Transcript Challenges

European Union
Regional Policy – Employment, Social Affairs and Inclusion
EU Cohesion Policy 2014-2020
Proposals from the
European Commission
Structural Actions Working Party
12-13 October 2011
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Legislative package
• The General Regulation
• Common provisions for cohesion policy, the rural
development policy and the maritime and fisheries policy
• Common provisions for cohesion policy only (ERDF, CF,
ESF)
• Fund specific regulations
• ERDF regulation
• CF regulation
• ESF regulation
• ETC regulation
• EGTC regulation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Building Blocks
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Financial Framework and co-financing rates
Strategic approach
Conditionalities and performance
Programming
Territorial development
Financial instruments
Monitoring, evaluation and indicators, information and communication
Conditions of assistance, including simplified costs
Management and control and financial management
Scope, thematic concentration in ERDF and CF regulations
Scope, thematic concentration in ESF regulation
European territorial cooperation
Comitology, etc.
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 1
Objectives, Financial Framework
and co-financing rates
(mainly cohesion policy specific provisions)
Articles 81-86 of CPR
Article 53 of CPR
Article 22 of CPR
Articles 110-111 of CPR
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Mission and Goals
• Mission of EU cohesion policy:
– to reduce disparities between Europe's regions
strengthening economic, social and terrritorial
cohesion in line with article 174 of the Treaty
– to contribute to the Union Strategy of smart,
sustainable and inclusive growth
• Two goals:
– Investment for growth and jobs
– European Territorial cooperation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Budget for Cohesion Policy post 2013
billion EUR (2011 prices)
Cohesion Fund*
68.7
Less developed regions
162.6
Transition regions
39.0
More developed regions
53.1
Territorial Cooperation
11.7
Extra allocation for outermost and northern regions
TOTAL**
Connecting Europe facility for transport, energy and ICT
TOTAL
0.9
336.0
40.0
376.0
*Cohesion Fund will ringfence 10 billion EUR for the new Connecting Europe Facility
**Includes 2,5 billion EUR allocation for food for deprived persons
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Geographical coverage of support
•
Three categories of regions
– Less developed regions (GDP per capita < 75% of EU average)
– Transition regions (GDP per capita between 75% and 90%)
– More developed regions (GDP per capita > 90%)
•
The new category of transition regions replaces the current statistical
phasing-out and phasing-in regions
•
Why a new category for transition regions?
– Fairer system for regions with similar level of economic development
– Helps to soften the transition between less and more developed
regions
•
Safety net for regions whose GDP per capita is below 75% of the EU
average in 2007-2013
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
•
Cohesion Fund for
Member States with
GNI per capita <90%
•
Investments in the
fields of environment
and trans-European
transport Networks
•
On the basis of latest
GNI figures, Greece
and Cyprus will
benefit from phasingout of Cohesion
Fund
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial support from the Funds
Maximum co-financing rates at the level of the priority axis:
– 85 % for the Cohesion Fund
– 85 % for the less developed regions of Member States whose average GDP
per capita for the period 2007 to 2009 was below 85 % of the EU-27 average
during the same period and for the outermost regions
– 80% for the less developed regions in Member States eligible for the
transitional regime of the Cohesion Fund on 1 January 2014
– 75% for the less developed regions in Member States other than those
mentioned above
– 75% for all regions whose GDP per capita for the 2007-2013 period was less
than 75% of the average of the EU-25 for the reference period but whose
GDP per capita is above 75% of the GDP average of the EU-27
– 60 % for other transition regions
– 50 % for the more developed regions (apart from those whose GDP per
capita was less that 75% of EU average in 2007-2013)
– 75% for European Territorial Cooperation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Technical assistance
• No changes in coverage or scope – only clarification
• TA at the initiative of the Commission – 0,35%
• TA at the initiative of the MS
– Up to 4% for mainstream programmes
– Up to 6% for ETC, but no less than EUR 1 500 000
– One Fund can finance technical assistance for other
Funds (multi-fund programmes, separate OP for
technical assistance), however only up to 10% of any
Fund can be allocated to TA
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 2
Strategic Approach
(common provisions for the CSF Funds)
Articles 3-15 of CPR
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Common Principles for all Funds (1)
• Strengthening partnership and multi-level
governance
– Introduction of a binding European Code of conduct
• Sets out objectives and criteria to support the
implementation of partnerships
• Facilitates sharing of information and good practices
among Member States
• Compliance with Union and national law
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Common Principles for all Funds (2)
• Reinforcement of gender equality and non-discrimination:
– Horizontal principle of the regulations
– Specific actions in OPs, covered by ex-ante evaluation
– Opinion of the national equal opportunities’ body on the OPs
– Project selection
– Followed up in reporting
• Promoting sustainable development
– Horizontal principle of the regulations
– Specific actions in OPs, covered by ex-ante evaluation
– Project selection
– Followed up in reporting
– Tracking of expenditure for climate change objectives
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Thematic Objectives to Deliver Europe 2020
• Strengthening research, technological development and innovation
• Enhancing access to, and use and quality of, information and
communication technologies
• Enhancing the competitiveness of small and medium-sized
enterprises, the agricultural sector (for the EAFRD) and the fisheries
and aquaculture sector (for the EMFF)
• Supporting the shift towards a low-carbon economy in all sectors
• Promoting climate change adaptation, risk prevention and
management
• Protecting the environment and promoting resource efficiency
• Promoting sustainable transport and removing bottlenecks in key
network infrastructures
• Promoting employment and supporting labour mobility
• Promoting social inclusion and combating poverty
• Investing in education, skills and lifelong learning
• Enhancing institutional capacity and an efficient public administration
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Strengthening the Strategic Approach
Common Strategic Framework
Partnership contract
Operational
Programmes
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Common Strategic Framework
• Sets a comprehensive investment strategy for all the
funds, including rural development and maritime and
fisheries policies
• Translates the thematic objectives into key actions for
Member States and regions
• Establishes priority areas for cooperation activities
• Ensures better coherence and consistency with the
National Reform Programmes
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Partnership Contract
• Prepared at national level with close involvement of partners
• Agreed between the Commission and Member State, includes:
– The contribution of the CSF Funds towards the achievement of
thematic objectives
– An integrated approach for territorial development supported by the
CSF Funds
– Arrangements for effective implementation: involvement of partners,
ex-ante conditionalities, performance framework, additionality
– Arrangements for efficient implementation: administrative capacity,
administrative burden reduction
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Adoption and amendment of the
partnership contract
• The Commission shall assess the consistency of the Partnership
Contract with the CPR, with the Common Strategic Framework,
and the country-specific recommendations under Article 121(2) of
the Treaty and the Council recommendations adopted under
148(4) of the Treaty, taking account of the ex ante evaluations of
the programmes
• The Commission shall adopt a decision approving the Partnership
Contract within 6 months of its submission
• If the Common Strategic Framework is revised, the Member
States shall propose amendments, where necessary, to their
Partnership Contract and programmes to ensure their consistency
with the revised Common Strategic Framework
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 3
Conditionalities and performance
(common provisions for the CSF Funds)
Articles 17, 20-21 of CPR and Annex IV
Articles 18, 19 of CPR and Annex I
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Ex-ante conditionality
• Conditions to be fulfilled prior to submission of Partnership
Contracts and operational programmes
• Directly related to the thematic objectives or horizontal
conditions of effectiveness
• Specified criteria for fulfilment defined in annex IV of CPR
• Conditionalities must be fulfilled within two years of the
approval of the Partnership Contract or by end of 2016
• Non-fulfilment of conditionalities at the time of the adoption of
the programmes or by the deadline outlined above constitutes
a basis for suspension of payments
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Regulation: Thematic and horizontal ex-ante conditionalities set out in the Regulation
Preparation of programming documents: Member States undertake a self-assessment verifying
whether the ex-ante conditionality criteria have been met.
Conditionality respected:
Draft programmes explain that
no further action needs to be
taken
Partially respect:
Draft programmes lay down
commitments for fulfilment
Not respected:
Draft programmes lay down
commitments for fulfilment,
payments could be made only
upon fulfilment
Submission of programming documents: The results of the self-assessment and commitments
are included in the draft programmes.
Negotiation and agreement on commitments: The agreed commitments are set out
in the programmes and synthesised in the Partnership Contract.
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Reinforced macroeconomic conditionality for
the Funds
• Closer link between cohesion policy and the economic governance
of the Union in two areas:
– Council recommendations
• The broad economic guidelines, the employment guidelines as well
as the Eurozone-specific measures
• The excessive deficit procedure
• The macroeconomic imbalances procedure
– Union financial assistance to a Member State
• under the European financial stabilisation mechanism
• under the facility providing medium-term financial assistance for
Member States' balances of payments
• in the form of an ESM loan
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Amendment of programmes and partnership
contracts
• Commission may request or propose amendments to the
Partnership Contract and relevant programmes where it
is necessary to:
– support the implementation of Council recommendations
– maximise the impact of the funds where the Member State
receives financial assistance from the EU
• Commission can suspend payments where Member
State fails to react to Commission requests or
observations within the established deadlines
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Specific provisions linked to adjustment
programmes
• Where a Member State receives Union financial
assistance linked to an adjustment programme, the
Commission may amend the Partnership Contract and
the OPs without a proposal by the Member State
• In this case the Commission will become directly involved
in the management of the programmes
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Automatic suspension of payments
• The Commission shall suspend part or all of payments and
commitments where:
– the Council decides or concludes that a Member State:
• does not comply with measures set out by the Council in relation to the
economic policy guidelines for Eurozone members,
• has not taken effective action to correct its excessive deficit,
• has not taken the necessary measures to correct macro-economic
imbalances;
– it concludes that the Member State has not taken measures to implement
the adjustment programme and decides not to authorise the disbursement of
the financial assistance granted to this Member State;
– the Board of Directors of the European stability mechanism concludes that
the conditionality attached to an ESM financial assistance in the form of an
ESM loan to the concerned Member State was not met and as a
consequence decides not to disburse the stability support granted to it.
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Application and lifting of suspension
• When deciding to suspend part or all of the payments or
commitments the Commission shall ensure that the
suspension is:
– proportionate and effective,
– takes into account the economic and social circumstances
of the Member State concerned,
– and respects the equality of treatment between Member
States, in particular with regard to the impact of the
suspension on the economy of the Member State
concerned.
