1.   This Regulation lays down rules for the European territorial cooperation goal (Interreg) with a view to fostering cooperation between Member States and their regions inside the Union and between Member States , their regions and adjacent third countries, partner countries, other territories or overseas countries and territories (‘OCTs’) , or regional integration and cooperation organisations, or group of third countries forming part of a regional organisation, respectively. [Am. 35]

2.   This Regulation also lays down the provisions necessary to ensure effective programming including on technical assistance, monitoring, evaluation, communication, eligibility, management and control, as well as financial management of programmes under the European territorial cooperation goal (‘Interreg programmes’) supported by the European Regional Development Fund (‘ERDF’).

3.   With regard to support from the ‘Instrument for Pre-Accession Assistance’ (‘IPA III’), the ‘Neighbourhood, Development and International Cooperation Instrument’ (‘NDICI’) and the funding for all the OCTs for the period 2021 to 2027 established as a Programme by Council Decision (EU) XXX (‘OCTP’) to Interreg programmes (the three instruments together: ‘the external financing instruments of the Union’), this Regulation defines additional specific objectives as well as the integration of those funds into Interreg programmes, the criteria for third countries, partner countries and OCTs and their regions to be eligible and certain specific implementation rules.

4.   With regard to support from the ERDF and the external financing instruments of the Union (jointly referred to as ‘the Interreg funds’) to Interreg programmes, this Regulation defines the Interreg-specific objectives as well as the organisation, the criteria for Member States, third countries, partner countries and OCTs and their regions to be eligible, the financial resources, and the criteria for their allocation.

5.   Regulation (EU) [new CPR] and Regulation (EU) [new ERDF] shall apply to Interreg programmes, except where specifically provided for otherwise under those Regulations and this Regulation or where provisions of Regulation (EU) [new CPR] can only apply to the Investment for jobs and growth goal.

1.   For the purpose of this Regulation, the definitions in Article [2] of Regulation (EU) [new CPR] shall apply. The following definitions shall also apply:

2.   For the purpose of this Regulation, where provisions of Regulation (EU) [new CPR] refer to a ‘Member State’, this shall be construed as meaning ‘the Member State hosting the managing authority’ and where provisions refer to ‘Each Member State’ or ‘Member States’, this shall be construed as meaning ‘the Member States and, where applicable, third countries, partner countries and OCTs participating in a given Interreg programme’.

For the purpose of this Regulation, where provisions of Regulation (EU) [new CPR] refer to ‘the Funds’ as listed in [point (a) of Article 1(1)] of that Regulation or to the ‘ERDF’, this shall be construed as also covering the respective external financing instrument of the Union.

1.   For cross-border cooperation, the regions to be supported by the ERDF shall be the NUTS level 3 regions of the Union along all internal and external land or maritime borders with third countries or partner countries , without prejudice to potential adjustments to ensure the coherence and continuity of cooperation programme areas established for the 2014-2020 programming planning period . [Am. 49]

2.   Regions on maritime borders which are connected over the sea by a fixed link shall also be supported under cross-border cooperation. [Am. 50]

3.   Internal cross-border cooperation Interreg programmes may cover regions in Norway, Switzerland and the United Kingdom which are equivalent to NUTS level 3 regions as well as Liechtenstein, Andorra, and Monaco and San Marino . [Am. 51]

4.   For external cross-border cooperation, the regions to be supported by IPA III or NDICI shall be NUTS level 3 regions of the respective partner country or, in the absence of NUTS classification, equivalent areas along all land or maritime borders between Member States and partner countries eligible under IPA III or NDICI. [Am. 52]

1.   For transnational cooperation and maritime cooperation, the regions to be supported by the ERDF shall be the NUTS level 2 regions of the Union covering contiguous functional areas, without prejudice to potential adjustments to ensure the coherence and continuity of such cooperation in larger coherent areas based on the 2014-2020 programming planning period and taking into account, where applicable, macro-regional strategies or sea basin strategies. [Am. 54]

2.   Transnational cooperation and maritime cooperation Interreg programmes may cover: [Am. 55]

whether or not they are supported from the EU budget.

3.   The regions, third countries or partner countries , or OCTs listed in paragraph 2 shall be NUTS level 2 regions or, in the absence of NUTS classification, equivalent areas. [Am. 57]

1.   For the outermost regions' cooperation, all regions listed in the first paragraph of Article 349 of the TFEU shall be supported by the ERDF.

2.   The outermost regions' Interreg programmes may cover neighbouring partner countries supported by the NDICI or OCTs supported by the OCTP, regional cooperation organisations, or a combination of two or all three of these both. [Am. 58]

1.   For any component 4 Interreg programme or for interregional innovation investments under component 5, the entire territory of the Union shall be supported by the ERDF including the outermost regions . [Am. 60]

2.   Component 4 Interreg programmes may cover the whole or part of the third countries, partner countries, other territories or OCTs referred to in Articles 4, 5 and 6, whether or not they are supported by the external financing instruments of the Union. Third countries may participate in those programmes, provided that they make a funding contribution in the form of externally allocated revenue. [Am. 61]

1.   For the purposes of Articles 4, 5 and 6, the Commission shall adopt an implementing act setting out the list of Interreg programme areas to receive support, broken down for each component and each Interreg programme. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 63(2).

External cross-border Interreg programmes shall be listed as ‘Interreg IPA III CBC programmes’ or ‘Interreg Neighbourhood CBC programmes’ respectively.

2.   The implementing act referred to in paragraph 1 shall also contain a list specifying those NUTS level 3 regions of the Union taken into account for the ERDF allocation for cross-border cooperation at all internal borders and those external borders covered by the external financing instruments of the Union as well as a list specifying those NUTS level 3 regions taken into account for allocation purposes under component 2B referred to in point (a) of Article 9(3). [Am. 62]

3.   Regions of third or partner countries or territories outside the Union which do not receive supported support from the ERDF or an external financing instrument of the Union shall also be mentioned in the list referred to in paragraph 1. [Am. 63]

1.   The ERDF resources for the European territorial cooperation goal (Interreg) shall amount to EUR 8 430 000 000 of 11 165 910 000 (2018 prices) of out the global resources available for budgetary commitment from the ERDF, ESF+ and the Cohesion Fund for the 2021 the 2021 -2027 programming period and set out in Article [102(1) 103(1) ] of Regulation (EU) [new CPR]. [Am. 64]

2.    EUR 10 195 910 000 (91,31 %) of the resources referred to in paragraph 1 shall be allocated as follows: [Am. 65]

3.   The Commission shall communicate to each Member State its share of the global amounts for components 1, 2 and 3, broken down by year.

Population size in the following regions shall be used as the criterion for the breakdown by Member State:

4.   Each Member State may transfer up to 15 % of its financial allocation for each of components 1, 2 and 3 from one of those components to one or more of the others.

5.   Based on the amounts communicated pursuant to paragraph 3, each Member State shall inform the Commission whether and how it has used the transfer option provided for in paragraph 4 and the resulting distribution of its share among the Interreg programmes in which the Member State participates.

5a.     EUR 970 000 000 (8,69 %) of the resources referred to in paragraph 1 shall be allocated to the new initiative on interregional innovation investments as referred to in Article 15 a (new).

If by 31 December 2026, the Commission has not committed all of the available resources referred to in paragraph 1 on projects selected under that initiative, the remaining uncommitted balances shall be re-allocated prorata among components 1 to 4. [Am. 74]

1.   The Commission shall adopt an implementing act setting out the multi-annual strategy document with regard to external cross-border Interreg programmes supported by the ERDF and the NDICI or IPA III. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 63(2).

With regard to Interreg programmes supported by the ERDF and the NDICI, that implementing act shall set out the elements referred to in Article 12(2) of Regulation (EU) [NDICI].

2.   The contribution from the ERDF to external cross-border Interreg programmes to be also supported from the financial envelope under IPA III allocated to cross-border cooperation (‘IPA III CBC’) or from the financial envelope under NDICI allocated to cross-border cooperation for the Neighbourhood geographic area (‘NDICI CBC’) shall be established by the Commission and the Member States concerned. The ERDF contribution established for each Member State shall not subsequently be reallocated between the Member States concerned.

