OP Italy-Malta

Transcription

1 Annex D European Regional Development Fund European Territorial Cooperation CCI 2007 CB 163 PO 037 OP Italy-Malta MANUAL OF THE OPERATIONAL PROGRAMME June 2011

2 INDEX INTRODUCTION...3 ABBREVIATIONS ITALY-MALTA OPERATIONAL PROGRAMME GENERAL OBJECTIVES AND PRIORITY AXES ELIGIBLE AREAS SPECIFIC OBJECTIVES OP FINANCIAL ALLOCATION COOPERATION STRUCTURES Project generation TYPES OF PROJECTS Ordinary Projects Strategic Projects Minimum Project Characteristics Project Partnership Beneficiaries Legal status of the beneficiaries COMPOSITION OF THE PARTNERSHIP THE LEAD PARTNER budget and financial allocation (ERDF and NC) IN THE ADJACENT NUTS III REGIONS (LIMIT OF 20%) Participation of private partners PROJECT GENERATION Project cycle managment (PCM) The logical framework approach THE PROJECT WORKPACKAGES Outputs, Results AND programme indicators presentation of THE project PROPOSAL PROJECT presentation kit PROCEDURES TO SELECT PROJECT SELECTION PROCEDURES CALL FOR PROJECT PROPOSALS NEGOTIATED PROCEDURE SELECTION CRITERIA TOOLS for VERIFICATION AND EVALUATION TRANSVERSAL EVALUATION CRITERIA TYPES OF VERIFICATION AND EVALUATION SELECTION CRITERIA FOR CALL FOR TENDERS FOR ORDINARY PROJECTS Selection criteria for negotiated procedure of strategic projects... 46

3 4. OPERATION MANAGEMENT PROJECT START-UP PROJECT MANAGEMENT ADVANCE payment for initial expenses Work procedures among partners the decision MAKING process Automatic De-commitment project Financial control Statement of Expenditure and First Level control VERIFICATION OF EXPENSES AND REIMBURSEMENT REQUEST MONITORING OF THE ACTIVITIES duties of the Beneficiaries in terms of information and PUBLICITY SECOND LEVEL CONTROL ELIGIBILITY OF expenses GENERAL PRINCIPLES EXPENSE ELIGIBILITY ITEMS OF EXPENDITURE Preparation Costs INTERNAL STAFF EXPERTS AND CONSULTANTS Missions meetings EQUIPMENT INFRASTRUCTURE INFORMATION AND PUBLICITY FIRST level control costs GENERAL EXPENSES VAT INCOME GENERATED BY THE PROJECT DE MINIMIS REGIME MODIFICATION OF THE ITEMS OF EXPENDITURE

4 INTRODUCTION The Manual to implement the Operational Programme Italy Malta (OP manual) is a tool for final beneficiaries in order to assure them a clear understanding of the cooperation structures foreseen by the OP, the procedures to generate, present, manage and close project operation, the rules for monitoring and control of the planning operation and finally the regulations in the field of information and publicity. The present manual has been implemented with regards to: European legal basis o COUNCIL REGULATION (EC) No 1083/2006 of 11 July 2006 laying down general provisions on the European Regional Development Fund, the European Social laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund and repealing Regulation (EC) No 1260/1999 o COUNCIL REGULATION (EC) No 1341/2008 of 18 December 2008 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund, in respect of certain revenue generating projects; o COUNCIL REGULATION (EC) No 284/2009 of 7 April 2009 amending Regulation (EC) No 1083/2006 laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund concerning certain provisions relating to financial management; o REGULATION (EC) No 1080/2006 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 5 July 2006 on the European Regional Development Fund and repealing Regulation (EC) No 1783/1999; o REGULATION (EC) No 397/2009 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 6 May 2009 amending Regulation (EC) No 1080/2006; o 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; o COMMISSION REGULATION (EC) No 846/2009 of 1 September 2009 amending Regulation (EC) No 1828/2006 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; o COMMISSION DECISION C(2008) 7336 of the 27 November 2008 adopting the operational programme "Italy- Malta " for Community structural assistance from the European Regional Development Fund under the European territorial cooperation objective in Malta and Italy o DIRECTIVES 2004/17/EC and 2004/18/CE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 31 March 2004 coordinating the procurement procedures of entities operating in the water, energy, transport and postal services sectors; o European legislation laying down general provisions on the State Aid; Italian legal basis 3/73

