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Regulation (EU) No 1303/2013 of the European Parliament and of the CouncilShow full title

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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ANNEX XIU.K.

Ex ante conditionalities

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 objectivesInvestment prioritiesEx ante conditionalityCriteria 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:

  • All investment priorities under thematic objective no. 1.

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.

  • A national or regional smart specialisation strategy is in place that:

    • is based on a SWOT or similar analysis to concentrate resources on a limited set of research and innovation priorities;

    • outlines measures to stimulate private RTD investment;

    • contains a monitoring mechanism.

  • A framework outlining available budgetary resources for research and innovation has been adopted.

ERDF:

  • Enhancing research and innovation (R&I) infrastructure and capacities to develop R&I excellence, and promoting centres of competence, in particular those of European interest.

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:

  • Developing ICT products and services, e-commerce, and enhancing demand for ICT.

  • Strengthening ICT applications for e-government, e-learning, e-inclusion, e-culture and e-health.

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:

  • budgeting and prioritisation of actions through a SWOT or similar analysis consistent with the Scoreboard of the Digital Agenda for Europe;

  • an analysis of balancing support for demand and supply of ICT should have been conducted;

  • indicators to measure progress of interventions in areas such as digital literacy, e-inclusion, e-accessibility, and progress of e-health within the limits of Article 168 TFEU which are aligned, where appropriate, with existing relevant sectoral Union, national or regional strategies;

  • assessment of needs to reinforce ICT capacity-building.

ERDF:

  • Extending broadband deployment and the roll-out of high-speed networks and supporting the adoption of emerging technologies and networks for the digital economy.

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:

  • a plan of infrastructure investments based on an economic analysis taking account of existing private and public infrastructures and planned investments;

  • sustainable investment models that enhance competition and provideaccess to open, affordable, quality and future-proof infrastructure and services;

  • measures to stimulate private investment.

3.Enhancing the competitiveness of small and medium-sized enterprises (SMEs)

(referred to in point (3) of the first paragraph of Article 9)

ERDF:

  • Promoting entrepreneurship, in particular by facilitating the economic exploitation of new ideas and fostering the creation of new firms, including through business incubators.

  • Supporting the capacity of SMEs to grow in regional, national and international market, and to engage in innovation processes.

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:

  • measures have been put in place with the objective of reducing the time and cost involved in setting-up a business taking account of the targets of the SBA;

  • measures have been put in place with the objective of reducing the time needed to get licenses and permits to take up and perform the specific activity of an enterprise taking account of the targets of the SBA;

  • a mechanism is in place to monitor the implementation of the measures of the SBA which have been put in place and assess the impact on SMEs.

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:

  • Supporting energy efficiency, smart energy management and renewable energy use in public infrastructure, including in public buildings, and in the housing sector.

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:

  • measures to ensure minimum requirements are in place related to the energy performance of buildings consistent with Article 3, Article 4 and Article 5 of Directive 2010/31/EU of the European Parliament and of the Councila;

  • measures necessary to establish a system of certification of the energy performance ofbuildings consistent with Article 11 of Directive 2010/31/EU;

  • measures to ensure strategic planning on energy efficiency, consistent with Article 3 of Directive 2012/27/EU of the European Parliament and of the Councilb;

  • measures consistent with Article 13 of Directive 2006/32/EC of the European Parliament and of the Councilc on energy end-use efficiency and energy services to ensure the provision to final customers of individual meters in so far as it is technically possible, financially reasonable and proportionate in relation to the potential energy savings.

ERDF + Cohesion Fund:

  • Promoting the use of high-efficiency co-generation of heat and power based on useful demand.

4.2.Actions have been carried out to promote high-efficiency co-generation of heat and power.

The actions are:

  • Support for co-generation is based on useful heat demand and primary energy savings consistent with Article 7(1) and points (a) and (b) of Article 9(1) of Directive 2004/8/EC, Member States or their competent bodies have evaluated the existing legislative and regulatory framework with regard to authorisation procedures or other procedures in order to:

    (a)

    encourage the design of co-generation units to match economically justifiable demands foruseful heat output and avoid production of more heat than useful heat; and

    (b)

    reduce the regulatory and non-regulatory barriers to an increase in co-generation.

