http://www.legislation.gov.uk/id/eudn/2016/1941

Commission Implementing Decision (EU) 2016/1941

of 3 November 2016

amending Implementing Decision 2014/190/EU setting out the annual breakdown by Member State of global resources for the European Regional Development Fund, the European Social Fund and the Cohesion Fund under the Investment for growth and jobs goal and the European territorial cooperation goal, the annual breakdown by Member State of resources from the specific allocation for the Youth Employment Initiative together with the list of eligible regions, and the amounts to be transferred from each Member State's Cohesion Fund and Structural Funds allocations to the Connecting Europe Facility and to aid for the most deprived for the period 2014-2020

(notified under document C(2016) 6909)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to the Regulation (EU) No 1303/2013 of the European Parliament and of the Council of 17 December 2013 laying down common provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund and laying down general provisions on the European Regional Development Fund, the European Social Fund, the Cohesion Fund and the European Maritime and Fisheries Fund and repealing Council Regulation (EC) No 1083/20061, and in particular Article 92(3) thereof,

Whereas:

(1)

By Implementing Decision 2014/190/EU2 the Commission set out, among others, the annual breakdown by Member State of global resources allocated under the Investment for growth and jobs goal and the European territorial cooperation goal, as well as the annual breakdown by Member State of resources from the specific allocation for the Youth Employment Initiative, as referred to in Article 91(2) of Regulation (EU) No 1303/2013.

(2)

In accordance with Article 7(1) of Council Regulation (EU, Euratom) No 1311/20133 and Article 92(3) of Regulation (EU) No 1303/2013 the Commission is to review in 2016 the total allocations of all Member States under the Investment for growth and jobs goal of cohesion policy for the years 2017 to 2020.

(3)

In accordance with Article 7(3) of Regulation (EU, Euratom) No 1311/2013 and Article 90(5) of Regulation (EU) No 1303/2013 the Commission is to review in 2016 the eligibility of Member States for the Cohesion Fund and where a Member State either becomes newly eligible to the Cohesion Fund or loses its existing eligibility, the Commission is to add the resulting amounts to or subtract them from the funds allocated to the Member State for the years 2017 to 2020.

(4)

In accordance with Article 7(3) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013 the Commission is to present the results of those two reviews in its technical adjustment of the financial framework for 2017. On 30 June 2016 the Commission adopted the results of those reviews in its Communication to the Council and the European Parliament4. In the Communication it is mentioned that, on the basis of the most recent statistics, there is a cumulative divergence of more than +/– 5 % between the total and the revised allocations in Belgium, the Czech Republic, Denmark, Estonia, Ireland, Greece, Spain, Croatia, Italy, Cyprus, the Netherlands, Slovenia, Slovakia, Finland, Sweden and the United Kingdom. In addition, it is mentioned that, on the basis of its gross national income (GNI) per capita figures of 2012-2014, Cyprus will become fully eligible for support from the Cohesion Fund as of 1 January 2017.

(5)

In accordance with Article 7(4) and (5) of Regulation (EU, Euratom) No 1311/2013 and Article 92(3) of Regulation (EU) No 1303/2013 the allocations of those Member States are to be adjusted accordingly, provided that the total net effect of those adjustments does not exceed EUR 4 billion. The adjustments are to be spread in equal proportions over the years 2017-2020.

(6)

In accordance with Article 19 of Regulation (EU, Euratom) No 1311/2013 the multiannual financial framework (MFF) is to be revised in order to transfer to subsequent years allocations not used in 2014, in the event of late adoption of new programmes under shared management for the Structural Funds, the Cohesion Fund, the European Agricultural Fund for Rural Development and the European Maritime and Fisheries Fund.

(7)

In accordance with Council Regulation (EU, Euratom) 2015/6235, EUR 11,2 billion in current prices of the allocation provided for the Structural Funds and the Cohesion Fund could not be committed in 2014 nor carried over to 2015. In addition, part of the specific allocation for the Youth Employment Initiative available for budgetary commitment in 2014 could not be committed in 2014 nor carried over to 2015. Regulation (EU, Euratom) No 1311/2013 has therefore been revised by transferring the related commitment appropriations not used in 2014 to subsequent years for sub-heading 1b ‘Economic, social and territorial cohesion’6. That transfer should be reflected in Implementing Decision 2014/190/EU.

(8)

In accordance with Article 93(2) of Regulation (EU) No 1303/2013 the Commission accepted proposals submitted by the Czech Republic, Greece, France, Italy, Poland, Portugal, Romania, Slovakia, and the United Kingdom in their Partnership Agreements to transfer up to 3 % of the total appropriations for a category of regions to other categories of regions. Those transfers should be reflected in Implementing Decision 2014/190/EU.

(9)

In accordance with Article 94(2) of Regulation (EU) No 1303/2013 the Commission accepted a proposal submitted by Denmark in its Partnership Agreement to transfer a part of its appropriations for the European territorial cooperation goal to the Investment for growth and jobs goal. This transfer should be reflected in Implementing Decision 2014/190/EU.

(10)

In accordance with Article 25(1) of Regulation (EU) No 1303/2013, the Commission accepted a request from Greece and Cyprus to transfer part of the resources provided for technical assistance at the initiative of the Member State to technical assistance at the initiative of the Commission for implementation of measures in relation to Member States. This transfer should be reflected in Implementing Decision 2014/190/EU.

(11)

The resources for the Investment for growth and jobs goal and their allocation between less developed regions, transition regions, more developed regions, Member States supported by the Cohesion Fund and outermost regions as set out in Article 92(1) of the Common Provisions Regulation should to be adjusted accordingly.

(12)

The annual breakdown of the specific allocation for the Youth Employment Initiative as set out in Article 91(1) of Regulation (EU) No 1303/2013 should be adjusted accordingly.

(13)

Resources for the European territorial cooperation goal available for budgetary commitment for the period 2014-2020 as set out in Article 92(9) of Regulation (EU) No 1303/2013 should be adjusted accordingly.

(14)

For reasons of comparability with the global breakdowns in Implementing Decision 2014/190/EU, global breakdowns should be provided in 2011 prices.

(15)

For reasons of programming by the Member States, the specific annual breakdowns should be provided in current prices to reflect the indexation of 2 % per year in accordance with Article 91(1) of Regulation (EU) No 1303/2013.

(16)

Implementing Decision 2014/190/EU should therefore be amended accordingly,

HAS ADOPTED THIS DECISION: