EUROPEAN COMMISSION

Brussels, 17.7.2015

COM(2015) 365 final

2015/0160(COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) No 1303/2013 of the European Parliament and of the Council 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 as regards specific measures for Greece

EXPLANATORY MEMORANDUM

1.CONTEXT OF THE PROPOSAL

The financial crisis had led to persistently negative growth rates in Greece and to serious liquidity problems and a lack of public funds available for much needed investments to boost growth and job creation. Therefore, as an exceptional measure and given the unique situation this has created in Greece, the Commission in its Communication "A new start for Jobs and Growth in Greece" proposes three elements to ensure that the available EU funding from the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund (CF) and the European Maritime and Fisheries Fund (EMFF), is effectively used for investments on the ground and reaches beneficiaries as rapidly as possible. In this context, the Commission proposes to increase the level of initial pre-financing of the funding available for the 2014-2020 period for cohesion policy programmes under the Investment for Growth and Jobs Goal and programmes supported by the EMFF to give an immediate boost to investment. In addition, in order to improve the effective use of available cohesion policy funding for the financing of operations under programmes adopted for the 2007-2013 period, it proposes to increase the maximum co-financing rates and to raise the ceiling for payments to programmes at the end of the programming period.

2.LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY

It is proposed to introduce an additional paragraph in Article 134 of Regulation (EU) No 1303/2013 to provide for additional initial pre-financing for 2014-2020 cohesion policy operational programmes under the Investment for Growth and Jobs Goal and for programmes financed from the EMFF in Greece. It is also proposed to add three additional paragraphs in Article 152 of Regulation (EU) No 1303/2013 to allow for the ceiling for the cumulative total of pre-financing and interim payments to be 100% and to increase the co-financing rate for 2007-2013 operational programmes for the Convergence and the Regional competitiveness and employment objectives in Greece to 100%.

3.RESULTS OF EX-POST EVALUATIONS, STAKEHOLDER CONSULTATIONS AND IMPACT ASSESSMENTS

4.BUDGETARY IMPLICATIONS

The proposed modification does not imply any changes in the Multiannual Financial Framework annual ceilings for commitments and payments as per Annex I of Regulation (EU) No 1311/2013. The proposal consists of frontloading payment appropriations and is budgetary neutral over the 2014-2020 period.

The annual breakdown of commitment appropriations for the European Regional Development Fund, the European Social Fund and the Cohesion Fund remain unchanged.

The additional payment appropriations necessary to cover the immediate consequence of an increase of 2007-2013 co-financing rates and removal of the ceiling for payments are EUR 500 million in 2015 and EUR 500 million for the additional initial pre-financing in 2015.

These additional payment appropriations can potentially be covered by payment appropriations foreseen for interim payments for the 2014-2020 programmes depending on the progress of submission of interim payment applications in 2015. The submission of payment applications could be affected by the delayed designation of programme authorities by Member States, which is a condition for submitting interim payment applications. The Commission will monitor the situation and make appropriate proposals if needed.

The additional pre-financing of EUR 500 million for 2016 was however not foreseen in the draft budget 2016. Nor was the impact in 2016 of the increase in the maximum co-financing rates and in the ceiling for payments for 2007-2013 programmes. The Commission is therefore likely to propose to cover the additional payment needs through an amending letter to the 2016 draft budget taking into account revised Member States forecasts, the on-going adoption of programmes and state of play of designation of programme authorities.

The estimated impact on 2017 will be included in the next budgetary procedure.

5.OTHER ELEMENTS

2015/0160 (COD)

Proposal for a

REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

amending Regulation (EU) No 1303/2013 of the European Parliament and of the Council 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 as regards specific measures for Greece

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on the Functioning of the European Union, and in particular Article 177 thereof,

Having regard to the proposal from the European Commission,

After transmission of the draft legislative act to the national parliaments,

Having regard to the opinion of the European Economic and Social Committee 1 ,

Having regard to the opinion of the Committee of the Regions 2 ,

Acting in accordance with the ordinary legislative procedure,

Whereas:

(1)Greece has been affected by the consequences of the financial crisis in a unique manner. The crisis has led to persistently negative GDP growth rates in Greece over a number of years, which, in turn, has caused serious liquidity shortages and a lack of public funds available for the public investment needed to foster a sustainable recovery. This has created an exceptional situation which needs to be addressed with specific measures.