3.   Support from the ERDF shall be granted to individual external cross-border Interreg programmes provided that at least equivalent amounts are provided by IPA III CBC and NDICI CBC under the relevant strategic programming document. That equivalence contribution shall be subject to a maximum amount set out in the IPA III or NDICI legislative act. [Am. 75]

However, where the review of the relevant strategic programming document under IPA III or NDICI results in the reduction of the matching amount for the remaining years, each Member State concerned shall choose from the following options:

4.   The annual appropriations corresponding to the support from the ERDF, IPA III CBC or NDICI CBC to external cross-border Interreg programmes shall be entered in the relevant budget lines for the 2021 budgetary exercise.

5.   Where the Commission has included a specific financial allocation to assist partner countries or regions under Regulation (EU) [NDICI] and OCTs under Council Decision [OCT Decision] or both in strengthening their cooperation with neighbouring Union outermost regions in accordance with Article [33(2)] of Regulation (EU) [NDICI] or Article[87] of the [OCTP Decision] or both, the ERDF may also contribute in accordance with this Regulation, where appropriate and on the basis of reciprocity and proportionality as regards the level of funding from the NDICI or the OCTP or both, to actions implemented by a partner country or region or any other entity under Regulation (EU) [NDICI], by a country, territory or any other entity under the [OCT Decision] or by a Union outermost region under, in particular, one or more joint component 2, 3 or 4 Interreg programmes or under cooperation measures referred to in Article 60 established and implemented pursuant to this Regulation.

1.   On the basis of the information provided by Member States pursuant to Article 9(5), the Commission shall, adopt an implementing act setting out a list of all Interreg programmes and indicating per programme the global amount of the total support from the ERDF and, where applicable, the total support from external financing instruments of the Union. That implementing act shall be adopted in accordance with the advisory procedure referred to in Article 63(2).

2.   That implementing act shall also contain a list of the amounts transferred pursuant to Article 9(5) broken down by Member State and by external financing instrument of the Union.

1.   In 2022 and 2023, the annual contribution from the ERDF to external cross-border Interreg programmes, for which no programme has been submitted to the Commission by 31 March of the respective years, and which has not been re-allocated to another programme submitted under the same category of external cross-border Interreg programmes, shall be allocated to the internal cross-border Interreg programmes in which the Member State or Member States concerned participates or participate.

2.   If by 31 March 2024, there are still external cross-border Interreg programmes which have not been submitted to the Commission, the entire contribution from the ERDF referred to in Article 9(5) to those programmes for the remaining years up to 2027, which has not been re-allocated to another external cross-border Interreg programme also supported by IPA III CBC or NDICI CBC respectively, shall be allocated to the internal cross-border Interreg programmes in which the Member State or Member States concerned participates or participate.

3.   Any external cross-border Interreg programme already approved by the Commission shall be discontinued, or the allocation to that programme shall be reduced, in accordance with the applicable rules and procedures, in particular if:

In such cases, the contribution from the ERDF referred to in paragraph 1 corresponding to annual instalments not yet committed, or annual instalments committed and de-committed totally or partially during the same budgetary year, which have not been re-allocated to another external cross-border Interreg programme also supported by IPA III CBC or NDICI CBC respectively, shall be allocated to the internal cross-border Interreg programmes in which the Member State or Member States concerned participates or participate.

4.   With regard to a component 2 Interreg programme already approved by the Commission, the participation of a partner country or of Greenland an OCT shall be discontinued, if one of the situations set out in points (a) and (b) of the first subparagraph of paragraph 3 is fulfilled. [Am. 77]

The participating Member States and, where applicable, the remaining participating partner countries, shall request one of the following:

Where the allocation to the Interreg programme is reduced pursuant to point (b) of the second subparagraph of this paragraph, the contribution from the ERDF corresponding to annual instalments not yet committed, shall be allocated to another component 2 Interreg programme in which one or more of the Member States concerned participate or, where a Member State only participates in one component 2 Interreg programme, to one or more internal cross-border Interreg programmes in which that Member State participates.

5.   The contribution from IPA III, NDICI or OCTP reduced pursuant to this Article shall be used in accordance with Regulations (EU) [IPA III], [NDICI] or Council Decision [OCT] respectively.

6.   Where a third country, or partner country or OCTs contributing to an Interreg programme with national resources, which do not constitute the national cofinancing of support from the ERDF or from an external financing instrument of the Union, reduces that contribution during the implementation of the Interreg programme, either globally or with regard to joint operations already selected and having received the document provided for in Article 22(6), the participating Member State or Member States shall request one of the options set out in the second subparagraph of paragraph 4 of this Article . [Am. 80]

1.   The ERDF, within its scope as set out in Article [4] of Regulation (EU) [new ERDF], and, where applicable, the external financing instruments of the Union shall contribute to the policy objectives set out in Article [4(1)] of Regulation (EU) [new CPR] through joint actions under Interreg programmes.

2.   In the case of the PEACE PLUS programme, where it is acting in support of peace and reconciliation, the ERDF, as a specific objective under policy objective 4, shall also contribute to promoting social, economic and regional stability in the regions concerned, in particular through actions to promote cohesion between communities. A separate priority shall support that specific objective.

3.   In addition to the specific objectives for the ERDF as set out in Article [2] of Regulation (EU) [new ERDF], the ERDF and, where applicable, the external financing instruments of the Union may shall also contribute to the specific objectives under PO 4 as follows: [Am. 82]

4.   Under components 1, 2, and 3, the ERDF and, where applicable, the external financing instruments of the Union may also support the Interreg-specific objective ‘a better Interreg governance’, in particular by the following actions:

5.   Under external cross-border and component 1, 2 and 3 Interreg programmes the ERDF and, where applicable, the external financing instruments of the Union shall may also contribute to the external Interreg-specific objective ‘a safer and more secure Europe’, in particular by actions in the fields of border crossing management and mobility and migration management, including the protection , economic and social integration of migrants and refugees under international protection . [Am. 85]

1.   At least 60 % of the ERDF and, where applicable, of the external financing instruments of the Union allocated under priorities other than for technical assistance to each Interreg programme under components 1, 2 and 3, shall be allocated on a maximum of three of the policy objectives set out in Article [4(1)] of Regulation (EU) [new CPR].

2.   An additional 15 % of the ERDF and, where applicable, of the external financing instruments of the Union allocations under priorities other than for technical assistance to each Interreg programme under components 1, 2 and 3, up to15 % shall be allocated on the Interreg-specific objective of ‘a better Interreg governance’or and up to 10 % may be allocated on the external Interreg-specific objective of ‘a safer and more secure Europe’. [Am. 86]

3.   Where a component 2A 1 or 2 Interreg programme supports a macro-regional strategy, or a sea-basin strategy , at least 80 % the total ERDF and, where applicable, part of the total external financing instruments of the Union allocations under priorities other than for technical assistance shall be programmed on contribute to the objectives of that strategy. [Am. 87]

4.   Where a component 2B Interreg programme supports a macro-regional strategy or sea-basin strategy, at least 70 % of the total ERDF and, where applicable, of the external financing instruments of the Union allocations under priorities other than for technical assistance shall be allocated on the objectives of that strategy. [Am. 88]

5.   For component 4 Interreg programmes, the total ERDF and, where applicable, of the external financing instruments of the Union allocations under priorities other than for technical assistance shall be allocated on the Interreg-specific objective ‘a better Interreg governance’.

1.     The resources referred to in Article 9 (5 a) (new) shall be allocated to a new initiative on interregional innovation investments that is earmarked for:

2.     To maintain the European territorial cohesion principle, with an approximate equal share of financial resources, those investments shall focus on creating linkages between less developed regions with those in lead regions by increasing the capacity of regional innovation eco-systems in less developed regions to integrate in and move up the existing or emerging EU value as well as the capacity to participate in partnerships with other regions.

3.     The Commission shall implement those investments under direct or indirect management. It shall be supported by an expert group in defining a long-term work programme and related calls.

