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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 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

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[F1ANNEX IU.K.COMMON STRATEGIC FRAMEWORK

Textual Amendments

F1Annex 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(35)

1.INTRODUCTIONU.K.

[F2In order to promote the harmonious, balanced and sustainable development of the constituent nations and to maximise the contribution of support for rural development, including to economic, social and territorial cohesion, it is necessary to ensure that policy commitments are underpinned by investment. The Common Strategic Framework (CSF) shall therefore, in accordance with Article 10 and in compliance with the priorities and objectives laid down in the Fund-specific Regulations, provide strategic guiding principles in order to achieve an integrated development approach, in line with policy objectives, and, where appropriate, the flagship initiatives, while taking into account the key territorial challenges and specific national, regional and local contexts.]

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2.[F3COHERENCE WITH ECONOMIC GOVERNANCE]U.K.

1.To support effective targeting of smart, sustainable and inclusive growth in the F4... programmes this Regulation identifies eleven thematic objectives, set out in the first paragraph of Article 9, corresponding to the priorities of F5... which shall receive support from [F6support for rural development].U.K.

Textual Amendments

2.In line with the thematic objectives set out in the first paragraph of Article 9, [F7the relevant authority] shall, in order to ensure critical mass necessary to deliver growth and jobs, concentrate support in accordance with Article 18 of this Regulation and with the Fund-specific rules on thematic concentration, and shall ensure the effectiveness of spending. [F8The relevant authority] shall give particular attention to prioritising growth-friendly expenditure, including spending on education, research, innovation and energy efficiency and expenditure to facilitate the access of SMEs to finance, and to ensure environmental sustainability, and the management of natural resources and climate action as well as to modernise public administration. They shall also take account of maintaining or reinforcing the coverage and effectiveness of employment services and active labour market policies in order to combat unemployment, with a focus on youth and tackle the social consequences of the crisis, and promote social inclusion.U.K.

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3.F9. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

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4.In order to determine the way in which [F6support for rural development] can most effectively contribute to F5... , and to take account of the Treaty objectives, including economic, social and territorial cohesion, [F7the relevant authority] shall select the thematic objectives for the planned use of [F6support for rural development] within the appropriate national, regional and local contexts.U.K.

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3.INTEGRATED APPROACH TO AND ARRANGEMENTS FOR THE USE OF [F6SUPPORT FOR RURAL DEVELOPMENT]U.K.

3.1IntroductionU.K.

1.F10... [F11The relevant authority] shall ensure that the selection of thematic objectives and investment and F12... priorities addresses development needs and territorial challenges in an integrated manner in line with the analysis set out in section 6.4. [F11The relevant authority] shall seek to make maximum use of the possibilities for ensuring coordinated and integrated delivery of [F6support for rural development].U.K.

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2.F13. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

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3.2Coordination and complementarityU.K.

1.[F14The relevant authority and the Managing Authority responsible for each programme must work closely together in the preparation, implementation, monitoring and evaluation of the programme. In particular they shall ensure that the following actions are carried out:]U.K.
(a)

identify areas of intervention where [F6support for rural development] can be combined in a complementary manner to achieve the thematic objectives set out in this Regulation;

(b)

F15. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c)

promote the involvement of managing authorities responsible for other ESI Funds and relevant ministries in the development of support schemes to ensure coordination and synergies and to avoid overlaps;

(d)

establish, where appropriate, joint monitoring committees for programmes implementing [F6support for rural development], and the development of other joint management and control arrangements to facilitate coordination between authorities responsible for the implementation of [F6support for rural development];

(e)

make use of available joint eGovernance solutions, which may assist applicants and beneficiaries, and make the widest possible use of "one-stop shops", including for advice on the opportunities of support available through each of [F6support for rural development];

(f)

F16. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ....

(g)

promote common approaches between ESI Funds with regard to guidance for the development of operations, calls for proposals and selection processes or other mechanisms to facilitate access to Funds for integrated projects;

(h)

encourage cooperation between managing authorities of different ESI Funds in the areas of monitoring, evaluation, management and control, and audit.

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3.3Encouraging integrated approachesU.K.