5 o La Delibera CIPE n. 174 del 22 Dicembre 2006 recante disposizioni relative all approvazione del Quadro Strategico Nazionale (QSN) ; o La Delibera CIPE n. 36 del 15 Giugno 2007 recante disposizioni relative alla definizione dei criteri di cofinanziamento pubblico nazionale degli interventi socio/strutturali comunitari per il periodo di programmazione ; o La Delibera CIPE n. 158 del 21 Dicembre 2007 recante disposizioni relative all attuazione del Quadro Strategico Nazionale (QSN) Obiettivo di cooperazione territoriale europea a definizione dei criteri di cofinanziamento; o Il Decreto del Presidente della Repubblica D.P.R. 3 ottobre 2008, n. 196 Regolamento di esecuzione del regolamento (CE) n. 1083/2006 recante disposizioni generali sul fondo europeo di sviluppo regionale, sul fondo sociale europeo e sul fondo di coesione; o DPR del 3 ottobre 2008 n. 196 (G.U. n. 294 del 17 dicembre 2008), Regolamento italiano di attuazione del Regolamento (CE) n. 1083/2006. Decreto del Presidente della Repubblica 3 ottobre 2008 n. 196 Regolamento di esecuzione del Regolamento (CE) n. 1083/2006 recante disposizioni generali sul FESR, FSE e sul Fondo di Coesione. o Legge del 13 agosto 2010, n.136 e ss. mm. ii. relativa al Piano straordinario contro le mafie, nonché delega al Governo in materia di normativa antimafia (G.U. N. 196 del 22 Agosto 2010); o Decreto legislativo 12 aprile 2006 n. 163»Codice dei contratti pubblici relativi a lavori, servizi e forniture in attuazione delle Direttive 2004/17/CE e 2004/18/CE«e ss.mm.ii; o Legge n. 248 del 4 agosto 2008 in materia di appalti pubblici; o La Circolare n. 23 del 31 luglio 2008 del Ministero dell'economia e delle Finanze recante disposizioni relativamente alle procedure di gestione finanziaria degli interventi dell Obiettivo cooperazione territoriale europea per la programmazione ; o Il manuale Caratteristiche generali del sistema nazionale controllo dei programmi dell Obiettivo cooperazione territoriale europea redatto dal Ministero dell Economia e delle Finanze Ragioneria dello Stato IGRUE Giugno Normativa Regionale o Legge Regione Siciliana n. 7 del 2 agosto Norme in materia di opere pubbliche; o Legge n. 20 del 21 agosto 2007 Modifiche e integrazioni alla legge 11 febbraio 1994, n. 109, come introdotta dalla legge regionale 2 agosto 2002, n. 7 e successive modifiche e integrazioni, recante norme in materia di lavori pubblici. Disposizioni in materia di finanziamenti agevolati e contributi del POR Sicilia o Legge Regionale legge 29 dicembre 2010 n.24 pubblicata sul Supplemento Ordinario n.1 alla GURS n.57 del 31 dicembre With specific reference to the Republic of Malta (as updated) o National Strategic Reference Framework (Malta) o National Eligibility rule for Territorial Cooperation Programmes o Territorial Cooperation Programmes Publicity Guidelines for Maltese beneficiaries o Public Procurement Regulations (Legal Notice 296/2010) o Public Procurement of entities operating in the water, energy, transport and postal services sectors regulations (Subsidiary Legislation ). 4/73

6 o De Minimis Regulation (Regulation (EC) No 1998/2006); o Chapter 456, Equality for Men and Women Act, Legal Notice 85/2007, Equal Treatment of Persons Order and Legal Notice 181/2008, Access to Goods and Services and their Supply (Equal Treatment) Regulations; o Voluntary organisation Act chapter 494 of the laws of Malta; o Local councils Act chapter 363 of the laws of Malta; o Subsistence allowance MFEI Circular n. 01/2008; 5/73

7 ABBREVIATIONS AA CA MA AF MNCA EXC MC EC NC ERDF IGRUE LP CP OP PP MCS IS JTS EU Audit Authority Certifying Authority Managing Authority Application Form Maltese National Coordination Authority Executive Committee Monitoring Committee European Commission National co-financing contribution European Regional Development Fund Ispettorato Generale rapporti Unione Europea Lead Partner Communication Plan Operational Programme Project partner Management and Control system Information system Joint Technical Secretariat European Union 6/73

8 1. ITALY-MALTA OPERATIONAL PROGRAMME 1.1 GENERAL OBJECTIVES AND PRIORITY AXES The OP Italy-Malta is the evolution of the Community Initiative Programme Interreg III A Italy-Malta Taking into consideration both the cohesion policies envisaged by the European agenda and in particular the new Objective 3 - European Territorial Cooperation and the needs of the cooperation area, the OP aims at achieving the following general objective: STRENGTHENING THE ATTRACTIVENESS AND THE COMPETITIVENESS OF THE CROSS-BORDER AREA, WITHIN A FRAMEWORK OF ENVIRONMENTAL SUSTAINABILITY The general objective has been identified in the priorities as outlined below: PRIORITY AXIS I: Competitiveness: Research and Innovation; Sustainable Development The general objective of the axis aims at the promotion of research and innovation guaranteeing the exploitation of natural and cultural resources with models of sustainable tourism. The axis strategy contributes to improve the system of cross-border accessibility as well as take action related to the strengthening of Italian-Maltese institutional partnerships. PRIORITY AXIS II: Environment, Energy and Risk Prevention The general objective of the axis aims at the promotion of cooperation in the field of energy, risk prevention and the management of environmental strategies in order to render more efficient the management systems of water resources and waste and to improve the prevention of natural and anthropogenic risks. An objective of this axis will be the promotion of the cooperation measures that are necessary for the development and the dissemination of renewable energy as well as energysaving initiatives, including the testing and adoption of best practices and innovative solutions for the protection and eco-efficient management of the territory and the common prevention and management of risks. PRIORITY AXIS III: Technical Assistance, Awareness, Communication and Publicity The general objective of the axis aims at securing a high quality level of management, surveillance and control of the Operational Programme by involving the entities and authorities provided for by Regulation EC/1080/ /73