4.     The entire territory of the Union shall be supported by the ERDF for interregional innovation investments. Third countries may participate in those investments, provided that they make a funding contribution in the form of externally allocated revenue. [Am. 89]

1.   The European territorial cooperation goal (Interreg) shall be implemented through Interreg programmes under shared management with the exception of component 3, which may be implemented as a whole or partially under indirect management, and of component 5 which shall be implemented under direct or indirect management after consulting stakeholders . [Am. 90]

2.   The participating Member States and, where applicable, third countries, partner countries, or OCTs, or regional integration and cooperation organisations shall prepare an Interreg programme in accordance with the template set out in the Annex for the period from 1 January 2021 to 31 December 2027. [Am. 91]

3.   The participating Member States shall prepare an Interreg programme in cooperation with the programme partners referred to in Article [6] of Regulation (EU) [the new CPR]. In the preparation of the Interreg programmes, covering macro-regional or sea basin strategies, the Member States and the programme partners should take into account the thematic priorities of the relevant macro-regional and sea basins strategies and consult the relevant actors. An ex ante mechanism shall be set up by the Member States and the programme partners to ensure that all actors at macro-region and sea basin level, ETC programme authorities, regions and countries are brought together at the start of the programming period to decide jointly on the priorities for each programme. Those priorities shall be aligned with macro-regional or sea basin strategies’ Action Plans wherever relevant. [Am. 92]

The participating third countries or partner countries or OCTs, where applicable, shall also involve the programme partners equivalent to those referred to in that Article.

4.   The Member State hosting the prospective managing authority, shall submit an one or more Interreg programme programmes to the Commission by [date of entry into force plus nine months twelve months ;] on behalf of all participating Member States and, where applicable, third countries, partner countries or OCTs , OCTs, or regional integration and cooperation organisations . [Am. 93]

However, an Interreg programme covering support from an external financing instrument of the Union shall be submitted by the Member State hosting the prospective managing authority no later than six twelve months after the adoption by the Commission of the relevant strategic programming document under Article 10(1) or where required under the respective basic act of one or more of an external financing instrument of the Union. [Am. 94]

5.   The participating Member States and, where applicable, third countries, partner countries or OCTs shall confirm in writing their agreement to the contents of an Interreg programme prior to its submission to the Commission. That agreement shall also include a commitment by all participating Member States and, where applicable, third countries, partner countries or OCTs to provide the co-financing necessary to implement the Interreg programme and, where applicable, the commitment for the financial contribution of the third countries, partner countries or OCTs.

By way of derogation from the first subparagraph, in the case of Interreg programmes involving outermost regions and third countries, partner countries or OCTs, the Member States concerned shall consult the respective third countries, partner countries or OCTs before submitting the Interreg programmes to the Commission. In that case, the agreements to the contents of the Interreg programmes and the possible contribution of the third countries, partner countries or OCTs may, instead, be expressed in the formally approved minutes of the consultation meetings with the third countries, partner countries or OCTs or of the deliberations of the regional cooperation organisations.

6.   The Commission is empowered to adopt delegated acts in accordance with Article 62 to amend the Annex in order to adapt to changes occurring during the programming period for non-essential elements thereof.

1.   Each Interreg programme shall set out a joint strategy for the programme's contribution to the policy objectives set out in Article [4(1)] of Regulation (EU) [new CPR] and to the Interreg-specific objectives set out in Article 14(4) and (5) of this Regulation and the communication of its results.

2.   Each Interreg programme shall consist of priorities.

Each priority shall correspond to a single policy objective or, where applicable, to one or both Interreg-specific objectives respectively or to technical assistance. A priority corresponding to a policy objective or, where applicable, to one or both Interreg-specific objectives respectively shall consist of one or more specific objectives. More than one priority may correspond to the same policy or Interreg-specific objective.

3.   In duly justified cases and in agreement with the Commission, in order to increase the efficiency of programme implementation and to achieve larger-scale operations, the Member State concerned may decide to transfer to Interreg programmes up to [x] 20  % of the amount of the ERDF allocated to the corresponding programme under the Investment for jobs and growth goal for the same region. Each Member State shall inform the Commission in advance that it intends to make use of the transfer option, and shall give the Commission reasons for its decision. The amount transferred shall constitute a separate priority or separate priorities. [Am. 95]

4.   Each Interreg programme shall set out:

5.   The information referred to in paragraph 4 shall be given as follows:

6.   With regard to point (e)(vi) and (f) of paragraph 4, the types of intervention shall be based on a nomenclature set out in Annex [I] to Regulation (EU) [new CPR].

7.   The Interreg programme shall:

8.   The managing authority shall communicate to the Commission any changes in the information referred to in point (a) of paragraph 7 without requiring a programme amendment.

9.   By way of derogation from paragraph 4, the content of component 4 Interreg programmes shall be adapted to the specific character of those Interreg programmes, in particular as follows:

1.   The Commission shall assess with full transparency each Interreg programme and its compliance with Regulation (EU) [new CPR], Regulation (EU) [new ERDF] and this Regulation and, in the case of support from an external financing instrument of the Union and where relevant, its consistency with the multi-annual strategy document under Article 10(1) of this Regulation or the relevant strategic programming framework under the respective basic act of one or more of those instruments. [Am. 106]

2.   The Commission may make observations within three months of the date of submission of the Interreg programme by the Member State hosting the prospective managing authority.

3.   The participating Member States and, where applicable, third or partner countries or OCTs , OCTs, or regional integration and cooperation organisations shall review the Interreg programme taking into account the observations made by the Commission. [Am. 107]

4.   The Commission shall adopt a decision by means of an implementing act approving each Interreg programme no later than six three months after the date of submission of the revised version of that programme by the Member State hosting the prospective managing authority. [Am. 108]

5.   With regard to external cross-border Interreg programmes, the Commission shall adopt its decisions in accordance with paragraph 4 after consultation of the ‘IPA III Committee’ in accordance with Article [16] of Regulation (EU) [IPA III] and of the ‘Neighbourhood, Development and International Cooperation Committee’ in accordance with Article [36] of Regulation (EU) [NDICI].

1.    Following consultation with the local and regional authorities and in compliance with Article 6 of Regulation (EU)…/… [new CPR], the Member State hosting the managing authority may submit a motivated request for an amendment of an Interreg programme together with the amended programme, setting out the expected impact of that amendment on the achievement of the objectives. [Am. 109]

2.   The Commission shall assess the compliance of the amendment with Regulation (EU) [new CPR], Regulation (EU) [new ERDF] and this Regulation and may make observations within three months one month of the submission of the amended programme. [Am. 110]

3.   The participating Member States and, where applicable, third countries, partner countries or OCTs , OCTs, or regional integration and cooperation organisations shall review the amended programme and take into account the observations made by the Commission. [Am. 111]

4.   The Commission shall approve the amendment of a Interreg programme no later than six three months after its submission by the Member State. [Am. 112]

5.    Following consultation with the local and regional authorities and in compliance with Article 6 of Regulation (EU)…/… [new CPR], the Member State may transfer during the programming period an amount of up to 5 % 10 % of the initial allocation of a priority a priority and no more than 3 % 5 % of the programme budget to another priority of the same Interreg programme. [Am. 113]

Such transfers shall not affect previous years.

They shall be considered to be not substantial and shall not require a decision of the Commission amending the Interreg programme. They shall, however comply with all regulatory requirements. The managing authority shall submit to the Commission the revised table referred to in point (g)(ii) of Article 17(4).

6.   The approval of the Commission shall not be required for corrections of a purely clerical or editorial nature that do not affect the implementation of the Interreg programme. The managing authority shall inform the Commission of such corrections.

1.   Interreg operations shall be selected in accordance with the programme's strategy and objectives by a monitoring committee set up in accordance with Article 27.

That monitoring committee may set up one or, in particular in the case of sub-programmes, more steering committees which act under its responsibility for the selection of operations. Steering committees shall apply the partnership principle as set out in Article 6 of Regulation (EU)…/… [new CPR] and shall involve partners from all participating Member States. [Am. 114]

Where all or part of an operation is implemented outside the programme area [inside or outside the Union], the selection of that operation shall require the explicit approval by the managing authority in the monitoring committee or, where applicable, the steering committee.

2.   For the selection of operations, the monitoring committee or, where applicable, the steering committee shall establish and apply criteria and procedures which are non-discriminatory and transparent, ensure gender equality and take account of the Charter of Fundamental Rights of the European Union and the principle of sustainable development and of the Union policy on the environment in accordance with Article 11 and Article 191(1) of the TFEU.

