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
Introductory Text
PART ONE SUBJECT-MATTER AND DEFINITIONS
Article 1.Subject-matter
Article 2.Definitions
Article 3.Calculation of time limits for Commission decisions
PART TWO COMMON PROVISIONS APPLICABLE TO THE ESI FUNDS
TITLE I PRINCIPLES OF UNION SUPPORT FOR THE ESI FUNDS
Article 4.General principles
Article 5.Partnership and multi-level governance
Article 6.Compliance with Union and national law
Article 7.Promotion of equality between men and women and non-discrimination
Article 8.Sustainable development
TITLE II STRATEGIC APPROACH
CHAPTER I Thematic objectives for the ESI Funds and Common Strategic Framework
Article 9.Thematic objectives
Article 10.Common Strategic Framework
Article 11.Content
Article 12.Review
Article 13.Guidance for beneficiaries
CHAPTER II Partnership Agreement
Article 14.Preparation of the Partnership Agreement
Article 15.Content of the Partnership Agreement
Article 16.Adoption and amendment of the Partnership Agreement
Article 17.Adoption of the revised Partnership Agreement in the event of delay in the entry into force of a Fund-specific Regulation
CHAPTER III Thematic concentration, ex ante conditionalities and performance review
Article 18.Thematic concentration
Article 19.Ex ante conditionalities
Article 20.Performance reserve
Article 21.Performance review
Article 22.Application of the performance framework
CHAPTER IV Measures linked to sound economic governance
Article 23.Measures linking effectiveness of ESI Funds to sound economic governance
Article 24.Increase in payments for Member State with temporary budgetary difficulties
Article 25.Management of technical assistance for Member States with temporary budgetary difficulties
TITLE III PROGRAMMING
CHAPTER I General provisions on the ESI Funds
Article 26.Preparation of programmes
Article 27.Content of programmes
Article 28.Specific provisions on the content of programmes dedicated to joint instruments for uncapped guarantees and securitisation providing capital relief implemented by the EIB
Article 29.Procedure for the adoption of programmes
Article 30.Amendment of programmes
Article 31.Participation of the EIB
CHAPTER II Community-led local development
Article 32.Community-led local development
Article 33.Community-led local development strategies
Article 34.Local action groups
Article 35.Support from the ESI Funds for community-led local development
CHAPTER ΙΙΙ Territorial development
Article 36.Integrated territorial investment
TITLE IV FINANCIAL INSTRUMENTS
Article 37.Financial instruments
Article 38.Implementation of financial instruments
Article 39.Contribution of ERDF and EAFRD to joint uncapped guarantee and securitisation financial instruments in favour of SMEs, implemented by the EIB
Article 40.Management and control of financial instruments
Article 41.Requests for payment including expenditure for financial instruments
Article 42.Eligible expenditure at closure
Article 43.Interest and other gains generated by support from the ESI Funds to financial instruments
Article 44.Re-use of resources attributable to the support from the ESI Funds until the end of the eligibility period
Article 45.Use of resources after the end of the eligibility period
Article 46.Report on implementation of financial instruments
TITLE V MONITORING AND EVALUATION
CHAPTER I Monitoring
Section I Monitoring of programmes
Article 47.Monitoring committee
Article 48.Composition of the monitoring committee
Article 49.Functions of the monitoring committee
Article 50.Implementation reports
Article 51.Annual review meeting
Section II Strategic progress
Article 52.Progress report
Article 53.Reporting by the Commission and debate on the ESI Funds
CHAPTER II Evaluation
Article 54.General Provisions
Article 55.Ex ante evaluation
Article 56.Evaluation during the programming period
Article 57.Ex post evaluation
TITLE VI TECHNICAL ASSISTANCE
Article 58.Technical assistance at the initiative of the Commission
Article 59.Technical assistance at the initiative of the Member States
TITLE VII FINANCIAL SUPPORT FROM THE ESI FUNDS
CHAPTER I Support from the ESI Funds
Article 60.Determination of co-financing rates
Article 61.Operations generating net revenue after completion
CHAPTER II Special rules on support from the ESI Funds to PPPs
Article 62.PPPs
Article 63.Beneficiary under PPP operations
Article 64.Support for PPP operations
CHAPTER III Eligibility of expenditure and durability
Article 65.Eligibility
Article 66.Forms of support
Article 67.Forms of grants and repayable assistance
Article 68.Flat rate financing for indirect costs and staff costs concerning grants and repayable assistance
Article 69.Specific eligibility rules for grants and repayable assistance
Article 70.Eligibility of operations depending on location
Article 71.Durability of operations
TITLE VIII MANAGEMENT AND CONTROL