9 1.2 ELIGIBLE AREAS The eligible areas of the Cross-border Cooperation Programme Italy-Malta are the following: I. NUTS III areas which enjoy physical proximity (eligible for financing in terms of article 7(1) of Reg. EC/1083/2006) Areas in Sicily The regional Provinces of Agrigento, Caltanissetta, Ragusa, Siracusa and Trapani. Areas in Malta The entire state of Malta (which includes the islands of Malta, Gozo and Comino). II. NUTS III adjacent areas (eligible for financing in terms of article 21(1) of Reg. EC/1080/2006) The regional Provinces of Catania and Palermo. In respect to the implementation of strategic projects the possible utilization of funds in terms of article 21(1) second part of Regulation EC/1080/2006 will also be considered. 1.3 SPECIFIC OBJECTIVES In line with the approved OP, the programme axis intends to reach the following Specific Objectives: 1.1 Supporting research and innovation in order to promote sustainable development paths The promotion of research and innovation through the strengthening of collaboration between public entities, research institutions, Universities and enterprise organizations, represents the fundamental conditions to consolidate the competitiveness of the crossborder area. In order to give a concrete added value to innovation projects for competitiveness, cross-border cooperation should aim at spreading the knowledge society over the cooperation area and at creating cross-border networks for innovation, in order to help strengthen the connection between businesses and centres of excellence. This strategic plan is expected to create networks of cooperation between research and business, strengthen the development of international technologic centres, contribute to the integration of human resources, enhance scientific competences, as well as to encourage the dissemination and application of innovation also in the tourist, handcraft and services fields and in general in all the priority sectors of the programme. When considering the relevant amount of research and innovation structures present in the programme area, one realises the need for promoting: the creation of scientific and technological networks, to maximize synergies and enhance capacity for research and innovation; the promotion of partnerships among knowledge producers; the increase in the degree of internationalization of the competence centres; the joint development of new applied research capabilities; and the exploitation of the excellence s experiences that can be made available to the productive systems. Towards this end, the development of joint cross-border projects strongly-oriented towards innovation that, in turn, would include a strong involvement of the private sector s enterprises, such as businesses and women's business associations, will be essential 1.2 Improving cross-border accessibility and reinforcing transport systems that are more environmentally friendly 8/73

10 In order to guarantee the optimization and improvement of the connection system in aviation and maritime transport, with the full involvement (including financial resources wherever possible) of the operators and the institutions in the sector of transport and logistics, the programme strategy identifies within this specific objective the encouragement of a general improvement in the internal and external accessibility of the Italian-Maltese port and airport system, in a framework of environmentally sustainable development. The strengthening of the accessibility structures assumes great importance in the attainment of significant results in the field of sustainable tourism development, also due to the presence of minor islands (e.g. the archipelagos of Sicilian minor islands and the island of Gozo on the Maltese territory) which, because of their "double insularity" present major disruption in the connection systems of the transport network at local/global level. Some accessibility problems of the cooperation s territories are of crucial importance for the development of certain areas that are at risk of being marginalized by the development processes related to tourism. The Programme can represent a concrete opportunity for the development of more environmentally friendly air and sea connections, through a system of infrastructural endowment (material and intangible) of the area, directed at a sustainable policy for transport, as a fundamental prerequisite for promoting the tourist industry. The presence of marinas assumes particular importance also in this framework, although appropriate interventions for improving the efficiency, through networking actions, of management, safety and offer qualification, may be necessary. The possibility of providing the area with networks, fits into the context of the strategy for the improvement of connections (including telematics) of both main islands (Sicily and Malta) with their respective minor islands, making it possible to reduce the hardships related to problems of accessibility and contribute towards the improvement in the quality of life of the disadvantaged areas and its inhabitants. 1.3 Contributing to the improvement of the integrated tourist offer in the cross-border area Tourism is a leading sector of the economy of the cross-border area, also in terms of employment; among other things, it is characterized by significant growth rates on both sides of the cooperation area and has further potentialities of development. However, at present, the offer is oriented towards traditional forms of tourism promotion, with common problems of seasonal flows and the need to raise the quality standards and the supply s diversification. The development of joint actions to promote tourism and territorial marketing is another fundamental element of the specific objective aimed at the integration and the contextual conversion of the tourist offer system of the cross-border area. The first requirement is to intervene in the sphere of promotion of the tourism image, through specific communication campaigns that show how many territories - characterized by separate tourist offers and, in many cases, competitive on the same market segments - aiming at the tourist fruition of natural and cultural resources, intend to offer an integrated tourist offer, based on environmental sustainability criteria. Closely related to this issue, is the realization of specific initiatives, through which the different packages linked to the integrated itineraries and those related to relational tourism can be placed concretely on the international tourist market. Towards this end the promotion of the minor islands common specificities assumes particular importance. Also, in pursuit of this strategic objective, the interventions contemplated should target the promotion of an extended tourist stay and the diversification of seasonality flows. Such initiatives can contribute towards the strengthening of connections and at networking functions and services. 1.4 Contributing to the strengthening of cross-border institutional partnership in the areas identified under Priority Axis I The strengthening of the cross-border institutional partnership in the sectors relative to Priority Axis I contribute to fulfill the specific objective to ensure transversal and integrated development policies that will be realized with other programmes and instruments. In order to define and include public services in a competitive plan of the cross-border area, it is also necessary to implement actions aimed at: the creation of institutional networks (e.g. towns, regions, associations); the realization of joint initiatives aimed at improving the accessibility to public services that impact positively on the quality of life (e.g. hospitals, cultural resources, services), or increasing the exploitation of opportunities for citizens and businesses (e.g. universities, services for enterprises, research centres, informative services). Interventions promoted in the sphere of this Axis will also contribute to the creation of networks among the main actors of local development, designed to improve access to services for businesses and local institutions. In line with this perspective and in addition to the propaedeutic system s actions at the institutional level, specific interventions will be instituted in order to involve directly the stakeholders in temporary reception of the immigrants transiting in the cross-border area, thus guaranteeing coordinated actions in policies relative to the management of reception and transition activities. 9/73