The criteria and procedures shall ensure the prioritisation of operations to be selected with a view to maximise the contribution of Union funding to the achievement of the objectives of the Interreg programme and to implementing the cooperation dimension of operations under Interreg programmes, as set out in Article 23(1) and (4).

3.   The managing authority shall consult notify the Commission and take its comments into account prior to the initial submission of the selection criteria to the monitoring committee or, where applicable, the steering committee. The same shall apply for any subsequent changes to those criteria. [Am. 115]

4.   In selecting operations, Before the monitoring committee or, where applicable, the steering committee selects operations, the managing authority shall: [Am. 116]

5.   The monitoring committee or, where applicable, the steering committee shall approve the methodology and criteria used for the selection of Interreg operations, including any changes thereto, without prejudice to [point (b) of Article 27(3)] of Regulation (EU) [new CPR] with regard to CLLD and to Article 24 of this Regulation.

6.   For each Interreg operation, the managing authority shall provide a document to the lead or sole partner setting out the conditions for support of that Interreg operation, including the specific requirements concerning the products or services to be delivered, its financing plan, time-limit for its execution and, where applicable, the method to be applied for determining the costs of the operation and the conditions for payment of the grant.

That document shall also set out the lead partner's obligations with regard to recoveries pursuant to Article 50. Those obligations Procedures related to recoveries shall be defined and agreed by the monitoring committee. However, a lead partner located in a different Member State, third country, partner country or OCT from the partner shall not be obliged to recover through a judicial procedure. [Am. 117]

1.   Operations selected under components 1, 2 and 3 shall involve actors from at least two participating countries or OCTs , at least one of which shall be a beneficiary from a Member State. [Am. 118]

Beneficiaries receiving support from an Interreg fund and partners which do not receive any financial support under those funds (beneficiaries and partners together: ‘partners’) constitute an Interreg operation partnership.

2.   An Interreg operation may be implemented in a single country or OCT , provided that the impact on and the benefits for the programme area are identified in the operation application. [Am. 119]

3.   Paragraph 1 shall not apply to operations under the PEACE PLUS programme in where the programme is acting in support of peace and reconciliation.

4.   Partners shall cooperate in the development, and implementation, staffing and financing of Interreg operations , as well as in the staffing and/or financing thereof . An effort shall be made to limit the number of partners for each Interreg operation to no more than ten . [Am. 120]

For Interreg operations under component 3 Interreg programmes, the partners from outermost regions and third countries, partner countries or OCTs shall be required to cooperate only in three two of the four dimensions listed in the first subparagraph. [Am. 121]

5.   Where there are two or more partners, one of them shall be designated by all the partners as the lead partner.

6.   A cross-border legal body or an EGTC may be the sole partner of an Interreg operation under component 1, 2 and 3 Interreg programmes, provided that the members thereof involve partners from at least two participating countries or OCTs . [Am. 122]

The cross-border legal body or EGTC shall have members from at least three participating countries under component 4 Interreg programmes.

A legal body that implements a financial instrument or a fund of funds, as applicable, may be the sole partner of an Interreg operation without the application of the requirements for its composition set out in paragraph 1.

7.   A sole partner shall be registered in a Member State participating in the Interreg programme.

However, a sole partner may be registered in a Member State not participating in that programme, provided the conditions set out in Article 23 are satisfied. [Am. 123]

1.   The total contribution from the ERDF or, where applicable, an external financing instrument of the Union, to a one or more small project fund funds within an Interreg programme shall not exceed EUR 20 000 000 or 15 % 20 % of the total allocation of the Interreg programme, whichever is lower and shall, in the case of an Interreg programme for cross-border cooperation, be at least 3 % of the total allocation . [Am. 124]

The final recipients within a small project fund shall receive support from the ERDF or, where applicable the external financing instruments of the Union through the beneficiary and implement the small projects within that small project fund (‘small project’).

2.   The beneficiary of a small project fund shall be a cross-border legal body or an EGTC public or private law body, an entity with or without legal personality or a natural person, that is responsible for initiating or both initiating and implementing operations . [Am. 125]

3.   The document setting out the conditions for support to a small project fund shall, in addition to the elements laid down in Article 22(6) set out the elements necessary to ensure that the beneficiary:

The beneficiary shall ensure that the final recipients comply with the requirements set out in Article 35.

4.   The selection of small projects shall not constitute a delegation of tasks from the managing authority to an intermediate body as referred to in Article [65(3)] of Regulation (EU) [new CPR].

5.   Staff and other direct costs corresponding to the cost categories in Articles 39 to 42, as well as indirect costs generated at the level of the beneficiary for the management of the small project fund or funds, shall not exceed 20 % of the total eligible cost of the respective small project fund or funds . [Am. 126]

6.   Where the public contribution to a small project does not exceed EUR 100 000, the contribution from the ERDF or, where applicable, an external financing instrument of the Union shall take the form of unit costs or lump sums or include flat rates, except for projects for which the support constitutes State aid. [Am. 127]

Where the total costs of each operation do not exceed EUR 100 000, the amount of support for one or more small projects may be set out on the basis of a draft budget which is established on a case-by-case basis and agreed ex ante by the body selecting the operation. [Am. 128]

Where flat-rate financing is used, the categories of costs to which the flat rate is applied may be reimbursed in accordance with [point (a) of Article 48(1)] of Regulation (EU) [new CPR].

1.   The lead partner shall:

2.   If not otherwise specified in the arrangements laid down pursuant to point (a) of paragraph 1 the lead partner shall ensure that the other partners receive the total amount of the contribution from the respective Union fund as quickly as possible and in full and within timeframe agreed by all partners and following the same procedure applied in respect of the lead partner . No amount shall be deducted or withheld and no specific charge or other charge with equivalent effect shall be levied that would reduce that amount for the other partners. [Am. 129]

3.   Any beneficiary in a Member State, third country, partner country or OCT participating in an Interreg programme may be designated as the lead partner. [Am. 130]

However, Member States, third countries, partner countries or OCTs participating in an Interreg programme may agree that a partner not receiving support from the ERDF or an external financing instrument of the Union may be designated as the lead partner. [Am. 131]

1.   Technical assistance to each Interreg programme shall be reimbursed as a flat rate by applying the percentages set out in paragraph 2 for 2021 and 2022 to the yearly instalments of the pre-financing pursuant to points (a) and (b) of Article 49(2) of this Regulation and then to the eligible expenditure included in each payment application pursuant to [points (a) or (c) of Article 85(3)] of Regulation (EU) [new CPR] as appropriate for subsequent years . [Am. 132]

2.   The percentage of the ERDF and the external financing instruments of the Union to be reimbursed for technical assistance shall be as follows:

3.   For Interreg programmes with a total allocation between EUR 30 000 000 and EUR 50 000 000 the amount resulting from the percentage for technical assistance shall be increased by an additional amount of EUR 500 000. The Commission shall add that amount to the first interim payment.

4.   For Interreg programmes with a total allocation below EUR 30 000 000, the amount needed for technical assistance expressed in EUR and the resulting percentage shall be fixed in the Commission decision approving the Interreg programme concerned.

1.   The Member States and, where applicable, the third countries, partner countries and OCTs , OCTs or regional integration cooperation organisations participating in that programme shall set up, in agreement with the managing authority, a committee to monitor implementation of the respective Interreg programme (‘monitoring committee’) within three months of the date of notification to the Member States of the Commission decision adopting an Interreg programme, [Am. 135]

2.   The monitoring committee shall be chaired by a representative of the Member State hosting the managing authority or of the managing authority.

Where the rules of procedure of the monitoring committee establish a rotating chair, the monitoring committee may be chaired by a representative of a third country, partner country or OCT, and co-chaired by a representative of the Member State or of the managing authority, and vice-versa . [Am. 136]

3.   Each member of the monitoring committee shall have the right to vote.

4.   Each monitoring committee shall adopt its rules of procedure during its first meeting.

The rules of procedure of the monitoring committee and, where applicable, of the steering committee shall prevent any situation of conflict of interest when selecting Interreg operations.

5.   The monitoring committee shall meet at least once a year and shall review all issues that affect the programme’s progress towards achieving its objectives.