CHAPTER I Management and control systems
Article 72.General principles of management and control systems
Article 73.Responsibilities under shared management
Article 74.Responsibilities of Member States
CHAPTER II Commission powers and responsibilities
Article 75.Commission powers and responsibilities
TITLE IX FINANCIAL MANAGEMENT, EXAMINATION AND ACCEPTANCE OF ACCOUNTS AND FINANCIAL CORRECTIONS, DECOMMITMENT
CHAPTER I Financial management
Article 76.Budget commitments
Article 77.Common rules for payments
Article 78.Common rules for calculating interim payments, and payment of the final balance
Article 79.Requests for payment
Article 80.Use of the euro
Article 81.Payment of initial pre-financing
Article 82.Clearance of initial pre-financing
Article 83.Interruption of the payment deadline
CHAPTER II Examination and acceptance of accounts
Article 84.Deadline for the examination and acceptance of accounts by the Commission
CHAPTER III Financial corrections
Article 85.Financial corrections by the Commission
CHAPTER IV Decommitment
Article 86.Principles
Article 87.Exception to the decommitment
Article 88.Procedure
PART THREE GENERAL PROVISIONS APPLICABLE TO THE ERDF, THE ESF AND THE COHESION FUND
TITLE I OBJECTIVES AND FINANCIAL FRAMEWORK
CHAPTER I Mission, goals and geographical coverage of support
Article 89.Mission and goals
Article 90.Investment for growth and jobs goal
CHAPTER II Financial framework
Article 91.Resources for economic, social and territorial cohesion
Article 92.Resources for the Investment for growth and jobs goal and for the European territorial cooperation goal
Article 93.Non-transferability of resources between categories of regions
Article 94.Non-transferability of resources between goals
Article 95.Additionality
TITLE II PROGRAMMING
CHAPTER I General provisions on the Funds
Article 96.Content, adoption and amendment of operational programmes under the Investment for growth and jobs goal
Article 97.Specific provisions on the programming of support for the joint instruments for uncapped guarantees and securitisation under the Investment for growth and jobs goal
Article 98.Joint support from the Funds under the Investment for growth and jobs goal
Article 99.Geographical scope of operational programmes under the Investment for growth and jobs goal
CHAPTER II Major projects
Article 100.Content
Article 101.Information necessary for the approval of a major project
Article 102.Decision on a major project
Article 103.Decision on a major project subject to phased implementation
CHAPTER III Joint action plan
Article 104.Scope
Article 105.Preparation of joint action plans
Article 106.Content of joint action plans
Article 107.Decision on the joint action plan
Article 108.Steering committee and amendment of the joint action plan
Article 109.Financial management and control of the joint action plan
TITLE III MONITORING, EVALUATION, INFORMATION AND COMMUNICATION
CHAPTER I Monitoring and evaluation
Article 110.Functions of the monitoring committee
Article 111.Implementation reports for the Investment for growth and jobs goal
Article 112.Transmission of financial data
Article 113.Cohesion Report
Article 114.Evaluation
CHAPTER II Information and communication
Article 115.Information and communication
Article 116.Communication strategy
Article 117.Information and communication officers and their networks
TITLE IV TECHNICAL ASSISTANCE
Article 118.Technical assistance at the initiative of the Commission
Article 119.Technical assistance of the Member States
TITLE V FINANCIAL SUPPORT FROM THE FUNDS
Article 120.Determination of co-financing rates
Article 121.Modulation of the co-financing rates
PART FOUR GENERAL PROVISIONS APPLICABLE TO THE FUNDS AND THE EMFF
TITLE I MANAGEMENT AND CONTROL
CHAPTER I Management and control systems
Article 122.Responsibilities of Member States
CHAPTER II Management and control authorities
Article 123.Designation of authorities
Article 124.Procedure for the designation of the managing authority and the certifying authority
Article 125.Functions of the managing authority
Article 126.Functions of the certifying authority
Article 127.Functions of the audit authority
CHAPTER III Cooperation with audit authorities
Article 128.Cooperation with audit authorities
TITLE II FINANCIAL MANAGEMENT, PREPARATION, EXAMINATION, ACCEPTANCE AND CLOSURE OF ACCOUNTS AND FINANCIAL CORRECTIONS
CHAPTER I Financial management
Article 129.Common rules for payments
Article 130.Common rules for calculating interim payments and payment of the final balance
Article 131.Payment applications
Article 132.Payment to beneficiaries
Article 133.Use of the euro
Article 134.Payment of pre-financing
Article 135.Deadlines for presentation of interim payment applications and for their payment
Article 136.Decommitment
CHAPTER II Preparation, examination and acceptance of accounts and closure of operational programmes and suspension of payments
