Commission Implementing Regulation (EU) No 184/2014Dangos y teitl llawn

[F1 Commission Implementing Regulation (EU) No 184/2014

of 25 February 2014

laying down pursuant to Regulation (EU) No 1303/2013 of the European Parliament and of the Council 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, the terms and conditions applicable to the electronic data exchange system between the Member States and the Commission and adopting pursuant to Regulation (EU) No 1299/2013 of the European Parliament and of the Council on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal, the nomenclature of the categories of intervention for support from the European Regional Development Fund under the European territorial cooperation goal

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to 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(1), and in particular Article 74(4) thereof,

Regulation (EU) No 1299/2013 of the European Parliament and of the Council of 17 December 2013 on specific provisions for the support from the European Regional Development Fund to the European territorial cooperation goal(2), and in particular the second subparagraph of Article 8(2) thereof,

Whereas:

(1) The provisions in this Regulation are closely linked, since they all deal with aspects required for the preparation of operational programmes under the Investment for growth and jobs goal and under the European territorial cooperation goal. To ensure coherence between those provisions, which should enter into force at the same time, and to facilitate a comprehensive view and compact access to them by all Union residents, it is desirable to include provisions on categories of intervention for the European territorial cooperation goal into this implementing act as the procedure with regard to the consultation of the Coordination Committee for the European Structural and Investment Funds established by Article 150(1) of Regulation (EU) No 1303/2013 is the same as for the other provisions covered by this implementing act, whereas categories of intervention for the Investment for growth and jobs goal are subject to a different procedure.

(2) Pursuant to Article 74(4) of Regulation (EU) No 1303/2013 all official exchanges of information between the Member State and the Commission shall be carried out using an electronic data exchange system. It is therefore necessary to establish the terms and conditions with which that electronic data exchange system should comply.

(3) The modalities of exchange of information between the Member State and the Commission should be considered distinct from those established for the exchanges of information between beneficiaries and relevant authorities pursuant to Article 122(3) of Regulation (EU) No 1303/2013 and which are subject to a different implementing act. In order to guarantee enhanced quality of information on the implementation of operational programmes, improved usefulness of the system and simplification, it is necessary to specify basic requirements for the form and scope of the information to be exchanged.

(4) It is necessary to specify principles, as well as applicable rules for operation of the system with regard to the identification of the party responsible for uploading the documents and making any updates thereto.

(5) In order to guarantee the reduction of the administrative burden for the Member States and the Commission while ensuring the efficient and effective electronic exchange of information, it is necessary to establish technical characteristics for the system.

(6) Member States and the Commission should also have a possibility to encode and transfer data in two different ways to be specified. It is also necessary to provide for rules in the event of force majeure hindering the use of the electronic data exchange system, to ensure that both Member States and the Commission can continue to exchange information by alternative means.

(7) Member States and the Commission should ensure that transfer of data through the electronic data exchange system is performed in a secured manner allowing for availability, integrity, authenticity, confidentiality and non-repudiation of information. Therefore rules on security should be set out.

(8) This Regulation should respect the fundamental rights and observe the principles recognised by the Charter of Fundamental Rights of the European Union, and notably the right to protection of personal data. This Regulation should therefore be applied in accordance with these rights and principles. Concerning personal data processed by Member States, Directive 95/46/EC of the European Parliament and of the Council(3) applies. Concerning the processing of personal data by the Union institutions and bodies and the free movement of such data, Regulation (EC) No 45/2001 of the European Parliament and of the Council(4) applies.

(9) Pursuant to the second subparagraph of Article 8(2) of Regulation (EU) No 1299/2013, it is necessary to specify common categories of intervention for programmes under the European territorial cooperation goal to enable Member States to submit to the Commission consistent information on the programmed use of the European Regional Development Fund (ERDF), as well as information on the cumulative allocation and expenditure of the ERDF by category and the number of operations throughout the application period of a programme. This is to enable the Commission to inform the other Union institutions and citizens of the Union in an appropriate manner about the use of the ERDF.

(10) In order to allow for the prompt application of the measures provided for in this Regulation, this Regulation should enter into force on the day following that of its publication in the Official Journal of the European Union.

(11) The measures provided for in this Regulation are in accordance with the first subparagraph of Article 150(3) of Regulation (EU) No 1303/2013, as the Coordination Committee for the European Structural and Investment Funds established by Article 150(1) of that Regulation delivered an opinion,

HAS ADOPTED THIS REGULATION:]

Textual Amendments

F1 Regulation revoked to the extent that it applies to the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund (31.12.2020) by The European Structural and Investment Funds Common Provisions Rules etc. (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/783), regs. 1, 10(a); 2020 c. 1, Sch. 5 para. 1(1)

(1)

OJ L 347, 20.12.2013, p. 320.

(2)

OJ L 347, 20.12.2013, p. 259.

(3)

Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

(4)

Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).