6.   The managing authority shall publish the rules of procedures of the monitoring committee and all the , the summary of data and information as well as all the decisions shared with the monitoring committee on the website referred to in Article 35(2). [Am. 137]

1.   The composition of the monitoring committee of each Interreg programme shall may be agreed by the Member States and, where applicable, by the third countries, partner countries and OCTs participating in that programme and shall ensure aim for a balanced representation of the relevant authorities, intermediate bodies and representatives of the programme partners referred to in Article [6] of Regulation (EU) [new CPR] from Member States, third countries, partner countries and OCTs. [Am. 138]

The composition of the monitoring committee shall take into account the number of participating Member States, third countries, partner countries and OCTs in the Interreg programme concerned. [Am. 139]

The monitoring committee shall also include representatives of regions and local governments as well as other bodies jointly set up in the whole programme area or covering a part thereof, including EGTCs. [Am. 140]

2.   The managing authority shall publish a list of the authorities or bodies appointed as members of the monitoring committee on the website referred to in Article 35(2). [Am. 141]

3.   Representatives of the Commission shall may participate in the work of the monitoring committee in an advisory capacity. [Am. 142]

3a.     Representatives of bodies established throughout the area of the programme or which cover a part of it, including EGTCs, may participate in the work of the monitoring committee in an advisory capacity. [Am. 143]

1.   The monitoring committee shall examine:

2.   In addition to its tasks concerning the selection of operations listed in Article 22, the monitoring committee shall approve:

1.   A review may be organised by the Commission to examine the performance of Interreg programmes.

The review may be carried out in writing.

2.   At the request of the Commission, the managing authority shall, within one month three months , provide the Commission with the information on the elements listed in Article 29(1): [Am. 146]

3.   The outcome of the review shall be recorded in agreed minutes.

4.   The managing authority shall follow-up issues raised by the Commission and inform the Commission within three months of the measures taken.

1.   Each managing authority shall electronically transmit to the Commission cumulative data for the respective Interreg programme pursuant to point (a) of Article 31(2) of this Regulation by 31 January, 31 March, 31 May, 31 July, May and 30 September and 30 November of each year as well as data pursuant to point (b) of Article 31(2) of this Regulation once a year in accordance with the template in Annex [VII] to Regulation (EU) [new CPR]. [Am. 147]

The transmission of data shall be carried out using existing data-reporting systems insofar as those systems have proven to be reliable during the previous programming period. [Am. 148]

The first transmission shall be due by 31 January 2022 and the last one by 31 January 2030.

2.   The data referred to in paragraph 1 shall be broken down for each priority by specific objective and shall refer to:

3.   For financial instruments, data shall also be provided on the following:

4.   The data submitted in accordance with this Article shall be up-to-date as of the end of the month preceding the month of submission.

5.   The managing authority shall publish all the data transmitted to the Commission on the website referred to in Article 35(2).

1.   Each managing authority shall submit to the Commission a final performance report on the respective Interreg programme by 15 February 2031.

The final performance report shall be submitted using the template established in accordance with Article [38(5)] of Regulation (EU) [new CPR].

2.   The final performance report shall assess the achievement of programme objectives based on the elements listed in Article 29 with the exception of point (c) of paragraph 1 thereof.

3.   The Commission shall examine the final performance report and inform the managing authority of any observations within five months of the date of receipt of thatreport. Where such observations are made, the managing authority shall provide all necessary information with regard to those observations and, where appropriate, inform the Commission, within three months, of measures taken. The Commission shall inform the Member State of the acceptance of the report.

4.   The managing authority shall publish the final performance report on the website referred to in Article 35(2).

1.   Common output and common result indicators, as set out in Annex [I] to Regulation (EU) [new ERDF], and, where necessary, programme-specific output and result indicators which are found to be most suited to measure progress towards the goals of the European territorial cooperation goal (Interreg) programme, shall be used in accordance with Article [12(1)] of Regulation (EU) [new CPR], and point (d) (e) (ii) of Article 17(3) 17(4) and point (b) of Article 31(2) of this Regulation. [Am. 150]

1a.     Where necessary and in cases duly justified by the managing authority, programme-specific output and result indicators shall be used in addition to the indicators which were selected in accordance with the paragraph 1. [Am. 151]

2.   For output indicators, baselines shall be set at zero. The milestones set for 2024 and targets set for 2029 shall be cumulative.

1.   The managing authority shall carry out evaluations of each Interreg programme , no more than once a year . Each evaluation shall assess the programme’s effectiveness, efficiency, relevance, coherence and EU added value with the aim to improve the quality of the design and implementation of the respective Interreg programme. [Am. 152]

2.   In addition, the managing authority shall carry out an evaluation for each Interreg programme to assess its impact by 30 June 2029.

3.   The managing authority shall entrust evaluations to functionally independent experts.

4.   The managing authority shall aims to ensure the necessary procedures to produce and collect the data necessary for evaluations. [Am. 153]

5.   The managing authority shall draw up an evaluation plan that may cover more than one Interreg programme.

6.   The managing authority shall submit the evaluation plan to the monitoring committee no later than one year after the approval of the Interreg programme.

7.   The managing authority shall publish all evaluations on the website referred to in Article 35(2).

1.   Each managing authority shall identify a communication officer for each Interreg programme under its responsibility.

2.   The managing authority shall ensure that, within six months of the Interreg programme's approval, there is a website where information on each Interreg programme under its responsibility is available, covering the programme’s objectives, activities, available funding opportunities and achievements.

3.   Article [44(2) to (7) (6) ] of Regulation (EU) [new CPR] on the responsibilities of the managing authority shall apply. [Am. 154]

4.   Each partner of an Interreg operation or each body implementing a financing instrument shall acknowledge support from an Interreg fund, including resources reused for financial instruments in accordance with Article [56] of Regulation (EU) [new CPR], to the Interreg operation by:

The term ‘Interreg’ shall be used next to the emblem of the Union in accordance with Article [42] of Regulation (EU) [new CPR].

5.   For small project funds and financial instruments, the beneficiary shall ensure that final recipients comply with the requirements set out in point (c) of paragraph 4.

6.   Where the beneficiary does not comply with its obligations under Article [42] of Regulation (EU) [new CPR] or paragraphs 1 and 2 of this Article, the Member State or does not remedy its omission in good time, the managing authority shall apply a financial correction by cancelling up to 5 % of the support from the Funds to the operation concerned. [Am. 158]

1.   All or part of an Interreg operation may be implemented outside of a Member State, including outside the Union, provided that the Interreg operation contributes to the objectives of the respective Interreg programme.

2.   Without prejudice to the eligibility rules laid down in Articles [57 to 62] of Regulation (EU) [new CPR], Articles [4 and 6] of Regulation (EU) [new ERDF] or in this Chapter, including in acts adopted thereunder, the participating Member States and, where applicable, third countries, partner countries and OCTs shall, by a joint decision in the monitoring committee, only establish additional rules on eligibility of expenditure for the Interreg programme on categories of expenditure not covered by those provisions. Those additional rules shall cover the programme area as a whole.

However, where an Interreg programme selects operations based on calls for proposals, those additional rules shall be adopted before the first call for proposals is published. In all other cases, those additional rules shall be adopted before the first operations are selected.

3.   For matters not covered by the eligibility rules laid down in Articles [57 to 62] of Regulation (EU) [new CPR], Articles [4 and 6] of Regulation (EU) [new ERDF] and this Chapter, including in acts adopted thereunder or in rules established in accordance with paragraph 4, the national rules of the Member State and, where applicable, of the third countries, partner countries and OCTs in which the expenditure is incurred shall apply.

4.   In the event of a difference of opinion between the managing authority and the audit authority with regard to the eligibility as such of an Interreg operation selected under the respective Interreg programme, the opinion of the managing authority shall prevail, taking due account of the opinion of the monitoring committee.

5.   OCTs shall not be eligible for support from the ERDF under Interreg programmes, but may participate in those programmes under the conditions set out in this Regulation.

1.   The participating Member States and, where applicable, third countries, partner countries and OCTs, may agree in the monitoring committee of an Interreg programme that expenditure falling under one or more of the categories referred to in Articles 38 to 43 shall not be eligible under one or more priorities of an Interreg programme.