• All suspensions shall be lifted without delay when the
underlying cause for suspension has been addressed
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Performance framework
• Focuses on the achievement of programme objectives
• Sets out milestones and targets for performance of programme
priorities for 2016, 2018 and 2022
• Milestones established for 2016 shall include financial
indicators and output indicators
• Milestones established for 2018 shall include financial
indicators, output indicators and where appropriate, result
indicators
• Milestones may also be established for key implementation
steps
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Performance review
• The performance framework shall constitute the basis for the
performance review in 2017 and 2019 and the disbursement of the
performance reserve
• Information for the performance review is drawn from the progress
reports
• Member States are expected to react to significant shortfalls in the
achievement of milestones (measures to improve performance,
reprogramming)
• In the absence of sufficient action, Commission can suspend
payments
• Significant failure to achieve the targets set for 2022 in the
performance framework can lead to a financial correction at the end
of the programming period
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Performance reserve
• A performance reserve of 5% is set aside at the beginning of
the programming period (exception for ETC)
• The performance reserve is established per CSF Fund, per
Member State and per category of region
• The 5% reserve is allocated to each Member State following
the performance review in 2019
• Allocation can only be used for priority axes where
performance has been satisfactory (milestones have been
achieved) – based on Member State proposal
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Additionality
• Only for MS in which less developed and transition regions cover
at least 15 % of the total population
• between 15% and 70% = verification at national and
regional level
• 70%+ = verification at national level
• Reference level in the Partnership Contract – based on ex-ante
verification by the Commission having regard to the average level
of public or equivalent structural expenditure per year in the
period 2007-2013
• Mid term verification in 2018 and ex-post verification in 2022
• Exceptional circumstances to be taken into account, revision of
reference level possible after mid-term verification
• Shortfall of more than 3% from reference level at ex-post
verification = financial corrections up to 5%
• Information drawn from Stability and Convergence programmes
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 4
Programming
(both common and specific provisions)
Articles 23-27 of CPR
Articles 87-98 of CPR
Articles 51 and 52 of CPR
Articles 108 and 109 of CPR
Articles 6-12 of the ESF Regulation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Programming
• Common provisions on preparation, adoption and amendment, as
well as on the shared elements of the content
• Specific provisions on the content of operational programmes
under cohesion policy:
–
–
–
–
–
–
–
Strategy for smart, sustainable and inclusive growth
Description of priority axes
Contribution to territorial development
Arrangements to ensure effective implementation
Financing plan
Implementing provisions
Specific actions (related to horizontal principles)
• Operational programmes submitted shall be accompanied by the
ex-ante evaluation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Adoption and amendment of
operational programmes
• The Commission shall assess the consistency of programmes with this
Regulation, the Fund-specific rules, their effective contribution to the
thematic objectives and the Union priorities specific to each CSF Fund,
the Common Strategic Framework, the Partnership Contract, the
country-specific recommendations under Article 121(2) of the Treaty and
the Council recommendations adopted under 148(4) of the Treaty, taking
account of the ex ante evaluation.
• The Commission shall adopt a decision approving the operational
programmes within 6 months of its submission
• Any amendment to an operational programme shall be duly
substantiated and shall set out the expected impact of the amendment.
Where necessary the Commission will amend the Partnership Contract
at the same time with the amendment of the operational programme
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Reinforcing Integrated Programming
• Integrated programme approach
– The Common Strategic Framework at EU level and the Partnership
Contract at national level covering all the CSF Funds
– Possibility for Member States to prepare and implement multifund
programmes combining ERDF, ESF and the Cohesion Fund
– Possibility for Member States to establish "multi-category"
operational programmes which cover less developed, transition, and
more developed regions or any combination of these.
• Integrated approaches for territorial development supported
by the CSF Funds
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Major projects
• A coherent approach focusing on:
• realistic planning
• the preparation of the project pipeline
• monitoring and regular reporting
• 2007-2013 threshold maintained
• Clear information requirements
• Major projects submitted must correspond to the list in the
operational programme
• Limiting the scope of Commission appraisal
• Expenditure can be declared only upon approval of the major
project by the Commission
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Joint actions plans
• Optional approach – operation implemented and financed based on
outputs and results agreed between the Member State and the
Commission
• JAP adopted by the Commission, based on a proposal by the Member
State
• Negotiation on:
– Outputs and results necessary to reach an objective such as an
education reform
– ‘Pricing’ of outputs and results based on lump sums and standard
scales of unit costs
• Payments correspond to the achievement of ‘milestones’
– Control of outputs and results, not expenditure by the beneficiary
– National management practices at beneficiary level
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 5
Territorial development
(common and specific provisions)
Articles 28-31 of CPR
Articles 99 of CPR
Articles 7-11 of the ERDF Regulation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Reinforcing community-led local
development
• Integrated approach to community-led local development
– Facilitates integrated investment by small communities
including local authorities, NGOs, and economic and social
partners
– Integrated local development strategies
– Local action groups to design and implement these strategies
– Integrated approach and common rules = can be financed
jointly from ERDF, ESF, EAFRD and EMFF
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Reinforcing Territorial Cohesion
•
Focus on sustainable urban development
– At least 5% of the ERDF resources to be allocated to integrated actions for
sustainable urban development
•
Creation of an urban development platform
– To promote capacity-building and networking between cities and exchange of
experience on urban policy at EU level
– Adoption of a list of cities to participate in the platform
•
Support for innovative actions in the field of sustainable urban
development - Subject to a ceiling of 0,2% of the annual funding
•
Integrated territorial investments
– Investments under one or more Operational Programmes can take the form of
integrated territorial investments
•
Adressing the specific needs of geographical areas most affected by
poverty or target groups at highest risk of discrimination or exclusion
with special regard to marginalised communities
– contribution highlighted in the content of each OP
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 6
Financial instruments
(common provisions for the CSF Funds)
Articles 32-40 of CPR
Article 15 of the ESF Regulation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Instruments (1)
• Common rules for the cohesion policy, the rural
development policy and the maritime and
fisheries policy
• Clarification of implementation rules
• Reinforcement of legal certainty
