(This note is not part of the Regulations)
These Regulations enable the Welsh Ministers to exercise in relation to Wales certain functions under Regulation (EU) No. 1303/2013 (“the 2013 Structural Funds Regulation”) of the European Parliament and of the Council laying down common provisions on the European Regional Development Fund, the European Social 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. The functions concerned are in respect of the European Regional Development Fund and the European Social Fund and comprise:
| Article of the 2013 Structural Funds Regulation | Brief description of function |
|---|---|
| Articles 4(4), 4(9), 4(10), 26(2) and 26(3) | Preparing and implementing operational programmes, including effective monitoring, evaluation, reporting, and actions to reduce administrative burdens on beneficiaries. |
| Article 5 | Being a participant in a partnership for the Partnership Agreement organised by the Member State with the competent regional and local authorities and organising partnerships for each operational programme with the competent regional and local authorities. |
| Article 26(4) | Submitting a proposal for an operational programme to the Commission. |
| Article 47 | Setting up operational programme monitoring committees. |
| Articles 50(1) and 141(1) | Submitting annual and final implementation reports to the Commission. |
| Article 51(1) | Participating in annual review meetings with the Commission to examine programme performance and annual implementation reports. |
| Articles 54, 55, 56, 57 and 114 | Functions in relation to evaluating operational programmes. |
| Article 65(1) | Laying down national expenditure eligibility rules. |
| Article 74(1) and 74(2) | Obligations relating to management, control and audit. |
| Article 74(3) | Setting up arrangements for the effective examination of complaints. |
| Article 122 | Setting up management and control systems for operational programmes in accordance with Articles 72 and 74. Preventing, detecting and correcting irregularities and recovering amounts unduly paid, together with any interest on late payments. Reporting irregularities to the Commission where required. No later than 31 December 2015, ensuring that all exchanges of information between beneficiaries and a managing authority, a certifying authority, an audit authority and intermediate bodies can be carried out by means of electronic data exchange systems. |
| Articles 123(1), 123(2), 123(3), 123(4) 123(6), 123(7), 124(1), 124(4), 124(5) and 124(6) | Designating, for each operational programme, a managing authority, an audit authority and, if applicable, a certifying authority and intermediate bodies. Ending the above designations, including determining periods of probation and setting out remedial actions. Submitting designations of management and control of operational programmes to the Commission. |
| Article 129 | Ensuring that by the closure of the operational programme, the amount of public expenditure paid to beneficiaries is at least equal to the contribution from the Funds paid by the Commission. |
| Article 138 and 139(1) | Submitting documents to the Commission by the deadline set out in Regulation 966/2012 on the financial rules applicable to the general budget of the Union and providing necessary information to the Commission to enable it to determine whether the accounts are complete, accurate and true. |
| Articles 143 and 146 | Functions in relation to financial corrections and the obligation to pursue recoveries. |
In respect of the functions conferred on a Member State by Articles 124(1), 124(4), 124(5) and 124(6), 143 and 146 of the 2013 Structural Funds Regulation, the functions are exercisable in relation to Wales by a Minister of the Crown as well as by Welsh Ministers.
Where a function is made exercisable by the Welsh Ministers under the Regulations, there is transferred to the Welsh Ministers from the Secretary of State, the property and rights to which he is entitled and any liabilities to which he is subject in connection with the function.
A regulatory impact assessment has not been produced for this instrument as it has no impact on the costs of business.