2.   Any expenditure eligible in accordance with this Regulation, paid by or on behalf of an Interreg partner, shall relate to the costs of initiating or initiating and implementing an operation or part of an operation.

3.   The following costs are not eligible:

1.   Staff costs shall consist of gross employment costs of staff employed by the Interreg partner in one of the following ways:

2.   Staff costs shall be limited to the following:

With regard to point (a), payments to natural persons working for the Interreg partner under a contract other than an employment or work contract may be assimilated to salary payments and such a contract considered as an employment document.

3.   Staff costs may be reimbursed either:

4.   Staff costs related to individuals who work on part-time assignment on the operation, shall be calculated as either:

5.   For part-time assignments under point (b) of paragraph 4, the reimbursement of staff costs shall be calculated on an hourly rate basis determined either by:

6.   As regards staff costs related to individuals who, according to the employment document, work on an hourly basis, such costs shall be eligible applying the number of hours actually worked on the operation to the hourly rate agreed in the employment document based on a working time registration system. If not yet included in the agreed hourly rate, salary costs as referred to under point (b) of Article 38 (2) may be added to that hourly rate, in line with applicable national law. [Am. 161]

1.   Travel and accommodation costs shall be limited to the following elements:

regardless whether such costs are incurred and paid in or outside the programme area.

2.   Any element listed in points (a) to (d) of paragraph 1 covered by a daily allowance shall not be reimbursed in addition to the daily allowance.

3.   Travel and accommodation costs of external experts and service providers fall under external expertise and services costs listed in Article 41.

4.   Direct payment of expenditure for costs under this Article by an employee of the beneficiary shall be supported by a proof of reimbursement by the beneficiary to that employee. That cost category may be used for the travel expenses of operation staff and other stakeholders for the purpose of implementation and promotion of the Interreg operation and Programme. [Am. 163]

5.   Travel and accommodation costs of an operation may be calculated at a flat rate of up to 15 % of the direct costs other than the direct staff costs of that operation. [Am. 164]

1.   Costs for equipment purchased, rented or leased by the beneficiary of the operation other than those covered by Article 39 shall be composed but not limited to the following: [Am. 167]

2.   Costs for the purchase of second-hand equipment may be eligible subject to the following conditions:

1.   Member States and, where applicable, third countries, partner countries and OCTs , OCTs, and regional integration cooperation organisations participating in an Interreg programme shall identify, for the purposes of Article [65] of Regulation (EU) [new CPR], a single managing authority and a single audit authority. [Am. 169]

2.   The managing authority and the audit authority shall may be located in the same Member State. [Am. 170]

3.   Concerning the PEACE PLUS programme, the Special EU Programmes Body, when identified as the managing authority, shall be considered as located in a Member State.

4.   Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme may identify an EGTC as managing authority of that programme.

5.   With regard to an Interreg programme under component 2B or under component 1 where the latter covers long borders with heterogenous development challenges and needs, Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme may define sub-programme areas. [Am. 171]

6.   Where the managing authority identifies an one or more intermediate body bodies under an Interreg programme in accordance with Article [65(3)] of Regulation (EU) [new CPR], the intermediate body or bodies concerned shall carry out those tasks in more than one participating Member State , or in their respective Member States, or, where applicable, in more than one third country, partner country or OCT. [Am. 172]

1.   The managing authority of an Interreg programme shall carry out the functions laid down in Articles [66], [68] and [69] of Regulation (EU) [new CPR] with the exception of the task of selecting operations referred to in point (a) of Article 66(1) and Article 67 and of payments to beneficiaries referred to in point (b) of Article 68(1). Those functions shall be carried out in the whole of the territory covered by that programme, subject to derogations set out under Chapter VIII of this Regulation.

1a.     By way of derogation from Article 87(2) of Regulation (EU) …/… [new CPR], the Commission shall reimburse as interim payments 100 % of the amounts included in the payment application which result from applying the cofinancing rate of the programme to the total eligible expenditure or to the public contribution, as appropriate. [Am. 173]

1b.     Where the managing authority does not carry out verification under point (a) of Article 68(1) of Regulation (EU) …/… [new CPR] throughout the whole programme area, each Member State shall designate the body or person responsible for carrying out such verification in relation to beneficiaries on its territory. [Am. 174]

1c.     By way of derogation from Article 92 of Regulation (EU) …/… [new CPR], Interreg programmes are not subject to the annual clearance of accounts. Accounts are cleared at the end of a programme, on the basis of the final performance report. [Am. 175]

2.   The managing authority, after consultation with the Member States and, where applicable, any third countries, partner countries or OCTs participating in the Interreg programme, shall set up a joint secretariat, with staff taking into account the programme partnership.

The joint secretariat shall assist the managing authority and the monitoring committee in carrying out their respective functions. The joint secretariat shall also provide information to potential beneficiaries about funding opportunities under Interreg programmes and shall assist beneficiaries and partners in the implementation of operations.

3.   By way of derogation from [point (c) of Article 70(1)] of Regulation (EU) [new CPR], expenditure paid in another currency shall be converted into euro by each partner using the monthly accounting exchange rate of the Commission in the month during which that expenditure was submitted for verification to the managing authority in accordance with [point (a) of Article 68(1)] of that Regulation.

1.   Member States and, where applicable, third countries, partner countries and OCTs participating in an Interreg programme shall agree on the arrangements for carrying out the accounting function.

2.   The accounting function shall consist of the tasks listed in [points (a) and (b) of Article 70(1)] of Regulation [new CPR] and shall also cover the payments made by the Commission and, as a general rule, the payments made to the lead partner in accordance with [point (b) of Article 68(1)] of Regulation (EU) [new CPR].

1.   The audit authority of an Interreg programme shall carry out the functions provided for in this Article and in Article 48 in the whole of the territory covered by that Interreg programme, subject to the derogations set out in Chapter VIII.

However, a participating Member State may specify when the audit authority is to be accompanied by an auditor from that participating Member State.

2.   The audit authority of an Interreg programme shall be responsible for carrying out system audits and audits on operations in order to provide independent assurance to the Commission that management and control systems function effectively and that expenditure included in the accounts submitted to the Commission is legal and regular.

3.   Where an Interreg programme is included in the population from which the Commission selects a common sample under Article 48(1), the audit authority shall carry out audits of operations selected by the Commission in order to provide independent assurance to the Commission that management and control systems function effectively.

4.   Audit work shall be carried out in accordance with internationally accepted audit standards.

5.   The audit authority shall draw up and submit to the Commission each year by 15 February following the end of the accounting year an annual audit opinion in accordance with Article [63(7)] of Regulation [FR-Omnibus] using the template set out in Annex [XVI] to Regulation (EU) [new CPR] and based on all audit work carried out, covering each of the following components:

Where the Interreg programme is included in the population from which the Commission selects a sample pursuant to Article 48(1), the annual audit opinion shall only cover the components referred to in points (a) and (c) of the first subparagraph.

The deadline of 15 February may exceptionally be extended by the Commission to 1 March, upon communication by the Member State hosting the managing authority concerned.

6.   The audit authority shall draw up and submit to the Commission each year by 15 February following the end of the accounting year an annual control report in accordance with [point (b) of Article 63(5)] of Regulation [FR-Omnibus] using the template set out in Annex [XVII] of Regulation (EU) [new CPR] and, supporting the audit opinion provided for in paragraph 5 of this Article and setting out a summary of the findings, including an analysis of the nature and extent of any errors and deficiencies in the systems as well as the proposed and implemented corrective actions and the resulting total error rate and residual error rate for the expenditure entered in the accounts submitted to the Commission.

7.   Where the Interreg programme is included in the population from which the Commission selects a sample under Article 48(1), the audit authority shall draw up the annual control report referred to in paragraph 6 of this Article and fulfilling the requirements of [point (b) of Article 63(5)] of Regulation (EU, Euratom) [FR-Omnibus] using the template set out in Annex [XVII] to Regulation (EU) [new CPR] and supporting the audit opinion provided for in paragraph 5 of this Article.