1.[F17The relevant authority] shall, where appropriate, combine [F6support for rural development] into integrated packages at local, regional or national level, which are tailor-made to address specific territorial challenges in order to support the achievement of the objectives set out in the F18... programmes. This can be done using F19... Integrated operations, Joint Action Plans and community-led local development.U.K.

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2.F20...U.K.

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3.In accordance with the relevant provisions of the Fund-specific rules, to increase impact and effectiveness in a thematically coherent integrated approach a priority axis may concern more than one category of region, combine one or more complementary investment priorities F21... and, in duly justified cases combine one or more complementary investment priorities from different thematic objectives in order to achieve the maximum contribution to that priority axis.U.K.

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4.[F22The relevant authority must promote, in accordance with their institutional and legal framework and with Article 32 the development of local and sub-regional approaches. Community-led local development must be implemented in the context of a strategic approach to ensure that the “bottom-up” definition of local needs takes account of priorities set at a higher level. The relevant authority must therefore define the approach to community-led local development in its rural development programme.]U.K.

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4.COORDINATION AND SYNERGIES BETWEEN [F23SUPPORT FOR RURAL DEVELOPMENT] AND OTHER UNION POLICIES AND INSTRUMENTSU.K.

Coordination by [F24the relevant authority] as envisaged under this section shall apply in so far as a [F25relevant authority] intends to make use of support from [F6support for rural development] and [F26retained direct EU legislation] in the relevant policy area. The F27... programmes set out in this section do not constitute an exhaustive list.

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4.1IntroductionU.K.

1.[F28The relevant authority must] take into consideration the impact of F29... policies at national and regional level, and on social, economic and territorial cohesion with a view to fostering synergies and effective coordination and to identifying and promoting the most suitable means of using F29... funds to support local, regional and national investment. [F30The relevant authority] shall also ensure complementarity between F29... policies and instruments and national, regional and local interventions.U.K.

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2.[F31The relevant authority must] ensure coordination between [F6support for rural development] and other relevant [F32law as it operates in the constituent nation, including retained direct EU legislation]. They shall take appropriate steps to ensure consistency, at programming and implementation stages, between interventions supported by [F6support for rural development] and the objectives of other F33... policies. To this end, they shall seek to take into account the following aspects:U.K.
(a)

enhancing complementarities and synergies between [F34retained direct EU legislation] at F33... , national and regional level, both in the planning phase and during implementation;

(b)

optimise existing structures and where necessary, establish new structures that facilitate the strategic identification of priorities for the different instruments and structures for coordination [F35in the constituent nation] that avoid duplication of effort and identify areas where additional financial support is needed;

(c)

make use of the potential to combine support from different instruments to support individual operations and work closely with those responsible for implementation [F35in the constituent nation] to deliver coherent and streamlined funding opportunities for beneficiaries.

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4.2Coordination with the Common Agricultural Policy and the Common Fisheries PolicyU.K.

1.[F36Support for rural development complements the measures for direct payment support and CMO support to farmers and to support market measures.][F37The relevant authority] shall therefore manage those interventions together so as to maximise synergies and the added value of [F38support for rural development].U.K.

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2.F39. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

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4.3F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.4F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.5F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.6F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.7F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.8F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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4.9F40. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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5.HORIZONTAL PRINCIPLES REFERRED TO IN ARTICLES 5, 7 AND 8 AND CROSS-CUTTING POLICY OBJECTIVESU.K.

5.1Partnership and multi-level governanceU.K.

1.In accordance with Article 5, the principle of partnership and multi-level governance shall be respected by [F41the relevant authority] in order to facilitate achieving social, economic and territorial cohesion F42.... In order to respect those principles coordinated action is required, in particular between the different levels of governance, carried out in accordance with the principles of subsidiarity and proportionality, including by means of operational and institutional cooperation, with regard to the preparation and implementation of the F43... programmes.U.K.

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2[F44The relevant authority] shall examine the need for strengthening the institutional capacity of partners in order to develop their potential in contributing to the effectiveness of the partnership.U.K.

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5.2Sustainable developmentU.K.

1.Member States and managing authorities shall, in all phases of implementation, ensure the full mainstreaming of sustainable development into [F6support for rural development], respecting the principle of sustainable development F45..., as well as complying with the obligation to integrate environmental protection requirements F46... and the polluter pays principle F47....U.K.

