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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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Regulation (EU) No 1303/2013 of the European Parliament and of the Council, ANNEX XI is up to date with all changes known to be in force on or before 06 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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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 by citizens, 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 atregional 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. |
|
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