(2)It is vital that the lack of liquidity and of public funds in Greece do not hinder investment under programmes supported by the European Regional Development Fund, the European Social Fund and the Cohesion Fund (the 'Funds') and by the European Maritime and Fisheries Fund (the 'EMFF').

(3)In order to ensure that Greece has sufficient financial means to start the implementation of 2014-2020 programmes supported by the Funds and the EMFF in 2015 and 2016, it is appropriate to increase the level of the initial pre-financing paid to its operational programmes under the Investment for Growth and Jobs Goal and to programmes supported by the EMFF through the payment of an additional initial pre-financing amount in those years.

(4)To ensure that the additional initial pre-financing amount is effectively used and reaches beneficiaries of the Funds and the EMFF as soon as possible so that they can make planned investments and be promptly reimbursed following the submission of their payment applications, the additional pre-financing amount should be repaid to the Commission if it is not followed by an adequate level of payment applications submitted to the Commission within a certain deadline.

(5)In order to improve the effective use of available funding for the financing of operations under operational programmes for the Convergence and Regional competitiveness and employment objectives supported by the Funds adopted for the 2007-2013 period in Greece, the maximum co-financing rates should be increased and the ceiling for payments to programmes at the end of the programming period raised. To ensure that the resources thus made available are effectively used for the financing of investments on the ground, a reporting mechanism should be provided for.

(6)Given the urgency of the support needed, this Regulation should enter into force immediately.

(7)Regulation (EU) No 1303/2013 should therefore be amended,

HAVE ADOPTED THIS REGULATION:

Article 1

Regulation (EU) No 1303/2013 is amended as follows:

(1)    in Article 134, the following paragraph 1a is inserted:

"1a.    In addition to the instalments provided for in points (b) and (c) of paragraph 1, an additional initial pre-financing amount of 3,5% of the amount of support from the Funds and the EMFF for the entire programming period shall be paid to operational programmes in Greece each year in 2015 and 2016.

The additional initial pre-financing shall not apply to programmes under the European territorial cooperation goal nor to the specific allocation for the Youth Employment Initiative.

If, by 31 December 2016, the total additional initial pre-financing amount paid on the basis of this paragraph in 2015 and 2016 to the operational programme by Fund, where applicable, is not covered by payment applications submitted by the certifying authority for that programme, Greece shall repay to the Commission the total amount of the additional initial pre-financing for that Fund paid to that programme. Those repayments shall not constitute a financial correction and shall not reduce support from the Funds or the EMFF to the operational programme. The amounts repaid shall constitute internal assigned revenue in accordance with point (c) of Article 21(3) of the Financial Regulation."

(2)    in Article 152, the following paragraphs 4, 5 and 6 are added:

"4.    By way of derogation from Article 79(1) of Regulation (EC) No 1083/2006, the ceiling for the cumulative total of pre-financing and interim payments made shall be 100% of the contribution from the Funds to operational programmes for the Convergence and Regional competitiveness and employment objectives in Greece.

5.    By way of derogation from Articles 53(2) and Article 77(1) of Regulation (EC) No 1083/2006 and notwithstanding the Commission decisions fixing the maximum rate and the maximum amount of the contribution from the Funds for each Greek operational programme and for each priority axis, interim payments and payments of the final balance shall be calculated by applying a maximum co-financing rate of 100% to the eligible expenditure indicated for Greek operational programmes for the Convergence and Regional competitiveness and employment objectives under each priority axis in each statement of expenditure certified by the certifying authority. Article 77(2) of Regulation (EC) No 1083/2006 shall not apply to operational programmes in Greece.

6.    Greece shall establish a mechanism to ensure that additional amounts made available as a result of the measures set out in paragraphs 4 and 5 are used solely for payments to beneficiaries and operations for its operational progammes.

Greece shall submit a report to the Commission on the implementation of paragraphs 4 and 5 by the end of 2016 and shall further report in the final implementation report to be submitted pursuant to Article 89(1a) of Regulation (EC) No 1083/2006."