That report shall set out a summary of the findings, including an analysis of the nature and extent of any errors and deficiencies in the systems as well as the proposed and implemented corrective actions, the results of the audits of operations carried out by the audit authority in relation to the common sample referred to in Article 48(1) and the financial corrections applied by the Interreg programme authorities for any individual irregularities detected by the audit authority for these operations.

8.   The audit authority shall transmit system audit reports to the Commission as soon as the required contradictory procedure with the relevant auditees is concluded.

9.   The Commission and the audit authority shall meet on a regular basis and at least once a year, unless otherwise agreed, to examine the audit strategy, the annual control report and the audit opinion, to coordinate their audit plans and methods and to exchange views on issues relating to the improvement of management and control systems.

1.   The Commission shall select a common sample of operations (or other sampling units) using a statistical sampling method for the audits of operations to be carried out by the audit authorities for the Interreg programmes receiving support from the ERDF or an external financing instrument of the Union in respect of each accounting year.

The common sample shall be representative for all the Interreg programmes constituting the population.

For the purposes of selecting the common sample, the Commission may stratify groups of Interreg programmes according to their specific risks.

2.   The programme authorities shall provide the information necessary for the selection of a common sample to the Commission by 1 September following the end of each accounting year at the latest.

That information shall be submitted in a standardised electronic format, shall be complete and shall reconcile with the expenditure declared to the Commission for the reference accounting year.

3.   Without prejudice to the requirement to carry out an audit referred to in Article 47(2), the audit authorities for Interreg programmes covered by the common sample shall not carry out additional audits of operations under those programmes, unless requested by the Commission in accordance with paragraph 8 of this Article or in cases for which an audit authority has identified specific risks.

4.   The Commission shall inform the audit authorities of the Interreg programmes concerned of the common sample selected in time to allow those authorities to carry out the audits of operations, in general, by 1 October following the end of each accounting year, at the latest.

5.   The audit authorities concerned shall submit information on the results of these audits as well as on any financial correction taken in relation to individual irregularities detected at the latest in the annual control reports to be submitted to the Commission pursuant to Article 47(6) and (7).

6.   Following its assessment of the results of audits of operations selected pursuant to paragraph 1, the Commission shall calculate a global extrapolated error rate with regard to the Interreg programmes included in the population from which the common sample was selected, for the purposes of its own assurance process.

7.   Where the global extrapolated error rate referred to in paragraph 6 is above 2 % 3,5 % of the total expenditure declared for the Interreg programmes included in the population from which the common sample was selected, the Commission shall calculate a global residual error rate, taking account of financial corrections applied by the respective Interreg programme authorities for individual irregularities detected by the audits of operations selected pursuant to paragraph 1. [Am. 176]

8.   Where the global residual error rate referred to in paragraph 7 is above 2 % 3,5 % of the expenditure declared for the Interreg programmes included in the population from which the common sample was selected, the Commission shall determine whether it is necessary to request the audit authority of a specific Interreg programme or a group of Interreg programmes most affected to carry out additional audit work in order to further evaluate the error rate and assess the required corrective measures for the Interreg programmes affected by the irregularities detected. [Am. 177]

9.   Based on the assessment of the results of the additional audit work requested pursuant to paragraph 8, the Commission may request additional financial corrections to be applied on the Interreg programmes affected by the irregularities detected. In such cases, the Interreg programme authorities shall carry out the required financial corrections in accordance with Article [97] of Regulation (EU) [new CPR].

10.   Each audit authority of an Interreg programme for which the information referred to in paragraph 2 is missing or incomplete or has not been submitted by the deadline laid down in the first subparagraph of paragraph 2 shall carry out a separate sampling exercise for the respective Interreg programme in accordance with Article [73] of Regulation (EU) [new CPR]).

1.   The ERDF support and, where applicable, the support from external financing instruments of the Union to each Interreg programme shall be paid, in accordance with Article 46(2), into a single account with no national subaccounts.

2.   The Commission shall pay a pre-financing based on the total support from each Interreg fund, as set out in the decision approving each Interreg programme under Article 18, subject to available funds, in yearly instalments as follows and before 1 July of the years 2022 to 2026, or, in the year of the approving decision, no later than 60 days after that decision is adopted:

3.   Where external cross-border Interreg programmes are supported by the ERDF and IPA III CBC or NDICI CBC, the pre-financing for all funds supporting such an Interreg programme shall be made in accordance with Regulation (EU) [IPA III] or [NDICI] or of any act adopted thereunder. [Am. 184]

The pre-financing amount may be paid in two instalments, where necessary, according to budgetary needs.

The total amount paid as pre-financing shall be reimbursed to the Commission if no payment application under the cross-border Interreg programme is sent within 24 36 months of the date on which the Commission pays the first instalment of the pre-financing amount. Such reimbursement shall constitute internal assigned revenue and shall not reduce the support from the ERDF, IPA III CBC or NDICI CBC to the programme. [Am. 185]

1.   The managing authority shall ensure that any amount paid as a result of an irregularity is recovered from the lead or sole partner. Partners shall repay to the lead partner any amounts unduly paid.

2.   Where the lead partner does not succeed in securing repayment from other partners or where the managing authority does not succeed in securing repayment from the lead or sole partner, the Member State, third country, partner country or OCT on whose territory the partner concerned is located or, in the case of an EGTC, is registered shall reimburse the managing authority any amounts unduly paid to that partner. The managing authority shall be responsible for reimbursing the amounts concerned to the general budget of the Union, in accordance with the apportionment of liabilities among the participating Member States, third countries, partner countries or OCTs laid down in the Interreg programme.

3.   Once the Member State, third country, partner country or OCT has reimbursed the managing authority any amounts unduly paid to a partner, it may continue or start a recovery procedure against that partner under its national law. In the event of successful recovery, the Member State, third country, partner country or OCT may use those amounts for the national co-financing of the Interreg programme concerned. The Member State, third country, partner country or OCT shall not have any reporting obligations towards the programme authorities, the monitoring committee or the Commission with regard to such national recoveries.

4.   Where a Member State, third country, partner country or OCT has not reimbursed the managing authority any amounts unduly paid to a partner pursuant to paragraph 3, those amounts shall be subject to a recovery order issued by the AOD which shall be executed, where possible, by offsetting against amounts due to the Member State, third country, partner country or OCT under subsequent payments to the same Interreg programme or, in the case of a third country, partner country or an OCT, under subsequent payments to programmes under the respective external financing instruments of the Union. Such recovery shall not constitute a financial correction and shall not reduce the support from the ERDF or any external financing instrument of the Union to the respective Interreg programme. The amount recovered shall constitute assigned revenue in accordance with Article [177(3)] of Regulation (EU, Euratom) [FR-Omnibus].

1.   Third countries, partner countries and OCTs participating in an Interreg programme shall either allow the managing authority of that programme to carry out its functions in its respective territory or shall identify a national authority as contact point for the managing authority or a national controller to carry out management verifications as provided for in [point (a) of Article 68(1)] of Regulation (EU) [new CPR] in its respective territory.

2.   Third countries, partner countries and OCTs participating in an Interreg programme shall either allow the audit authority of that programme to carry out its functions in its respective territory or shall identify a national audit authority or body, functionally independent from the national authority.

3.   Third countries, partner countries and OCTs participating in an Interreg programme shall may delegate staff to the joint secretariat of that programme or , in agreement with the managing authority, shall set up a branch office of the Joint Secretariat in its respective territory, or shall do both. [Am. 188]

4.   The national authority or a body equivalent to the Interreg programme communication officer as provided for in Article 35(1), shall may support the managing authority and partners in the respective third country, partner country or OCT with regard to the tasks provided for in Article 35(2) to (7). [Am. 189]

1.   External cross-border Interreg programmes supported both by ERDF and IPA III CBC or NDICI CBC shall be implemented under shared management both in the Member States and in any participating third country or partner country.

The PEACE PLUS programme shall be implemented under shared management both in Ireland and in the United Kingdom.

