Regulation (EU) No 1303/2013 of the European Parliament and of the CouncilDangos y teitl llawn

Regulation (EU) No 1303/2013 of the European Parliament and of the Councilof 17 December 2013laying 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

[F2Article 70E+S+N.I. Eligibility of operations depending on location

1.Subject to the derogations referred to in paragraph 2 and the Fund-specific rules, operations supported by [F3support for rural development] shall be located in the programme area.

Operations concerning the provision of services to citizens or businesses which cover the whole territory of a [F4relevant authority] shall be considered as being located in all programme areas within a [F5constituent nation]. In such cases, expenditure shall be allocated to the concerned programme areas on a pro-rata basis, based on objective criteria.

The second subparagraph of this paragraph does not apply to the national programme referred to in Article 6(2) of Regulation (EU) No 1305/2013 or to the specific programme for the establishment and the operation of the national rural network referred to in Article 54(1) of that Regulation.

2.The managing authority may accept that an operation is implemented outside the programme area F6... provided that all the following conditions are satisfied:

(a)the operation is for the benefit of the programme area;

(b)[F7the total amount allocated under the programme to operations located outside the programme area does not exceed 15% of the support for rural development at the level of the priority at the time of the adoption of the programme;]

(c)the monitoring committee has given its agreement to the operation or types of operations concerned;

(d)the obligations of the authorities for the programme in relation to management, control and audit concerning the operation are fulfilled by the authorities responsible for the programme under which that operation is supported or they enter into agreements with authorities in the area in which the operation is implemented.

Where operations F8... are implemented outside the programme area in accordance with this paragraph and have benefits both outside and within the programme area, such expenditure shall be allocated to those areas on a pro rata basis based on objective criteria.

F9...

3.For operations concerning technical assistance or information, communication and visibility measures and promotional activities, and for operations concerning the thematic objective referred to in point (1) of the first paragraph of Article 9, expenditure may be incurred outside [F10the constituent nations] provided that the expenditure is necessary for the satisfactory implementation of the operation.

F114.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Extent Information

E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales

Textual Amendments

[F12Article 70W Eligibility of operations depending on location

1.Subject to the derogations referred to in paragraph 2 F13..., operations supported by [F14support for rural development] shall be located in the programme area.

Operations concerning the provision of services to citizens or businesses which cover the whole territory of a [F15relevant authority] shall be considered as being located in all programme areas within a [F16constituent nation]. In such cases, expenditure shall be allocated to the concerned programme areas on a pro-rata basis, based on objective criteria.

F17...

2.The managing authority may accept that an operation is implemented outside the programme area F18... provided that all the following conditions are satisfied:

(a)the operation is for the benefit of the programme area;

(b)[F19the total amount allocated under the programme to operations located outside the programme area does not exceed 15% of the support for rural development at the level of the priority at the time of the adoption of the programme;]

F20(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)the obligations of the authorities for the programme in relation to management, control and audit concerning the operation are fulfilled by the authorities responsible for the programme under which that operation is supported or they enter into agreements with authorities in the area in which the operation is implemented.

Where operations F21... are implemented outside the programme area in accordance with this paragraph and have benefits both outside and within the programme area, such expenditure shall be allocated to those areas on a pro rata basis based on objective criteria.

F22...

3.For operations concerning F23... information, communication and visibility measures and promotional activities F24... expenditure may be incurred outside [F25the constituent nations] provided that the expenditure is necessary for the satisfactory implementation of the operation.

F264.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ]

Extent Information

E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland

Textual Amendments

F13Words in Art. 70(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(a)(i)

F17Words in Art. 70(1) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(a)(ii)

F20Art. 70(2)(c) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(b)

F23Words in Art. 70(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(c)(i)

F24Words in Art. 70(3) omitted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by virtue of The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(28)(c)(ii)