• Extension of the present scope of financial
instruments
• Simplification of access to instruments such as
JEREMIE, JESSICA and JASMINE
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Instruments (2)
• Necessity for an ex ante assessment which has
identified market failures or suboptimal
investment situations, and investment needs
• Combination with grants, interest rate subsidies
and guarantee fee subsidies
• Combination with other financial instruments
• Eligibility of in-kind contributions in limited
circumstances
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Instruments (3)
Options for set-up:
1) EU level platforms
2) Financial instruments established by the Member States complying
with standard terms and conditions laid down by the Commission
(standard models)
3) Financial instruments of specific design established by Member
States
Support may be given by:
• Investment in the capital of legal entities
• Entrusting implementation tasks to the EIB, international financial
institutions or a body selected in accordance with applicable Union
and national rules
• Direct implementation by the managing authority (for loans and
guarantees only)
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Instruments (4)
• Special management and control provisions for
instruments set up at EU level
• Special provisions for financial management:
–
–
–
–
–
–
more flexible co-financing arrangements
the “2 year rule”
clarification of eligible expenditure at closure
re-use of resources until closure
the use of legacy resources
specific reporting requirements (deadlines aligned
with annual reports on implementation)
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 7
Monitoring, evaluation and indicators
Information and communication
(both common and specific provisions)
Articles 41-50 of CPR
Articles 100-104 of CPR
Article 6 and Annex of ERDF Regulation
Article 4 and Annex of CF Regulation
Article 5 and Annex of the ESF regulation
Article 15 and Annex ETC Regulation
Articles 105-107 and Annex V of CPR
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
A Focus on Results: Indicators
• Fund Specific Common Indicators
– Common output and, where appropriate, result
indicators
– Fund specific rules on baselines, targets and reporting
• Programme Specific Indicators
– Output indicators, where appropriate
– Result indicators related to the priority axis
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
A Focus on Results: Monitoring &
Reporting (1)
• No annual report in 2015
• Lighter annual reports on implementation:
– Information of financial progress and indicators
– Actions to fulfil ex-ante conditionalities
– Issues which affect the performance of the programme
– Information on the implementation of major projects and JAPs
• Thorough information and analysis of all the elements of the OP
required only in 2017, 2019 and for the final report
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
A Focus on Results: Monitoring &
Reporting (2)
• Financial data to be submitted electronically 4 times a year:
– the total and public eligible cost of the operations and the number of
operations selected for support
– the total and public eligible cost of contracts or other legal
commitments entered into by beneficiaries in implementation of
operations selected for support
– the total eligible expenditure declared by beneficiaries to the
managing authority
• A progress report (at national level) common for the CSF
Funds to be submitted in 2017 and 2019 – content corresponds
to that of the Partnership Contract
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
A Focus on Results: Evaluation (1)
• Ex-ante evaluation:
– Justification for selected thematic objectives
contributing to EU2020 & consistency, relevance and
realism of indicators, targets & financial allocations
– Monitoring and evaluation capacities and appropriate
data collection arrangements
– Milestones for performance framework
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
A Focus on Results: Evaluation (2)
• Evaluation during the programming period:
– Evaluation plan obligatory – to be adopted by first
Monitoring Committee
– More evaluation of the effects of interventions (impact)
– Implementation evaluations when necessary
– Synthesis report of evaluations by MS in 2020
• Ex-post evaluation by the Commission
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Information and Communication
• Rules on information and communication is part of main
regulation
• 7 year strategy with yearly updates (no Commission
approval, Monitoring Committee adoption)
• List of operations with comparable information
• Single national website/portal for all programmes
• Designation of national information officers
• Networks to ensure exchange of experience and good
practice
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 8
Conditions of Assistance
(common provisions for the CSF Funds)
Articles 54-61 of CPR
Articles 109-110 of CPR
Articles 13 and 14 of the ESF Regulation
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Revenue generating operations
Review of the rules on revenue generation
•
Member States can choose between:
– The current approach based on the funding gap analysis;
– A new approach based on application of a flat rate revenue
percentages established at EU level for different types of
operations
•
•
Where revenue cannot be determined in advance, the net
revenue must be deducted retrospectively
Maintaining current exemptions (for all ESF operations, and
operations under EUR 1 million, state aid and financial
instruments) to ensure a proportionate approach
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Changes in eligibility rules (1)
•
An operation may receive support from one or more CSF Funds
and from other Union instruments, provided that the expenditure
item included in a payment application for reimbursement by one of
the CSF Funds does not receive support from another Fund
•
Net revenue directly generated by an operation during its
implementation which has not been taken into account at the time
of approval of the operation, shall be deducted from the eligible
expenditure of the operation in the final payment claim submitted by
the beneficiary. This rule shall not apply to financial instruments and
prizes
•
Operations shall not be selected for support by the CSF Funds
where they have been physically completed or fully
implemented before the application for funding under the
programme is submitted by the beneficiary to the managing authority
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Changes in eligibility rules (2)
•
In the case of repayable assistance, the support repaid to the
body that provided it, or to another competent authority of the
Member State, shall be kept in a separate account and reused
for the same purpose or in accordance with the objectives of the
programme
•
As a rule, VAT is not eligible. However, VAT amounts shall be
eligible where they are not recoverable under national VAT
legislation and are paid by a beneficiary other than non-taxable
person as defined in the first subparagraph of Article 13(1) of
Directive 2006/112/EC, provided that such VAT amounts are not
incurred in relation to the provision of infrastructure
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Changes in eligibility rules (3)
•
Eligibility of operations depending on their location
– Operations supported by the CSF Funds shall be located in
the area covered by the programme under which they are
supported
– Exemptions subject to conditions:
• benefit to the programme area
• ceiling of 10% at the level of a priority axis
• Monitoring Committee approval
• fulfilment of management, control and audit obligations
– Only promotional activities may be financed outside the
Union
– Provisions do not apply to ETC and ESF
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Reimbursement options
•
Grants may take the following forms:
–
reimbursement of eligible costs actually incurred and paid,
together with, where applicable, in-kind contributions and
depreciation;
– standard scales of unit costs;
– lump sums not exceeding EUR 100 000 of public contribution;
– flat-rate financing, determined by the application of a
percentage to one or several defined categories of costs.
•
The Member State may choose which option to use exception for ESF operations < 50.000 EUR: only simplified
costs are allowed
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Simplified costs (1)
Simplified costs can be established on the basis of:
•
a fair, equitable and verifiable calculation method based on:
–
statistical data or other objective information; or
–
the verified historical data of individual beneficiaries or the application of their
usual cost accounting practices;
•
methods and corresponding scales of unit costs, lump sums and flat rates
applicable in Union policies for a similar type of operation and beneficiary;
•
methods and corresponding scales of unit costs, lump sums and flat rates
applied under schemes for grants funded entirely by the Member State for
a similar type of operation and beneficiary;
•
rates established by the CPR or the Fund-specific rules (no methodology
required);
•
on the basis of the project budget (for ESF operations below 100 000).
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European Union
Regional Policy – Employment, Social Affairs and Inclusion
Simplified costs (2)
•
Rates established at EU level shall include:
– a flat rate for indirect costs (all CSF Funds) - up to 15% of eligible
direct staff costs;
– for ETC - staff costs up to 15% of the direct costs other than the staff
costs of that operation;
– for ESF:
• scales of unit costs/lump sums established by the Commission,
• 40% flat rate of direct staff costs to calculate the amount of all the
other eligible costs.
•
The rates established at EU level will not need to be justified by
analysis at national or regional level.
60
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Durability
•
Durability affected when an operation undergoes:
– a cessation or relocation of a productive activity;
– a change in ownership of an item of infrastructure which
gives to a firm or a public body an undue advantage; or
– a substantial change affecting its nature, objectives or
implementation conditions which would result in
undermining its original objectives.
•
Clarification of situations where exemptions apply – ESF,
operations other than infrastructure and productive
investment, financial instruments and non-fraudulent
bankruptcy
61
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 9
Management and control
Financial Management
(both common and specific provisions)
Articles 62-79 of CPR
Articles 112-140 of CPR
62
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Responsibilities of Member States
and of the Commission
• Broad continuity of general responsibilities and obligations
• Links with the recast of the Financial Regulation: general
aim to strengthen the assurance process
• eCohesion Policy
– the Member States shall ensure that by the end of 2014 all
exchanges between the administration and beneficiaries can
be carried out by way of electronic data exchange systems
(without a duplicating paper trail)
– a possibility, not an obligation, for the beneficiaries to use
electronic systems
63
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Structure of the management and
control system
• There is broad continuity in the structure of the
management and control system and in the division of
tasks and the responsibilities of the managing authority,
the certifying authority and the audit authority
• New elements:
– Possibility to set up managing authorities which fulfil
the functions of certifying authorities
– Requirement for the structural independence of audit
authorities for operational programmes with total
support from the Funds of above EUR 250 million
64
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Accreditation
• Member State should designate an accrediting body at ministerial
level: responsibility for accreditation, continuous oversight, for fixing a
probation period, and withdrawal of accreditation
• Both managing authorities and certifying authorities should be
accredited
• Decision of national accreditation is to be made on the basis of an
audit. The oversight by the accrediting authority shall be based on
audit work of the audit authority– no additional controls
• Interim payments will commence once the Commission has been
notified of the accreditation decision
• Review by the Commission is risk based: no review for programmes
under EUR 250 million, or for low risk programmes
65
European Union
Regional Policy – Employment, Social Affairs and Inclusion
The functions of the managing
authority
Definition of responsibilities relating to:
– Programme management (supporting the Monitoring Committee,
reporting, distribution of information, establishment of systems to
record and store data, ensuring data collection and storage)
– Selection of operations (drawing up and application of selection
criteria, ensuring that selected operations are eligible, informing
beneficiaries of the conditions of support, ensuring that
beneficiaries have sufficient capacity to implement operations,
enforcing the rules on relocation, assigning intervention categories
to operations)
– Financial management and control (verifications, ensuring
separate accounting, putting in place anti fraud- measures,
ensuring audit trail, drawing up the management declaration of
assurance)
66
European Union
Regional Policy – Employment, Social Affairs and Inclusion
The functions of the certifying
authority
Definition of responsibilities relating to:
– drawing up, submission and certification of payment applications
– drawing up and certification of the annual accounts
– ensuring that there is a system which records and stores
accounting records for each operation
– ensuring that it has received adequate information from the
managing authority on the procedures and verifications carried
out in relation to expenditure
– taking account results of all audits carried out
– maintaining accounting records in a computerised form of
expenditure declared to the Commission and the corresponding
public contribution paid to beneficiaries
– keeping an account of amounts recoverable and of amounts
withdrawn
67
European Union
Regional Policy – Employment, Social Affairs and Inclusion
The functions of the audit authority
• There are no major changes to the functions of the
AA in comparison with 2007-2013, however there
will be changes in the timing of audit work and in
the coverage of the audit opinion :
– AA shall submit on an annual basis an audit opinion
“on the annual accounts for the preceding accounting
year, whose scope shall cover the completeness,
accuracy and veracity of the annual accounts, the
functioning of the management and control system
and the legality and regularity of the underlying
transactions”
68
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Proportionate audit arrangements
•
At the level of operations
– Operations under EUR 100 000 – max. one audit prior to closure
– Other operations – max. one audit per accounting year prior to closure
•
At the level of the operational programme