Managing authorities shall undertake actions throughout the programme lifecycle, to avoid or reduce environmentally harmful effects of interventions and ensure results in net social, environmental and climate benefits. Actions to be undertaken may include the following:

(a)

directing investments towards the most resource-efficient and sustainable options;

(b)

avoiding investments that may have a significant negative environmental or climate impact, and supporting actions to mitigate any remaining impacts;

(c)

taking a long-term perspective when 'life-cycle' costs of alternative options for investment are compared;

(d)

increasing the use of green public procurement.

Textual Amendments

2.[F48The relevant authority] shall take into consideration the climate change mitigation and adaptation potential of investments made with the support of [F6support for rural development], in accordance with Article 8, and ensure that they are resilient to the impact of climate change and natural disasters such as increased risks of flooding, droughts, heat waves, forest fires and extreme weather events.U.K.

Textual Amendments

3.Investments shall be consistent with the water management hierarchy, in line with Directive 2000/60/EC of the European Parliament and of the Council(1), with a focus on demand management options. Alternative supply options shall only be considered when the potential for water savings and efficiency has been exhausted. Public intervention in the waste management sector shall complement efforts by the private sector, in particular in relation to producer responsibility. Investments shall encourage innovative approaches that promote high levels of recycling. Investments shall be consistent with the waste hierarchy established under Directive 2008/98/EC of the European Parliament and of the Council(2). Expenditure related to biodiversity and the protection of natural resources shall be consistent with Council Directive 92/43/EEC(3).U.K.

5.3Promotion of equality between men and women and non-discriminationU.K.

1.In accordance with Article 7, [F49the relevant authority] shall pursue the objective of equality between men and women and shall take appropriate steps to prevent any discrimination during the preparation, implementation, monitoring and evaluation of operations in the programmes co-financed by [F6support for rural development]. When pursuing the objectives of Article 7, [F50the relevant authority] shall describe actions to be taken, in particular with regard to selection of operations, setting of objectives for interventions, and arrangements for monitoring and reporting. [F51The relevant authority] shall also carry out gender analyses where appropriate. In particular, specific targeted actions shall be supported through the ESF.U.K.

Textual Amendments

2.[F52The relevant authority] shall ensure, in accordance with Articles 5 and 7, the participation of the relevant bodies responsible for promoting gender equality and non-discrimination in the partnership, and ensure adequate structures in accordance with national practices to advise on gender equality, non-discrimination and accessibility in order to provide the necessary expertise in the preparation, monitoring and evaluation of [F6support for rural development].U.K.

Textual Amendments

3.Managing authorities shall undertake evaluations or self-assessment exercises, in coordination with the monitoring committees, focusing on the application of the gender mainstreaming principle.U.K.
4.[F53The relevant authority] shall address, in an appropriate manner, the needs of disadvantaged groups in order to allow them to better integrate into the labour market, and thereby facilitate their full participation in society.U.K.

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5.4AccessibilityU.K.

1.[F54The relevant authority] shall, in accordance with Article 7, take appropriate steps to prevent any discrimination based on disability. Managing authorities shall ensure by means of action throughout programme lifecycles that all products, goods, services and infrastructures that are open or provided to the public and are co-financed by [F6support for rural development] are accessible to all citizens including those with disabilities in accordance with applicable law, thereby contributing to a barrier-free environment for persons with disabilities and the elderly. In particular, accessibility to the physical environment, transport, ICT in order to promote inclusion of disadvantaged groups, including persons with disabilities, shall be ensured. Actions to be undertaken may include directing investments towards accessibility in existing buildings and established services.U.K.

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5.5Addressing demographic changeU.K.

1.The challenges resulting from demographic change, including in particular those related to a shrinking working population, an increasing proportion of retired people in the overall population and to depopulation, shall be taken into account at all levels. [F55The relevant authority] shall make use of [F6support for rural development], in line with relevant national or regional strategies, where such strategies are in place, to tackle demographic problems and to create growth linked to an ageing society.U.K.

Textual Amendments

2.[F56The relevant authority] shall use [F6support for rural development], in line with relevant national or regional strategies to facilitate inclusion of all age groups, including through improved access to education and social support structures with a view to enhancing job opportunities for the elderly and young people and with a focus on regions with high rates of youth unemployment in comparison to the F57... average rate. Investments in health infrastructures shall be aimed at ensuring a long and healthy working life for all F58... citizens.U.K.

