The Structural Funds (National Assembly for Wales) Regulations 2006

Explanatory Note

(This note is not part of the Regulations)

These Regulations enable the National Assembly for Wales (“the Assembly”) to exercise in relation to Wales certain functions under Council Regulation (EC) No. 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No. 1260/1999 (“the 2006 Structural Funds Regulation”). The functions concerned are in respect of the European Regional Development Fund and the European Social Fund and comprise:

Article of the 2006 Structural Funds Regulation	Brief description of function
Article 11	Being a participant in partnership involving the Commission, the Member State and authorities and bodies designated by the Member State.
Article 32(2)	Preparing an operational programme.
Article 32(3)	Submitting a proposal for an operational programme to the Commission.
Articles 47 and 48	Functions in relation to evaluating operational programmes.
Article 56(4)	Laying down expenditure eligibility rules.
Articles 63	Setting up operational programme monitoring committees.
Article 69	Providing information and publicising operational programmes.
Article 71	Submitting descriptions of management and control of operational programmes to the Commission.
Article 76(2)	Receiving payments from the Commission.
Articles 98 and 100	Functions in relation to financial corrections.

Provision is also made for the designation with regard to Wales of the Assembly as a managing authority, certifying authority and an audit authority under the 2006 Structural Funds Regulation (in relation to the European Regional Development Fund and the European Social Fund). The Assembly will also be empowered to designate others to carry out managing or certifying authority functions.

In respect of the functions conferred on a Member State by Articles 71, 98 and 100 of the 2006 Structural Funds Regulation, the functions are exercisable in relation to Wales by a Minister of the Crown as well as by the Assembly.

Additionally, these Regulations enable the Assembly to exercise in relation to Wales certain functions under Regulation (EC) No. 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund and repealing Regulation (EC) No. 1783/1999 (“the 2006 Regional Development Fund Regulation”). These functions are applicable in cases where the Assembly will participate in European Regional Development Fund operational programmes under the so-called European Territorial Co-operation Objective (in general terms, the objective of strengthening cross-border and inter-regional co-operation). The functions concerned are:

Article of the 2006 Regional Development Fund Regulation	Brief description of function
Article 14	Various management related functions including jointly appointing a managing authority, a certifying authority and an audit authority; and appointing monitoring committee representatives.
Article 16	Setting up control systems and designating controllers.
Article 17	Financial management functions.

Where a function is made exercisable by the Assembly under the Regulations, there is transferred to the Assembly from the Secretary of State, the property and rights to which he is entitled and any liabilities to which he is subject in connection with the function.

A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.