ENI Regulation and CBC Implementing rules for the period

Transcription

1 ENI Regulation and CBC Implementing rules for the period February 2012 Kirkenäs Bodil Persson (DG DEVCO) 1

2 Where are we today with the ENPI CBC Programmes? After long delays the programmes are finally in the implementation phase and over 2000 porject proposals have been submitted within the different Call for Proposals 13 programmes operational along the external border (2 Spain-Morocco programmes cancelled) The programmes are now in the phase of 2 nd /3rd and even 4th Call for Proposals (Kaliningrad programme excluded) 40 Large Scale Projects submitted for the Commission s approval Over 500 projects approved and 140 contracts signed

3 Preparation of the future CBC programmes - Opinions of the Stakeholders Process officially launched during a CBC Conference in Brussels in February 2011 Stakeholders consulted on the future regulatory framework (including on the CBC Implementing Rules) on the basis of a questionnaire circulated in May/June 2011 by INTERACT Further consultative meetings in September 2011 with Member States in Brussels and with all stakeholders in Budapest on October 2011 (INTERACT conference). Meetings and consultations organised by MS: Finland (June) and Poland (August) Meeting in Helsinki December 2011 All types of informal contacts 3

4 Result of Consultations Opnions expressed to be fed into the new legal framework Are taken into consideration: legal constraints ( eg. New financial regulation) Need for a coherent approach (alignment with the draft IPA and ERDF regulations) and environment specificities (cooperation with third, noncandidate countries). Draft ENI Regulation adopted by Commission 7 December 2011

5 General CBC provisions in the ENI Cross-Border Cooperation (CBC) programmes along the external borders of the EU will be continued in Aim: Improvement of the CBC provisions to facilitate effective and fast implementation of the programmes Financing: to allocate up to 5 % of the ENI financial envelope (EUR 18.2 billion) to the CBC The rest depends upon the ERDF contribution and the national co-financing

6 Main changes in the Regulation CBC has been a distinct feature of the relationship between the EU, ENP partners and Russia and will continue to be so: - implementing joint initiatives with a common set of rules on both sides of the EU external border. Consultations with stakeholders identified the need for changes having an impact on the Regulation. These include: - full application of shared management, - involving Participating countries and Managing Authorities as signatories of Financing Agreements; - specific rules for co-financing by partner countries; - specific status of Russia. Far-reaching changes will need to be made to the Commission Regulation laying down the CBC Implementing Rules, mainly with regard to management methods.

7 Specific relation with Russian Federation Given the significant changes in Russia s fiscal position, there is less need for financial assistance. Russia has become a donor itself. Russia is co-financing CBC programmes. Under the ENI Russia will remain eligible only for the multicountry programmes

8 Geographical eligibility Geography: tbd. Similar coverage as in the present period but some changes. Border regions of the EEA, of the Russian Federation and of Candidate countries will be eligible for cooperation The Cross-Border Cooperation programmes can be established: o o o for land borders for maritime borders, around a sea basin

9 Programming Document (old SP) A programming document will provide : (a) (b) (c) (d) strategic objectives list of the joint operational programmes (JOPs) indicative multi-annual allocations to each joint operational programme; territorial units eligible to participate in each JOP, and the adjacent regions and centres; The document shall cover a period of seven years (reviewed at mid-term or whenever necessary)

10 Allocation of funds ENI JOPs shall be co-financed by the ERDF. This contribution shall be determined pursuant to Article 4(4) of European Territorial Co-operation Regulation (MS + Commission). The Instrument for Pre-Accession (IPA) may co-finance joint operational programmes to which countries eligible under it participate. The indicative allocations of funds to the JOPs shall be based primarily on the population of the eligible areas. (other factors may be taken into account, e.g. intensity of cooperation, the specific characteristics of border areas, their capacity to manage and absorb Union support)

11 Management JOPs shall, in principle, be implemented in shared management with Member States. Participating countries and international organisations may also propose implementation in indirect management The Commission shall satisfy itself on the basis of information that the MS in case of shared management, or the partner country or the international organisation in case of indirect management, have set up and operate management and control systems that comply with the Financial Regulation, this Regulation, and its implementing rules. Member States, partner countries and international organisations concerned shall ensure the effective functioning of their management and control system and the respect of the principle of sound financial management. They shall be responsible for the management and control of the programmes.

12 Basis for the drafting of the IR management mode: Shared management or «Indirect management» Both management modes will imply more financial responsibilities both for MS and PCs. MOUs will be established. selection process: Project selection according to rules developed by the participating countries in the description of M&C system respecting basic principles (confidentiality, transparency, evaluation report etc) and compliant with FR. 12

13 Basis for the drafting of the IR Procurement: Procurement (at MA and Project level): OPTION 1: Alignment with IPA OPTION 2: Procurement according to Annex IV of the PraG (national rules) Large Scale Projects: Strict definition of LSPs and Identification of LSP only in JOPs Only a limited percentage of the EU contribution can be dedicated to LSP (30%) Financial mechanism: blending 13

14 Basis for the drafting of the IR Cofinancing: Specific implementing modalities and increased flexibility for programmes with co-funding (level to be defined) project audit: earmarking OR joint audit missions? recovery: co-financing country carries out the recoveries on its own territory 14

15 External cooperation elements Elements kept: -Project (and programme) pre-financing - N+3 decommitment rule - Single set of rules at project level Addition of: - Eligibility of preparatory costs at project and programme levels (proposed in the ENI) 15

16 ENI CBC Timetable Programmeing document: Draft end 2012 for adoption in 2013 Draft IR to be finalised in the course of 2012 for adoption in In parallel with IR drafting: o information sessions to be organised for partner countries so that their new obligations are understood; o Preliminary discussions on programme contents and structure among participating countries and managing authorities.

17 Thank you for your attention