Textual Amendments

3.To address challenges in the regions most affected by demographic change, [F59the relevant authority] shall in particular identify measures to:U.K.
(a)

support demographic renewal through better conditions for families and an improved balance between working and family life;

(b)

boost employment, raise productivity and economic performance through investing in education, ICT and research and innovation;

(c)

focus on the adequacy and quality of education, training and social support structures as well as where appropriate, on the efficiency of social protection systems;

(d)

promote cost-effective provision of health care and long-term care including investment in e-health, e-care and infrastructure.

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5.6Climate change mitigation and adaptationU.K.

In accordance with Article 8, climate change mitigation and adaptation, and risk prevention shall be integrated in the preparation and implementation of F60... programmes.

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6.ARRANGEMENTS FOR ADDRESSING KEY TERRITORIAL CHALLENGESU.K.

6.1[F61The relevant authority] shall take account of geographic or demographic features and take steps to address the specific territorial challenges of each region to unlock their specific development potential, thereby also helping them to achieve smart, sustainable and inclusive growth in the most efficient way.U.K.

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6.2The choice and combination of thematic objectives, as well as the selection of corresponding investment and [F62priorities for rural development] and the specific objectives set shall reflect the needs and potential for smart, sustainable and inclusive growth of each [F63constituent nation] and region.U.K.

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6.3When preparing F64... programmes [F65the relevant authority] shall therefore take into consideration that the major societal challenges faced by [F66the United Kingdom] today – globalisation, demographic change, environmental degradation, migration, climate change, energy use, the economic and social consequences of the crisis – may have different impacts in different regions.U.K.

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6.4With a view to an integrated territorial approach to addressing territorial challenges [F67the relevant authority] shall ensure that programmes under [F6support for rural development] reflect the diversity of F68... regions, in terms of employment and labour market characteristics, interdependencies between different sectors, commuting patterns, population ageing and demographic shifts, cultural, landscape and heritage features, climate change vulnerabilities and impacts, land use and resource constraints, potential for more sustainable use of natural resources including renewables, institutional and governance arrangements, connectivity and accessibility, and linkages between rural and urban areas. In accordance with point (a) of Article 15(1), [F67the relevant authority] F69... shall therefore undertake the following steps for the purpose of preparation of their F70... programmes:U.K.

(a)

F71. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b)

An assessment of the major challenges to be addressed by the region or [F72constituent nation], the identification of the bottlenecks and missing links, innovation gaps, including the lack of planning and implementation capacity that inhibit the long-term potential for growth and jobs. This shall form the basis for the identification of the possible fields and activities for policy prioritisation, intervention and concentration;

(c)

An assessment of the cross-sectoral, cross-jurisdictional or cross-border coordination challenges, particularly in the context of macro-regional and sea-basin strategies;

(d)

Identification of steps to achieve improved coordination across different territorial levels, taking account of the appropriate territorial scale and context for policy design as well as [F73constituent nations] institutional and legal framework, and sources of funding to deliver an integrated approach linking F74... with regional and local actors.

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6.5In order to take into account the objective of territorial cohesion, the [F75constituent nations] and regions shall, in particular, ensure that the overall approach to promoting smart, sustainable and inclusive growth in the areas concerned:U.K.

(a)

reflects the role of cities, urban and rural areas, fisheries and coastal areas, and areas facing specific geographical or demographic handicaps;

(b)

takes account of the specific challenges of the outermost regions, the northernmost regions with a very low population density and of island, cross-border or mountain regions;

(c)

addresses urban-rural linkages, in terms of access to affordable, high quality infrastructure and services, and problems in regions with a high concentration of socially marginalised communities.

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7.COOPERATION ACTIVITIESU.K.

7.1Coordination and complementarityU.K.

1.[F76The relevant authority] shall seek complementarity between cooperation activities and other actions supported by [F6support for rural development].U.K.

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2.[F77The relevant authority must ensure that cooperation activities are organised in support of wider policy goals. To achieve this the relevant authority must ensure complementarity and coordination with other programmes.]U.K.