11 2.1 Contributing to the protection of the environment through the safeguarding, valorisation and monitoring of natural resources The exploitation and monitoring of the cooperation area s natural and cultural resources is a key component of sustainable environmentally friendly development. In terms of natural and cultural resources, the cooperation area has a rich heritage of international repute, with several sites of cultural interest and a widespread distribution of cultural and environmental heritage, generally not well-known and located in inland areas or only partially exploited. The eligible area features a similar situation in respect of the main descriptive features of the state of the environment. Indeed, the territory is affected by common criticalities, which are especially relevant to the natural resources management. In this regard, the actions are intended at ensuring appropriate conditions for sustainable development of the natural resources, good levels of environmental services for the population and the enterprises (e.g. water services and water supply), as well as development in limited areas (e.g. minor islands and protected natural areas) can be ascribed to this Objective. 2.2 Contributing to the development of renewable energy and energy efficiency The current dependence of the eligible area s energy system on traditional energy sources is associated with strong development potentialities for the renewable energy sources, on both sides of the cross-border area. At the moment, this opportunity is scarcely used but can be one of the sustainable development solutions for limited areas of high naturalness (e.g. minor islands and protected natural areas), where renewable energy will be able to make a significant contribution to the sustainable development of these areas, also for the purpose of including them in a context of tourism development. The Objective is aimed at spreading the most innovative technical solutions, already available in the field of energy supply systems and energy efficiency, on the territory of the cross-border area. Likewise, it also intends to test the transferability and applicability of innovative solutions adopted in other European territories in the interested cooperation area, seeking to capitalize in the cooperation area the experiences obtained in other contexts and from the previous cooperation Programme. Similarly, in the same sector, coordinated initiatives can be developed in the field of institutional cooperation among bodies responsible for regional policies, such as networks between managers of parks and natural sites, whose mission is the development of sustainable tourism through the use of renewable energy sources and energy saving applications. The current dependence of the eligible area s energy system on traditional energy sources is associated with strong development potentialities for the renewable energy sources, on both sides of the cross-border area. At the moment, this opportunity is scarcely used but can be one of the sustainable development solutions for limited areas of high naturalness (e.g. minor islands and protected natural areas), where renewable energy will be able to make a significant contribution to the sustainable development of these areas, also for the purpose of including them in a context of tourism development. The Objective is aimed at spreading the most innovative technical solutions, already available in the field of energy supply systems and energy efficiency, on the territory of the cross-border area. Likewise, it also intends to test the transferability and applicability of innovative solutions adopted in other European territories in the interested cooperation area, seeking to capitalize in the cooperation area the experiences obtained in other contexts and from the previous cooperation Programme. Similarly, in the same sector, coordinated initiatives can be developed in the field of institutional cooperation among bodies responsible for regional policies, such as networks between managers of parks and natural sites, whose mission is the development of sustainable tourism through the use of renewable energy sources and energy saving applications. Finally, the cross-border area has the ambition to promote scientific cooperation on stable foundations, supporting, for example an ad hoc strategic project for the creation of a truly Italian- Maltese common research centre, open, in the future, to other Mediterranean countries such as Tunisia (with which a specific Cooperation Programme is in the course of preparation). This initiative may constitute a privileged centre of reference for southern Mediterranean countries for the development of research and innovation units devoted to sustainable development, and in particular in addressing topics of energy production and the raising of ecoefficiency standards in the local productive systems, as well as the prevention of natural hazards and the fight against desertification in line with the other specific objectives of Axis II 2.3 Promoting joint actions in the sphere of prevention of risks resulting from both natural and human causes 10/73

12 Safeguarding the environment against natural and technological risks and the dissemination of joint systems of risk prevention, represent key elements in guaranteeing a sustainable and harmonious development in the cross-border area which is partly liable to geological instability, flooding, coastal degradation, forest fires and seismic events. Similarly, the transportation of hazardous material via the road network but especially via sea transport represents a technological risk which has to be taken into consideration vis-à-vis a development plan of the cross border area and its management through interventions which include the coordination of various responsible entities in different sectors. At the same time, initiatives supporting information dissemination, through the public administration of the cross-border area, have to be carried out showing best practices and management models that have already shown their efficiency with regard to the prevention of natural and anthropological risks. In line with the previous specific objectives of Axis II, specific attention will be dedicated to the promotion of actions on the management of waste in the cross border area. It is also worthy to mention that the peculiar geographic configuration of the cooperation area - characterized by the presence of minor islands ("double" insularity), urban and rural areas requires that certain policies are designed to address the development of the capacity required to coordinate in a joint manner the sanitary, environmental and food risks of the cross-border area. 2.4 Contributing to the strengthening of cross border institutional partnership in the areas identified under Priority Axis II Due to its horizontal policy characterization, this environmental theme lends itself no doubt to the capitalisation of experiences in institutional cooperation. The transversality of the environmentally-sustainable policies confers on the institutional and partnership cooperation an essential role, considering that the implementation of environmentally friendly actions calls for all interested parties, to work together on the development of environmental interventions, based on vertical (e.g. waste-water - ground-air) and horizontal (e.g. air-transport-sme-energy) integration. Institutional cooperation is particularly important for the specific environmental profile of the Programme, which bases its intervention s strategy on policies that are consistent with the principles of environmental sustainability. The dissemination of experience in methodological tools, management and partnership models, is a great opportunity to harmonize the institutional paths, consolidate the administrative processes and simplify technical and financial procedures. To this end, the Axis purpose is to strengthen the actions aimed at raising the quality of cooperation among the cross-border area s institutions. 11/73

13 1.4 OP FINANCIAL ALLOCATION Priority Axis ERDF (a) National cofinancing contribution (b)= (c)+(d) Indicative division of the National co-financing National public funds (c) National private funds (d) Total funds (e)=(a)+(b) Co-financing rate (f)=(a)/(e) PRIORITY AXIS I (49%) % PRIORITY AXIS II (45%) % PRIORITY AXIS III (6%) % TOTAL ERDF % 12/73

14 1.5 COOPERATION STRUCTURES Monitoring Committee Executive Committee Audit Authority Managing Authority Certifying Authority Maltese National Coordination Authority (MNCA) Joint Technical Secretariat (JTS) For more information about the functions of the structures above mentioned you are kindly requested to refer to paragraph 6.1 of the OP Italy-Malta /73

15 2. PROJECT GENERATION 2.1 TYPES OF PROJECTS ORDINARY PROJECTS Precise proposals involving at least three partners, originating from Sicily and Malta, relating to a well-defined theme which in-turn progetti is ordinari linked coherently to one specific objective of a priority axis of the Operational Programme. The partners commit themselves reciprocally through a Partnership Convention, to be coordinated by a Lead Partner that will represent the entire partnership in the fulfillment of the Programme. Ordinary projects can have a budget allocation between a minimum of 300, and a maximum of 1,500, The Programme rules with regards to the implementation of the ordinary projects have foreseen the call for tender procedure approved by the Executive Committee. An abstract of the call for project proposals, that includes also the website link where to download the official documentation, is published in the Official Gazette of the Region of Sicily. MA will give evidence and publicity on the programme website the website of the regional Planning Department and the website of the PPCD With regard to the tasks of the Executive Committee and in particular at the time of voting for a project, it must be ascertained that any appraisal and/or decision of the EXC will be devoid of prejudices and will not be influenced in any manner whatsoever by personal interest on the part of any member of the said Committee. In case there is a conflict of interest (e.g. personal involvement and/or financial interest in any project) the interested member must inform the Chairman of the EXC at the start of the meeting. The representative concerned shall be excluded from the decisionmaking process in respect of the item that concerns him/her. For the selection procedure see chapter 3 of the manual STRATEGIC PROJECTS Proposals of considerable magnitude with respect to the programme s strategy and which impact on a wider selection of the cross-border area. Such projects are intended to study in depth common problems and/or evaluate the development potential of particular fields and sections considered strategic. The responsible Administration for the Operational Programme and the Maltese national coordination Authority will guarantee the proper implementation of the strategic projects by defining the thematic areas as well as the financial allocations each time a public call for proposals is launched. The promoters of such projects can vary from Public Territorial Entities, Regional Departments and/or Central Maltese Administrations and Public Entities, as well as public equivalent organizations, depending on the thematic area being proposed. Strategic projects can have a financial allocation between a minimum of 1,500, and a maximum of 2,500, The programme rules with regards to the implementation of the strategic projects have foreseen a negotiating procedure approved by the Executive Committee. An abstract of the call for project proposals, which also includes a link to the website from where to download the official documentation, is published in the Official Gazette of the Region of Sicily. The MA will promote and publicise the call on 14/73