Article 2

This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels,

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure

1.3.Nature of the proposal/initiative

1.4.Objective(s)

1.5.Grounds for the proposal/initiative

1.6.Duration and financial impact

1.7.Management mode(s) planned

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

2.2.Management and control system

2.3.Measures to prevent fraud and irregularities

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

3.2.Estimated impact on expenditure 

3.2.1.Summary of estimated impact on expenditure

3.2.2.Estimated impact on operational appropriations

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.4.Compatibility with the current multiannual financial framework

3.2.5.Third-party contributions

3.3.Estimated impact on revenue

LEGISLATIVE FINANCIAL STATEMENT

1.FRAMEWORK OF THE PROPOSAL/INITIATIVE

1.1.Title of the proposal/initiative

1.2.Policy area(s) concerned in the ABM/ABB structure 3  

1.3.Nature of the proposal/initiative

◻ The proposal/initiative relates to a new action 

◻ The proposal/initiative relates to a new action following a pilot project/preparatory action 4  

⌧ The proposal/initiative relates to the extension of an existing action 

◻ The proposal/initiative relates to an action redirected towards a new action 

1.4.Objective(s)

1.4.1.The Commission's multiannual strategic objective(s) targeted by the proposal/initiative

1.4.2.Specific objective(s) and ABM/ABB activity(ies) concerned

1.4.3.Expected result(s) and impact

Specify the effects which the proposal/initiative should have on the beneficiaries/groups targeted.

1.4.4.Indicators of results and impact

Specify the indicators for monitoring implementation of the proposal/initiative.

1.5.Grounds for the proposal/initiative

1.5.1.Requirement(s) to be met in the short or long term

1.5.2.Added value of EU involvement

1.5.3.Lessons learned from similar experiences in the past

1.5.4.Compatibility and possible synergy with other appropriate instruments

1.6.Duration and financial impact

◻ Proposal/initiative of limited duration

–⌧    Proposal/initiative in effect from 01/01/2015 to 31/12/2023

–⌧    Financial impact in 2015 - 2020

◻ Proposal/initiative of unlimited duration

–Implementation with a start-up period from YYYY to YYYY,

–followed by full-scale operation.

1.7.Management mode(s) planned 5  

◻ Direct management by the Commission

–◻ by its departments, including by its staff in the Union delegations;

–◻    by the executive agencies

⌧ Shared management with the Member States

◻ Indirect management by entrusting budget implementation tasks to:

–◻ third countries or the bodies they have designated;

–◻ international organisations and their agencies (to be specified);

–◻the EIB and the European Investment Fund;

–◻ bodies referred to in Articles 208 and 209 of the Financial Regulation;

–◻ public law bodies;

–◻ bodies governed by private law with a public service mission to the extent that they provide adequate financial guarantees;

–◻ bodies governed by the private law of a Member State that are entrusted with the implementation of a public-private partnership and that provide adequate financial guarantees;

–◻ persons entrusted with the implementation of specific actions in the CFSP pursuant to Title V of the TEU, and identified in the relevant basic act.

–If more than one management mode is indicated, please provide details in the ‘Comments’ section.

Comments

2.MANAGEMENT MEASURES

2.1.Monitoring and reporting rules

Specify frequency and conditions.

2.2.Management and control system

2.2.1.Risk(s) identified

2.2.2.Information concerning the internal control system set up

2.2.3.Estimate of the costs and benefits of the controls and assessment of the expected level of risk of error

2.3.Measures to prevent fraud and irregularities

Specify existing or envisaged prevention and protection measures.

3.ESTIMATED FINANCIAL IMPACT OF THE PROPOSAL/INITIATIVE

3.1.Heading(s) of the multiannual financial framework and expenditure budget line(s) affected

Existing budget lines

In order of multiannual financial framework headings and budget lines.

New budget lines requested

In order of multiannual financial framework headings and budget lines.

3.2.Estimated impact on expenditure

The proposed modification does not imply any changes in the Multiannual Financial Framework annual ceilings for commitments and payments as per Annex I of the Regulation (EU) 1311/2013.

The annual breakdown of commitment appropriations for YEI remains unchanged.