ERDF + Cohesion Fund:

  • Promoting the production and distribution of energy derived from renewable sources.

4.3.Actions have been carried out to promote the production and distribution of renewable energy sourcesd.

  • Transparent support schemes, priority in grid access or guaranteed access and priority in dispatching, as well as standard rules relating to the bearing and sharing of costs of technical adaptations which have been made public are in place consistent with Article 14(1), Article 16(2) and 16(3) of Directive 2009/28/EC of the European Parliament and of the Councild.

  • A Member State has adopted a national renewable energy action plan consistent with Article 4 of Directive 2009/28/EC.

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:

  • Promoting investment to address specific risks, ensuring disaster resilience and developing disaster management systems.

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:

  • a description of the process, methodology, methods, and non-sensitive data used for risk assessment as well as of the risk-based criteria for the prioritisation of investment;

  • a description of single-risk and multi-risk scenarios;

  • taking into account, where appropriate, national climate change adaptation strategies.

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:

  • Investing in the water sector to meet the requirements of the Union's environmental acquis and to address needs, identified by the Member States for investment that goes beyond those requirements.

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.

  • In sectors supported by the ERDF and the Cohesion Fund, a Member State has ensured a contribution of the different water uses to the recovery of the costs of water services by sector consistent with the first indent of Article 9(1) of Directive 2000/60/EC having regard, where appropriate, to the social, environmental and economic effects of the recovery as well as the geographic and climatic conditions of the region or regions affected.

  • The adoption of a river basin management plan for the river basin district consistent with Article 13 of Directive 2000/60/EC

ERDF + Cohesion Fund:

  • Investing in the waste sector to meet the requirements of the Union's environmental acquis and to address needs, identified by the Member States, for investment that goes beyond those requirements.

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.

  • An implementation report as requested by Article 11(5) of Directive 2008/98/EC has been submitted to the Commission on progress towards meeting the targets set out in Article 11 of Directive 2008/98/EC.

  • The existence of one or more waste management plans as required under Article 28 of Directive 2008/98/EC;

  • The existence of waste prevention programmes, as required under Article 29 of Directive 2008/98/EC;

  • Necessary measures to achieve the targets on preparation for re-use and recycling by 2020 consistent with Article 11(2) of Directive 2008/98/EC have been adopted.

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:

  • Supporting a multimodal Single European Transport Area by investing in the TEN-T.

  • Developing and rehabilitating comprehensive, high quality and interoperable railway systems, and promoting noise-reduction measures.

  • Developing and improving environmentally-friendly (including low-noise) and low-carbon transport systems, including inland waterways and maritime transport, ports, multimodal links and airport infrastructure, in order to promote sustainable regional and local mobility.

ERDF:

  • Enhancing regional mobility by connecting secondary and tertiary nodes to TEN-T infrastructure, including multimodal nodes.

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.

  • The existence of a comprehensive transport plan or plans or framework or frameworks for transport investment which complies with legal requirements for strategic environmental assessment and sets out:

    • the contribution to the single European Transport Area consistent with Article 10 of Regulation (EU) No 1315/2013 of the European Parliament and of the Councile, including priorities for investments in:

      • the core TEN-T network and the comprehensive network where investment from the ERDF and the Cohesion Fund is envisaged; and

      • secondary connectivity;

    • a realistic and mature pipeline for projects for which support from the ERDF and the Cohesion Fund is envisaged;

  • Measures to ensure the capacity of intermediary bodies and beneficiaries to deliver the project pipeline.

ERDF + Cohesion Fund:

  • Supporting a multimodal Single European Transport Area by investing in the TEN-T.

  • Developing and rehabilitating comprehensive, high quality and interoperable railway systems, and promoting noise-reduction measures.

  • Developing and improving environmentally-friendly (including low-noise) and low-carbon transport systems, including inland waterways and maritime transport, ports, multimodal links and airport infrastructure, in order to promote sustainable regional and local mobility.

ERDF:

  • Enhancing regional mobility by connecting secondary and tertiary nodes to TEN-T infrastructure, including multimodal nodes.

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.

