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Document 32006R1828
Rules for the application of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (2007-2013)
This summary has been archived and will not be updated, because the summarised document is no longer in force or does not reflect the current situation.
Rules for the application of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund (2007-2013)
This Regulation determines the application of the European Regional Development Fund (ERDF), the European Social Fund (ESF) and the Cohesion Fund. In particular it concerns the obligations of Member States with regard to information and implementing the funds.
ACT
Commission Regulation (EC) No 1828/2006 of 8 December 2006 setting out rules for the implementation of Council Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and of Regulation (EC) No 1080/2006 of the European Parliament and of the Council on the European Regional Development Fund [See amending act(s)].
SUMMARY
This Regulation lays down rules for the application of:
This Regulation establishes all the rules for publishing and communicating information relating to projects funded by these Funds. In addition, it defines the rules aimed at ensuring the Funds are properly used, particularly with regard to the monitoring systems put in place by the Member States and the procedures for cases of irregularity.
Lastly, the Regulation establishes the provisions relating to certain specific aspects of the Funds, such as the financial engineering instruments and the eligibility expenditure on housing.
Information and publicity: the communication plan
In accordance with Regulation No 1083/2006, Member States shall establish operational programmes. These programmes define the development strategies based on funding from the structural Funds.
With transparency in mind, the operational programmes must be the subject of a communication plan. The communication plans are established by the Member States or the management authorities responsible for operational programmes. These plans are aimed at:
Furthermore, the communication plans include:
Alongside the dissemination of information, this Regulation defines the responsibilities and roles of each of the stakeholders involved, specifically:
To ensure exchanges of good practice and experience, European networks may be set up, comprising the contact persons responsible for information and publicity, as designated by each managing authority.
Management and control systems
The general provisions on the ERDF, the ESF and the Cohesion Fund provide that Member States submit to the Commission a description of the management and control systems and a report setting out the results of an assessment of their introduction.
The Commission relies on these documents to satisfy itself that the financial assistance concerned is used by the Member States in accordance with the applicable rules necessary for protecting the EU's financial interests. This is why the present Regulation sets out in detail the information that such documents should contain.
Furthermore, this Regulation lays down specific rules concerning:
Irregularities
Member States must report to the Commission any irregularities which have been the subject of a primary administrative or judicial finding. They then inform it of the procedures instituted with respect to all irregularities previously notified and of important changes resulting from them.
Each Member State is to report to the Commission and to the other Member States concerned any irregularities discovered or supposed to have occurred, where it is feared that they may very quickly have repercussions outside its territory or they show that a new malpractice has been employed.
Financial corrections
Where a Member State does not maintain an agreed target level of public structural expenditure during the programming period, no financial correction should be applied if the difference between the agreed target level and the level achieved is equal to or less than 3 % of the agreed target level (de minimis threshold).
Financial engineering instruments
This Regulation lays down general and specific provisions applicable to all financial engineering instruments. Financial engineering instruments take the form of actions which make repayable investments in enterprises, particularly small and medium-sized enterprises (SMEs), and in public-private partnerships. When the Structural Funds finance operations comprising financial engineering instruments, a business plan must be submitted by the cofinancing partners or shareholders.
Provisions implementing Regulation (EC) No 1080/2006
The present Regulation lays down specific rules concerning the eligibility of expenditure on housing and the eligibility of operational programmes for the European territorial cooperation objective.
Context
The ERDF and the ESF ("Structural Funds") and the Cohesion Fund cofinance projects implemented at regional and local level. The structural funds particularly aim at increasing economic competitiveness, improving employment and strengthening social and economic cohesion between the European regions.
References
Act |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EC) No 1828/2006 |
7.3.2007 |
- |
OJ L 45, 15.2.2007 |
Amending Act(s) |
Entry into force |
Deadline for transposition in the Member States |
Official Journal |
Regulation (EC) No 846/2009 |
13.10.2009 |
- |
OJ L 250, 23.9.2009 |
Regulation (EC) No 832/2010 |
23.9.2010 |
- |
OJ L 248, 22.9.2010 |
Last updated: 08.06.2011