Council of 11 December 2013, establishing the Connecting Europe Facility, amending Regulation (EU) No 913/2010 and repealing Regulations (EC) No 680/2007 and (EC) No 67/2010 (OJ L 348, 20.12.2013, p. 129).
Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).
Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).
Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).
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