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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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1.Grants and repayable assistance may take any of the following forms:
(a)reimbursement of eligible costs actually incurred and paid, together with, where applicable, contributions in kind and depreciation;
(b)standard scales of unit costs;
[F2(c)lump sums;]
(d)flat-rate financing, determined by the application of a percentage to one or more defined categories of costs[F2;]
[F3(e)financing which is not linked to costs of the relevant operations but is based on the fulfilment of conditions related to the realisation of progress in implementation or the achievement of objectives of programmes as set out in [F4legislation made under] paragraph 5a.]
Fund-specific rules may limit the forms of grants or repayable assistance applicable to certain operations.
[F3For the form of financing referred to in point (e) of the first subparagraph, the audit shall exclusively aim at verifying that the conditions for reimbursement have been fulfilled.]
2.By way of derogation from paragraph 1, additional forms of grants and methods of calculation may be established in the EMFF Regulation.
Where flat-rate financing is used, the categories of costs to which the flat rate is applied may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1.
For operations [F6receiving support for rural development], where the flat rate referred to in Article 68b(1) is used, the allowances and the salaries paid to participants may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1 of this Article.
F5...]
3.The options referred to in paragraph 1 may be combined only where each option covers different categories of costs or where they are used for different projects forming a part of an operation or for successive phases of an operation.
[F24.Where an operation or a project forming a part of an operation is implemented exclusively through the public procurement of works, goods or services, only points (a) and (e) of the first subparagraph of paragraph 1 shall apply. Where the public procurement within an operation or project forming part of an operation is limited to certain categories of costs, all the options referred to in paragraph 1 may be applied for the whole operation or project forming a part of an operation.]
5.The amounts referred to in points (b), (c) and (d) of the first subparagraph of paragraph 1 shall be established in one of the following ways:
[F2(a)a fair, equitable and verifiable calculation method based on any of the following:
statistical data, other objective information or an expert judgement;
the verified historical data of individual beneficiaries;
the application of the usual cost accounting practices of individual beneficiaries;]
[F3(aa)a draft budget established on a case-by-case basis and agreed ex ante by the managing authority, or in the case of [F7support for rural development] the authority responsible for the selection of operations, where the public support does not exceed [F8EUR 100 000][F8GBP 83,333];]
F9(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in accordance with the rules for application of corresponding scales of unit costs, lump sums and flat rates applied under schemes for grants funded entirely by [F10the relevant authority] for a similar type of operation and beneficiary;
(d)rates established by this Regulation or the Fund-specific rules;
(e)specific methods for determining amounts established in accordance with the Fund-specific rules.
[F35a.The [F11appropriate authority may make regulations] supplementing this Regulation with regard to the definition of the standard scales of unit costs or the flat-rate financing referred to in points (b) and (d) of the first subparagraph of paragraph 1 of this Article, the related methods referred to in point (a) of paragraph 5 of this Article and the form of support referred to in point (e) of the first subparagraph of paragraph 1 of this Article, by specifying detailed modalities concerning the financing conditions and their application.]
6.The document setting out the conditions for support for each operation shall set out the method to be applied for determining the costs of the operation and the conditions for payment of the grant.
Extent Information
E1This version of this provision applies to England, Scotland and Northern Ireland only; a separate version has been created for Wales
Textual Amendments
F2Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
F3Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
F4Words in Art. 67(1)(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(a); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 67(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 67(2a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 67(5)(aa) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Sum in Art. 67(5)(aa) substituted (S.) (1.1.2021) by The Rural Development (EU Exit) (Scotland) (Amendment) Regulations 2020 (S.S.I. 2020/477), regs. 1(2), 2(8)
F9Art. 67(5)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 67(5)(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F11Words in Art. 67(5a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(b); 2020 c. 1, Sch. 5 para. 1(1)
1.Grants and repayable assistance may take any of the following forms:
(a)reimbursement of eligible costs actually incurred and paid, together with, where applicable, contributions in kind and depreciation;
(b)standard scales of unit costs;
[F12(c)lump sums;]
(d)flat-rate financing, determined by the application of a percentage to one or more defined categories of costs[F12;]
[F13(e)financing which is not linked to costs of the relevant operations but is based on the fulfilment of conditions related to the realisation of progress in implementation or the achievement of objectives of programmes as set out in [F14legislation made under] paragraph 5a.]
[F15Rules may limit the forms of grants or repayable assistance applicable to certain operations.]