  • The existence of a section on railway development within the transport plan or plans or framework or frameworks as set out above which complies withlegal requirements for strategic environmental assessment (SEA) and sets out a realistic and mature project pipeline (including a timetable and budgetary framework);

  • Measures to ensure the capacity of intermediary bodies and beneficiaries to deliver the project pipeline.

ERDF + Cohesion Fund:

  • Supporting a multimodal Single European Transport Area by investing in the TEN-T.

  • Developing and rehabilitating comprehensive, high quality and interoperable railway systems, and promoting noise-reduction measures.

  • Developing and improving environmentally-friendly (including low-noise) and low-carbon transport systems, including inland waterways and maritime transport, ports, multimodal links and airport infrastructure, in order to promote sustainable regional and local mobility.

ERDF:

  • Enhancing regional mobility through connecting secondary and tertiary nodes to TEN-T infrastructure, including multimodal nodes.

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.

  • The existence of a section on inland-waterways and maritime transport, ports, multimodal links and airport infrastructure within the transport plan or plans or framework or frameworks which:

    • complies with legal requirements for strategic environmental assessment;

    • sets out a realistic and mature project pipeline (including a timetable and budgetary framework);

  • Measures to ensure the capacity of intermediary bodies and beneficiaries to deliver the project pipeline.

ERDF:

  • Improving energy efficiency and security of supply through the development of smart energy distribution, storage and transmission systems and through the integration of distributed generation from renewable sources.

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

  • Comprehensive plans describing the national energy infrastructure priorities are in place that are:

    • in accordance with Article 22 of Directive 2009/72/EC and of Directive 2009/73/EC, where applicable, and

    • consistent with the relevant regional investment plans under Article 12 and with the Union-wide ten-year network development plan in accordance with point (b) of Article 8(3) of Regulation (EC) No 714/2009 of the European Parliament and of the Councilf and with Regulation (EC) No 715/2009 of the European Parliament and of the Councilg, and

    • compatible with Article 3(4) of Regulation (EU) No 347/2013 of the European Parliament and of the Councilh;.

  • Those plans shall contain:

    • a realistic and mature project pipeline for projects for which support from the ERDF is envisaged;

    • measures to achieve the objectives of social and economic cohesion and environmental protection, in line with Article 3(10) of Directive 2009/72/EC and Article 3(7) of Directive 2009/73/EC;

    • measures to optimise the use of energy and promote energy efficiency, in line with Article 3(11) of Directive 2009/72/EC and Article 3(8) of Directive 2009/73/EC.

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:

  • Access to employment for job-seekers and inactive people, including the long-term unemployed and people far from the labour market, also through local employment initiatives and support for labour mobility.

8.1.Active labour market policies are designed and delivered in the light of the Employment guidelines.

  • Employment services have the capacity to, and do, deliver:

    • personalised services and active and preventive labour market measures at an early stage, which are open to all jobseekers while focusing on people at highest risk of social exclusion, including people from marginalised communities;

    • comprehensive and transparent information on new job vacancies and employment opportunities taking into account the changing needs of the labour market.

  • Employment services have set up formal or informal cooperation arrangements with relevant stakeholders.

ESF:

  • Self employment, entrepreneurship and business creation including innovative micro, small and medium-sized enterprises.

ERDF:

  • Supporting the development of business incubators and investment support for self-employment, micro-enterprises and business creation.

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:

  • measures have been put in place with the objective of reducing the time and cost involved in setting up a business, taking account of the targets of the SBA;

  • measures have been put in place with the objective of reducing the time needed to get licenses and permits to take up and perform the specific activity of an enterprise, taking account of the targets of the SBA;

  • actions linking suitable business development services and financial services (access to capital), including reaching out to disadvantaged groups, areas, or both, where needed.

ESF:

  • Modernisation of labour market institutions, such as public and private employment services, and improving the matching of labour market needs, including through actions that enhance transnational labour mobility as well as through mobility schemes and better cooperation between institutions and relevant stakeholders.

ERDF:

  • Investing in infrastructure for employment services.