2.   Component 2 and 4 Interreg programmes combining contributions from the ERDF and from one or more external financing instrument of the Union shall be implemented under shared management both in the Member States and in any participating third country, or partner country , participating OCT or, with regard to component 3, in any OCT, whether or not that OCT receives support under one or more external financing instruments of the Union. [Am. 190]

3.   Component 3 Interreg programmes combining contributions from the ERDF and one or more external financing instruments of the Union shall be implemented in any of the following ways:

Where all or part of a component 3 Interreg programme is implemented under indirect management, a prior agreement between Member States and regions concerned is required and Article 60 shall apply. [Am. 194]

3a.     Joint calls for proposals mobilising funding from bilateral or multi-country NDICI programmes and ETC programmes may be launched if the respective managing authorities agree to do so. The content of the call shall specify its geographical scope, and its expected contribution to the objectives of the respective programmes. Managing authorities shall decide whether NDICI or ETC rules are applicable to the call. They may decide to appoint a lead managing authority responsible for the tasks of management and control related to the call. [Am. 195]

1.   By way of derogation from Article [57(2)] of Regulation (EU) [new CPR] expenditure shall be eligible for a contribution from external financing instruments of the Union if it has been incurred by a partner or the private partner of PPP operations in the preparation and implementation of Interreg operations from 1 January 2021 and paid after the date when the financing agreement with the respective third country, partner country or OCT was concluded.

However, expenditure for technical assistance managed by programme authorities located in a Member State shall be eligible as of 1 January 2021, even when paid for actions implemented in favour of third countries, partner countries or OCTs.

2.   Where an Interreg programme selects operations based on calls for proposals, such calls may include applications for a contribution from external financing instruments of the Union, even when launched before the relevant financing agreement was signed, and operations may already be selected before such dates.

However, the managing authority may not provide the document provided for in Article 22(6) before such dates.

1.   Interreg programmes under this section may support ‘large infrastructure projects’ meaning operations comprising a set of works, activities or services intended to fulfil an indivisible function of a precise nature pursuing clearly identified objectives of common interest for the purposes of implementing investments delivering a cross-border impact and benefits and where a budget share of at least EUR 2 500 000 is allocated to the acquisition of infrastructure.

2.   Each beneficiary implementing a large infrastructure project or a part thereof shall apply the applicable public procurement rules.

3.   Where the selection of one or more large infrastructure projects is on the agenda of a monitoring committee or, where applicable, steering committee meeting, the managing authority shall transmit a concept note for each such project to the Commission at the latest two months before the date of the meeting. The concept note shall be a maximum of three five pages and shall indicate the name, the location, the budget, the lead partner and the partners as well as the main objectives and deliverables thereof , as well as including a credible business plan which demonstrates that the project or projects’ continuation is secure even without the provision of Interreg funds . If the concept note concerning one or more large infrastructure projects is not transmitted to the Commission by that deadline, the Commission may request that the chair of the monitoring committee or steering committee remove the projects concerned from the agenda of the meeting. [Am. 196]

1.   Where the implementation of an operation requires procurement of service, supply or works contracts by a beneficiary, the following rules shall apply:

2.   For the award of goods, works or services in all cases other than those referred to in paragraph 1, the procurement procedures under Articles [178] and [179] of Regulation (EU, Euratom) [FR-Omnibus] and Chapter 3 of Annex 1 (Points 36 to 41) to that Regulation shall apply.

1.   In order to implement an Interreg programme in a third country, partner country or OCT, in accordance with Article [112(4)] of Regulation (EU, Euratom) [FR-Omnibus], a financing agreement shall be concluded between the Commission representing the Union and each participating third country, partner country or OCT represented in accordance with its national legal framework.

2.   Any financing agreement shall be concluded at the latest on 31 December of the year following the year when the first budget commitment was made and shall be considered concluded on the date when the last party has signed it.

Any financing agreement shall enter into force either on the date

3.   Where an Interreg programme involves more than one third country, partner country or OCT, at least one financing agreement shall be signed by both parties before that date. The other third countries, partner countries or OCTs may sign their respective financing agreements at the latest on 30 June of the second year following the year when the first budget commitment was made.

4.   The Member State hosting the managing authority of the relevant Interreg programme either

When transmitting the signed copy of the financing agreement or a copy of the implementing agreement to the Commission, the Member State hosting the managing authority shall also send, as a separate document, a list of the planned large infrastructure projects as defined in Article 55, indicating the prospective name, location, budget and lead partner thereof.

5.   An implementing agreement signed pursuant to point (b) of paragraph 4 shall at least cover the following elements:

6.   Where the Member State hosting the managing authority of the Interreg programme decides to sign the financing agreement pursuant to point (a) of paragraph 4, that financing agreement shall be considered a tool to implement the Union budget in accordance with the Financial Regulation and not an international agreement as referred to in Articles 216 to 219 of the TFEU.

1.   Where a third country, partner country or OCT transfers to the Managing Authority a financial contribution to the Interreg programme other than its co-financing of the Union support to the Interreg programme, the rules concerning that financial contribution shall be contained in the following document:

2.   An implementing agreement under paragraph 1 shall at least contain the elements concerning the third country's, partner country's or OCT's co-financing listed in Article 58(5).

In addition, it shall set out both of the following:

3.   With regard to the PEACE PLUS programme, the financial contribution to Union activities from the United Kingdom in the form of external assigned revenue as referred to in [point (e) of Article 21(2)] of Regulation (EU, Euratom) [FR-Omnibus] shall make part of the budget appropriations for Heading 2 ‘Cohesion and Values’, sub-ceiling ‘Economic, social and territorial cohesion’.

That contribution shall be subject to a specific financing agreement with the United Kingdom in accordance with Article 58. The Commission and the United Kingdom as well as Ireland shall be parties to this specific financing agreement.

It shall be signed before the beginning of the implementation of the programme thus allowing the Special EU Programmes Body to apply all the Union legislation for the implementation of the programme.

1.   Where , after consulting stakeholders, part or all of a component 3 Interreg programme is implemented under indirect management pursuant to point (b) or (c) respectively of Article 53(3), implementation tasks shall be entrusted to one of the bodies listed in point [(c) of the first subparagraph of Article 62(1)] of Regulation (EU, Euratom) [FR-Omnibus], in particular to such a body located in the participating Member State, including the managing authority of the Interreg programme concerned. [Am. 197]

2.   In accordance with [point (c) of Article 154(6)] of Regulation (EU, Euratom) [FR-Omnibus], the Commission may decide not to require an ex-ante assessment as referred to in paragraphs 3 and 4 of that Article when the budget implementation tasks referred to in [point (c) of the first subparagraph of Article 62(1)] of Regulation (EU, Euratom) [FR-Omnibus] are entrusted to a managing authority of an outermost regions' Interreg programme identified pursuant to Article 37(1) of this Regulation and in accordance with Article [65] of Regulation (EU) [new CPR].

3.   Where the budget implementation tasks referred to in [point (c) of the first subparagraph of Article 62(1)] of Regulation [FR-Omnibus] are entrusted to a Member State organisation, Article [157] of Regulation (EU, Euratom) [FR-Omnibus] shall apply.

4.   Where a programme or action co-financed by one or more external financing instrument is implemented by a third country, a partner country, an OCT or any of the other bodies listed to in [point (c) of the first subparagraph of Article 62(1)] of Regulation (EU, Euratom) [FR-Omnibus] or referred to in Regulation (EU) [NDICI] or Council Decision [OCT Decision] or both, the relevant rules of these instruments shall apply, in particular Chapters I, III and V of Title II of Regulation (EU) [NDICI].

1.   The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.

2.   The power to adopt delegated acts referred to in Article 16(6) shall be conferred on the Commission from [as of one day after its publication = date of entry into force] until 31 December 2027.

3.   The delegation of power referred to in Article 16(6) may be revoked at any time by the European Parliament or by the Council. A decision to revoke shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in the Official Journal of the European Union or at a later date specified therein. It shall not affect the validity of any delegated acts already in force.

4.   Before adopting a delegated act, the Commission shall consult experts designated by each Member State in accordance with the principles laid down in the Interinstitutional Agreement of 13 April 2016 on Better Law-Making.

5.   As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.

6.   A delegated act adopted pursuant to Article 16(6) shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of [two months] of notification of that act to the European Parliament and the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by [two months] at the initiative of the European Parliament or of the Council.

1.   The Commission shall be assisted by the committee set up pursuant to Article [108(1)] of Regulation (EU) [new CPR]. That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.

2.   Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011shall apply.