16 the programme website the website of the regional Planning Department and the website of the Maltese National Coordination Authority (PPCD) Each project proposal should respect the following: give a substantial contribution to the attainment of the objectives of the Programme and it should have a significant and sustainable impact on the area covered by the Programme in areas identified by the MC; tackle themes with a clear strategic value for the area involved, and in particular the cross-border area; having a real cross-border character, both in terms of impact and in terms of partnership (with the participation of at least two partner, one Italian and one Maltese, with shared responsibilities for the activities during the implementation of the project); comply with at least two requirements as defined in Art. 19 of the (EC) Regulation no. 1080/2006: joint development, joint implementation, joint staff and joint financing (see paragraph 2.2 of this Manual); guarantee the continuation of the cooperation between the partners, even after the closure of the project, for example through the establishment of permanent networks and cross-border organizations; ensure visible and long-term effects and results; having been drafted and implemented by partners that have an adequate level of knowledge in the themes tackled by the project and that can guarantee the attainment of foreseen objectives and results. The project proposals have to be submitted through an Application Form which will be accompanied by adequate Guidelines for applicants. Each project will have to make reference to a single measure among those outlined by the OP, while the request for public financing of the project cannot exceed the 2.5 million threshold. For the selection procedure proceed to chapter 3 of this Manual. 15/73

17 2.2 MINIMUM PROJECT CHARACTERISTICS As provided in Art. 19 of Reg. (EC) 1080/06, projects (ordinary and strategic) must be designed to meet at least two of the following criteria: TERMS OF COOPERATION Joint Development Joint Implementation Joint Staff Joint Financing Partners and the Lead Partner have jointly produced the design, preparation and finalization of the project proposal through technical meetings and/or operational meetings Partners and the Lead Partner take part in the implementation of cross-border project activities through the identification of their respective duties and roles. This division of roles and tasks will always take into account the technical and institutional specificity of the partners as well as their cross-border character Partners and the Lead Partner have determined that the project does not create overlapping or duplications of the roles and tasks of the personnel of each partner. Accordingly, in line with the concept of Lead Partner, the positions of Project Coordinator and Financial Manager will be created. They will work on behalf of the entire partnership through the Lead Partner s structure in the area of WP 1 Management and Coordination Partners and the Lead Partner, individually and jointly, have a financial plan for the project and funds are allocated to all of the partners. The funding is divided between the Sicilian and Maltese partners in a manner appropriate to their activities and results to be achieved. Accordingly, in line with the principle of joint implementation, it will be the responsibility of the partner which finalizes the results (in advertisement, publications, brochures etc.) to provide for their distribution to the partnership; this method will avoid replicating and/or duplicating activities already financed by the budget of another partner. 2.3 PROJECT PARTNERSHIP BENEFICIARIES Participation in the Programme is open to beneficiaries who have their principal and/or secondary offices, including administrative functions, in the eligible Programme area as described in paragraph 1.2 of this Manual. In accordance with the Operational Programme, the list of eligible beneficiaries for each Priority Axis is as follows: Priority Axis 1: Central and local governments, Universities, Research Centres and Consortia, Managing Authorities of protected areas, Port and maritime authorities, Airport authorities, Public and private tour operators, SME organizations. Priority Axis 2: Central and local governments, Universities, Research Centres and Consortia, Managing Authorities of protected areas, Port and maritime authorities, Consortia and agencies for local development. It is understood that the Lead Partner, proponent of the project proposal, will be an eligible beneficiary of each Priority Axis but enjoy the legal status of a public entity as specified in the following section /73

18 2.3.2 LEGAL STATUS OF THE BENEFICIARIES Beneficiaries in order to take part in the programme must be have one of the following status: Public entity Public Equivalent Entities Non-profit organization Regional and local authorities (local, provincial, regional and central administrations) and non-regional or local authorities (universities, regional consortia, central state institutions etc.), recognized as such by Italian and Maltese national law, respectively. In line with the provisions specified in Art. 1 par. 9 of EEC Directive 2004/18, according to which a body governed by public law is any body a) established for the specific purpose of meeting needs in the general interest, not having an industrial or commercial character; b) having legal status and c) I. financed, for the most part, by the State, regional or local authorities, or other bodies governed by public law; or II. subject to management supervision by those bodies; or III. having an administrative, managerial or supervisory board, more than half of whose members are appointed by the State, regional or local authorities, or by other bodies governed by public law. Private bodies and organizations, formally constituted, which, not having the purpose of financial gain, and not being intended for making profits, reinvest the profits entirely for organizational purposes. In principle, the elements necessary for a non-profit organization are listed below: 1) A formal constitution; 2) Private legal status; 3) Self-government; 4) The absence of profit distribution; 5) The presence of a certain amount of voluntary work i 6) The pursuit of social interests as the ultimate goal. Their status as a non-profit organization must be recognized under existing Italian and Maltese state regulations 1 Private Entities An organization and/or body whose objective is to make a profit by industrial or commercial means, according to existing Italian and Maltese state regulations, respectively; For more information see, for Italy, Classificazioni delle forme giuridiche delle Unità legali published by the Sistema Statistico Nazionale Istituto Nazionale di Statistica, and for Malta, the classifications of the Business Register for Malta of the National Statistics Office of Malta COMPOSITION OF THE PARTNERSHIP 1 For Malta, non-governmental organizations (NGOs) must be registered under the Voluntary Organisations Act, chapter 492 of the Laws of Malta 17/73