– No significant deficiencies – COM may agree with AA to reduce the level
of audit work and not to perform any direct on-the –spot checks
– Where the COM can rely on the opinion of the AA, it may agree to limit its
on-the-spot audits to the work of the AA
•
COM can carry out audits if it identifies specific risks or there is evidence
of serious deficiencies
•
COM can carry out audits to assess the work of the AA
•
No restrictions for audit work after closure of operations (within the
retention period)
69
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Accounting year and clearance of
accounts
Compulsory interim
payment application
Accounting year
1 Jul
N -1
Dec
N-1
Clearance of accounts
30
Jun N
Dec 1 Feb
N+1
N
30 Apr 30 Jun
N+1
N+1
Preparation of the annual
accounts, management
declaration, audit report,
audit opinion
70
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Pre-financing
• Initial pre-financing 4% paid in 3 instalments, cleared
at the end of the programming period
• Annual pre-financing paid before 1 July:
– 2% in 2016
– 2,5% in 2017-2022
• Annual pre-financing cleared annually with the
clearance of accounts
71
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Interim payments
• Regular submission of payment applications with
a compulsory statement of expenditure at the end
of accounting year (by 31 July, with the cut-off
date of 30 June)
• Payments of the public contribution to
beneficiaries and expenditure paid by
beneficiaries before expenditure declared to
Commission
• Payment by Commission limited to 90% of
amount calculated
• Remaining balance to be paid after clearance of
accounts
72
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Decommitment
• N+2 rule throughout the whole programming
period
• Exception for the first year
– no automatic decommitment exercise for the first
year commitment
– first year commitment spread over the following
years (1/6)
• Exceptions for force majeure or legal
proceedings and administrative appeals
• No exceptions for major project and state aids
73
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Annual clearance of accounts
• Accounting year = 1 July - 30 June
• Submission by 1 February n+1 annually:
•
– Annual accounts, certified by CA
– Management declaration + report on controls carried out
– Audit opinion + report on all available audits
Content of certified annual accounts:
– Total eligible expenditure entered in CA accounts – paid by
beneficiaries
– Corresponding public support paid
– Amounts withdrawn or recovered
– ERDF/CF operations completed
– Possible provision of maximum 5% for open audit issues
• Commission decision on clearance by 30 April N+1:
– Amount chargeable to the Fund (subject to subsequent financial
corrections)
74
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Closure
• Rolling closure of completed operations (ERDF, CF) or
expenditure (ESF) within the process of annual clearance of
accounts
– The 3- year retention period shall run from the 31 December
of the year of the annual clearance of accounts (interrupted
for legal and administrative proceedings). No controls or
audits of operations or expenditure closed beyond this period
• Final closure – submission of documents by 30 September 2013
– an application for payment of the final balance;
– a final implementation report for the operational programme;
– the documents for the annual clearance of accounts for the
final accounting year from 1 July 2022 to 30 June 2023.
75
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Interruption of the payment deadline
• The payment deadline may be interrupted for a maximum of
9 months where:
– following information provided by a national or Union audit
body, there is evidence to suggest a significant deficiency in
the functioning of the management and control system;
– the authorising officer by delegation has to carry out additional
verifications following information coming to his attention
alerting him that expenditure in a request for payment is linked
to an irregularity having serious financial consequences;
– there is a failure to submit one of the documents required for
annual clearance of accounts.
• Interruption may be limited to a part of expenditure covered
by the payment application
76
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Suspension of payments
•
All or part of the interim payments at the level of priority axes or
operational programmes may be suspended by the Commission
where:
– there is a serious deficiency in the management and control system of
the operational programme for which corrective measures have not
been taken;
– expenditure in a statement of expenditure is linked to an irregularity
having serious financial consequences which has not been corrected;
– the Member State has failed to take the necessary action to remedy the
situation giving rise to an interruption;
– there is a serious deficiency in the quality and reliability of the
monitoring system or of the data on common and specific indicators;
– the Member State has failed to undertake actions set out in the
operational programme relating to fulfilment of an ex ante
conditionalities;
– there is evidence resulting from a performance review that a priority
axis has failed to achieve the milestones set out in the performance
framework;
+ possibility of suspension envisaged in connection to the macro77
economic conditionality.
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial corrections by the Member State
• Member State is responsible for investigating irregularities and
for making the financial corrections required and pursuing
recoveries
• The Member State shall make the financial corrections required
in connection with individual or systemic irregularities detected
in operations or operational programmes
• The contribution recovered by the Member State may be reused
by the Member State within the operational programme
concerned, but not for operations that have been the subject of
the correction or for any operation affected by a systemic
irregularity
78
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial corrections by the Commission (1)
• Commission shall make financial corrections where:
– there is a serious deficiency in the management and control system of the
operational programme which has put at risk the Union contribution
already paid to the operational programme;
– the Member State has not carried out the necessary financial corrections
on its own;
– expenditure contained in a payment application is irregular and has not
been corrected by the Member State;
+ corrections envisaged in connection with the performance framework and
review.
• A breach of applicable Union or national law shall lead to a
financial correction only where one of the following conditions is
met:
– the breach has or could have affected the selection of an operation by the
responsible body for support by the CSF Funds;
– there is a risk that the breach has or could have affected the amount of
expenditure declared for reimbursement by the Union budget.