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3.F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

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4.F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
5.F78. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.
6.[F79Constituent nations] and regions shall make the best use of territorial cooperation programmes in overcoming barriers to cooperation beyond administrative borders, F80... as well as strengthening economic, social and territorial cohesion. F81...U.K.

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7.2F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . U.K.

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7.3F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .U.K.

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7.4F82. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]U.K.

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F83ANNEX IIU.K.METHOD FOR ESTABLISHING THE PERFORMANCE FRAMEWORK

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F84ANNEX IIIU.K.PROVISIONS FOR DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF COMMITMENTS OR PAYMENTS REFERRED TO IN ARTICLE 23(11)

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ANNEX IVU.K.IMPLEMENTATION OF FINANCIAL INSTRUMENTS: FUNDING AGREEMENTS

[F851. Where a financial instrument is implemented under F86... points (a), (b) and (c) of the first subparagraph of Article 38(4), the funding agreement shall include the terms and conditions for making contributions from the programme to the financial instrument and shall include at least the following elements:] U.K.

(a)

the investment strategy or policy including implementation arrangements, financial products to be offered, final recipients targeted, and envisaged combination with grant support (as appropriate);

(b)

a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);

(c)

the target results that the financial instrument concerned is expected to achieve to contribute to the specific objectives and results of the relevant priority;

(d)

[F87provisions for monitoring of the implementation of investments and of deal flows including reporting by the financial instrument to the fund of funds and/or the managing authority to ensure compliance with Article 46;]

(e)

audit requirements, such as minimum requirements for documentation to be kept at the level of the financial instrument [F88(and at the level of the fund of funds where appropriate)] , and requirements in relation to the maintenance of separate records for the different forms of support in compliance with Article 37(7) and (8) (where applicable), including provisions and requirements regarding access to documents by audit authorities F89... in order to ensure a clear audit trail, in accordance with Article 40;

(f)

[F85requirements and procedures for managing the phased contribution provided by the programme in accordance with Article 41 and for the forecast of deal flows, including requirements for fiduciary/separate accounting as set out in Article 38(6) F90...;]

(g)

requirements and procedures for managing interest and other gains generated as referred to in Article 43, including acceptable treasury operations/investments, and the responsibilities and liabilities of the parties concerned;

(h)

provisions regarding the calculation and payment of management costs incurred or of the management fees of the financial instrument;

(i)

[F85provisions regarding the re-use of resources attributable to the [F91support for rural development] until the end of the eligibility period in compliance with Article 44 and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;]

(j)

[X1provisions regarding the re-use of resources attributable to the [F92support for rural development] after the end of the eligibility period in compliance with Article 45 and a policy regarding the exit of those resources from the financial instrument;]

(k)

conditions for a possible total or partial withdrawal of programme contributions from programmes to financial instruments [F93, including the fund of funds where applicable];

(l)

provisions to ensure that bodies implementing financial instruments manage financial instruments with independence and in accordance with the relevant professional standards, and act in the exclusive interest of the parties providing contributions to the financial instrument;

(m)

provisions for the winding-up of the financial instrument.

Editorial Information

Textual Amendments

F87Annex 4 para. 1(d) 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(36)(a)(i)

F88Words in Annex 4 para. 1(e) 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(36)(a)(ii)

F93Words in Annex 4 para. 1(k) 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(36)(a)(iii)

[F94In addition, where financial instruments are organised through a fund of funds, the funding agreement between the managing authority and the body that implements the fund of funds must also provide for the appraisal and selection of bodies implementing the financial instruments, including calls for expression of interest or public procurement procedures.]

Textual Amendments

F94Words in Annex 4 para. 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(36)(a)(iv)

Textual Amendments

[F952.[F85Strategy documents referred to under Article 38(8) for financial instruments implemented under point (d) of the first subparagraph of Article 38(4) shall include at least the following elements:] U.K.

(a)

[X1the investment strategy or policy of the financial instrument, general terms and conditions of envisaged loan or guarantees, target final recipients and actions to be supported;]

(b)

a business plan or equivalent documents for the financial instrument to be implemented, including the expected leverage effect referred to in Article 37(2);

(c)

[F85the use and re-use of resources attributable to the [F96support for rural development] in accordance with Articles 43, 44 and 45, and, where applicable, provisions regarding differentiated treatment as referred to in Article 43a;]

(d)

monitoring and reporting of the implementation of the financial instrument to ensure compliance with Article 46.]