Section I Preparation, examination and acceptance of accounts
Article 137.Preparation of the accounts
Article 138.Submission of information
Article 139.Examination and acceptance of accounts
Article 140.Availability of documents
Section II Closure of operational programmes
Article 141.Submission of closure documents and payment of the final balance
Section III Suspension of payments
Article 142.Suspension of payments
CHAPTER III Financial corrections
Section I Financial corrections by Member States
Article 143.Financial corrections by Member States
Section II Financial corrections by the Commission
Article 144.Criteria for financial corrections
Article 145.Procedure
Article 146.Obligations of Member States
Article 147.Repayment
TITLE III PROPORTIONAL CONTROL OF OPERATIONAL PROGRAMMES
Article 148.Proportional control of operational programmes
PART FIVE DELEGATIONS OF POWER, IMPLEMENTING, TRANSITIONAL AND FINAL PROVISIONS
CHAPTER I Delegations of power and implementing provisions
Article 149.Exercise of the delegation
Article 150.Committee Procedure
CHAPTER II Transitional and final provisions
Article 151.Review
Article 152.Transitional provisions
Article 153.Repeal
Article 154.Entry into force
Signature
ANNEX I
COMMON STRATEGIC FRAMEWORK
1. INTRODUCTION
2. CONTRIBUTION OF ESI FUNDS TO THE UNION STRATEGY FOR SMART,...
1. To support effective targeting of smart, sustainable and inclusive growth...
2. In line with the thematic objectives set out in the...
3. To ensure consistency with priorities established in the context of...
4. In order to determine the way in which the ESI...
3. INTEGRATED APPROACH TO AND ARRANGEMENTS FOR THE USE OF THE...
3.1 Introduction
1. In accordance with point (a) of Article 15(2) the Partnership...
2. Member States and, where appropriate in accordance with Article 4(4),...
3.2 Coordination and complementarity
1. Member States and managing authorities responsible for the implementation of...
3.3 Encouraging integrated approaches
1. Member States shall, where appropriate, combine the ESI Funds into...
2. In accordance with Article 36 to achieve integrated use of...
3. In accordance with the relevant provisions of the Fund-specific rules,...
4. Member States shall promote, in accordance with their institutional and...
4. COORDINATION AND SYNERGIES BETWEEN ESI FUNDS AND OTHER UNION POLICIES...
4.1 Introduction
1. Member States and the Commission shall, in accordance with their...
2. Member States and the Commission shall, in accordance with Article...
4.2 Coordination with the Common Agricultural Policy and the Common Fisheries...
1. The EAFRD is an integral part of the Common Agricultural...
2. The EMFF aims to achieve the objectives of the reformed...
4.3 Horizon 2020 and other centrally managed Union programmes in the...
1. Member States and the Commission shall have due regard to...
2. Member States shall develop national and/or regional 'smart specialisation' strategies...
3. Member States shall encourage the use of the provisions in...
4. Member States and, where appropriate under Article 4(4), regions, shall...
4.4 New Entrants Reserve (NER) 300 demonstration funding
4.5 Programme for the Environment and Climate Action (LIFE) and the...
1. Member States and the Commission shall, through a stronger thematic...
2. Member States shall promote and, where appropriate and in accordance...
3. The relevant sectoral plans, programmes or strategies (including the Prioritised...
4.6 ERASMUS +
1. Member States shall seek to use ESI Funds to mainstream...
2. Member States shall promote and ensure in accordance with Article...
3. Coordination shall be achieved by putting in place appropriate cooperation...
4.7 European Union Programme for Employment and Social Innovation (EaSI)
1. Member States shall promote and ensure in accordance with Article...