79
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial corrections by the Commission (2)
• Financial corrections by the Commission can be based on
precise amounts, but they can also be extrapolated or
based on flat rates if the irregular amount cannot be
quantified precisely
• Financial corrections shall be proportionate taking into
account the nature and the gravity of the irregularity
• Where irregularities affecting annual accounts sent to the
Commission are detected by the Commission or by the
European Court of Auditors, the resulting financial
correction shall reduce support from the Funds to the
operational programme.
80
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 10
Scope, thematic concentration
in ERDF and CF regulations
Article 16 of CPR
Articles 1-5 of the ERDF regulation
Articles 1-3 of the CF regulation
Articles 1, 5 and 6 of the ETC regulation
81
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Scope of ERDF
•
The scope defines what can and what cannot be supported by
the ERDF
•
Investments in infrastructure providing basic services to citizens
in the areas of environment, transport, and ICT are limited to the
less developed and transition regions
•
More targeted support to large enterprises, focused on
technology and applied research, including the first production
of Key Enabling Technologies
•
Restrictions for support to the ETS sector, the tobacco industry,
decommissioning of nuclear power stations and undertakings in
difficulties
82
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Investment priorities
• All thematic objectives can be supported by the ERDF
• The regulation includes, for every thematic objective:
– A definitive list of investment priorities which set the aims for
intervention by the Fund
Example:
 Thematic objective: supporting the shift towards a low-carbon
economy in all sectors
 Investment priorities:
• promoting the production and distribution of renewable energy
sources
• promoting energy efficiency and renewable energy use in SMEs
• supporting energy efficiency and renewable energy use in public
infrastructures and in the housing sector
• developing smart distribution systems at low voltage levels
83
• promoting low-carbon strategies for urban areas
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Thematic Concentration for ERDF
•
•
The ERDF allocation for energy efficiency and renewables,
innovation and SME support shall form at least:
– 80% of the total ERDF resources at national level in developed
and transition regions;
– 60% of the total ERDF resources at national level in more
developed and transition regions whose GDP per capita in 20072013 is below 75% of EU average;
– 50% of the total ERDF resources at national level in less
developed regions.
In addition the support to energy efficiency and renewables
within this allocation must form at least:
– 20% of the total ERDF resources at national level in more
developed and transition regions;
– 6% of the total ERDF resources at national level in less developed
84
regions.
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Areas with specific natural or
demographic features
•
•
•
Specific additional allocation for the outermost regions and sparsely
populated regions.
Outermost regions can use the allocation to support thematic
objectives, but also for freight transport services and start-up aid for
transport services; operations linked to storage constraints, the
excessive size and maintenance of production tools, and lack of human
capital in the local market, to finance operating aid and expenditure
covering public service obligations and contracts in the outermost
regions.
At least 50% of the special allocation to outmost regions to be used for
actions contributing to the diversification and modernisation of their
economies, with particular focus on research and innovation,
information and communication technologies and SMEs
competitiveness
85
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Scope of the Cohesion Fund
• Cohesion Fund supports:
– investments in the environment, including areas related to
sustainable development and energy which present
environmental benefits
– trans-European networks in the area of transport
infrastructure, in compliance with the guidelines adopted by
Decision No 661/2010/EU
– technical assistance
• Appropriate balance of investments required
• Restrictions – decommissioning of nuclear power stations, ETS
sector, housing
86
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Thematic objectives supported under the
Cohesion Fund
1. Supporting the shift towards a low-carbon economy in all
sectors
2. Promoting climate change adaptation, risk prevention and
management
3. Protecting the environment and promoting resource
efficiency
4. Promoting sustainable transport and removing bottlenecks
in key network infrastructures
5. Enhancing institutional capacity and an efficient public
administration by strengthening of institutional capacity and
the efficiency of public administrations and public services
related to implementation of the Cohesion Fund
87
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Investment priorities
The regulation includes, for every thematic objective:
– A definitive list of investment priorities which set the aims
for intervention by the Fund
Example
 Thematic objective: Protecting the environment and promoting
resource efficiency
 Investment priorities
–
addressing the significant needs for investment in the waste sector to meet the
requirements of the Union's environmental acquis
–
addressing the significant needs for investment in the water sector to meet the
requirements of the Union's environmental acquis
–
protecting and restoring biodiversity, including through green infrastructures
–
improving the urban environment, including regeneration of brownfield sites and
reduction of air pollution
88
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 11
Scope, thematic concentration
in ESF regulation
Articles 1-4 of the ESF Regulation
89
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Thematic Concentration for ESF
LESS
DEVELOPED
REGIONS
TRANSITION
REGIONS
MORE
DEVELOPED
REGIONS
60% budget
on 4 priorities
70% budget
on 4 priorities
80% budget
on 4 priorities
20% budget on Social Inclusion
- poverty reduction
90
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Scope of ESF
Human capital as driver for smart, sustainable and inclusive growth
18 Investment priorities
in 4 thematic objectives:
1. Promoting employment and
supporting labour mobility
ESF contribution to the other
thematic objectives notably:
1. Supporting an environmentally
sustainable economy (low
carbon…)
2. Promoting social inclusion and
combating poverty
2. Enhancing the accessibility, use
and quality of ICT
3. Investing in education, skills
and lifelong learning
3. Strengthening research and
innovation
4. Enhancing institutional and
administrative capacities
4. Enhancing the competitiveness
of SMEs
91
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Promoting employment and
supporting labour mobility
• Access to employment for job-seekers and inactive people; including
local employment initiatives and support for labour mobility;
• Sustainable integration of young people not in employment,
education or training into the labour market;
• Self-employment, entrepreneurship and business creation;
• Equality between men and women and reconciliation between work
and private life;
• Adaptation of workers, enterprises and entrepreneurs to change;
• Active and healthy ageing;
• Modernisation and strengthening of labour market institutions,
including actions to enhance transnational labour mobility.
