Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 ... (32013R1303)
INHALT
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
- 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
- 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
- ANNEX I
- COMMON STRATEGIC FRAMEWORK
- 1. INTRODUCTION
- 2. CONTRIBUTION OF ESI FUNDS TO THE UNION STRATEGY FOR SMART, SUSTAINABLE AND INCLUSIVE GROWTH AND COHERENCE WITH THE UNION'S ECONOMIC GOVERNANCE
- 3. INTEGRATED APPROACH TO AND ARRANGEMENTS FOR THE USE OF THE ESI FUNDS
- 3.1 Introduction
- 3.2 Coordination and complementarity
- 3.3 Encouraging integrated approaches
- 4. COORDINATION AND SYNERGIES BETWEEN ESI FUNDS AND OTHER UNION POLICIES AND INSTRUMENTS
- 4.1 Introduction
- 4.2 Coordination with the Common Agricultural Policy and the Common Fisheries Policy
- 4.3 Horizon 2020 and other centrally managed Union programmes in the areas of research and innovation
- 4.4 New Entrants Reserve (NER) 300 demonstration funding(2)
- 4.5 Programme for the Environment and Climate Action (LIFE)(3) and the environmental acquis
- 4.6 ERASMUS +(4)
- 4.7 European Union Programme for Employment and Social Innovation (EaSI)(5)
- 4.8 Connecting Europe Facility (CEF)(6)
- 4.9 Instrument for Pre-accession Assistance, European Neighbourhood Instrument and European Development Fund
- 5. HORIZONTAL PRINCIPLES REFERRED TO IN ARTICLES 5, 7 AND 8 AND CROSS-CUTTING POLICY OBJECTIVES
- 5.1 Partnership and multi-level governance
- 5.2 Sustainable development
- 5.3 Promotion of equality between men and women and non-discrimination
- 5.4 Accessibility
- 5.5 Addressing demographic change
- 5.6 Climate change mitigation and adaptation
- 6. ARRANGEMENTS FOR ADDRESSING KEY TERRITORIAL CHALLENGES
- 7. COOPERATION ACTIVITIES
- 7.1 Coordination and complementarity
- 7.2 Cross-border, transnational and interregional cooperation under the ERDF
- 7.3 Contribution of mainstream programmes to macro-regional and sea-basin strategies
- 7.4 Transnational cooperation under the ESF
- ANNEX II
- METHOD FOR ESTABLISHING THE PERFORMANCE FRAMEWORK
- Table 1: Standard format for the performance framework
- 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 PRIORITIES
- 3. DETERMINING THE FINAL LEVEL OF SUSPENSION OF COMMITMENTS FOR THE PROGRAMMES FALLING WITHIN THE SCOPE OF THE SUSPENSION
- 4. DETERMINING THE SCOPE AND THE LEVEL OF SUSPENSION OF PAYMENTS
- ANNEX IV
- IMPLEMENTATION OF FINANCIAL INSTRUMENTS: FUNDING AGREEMENTS
- ANNEX V
- ANNEX VI
- ANNEX VII
- ALLOCATION METHODOLOGY
- Allocation method for the less developed regions eligible under the Investment for growth and jobs goal, referred to in point (a) of the first subparagraph of Article 90(2)
- Allocation method for transition regions eligible under the Investment for growth and jobs goal, referred to in point (b) of the first subparagraph of Article 90(2)
- Allocation method for the more developed regions eligible under the Investment for growth and jobs goal, referred to in point (c) of the first subparagraph of Article 90(2)
- Allocation method for the Member States eligible for the Cohesion Fund under Article 90(3)
- Allocation method for the European territorial cooperation goal referred to in Article 4 of the ETC Regulation
- Allocation method of the additional funding for regions referred to in point (e) of Article 92(1)
- Maximum level of transfers from funds supporting cohesion
- Additional provisions
- Additional adjustments in accordance with Article 92(2)
- ANNEX VIII
- METHODOLOGY CONCERNING THE SPECIFIC ALLOCATION FOR THE YEI REFERRED TO IN ARTICLE 91
- ANNEX IX
- METHODOLOGY FOR DETERMINING MINIMUM SHARE OF THE ESF
- ANNEX X
- ADDITIONALITY
- 1. PUBLIC OR EQUIVALENT STRUCTURAL EXPENDITURE
- 2. VERIFICATION
- 2.1 Ex ante verification
- 2.2 Mid-term verification
- 2.3 Ex post verification
- 3. FINANCIAL CORRECTION RATES FOLLOWING EX POST VERIFICATION
- ANNEX XI
- PART I: Thematic ex ante conditionalities
- PART II: General ex ante conditionalities
- 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
- 2.2. Responsibilities of the beneficiaries
- 3. INFORMATION MEASURES FOR POTENTIAL BENEFICIARIES AND BENEFICIARIES
- 3.1. Information measures for potential beneficiaries
- 3.2. Information measures for beneficiaries
- 4. ELEMENTS OF THE COMMUNICATION STRATEGY
- ANNEX XIII
- DESIGNATION CRITERIA FOR THE MANAGING AUTHORITY AND THE CERTIFYING AUTHORITY
- 1. INTERNAL CONTROL ENVIRONMENT
- 2. RISK MANAGEMENT
- 3. MANAGEMENT AND CONTROL ACTIVITIES
- A. Managing authority
- B. Certifying authority
- 4. MONITORING
- A. Managing authority
- B. Certifying authority
- ANNEX XIV
- 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)
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