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

  • Actions to reform employment services, aiming at providing them with the capacity to deliver:

    • personalised services and active and preventive labour market measures at an early stage, which are open to all jobseekers while focusing on people athighest risk of social exclusion, including people from marginalised communities;

    • comprehensive and transparent information on new job vacancies and employment opportunities taking into account the changing needs of the labour market.

  • Reform of employment services will include the creation of formal or informal cooperation networks with relevant stakeholders.

ESF:

  • Active and healthy ageing.

8.4.Active and healthy ageing: Active ageing policies are designed in the light of the Employment Guidelines

  • Relevant stakeholders are involved in the design and follow-up of active ageing policies with a view to retaining elderly workers on the labour market and promoting their employment;

  • A Member State has measures in place to promote active ageing.

ESF:

  • Adaptation of workers, enterprises and entrepreneurs to change.

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:

  • to promote anticipation of change;

  • to promote the preparation and management of the restructuring process.

ESF:

  • Sustainable integration into the labour market of young people, in particular those not in employment, education or training, including young people at risk of social exclusion and young people frommarginalised communities, including through the implementation of the Youth Guarantee.

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:

  • is based on evidence that measures the results for young people not in employment, education or training and thatrepresents a base to develop targeted policies and monitor developments;

  • identifies the relevant public authority in charge of managing youth employment measures and coordinating partnerships across all levels and sectors;

  • involves stakeholders that are relevant for addressing youth unemployment;

  • allows early intervention and activation;

  • comprises supportive measures for access to employment, enhancing skills, labour mobility and sustainable integration of young people not in employment, education or training into the labour market.

9.Promoting social inclusion, combating poverty and any discrimination

(poverty target)

(referred to in point (9) of the first paragraph of Article 9)

ESF:

  • Active inclusion, including with a view to promoting equal opportunities and active participation, and improving employability.

ERDF:

  • Investing in health and social infrastructure which contributes to national, regional and local development, reducing inequalities in terms of health status, promoting social inclusion through improved access tosocial, cultural and recreational services and the transition from institutional to community-based services.

  • Providing support for physical, economic and social regeneration of deprived communities in urban and rural areas.

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.

  • A national strategic policy framework for poverty reduction, aiming at active inclusion, is in place that:

    • provides a sufficient evidence base to develop policies for poverty reduction and monitor developments;

    • contains measures supporting the achievement of the national poverty and social exclusion target (as defined in the National Reform Programme), which includes the promotion of sustainable and quality employment opportunities for people at the highest risk ofsocial exclusion, including people from marginalised communities;

    • involves relevant stakeholders in combating poverty;

    • depending on the identified needs, includes measures for the shift from institutional to community based care;

  • Upon request and where justified, relevant stakeholders will be provided with support for submitting project applications and for implementing and managing the selected projects.

ESF:

  • Socio-economic integration of marginalised communities such as the Roma.

ERDF:

  • Investing in health and social infrastructure which contributes to national, regional and local development, reducing inequalities in terms of health status, promoting social inclusion through improved access to social, cultural and recreational services and the transition from institutional to community-based services.

  • Providing support for physical, economic and social regeneration of deprived communities in urban and rural areas.

  • Investing in education, training and vocational training for skills and lifelong learning by developing education and training infrastructure.

9.2.A national Roma inclusion strategic policy framework is in place

  • A national Roma inclusion strategic policy framework is in place that:

    • sets achievable national goals for Roma integration to bridge the gap with the general population. These targets should address the four EU Roma integration goals relating to access to education, employment, healthcare and housing;

    • identifies where relevant those disadvantaged micro-regions or segregated neighbourhoods, where communities are most deprived, using already availablesocio-economic and territorial indicators (i.e. very low educational level, long-term unemployment, etc);

    • includes strong monitoring methods to evaluate the impact of Roma integration actions and a review mechanism for the adaptation of the strategy;

    • is designed, implemented and monitored in close cooperation and continuous dialogue with Roma civil society, regional and local authorities.

  • Upon request and where justified, relevant stakeholders will be provided with support for submitting project applications and for implementing and managing the selected projects.

ESF:

  • Enhancing access to affordable, sustainable and high-quality services, including health care and social services of general interest.