92
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Investing in education, skills and lifelong learning
• Reducing early school-leaving and promoting equal
access to goodquality early-childhood, primary and
secondary education
• Improving the quality, efficiency and openness of
tertiary and equivalent education with a view to
increasing participation and attainment levels
• Enhancing access to lifelong learning, upgrading the
skills and competences of the workforce and increasing
the labour market relevance of education and training
systems
93
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Promoting social inclusion and
combating poverty
• Active inclusion
• Integration of marginalised communities such as the Roma;
• Combating discrimination based on sex, racial or ethnic
origin, religion or belief, disability, age or sexual orientation
• Enhancing access to affordable, sustainable and high-quality
services, including health care and social services of general
interest
• Promoting the social economy and social enterprises
• Community-led local development strategies
94
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Enhancing institutional capacity and
efficient public administration
• Investment in institutional capacity and in the efficiency of
public administrations and public services with a view to
reforms, better regulation and good governance
• Capacity building for stakeholders delivering employment,
education and social policies and sectoral and territorial
pacts to mobilise for reform at national, regional and local
level
95
European Union
Regional Policy – Employment, Social Affairs and Inclusion
ESF’s reinforced social dimension
•
Focusing on the most vulnerable: 20% of ESF allocations
for social inclusion and poverty reduction actions
•
Greater emphasis on fighting youth unemployment
•
Mainstreaming & specific support for gender equality &
non-discrimination
•
Possibility to involve social partners and NGOs through
global grants and through allocation of appropriate
amounts of resources for capacity building
96
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial instruments and ESF
•
Key for leveraging resources
•
Widening of ESF support through financial
instruments to job creation, mobility of workers and
students, social inclusion
Enhance access to capital markets through an ESF
policy based guarantee
•
97
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 12
European Territorial Cooperation
98
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Architecture
• Cross-border cooperation
– COM to adopt list of cross-border areas to receive support
by programme (at NUTS 3 level)
– List specifies border areas covered by IPA/ENI
– List includes regions in NO, CH etc. and countries
neighbouring outermost regions for information purposes
– Addition of adjacent NUTS 3 regions may be proposed when
submitting programmes
99
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Architecture
• Transnational cooperation
– COM to adopt list of transnational areas to receive
support by programme (at NUTS 2 level)
– Third country regions covered by ENI (incl. Russia) and IPA can
also be covered by programme, funding to be made available.
– Third country regions included in list for information
purposes
– Addition of adjacent NUTS 2 regions may be proposed when
submitting programmes
– Interregional cooperation – EU-27, whole or part of territory
of third countries may be covered
100
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Resources
• 3 categories
– 73%
for cross-border cooperation (EUR 8.6 bn)
– 21%
for transnational (EUR 2.4 bn)
– 6%
for interregional (EUR 0,7 bn)
• EUR 50 million to be set aside from interregional
allocation for outermost regions cooperation, ERDF
support for outermost regions’ cooperation not to be
less than 150% of 2007-2013 level)
• Population = criterion for breakdown by Member State
• 75% co-financing rate (50% for outermost regions’
allocation)
101
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Financial Resources
• ERDF transfer to ENI and IPA
– Amount to be transferred to be established by
COM and MS
– If no programme submitted, funds to be allocated
to internal CBC programmes of Member State
concerned
– Programme to be discontinued if none of the
partners countries have signed the financing
agreement by deadline established in ENI
regulation
102
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Thematic Concentration
• 4 thematic objectives for cbc and transnational
• Interregional can cover all thematic objectives
• Definition of investment priorities in ERDF regulation
apply
• Additional element in ETC regulation: ESF-type
actions, legal and administrative cooperation and
cooperation between citizens and institutions, macroregional strategies
103
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Monitoring, Evaluation and TA
• First annual report to be submitted in 2016
• Lighter annual reports, regular electronic exchange of
data
• More strategic reports in 2017 and 2019
• Annual review can also be carried out in writing
• Common output indicators, programme specific output
and result indicators
• Programme TA: Maximum of 6% of ERDF allocation, but
not less than 1,5 mio. EUR
104
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Implementing arrangements
• Eligibility rules established at EU level complemented by
rules established by the Monitoring Committee (national
rules as a last resort)
• Merger between the managing authority and the certifying
authority; controls and audits should be carried out for the
programme area as a whole
• N+3
105
European Union
Regional Policy – Employment, Social Affairs and Inclusion
EGTC regulation
• Amendment of the present regulation
• Broadening of the EGTC and its use, including:
– the possibility to involve national authorities
– inclusion of members from third countries
and overseas territories
– possibility to set up EGTC between 1 MS
and 1 non-MS
• New deadline for state approval of EGTC – 6
months
106
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Block 13
Comitology, definitions etc.
Articles 1,2 and 80 of CPR
Articles 141-147 of CPR
Articles 12-17 of the ERDF regulation
Articles 12-17 of the ERDF regulation
Articles 5-8 of the CF regulation
Articles 29-33 of the ETC regulation
107
European Union
Regional Policy – Employment, Social Affairs and Inclusion
Comitology
• Application of the Lisbon treaty
– Delegated acts
– Implementing acts without the involvement of
committees
– Implementing acts subject to a committee
procedure
108