The increased need for payment appropriations for the YEI initial pre-financing in 2015 will be covered by TITLE 4 (Employment, Social Affairs and Inclusion) appropriations of the 2015 budget for the ESF and YEI.

3.2.1.Summary of estimated impact on expenditure

EUR million (to three decimal places)

If more than one heading is affected by the proposal / initiative:

EUR million (to three decimal places)

EUR million (to three decimal places)

3.2.2.Estimated impact on operational appropriations

–◻    The proposal/initiative does not require the use of operational appropriations

–⌧    The proposal/initiative requires the use of operational appropriations, as explained below:

Commitment appropriations in EUR million (to three decimal places)

3.2.3.Estimated impact on appropriations of an administrative nature

3.2.3.1.Summary

–⌧    The proposal/initiative does not require the use of appropriations of an administrative nature

–◻    The proposal/initiative requires the use of appropriations of an administrative nature, as explained below:

EUR million (to three decimal places)

The appropriations required for human resources and other expenditure of an administrative nature will be met by appropriations from the DG that are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

3.2.3.2.Estimated requirements of human resources

–⌧    The proposal/initiative does not require the use of human resources.

–◻    The proposal/initiative requires the use of human resources, as explained below:

Estimate to be expressed in full time equivalent units

XX is the policy area or budget title concerned.

The human resources required will be met by staff from the DG who are already assigned to management of the action and/or have been redeployed within the DG, together if necessary with any additional allocation which may be granted to the managing DG under the annual allocation procedure and in the light of budgetary constraints.

Description of tasks to be carried out:

3.2.4.Compatibility with the current multiannual financial framework

–⌧    The proposal/initiative is compatible the current multiannual financial framework.

–◻    The proposal/initiative will entail reprogramming of the relevant heading in the multiannual financial framework.

–◻    The proposal/initiative requires application of the flexibility instrument or revision of the multiannual financial framework.

3.2.5.Third-party contributions

–The proposal/initiative does not provide for co-financing by third parties.

–The proposal/initiative provides for the co-financing estimated below:

Appropriations in EUR million (to three decimal places)

3.3.Estimated impact on revenue

–⌧    The proposal/initiative has no financial impact on revenue.

–◻    The proposal/initiative has the following financial impact:

–◻    on own resources

–◻    on miscellaneous revenue

EUR million (to three decimal places)

For miscellaneous ‘assigned’ revenue, specify the budget expenditure line(s) affected.

Specify the method for calculating the impact on revenue.

(1) OJ C , , p. .

(2) OJ C , , p. .

(3) ABM: activity-based management; ABB: activity-based budgeting.

(4) As referred to in Article 54(2)(a) or (b) of the Financial Regulation.

(5) Details of management modes and references to the Financial Regulation may be found on the BudgWeb site: http://www.cc.cec/budg/man/budgmanag/budgmanag_en.html

(6) Diff. = Differentiated appropriations / Non-diff. = Non-differentiated appropriations.

(7) EFTA: European Free Trade Association.

(8) Candidate countries and, where applicable, potential candidate countries from the Western Balkans.

(9) In line with Article 136 of Regulation (EU) No 1303/2013 the pre-financing shall be justified (cleared) with YEI expenditure declared by 31/12/2018.

(10) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(11) In line with Article 136 of Regulation (EU) No 1303/2013 the pre-financing shall be justified (cleared) with YEI expenditure declared by 31/12/2018.

(12) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(13) Year N is the year in which implementation of the proposal/initiative starts.

(14) Outputs are products and services to be supplied (e.g.: number of student exchanges financed, number of km of roads built, etc.).

(15) As described in point 1.4.2. ‘Specific objective(s)…’

(16) Year N is the year in which implementation of the proposal/initiative starts.

(17) Technical and/or administrative assistance and expenditure in support of the implementation of EU programmes and/or actions (former ‘BA’ lines), indirect research, direct research.

(18) AC= Contract Staff; AL = Local Staff; END= Seconded National Expert; INT = agency staff; JED= Junior Experts in Delegations.

(19) Sub-ceiling for external staff covered by operational appropriations (former ‘BA’ lines).

(20) As regards traditional own resources (customs duties, sugar levies), the amounts indicated must be net amounts, i.e. gross amounts after deduction of 25 % for collection costs.