19 Project proposals will be presented by Italian and Maltese subjects that constitute the project partnership with a unique Lead partner of the project. In the OP Italy Malta, it has been stated, as a minimum condition, that an ordinary project is constituted by three partners originating from the eligible area of the programme. While for strategic project a minimum of two partners originating from the eligible area of the programme are requirement.. In line with Art. 2(4) of the European Regulation 1083/2006 the Lead Partner and the other partners, after the project approval, become final beneficiaries of the operation and they are the public and private structures with a formal constitution that: have signed the partnership agreement among partners; have been indicated in the Application Form and after the project approval into the subsidy contract; Carried out activities and expenditures (purchase of equipments and tools, external services, and so on); received ERDF funds and they are responsible for their utilization; Project Partners accepted the technical and administrative coordination by the LP allowing it to accomplish its duties as agreed with the MA and the CA. Furthermore, they accepted to: smoothly answer to an official request of the LP and give him information and integrative documents if they are requested for a formal procedure; communicate to the LP the consent to reshape the project in accordance with MC decisions; carried out activities in line with the time table foreseen into the last approved application form; regularly send information to the LP about the projects physical, administrative and financial development to implement the monitoring and control system; responsible of the ERDF reimbursed by the LP THE LEAD PARTNER The Lead Partner has a special role, in which it: takes responsibility for the project in relation to the Managing and Certifying Authorities; functions as the sole point of reference for the Managing and Certifying Authorities; coordinates the beneficiaries of the project. The Lead Partner, which must be a public entity as referred to in paragraph 2.3.2, presents the application for public funding for the project on behalf of all of the partners and is committed to: responding, as the sole reference point for all partners, to requests for information or changes made by the Managing Authority (MA); informing the partners of the results of inquiries and the decisions taken by the Monitoring Committee (MC) and communicating to the MA acceptance of the changes and conditions adopted; organizing the coordinated launch of the project and ensuring that activities are conducted according to the project schedule; communicating the start date of the project to the Managing Authority; making applications for payment of ERDF funds and transferring them, in full and as soon as possible, to other partners; validating, under Art. 20, letter d) of Regulation 1080/2006, the expenditure declared by each recipient, after verification by first level controllers, before forwarding the request for reimbursement to the MA of the OP; guaranteeing to the Managing Authority the maintenance of a separate accounting system or an adequate accounting code; 18/73

20 regularly providing the Managing Authority with information necessary for the implementation of the monitoring system regarding physical, administrative and financial development; answering for the physical development of the project and, in particular, accounting for the ERDF funds paid to it by the Certifying Authority. In order to carry out the above activities, the Lead Partner of the project proposal must possess adequate: Technical and institutional competences relevant to the project and the objective of the proposed intervention, which must be documented in a list of the Lead Partner s principal areas of activity, highlighting the technical and institutional capacities relevant to the project Competence in project management and partnership coordination which must be certified by information about the structure and organization of the Lead Partner, including a function flow chart and organizational chart, the main equipment and locations for the project Financial capacity able to sustain the financing for the project, ensuring the creation of a budget item dedicated to the project after its approval; it will also be necessary to produce a formal administrative act, enacted by the relevant deliberative body, which indicates a willingness to submit the project proposal and the ability to make a financial commitment to cover the costs of the project BUDGET AND FINANCIAL ALLOCATION (ERDF AND NC) As part of the OP Italy-Malta , projects deemed eligible for financing receive ERDF co-financing equal to 85% of the approved budget for both the Italian and Maltese partners. Each project partner, under penalty of disqualification of the proposal, must guarantee the commitment of the remaining share by the National co-financing (NC), equal to 15% of the approved budget, by means of a declaration of cofinancing. The NC can guarantee their share with their own funds or other local, regional and national public resources. In Italy, the Deliberation of the CIPE n. 36 of 15 June 2007 provides for government-managed transnational and crossborder cooperation programs, the financing of the NC share to be entirely charged to the Revolving Fund as established by L. n. 183/1987, and is insured by the Ministero dell Economia e Finanze - Ispettorato Generale per i Rapporti finanziari con l Unione Europea (IGRUE). Therefore the Italian partners must attest that the coverage of the national public counterpart will be guaranteed with national funds as established by the Deliberation of the CIPE mentioned above ( declarations of co-financing for partners and Lead Partner ). For Malta, co-financing must be guaranteed by each project partner through the commitment of internal personnel costs and/or the availability of their budget. The project budget must be allotted to each individual partner and must meet the real needs of the beneficiary responsible for carrying out certain transactional activities. In principle there are no project budget allocations between Italian and Maltese beneficiaries, but the formal criteria financial section foreseen by the selection criteria approved by the MC, should be respected IN THE ADJACENT NUTS III REGIONS (LIMIT OF 20%) 19/73