2. Member States shall seek to scale-up the most successful measures...
4.8 Connecting Europe Facility (CEF)
1. To maximise European added value in the fields of transport,...
2. In the field of transport, investment planning shall be based...
3. Prioritisation of investments which have an impact beyond a certain...
4. Member States shall focus on sustainable forms of transport and...
5. The ESI Funds shall deliver the local and regional infrastructures...
6. Member States and the Commission shall put in place appropriate...
4.9 Instrument for Pre-accession Assistance, European Neighbourhood Instrument and European Development...
1. Member States and the Commission shall, in accordance with their...
2. To support deeper territorial integration, Member States shall seek to...
5. HORIZONTAL PRINCIPLES REFERRED TO IN ARTICLES 5, 7 AND 8...
5.1 Partnership and multi-level governance
1. In accordance with Article 5, the principle of partnership and...
2 Member States shall examine the need for strengthening the institutional...
5.2 Sustainable development
1. Member States and managing authorities shall, in all phases of...
2. Member States shall take into consideration the climate change mitigation...
3. Investments shall be consistent with the water management hierarchy, in...
5.3 Promotion of equality between men and women and non-discrimination
1. In accordance with Article 7, Member States and the Commission...
2. Member States shall ensure, in accordance with Articles 5 and...
3. Managing authorities shall undertake evaluations or self-assessment exercises, in coordination...
4. Member States shall address, in an appropriate manner, the needs...
5.4 Accessibility
1. Member States and the Commission shall, in accordance with Article...
5.5 Addressing demographic change
1. The challenges resulting from demographic change, including in particular those...
2. Member States shall use the ESI Funds, in line with...
3. To address challenges in the regions most affected by demographic...
5.6 Climate change mitigation and adaptation
6. ARRANGEMENTS FOR ADDRESSING KEY TERRITORIAL CHALLENGES
6.1 Member States shall take account of geographic or demographic features...
6.2 The choice and combination of thematic objectives, as well as...
6.3 When preparing Partnership Agreements and programmes Member States shall therefore...
6.4 With a view to an integrated territorial approach to addressing...
6.5 In order to take into account the objective of territorial...
7. COOPERATION ACTIVITIES
7.1 Coordination and complementarity
1. Member States shall seek complementarity between cooperation activities and other...
2. Member States shall ensure that cooperation activities make an effective...
3. To reinforce the effectiveness of cohesion policy Member States shall...
4. Member States shall, where appropriate, ensure that the objectives of...
5. Member States shall, where appropriate, make use of the possibility...
6. Member States and regions shall make the best use of...
7.2 Cross-border, transnational and interregional cooperation under the ERDF
1. Member States and regions shall seek to make use of...
2. Member States and regions shall, in the areas concerned, seek...
3. Member States and regions shall seek to make use of...
7.3 Contribution of mainstream programmes to macro-regional and sea-basin strategies
1. In accordance with point (a)(ii) of Article 15(2) of this...
2. Member States shall consider making use of relevant transnational programmes...
3. Member States shall promote, where appropriate, the use of ESI...
7.4 Transnational cooperation under the ESF
1. Member States shall seek to address policy areas identified in...
2. Member States shall, where appropriate, select the themes for transnational...
ANNEX II
METHOD FOR ESTABLISHING THE PERFORMANCE FRAMEWORK