ERDF:

  • Investing in health and social infrastructure which contributes to national, regional and local development, reducing inequalities in terms of health status, promoting social inclusion through improved access to social, cultural and recreationalservices and thetransition from institutional to community-based services.

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.

  • A national or regional strategic policy framework for health is in place that contains:

    • coordinated measures to improve access to health services;

    • measures to stimulate efficiency in the health sector, through deployment of service delivery models and infrastructure;

    • a monitoring and review system.

  • A Member State or region has adopted a framework outlining available budgetary resources on an indicative basis and a cost-effective concentration ofresources on prioritised needs for health care.

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:

  • Reducing and preventing early school-leaving and promoting equal access to good quality early-childhood, primary and secondary education, including formal, non-formal and informal learning pathways for reintegrating into education and training.

ERDF:

  • Investing in education, training and vocational training for skills and lifelong learning by developing education and training infrastructure.

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.

  • A system for collecting and analysing data and information on ESL at relevant levels is in place that:

    • provides a sufficient evidence-base to develop targeted policies and monitors developments.

  • A strategic policy framework on ESL is in place that:

    • is based on evidence;

    • covers relevant educational sectors including early childhood development, targets in particular vulnerable groups that are most at risk of ESL including people from marginalised communities, and addresses prevention, intervention and compensation measures;

    • involves all policy sectors and stakeholders that are relevant to addressing ESL.

ESF:

  • Improving the quality and efficiency of, and access to, tertiary and equivalent education with a view to increasing participation and attainment levels, especially for disadvantaged groups.

ERDF:

  • Investing in education, training and vocational training for skills and lifelong learning by developing education and training infrastructure.

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:

  • where necessary, measures to increaseparticipation and attainment that:

    • increase higher education participation among low income groups and other under-represented groups with special regard to disadvantaged people, including people from marginalised communities;

    • reduce drop-out rates/improve completion rates;

    • encourage innovative content and programme design;

  • measures to increase employability and entrepreneurship that:

    • encourage the development of "transversal skills", including entrepreneurship in relevant higher education programmes;

    • reduce gender differences in terms of academic and vocational choices.

ESF:

  • Enhancing equal access to lifelong learning for all age groups in formal, non-formal and informal settings, upgrading the knowledge, skills and competences of the workforce, and promoting flexible learning pathways including through career guidance and validation of acquired competences.

ERDF:

  • Investing in education, training and vocational training for skills and lifelong learning by developing education and training infrastructure.

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:

  • to support the developing and linking services for LL, including their implementation and skills upgrading (i.e. validation, guidance, education and training) and providing for the involvement of, and partnership with relevant stakeholders;

  • for the provision of skills development for various target groups where these are identified as priorities in national or regional strategic policy frameworks (for example young people in vocational training, adults, parents returning to the labour market, low skilled and older workers, migrants and other disadvantaged groups, in particular people with disabilities);

  • to widen access to LL including through efforts to effectively implement transparency tools (for example the European Qualifications Framework, National Qualifications Framework, European Credit system for Vocational Education and Training, European Quality Assurance in Vocational Education and Training);

  • to improve the labour market relevance of education and training and to adapt it to the needs of identified target groups (for example young people in vocational training, adults, parents returning to the labour market, low-skilled and older workers, migrants and other disadvantaged groups, in particular people with disabilities).

ESF:

  • Improving the labour market relevance of education and training systems, facilitating the transition from education to work, and strengthening vocational education and training (VET) systems and their quality, including through mechanisms for skills anticipation, adaptation of curricula and the establishment and development of work-based learning systems, including dual learning systems and apprenticeship schemes.

ERDF:

  • Investing in education, training and vocational training for skills and lifelong learning by developing education and training infrastructure

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:

  • to improve the labour market relevance of VET systems in close cooperation with relevant stakeholders including through mechanisms for skills anticipation, adaptation of curricula and the strengthening of work-based learning provision in its different forms;

  • to increase the quality and attractiveness of VET including through establishing a national approach for quality assurance for VET (for example in line with the, European Quality Assurance Reference Framework for Vocational Education and Training) and implementing the transparency and recognition tools, for example European Credit system for Vocational Education and Training. (ECVET).