21 According to Art. 21(1) first part of the Reg.1080/2006, the ERDF expense in the adjacent areas (provinces of Catania and Palermo) is admissible imposing a ceiling of up to 20% of the ERDF funds of the programme. In order to apply this rule, the OP Italia-Malta considers the location of the beneficiary and, if is possible, the location of the activities. The activities and their location, and the costs for the realization of the estimated outputs will have to be clearly detailed and described in the Application Form in order for the Managing Authority to locate the ERDF expense in the adjacent areas of the Programme. If, in the Application Form the location of the activities is not clearly specified and/or easily detectable according the costs and the type of activity, the principle of the territoriality of the beneficiary will be applied. Outlined below are the possible cases in which the principle of localisation of activities will apply instead of the principle of the location of the beneficiaries. CASE Origin of the beneficiary Location of activity Evidence level/grade of activities and its costs in the AF Principle applied 1 From the cross-border NUTS III areas (Syracuse, Ragusa, Caltanissetta, Trapani and Agrigento, Malta, Gozo and Comino) In adjacent NUTS III areas (Catania and Palermo) Clearly indicated in the AF (ex. Infrastructure easily located and identifiable) The principle of 20% of ERDF is applied 2 From the cross-border NUTS III areas (Syracuse, Ragusa, Caltanissetta, Trapani and Agrigento, Malta, Gozo and Comino) In adjacent NUTS III areas (Catania and Palermo) Not clearly indicated in the AF (ex. a study and/or common endowment useful software for the whole area for which it is not possible to establish a specific location) The principle of 20% of ERDF is not applied 3 From adjacent NUTS III areas (Catania and Palermo) In the cross-border NUTS III areas (Syracuse, Ragusa, Caltanissetta, Trapani and Agrigento, Malta, Gozo and Comino) Clearly indicated in the AF (ex. Infrastructure easily located and identifiable) The principle of 20% of ERDF is not applied 4 From adjacent NUTS III areas (Catania and Palermo In the cross-border NUTS III areas (Syracuse, Ragusa, Caltanissetta, Trapani and Agrigento, Malta, Gozo and Comino) Not clearly indicated in the AF (ex. A study and/or common endowment useful software for the whole for which it is not possible to establish a specific location) The principle of 20% of ERDF is applied 5 From adjacent NUTS III areas (Catania and Palermo) In adjacent NUTS III areas (Catania and Palermo) Clearly indicated in the AF and/or not clearly indicated in the AF The principle of 20% of ERDF is applied The principle of 20% of ERDF refers exclusively to the budget of the beneficiary in question (case 1, 4, 5 of the table) whose the required ERDF share for the funding can not exceed 20% of the ERDF required by the total budget of the project. According the Italy-Malta OP and the Art. 21(1) second part of the Reg.1080/2006, for the strategic project it will be possible to put forward a project proposal with the beneficiary partners which do not belong to the concerned area 20/73

22 of the programme provided that it is possible to document the added value of such beneficiary and to demonstrate that its absence would compromise the achievement of the project s aims PARTICIPATION OF PRIVATE PARTNERS In line with the Operational Programme Italy-Malta , private organizations can participate in the implementation of operations as project partners provided that, in the project proposal documentation, the Lead Partner justifies the value added by the participation of the private partner with adequate reasons and information, declaring that, in its absence, the project proposal could not achieve its stated objectives and thus could not be presented. Therefore, it is understood that the possible participation of private organisations as Lead Partners will render the project proposal inadmissible; in addition, the participation of private partners which have not been adequately justified will result in the exclusion of that partner from the partnership team. A private organisation which takes part in the project as a beneficiary, gets the ERDF funds respecting the rules of de minimis aid (see paragraph 5.2 of this manual), as expected by the EU Regulations 1998/2006/CE, 875/2007/CE, 1535/2007/CE, and cannot anyhow make an own contribution to cover the share of the 15% National co-financing. As a result of this the private partners participation can be accepted given that the hereunder methodology is followed: 1. Italian Private partner the Deliberation of the CIPE n. 36 of 15 June 2007 provides for government-managed transnational and cross-border cooperation programmes, the financing of the NC share to be entirely charged to the Revolving Fund as established by L. n. 183/1987, and is ensured by the Ministero dell Economia e Finanze - Ispettorato Generale per i Rapporti finanziari con l Unione Europea (IGRUE). Therefore the Italian private partners must show that the coverage of their national public counterpart will be guaranteed with national funds as established by the Deliberation of the CIPE mentioned above; 2. Maltese Private partner - it will be necessary that the legal representative of a public partner participating in the same project guarantees the co-financing commitment on behalf of the private partner. The participation of private partners requires compliance with the conditions listed below: 1. The project operations must not be implemented in any way for the benefit of a business, but shall be clearly earmarked for the benefit of the project and partners; therefore, all project operations regarding the acquisition of direct benefits (purchasing machinery, infrastructure, restoration and refurbishment works, etc.) are ineligible; 2. In using allocated funds, private partners must guarantee full respect to the rules of public procurement regarding the generation of expenditures and thus conform to the administrative procedures provided in current Italian and Maltese legislation at the regional, national, and EU level, and to the rules of the OP Italy-Malta It will be the duty of the MA, by means of appropriate inspections, to ensure compliance with the conditions set forth in paragraphs 1 and 2. 21/73