1. The performance framework shall consist of milestones established for each...
2. Milestones are intermediate targets, directly linked to the achievement of...
3. Milestones and targets shall be:
4. The targets for 2023 for a given priority shall be...
5. In duly justified cases, such as a significant change in...
ANNEX III
PROVISIONS FOR DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF COMMITMENTS OR PAYMENTS REFERRED TO IN ARTICLE 23(11)
1. DETERMINING THE LEVEL OF SUSPENSION OF COMMITMENTS
2. DETERMINING THE SCOPE OF SUSPENSION OF COMMITMENTS ACROSS PROGRAMMES AND...
3. DETERMINING THE FINAL LEVEL OF SUSPENSION OF COMMITMENTS FOR THE...
4. DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF PAYMENTS...
ANNEX IV
IMPLEMENTATION OF FINANCIAL INSTRUMENTS: FUNDING AGREEMENTS
1. Where a financial instrument is implemented under points (a) and...
2. Strategy documents referred to under Article 38(8) for financial instruments...
ANNEX V
ANNEX VI
ANNEX VII
ALLOCATION METHODOLOGY
Allocation method for the less developed regions eligible under the...
1. Each Member State's allocation shall be the sum of the...
Allocation method for transition regions eligible under the Investment for...
2. Each Member State's allocation shall be the sum of the...
Allocation method for the more developed regions eligible under the...
3. The total initial theoretical financial envelope shall be obtained by...
4. The share of each Member State concerned shall be the...
Allocation method for the Member States eligible for the Cohesion...
5. The total theoretical financial envelope shall be obtained by multiplying...
6. In order to reflect the significant needs of Member States,...
7. The allocation from the Cohesion Fund for the Member States...
Allocation method for the European territorial cooperation goal referred to...
8. The allocation of resources by Member State, covering cross-border and...
Allocation method of the additional funding for regions referred to...
9. An additional special allocation corresponding to an aid intensity of...
Maximum level of transfers from funds supporting cohesion
10. In order to contribute to achieving adequate concentration of cohesion...
11. The ceilings referred to in paragraph 10 above include the...
12. Calculations of GDP by the Commission will be based on...
13. The rules described in paragraph 10 shall not result in...
Additional provisions
14. For all regions whose GDP per capita (in PPS) was...
15. No transition region shall receive less than what it would...
16. The minimum total allocation from the Funds for a Member...
17. To address the effects of the economic crisis on Member...
18. In order to recognise the challenges posed by the situation...
19. To facilitate the adjustment of certain regions either to changes...
20. A total of EUR 150 000 000 will be allocated for...
Additional adjustments in accordance with Article 92(2)
21. In addition to the amounts set out in Articles 91...
ANNEX VIII
METHODOLOGY CONCERNING THE SPECIFIC ALLOCATION FOR THE YEI REFERRED TO IN ARTICLE 91
I. The breakdown of the specific allocation for the YEI shall...
II. The specific allocation for the YEI shall not be taken...
III. For the determination of the specific allocation from the YEI...
IV. The resources for the YEI may be revised upwards for...
ANNEX IX
METHODOLOGY FOR DETERMINING MINIMUM SHARE OF THE ESF
The additional percentage share to be added to the share...
where the employment rate is 65 % or less the share...
The total percentage share of a Member State after the...
For Croatia the share of Structural Funds resources, excluding the...
ANNEX X
ADDITIONALITY
1. PUBLIC OR EQUIVALENT STRUCTURAL EXPENDITURE
2. VERIFICATION
2.1 Ex ante verification
(a) When a Member State submits a Partnership Agreement, it shall...
(b) Member States, in which less developed regions cover more than...
(c) Member States shall provide to the Commission information on the...
(d) Member States, in which less developed regions cover more than...
(e) Once there is agreement by the Commission and the Member...
2.2 Mid-term verification
(a) At the time of the mid-term verification, a Member State...
(b) Following the mid-term verification, the Commission may revise, in consultation...
2.3 Ex post verification
3. FINANCIAL CORRECTION RATES FOLLOWING EX POST VERIFICATION
ANNEX XI
ANNEX XII
INFORMATION AND COMMUNICATION ON SUPPORT FROM THE FUNDS
1. LIST OF OPERATIONS
2. INFORMATION AND COMMUNICATION MEASURES FOR THE PUBLIC
2.1. Responsibilities of the Member State and the managing authority
1. The Member State and the managing authority shall ensure that...
2. The Member State or the managing authority shall be responsible...
3. The managing authority shall involve in information and communication measures,...
2.2. Responsibilities of the beneficiaries
1. All information and communication measures provided by the beneficiary shall...
2. During implementation of an operation, the beneficiary shall inform the...
3. For operations supported by the ESF, and in appropriate cases...
4. During implementation of an ERDF or Cohesion Fund operation, the...
5. No later than three months after completion of an operation,...
3. INFORMATION MEASURES FOR POTENTIAL BENEFICIARIES AND BENEFICIARIES
3.1. Information measures for potential beneficiaries
1. The managing authority shall ensure, in accordance with the communication...
2. The managing authority shall ensure that potential beneficiaries have access...
3.2. Information measures for beneficiaries
1. The managing authority shall inform beneficiaries that acceptance of funding...
2. The managing authority shall provide information and communication tools, including...
4. ELEMENTS OF THE COMMUNICATION STRATEGY
ANNEX XIII
DESIGNATION CRITERIA FOR THE MANAGING AUTHORITY AND THE CERTIFYING AUTHORITY
1. INTERNAL CONTROL ENVIRONMENT
(i) Existence of an organisational structure covering the functions of managing...
(ii) Framework for ensuring, in the event of delegation of tasks...
(iii) Reporting and monitoring procedures for irregularities and for the recovery...
(iv) Plan for allocation of appropriate human resources with necessary technical...
2. RISK MANAGEMENT
3. MANAGEMENT AND CONTROL ACTIVITIES
A. Managing authority
(i) Procedures regarding grant applications, appraisal of applications, selection for funding,...
(ii) Procedures for management verifications including administrative verifications in respect of...
(iii) Procedures for treatment of applications for reimbursement by beneficiaries and...
(iv) Procedures for a system to collect, record and store in...
(v) Procedures established by the managing authority to ensure that beneficiaries...
(vi) Procedures for putting in place effective and proportionate anti-fraud measures....
(vii) Procedures to ensure an adequate audit trail and archiving system....
(viii) Procedures to draw up the management declaration of assurance, report...
(ix) Procedures to ensure the provision to the beneficiary of a...
B. Certifying authority
(i) Procedures for certifying interim payment applications to the Commission.
(ii) Procedures for drawing up the accounts and certifying that they...
(iii) Procedures for ensuring an adequate audit trail by maintaining accounting...
(iv) Procedures, where appropriate, to ensure that the certifying authority receives...
4. MONITORING
A. Managing authority
(i) Procedures to support the work of the monitoring committee.
(ii) Procedures to draw up and submit to the Commission annual...
B. Certifying authority
ANNEX XIV
ATTACHMENTS
Joint Statement by the Council and the Commission on Article 67
Joint Statement by the European Parliament, the Council and the Commission on the revision of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council linked with the reconstitution of appropriations
Joint Statement by the European Parliament, the Council and the Commission on Article 1
Joint Statement by the European Parliament and the Council on the exclusion of any retroactivity with regard to the application of article 5(3)