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:

  • Investment in institutional capacity and in the efficiency of public administrations and public services at the national, regional and local levels with a view to reforms, better regulation and good governance.

ERDF:

  • Enhancing institutional capacity of public authorities and stakeholders and efficient public administration through actions to strengthen the institutional capacity and the efficiency of public administrations and public services related to the implementation of the ERDF, and in support of actions under the ESF to strengthen the institutional capacity and the efficiency of public administration.

Cohesion Fund:

  • Enhancing institutional capacity of public authorities and stakeholders and efficient public administration through actions to strengthen the institutional capacity and the efficiency of public administrations and public services related to the implementation of the 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:

  • an analysis and strategic planning of legal, organisational and/or procedural reform actions;

  • the development of quality management systems;

  • integrated actions for simplification and rationalisation of administrative procedures;

  • the development and implementation of human resources strategies and policies covering the main gaps identified in this field;

  • the development of skills at all levels of the professional hierarchy within public authorities;

  • the development of procedures and tools for monitoring and evaluation.

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

(OJ L 197, 21.7.2001, p. 30).

AreaEx ante conditionalityCriteria 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
  • Arrangements in accordance with the institutional and legal framework of Member States for the involvement of bodies responsible for the promotion of equal treatment of all persons throughout the preparation and implementation of programmes, including the provision of advice on equality in ESI fund-related activities;

  • Arrangements for training for staff of the authorities involved in the management and control of the ESI Funds in the fields of Union anti-discrimination law and policy.

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
  • Arrangements in accordance with the institutional and legal framework of Member States for the involvement of bodies responsible for gender equality throughout the preparation and implementation of programmes, including the provision of advice on gender equality in ESI Fund-related activities;

  • Arrangements for training for staff of the authorities involved in the management and control of the ESI Funds in the fields of Union gender equality law and policy as well as on gender mainstreaming.

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
  • Arrangements in accordance with the institutional and legal framework of Member States for the consultation and involvement of bodies in charge of protection of rights of persons with disabilities or representative organisations of persons with disabilities and other relevant stakeholders throughout the preparation and implementation of programmes;

  • Arrangements for training for staff of the authorities involved in the management and control of the ESI Funds in the fields of applicable Union and national disability law and policy, including accessibility and the practical application of the UNCRPD as reflected in Union and national legislation, as appropriate;

  • Arrangements to ensure monitoring of the implementation of Article 9 of the UNCRPD in relation to the ESI Funds throughout the preparation and the implementation of the programmes.

4.Public procurement

The existence of arrangements for the effective application of Union public procurement law in the field of the ESI Funds.
  • Arrangements for the effective application of Union public procurement rules through appropriate mechanisms;

  • Arrangements which ensure transparent contract award procedures;

  • Arrangements for training and dissemination of information for staff involved in the implementation of the ESI funds;

  • Arrangements to ensure administrative capacity for implementation and application of Union public procurement rules.

5.State aid

The existence of arrangements for the effective application of Union State aid rules in the field of the ESI Funds.
  • Arrangements for the effective application of Union State aid rules;

  • Arrangements for training and dissemination of information for staff involved in the implementation of the ESI funds;

  • Arrangements to ensure administrative capacity for implementation and application of Union State aid rules.

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.
  • Arrangements for the effective application of Directive 2011/92/EU of the European Parliament and of the Councilb (EIA) and of Directive 2001/42/EC of the European Parliament and of the Councilc (SEA);

  • Arrangements for training and dissemination of information for staff involved in the implementation of the EIA and SEA Directives;

  • Arrangements to ensure sufficient administrative capacity.

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.

  • Arrangements for timely collection and aggregation of statistical data with the following elements are in place:

    • the identification of sources and mechanisms to ensure statistical validation;

    • arrangements for publication and public availability of aggregated data;

  • An effective system of result indicators including:

    • the selection of result indicators for each programme providing information on what motivates the selection of policy actions financed by the programme;

    • the establishment of targets for these indicators;

    • the consistency of each indicator with the following requisites: robustness and statistical validation, clarity of normative interpretation, responsiveness to policy, timely collection of data;

  • Procedures in place to ensure that all operations financed by the programme adopt an effective system of indicators.

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