Textual Amendments

Textual Amendments

F95Annex 4 para. 2 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(36)(b)

ANNEX VU.K.

DEFINITION OF FLAT-RATES FOR NET-REVENUE GENERATING PROJECTS

SectorFlat rates
1ROAD30 %
2RAIL20 %
3URBAN TRANSPORT20 %
4WATER25 %
5SOLID WASTE20 %

F97ANNEX VIU.K. ANNUAL BREAKDOWN OF COMMITMENT APPROPRIATIONS FOR THE YEARS 2014 TO 2020

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Textual Amendments

F97ANNEX VIIU.K.ALLOCATION METHODOLOGY

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F97ANNEX VIIaU.K. METHODOLOGY FOR THE ALLOCATION OF THE REACT-EU RESOURCES – ARTICLE 92b(4)

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F97ANNEX VIIIU.K.METHODOLOGY CONCERNING THE SPECIFIC ALLOCATION FOR THE YEI REFERRED TO IN ARTICLE 91

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F97ANNEX IXU.K.METHODOLOGY FOR DETERMINING MINIMUM SHARE OF THE ESF

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F97ANNEX XU.K.ADDITIONALITY

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[F98ANNEX XIU.K.

Textual Amendments

F98Annex 11 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(37)

Ex ante conditionalities

F99. . .
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 F100... anti-discrimination law and policy in the field of [F101support for rural development]

  • Arrangements in accordance with the institutional and legal framework F102... 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 [F103activities benefitting from support for rural development] ;

  • Arrangements for training for staff of the authorities involved in the management and control of the [F101support for rural development] in the fields of F100... anti-discrimination law and policy.

2. Gender

The existence of administrative capacity for the implementation and application of F100... gender equality law and policy in the field of [F101support for rural development]

  • Arrangements in accordance with the institutional and legal framework F102... 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 [F103activities benefitting from support for rural development];

  • Arrangements for training for staff of the authorities involved in the management and control of the [F101support for rural development] in the fields of F100... 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 [F101support for rural development] in accordance with Council Decision 2010/48/ECa

  • Arrangements in accordance with the institutional and legal framework F102... 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 [F101support for rural development] in the fields of [F104disability law and policy applying in the constituent nation], including accessibility and the practical application of the UNCRPD as reflected in [F105the law as it applied in the constituent nation], as appropriate;

  • Arrangements to ensure monitoring of the implementation of Article 9 of the UNCRPD in relation to the [F101support for rural development] throughout the preparation and the implementation of the programmes.

4. Public procurement

The existence of arrangements for the effective application of F106... public procurement law in the field of the [F101support for rural development].

  • Arrangements for the effective application of F106... 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 [F101support for rural development];

  • Arrangements to ensure administrative capacity for implementation and application of F106... public procurement rules.

5. F107. . .

F107. . . F107. . .

6. Environmental legislation relating to Environmental Impact Assessment (EIA) and Strategic Environmental Assessment (SEA)

The existence of arrangements for the effective application of F108... 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.

Textual Amendments

F107Words in Annex 11 Pt. 2 omitted (31.12.2020 immediately after IP completion day) by virtue of The State Aid (Revocations and Amendments) (EU Exit) Regulations 2020 (S.I. 2020/1470), reg. 1(3), Sch. 1 para. 7(9) (with Sch. 3)

F109ANNEX XIIU.K. INFORMATION, COMMUNICATION AND VISIBILITY OF SUPPORT FROM THE FUNDS

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Textual Amendments

F109ANNEX XIIIU.K.DESIGNATION CRITERIA FOR THE MANAGING AUTHORITY AND THE CERTIFYING AUTHORITY

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F109ANNEX XIVU.K.

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(1)

Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (OJ L 327, 22.12.2000, p. 1).

(2)

Directive 2008/98/EC of the European Parliament and of the Council of 19 November 2008 on waste and repealing certain Directives (OJ L 312, 22.11.2008, p. 3).

(3)

Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (OJ L 206, 22.7.1992, p. 7).

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