[F13For the form of financing referred to in point (e) of the first subparagraph, the audit shall exclusively aim at verifying that the conditions for reimbursement have been fulfilled.]
F162.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Where flat-rate financing is used, the categories of costs to which the flat rate is applied may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1.
For operations [F18receiving support for rural development], where the flat rate referred to in Article 68b(1) is used, the allowances and the salaries paid to participants may be reimbursed in accordance with point (a) of the first subparagraph of paragraph 1 of this Article.
F17...]
3.The options referred to in paragraph 1 may be combined only where each option covers different categories of costs or where they are used for different projects forming a part of an operation or for successive phases of an operation.
[F124.Where an operation or a project forming a part of an operation is implemented exclusively through the public procurement of works, goods or services, only points (a) and (e) of the first subparagraph of paragraph 1 shall apply. Where the public procurement within an operation or project forming part of an operation is limited to certain categories of costs, all the options referred to in paragraph 1 may be applied for the whole operation or project forming a part of an operation.]
5.The amounts referred to in points (b), (c) and (d) of the first subparagraph of paragraph 1 shall be established in one of the following ways:
[F12(a)a fair, equitable and verifiable calculation method based on any of the following:
statistical data, other objective information or an expert judgement;
the verified historical data of individual beneficiaries;
the application of the usual cost accounting practices of individual beneficiaries;]
[F13(aa)a draft budget established on a case-by-case basis and agreed F19... by the managing authority, or in the case of [F20support for rural development] the authority responsible for the selection of operations, where the public support does not exceed [F21£100 000];]
F22(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c)in accordance with the rules for application of corresponding scales of unit costs, lump sums and flat rates applied under schemes for grants funded entirely by [F23the relevant authority] for a similar type of operation and beneficiary;
(d)rates established by this Regulation F24...;
(e)specific methods for determining amounts established F25....
[F135a.The [F26appropriate authority may make regulations] supplementing this Regulation with regard to the definition of the standard scales of unit costs or the flat-rate financing referred to in points (b) and (d) of the first subparagraph of paragraph 1 of this Article, the related methods referred to in point (a) of paragraph 5 of this Article and the form of support referred to in point (e) of the first subparagraph of paragraph 1 of this Article, by specifying detailed modalities concerning the financing conditions and their application.]
6.The document setting out the conditions for support for each operation shall set out the method to be applied for determining the costs of the operation and the conditions for payment of the grant.
Extent Information
E2This version of this provision applies to Wales only; a separate version has been created for England, Scotland and Northern Ireland
Textual Amendments
F12Substituted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
F13Inserted by Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council of 18 July 2018 on the financial rules applicable to the general budget of the Union, amending Regulations (EU) No 1296/2013, (EU) No 1301/2013, (EU) No 1303/2013, (EU) No 1304/2013, (EU) No 1309/2013, (EU) No 1316/2013, (EU) No 223/2014, (EU) No 283/2014, and Decision No 541/2014/EU and repealing Regulation (EU, Euratom) No 966/2012.
F14Words in Art. 67(1)(e) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(a); 2020 c. 1, Sch. 5 para. 1(1)
F15Words in Art. 67(1) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(a)
F16Art. 67(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(26)(b)
F17Words in Art. 67(2a) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F18Words in Art. 67(2a) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F19Words in Art. 67(5)(aa) 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(26)(c)(i)(aa)
F20Words in Art. 67(5)(aa) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F21Sum in Art. 67(5)(aa) substituted (W.) in so far as it relates to domestic support for rural development (26.3.2021) by The Agricultural Support (Miscellaneous Amendments) (Wales) (EU Exit) Regulations 2021 (S.I. 2021/400), regs. 1(2), 6(26)(c)(i)(bb)
F22Art. 67(5)(b) omitted (31.12.2020) by virtue of The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F23Words in Art. 67(5)(c) substituted (31.12.2020) by The European Structural and Investment Funds Common Provisions (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/785), regs. 1, 11(8)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F24Words in Art. 67(5)(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(26)(c)(ii)
F25Words in Art. 67(5)(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(26)(c)(iii)
F26Words in Art. 67(5a) substituted (31.12.2020) by The Agriculture (Legislative Functions) (EU Exit) Regulations 2019 (S.I. 2019/748), regs. 1, 84(b); 2020 c. 1, Sch. 5 para. 1(1)
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